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Re:DOJ Argues: US can kill own citizens without review when ... by tick_tock_tick on Saturday January 02, 2021 @09:42PM (#25618847)
Obama started putting US citizens on the kill list in 2010 and once they started killing them barely anyone complained so it doesn't surprise me they just assume they can keep doing it.

https://en.wikipedia.org/wiki/Disposition_Matrix

Re:DOJ Argues: US can kill own citizens without review when ... by __turbobrew__ on Saturday January 02, 2021 @09:53PM (#25618909)
I’m still baffled how Obama got a Nobel Peace Prize.
Re:DOJ Argues: US can kill own citizens without review when ... by corty on Saturday January 02, 2021 @10:00PM (#25618950)
The Nobel Peace Prize does have it's share of madmen, dictators and terrorists on the list of nominees and holders. Obama is by far not the worst on that list.

Doing something for peace is not dependent on being a universally good person. You can still save more lifes than you have butchered.

Re:DOJ Argues: US can kill own citizens without review when ... by rmrfstar on Saturday January 02, 2021 @10:52PM (#25619237)
Obama isn't even the worst American on that list. Henry Kissinger has one.
Re:DOJ Argues: US can kill own citizens without review when ... by Perceval on Saturday January 02, 2021 @10:58PM (#25619280)
At least Kissinger ended a major war. Obama ended none and started U.S. involvement in more.
Re:DOJ Argues: US can kill own citizens without review when ... by Apocryphon on Saturday January 02, 2021 @11:10PM (#25619354)
If anything, some winners seem to dive into bad behavior after they're awarded. Aung San Suu Kyi and Abiy Ahmed being two recent examples.
Re:DOJ Argues: US can kill own citizens without review when ... by cortesoft on Saturday January 02, 2021 @11:16PM (#25619376)
It was clearly an f-you to Bush... Obama had been in office for 9 months when he got it, he hadn't don't anything much at all.
Re:DOJ Argues: US can kill own citizens without review when ... by dehrmann on Saturday January 02, 2021 @09:55PM (#25618925)
To be fair, that was before he ordered the execution of an American citizen without trial.
Re:DOJ Argues: US can kill own citizens without review when ... by roenxi on Saturday January 02, 2021 @10:20PM (#25619072)
> To be fair, that was before he ordered the execution of an American citizen without trial.

He'd became president January 20 and was awarded the prize on October 9 - he hadn't really had time to do anything meaningful for international relations.

The only way to interpret the prize was as a rebuke on former president George Bush for gleefully upping the ante from a localised tragedy in America into annihilating two countries, countless deaths and destabilising half a continent. It was a passive aggressive "well we can't stop you America, but we saw what you did".

There was a lot more to those invasions history-wise, but the basic message was clear.

Re:DOJ Argues: US can kill own citizens without review when ... by xienze on Saturday January 02, 2021 @10:37PM (#25619163)
Not sure why you’re getting downvoted, except that perhaps there’s a lot of younger folks here who don’t remember just how utterly despised GWB was. He was Trump before Trump — both “literally Hitler” and the dumbest man on the planet at the same time. Obama’s Nobel prize was most certainly a “congratulations on not being Bush” prize. I honestly wouldn’t be surprised if Biden picks up one this year.
Re:DOJ Argues: US can kill own citizens without review when ... by busterarm on Saturday January 02, 2021 @11:10PM (#25619357)
> Obama’s Nobel prize was most certainly a “congratulations on not being Bush” prize.

Except his legacy is arguably worse. Extrajudicial assassinations, the return of open-air slave markets, the deliberate overthrow of middle east governments that created the power vaccuum filled by ISIL, the inadvertant arming of ISIL through the deliberate arming of Jihadists in Syria (which is an ongoing civil war today)...

Edit: Just to add. Bush (really Dick Cheyney) expanded the power of the Executive with the approval of Congress. Cheyney is a monster who saw 9/11 as a chance to consolidate executive power to the detriment of his rivals and enemies.

Obama extended the power of the Executive largely through legal scheming of the DOJ, the courts abdicating their responsibility, labelling everything under the sun as "state secrets", and ruthlessly destroying the lives of whistleblowers. In fact, when using the secret courts set up by the Bush administration, Obama's still violated and exceeded its authority 5% of the time.

There's clearly one of these that looks more dictatorial than the other and it's not the answer most people want.

Re:DOJ Argues: US can kill own citizens without review when ... by jkaplowitz on Saturday January 02, 2021 @11:19PM (#25619396)
You're not wrong, but most of this wasn't known at the time his prize was awarded.
Re:DOJ Argues: US can kill own citizens without review when ... by busterarm on Saturday January 02, 2021 @11:24PM (#25619418)
Yes, clearly they awarded the prize not only before he did anything to earn it but before he did anything at all.

Hopefully they consider their decisions going forward, but that seems unlikely.

Re:DOJ Argues: US can kill own citizens without review when ... by skedaddle on Sunday January 03, 2021 @12:10AM (#25619652)
Obama's pattern does not "clearly" look more dictatorial. Hitler was given absolute power via legislative processes. The prototypical dictator for life, Caesar, was granted that title by the Roman Senate.

I could say well Bush lost the popular vote, so clearly anything he did looks more intrinsically dictatorial. Or because he raised private armies. It would be misleading. It doesn't matter how power is consolidated.

Re:DOJ Argues: US can kill own citizens without review when ... by netsharc on Saturday January 02, 2021 @11:24PM (#25619419)
> the deliberate overthrow of middle east governments that created the power vaccuum filled by ISIL

I assume you mean in countries outside of Iraq? "Deliberate overthrow", citation please?

I remember a friend in 2003 saying Bush's Iraq misadventure is going to fuck up a lot of things in the middle east... I can't believe how right he turned out to be.

As far as I understand it the Arab Spring came about due to social unrest due to food shortage brought about by climate change (a 2010 forest fire in Russia burned a lot of grain, Russia stopped exporting them, food prices shot up: https://duckduckgo.com/?q=russia+forest+fires+grain+prices+a... ).

Incredibly that has also lead to a lot of war-fleeing refugees, and the rise of right-wing populism in Europe. Also Brexit and Trump?

