Holder Adds Tentative "No" to Killing Citizens on U.S. Soil

From:  Activist Post

Joe Wright
Activist Post

AG Holder answered to the Senate Judiciary Committee today about a range of issues from state drug laws, gun control, voter registration, sequestration and most vocally about killing American citizens with drone strikes. Holder's recent letter to Sen. Rand Paul about the legality of killing Americans with drones inside the United States has resulted in heightened concern across the political spectrum.

So far there has been virtually unanimous agreement over the lack of transparency with the targeted killing program as outlined in the so-called "targeted killing playbook," by John Brennan.

Sen. Mike Lee R-Utah urged the release to the oversight committee of the full Office of Legal Counsel Memorandum on targeted killings that has so far been kept secret and upheld by a Manhattan federal judge.

Despite promises to release all information, so far there only exists a timeline of 20 instances beginning in February of 2011 that members of Congress have asked for the memo without success.

...with the exception of the 35 members of the intelligence committees getting a quick peek without staff assistance and (presumably) a more substantial review by members of the Gang of Eight, the Administration has blown off every single one of those 20 requests. (Source)

Once again, pressure has been applied, but nothing has been forthcoming except for more deflection from Holder and some new disturbing statements....

Sen. Lee stressed that the definition so far understood about threat "imminence" which he cited from page 7 of the 16-page leaked version is different from any other definition understood thus far by legal experts. Namely, that there is no specific evidence needed. Holder stammered through attempted answers stating repeatedly, "I'm not sure" of the full legal definition of imminence. The full OLC memorandum and related documents have not been reviewed by the oversight committee.

Perhaps most disturbing is when the subject of judicial review came up. Holder said that he, like Brennan, thinks there could be a place for that, but is worried that it would interfere with operations. Essentially, this is reinforcing the notion that intelligence agencies and the president can work hand-in-hand behind the scenes, away from Congressional review to decide who dies anywhere in the world. It is an incredibly arrogant and dismissive position to take toward the legal representatives of the American people.

As noted by theemptywheel.net, the delays we have seen regarding the full legal explanation is that they very well could still be working on a justification:

...it appears more and more like what happened with torture: which is that the spooks were executing the program under Presidential authority–that is, under the Gloves Come Off Memorandum–and only after someone complained internally about the legal sketchiness of it all, did they go about getting an OLC opinion sanctioning the actions that had already happened. (Source)

However, when pressed by Texas Senator Ted Cruz (R-TX), Holder did seem to indicate "I thought I was saying no" to the question of constitutionally killing Americans with drones domestically. Yet, it is worth noting that, similar to his written response to Rand Paul, Holder made it clear he was responding to a "hypothetical." The central concern can be found here -- the Constitution is written clearly and unambiguously so that clear and unambiguous answers can be given to legal questions. This appears to not be understood at the DoJ.  MORE