You Have Been SchooledBy
“Due process” and “judicial process” are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.
— U.S. Attorney General Eric Holder, explaining to Northwestern University School of Law how national security officials can pop a Hellfire missile in your American ass and call it due process.
That’s legal reasoning worthy of John Yoo and Alberto Gonzales. And you thought you’d seen the last of them on January 20, 2009.
Glenn Greenwald quotes Sen. Barack Obama and Eric Holder condemning this kind of reasoning from the Bush II White House, and characterizes President Obama’s version of due process:
the President and his underlings are your accuser, your judge, your jury and your executioner all wrapped up in one, acting in total secrecy and without your even knowing that he’s accused you and sentenced you to death, and you have no opportunity even to know about, let alone confront and address, his accusations; is that not enough due process for you?
The ACLU weighed in:
“Few things are as dangerous to American liberty as the proposition that the government should be able to kill citizens anywhere in the world on the basis of legal standards and evidence that are never submitted to a court, either before or after the fact. Anyone willing to trust President Obama with the power to secretly declare an American citizen an enemy of the state and order his extrajudicial killing should ask whether they would be willing to trust the next president with that dangerous power.”
President Gingrich, President Santorum, anyone?