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JaneyVee

(19,877 posts)
Thu Mar 7, 2013, 02:54 PM Mar 2013

Breaking: Attorney General - Obama Can't Order Drone Attack On Americans On US Soil

It took Senator Rand Paul (R-Ky.) filibustering for 13 straight hours, but the White House has finally clarified that President Barack Obama cannot order a drone strike on an American citizen on American soil. In a curt, forty-three word letter, Attorney General Eric Holder clarified the administration's stance.

"It has come to my attention that you have now asked an additional question: "Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil?" Holder wrote. "The answer to that question is no."

http://www.motherjones.com/mojo/2013/03/holder-president-cant-order-drone-attack-americans-us-soil

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Breaking: Attorney General - Obama Can't Order Drone Attack On Americans On US Soil (Original Post) JaneyVee Mar 2013 OP
Um...we already knew that. "Not engaged in combat". It didn't actually need TwilightGardener Mar 2013 #1
Strike "randomly" cthulu2016 Mar 2013 #7
Meaning in the absence of some sort of harmful act. Meaning he's not going to drone-kill TwilightGardener Mar 2013 #11
Well, I'm glad Holder clarified that. There was apparently some doubt. Comrade Grumpy Mar 2013 #22
In those who wanted to see there as being doubt, yes. onenote Mar 2013 #24
onenote is for sure. xtraxritical Mar 2013 #40
Doubt raised by right wing kooks creeksneakers2 Mar 2013 #88
On American soil anyway... Bandit Mar 2013 #57
Believe me, I have my doubts about drones overseas. That's where the real concern is, IMO. TwilightGardener Mar 2013 #66
Paul used the word "arbitrarily"` onenote Mar 2013 #19
Good. Why didnt he ay this in the first place? bowens43 Mar 2013 #2
He did--he said only in extraordinary circumstances (attacks on US soil) would the TwilightGardener Mar 2013 #4
I see where this is going meow2u3 Mar 2013 #13
That's possible--but the law is the law, it wouldn't protect RW insurrectionist nutz TwilightGardener Mar 2013 #14
Kind of like what Lincoln did. JoePhilly Mar 2013 #34
+1000. WTF? Holder is just a bundle of Laurian Mar 2013 #8
to give wandering the sky is falling nannies something to talk about... snooper2 Mar 2013 #15
Because he answered the question he was asked. onenote Mar 2013 #20
He did. Only people with an agenda didn't 'get it.' nt msanthrope Mar 2013 #28
Well, that was like pulling teeth! n/t Le Taz Hot Mar 2013 #3
Again, the sinister word 'drone'. It means nothing. randome Mar 2013 #5
The president has the power to use any military personel or devices against any people jeff47 Mar 2013 #26
At least there is oversight and review with that. randome Mar 2013 #33
Not really. jeff47 Mar 2013 #35
Jay Carney clarified: geek tragedy Mar 2013 #61
That is a much better clarification. randome Mar 2013 #72
It goes under the "should be obvious" category since there's no specific geek tragedy Mar 2013 #76
Good, now ProSense Mar 2013 #6
You mean all the armchair historian/legal scholar/serious people who defended the power whatchamacallit Mar 2013 #9
No, they understood his previous letter to not contradict this letter. geek tragedy Mar 2013 #16
I say whatchamacallit Mar 2013 #17
Can you find one person who argued that the president has the right to drone kill someone geek tragedy Mar 2013 #18
The trick here is the definition of 'engaged in combat' ... Myrina Mar 2013 #39
So can any words. Literally any definition under 5000 pages long can geek tragedy Mar 2013 #44
How would you clarify the response to address your concern? onenote Mar 2013 #45
Yes whatchamacallit Mar 2013 #55
Do you disagree that the President would have the right to shoot geek tragedy Mar 2013 #56
You challenged, I answered whatchamacallit Mar 2013 #59
I guess they would be the dreaded "collateral damage" with the geek tragedy Mar 2013 #60
What the hell do you think "extraordinary circumstance" meant? SpartanDem Mar 2013 #23
That depends 100% on who is defining "extraordinary" demwing Mar 2013 #27
It depends. What would President Michelle Bachmann consider "extraordinary"? Recursion Mar 2013 #30
Who would NOT have defended what he said before? Perhaps our enemies DevonRex Mar 2013 #90
Now maybe everyone will shut the fuck up and start worrying about the important stuff. nt Comrade_McKenzie Mar 2013 #10
Especially the pompous whatchamacallit Mar 2013 #12
So, people who offered differing opinions are "pompous asshats"? Really??..... OldDem2012 Mar 2013 #29
where did Holder use the word "combatant"? onenote Mar 2013 #38
What's your, and more importantly, their definition, of the word "combat"? nt. OldDem2012 Mar 2013 #84
Don't Drone Me Bro! harkonen Mar 2013 #21
Oh, but wait! We'll now have to debate the definition of the word "combatant".... OldDem2012 Mar 2013 #25
All interesting questions, but I'm satisfied in the main Recursion Mar 2013 #32
Hopefully, someone other than people attending a wedding party. AnotherMcIntosh Mar 2013 #78
The same way cops make a judgement creeksneakers2 Mar 2013 #89
Thank you, Attorney General Holder. JDPriestly Mar 2013 #31
And dozens of DUers suddenly realize... SidDithers Mar 2013 #36
Rand Paul wound up using the 13hr filibuster to raise political contributions and now says he will JaneyVee Mar 2013 #42
A mere 13 hour filibuster? That was nothing but posturing. So much for Rand's sense of morals. randome Mar 2013 #64
Well, his daughter's boyfriends can breathe a sigh of relief. Spitfire of ATJ Mar 2013 #37
I saw George Bush when I heard him say that. forestpath Mar 2013 #53
TY Rand Paul colsohlibgal Mar 2013 #41
You commend him on being a troll? SpartanDem Mar 2013 #47
The other liberal dems were probably of the mindset that droning someone sitting in a cafe on US JaneyVee Mar 2013 #51
they're also shortsighted enough to believe a republican will never be president again frylock Mar 2013 #69
What does "engaged in combat" mean? When Occupiers protest are they engaged in combat? nt valerief Mar 2013 #43
Oy, and away we go. People can play the "what do you mean by that" game geek tragedy Mar 2013 #48
That was my very first thought, too. forestpath Mar 2013 #54
All this wasted time and effort trying to define the words. Screw that. randome Mar 2013 #63
Thank you lumpy Mar 2013 #85
Joe Biden called Julian Assange a high-tech terrorist. OnyxCollie Mar 2013 #73
The Obama administration considers all males of military age to be "suspected militants" OnyxCollie Mar 2013 #74
Sure, just make stuff up if it helps you. randome Mar 2013 #77
Sorry to interrupt your delusions. OnyxCollie Mar 2013 #86
Well, the OP was about on U.S. soil so I took your post in that context. randome Mar 2013 #93
"The difference is that the ones being targeted have already been identified as the enemy" OnyxCollie Mar 2013 #94
But an American engaged in combat on America Soil can be blown away... Agnosticsherbet Mar 2013 #46
And the problem with that is . . .? geek tragedy Mar 2013 #50
It opens the way to treat any criminal act as an act of war... Agnosticsherbet Mar 2013 #62
No it doesn't. "Engaged in combat" means "engaged in combat." geek tragedy Mar 2013 #65
You know that how? Agnosticsherbet Mar 2013 #68
That would violate Posse Comitatus, unless the violence rose to the level geek tragedy Mar 2013 #70
But the police can shoot at potential criminals. What's the difference between that and killing with Lint Head Mar 2013 #49
Police have local powers the President does not have. nt geek tragedy Mar 2013 #52
I guess when it comes to killing that's true. Lint Head Mar 2013 #58
The police need probable cause... Agnosticsherbet Mar 2013 #67
So, if they hijack a plane and attempt to ram it into lower Manhattan, geek tragedy Mar 2013 #71
Drones do not dogfight, and don't shoot down aircraft... Agnosticsherbet Mar 2013 #80
The DOJ memos don't allow kilings of US citizens on foreign soil if capture would be possible. geek tragedy Mar 2013 #83
I agree. Lint Head Mar 2013 #87
Here is a recent example of such an incident... xocet Mar 2013 #81
What about burning down cabins to kill suspects? ecstatic Mar 2013 #75
Next question; Define "combat"? LynnTTT Mar 2013 #79
Yet again the president is poorly served by AG Holder tularetom Mar 2013 #82
To which Rand Paul replied greyseal Mar 2013 #91
Parsing the question and the answer does not work for me. Coyotl Mar 2013 #92
Enough of this fuckin' false issue treestar Mar 2013 #95
However cancer grannies can still be sent to prison for smoking a joint. Warren DeMontague Mar 2013 #96
Oh, how vy unbipartisan of the AG to claim the Prez can't blow you up for the f/ck of it. blkmusclmachine Mar 2013 #97

