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There will be plenty of blame to go around, yet I can’t escape the gnawing feeling that people like me — legal critics of the George W. Bush administration’s detention policy — bear some moral responsibility for creating incentives for the Obama administration to kill rather than capture. True, we didn’t realize that condemning interrogation practices and quasi- lawless detention at Guantanamo Bay, Cuba, would lead a Democratic president to break new ground in unfettered presidential authority. But that’s just the point: We should have seen it coming. And we didn’t.
Then came the drones — and with them a series of legal justifications that arguably went much further than the Bush administration had gone in expanding executive power. One Justice Department memorandum, which has still outrageously not been released to the public, apparently justified the killing of U.S. citizens by drone strikes in part through the argument that due process had been satisfied by internal deliberations within the executive branch.
If the reports are accurate, this amounts to the first time I know of in our tradition since the Magna Carta in 1215 that due process has been deemed satisfied without giving the victim of a government deprivation of life and liberty the opportunity to be heard by a neutral decision-maker.
Noah Feldman, a law professor at Harvard University and the author of “Cool War: The Future of Global Competition,” is a Bloomberg View columnist
benrl
Every American who believes in justice, liberty, freedom, should be ashamed what we have all allowed to happen in our names.
Unfortunately, most are in agreement (proud even) of what we have done - of what we have become - otherwise - where are the protesters? Where's the outrage?
Drone warfare should be a crime, drones should be limited to recon, not executioners so politicians don't have to face the fallout of losing American lives on needles conflicts.
Drone warfare IS a crime! A crime that the American people particularly relish. A crime that has spread throughout the entire nation - by the many thousands - all with the tacit approval of the populace that benefits from them.
That makes war cheap to wage and more palatable, a concept that should horrify us all.
That's always been one of the primary goals of the DoD - remember the A-Bomb? They American loved it. I know they did because I was there during the ticker tape celebrations.
Drone warfare IS a crime! A crime that the American people particularly relish. A crime that has spread throughout the entire nation - by the many thousands - all with the tacit approval of the populace that benefits from them.
But that’s just the point: We should have seen it coming. And we didn’t.