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View Diary: What's Happenin'? Obama's Cheney Week 2.8.13 (64 comments)

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  •  Good stuff (5+ / 0-)

    by Juan Cole there.  

    I don't believe the assertions by Brennan that he wants to move the drone operations over to the DoD entirely.  In fact, making some of these operations CIA or partially CIA has been a technique used to avoid international law.  The bin Laden operation was not a DoD operation and had some CIA ops legal cover to it, IIRC.   No, I don't think they will be giving that slithery stuff up any time soon and Brennan is famous for lying.

    This point really does a good job of spilling out the conundrum and dishonesty and I'll go as far as to say evil of it all:

    10. Administration officials are admitting that the drone program, which is allegedly authorized by the 2001 congressional authorization for the use of military force, would be brought into legal question if al-Qaeda were declared defeated, thus putting an ending parenthesis around the AUMF. But I argue that the AUMF is itself unconstitutional, since it went beyond calling for hunting down and punishing the plotters of 9/11 to creating a class of persons (“al-Qaeda members”) who are objects of a Bill of Attainder. You can’t actually declare war on a small civilian organization that is spread over the world. There is no formal definition of an al-Qaeda member, there is no real way to decide who is ‘operational’ and who isn’t, and there is a tendency in the US government to use ‘al-Qaeda’ to describe all militant and/or inconvenient Muslim movements. In fact, the NYT revealed that the US routinely ex post facto puts all young men killed in a drone strike in the category of ‘militants,’ even if it has no idea who they are. Most living actual al-Qaeda members had nothing to do with 9/11 and many are critics of it. The hypocrisy of all this is obvious in Libya, where the US cooperated with Abdel Hakim Belhadj, who became the security director for post-revolutionary Tripoli, even though he could be droned at will by President Obama any day of the week according to current US policy. The entire thing is a definitional, constitutional and legal mess, and Obama should end it all before going out of office.
    I have to say that I am surprised to see his words there on Libya after his fierce support and defense of the intervention.   I mostly stopped reading Cole after that, so maybe he's changed his point of view since then.   I hope so.


    "Justice is a commodity"

    by joanneleon on Fri Feb 08, 2013 at 06:49:22 AM PST

    [ Parent ]

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