TwilightGardener

(46,416 posts)
1. Um...we already knew that. "Not engaged in combat". It didn't actually need
Thu Mar 7, 2013, 02:56 PM
Mar 2013

to be asked or answered, it's in the Constitution. The President doesn't have the power to randomly assassinate Americans, and didn't claim to.

cthulu2016

(10,960 posts)
7. Strike "randomly"
Thu Mar 7, 2013, 02:59 PM
Mar 2013

That's a cute turn of phrase, but rather dishonest.

Has someone suggested that the issue is about the President picking names off whitepages.com to blow up?

TwilightGardener

(46,416 posts)
11. Meaning in the absence of some sort of harmful act. Meaning he's not going to drone-kill
Thu Mar 7, 2013, 03:02 PM
Mar 2013

or assassinate guys on the FBI most wanted list rather than just arresting them.

onenote

(42,694 posts)
24. In those who wanted to see there as being doubt, yes.
Thu Mar 7, 2013, 03:27 PM
Mar 2013

It seemed pretty clear to those who understood what the Holder letter, combined with the DOJ White Paper, had laid out.
But more clarity is good.

Bandit

(21,475 posts)
57. On American soil anyway...
Thu Mar 7, 2013, 04:41 PM
Mar 2013

He seems to be doing a fair job of killing folks by drone in other countries and it doesn't matter if they are American citizens or not. How can one say they are engaged in combat when they are at a wedding or some other innocuous activity?

onenote

(42,694 posts)
19. Paul used the word "arbitrarily"`
Thu Mar 7, 2013, 03:16 PM
Mar 2013

I haven't scoured his statement to see if he also used the word "randomly."

