The U.S. Constitution is Obsolete

The President had ordered assassinated without any due process, and one of those Americans was Anwar al-Awlaki.

Anwar al-Awlaki speaks in a video message Nov. 8, 2010 released by SITE Intelligence Group

(WEST KINGSTON R.I.) - The requirement that wars be declared by Congress was abandoned more than 60 years ago. The Bill of Rights was essentially repealed by FICA and the “Patriot Act.” It’s OK for a government agency to spy on Americans and seize items without a warrant. What Barack Obama has added is approval to assassinate American citizens without indictment, trial, arguments or a warrant. (It’s OK because his lawyers and most of Congress say it’s legal – just as Bush’s lawyers told him waterboarding was legal.) I don’t remember reading any of Glen Greenwald’s articles until this one. Please watch his interview on Democracy Now via the link at the bottom of this message.

http://www.readersupportednews.org/opinion2/287-124/7653-the-due-process-free-assassination-of-us-citizens

Excerpt: "After several unsuccessful efforts to assassinate its own citizen, the U.S. succeeded today (and it was the U.S.). It almost certainly was able to find and kill Awlaki with the help of its long-time close friend President Saleh, who took a little time off from murdering his own citizens to help the U.S. murder its. The U.S. thus transformed someone who was, at best, a marginal figure into a martyr, and again showed its true face to the world. The government and media search for The Next bin Laden has undoubtedly already commenced."

The Due-Process-Free Assassination of U.S. Citizens

By Glenn Greenwald, Salon

30 September 11

It was first reported in January of last year that the Obama administration had compiled a hit list of American citizens whom the President had ordered assassinated without any due process, and one of those Americans was Anwar al-Awlaki.  No effort was made to indict him for any crimes (despite a report last October that the Obama administration was "considering" indicting him).  Despite substantial doubt among Yemen experts about whether he even has any operational role in Al Qaeda, no evidence (as opposed to unverified government accusations) was presented of his guilt.  When Awlaki's father sought a court order barring Obama from killing his son, the DOJ argued, among other things, that such decisions were "state secrets" and thus beyond the scrutiny of the courts.  He was simply ordered killed by the President: his judge, jury and executioner.  When Awlaki's inclusion on President Obama's hit list was confirmed, The New York Times noted that "it is extremely rare, if not unprecedented, for an American to be approved for targeted killing."

After several unsuccessful efforts to assassinate its own citizen, the U.S. succeeded today (and it was the U.S.).  It almost certainly was able to find and kill Awlaki with the help of its long-time close friend President Saleh, who took a little time off from murdering his own citizens to help the U.S. murder its.  The U.S. thus transformed someone who was, at best, a marginal figure into a martyr, and again showed its true face to the world.  The government and media search for The Next bin Laden has undoubtedly already commenced.

What's most striking about this is not that the U.S. Government has seized and exercised exactly the power the Fifth Amendment was designed to bar ("No person shall be deprived of life without due process of law"), and did so in a way that almost certainly violates core First Amendment protections (questions that will now never be decided in a court of law). What's most amazing is that its citizens will not merely refrain from objecting, but will stand and cheer the U.S. Government's new power to assassinate their fellow citizens, far from any battlefield, literally without a shred of due process from the U.S. Government.  Many will celebrate the strong, decisive, Tough President's ability to eradicate the life of Anwar al-Awlaki -- including many who just so righteously condemned those Republican audience members as so terribly barbaric and crass for cheering Governor Perry's execution of scores of serial murderers and rapists -- criminals who were at least given a trial and appeals and the other trappings of due process before being killed.

From an authoritarian perspective, that's the genius of America's political culture.  It not only finds way to obliterate the most basic individual liberties designed to safeguard citizens from consummate abuses of power (such as extinguishing the lives of citizens without due process).  It actually gets its citizens to stand up and clap and even celebrate the destruction of those safeguards.

* * * * *

In the column I wrote on Wednesday regarding Wall Street protests, I mistakenly linked to a post discussing a New York Times article by Colin Moynihan as an example of a "condescending" media report about the protest.  There was nothing condescending or otherwise worthy of criticism in Moynihan's article; I meant to reference this NYT article by Ginia Bellafante.  My apologies to Moynihan, who rightly objected by email, for the mistake.

UPDATE: What amazes me most whenever I write about this topic is recalling how terribly upset so many Democrats pretended to be when Bush claimed the power merely to detain or even just eavesdrop on American citizens without due process.  Remember all that?  Yet now, here's Obama claiming the power not to detain or eavesdrop on citizens without due process, but to kill them; marvel at how the hardest-core White House loyalists now celebrate this and uncritically accept the same justifying rationale used by Bush/Cheney (this is war! the President says he was a Terrorist!) without even a moment of acknowledgment of the profound inconsistency or the deeply troubling implications of having a President -- even Barack Obama -- vested with the power to target U.S. citizens for murder with no due process.

Also, during the Bush years, civil libertarians who tried to convince conservatives to oppose that administration's radical excesses would often ask things like this: would you be comfortable having Hillary Clinton wield the power to spy on your calls or imprison you with no judicial reivew or oversight? So for you good progressives out there justifying this, I would ask this:  how would the power to assassinate U.S. citizens without due process look to you in the hands of, say, Rick Perry or Michele Bachmann?

I was on Democracy Now earlier this morning discussing the Awlaki assassination and presidential due-process-free killings:

http://www.democracynow.org/2011/9/30/with_death_of_anwar_al_awlaki

Rod Driver studied engineering and mathematics at the University of Minnesota, receiving a Ph.D. in mathematics in 1960. He worked at Sandia Laboratories in Albuquerque for six years before taking a teaching position at the University of Rhode Island for 30 years. Rod says he became a 'peacenik' in 1951 (thanks to a few weeks on Pariss Island). He became particularly active in opposition to U.S. wars in Indochina and U.S. involvement in overthrowing governments and supporting dictators in Latin America and Iran. As the Vietnam war was winding down Rod began paying attention to the abuse of Palestinians - enabled with U.S. weapons and dollars, which has never stopped. Rod is the founder and president of the non-profit Justice First Foundation.

In Rhode Island Rod was an elected delegate to the state constitutional convention of 1986, Then he was elected a state representative for 10 years. At this time he is not in office. You can write to Rod Driver at this address: rod@roddriver.com