Re:DOJ Argues: US can kill own citizens without review when ... by busterarm on Saturday January 02, 2021 @11:25PM (#25619430)
> "Deliberate overthrow", citation please?

Libya.

Or as the BBC referred to it, "the worst mistake of Obama's presidency".

It's already largely a settled question that US State Dept policy and actions during that administration massively contributed to the formation of ISIL.

The difference between the Bush and Obama administrations in the middle east is stark. Despite destabilizing Iraq, the US military stayed on the ground and at least attempted to create a stable transition of power (and over time largely succeeded, at least by comparison).

Obama's destabilizing actions were followed up by abandonment and power vaccuums filled up by extremists that we armed. This is no-brainer kind of shit that we stumbled our way into, Homer Simpson style.

His foreign policy disasters weren't limited to the Middle East either, considering our lack of intervention and abandonment of our southeast asian strategic allies during the Scarborough Shoal incident.

Re:DOJ Argues: US can kill own citizens without review when ... by netsharc on Saturday January 02, 2021 @11:50PM (#25619548)
Ah well, I can clearly see you've got the "I hate Obama, he's responsible for everything bad" goggles on. But I guess I say that through my "He was trying his best" goggles.

> Or as the BBC referred to it, "the worst mistake of Obama's presidency".

Is that in this article where Obama admitted that himself? https://www.bbc.com/news/world-us-canada-36013703 . Unlike Bush/Cheney who never admitted anything? (But we're not judging these men for their honesty at the moment, are we).

> Despite destabilizing Iraq, the US military stayed on the ground and at least attempted to create a stable transition of power (and over time largely succeeded, at least by comparison).

Huh.. and you're asserting that Obama didn't continue that policy? Sorry but Iraq didn't turn to a peaceful and solved problem in 2008.

Seems like you're just throwing sweeping generalizations and one word answers to complex problems ("Libya"), and sadly I don't know the whole issue in depth either.

Re:DOJ Argues: US can kill own citizens without review when ... by busterarm on Saturday January 02, 2021 @11:53PM (#25619564)
I'm not really all that partisan. I'm mostly center left. For the most part I'm convinced that all politicians are self-serving idiots. All of these criticisms I'm levelling have come at this administration from both sides.

If there's any blinders, its the fawning treatment he received form the press for largely doing nothing or worse than nothing. Notice how much more criticism has come at him from the left since leaving office.

He's an adored president with an abysmal legacy. I voted for him, by the way. I'm vocal with the criticism because I feel I share in the responsibility for what happened.

> Huh.. and you're asserting that Obama didn't continue that policy? Sorry but Iraq didn't turn to a peaceful and solved problem in 2008.

I'm not saying that it was, but we and our allies already had troops committed in the region. If we'd left, we would have been leaving our allies holding the bag.

I was comparing Iraq to Libya, where after we removed Gaddafi, we didn't do shit. That situation created all of those other things that I mentioned.

Re:DOJ Argues: US can kill own citizens without review when ... by netsharc on Sunday January 03, 2021 @12:06AM (#25619631)
Heh, to defend Obama on Gaddafi, it's not like he's got crystal balls. And if he had done an Iraq War II deployment into Libya, the American public (presumably you too) would've screamed for his head, after suffering 8 years of the clusterfuck that is Iraq (and 10 of Afghanistan), which was started and kept in "fucked" state for 5 (7 for AF) years by people like Rumsfeld and Cheney.
Re:DOJ Argues: US can kill own citizens without review when ... by busterarm on Sunday January 03, 2021 @01:21AM (#25619950)
Even at the time most people thought his removal was a bit odd and unneccessary.

Later on with the leaked cables, we found out that it was largely because he was trying to create a gold-backed pan-African currency that would have harmed French central banking interests in the region.

One of the first things the "revolutionaries" that ousted Gaddafi did was create a central bank. While they were still fighting for territory.

Re:DOJ Argues: US can kill own citizens without review when ... by jldugger on Saturday January 02, 2021 @10:40PM (#25619182)
Trump has done precious little in the war department, so I don't think Biden will pick one up without actually doing something this go around.
Re:DOJ Argues: US can kill own citizens without review when ... by TheCoelacanth on Saturday January 02, 2021 @11:03PM (#25619315)
Maybe he can shoot for the Medicine category instead.
Re:DOJ Argues: US can kill own citizens without review when ... by refurb on Saturday January 02, 2021 @11:55PM (#25619576)
Not sure why this is downvoted either. GWB was viewed the same way as Trump by social media (I agree the mass media was more muted than under Trump). He was regarded as “dumb” much more than Trump with every minor gaff amplified as evidence “our president is mentally handicapped”.

Rinse and repeat with Trump, who arguably has a better track record at least in terms of starting wars.

If you take a step back from how US politics works in the media (mass media and social media) you realize it’s just a complete clown show. Any one who gets their “news” from those sources is just along for the ride.

Re:DOJ Argues: US can kill own citizens without review when ... by dehrmann on Saturday January 02, 2021 @11:05PM (#25619326)
> both “literally Hitler” and the dumbest man on the planet at the same time

I never got how Bush was supposed to be both an idiot and a mastermind.

Re:DOJ Argues: US can kill own citizens without review when ... by stretchcat on Saturday January 02, 2021 @11:11PM (#25619358)
The narrative I remember is that Bush was an illiterate chimpanzee who was a puppet of Dick Cheney, the mastermind.

Edit: I am recounting the narrative as I remember it, not endorsing it.