TwilightGardener

(46,416 posts)
4. He did--he said only in extraordinary circumstances (attacks on US soil) would the
Thu Mar 7, 2013, 02:58 PM
Mar 2013

President use that sort of power against an American. Only nimrods could misread that.

meow2u3

(24,761 posts)
13. I see where this is going
Thu Mar 7, 2013, 03:04 PM
Mar 2013

Extraordinary circumstances = armed rebellion and/or insurrection. In other words, Obama can order military force (via the National Guard) be used to quash an insurrection by RWNJ teabagger traitors.

That's why Rand Paul, Ted Cruz Missile, and the other far right teabaggers want to outlaw use of drones against right-wing hate groups--they either belong to one of them or sympathize with the anti-government hatriots.

TwilightGardener

(46,416 posts)
14. That's possible--but the law is the law, it wouldn't protect RW insurrectionist nutz
Thu Mar 7, 2013, 03:07 PM
Mar 2013

who fight the United States. That would fall under "combat". We've seen militia compound sieges before.

Laurian

(2,593 posts)
8. +1000. WTF? Holder is just a bundle of
Thu Mar 7, 2013, 03:00 PM
Mar 2013

walking confusion. It's like he's walking on egg shells all the time, afraid to speak up then has to backtrack and clarify everything.

 

snooper2

(30,151 posts)
15. to give wandering the sky is falling nannies something to talk about...
Thu Mar 7, 2013, 03:08 PM
Mar 2013

it's been a slow news week

 

randome

(34,845 posts)
5. Again, the sinister word 'drone'. It means nothing.
Thu Mar 7, 2013, 02:58 PM
Mar 2013

So the President can order an atomic bomb attack on U.S. citizens? Mind you, I'm comfortable with the President protecting the country so long as there is oversight and review.

But Holder's statement clarifies nothing.

jeff47

(26,549 posts)
26. The president has the power to use any military personel or devices against any people
Thu Mar 7, 2013, 03:39 PM
Mar 2013

who are attacking the US. Including nuclear weapons.

One would think there would be better options, but he has the power to do so.

 

randome

(34,845 posts)
33. At least there is oversight and review with that.
Thu Mar 7, 2013, 03:55 PM
Mar 2013

It's common to say the President has the 'nuclear football' but I'm sure it's a lot more complicated process than pushing a single button somewhere. There is a chain-of-command that is followed. That's what should be followed with any use of force.

If Congress would stop posturing and propose some legislation, all this 'hair-on-fire' stuff would settle down.

jeff47

(26,549 posts)
35. Not really.
Thu Mar 7, 2013, 04:02 PM
Mar 2013

All that's required is concurrence of a second person, such as the VP or someone else confirmed by the Senate.

In the case of an imminent or actual attack, the second person can be the general receiving the order to fire.

 

geek tragedy

(68,868 posts)
61. Jay Carney clarified:
Thu Mar 7, 2013, 04:48 PM
Mar 2013
"The president has not and would not use drone strikes against Americans citizens on American soil," Carney said. "The legal authorities that exist to use lethal force are bound by, constrained by, the law and the Constitution. The issue here isn't the technology .... Whether it's a drone strike or a gun shot, the law and the Constitution apply in the same way."


http://www.huffingtonpost.com/2013/03/07/obama-drone-strikes_n_2830174.html

Personally, I put this in the same category as the WH releasing the long form, but YMMV.
 

geek tragedy

(68,868 posts)
76. It goes under the "should be obvious" category since there's no specific
Thu Mar 7, 2013, 05:21 PM
Mar 2013

authorization of non-drone lethal attacks.

There's nothing saying "the President shall have the authority to order lethal force by means of fighter jet or pistol, but not by weaponized drone or candelstick."

The entire focus on drones as resulted in a dumbing down of discourse.

ProSense

(116,464 posts)
6. Good, now
Thu Mar 7, 2013, 02:59 PM
Mar 2013

Rand Paul should be asked to explain his legistation.

Rand Paul supports "swift drone action" based on a "reasonable suspicion" of an "imminent danger"
http://www.democraticunderground.com/10022472789

whatchamacallit

(15,558 posts)
9. You mean all the armchair historian/legal scholar/serious people who defended the power
Thu Mar 7, 2013, 03:01 PM
Mar 2013

were utterly full of shit? I can't believe it!

 

geek tragedy

(68,868 posts)
16. No, they understood his previous letter to not contradict this letter.
Thu Mar 7, 2013, 03:11 PM
Mar 2013

Because they read both letters.

 

geek tragedy

(68,868 posts)
18. Can you find one person who argued that the president has the right to drone kill someone
Thu Mar 7, 2013, 03:14 PM
Mar 2013

on US soil who is not engaged in combat?

Myrina

(12,296 posts)
39. The trick here is the definition of 'engaged in combat' ...
Thu Mar 7, 2013, 04:26 PM
Mar 2013

... and whether is can be changed based on what pisses the Administration off at any given time.

