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I almost can't believe I'm writing this, but yesterday the ACLU and the Center for Constitutional Rights received a license that allows them to sue the government -- for ordering the assassination of a U.S. citizen, away from the field of combat, without due process of any kind:

“The license issued by OFAC today will allow us to pursue our litigation relating to the government’s asserted authority to engage in targeted killings of American civilians without due process. While we appreciate OFAC’s quick response to our lawsuit, we continue to believe that OFAC’s regulations are unconstitutional because they require lawyers who are providing uncompensated legal representation to seek the government’s permission before challenging the constitutionality of the government’s conduct. Notably, OFAC has indicated that the license issued to us today can be revoked at any time. We will pursue our claim that OFAC’s attorney-licensing regulations are unconstitutional and should be invalidated.”

Glenn Greenwald wrote about this back in January, and specifically about Anwar al-Aulaqi, the U.S. citizen targeted by this order:

Obviously, if U.S. forces are fighting on an actual battlefield, then they (like everyone else) have the right to kill combatants actively fighting against them, including American citizens. That's just the essence of war. That's why it's permissible to kill a combatant engaged on a real battlefield in a war zone but not, say, torture them once they're captured and helplessly detained.

But combat is not what we're talking about here. The people on this "hit list" are likely to be killed while at home, sleeping in their bed, driving in a car with friends or family, or engaged in a whole array of other activities. More critically still, the Obama administration -- like the Bush administration before it -- defines the "battlefield" as the entire world.

So the President claims the power to order U.S. citizens killed anywhere in the world, while engaged even in the most benign activities carried out far away from any actual battlefield, based solely on his say-so and with no judicial oversight or other checks. That's quite a power for an American President to claim for himself.

As we well know from the last eight years, the authoritarians among us in both parties will, by definition, reflexively justify this conduct by insisting that the assassination targets are Terrorists and therefore deserve death. What they actually mean, however, is that the U.S. Government has accused them of being Terrorists, which (except in the mind of an authoritarian) is not the same thing as being a Terrorist. Numerous Guantanamo detainees accused by the U.S. Government of being Terrorists have turned out to be completely innocent, and the vast majority of federal judges who provided habeas review to detainees have found an almost complete lack of evidence to justify the accusations against them, and thus ordered them released. That includes scores of detainees held while the U.S. Government insisted that only the "Worst of the Worst" remained at the camp.

No evidence should be required for rational people to avoid assuming that Government accusations are inherently true, but for those do need it, there is a mountain of evidence proving that. And in this case, Anwar Aulaqi -- who, despite his name and religion, is every bit as much of an American citizen as Scott Brown and his daughters are -- has a family who vigorously denies that he is a Terrorist and is "pleading" with the U.S. Government not to murder their American son:

His anguish apparent, the father of Anwar al-Awlaki told CNN that his son is not a member of al Qaeda and is not hiding out with terrorists in southern Yemen."I am now afraid of what they will do with my son, he's not Osama Bin Laden, they want to make something out of him that he's not," said Dr. Nasser al-Awlaki, the father of American-born Islamic cleric Anwar al-Awlaki. . . ."I will do my best to convince my son to do this (surrender), to come back but they are not giving me time, they want to kill my son.

How can the American government kill one of their own citizens? This is a legal issue that needs to be answered," he said."If they give me time I can have some contact with my son but the problem is they are not giving me time," he said.

Who knows what the truth is here? That's why we have what are called "trials" -- or at least some process -- before we assume that government accusations are true and then mete out punishment accordingly. As Marcy Wheeler notes, the U.S. Government has not only repeatedly made false accusations of Terrorism against foreign nationals in the past, but against U.S. citizens as well. She observes: "I guess the tenuousness of those ties don’t really matter, when the President can dial up the assassination of an American citizen."

This isn't a case of bleeding heart liberals being conned; everyone's aware that Anwar Al-Awlaki is a pretty dangerous individual who calls for jihad against Americans. But he's also a U.S. citizen, and deserves at least as much from the legal process as someone who holds up a bank.

That's what's supposed to make us different.