Re:DOJ Argues: US can kill own citizens without review when ... by michaelmrose on Saturday January 02, 2021 @11:47PM (#25619539)
Being good at acquiring power seems at this point fully a function of intelligent PR which divorced from the myriad skills required to govern effectively. Neither Bush nor Trump did much good with the great power offered them.
Re:DOJ Argues: US can kill own citizens without review when ... by syndacks on Saturday January 02, 2021 @10:00PM (#25618951)
Ehhh, he also "modernized" the US nuclear arsenal right before he won the award, too.
Re:DOJ Argues: US can kill own citizens without review when ... by xxpor on Saturday January 02, 2021 @10:07PM (#25618980)
Nukes have have been the biggest force for peace since ww2, so I don't really see a problem with that.
Re:DOJ Argues: US can kill own citizens without review when ... by omgwtfbyobbq on Saturday January 02, 2021 @10:27PM (#25619107)
They have been, and will continue to be, until they aren't.
Re:DOJ Argues: US can kill own citizens without review when ... by Perceval on Saturday January 02, 2021 @11:03PM (#25619313)
Obama did not modernize the U.S. nuclear arsenal. He promised to modernize it in exchange for Republican support in the Senate to pass the New START arms control deal. But he let the nuclear enterprise fall into such disrepair that a major scandal emerged in 2013, leading to a major DOD effort to repair the enterprise after a review in 2014: https://www.gao.gov/products/GAO-19-29. He kicked the can down the road on modernization of the arsenal itself until the very tail end of his administration, so that it was up to Trump in 2017 to follow through on the promise Obama made back in 2010. All of this occurred after Obama had won the Nobel Peace Prize.
Re:DOJ Argues: US can kill own citizens without review when ... by monocasa on Saturday January 02, 2021 @11:34PM (#25619481)
"Nuclear arsenal" doesn't typically evoke images of power generating nuclear reactors, but instead the nuclear warheads.
Re:DOJ Argues: US can kill own citizens without review when ... by ma2rten on Saturday January 02, 2021 @09:58PM (#25618941)
Why would it matter for the Nobel peace price committee if he killed foreign or US citizens?
Re:DOJ Argues: US can kill own citizens without review when ... by sneak on Saturday January 02, 2021 @10:20PM (#25619070)
There are generally accepted rules about what constitutes the differences between extrajudicial assassination by the state ("it's not illegal if the president does it"), judiciary-based civilian execution ("capital punishment"), wartime combat that results in death, and plain ol' cold blooded murder between parties not state-sanctioned in any way.

I personally don't distinguish much between these (I'm basically in agreement with Einstein's stated views on the matter) but to pretend that our global human society doesn't believe in these distinctions is somewhat silly.

The US president can mass murder hundreds of children (Obama did just this) and not be seen as a criminal, even by that group, provided it falls into the correct category listed above.

Re:DOJ Argues: US can kill own citizens without review when ... by oh_sigh on Saturday January 02, 2021 @10:29PM (#25619115)
Calling Obama a mass murderer is not a fair take on the matter. Obama didn't murder hundreds of children in one go. It was a few here, a dozen there, and so on. So he is more aptly called a mass serial murderer than a plain mass murderer.
Re:DOJ Argues: US can kill own citizens without review when ... by dmix on Saturday January 02, 2021 @10:47PM (#25619218)
Obama was also a shameless mass surveillance-er. He grew the NSA/CIA snooping like crazy because he was uncomfortable with the very public wars Bush was running. So he (and many others who still have positive images or direct power in the US) massively expanded the scale of the intelligence community and significantly moved it to secret courts.

Of course it all started with the Patriot Act. But even looking at who keeps voting for that and keeping it alive and you can't just blame Bush either.

It's like there's no options for Americans politically which doesn't involve massive "black budgets" and secret courts doing who knows what. It's bipartisan and even plenty of the worst Iraq war supporters all have had career revivals in recent years because the media + social media decided that only one thing was bad, the current president. All bad deeds in the past were forgotten for the old set.

Endless "Secret Wars" seem terribly undemocratic and dangerous to me - for the obvious complete lack of public courts, true due process, or war crimes laws that normally are adhered to.

And I also see no proper reckoning in the relevant future either as long as these same "good guys" are back in power.

So I guess we're stuck with it.

Re:DOJ Argues: US can kill own citizens without review when ... by chaps on Saturday January 02, 2021 @11:00PM (#25619292)
Check out the Wikipedia definition of "mass murder" [1] and then compare that list to [2]. Many of his approved drone strikes' civilian deaths exceed the "mass murders" on the wikipedia list of mass murders.

Quote from Obama [3]: "Turns out I’m really good at killing people. Didn’t know that was gonna be a strong suit of mine."

[1] https://en.wikipedia.org/wiki/Mass_murder

[2] https://www.cfr.org/blog/obamas-final-drone-strike-data

[3] https://www.businessinsider.com/obama-said-hes-really-good-a...

Re:DOJ Argues: US can kill own citizens without review when ... by dehrmann on Saturday January 02, 2021 @11:07PM (#25619336)
There's also a difference between an assassination and collateral damage.
Re:DOJ Argues: US can kill own citizens without review when ... by AnthonyMouse on Saturday January 02, 2021 @09:56PM (#25618933)
Is there a process for revoking the prize?
Re:DOJ Argues: US can kill own citizens without review when ... by Consultant32452 on Saturday January 02, 2021 @11:54PM (#25619569)
Yes. A certain group of people chat amongst themselves and decide what will give themselves and the award the most prestige. If you want the right kind of people to show up at your cool awards party, you have to give the right kind of person the award. That's not sarcasm, that is literally the process. There's no objective measures or anything.
Re:DOJ Argues: US can kill own citizens without review when ... by justicezyx on Saturday January 02, 2021 @11:36PM (#25619490)
After reading Obama's recent biography, it comes to be that Obama saw that as a push for him to be able to achieve results that merits the medal.

Then after a series of complicated political decision making, he started more. And there are always perfect legitimate reasons, as judging from Obama's perspective and described in the book, that make those things happen.

After a while reading the book, I started to see how futile it has been for US to truly behave as the nation aspires to. Without a equal counter weight, there seems no possibility for the nation's political machine to follow common sense, it's always enemy or ally, and dealing with enemy always involves military power.

Re:DOJ Argues: US can kill own citizens without review when ... by xwdv on Saturday January 02, 2021 @11:47PM (#25619540)
Some will say it was just to spite George Bush, but I remember the atmosphere at the time and that wasn’t it. Back then, being the first black president was a big deal, and Obama’s campaign inspired a lot of hope for the future in many Americans and the world. Hopium levels were still high when he was awarded the prize and the doomsday clock I believe even went backward a bit, remember that when Obama was a senator he worked to secure loose nuclear weapons around the globe.

Unfortunately, things started taking a more sinister turn as the years went on, so it seemed the prize had been given too prematurely.