 

geek tragedy

(68,868 posts)
44. So can any words. Literally any definition under 5000 pages long can
Thu Mar 7, 2013, 04:30 PM
Mar 2013

be twisted by a dishonest administration to suit its own means.

People should assume "engaged in combat" means the plain meaning of the words.

 

geek tragedy

(68,868 posts)
60. I guess they would be the dreaded "collateral damage" with the
Thu Mar 7, 2013, 04:47 PM
Mar 2013

target being the pilots being the actual combatants.

SpartanDem

(4,533 posts)
23. What the hell do you think "extraordinary circumstance" meant?
Thu Mar 7, 2013, 03:25 PM
Mar 2013

Do you think he was talking about someone running from the cops?

Holder's original answer:


The Obama administration, Holder said, rejected the use of military force where "well-established law enforcement authorities in this country provide the best means for incapacitating a terrorist threat." But in theory, it'd be legal for the president to order such an attack under certain circumstances, Holder said.

"The question you have posed is therefore entirely hypothetical, unlikely to occur, and one we hope no president will ever have to confront. It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the President to authorize the military to use lethal force within the territory of the United States," Holder wrote.

 

demwing

(16,916 posts)
27. That depends 100% on who is defining "extraordinary"
Thu Mar 7, 2013, 03:48 PM
Mar 2013

which is 100% the problem.

I can see a future Republican administration targeting abortion clinics as within the arbitrary definition of "extraordinary circumstances"

Recursion

(56,582 posts)
30. It depends. What would President Michelle Bachmann consider "extraordinary"?
Thu Mar 7, 2013, 03:51 PM
Mar 2013

Obama won't always be President, and Holder won't always be AG.

DevonRex

(22,541 posts)
90. Who would NOT have defended what he said before? Perhaps our enemies
Fri Mar 8, 2013, 02:46 AM
Mar 2013

or anyone else who wishes us harm. But everyone else recognizes that if the U.S. were to suffer an attack like Pearl Harbor or like 9/11, military force could and should be used to protect the country. That is what Holder actually said. If you or anyone else here has a problem with the CiC commanding the military to defend the United States on U.S. soil, after we've been attacked on U.S. soil, then I would like you to explain your reasoning to me. There was no mention of drones, you realize. None whatever.

Somehow lots of so-called progressives pretended Holder said something he did not say. Like that tabloid Common Dreams. They either cannot read or they deliberately spun the story to make the Obama Administration look as bad as possible. While I don't doubt the first choice is possible, I'd say probability rests with the second option. But what a choice! Stupidity or dishonesty. Yet they scratch their heads, wondering why they aren't attracting more Democrats to their site. Sad, really. I used to read Common Dreams back when it was smart and honest.

OldDem2012

(3,526 posts)
29. So, people who offered differing opinions are "pompous asshats"? Really??.....
Thu Mar 7, 2013, 03:51 PM
Mar 2013

...Take a closer look at the latest answer from Holder and tell me the Government's definition of combatant, and then tell me how that answer will actually limit the use of drones in the US against American citizens if the Government deems it necessary.

For example...

A US citizen is sitting in a cafe sipping coffee and munching on a bagel while talking on a cell phone. His conversation is randomly intercepted because of his use of several key words used by terrorists and he is immediately suspected to be coordinating a terrorist attack. A drone strike is carried out killing the cell phone wielding suspected terrorist, 17 other customers, 6 employees, and the owner. Shops on either side of the cafe are damaged as well as vehicles on the street. 35 additional people are injured by flying debris.

The Government claims the US citizen was an enemy combatant because he was suspected of coordinating a terrorist attack. He didn't wear a uniform of any kind, and he didn't carry a weapon.

So, what definition of the word combatant will the Government use in this case? Is the Government covered or not covered by the latest explanation given by Holder?

onenote

(42,694 posts)
38. where did Holder use the word "combatant"?
Thu Mar 7, 2013, 04:10 PM
Mar 2013

He said "engaged in combat". Now, like every other word that Holder or anyone else could use, one can claim that it doesn't necessarily mean what most people would take it to mean.

So, I ask you, what word or words would you use to the following question: "Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil?"

OldDem2012

(3,526 posts)
25. Oh, but wait! We'll now have to debate the definition of the word "combatant"....
Thu Mar 7, 2013, 03:35 PM
Mar 2013

....What exactly classifies a US citizen as being engaged in combat on American soil? Does the person have to be wearing a non-US uniform to be considered a combatant? What if he or she is wearing a US military uniform? Can the person be in plainclothes? Does the person have to be carrying a weapon? What if he or she appears to be giving instructions via cell phone for a terrorist attack?

So many questions.

Recursion

(56,582 posts)
32. All interesting questions, but I'm satisfied in the main
Thu Mar 7, 2013, 03:53 PM
Mar 2013

He acknowledges there is a legal rather than policy limit to the use of deadly force. The lawyers can hash out where exactly that limit is.

 

AnotherMcIntosh

(11,064 posts)
78. Hopefully, someone other than people attending a wedding party.
Thu Mar 7, 2013, 05:26 PM
Mar 2013

In Afghanistan, however, no need to be concerned about that. Apparently the philosophy is "Let God sort them out."

creeksneakers2

(7,473 posts)
89. The same way cops make a judgement
Fri Mar 8, 2013, 12:40 AM
Mar 2013

If there is sufficient threat and no alternative exists then deadly force can be used.

