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Attorney General Eric Holder Tuesday stopped short of entirely ruling out a drone strike against an American citizen on U.S. soil—without trial.
Holder’s comment came in a letter to Sen. Rand Paul. Paul had sent a letter to President Obama’s CIA director nominee John Brennan asking for the administration’s views on the president’s power to authorize lethal force.
In the letter, Holder said “It is possible I suppose to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the President to authorize the military to use lethal force within the territory of the United States. “
The Posse Comitatus Act is the United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) that was passed on June 18, 1878, after the end of Reconstruction and was updated in 1981. Its intent (in concert with the Insurrection Act of 1807) was to limit the powers of Federal government in using federal military personnel to enforce the State laws. Contrary to popular belief, the Act does not prohibit members of the United States Armed Forces from exercising Law enforcement agency powers within a State, police, or peace officer powers that maintain "law and order"; it requires that any authority to do so must exist within the United States Constitution or Act of Congress.[1] Any use of the Armed Forces under either Title 10/Active Duty or Title 10/Reserves at the direction of the President will offend the Constitutional Law also known as Public Law prohibiting such action unless declared by the President of the United States and approved by Congress. Any infringement will be problematic for political and legal reasons.
The Bill/Act as modified in 1981 refers to the Armed Forces of the United States. It does not apply to the National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state's governor. The U.S. Coast Guard, which operates under the Department of Homeland Security, is also not covered by the Posse Comitatus Act, primarily because the Coast Guard has both a maritime law enforcement mission and a federal regulatory agency mission.
In the letter, Holder said “It is possible I suppose to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the President to authorize the military to use lethal force within the territory of the United States. “
Originally posted by Wrabbit2000
In the letter, Holder said “It is possible I suppose to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the President to authorize the military to use lethal force within the territory of the United States. “
Where the hell are they selling the copy of the Constitution these clowns are going by? Pelosi actually has found the whole 'Constitutional Basis' question funny by outright laughing when asked to justify something.
Now Holder sees...somewhere in that and decided issues like Posse Comitatus, the theoretical circumstance?!? Well, perhaps in the event of FOREIGN INVASION but that is quite literally the ONLY circumstance Federal Troops are supposed to EVER be using lethal force inside the U.S.. Ever. .....EVER. Every "but but but" exception weaseled since has been a little chip away at our rights to reach THIS outrageous point.
We need a new Attorney General who KNOWS the law. First it's Mexican citizens he doesn't care about putting in harm's way for an agenda. Now it's Americans. Umm.. Huh?!
You'd think all these educated men would know things like this were decided downright decisively after the Civil War, in particular. No, No and just for good measure....No again, says this citizen.
Originally posted by Wrabbit2000
Now Holder sees...somewhere in that and decided issues like Posse Comitatus, the theoretical circumstance?!? Well, perhaps in the event of FOREIGN INVASION but that is quite literally the ONLY circumstance Federal Troops are supposed to EVER be using lethal force inside the U.S..
Originally posted by tothetenthpower
Do any of us REALLY believe that the government hasn't been arresting and imprisoning citizens under spurious or secret detention programs?
For the last..oh I dunno..60 or so years?
I certainly think they have. Anybody who doesn't think that domestic surveillance and 3 letter agency domination isn't a prime factor in foreign policy, or a war on terror, is well, wrong IMO.
It's just interesting that they've started talking about it at all. The thing about authority is that unless somebody asks you if you have it, you usually just assume you do. In the case of governments even more so.
SO let's remove our rose colored glasses for a second and think critically about our governments and it's various agencies. Let's look at their operating history, the mistakes they've made and those that they attempted to cover up.
That's probably a better indication of what will be the reality moving forward, than whatever the hell Eric Holder says.
It's probably safe to assume that Obama does have some sort of "National Security-Esque" declaration that would allow him to do this, in secret.
~Tenth
Originally posted by muse7
Lol were they not ready to shoot down the passenger airlines on 9/11? If I remember correctly they scrambled a few F-16s that day to intercept and possibly shoot down the airliners if they entered a restricted air space.
I'm not advocating the use of lethal force against us citizens without trial, but the article does mention that it would be possible under "extraordinary" circumstances.
Originally posted by phantomjack
I find that interesting how he circumvented the question apparently asked by Senator Paul.