Re:DOJ Argues: US can kill own citizens without review when ... by Triv888 on Saturday January 02, 2021 @10:44PM (#25619200)
Obama was a good speaker but his actions were quite a bit different... maybe that's why. At least with Trump, you know what you're getting because he appears to be brutally honest.
Re:DOJ Argues: US can kill own citizens without review when ... by bilekas on Saturday January 02, 2021 @11:09PM (#25619347)
> because he appears to be brutally honest.

Being ignorant and loud at the same time, does not make someone honest.

Re:DOJ Argues: US can kill own citizens without review when ... by Triv888 on Saturday January 02, 2021 @11:10PM (#25619356)
For a politician he was honest about what he wanted to accomplish.
Re:DOJ Argues: US can kill own citizens without review when ... by mav3rick on Saturday January 02, 2021 @11:50PM (#25619547)
Being honest about doing terrible things is not a virtue.
Re:DOJ Argues: US can kill own citizens without review when ... by StavrosK on Saturday January 02, 2021 @11:57PM (#25619592)
It's better than being dishonest about doing terrible things, though...
Re:DOJ Argues: US can kill own citizens without review when ... by mav3rick on Sunday January 03, 2021 @02:07AM (#25620142)
Comparing him to horrible doesn't make him great.
Re:DOJ Argues: US can kill own citizens without review when ... by StavrosK on Sunday January 03, 2021 @08:40PM (#25627109)
I'll never get used to people reading more into what I said than what I said. No, they're both horrible, but one is slightly more horrible than the other.
Re:DOJ Argues: US can kill own citizens without review when ... by Triv888 on Sunday January 03, 2021 @11:35AM (#25622780)
If all you have is horrible, then less then horrible is better (not saying that it is the case) ...
Re:DOJ Argues: US can kill own citizens without review when ... by mav3rick on Sunday January 03, 2021 @08:04PM (#25626896)
Only HN thinks Trump is the savior. It's frankly sickening.
Re:DOJ Argues: US can kill own citizens without review when ... by dang on Monday January 04, 2021 @02:52PM (#25636922)
That's far from accurate. I think you may be falling prey to the notice-dislike bias: https://hn.algolia.com/?dateRange=all&page=0&prefix=true&sor....

I post about that extremely often (sorry), but it's because it's so important. It's probably the single biggest factor causing problems here.

Re:DOJ Argues: US can kill own citizens without review when ... by fwip on Saturday January 02, 2021 @10:48PM (#25619219)
Nobel invented high-yield explosives, so there's a bit of poetry there.
Re:DOJ Argues: US can kill own citizens without review when ... by beamatronic on Saturday January 02, 2021 @11:27PM (#25619447)
Peace, Through Superior Firepower
Re:DOJ Argues: US can kill own citizens without review when ... by dimensi0nal on Saturday January 02, 2021 @11:01PM (#25619296)
by being black?
Re:DOJ Argues: US can kill own citizens without review when ... by baskire on Saturday January 02, 2021 @10:42PM (#25619187)
Especially since Trump actually brokered more peace deals/treaties.
[dead]
Re:DOJ Argues: US can kill own citizens without review when ... by krona on Saturday January 02, 2021 @10:04PM (#25618967)
This committee is Norwegian, actually.
Re:DOJ Argues: US can kill own citizens without review when ... by h0l0cube on Saturday January 02, 2021 @09:53PM (#25618913)
Human rights including freedom of press should really be a non-partisan issue. I don't think any political party in the US has made this a strong part of their policy platform in recent times.
Re:DOJ Argues: US can kill own citizens without review when ... by AnthonyMouse on Saturday January 02, 2021 @10:02PM (#25618960)
It's a structural failure. Whoever is currently in power only violates the human rights of the people they don't care about, and the party out of power at a given time may care about them but isn't contemporaneously in power to stop it.

The next time they play musical chairs the people being violated may change but the incentives don't.

You might imagine someone having the forethought to consider that someone else might be in power at some future point and put mechanisms in place to constrain their abuses. Modern politicians appear resistant to this logic.

Re:DOJ Argues: US can kill own citizens without review when ... by h0l0cube on Sunday January 03, 2021 @12:40AM (#25619791)
The upholding and expansion of human rights becomes a serious part of any policy platform if voters make it a priority for whom they choose as their elected officials. In this space I would argue there is room for independents to steal votes from incumbents. As long as everyone sticks to red and blue teams, there's no way to fight entrenched conflicts of interest.
Re:DOJ Argues: US can kill own citizens without review when ... by caseysoftware on Saturday January 02, 2021 @10:07PM (#25618984)
That's an interesting idea but "freedom of press" is a relatively new right by historical standards and is not widely accepted even now because it's counter to many governments' interests. The very concept is based in "Natural Law" (stemming from Aristotle, Roman tradition, etc) so not universal.

Therefore, the argument would be that it's not a "human right" but mostly a "Western right"

I'd bet on it getting worse from here.

Re:DOJ Argues: US can kill own citizens without review when ... by pm90 on Saturday January 02, 2021 @10:11PM (#25619009)
> That's an interesting idea but "freedom of press" is a relatively new right by historical standards

Literally the first amendment (1789):

> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Re:DOJ Argues: US can kill own citizens without review when ... by 1cvmask on Saturday January 02, 2021 @10:23PM (#25619085)
Re:DOJ Argues: US can kill own citizens without review when ... by sudosysgen on Saturday January 02, 2021 @11:02PM (#25619306)
I have no clue why this would be downvoted. The Supreme Court upheld the decision to jail someone for ten years for making an anti-war speech, based on the Espionage Act, which is the ancestor of the act that prevents Snowden from receiving a fair trial.

According to the article, Debs' sentence was upheld because it was found that the intent of his message was prevent the war.

By the way, the activist that was sentenced to ten years in jail for arguing against war also got a million votes for the presidency, so this is a case of supression of political candidates because of their speech and political activity.

If you disagree, instead of just downvoting factual statements you disagree with, you should comment to correct them or state why they are in bad form.

Re:DOJ Argues: US can kill own citizens without review when ... by staybailey on Saturday January 02, 2021 @11:29PM (#25619465)
Presumably the lack of any contextualizing verbage. Like zero effort to connect the evidence presented with the assertion.