Thiessen: Let's Treat WikiLeaks Like Terrorists

SHORTER Marc Thiessen: "We need Obama to use the CheneyBush national security toolchest to put a hit out on WikiLeaks founder Julian Assange. It's the only responsible thing to do."

Marc Thiessen is furious, simply furious that the Obama adminstration hasn't put Julian Assange on the top of the "Most Wanted" list. In his WaPo op-ed, he calls for the full force of the federal government to stop Assange - a "clear and present danger to the national security of the United States" - before he kills again.

Assange claims to be in possession of 15,000 even more sensitive documents, which he is reportedly preparing to release. On Sunday, Defense Secretary Robert M. Gates told ABC News that Assange had a "moral culpability" for the harm he has caused. Well, the Obama administration has a moral responsibility to stop him from wreaking even more damage.

Assange is a non-U.S. citizen operating outside the territory of the United States. This means the government has a wide range of options for dealing with him. It can employ not only law enforcement but also intelligence and military assets to bring Assange to justice and put his criminal syndicate out of business.
---------
Arresting Assange would be a major blow to his organization. But taking him off the streets is not enough; we must also recover the documents he unlawfully possesses and disable the system he has built to illegally disseminate classified information.

Chalk this up as another screeching editoral by the community of people who still believe that there was nothing wrong with how the CheneyBush administration ran the country's security infrastructure. Despite losing elections in 2006 and 2008, they still think that the only way to run the federal government is by unilaterally strong-arming other nations, evesdropping on US citizens, and rewriting the Constitution.

But as much as Thiessen reveals himself to be a foaming-at-the-mouth lunatic, you have to wonder if there are any limits in place at the Washington Post for conservative pundits. Obviously there are not.



You go, girls.

Jodie Evans: You outed a CIA officer, you lied to take us to Iraq. You ruined the country. You totally ruined the country.

Wonkette:

Fancy book-author Karl Rove went to Beverly Hills last night to take questions about his very very gay dad. But then Code Pink showed up to make a citizen’s arrest, and Karl had no security! Was he able to beat up these ladies good? Also, someone brings up the Downing Street Memo, which Rove calls a fabrication — just like in 2005!

Lying us into a war is the kinda thing that can get people a tad bit upset. Does Rove really think he's going to be welcomed at book events like he is with Jay Leno or on FOX News? Poor Michele Malkin was shaken to her core over the event. I'd figure it would just roll off her back since she stalks children and family's like Graeme Frost because she disagrees on a policy level. Hey, she even goes to their homes for a little chat.

UPDATE: TP commenter Mr. Ed notes that Malkin visited the Frost’s home and business today. A coworker of Mr. Frost tells Malkin that the family is “struggling,” but she refuses to believe it.

Jane Hall was on FOX and was shocked that the right wingers attacked a 12 year old boy.

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Jane Hall on the Frost family: Right Wing bloggers swiftboated a 12-year old boy!"

Malkin and her kind are shocked that Rove would be confronted by the very un-scary Code Pink, but takes pride in stalking children. Nice.

Also read: Malkin Debases Herself With Further Attacks On A 12 Year Old. C&L Exclusive Quote!

They can sure dish it out, but they can't take even a light little pink-colored whiff of it.



Active Duty Generals and Politics Don't Mix

Lt_Gen_Benjamin_R_Mixon

This is a lesson that LTG Benjamin Mixon, commander of US Army Pacific (USARPAC), should not have had to be told. It's one thing to be a conservative-minded knuckle-dragger like USMC General James Conway and say, my personal opinion is that I don't like gays. It's entirely another thing to use one's command influence to encourage others to support your position and to print that statement in the Stars and Stripes.

The recent commentaries on the adverse effects of repeal of the "don’t ask, don’t tell" policy were insightful.

It is often stated that most servicemembers are in favor of repealing the policy. I do not believe that is accurate. I suspect many servicemembers, their families, veterans and citizens are wondering what to do to stop this ill-advised repeal of a policy that has achieved a balance between a citizen’s desire to serve and acceptable conduct.

Now is the time to write your elected officials and chain of command and express your views. If those of us who are in favor of retaining the current policy do not speak up, there is no chance to retain the current policy.

Amazingly, SecDef Bob Gates really didn't find this advice as helpful.

