Investigative journalist for NBC Michael Isikoff published on Monday ground-breaking documents summarizing Obama's legal justification for extrajudicial drone killings of Americans.
This document set off a firestorm of debate centered around the general vagueness of the language contained therein.
Much of it was terrifying, but we've narrowed it down to seven key linguistic issues, and their implications, that we consider the most troubling.
1. The Executive branch is under no obligation to show evidence, before or after
Jameel Jaffer, a lawyer with the American Civil Liberties Union, writes:
According to the white paper, the government has the authority to carry out targeted killings of U.S. citizens without presenting evidence to a judge before the fact or after, and indeed without even acknowledging to the courts or to the public that the authority has been exercised. Without saying so explicitly, the government claims the authority to kill American terrorism suspects in secret.
This means if the administration murders someone, it cannot possibly be prosecuted.
2. The administration uses an "Elastic" definition of "imminent"
Jaffer also describes the Justice Department's use of the word 'imminent' — as in "imminent attack" — as so loose that the criterion could be applied to almost anything ... 5 days? Minutes? Months?
Jaffer says that it has been so redefined that it's lost all relevant meaning — "It's the language of limits—but without any real restrictions."
By widening out imminent in terms of time, it means that the administration can strike targets while they're in the shower, cutting toe nails, or taking a nap.
3. The loose use of language turns the War on Terror into a Forever War
The memo describes Al Qaeda as a "terrorist organization engaged in constant plotting" against the U.S. So as long as they perceive Al Qaeda exists, the executive branch can conduct extrajudicial killings.
This means the next president can conduct the same exercise of power. The authority to kill without transparency continues so long as any executive branch perceives a threat, possibly (and probably) forever.
See the rest of the story at Business Insider
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