Notably the evidence presented has plain gaps. Consider the second link: "Goldstein's attorneys were unable to argue for protection under the First Amendment because the Supreme Court had ruled in 1915 that movies lacked such protection. (That ruling was overturned in 1952.)" That final parenthetical is critical because it suggests that a modern court would not rule the same way the court did in 1915 given similar facts.

To be clear, I don't have enough context to evaluate the merits of the statement in full just noting why it may have come across as glib and hence downvoted.

Re:DOJ Argues: US can kill own citizens without review when ... by sudosysgen on Sunday January 03, 2021 @12:20AM (#25619712)
If you completely disregard the first link, then this conclusion does make sense, but the

That said, yeah I'd agree that there wasn't a lot of effort, but the first link reealllyyyyyyy speaks for itself here.

Re:DOJ Argues: US can kill own citizens without review when ... by 1cvmask on Saturday January 02, 2021 @10:19PM (#25619060)
Human rights is a bi-partisan issue. Bringing human rights, democracy and freedom to Iraq (insert any other non-white country) has always been a bi-partisan issue. Ask the Vietnamese or Filipinos or Native Americans or anywhere else liberated....
Re:DOJ Argues: US can kill own citizens without review when ... by dragonwriter on Saturday January 02, 2021 @10:32PM (#25619127)
> Ask the Vietnamese or Filipinos or Native Americans or anywhere else liberated....

The US didn't even pretend to liberate any of those groups except maybe the Filipinos.

They claimed to defend one set of Vietnamese against another, and didn't even pretend the Indian Wars were for the good of Native Americans.

Re:DOJ Argues: US can kill own citizens without review when ... by jcranmer on Saturday January 02, 2021 @10:52PM (#25619240)
> Ask the Vietnamese or Filipinos or Native Americans or anywhere else liberated....

The Filipinos were actually quite happy the first (Spanish-American War) and third time (World War II). The second time (Filipino-American War), not so much.

Re:DOJ Argues: US can kill own citizens without review when ... by orange_joe on Saturday January 02, 2021 @10:28PM (#25619112)
I'll ask the Bosnians, or the Koreans what they think....

We do ourselves a disservice to pretend that every intervention has been a massive failure or worse. It abdicates the specific responsibility of those waging specific wars and invites us to ignore international tragedy.

Re:DOJ Argues: US can kill own citizens without review when ... by x86_64Ubuntu on Saturday January 02, 2021 @10:40PM (#25619181)
Citing any WWII action is dubious at best. And South Korea was a dictatorship in the time afterwards so not exactly a paragon of freedom. If your argument hinges on the Kosovo air war as proof that the US war intervention isn't a default failure, then you've already lost the argument.
Re:DOJ Argues: US can kill own citizens without review when ... by refurb on Sunday January 03, 2021 @12:08AM (#25619649)
If your standard is perfection you’ll always be disappointed.

Suffice to say that both Taiwan and South Korea would not be leading democracies in Asia without US intervention. Yes, both were dictatorships initially.

Are you arguing it would be better if North Korea were running the whole peninsula? And China controlled Taiwan?

Re:DOJ Argues: US can kill own citizens without review when ... by NonEUCitizen on Saturday January 02, 2021 @11:37PM (#25619496)
Re:DOJ Argues: US can kill own citizens without review when ... by nsajko on Saturday January 02, 2021 @10:38PM (#25619169)
So currently the "logic" is that CIA can kill anyone (even a US citizen) using drones as long as it happens somewhere far away like in Yemen or Pakistan? Am I getting this right?

I wonder if POTUS has to at least sign all the kill orders.

EDIT FOLLOWS:

The problem is (independently) verifying that the targeted person was a combatant and in a war against USA. If anybody can be a combatant, CIA can kill anybody. See the following, regarding the Obama presidency:

> It is also because 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.

The obvious questions are:

* Does belonging to Al-Qaeda or similar make you eligible for a drone strike? I don't really think of (potential) terrorists as combatants.

* What about another organization designated as "terrorist"? The executive branch unilaterally puts organizations and people on that list. See https://en.wikipedia.org/wiki/United_States_Department_of_St...

* What oversight and control should there be over the decision to kill someone?

Another interesting point is that it seems that only a fraction of persons killed in drone strikes were intended as targets: https://theintercept.com/drone-papers/the-assassination-comp...

Re:DOJ Argues: US can kill own citizens without review when ... by dragonwriter on Saturday January 02, 2021 @10:46PM (#25619212)
> So currently the "logic" is that CIA can kill anyone (even a US citizen) using drones as long as it happens somewhere far away like in Yemen or Pakistan?

No, the logic is that the US government may target enemies in war by all the means lawful against enemies inwar, even if those enemies are US citizens, anywhere in the world, including within the US.

And there's plenty of precedent for that.

There may be good reasons given the nature and mechanisms of modern warfare to establish some additional limits on that now, but we can't have the discussion effectively if we start with a false premise about the rationale and the false idea that prosecuting war without special limitations when some of the individual enemy combatants are citizens is novel.

> I wonder if POTUS has to at least sign all the kill orders.

In general, no, the President is not required to personally sign orders to kill enemies in war, regardless of their citizenship.

Re:DOJ Argues: US can kill own citizens without review when ... by jkaplowitz on Saturday January 02, 2021 @11:41PM (#25619510)
> No, the logic is that the US government may target enemies in war by all the means lawful against enemies inwar, even if those enemies are US citizens, anywhere in the world, including within the US.

> And there's plenty of precedent for that.

There is clearly precedent for criminally charging US citizens for such things, or in the case where they're either subject to the UCMJ or otherwise acting as a lawful uniformed combatant, maybe a court martial.

But what is the precedent for allowing unilateral lethal military targeting of known US citizens outside the US, or anyone within the US, outside of moments when the accused is actively engaging in physical violent warfare? I'm not aware of any before 9/11.

Re:DOJ Argues: US can kill own citizens without review when ... by trhway on Saturday January 02, 2021 @11:05PM (#25619322)
> in war ... including within the US

one would think that a formal declaration of war (at least minimally specifying who the US is at war with) would be needed otherwise anybody can be killed just under umbrella of "War on Terror" or "War on Drugs" or "War on Littering and Jaywalking"...