 

JaneyVee

(19,877 posts)
42. Rand Paul wound up using the 13hr filibuster to raise political contributions and now says he will
Thu Mar 7, 2013, 04:30 PM
Mar 2013

vote for Brennan. He said he is more than satisfied with administrations response.

 

randome

(34,845 posts)
64. A mere 13 hour filibuster? That was nothing but posturing. So much for Rand's sense of morals.
Thu Mar 7, 2013, 04:55 PM
Mar 2013

And Holder said nothing substantially different from what he previously said so Rand's 'satisfaction' is fake, as well.

colsohlibgal

(5,275 posts)
41. TY Rand Paul
Thu Mar 7, 2013, 04:29 PM
Mar 2013

Just like his dad most of the things he stands for are weird, dangerous, and wrong but libertarian types do intersect with we lefties on some things, primarily on the military industrial complex and marijuana. I commend him on doing this. Sometimes politics create strange bedfellows.

Oh and where were the liberal dems other than Wyden?

 

JaneyVee

(19,877 posts)
51. The other liberal dems were probably of the mindset that droning someone sitting in a cafe on US
Thu Mar 7, 2013, 04:33 PM
Mar 2013

soil sounds like some paranoid conspiracy theory that would never occur because we have SWAT, FBI, ATF, & Police officers to carry out arrest scenario's.

 

geek tragedy

(68,868 posts)
48. Oy, and away we go. People can play the "what do you mean by that" game
Thu Mar 7, 2013, 04:32 PM
Mar 2013

with any conceivable language the administration uses.

 

randome

(34,845 posts)
63. All this wasted time and effort trying to define the words. Screw that.
Thu Mar 7, 2013, 04:52 PM
Mar 2013

Give the process oversight and review and we should be done with it. If Congress was doing it's job, it would propose legislation instead of standing in the spotlight and whining about it.

 

OnyxCollie

(9,958 posts)
73. Joe Biden called Julian Assange a high-tech terrorist.
Thu Mar 7, 2013, 05:17 PM
Mar 2013

Sounds like WikiLeaks is "engaged in combat."

 

OnyxCollie

(9,958 posts)
74. The Obama administration considers all males of military age to be "suspected militants"
Thu Mar 7, 2013, 05:19 PM
Mar 2013

unless exculpatory evidence shows otherwise.

 

randome

(34,845 posts)
77. Sure, just make stuff up if it helps you.
Thu Mar 7, 2013, 05:22 PM
Mar 2013

Nothing the administration says will satisfy everyone. The points raised in this thread are valid ones.

 

OnyxCollie

(9,958 posts)
86. Sorry to interrupt your delusions.
Thu Mar 7, 2013, 11:52 PM
Mar 2013

HEADLINES JULY 24, 2012
http://www.democracynow.org/2012/7/24/headlines#7241

U.S. Drone Strike Kills 9 in Pakistan

At least nine people have been killed in a U.S. drone strike in northwest Pakistan. Pakistani officials say the victims were suspected militants, but the Obama administration’s policy is to deem all adult-male drone targets as militants unless exculpatory evidence emerges after their deaths

You may now return to your fantasy land in the BOG.

 

randome

(34,845 posts)
93. Well, the OP was about on U.S. soil so I took your post in that context.
Fri Mar 8, 2013, 12:11 PM
Mar 2013

And saying that 'all adult-male drone targets' are deemed militants is not quite the same as saying that 'all adult males ARE drone targets'.

The difference is that the ones being targeted have already been identified as the enemy. We can debate about whether this is effective warfare or even if we should be conducting operations in Pakistan at all but the military does NOT deem every adult male in Pakistan as a target.

 

OnyxCollie

(9,958 posts)
94. "The difference is that the ones being targeted have already been identified as the enemy"
Fri Mar 8, 2013, 12:55 PM
Mar 2013

The confidence of your statement does not reflect on reality.

Living Under Drones: Death, Injury and Trauma to Civilians from US Drone Practices in Pakistan
http://livingunderdrones.org/report/

First, while civilian casualties are rarely acknowledged by the US government, there is significant evidence that US drone strikes have injured and killed civilians. In public statements, the US states that there have been “no” or “single digit” civilian casualties.”(2) It is difficult to obtain data on strike casualties because of US efforts to shield the drone program from democratic accountability, compounded by the obstacles to independent investigation of strikes in North Waziristan. The best currently available public aggregate data on drone strikes are provided by The Bureau of Investigative Journalism (TBIJ), an independent journalist organization. TBIJ reports that from June 2004 through mid-September 2012, available data indicate that drone strikes killed 2,562-3,325 people in Pakistan, of whom 474-881 were civilians, including 176 children.(3) TBIJ reports that these strikes also injured an additional 1,228-1,362 individuals. Where media accounts do report civilian casualties, rarely is any information provided about the victims or the communities they leave behind. This report includes the harrowing narratives of many survivors, witnesses, and family members who provided evidence of civilian injuries and deaths in drone strikes to our research team. It also presents detailed accounts of three separate strikes, for which there is evidence of civilian deaths and injuries, including a March 2011 strike on a meeting of tribal elders that killed some 40 individuals.

