Thursday, January 16, 2003

Court Upholds Bush’s Right to Assassinate Americans The following article was supposed to be printed in the Boston Globe today, but was somehow misplaced.   Washington DC Jan 16-  A federal appeals court today upheld the right of President Bush to assassinate American citizens on national security grounds, so long as they were not simultaneously accused of other civil or criminal offenses.  The fourth circuit court of appeals gave a significant legal victory to the administration in the case, which arose from the death of Ahmed Khomeni, a U.S. citizen killed in the war on terrorism.   In reversing a decision of the lower court, which held that Khomeni had in fact been deprived of his civil rights, the full 4th circuit, in an 8 to 3 ruling, sided with the government.  Citing the deference the court owed the executive in time of war, the justices said that “we have been assured that secret evidence of Khomeni’s intent, while not subject to scrutiny by the court, did in fact exist within the Justice Dept. “   Professor Hollarhan, of Georgetown Law School, in commenting on the result said “This court clearly understands the limits of judicial activism.  When confronted with a case that could have significant implications for national security, the court exercised admiral judicial restraint.  Coming from the 4th Circuit, this decision will likely lead to increased eradication of terrorists, regardless of their nationality or citizenship.”   Attorney General John Ashcroft, clearly elated at a significant victory, said “those who would hamper the work of the FBI and who would undermine the credibility of our intelligence services in the fight against terrorism were stuck down today by the hand of God.”  He said that “our ability to quickly and efficiently eliminate terrorists, regardless of nationality, is vital to the protection of those American values we are sworn to protect.”   Some legal commentators questioned the decision, however.  “I am glad to see the court carved out an exception where a civil or criminal offense is involved” said Bill McKenny a professor of jurisprudence at Tufts.  “At least civil and criminal defendants will receive due process, and will generally not be subjected to capital punishment without trial and an appeal process.  I am glad the court affirmed that evidence for criminal or civil crimes can still be presented in court, so long as it does not involve national security interests.”   Several democratic senators appeared uncomfortable about the new ruling of the court.  “We are grateful that our American constitution and rule of law provides us with protections and a way of life that are the envy of the world” said Massachusetts democrat John Kerry.  “President Bush must agree to use his execution authority with restraint, otherwise congress may be forced to intervene.”   In addition to Khomeni, at least three other Americans are known to have been assassinated on national security grounds.  In each case, the Justice dept. informed local police departments that no investigation into the death was required.  In one case, a missile struck a car, generally seen as a sign of a government rather than gang assassination.   ………   What is the likelihood of such an article appearing within the next few years?  Some say it’s fantasy—but who would have believed the detention of Jose Padilla, the holding incommunicado of people in Guantanamo, who are neither prisoners of war, nor criminals, but truly the disappeared.  Who would believe the use of secret evidence, that Americans can be held without knowing the charges against them.    To a lawyer, this may seem like laypersons paranoia, but if the courts don’t fulfill their role of restraining unbridled executive power, who will.   It is probably a cliché, but rights and freedoms atrophy and die unless they are strongly defended and supported.  Look what is happening to affirmative action, which came into being through the civil rights movement to remedy vicious legalized discrimination, but is now dying.  We have leaders who represent a throwback to a militaristic, southern aristocracy, with contempt for democratic and egalitarian values.  If we don't want to live on the plantation, we had better call in the Union cavalry.    10:18:03 PM   comment []

© Copyright 2003 Toby Sackton. Last update: 2/2/2003; 5:54:54 PM.