Re:DOJ Argues: US can kill own citizens without review when ... by dragonwriter on Saturday January 02, 2021 @11:26PM (#25619433)
> one would think that a formal declaration of war would be needed

The legal existence of a war has established rules in US law, and a Congressional declaration is one way they happen (though not exclusive what you probably mean by a “formal declaration of war”, which suggests magic words).

> otherwise anybody can be killed just under umbrella of "War on Terror" or "War on Drugs" or "War on Littering and Jaywalking"...

The War on Terror has a legal declaration, which is expressly conditioned only on Presidential determinations, so requiring declarations doesn't actually meaningfully prevent that scenario when Congress is feeling lazy.

Re:DOJ Argues: US can kill own citizens without review when ... by harimau777 on Saturday January 02, 2021 @11:06PM (#25619330)
It seems to me that if we are going to go with that approach then we would need to start actually declaring wars again.
Re:DOJ Argues: US can kill own citizens without review when ... by dragonwriter on Saturday January 02, 2021 @11:22PM (#25619410)
We never stopped declaring war; declarations of war don't require particular magic words; the Afghanistan and Iraq AUMFs, for instance, were each valid conditional (and, in the former case, broadly open-ended) declarations of war.
Re:DOJ Argues: US can kill own citizens without review when ... by tipsysquid on Saturday January 02, 2021 @11:36PM (#25619489)
When in the last 30 years did the US Congress declare an act of war?
Re:DOJ Argues: US can kill own citizens without review when ... by dragonwriter on Sunday January 03, 2021 @03:26AM (#25620450)
> When in the last 30 years did the US Congress declare an act of war?

The grandparent post is a single sentence and identifies two instances that answer that question (they aren't a full answer because there are more examples in that timeframe.)

Re:DOJ Argues: US can kill own citizens without review when ... by daenz on Saturday January 02, 2021 @09:54PM (#25618920)
Isn't there a process of removing citizenship from someone who has committed treason? Why not at least go that route, vs blatantly killing citizens?
Re:DOJ Argues: US can kill own citizens without review when ... by dragonwriter on Saturday January 02, 2021 @09:57PM (#25618938)
> Isn't there a process of removing citizenship from someone who has committed treason?

No.

> Why not at least go that route, vs blatantly killing citizens?

Because it doesn't exist, and if it did exist it would almost certainly be a contested judicial process which would bring in the same problem as criminal prosecution of enemy combatants that happen to be US citizens but are physically located in territory not practically subject to US or cooperative jurisdiction.

Re:DOJ Argues: US can kill own citizens without review when ... by Fezzik on Saturday January 02, 2021 @11:05PM (#25619325)
I’m not super familiar with this area of law, but according to our government you may lose your citizenship if you commit an act of treason. See: https://www.usa.gov/renounce-lose-citizenship

Edited for grammar

Re:DOJ Argues: US can kill own citizens without review when ... by jkaplowitz on Saturday January 02, 2021 @11:30PM (#25619467)
Treason is defined in the Constitution (and in statute law) in a way that precludes conviction for treason except upon confession in open court, or on the testimony of two witnesses to the same overt act. Treason can't be proved merely by the executive branch deciding you've committed it. The loss of citizenship would only happen upon conviction by a court martial or by a court of competent jurisdiction, according to the statute.

Additionally, technically there are two other requirements before committing treason causes a loss of citizenship, just as with all the other potentially expatriating acts: the treason must be committed voluntarily and with the intent to relinquish citizenship, as judged on a preponderance of the evidence standard (i.e. more likely than not). This is a court proceeding and the claimed loss of citizenship can be challenged, though of course those requirements are more likely to be satisfied in treason cases than in some of the other potentially expatriating acts.

None of this is consistent with a unilateral military strike.

Re:DOJ Argues: US can kill own citizens without review when ... by chaboud on Saturday January 02, 2021 @11:14PM (#25619371)
You'd need to be convicted of an act of reason with due process, which would require a court, which would imperil state secrets.

It's much easier to kill you and then say that you and your estate have no standing to challenge the official story to see if you were on a list because only people who know they are in the list can see if they're on the list.

Re:DOJ Argues: US can kill own citizens without review when ... by dragonwriter on Sunday January 03, 2021 @03:44AM (#25620520)
> but according to our government you may lose your citizenship if you commit an act of treason

If you read the applicable provision of law—8 USC Sec. 1481(a)(7)—you have to not only commit an act of treason, but do so “with the intention of relinquishing United States nationality” in order to lose citizenship.

As long as you still want to be an American, albeit a traitorous one, you don't lose your citizenship just for being a traitor.

(And, it also requires conviction of the treason by a court martial or competent court, so if the government wants to give effect to this, it literally not only have to get a hold of the person, try and convict them of treason, and then prove additionally the intent to relinquish citizenship. At which point the last bit is quite likely to be moot.)

Re:DOJ Argues: US can kill own citizens without review when ... by Miner49er on Saturday January 02, 2021 @09:55PM (#25618927)
Cause then they would actually have to prove the person they killed committed treason.
Re:DOJ Argues: US can kill own citizens without review when ... by sonotathrowaway on Saturday January 02, 2021 @10:07PM (#25618985)
I’m more interested in hearing why you believe Anwar al-Awlaki hadn’t committed treason.
Re:DOJ Argues: US can kill own citizens without review when ... by afuchs on Saturday January 02, 2021 @10:28PM (#25619108)
The issue raised from the article and this overall discussion isn't necessarily concerned with one individual case, it is about what processes should be followed to make such a determination regardless of who that individual is.

Even if an individual appears to be obviously guilty, shouldn't some form of process be followed in all cases to prevent wrongful convictions and/or executions?