Gates and [ADM Mike] Mullen denounced Mixon’s letter during a Pentagon press conference.

“I think that for an active duty officer to comment on an issue like this is inappropriate,” said Gates.

"I feel the same way and actually it is being addressed inside the chain of command in the Army,” Mullen added. “I’ve spoken specifically to [U.S. Army chief of staff] Gen. George W. Casey, Jr., about this. And Gen. Mixon specifically is – the issue is being addressed with him."

Mixon, reached via email Thursday, would not comment on the matter. "You will have to address all your questions to Army (public affairs)," he said.

This was a bone-headed statement from a general officer who should have found a better way to leave active duty service. The conservative bloggers have already started blaming Gates and Mullen as the villains in this drama, and no doubt more claims of the DOD favoring "political correctness" over the morale of our troops will surface. But the short of it is this - no one in the Pentagon cares if you support or don't support gays being allowed to serve in the military (for the record, I do). You don't, however, contradict the Secretary of Defense and the Chairman of the Joint Chiefs of Staff in a public forum on a politically radioactive topic such as this. Although Mixon had a strong professional career and was (one can guess) a smart officer, for some reason he made a really bad decision here. You can expect LTG Mixon's notice of resignation any time soon, I would expect.



Close Guantánamo, But Close it the Right Way

Friday marked the one-year anniversary of President Obama signing an executive order to close the detention center at Guantánamo Bay. We were all cheered and encouraged by this bold move on the president’s second full day in office — it signaled he was ready to make a clean break from the Bush administration's unlawful and shameful detention policies.

But when the Obama administration finally does close Guantánamo, it's vital that the administration also puts an end to the policy of detaining prisoners without charge or trial. Indefinite detention is one of the practices that's made Gitmo a disgrace in the eyes of the rest of the world.

Late last year, we debuted a video that included interviews with five former Guantánamo detainees.

Last week we released four break-out videos featuring the same five men telling their stories in more depth: They talk about their lives before ending up in U.S. custody, their experiences at Guantánamo and other U.S.-run detention facilities, and how they've pieced their lives back together after Gitmo. All of the men featured in our video series, like hundreds of others who were held for years at Guantánamo, were eventually released without any charge.

British citizen Moazzam Begg was in Afghanistan, working to open a school for girls, when he was captured. He says in the video: "My experience of America prior to this was everything I had seen in the films: the concept of the good guys, the concept of people trying to do the right thing. And that was shattered."

Bisher al-Rawi was captured in Gambia, where he hoped to open a peanut factory with his brother.

Omar Deghayes was detained at Guantánamo for six years. He was blinded in his right eye after a Gitmo prison guard jabbed him in the face with his fingers.

Childhood friends Shafiq Rasul and Ruhal Ahmed are two of the "Tipton Three," the subjects of the documentary Road to Guantánamo. They traveled to Afghanistan after attending a friend’s wedding in Pakistan, and were captured there. They both spent 2 ½ years detained by the U.S.

More than 700 men have been detained at Guantánamo since it opened eight years ago; 198 remain. Most of them could tell similar stories about their years-long detention.

To close Gitmo properly, the remaining detainees must either be released, or charged and tried in federal courts, which are better-equipped to handle these cases than the unconstitutional military commissions. Consider the military commissions' track record: A grand total of three cases have been completed since Guantánamo opened as a detention facility in January 2002. Federal courts, on the other hand, have successfully tried more than 200 terrorism cases, including those of the “Blind Sheik” Omar Abdel-Rahman for his role in the 1993 bombing of the World Trade Center, “shoe-bomber” Richard Reid, and Zacarias Moussoui for conspiring in the 9/11 attacks. The so-called underwear bomber, Abdul Farouk Abdulmutallab, was arraigned in federal court on terrorism charges 14 days after he tried to blow up an airplane. In contrast, most detainees at Guantánamo have languished there for years, without charges brought against them and no end to their detention in sight.

Of those detainees who remain at Guantánamo, Bisher al-Rawi says: "If the U.S. thinks somebody is a criminal, that’s fine. Take him to court and let him have his day in court…either you release people or give them justice, true justice, with no deception, no lies."



