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View Diary: Eugene Robinson on Assassination by Remote Control (75 comments)

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  •  This will be ignored here (2+ / 0-)
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    Susan G in MN, Simplify

    but discussions on the left around these issue simply do not understand the idea of jurisdiction.

    A prosecutor in the US has a number of tools to use against criminals.  They can, as long as they get a warrant, conduct searches.  The can subpoena witnesses.  They can arrest people.

    They have very few tools when trying to prosecute someone outside of the US for the simple reason that a US Court does not have the authority to issue a search warrant or a subpoena in a foriegn country. This fact was completely ignored by people who didn't like the OBL operation.

    A US Citizen operating outside the US who has joined an enemy should NOT expect to have the same rights as a criminal defendant inside the United States.  The US Constitution does not distinguish between citizens and non-citizens in the key sections of the Bill of Rights for a very simple reason: they are limited not by a person's status but by his presense.  Jurisdiction is based on location, not citicenship status.

    I am uncomfortable with the lack of judicial review of the use of drones against US Citizens, but the real problem here is the AUMF, which is still in effect and which has no time limit.  The repeal of the AUMF or its modification is desperately needed.  The US is still as a matter of US Law still at War under the AUMF.

    The bitter truth of deep inequality has been disguised by an era of cheap imported goods and the anyone-can-make-it celebrity myth - Polly Toynbee

    by fladem on Fri Feb 08, 2013 at 06:55:34 AM PST

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