Re:DOJ Argues: US can kill own citizens without review when ... by monocasa on Saturday January 02, 2021 @10:54PM (#25619259)
And not just "some process", because the DoJ argues that they do follow a process. It's just not a process that involves the judiciary, or trials, or what have you.
Re:DOJ Argues: US can kill own citizens without review when ... by orhmeh09 on Saturday January 02, 2021 @10:14PM (#25619029)
Shouldn’t you explain what he did that qualified as treason under US law?
Re:DOJ Argues: US can kill own citizens without review when ... by monocasa on Saturday January 02, 2021 @10:25PM (#25619100)
Or, if it's so incredibly obvious, why can't he be tried and sentenced by the normal process of law? "Oh he was on foreign soil so we couldn't get to him" doesn't hold a lot of water when children in the region are known for having clear skies as a PTSD trigger from the number of drone strikes we've done in the area.
Re:DOJ Argues: US can kill own citizens without review when ... by dragonwriter on Saturday January 02, 2021 @10:28PM (#25619113)
> "Oh he was on foreign soil so we couldn't get to him" doesn't hold a lot of water when children in the region are known for having clear skies as a PTSD trigger from the number of drone strikes we've done in the area.

That only would seem to follow if the argument was that we couldn't get him by a drone strike, which obviously is not the argument, as drone strikes don't really do a good job of hauling people before a court.

Re:DOJ Argues: US can kill own citizens without review when ... by monocasa on Saturday January 02, 2021 @10:36PM (#25619159)
If we can indiscriminately bomb 10s of thousands of civilians in the area, we can drop down a helicopter to pick him up.
Re:DOJ Argues: US can kill own citizens without review when ... by dragonwriter on Saturday January 02, 2021 @10:39PM (#25619172)
No, the whole reasons for a drone war is that drones work very well in conditions where you can't safely land people on the ground to do things, or even operate manned aircraft without unreasonable risk of losses.
Re:DOJ Argues: US can kill own citizens without review when ... by monocasa on Saturday January 02, 2021 @10:50PM (#25619228)
If the question is safety: we have complete air superiority over Yemen.

If the question is politics: we're nearing 100k Yemeni civilians dead, they won't say no, and won't have the choice anyway.

Re:DOJ Argues: US can kill own citizens without review when ... by dragonwriter on Saturday January 02, 2021 @10:53PM (#25619246)
> If the question is safety: we have complete air superiority over Yemen.

Air superiority, or even air supremacy, doesn't make putting feet on the ground safe.

Re:DOJ Argues: US can kill own citizens without review when ... by monocasa on Saturday January 02, 2021 @11:00PM (#25619293)
It's never going to be perfectly safe, but that's literally the point of being a soldier.

If you don't want that tradeoff, then don't say an oath that requires you to put your life on the line defending the constitution.

Re:DOJ Argues: US can kill own citizens without review when ... by dragonwriter on Sunday January 03, 2021 @01:32AM (#25619996)
> It's never going to be perfectly safe, but that's literally the point of being a soldier.

No, taking unnecessary risks to do things that aren't legally required for enemies in war is kind of the opposite of the point of being a soldier.

> If you don't want that tradeoff, then don't say an oath that requires you to put your life on the line defending the constitution

The Constitution doesn't require the government to take any special restraint in war when someone fighting on the other side is a US citizen.

There may be a good argument that the law ought to given the realities of modern war, sure. And that's a debate we should have.

Re:DOJ Argues: US can kill own citizens without review when ... by sonotathrowaway on Sunday January 03, 2021 @01:25AM (#25619966)
His arrested conspirators alleged under FBI questioning that he coordinated terrorist attacks.

Working for a designated terrorist organization to commit terrorism is a crime in the United States, because terrorism is a crime.

Re:DOJ Argues: US can kill own citizens without review when ... by jkaplowitz on Saturday January 02, 2021 @11:36PM (#25619493)
The requirement in the statute isn't just that he committed treason, actually. The loss of citizenship from committing treason doesn't actually occur until the conviction for treason. And conviction for treason is both statutorily and constitutionally impossible unless you have two witnesses testify to the commission of the same overt act, or unlesss you have a confession in open court. This was a very intentional protection by the founding fathers based on prior abuses of treason laws in England.

So, even if he absolutely did commit treason, he is a citizen unless the prosecution both occurs and achieves all of that. Citizens deserve due process, period, since government conclusions and criminal charges can both be wrong, and loss of life is a very severe thing to make a mistake about.

Re:DOJ Argues: US can kill own citizens without review when ... by michaelmrose on Saturday January 02, 2021 @11:57PM (#25619590)
If you can't legally blow up citizens you cannot assert after the fact that in theory they could have lost their citizenship if you had actually bothered to collect evidence, go to court and present it.

If you CAN legally murder your citizens then a lot of things cease to matter because you are no longer governed by the rule of law in the first place.

Re:DOJ Argues: US can kill own citizens without review when ... by sudosysgen on Saturday January 02, 2021 @11:07PM (#25619333)
Legally, since the US didn't declare war, he has an argument for this not to be treason. It's part of the issue when you start doing things outside of the law, it becomes difficult or impossible for administrations in the future to do things legally, and it tends to get worse from there.
Re:DOJ Argues: US can kill own citizens without review when ... by netsharc on Saturday January 02, 2021 @11:33PM (#25619476)
Reading his Wikipedia, it seems he was guilty of hate speech against the country, and his connection with committers of violence was through writing and "inspiring".

If that's treason, then I suppose a future leftist Castro-esque president should be free to drone-murder hate speech mongers like Rush Limbaugh and many in the Fox News commentary department.

America likes to talk about respecting democracy and the rule of law, but the way it acts is nowhere near that.

Re:DOJ Argues: US can kill own citizens without review when ... by xxpor on Saturday January 02, 2021 @10:11PM (#25619011)
It's not treasonous to be a terrorist.

"Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court."

So a) terrorists aren't levying war, because they're not part of a state, and b) good luck ever fulfilling the 2 witness or confession requirement.

Re:DOJ Argues: US can kill own citizens without review when ... by dragonwriter on Saturday January 02, 2021 @10:23PM (#25619088)
> terrorists aren't levying war, because they're not part of a state

Being part of a state is not required to levy war.

