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View Diary: Memo explains administration's legal rationale behind targeted killings. Senate critics not soothed (543 comments)

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  •  It was indeed interesting (1+ / 0-)
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    pamelabrown

    But I think the discussion of the second point, re overcoming the presumption against civilian status, is a bit off.  The white paper specifically says 5th amendment protections are subject to balancing, so it's not just international human rights law that provides the need for greater information to overcome (internally) the presumption against civilian status.  Both act in concert.  In other words, when Heller says the due process clause is irrelevant, he's overstating things - it's not irrelevant, but it's also not dispositive.  And what he calls the "cynical" argument really isn't.  It's a recognition that the power is broad and largely unprecedented, and while the Constitution itself may not eliminate this power, Constitutional values suggest it should be constrained.

    I think the white paper is thin and inappropriately vague in some places, but what else would the arguments be?  The fact that it pays much more attention than Bush's formulation to statutory law protects Congress's interest, at least, and suggests where the policy response, if any, should originate.  I don't see too many better alternatives.  Better this than invading and occupying countries or doing jack shit.

    Difficult, difficult, lemon difficult.

    by Loge on Tue Feb 05, 2013 at 09:06:50 AM PST

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