Second, US drone strike policies cause considerable and under-accounted-for harm to the daily lives of ordinary civilians, beyond death and physical injury. Drones hover twenty-four hours a day over communities in northwest Pakistan, striking homes, vehicles, and public spaces without warning. Their presence terrorizes men, women, and children, giving rise to anxiety and psychological trauma among civilian communities. Those living under drones have to face the constant worry that a deadly strike may be fired at any moment, and the knowledge that they are powerless to protect themselves. These fears have affected behavior. The US practice of striking one area multiple times, and evidence that it has killed rescuers, makes both community members and humanitarian workers afraid or unwilling to assist injured victims. Some community members shy away from gathering in groups, including important tribal dispute-resolution bodies, out of fear that they may attract the attention of drone operators. Some parents choose to keep their children home, and children injured or traumatized by strikes have dropped out of school. Waziris told our researchers that the strikes have undermined cultural and religious practices related to burial, and made family members afraid to attend funerals. In addition, families who lost loved ones or their homes in drone strikes now struggle to support themselves.

Third, publicly available evidence that the strikes have made the US safer overall is ambiguous at best. The strikes have certainly killed alleged combatants and disrupted armed actor networks. However, serious concerns about the efficacy and counter-productive nature of drone strikes have been raised. The number of “high-level” targets killed as a percentage of total casualties is extremely low—estimated at just 2%.(4) Furthermore, evidence suggests that US strikes have facilitated recruitment to violent non-state armed groups, and motivated further violent attacks. As the New York Times has reported, “drones have replaced Guantánamo as the recruiting tool of choice for militants.”(5) Drone strikes have also soured many Pakistanis on cooperation with the US and undermined US-Pakistani rel­ations. One major study shows that 74% of Pakistanis now consider the US an enemy.(6)

Fourth, current US targeted killings and drone strike practices undermine respect for the rule of law and international legal protections and may set dangerous precedents. This report casts doubt on the legality of strikes on individuals or groups not linked to the terrorist attacks of September 11, 2011, and who do not pose imminent threats to the US. The US government’s failure to ensure basic transparency and accountability in its targeted killing policies, to provide necessary details about its targeted killing program, or adequately to set out the legal factors involved in decisions to strike hinders necessary democratic debate about a key aspect of US foreign and national security policy. US practices may also facilitate recourse to lethal force around the globe by establishing dangerous precedents for other governments. As drone manufacturers and officials successfully reduce export control barriers, and as more countries develop lethal drone technologies, these risks increase.


Sadaullah Wazir, teenager, former student from the village of Machi Khel in Mir Ali, North Waziristan, was severely injured in a September 2009 drone strike on his grandfather’s home.(1) Sadaullah has filed a complaint before the UN Human Rights Council.(2)

“Before the drone strikes started, my life was very good. I used to go to school and I used to be quite busy with that, but after the drone strikes, I stopped going to school now. I was happy because I thought I would become a doctor.” Sadaullah recalled, “Two missiles (were) fired at our hujra and three people died. My cousin and I were injured. We didn’t hear the missile at all and then it was there.” He further explained, “(The last thing I remembered was that) we had just broken our fast where we had eaten and just prayed. . . .We were having tea and just eating a bit and then there were missiles. . . . When I gained consciousness, there was a bandage on my eye. I didn’t know what had happened to my eye and I could only see from one.” Sadaullah lost both of his legs and one of his eyes in the attack. He informed us, “Before (the strike), my life was normal and very good because I could go anywhere and do anything. But now I am not able to do that because I have to stay inside. . . . Sometimes I have really bad headaches. . . . (and) if I walk too much (on my prosthetic legs), my legs hurt a lot. (Drones have) drastically affected life (in our area).”


Medea Benjamin: Drone Warfare: Killing By Remote Control (August 6, 2012) Pirate TV Seattle
http://archive.org/details/scm-90762-medeabenjamindronewarfarekilli


If you want to know how the administration will respond to to someone "engaged in combat" on American soil, you might want to read what John Yoo wrote.

Authority for Use of Military Force to Combat Terrorist Activities Within the United States
http://media.npr.org/documents/2009/mar/dojmemo_force.pdf

We believe that Article II of the Constitution, which vests the President with the power to
respond to emergency threats to the national security, directly authorizes use of the Armed
Forces in domestic operations against terrorists.
Although the exercise of such authority usually
has concerned the use of force abroad, there have been cases, from the 1794 Whiskey Rebellion
on,5 in which the President has deployed military force within the United States against armed
forces operating domestically. During the Civil War and the War of 1812, federal troops fought
enemy armies operating within the continental United Stales. On other occasions, the President
has used military force within the United States against Indian tribes and bands. In yet other
circumstances, the Armed Forces have been used to counter resistance to federal court orders, to
protect the officials, agents, property or instrumentalities of the federal Government, or to ensure
that federal governmental functions can be safely performed.6 We believe that the text, structure,
and history of the Constitution, in light of its executive, legislative, and judicial interpretation,
clearly supports deployment of the military domestically, as well as abroad, to respond to attacks
on the United States.