Re:DOJ Argues: US can kill own citizens without review when ... by stretchcat on Saturday January 02, 2021 @11:02PM (#25619304)
As far as I am aware, America hasn't had a legally declared war since WWII, and hasn't convicted anybody of treason since then either. Even the Rosenbergs, executed for espionage, weren't convicted of treason. It sure seems to me like in practice, it's not possible for an American to commit treason if there isn't a proper war on. Am I missing something?
Re:DOJ Argues: US can kill own citizens without review when ... by dragonwriter on Sunday January 03, 2021 @02:18AM (#25620184)
> As far as I am aware, America hasn't had a legally declared war since WWII,

This is true under the “magic words” understanding of the power to declare war; but that more limited authorizations than those that simply and expressly “declare war” are nevertheless exercises of the Constitutional power to declare war and create a legal state of war is, however, well-established law, see, Bas v. Tingy, 4 U.S. 37 (1800).

Re:DOJ Argues: US can kill own citizens without review when ... by stretchcat on Sunday January 03, 2021 @02:46AM (#25620307)
Then why has nobody been charged with treason since WWII? Is it just not cool to do anymore or something?
Re:DOJ Argues: US can kill own citizens without review when ... by dragonwriter on Sunday January 03, 2021 @03:31AM (#25620465)
> Then why has nobody been charged with treason since WWII?

Why would they be?

> Is it just not cool to do anymore or something?

Mostly. It's not like you can give someone a super-death penalty, and when progressive criminalization has made it so that everything that qualifies as treason is also covered by other crimes that carry similar sentences but don't require two witnesses to the same over act or a confession on top of the standard criminal “beyond a reasonable doubt” burden of proof, why would a prosecutor ever bother with treason charges except as a political stunt?

Re:DOJ Argues: US can kill own citizens without review when ... by jayd16 on Saturday January 02, 2021 @10:41PM (#25619185)
I'm not saying this is an ideal solution but what would be a better way to handle enemy combatants that happen to be US citizens?
Re:DOJ Argues: US can kill own citizens without review when ... by jacobwilliamroy on Saturday January 02, 2021 @10:46PM (#25619211)
Have the accuser face the accused in court and prove to a jury of 12 people beyond a reasonable doubt that a crime has occured. After which, if the jury finds the accused guilty, a judge will determine what the sentence should be based upon guidlines provided by the law (which is written by congress).

We used to have a system like this. I thought it worked pretty well. Sure it wasn't perfect, but I liked the transparency.

Re:DOJ Argues: US can kill own citizens without review when ... by jshen on Saturday January 02, 2021 @11:08PM (#25619345)
That’s never been the standard for people fighting against America during a war.
Re:DOJ Argues: US can kill own citizens without review when ... by jkaplowitz on Saturday January 02, 2021 @11:27PM (#25619445)
For US citizens who are accused of doing that? It absolutely has been, historically. This is especially important in those cases where the accusation is not well-founded, or where the jury would find that the circumstance warrants a lesser penalty than death.
Re:DOJ Argues: US can kill own citizens without review when ... by jshen on Monday January 04, 2021 @01:24AM (#25628372)
Not in combat. We can debate what “in combat” means, but that is a different issue. If an American picks up a gun, in a war zone, and starts attacking American forces, they can be killed. Full Stop
Re:DOJ Argues: US can kill own citizens without review when ... by jkaplowitz on Monday January 04, 2021 @02:54AM (#25628720)
Oh yes, I agree in the case of your hypothetical scenario - and lethal force would be allowed as well to law enforcement in any domestic gunfight where they start shooting the cops. But the citizen in the article we're all discussing is a journalist, not a gunman. The other famous example of a US citizen targeted for a lethal military strike, Anwar Al-Awlaki, was also in a role that did not personally involve direct engagement in physical violence.

Nothing I'm saying is defending the actions of the citizens in question, only criticizing the propriety of the executive branch unilaterally killing a US citizen without due process outside of situations like your hypothetical where dangerous direct physical violence against American forces is involved. If the government had instead forcibly arrested them and kept them in custody while putting them through the criminal justice system, I'd have no criticism, assuming they had adequate evidence. I'd also want them to release the accused in the unlikely event of an acquittal (since government accusations can be wrong), but the regular courts are very good at convicting people who actually do stuff like this and federal prosecutors are very good at their role.

Re:DOJ Argues: US can kill own citizens without review when ... by jshen on Monday January 04, 2021 @09:11PM (#25641202)
Right, and we quickly get into the grey area. If the US military has strong evidence that someone overseas is planning terrorist attacks on the US, or US forces, can they attack him first, or is a trial required? This quickly gets very nuanced, but it certainly isn’t black and white.
Re:DOJ Argues: US can kill own citizens without review when ... by jkaplowitz on Monday January 04, 2021 @11:52PM (#25642243)
It certainly can get into grey areas. None of those grey areas pertain to roles like the US citizen journalist which this article is about.

One helpful analogy is to imagine what would happen if we entirely removed the foreign flavor, since after all we're discussing the attempted killing of a US citizen by the US government. Suppose instead that the US military had strong evidence that entirely domestic groups, unlinked to any global extremist Islamist movements, were doing communications or logistics in support of a planned attack a domestic US military base. Maybe this hypothetical attack is due to dissatisfaction with, or skepticism of the legitimacy of, the government in power.

My guess as to what would happen in that scenario: law enforcement would be directed to arrest the people involved and hold them without bail for criminal trial, and would be authorized to use whatever force is necessary if there is physical resistance, including lethal force if necessary. The goal would just be to arrest, however, with killing simply accepted as a possible accidental result.

Something similar would likely have been appropriate here, albeit with the involvement of the military due to the location outside the US and the high likelihood of violent resistance.

Re:DOJ Argues: US can kill own citizens without review when ... by michaelmrose on Sunday January 03, 2021 @12:02AM (#25619613)
If engaged in a situation where your citizens are acting lawfully if someone is shooting at you or about to shoot at you while you are engaged in your lawful action you can shoot them. This is only complicated if you want a reason to go after people for vague reasons.
Re:DOJ Argues: US can kill own citizens without review when ... by bilbo0s on Saturday January 02, 2021 @09:56PM (#25618932)
As horrible as this sounds, there will always be fewer complaints about the government killing American citizens when those citizens come from certain demographic groups. Until those groups complain, you will probably hear very few objections to the practice.
Re:DOJ Argues: US can kill own citizens without review when ... by lldbg on Saturday January 02, 2021 @09:59PM (#25618945)
Which demographic groups would that be?