Drones and Due Process

John Glaser, July 23, 2012

An excerpt of Noam Chomsky’s latest contribution to TomDispatch:

The concept of due process has been extended under the Obama administration’s international assassination campaign in a way that renders this core element of the Charter of Liberties (and the Constitution) null and void.  The Justice Department explained that the constitutional guarantee of due process, tracing to Magna Carta, is now satisfied by internal deliberations in the executive branch alone.  The constitutional lawyer in the White House agreed.  King John might have nodded with satisfaction.

…Presumption of innocence has also been given a new and useful interpretation.  As the New York Times reported, “Mr. Obama embraced a disputed method for counting civilian casualties that did little to box him in. It in effect counts all military-age males in a strike zone as combatants, according to several administration officials, unless there is explicit intelligence posthumously proving them innocent.” So post-assassination determination of innocence maintains the sacred principle of presumption of innocence.

It would be ungracious to recall the Geneva Conventions, the foundation of modern humanitarian law: they bar “the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.”

See here, here, and here for more of Antiwar.com on drones and due process.




44 Responses to “Drones and Due Process”

  1. When the Star Chamber says "You're guilty" who are you, slave, to question it?

  2. Due Process has been taken away with things like NDAA

  3. The law is and always has been a tool of domination by the powerful……….. and the white glove ZioNazis who run our show these days will be much more harsh…….. Check out the lovely Victoria Nuland… Hillary's "spokesperson" ….. wife of big pro-torture Neocon top dog Fred Kagan…??

    "But why would Hillary Clinton and the Obama administration agree to appoint to this politically sensitive position someone who willingly served such a controversial figure in suppporting and implementing the “war on terror” and all the baggage that comes with it? Furthermore, how reliable is a Talbott reference anyway? After all, I understand that he just helped his friend Robert Kagan, Nuland’s neocon husband, get a job at Brookings and Talbott is also a friend of neocon writer Marc Gerecht, the husband of Diane Zeleny who also just latched onto a likely sweetheart deal sort of appointment as Head of External Relations and Congressional Affairs at the Broadcasting Board of Governors (BBG). Whether Zeleny deserves or is qualified for the position or not.

    "Martin questions whether this has foreign policy implications, in particular the replacement of an anti-torture appointee with someone who served as Principal Deputy National Security Advisor to Vice President Cheney"

    PS It was Nuland who was

  4. [[?? "Your comment must be approved by the site admins before it will appear publicly"]]

    Do the words NeoCon, or ZioCon now send poster directly to moderation dock now here at AW.com…???

  5. Apparently not…. Just another censorship mystery to try to write around…….

  6. Hillary's "spokesperson" ….. wife of big pro-torture Neocon top dog Fred Kagan…??

  7. I think the drones are the first step in the rise of the machines and a very bad idea.

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