~snip~

Because the scale of the violence involved in this conflict removes it from the
sphere of operations designed to enforce the criminal laws, legal and constitutional rules
regulating law enforcement activity are not applicable, or at least not mechanically so. As a
result, the uses of force contemplated in this conflict are unlike those that have occurred in
America's other recent wars. Such uses might include, for example, targeting and destroying a
hijacked civilian aircraft in circumstances indicating that hijackers intended to crash the aircraft into
a populated area; deploying troops and military equipment to monitor and control the flow of
traffic into a city; attacking civilian targets, such as apartment buildings, offices, or ships where
suspected terrorists were thought to be; and employing electronic surveillance methods more
powerful and sophisticated than those available to law enforcement agencies.
These military
operations, taken as they may be on United States soil, and involving as they might American
citizens, raise novel and difficult questions of constitutional law.


Obama Administration Says President Can Use Lethal Force Against Americans on US Soil
http://www.motherjones.com/mojo/2013/03/obama-admin-says-it-can-use-lethal-force-against-americans-us-soil

Yes, the president does have the authority to use military force against American citizens on US soil—but only in "an extraordinary circumstance," Attorney General Eric Holder said in a letter to Senator Rand Paul (R-Ky.) Tuesday.

"The U.S. Attorney General's refusal to rule out the possibility of drone strikes on American citizens and on American soil is more than frightening," Paul said Tuesday. "It is an affront the constitutional due process rights of all Americans."

Last month, Paul threatened to filibuster the nomination of John Brennan, Obama's pick to head the CIA, "until he answers the question of whether or not the President can kill American citizens through the drone strike program on U.S. soil." Tuesday, Brennan told Paul that "the agency I have been nominated to lead does not conduct lethal operations inside the United States—nor does it have any authority to do so." Brennan said that the Justice Department would answer Paul's question about whether Americans could be targeted for lethal strikes on US soil.

Holder's answer was more detailed, however, stating that under certain circumstances, the president would have the authority to order lethal attacks on American citizens. The two possible examples of such "extraordinary" circumstances were the attack on Pearl Harbor and the 9/11 terrorist attacks. An American president order the use of lethal military force inside the US is "entirely hypothetical, unlikely to occur, and one we hope no president will ever have to confront," Holder wrote.

Agnosticsherbet

(11,619 posts)
46. But an American engaged in combat on America Soil can be blown away...
Thu Mar 7, 2013, 04:31 PM
Mar 2013

with zestful abandon by any weaponized drone flying in the unfriendly skies.

Agnosticsherbet

(11,619 posts)
62. It opens the way to treat any criminal act as an act of war...
Thu Mar 7, 2013, 04:51 PM
Mar 2013

in order to evade the rule of law.

Even criminals involved in an act of violence, in the commission of a crime, have rights. If they can not be captured by police authorities because they resist arrest with violence, that is one thing. Blowing them away with a drone should not be allowed, even if they are "terrorists" involved in an act of terror.

Now, if the U.S. is invaded by a foreign military force, let them drones fly. But if some guy is building a bomb in his basement, he should be arrested and tried, not executed from on high.

Agnosticsherbet

(11,619 posts)
68. You know that how?
Thu Mar 7, 2013, 05:06 PM
Mar 2013

What is the legal definition of "engaged in combat."

In the 1997, two heavily armored and armed bank robbers fought 400 police officers through the streets of LA. Now, was that engaged in combat or a criminal act? A circling drone could have taken them down, no muss, no fuss.



Where do you draw the line?

Short of an invasion by a foreign military, we should not use drones on U.S. streets. A criminal act is a criminal act whether the motive is terror or money.

 

geek tragedy

(68,868 posts)
70. That would violate Posse Comitatus, unless the violence rose to the level
Thu Mar 7, 2013, 05:12 PM
Mar 2013

of an insurrection.

The state can mobilize that national guard as an intermediate step.

Honestly, the plight of heavily armed gunman engaged in massive gunfights is not a civil liberties concern to me.

Lint Head

(15,064 posts)
49. But the police can shoot at potential criminals. What's the difference between that and killing with
Thu Mar 7, 2013, 04:33 PM
Mar 2013

a police drone? Metropolitan police departments are considering their use. I'm not aware of cops ever shooting from helicopters but I'm would imagine it has happened.

Agnosticsherbet

(11,619 posts)
67. The police need probable cause...
Thu Mar 7, 2013, 04:59 PM
Mar 2013

and deadly force has legal limits

They can not just shoot jaywalkers or some guy over there becuse he is wearing a turban and looks suspicious.

Combat is defined by rules of engagement and not probable cause. Should a "terrorist" making a bomb in his basement be treated like an enemy combatant who can be shot on sight or as a criminal where arrest must be attempted?

Shot of a full scale invasion by a foreign military, I think that people engaged in criminal acts on U.S. streets, even if those acts are terrorism, should be treated as criminals not as military targets.

Agnosticsherbet

(11,619 posts)
80. Drones do not dogfight, and don't shoot down aircraft...
Thu Mar 7, 2013, 05:46 PM
Mar 2013

Drones engage targets on the ground.

In such a case, they would scramble an Air Force Jet flown by a pilot and ask Dick Cheney, or his replacement for permission to fire.