If you want to see who the real corporatists are then wait until they are put to the test over the Citizen's United ruling. Conservatives have been trying to destroy any type of campaign finance reforms and what this ruling means is that corporations will be allowed to blackmail any candidate just by threatening to spend gobs of money against them if they vote the wrong way.

Alan Grayson's petition says it all.

At any moment, the Supreme Court will announce whether it will allow corporations to spend unlimited funds on political campaigns.

Sign my petition to the Supreme Court now, and tell them to keep unlimited corporate spending out of our federal elections. PETITION TEXT

Unlimited corporate spending on campaigns means the government is up for sale and that the law itself will be bought and sold. It would be political bribery on the largest scale imaginable.

This issue transcends partisan political arguments. We cannot have a government that is bought and paid for by huge multinational corporations. You must stop this.

Click here to sign.



Mike's Blog Roundup

Newshoggers: Even the brain dead can have a pulse

The Hillman Foundation: TIME magazine loves Glenn Beck (again)

Bay Area Houston: Congressman Pete Olson gets called out, police called in

A Tiny Revolution: Welcome Back, Potter

Public Citizen: Forced Arbitration: Unfair and Everywhere

Troubletown: Like an old Sidney Poitier movie



Open Thread

And in case you haven't heard, Katy Abram is interviewed here by Lawrence O'Donnell (okay, I gave it a lil' Blue Gal treatment hee hee) as if she is 'aw, shucks' an average citizen who was just awakened to politics by the socialism of health care reform. She is actually a Glenn Beck 9-12 Organizer who has been involved/"interested" in politics since at least the GOP loss of the 2006 Congressional elections.



So we'll see. It's quite a mess we've created over there, and this is only the first step on the long road back to anything approaching normal:

BAGHDAD, June 30 -- This is no longer America's war.

Iraqis danced in the streets and set off fireworks Monday in impromptu celebrations of a pivotal moment in their nation's troubled history: Six years and three months after the March 2003 invasion, the United States on Tuesday is withdrawing its remaining combat troops from Iraq's cities and turning over security to Iraqi police and soldiers.

While more than 130,000 U.S. troops remain in the country, patrols by heavily armed soldiers in hulking vehicles as of Wednesday will largely disappear from Baghdad, Mosul and Iraq's other urban centers.

"The Army of the U.S. is out of my country," said Ibrahim Algurabi, 34, a dual U.S.-Iraqi citizen now living in Arizona who attended a concert of celebration in Baghdad's Zawra Park. "People are ready for this change. There are a lot of opportunities to rebuild our country, to forget the past and think about the future."

On Monday, as the withdrawal deadline loomed, four U.S. troops were killed in the Iraqi capital, the military announced Tuesday. No details about the deaths were provided. Another soldier was killed Sunday in a separate attack.

Some American troops have expressed concern about becoming more exposed after the withdrawal, because Iraqis will have unprecedented authority over U.S. military operations. U.S. commanders have said they were bracing for an uptick of attacks from extremist groups during the transition period, which occur almost daily, and will rely heavily on Iraq's security forces for protection in the months ahead.

The withdrawal has also created enormous fear and uncertainty among many Iraqis, who believe that the U.S. military pullback will open the door for insurgents to increase their attacks. On Monday, some normally congested streets were virtually deserted after dark, as Iraqis appeared to heed warnings of impending attacks by insurgents. But city streets were also largely empty of Humvees and U.S. troops.

Those Iraqis who ventured out were in the mood to party, celebrating a moment that the Iraqi government has said represents its return to full sovereignty.



Public Citizen

American businesses file four times as many lawsuits as do individuals represented by trial attorneys, and they are penalized by judges much more often for pursuing frivolous litigation, according to a report issued today by Public Citizen.

The survey of case filings in two states (Arkansas and Mississippi) and two local jurisdictions (Cook County, Ill., and Philadelphia, Pa.) in 2001 found that businesses were 3.3 to 5.8 times more likely to file lawsuits than were individuals. This comes as businesses and politicians are campaigning to limit citizens rights to sue over everything from malpractice damages to defective products. By way of comparison, the number of American consumers (281 million) outnumbers the number of businesses in America (7 million) 40 times. To read the report, click here.