It isn't the clear cut cases I have a problem with. A military invasion or a legitimate hijacking are clear cases. I can honestly say I would not want to be the man ordering airliner shot down or the pilot that launched the missile. But that is a very clear act, though not one in which a drone would be of much use.

What about the Liberty City Seven? So much easier and cheaper to blow their asses away than to arrest and try them.

As a veteran, engaged in combat has a real meaning to me. What I want to know is what they mean by engaged in combat. Could the target be planning a terrorist attack, a member of an active terrorist organization, or just Joe Schmo pissed off at the world. Must they be firing a gun, or just thinking about it. Would the danger to people be imminent or next week sometime. When I was in combat and ordered to take an objective, it was not necessary to ask for surrender, and my enemies only right was to run up a white flag or surrender to the physics of a high speed metal projectile. They enemy was not guilty of anything except being on the other side. He was not engaged in a crime. We were on opposite sides of a war. I had exactly those same rights.

A military target "engaged in combat" (whatever that means) has no Constitutional Rights. A drone can not ask him to surrender, put down his arms, or discuss the relative merits of Maoist Philosophy, Jeffersonian Democracy, and Sharia Law. Most likely he will never know it is there. One minute, a living breathing human being, and the next a feast for worms.

 

geek tragedy

(68,868 posts)
83. The DOJ memos don't allow kilings of US citizens on foreign soil if capture would be possible.
Thu Mar 7, 2013, 06:04 PM
Mar 2013

Combine that with posse comitatus and the "engaged in combat" language here, it's pretty clear that it would take a really tortured stretch to authorize the US military to intervene in a law enforcement scenario here.

So much so, that any administration pursuing it would not care about the law to begin with.

xocet

(3,871 posts)
81. Here is a recent example of such an incident...
Thu Mar 7, 2013, 05:59 PM
Mar 2013
Texas trooper in chopper shoots, kills 2 suspected illegal immigrants
By Molly Hennessy-Fiske
October 26, 2012, 2:47 p.m.

HOUSTON -- Two people were killed in Texas’s Rio Grande Valley after a state trooper flying in a highway patrol helicopter opened fire on a fleeing pickup authorities thought was smuggling drugs, officials said.

No drugs were found inside the truck. Troopers found three people shot inside the truck, two of them dead. The third person was hospitalized and seven others were taken into custody, including one who initially fled, according to the statement. All the passengers and the injured person are suspected to be illegal immigrants, officials said Friday. They did not release the identities of those killed.

...

The Department of Public Safety has a fleet of 16 helicopters and eight airplanes. They respond to various law enforcement support requests including pursuits, manhunts, search and rescue, disaster relief, surveillance, aerial photography, criminal transport, domestic marijuana eradication and border security operations.

The agency has increased the number of troopers patrolling the border in recent years as violence has surged in northern Mexico. They patrol by land, by armored boat on the Rio Grande and by air in helicopters where marksmen armed with powerful rifles scan the terrain for suspects.

...

http://www.latimes.com/news/nation/nationnow/la-na-nn-texas-helicopter-shooting-20121026,0,6104028.story

ecstatic

(32,685 posts)
75. What about burning down cabins to kill suspects?
Thu Mar 7, 2013, 05:20 PM
Mar 2013
I'm actually more concerned with the power that police departments seem to have.

LynnTTT

(362 posts)
79. Next question; Define "combat"?
Thu Mar 7, 2013, 05:37 PM
Mar 2013

Rand; well, who gets to decide what combat means? Do you mean any person with a gun? How do we know you won't send a drone strike against a band of militia who are peacefully having a rally in Idaho? Or maybe just building a harmless weapon in their back yard?"

He'll never give up.

tularetom

(23,664 posts)
82. Yet again the president is poorly served by AG Holder
Thu Mar 7, 2013, 06:01 PM
Mar 2013

It's easy to see what happened here. Holder read the correspondence from Paul and rightly suspected he was being set up so he responded in an ambiguous, weaselly, lawyerly fashion. Paul was of course able to spot the ambiguity which gave him an opportunity to exercise his republican right of fake outrage.

Once Holder realized that he had been fooled he issued an amended response which stated the same thing in a straightforward manner. Of course by then the damage had been done and Paul had grandstanded his earlier response into headlines and campaign donations. And negative publicity for the administration by a media eager to pile on.

I've said it before. Obama's failure to get rid of this douchebag is going to come back to bite him in the ass big time.

 

Coyotl

(15,262 posts)
92. Parsing the question and the answer does not work for me.
Fri Mar 8, 2013, 12:05 PM
Mar 2013

The real question is, "Can Obama kill me?" or will I just be tortured and indefinitely detained again?

treestar

(82,383 posts)
95. Enough of this fuckin' false issue
Fri Mar 8, 2013, 12:57 PM
Mar 2013

It is meant to divide and conquer.

The President can use any means to defend us, as we demanded when we claimed Bush was not competent or part of LIHOP or MIHOP when jets were not scrambled in a timely fashion on 911.

 

blkmusclmachine

(16,149 posts)
97. Oh, how vy unbipartisan of the AG to claim the Prez can't blow you up for the f/ck of it.
Fri Mar 8, 2013, 10:47 PM
Mar 2013

The Prez will get what he wants. Whatever that is.

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