Obama's licence to kill
Beyond the will of the electorate, is Obama's journey to the dark side complete?
This week has witnessed a remarkable turn of events as the Obama administration has been forced to release a legal finding that has, quite literally, granted the president the power of life and death over seemingly all humanity.
Whilst it has long been apparent that the U.S. was willing to engage in an increasingly robust use of drone strikes against an ever-increasing number of foreign-born targets, there was a sense that even Obama was bound by the Constitution that granted due process to American citizens.
However, this may no longer be the case, although one imagines that the Supreme Court may well end up issuing a ruling on the subject. In a document released by the Justice Department, a key right guaranteed to Americans appears to have been removed, provoking outrage, though not necessarily from the obvious location. Remarkably, the American right, not the left, is leading protests; the Libertarians, not the ACLU, which is telling in itself.
With drones being referred to by Senator Diane Feinstein as ‘the perfect assassination tool’ it is no surprise that their use has expanded rapidly as the White House seeks to reduce cost and increase efficiency, whilst simultaneously withdrawing troops and maintaining a credible posture against her perceived enemies throughout the world.
Indeed the evolution of drones parallels the evolution of Obama: What began as a rather benign platform designed merely to offer a surveillance tool has become the latest vehicle of devastation delivering death from the skies. Similarly, the man who campaigned as the anti-Bush in 2008 now appears to be determined to out-do his predecessor and comes equipped with an equally complicit Attorney General.
Much was made of the legal rulings relating to the prosecution of the war on terror issued by the Justice Department under George W. Bush. The findings of John Yoo came in for particular scrutiny. This week, however, has seen the release of a legal ruling that goes far beyond anything that was issued whilst George W. Bush was president.
In response to demands from Congress and in particular the filibuster by Rand Paul, Attorney General Eric Holder has released a letter detailing the president’s authority to use drone strikes against American citizens, potentially on American soil. This opens the possibility of drones to patrol American boarders, armed not only with surveillance equipment, but also with more lethal cargo designed to prevent further illegal immigration. Drones are already being used as surveillance tools so their development in this direction for domestic use is hardly a leap.
The issue speaks directly to a fundamental problem in regard to the relationship between the Justice Department and the White House. The president gets to appoint America’s chief law official, who then becomes beholden to the chief executive for his very livelihood. In the United States, officials serve at the pleasure of the president and whilst removing an Attorney General is not something a president would do lightly, it is hardly unheard of. The problems in this relationship become compounded when the president appoints a friend to the job, as is the case with Eric Holder, since it further blurs the boundaries of responsibility and accountability.
Throughout Obama’s first term, Holder was a lightening rod for opponents of the administration’s efforts to process the legal aspect of the war on terror. From closing the Guantanamo Bay prison facility to holding trials for those charged with terrorist activity, Holder was required to advise the president and on issue after issue ran into serious opposition from Congress that forced the administration to capitulate. That Holder survived the first term was nothing less than miraculous. That he retuned in the second term is even more remarkable.
Yet whatever controversies he thought he had faced in the first term will pale into insignificance compared to the firestorm that threatens to erupt over the legal finding released this week that appear to contradict the Eighth and Fourteenth Amendments to the Constitution. Holder’s subsequent efforts to walk back this position will only add to the confusion and again are reminiscent of his constant manoeuvring in the first term.
The legal wrangling affects not only American citizens but the wider international community and the attempted extension of United States’ laws into the international domain is an area for increasing concern. It has been extended to cover Canada in relation to pollution and with the expansion of drone bases in Africa, the seemingly unstoppable Americanisation of global justice continues apace.
The continuation of America’s epic struggle with the forces of political violence, over a decade after 9/11, presents a whole series of challenges to international law and to the international community. The world is becoming beholden to American justice but without a say in its development in an odd twist of history: The United States came into being once citizens in the American colonies became tired of taxation without representation. Today, much of the world is beginning to feel like an American colony, beholden to U.S. policy but without any role in its development. Is it time to say, “No assassination without representation”?
Republicans are displaying their outrage at this decision and raising issues of due process. They have a valid point. But they are also partly to blame for the dénouement that they have left the administration in. Obama has been unable to close the Guantanamo Bay prison facility due to Congressional resistance. The camp is politically unwelcome but neither can it be closed. Prisoners cannot now be relocated to Super-Max prisons in the United States and no other country is scrambling to accept them either. They remain in continued legal limbo.
Having been placed in an effective checkmate over the whole idea of prisoners, the White House will not feel inclined to add to a list of inmates. No wonder, therefore, that the debate over Kill or Capture is being won by proponents of the former rather than the latter.
This all comes about in the same week that the Senate voted to confirm John Brennan as DCI. Brennan has spent the first term as Obama’s chief counter-terrorism tsar and has been a chief advocate of drone technology. His move to Langley could signal that the agency continues to play a large role in the use and control of such technology in the foreseeable future.
As Obama moves to secure his foreign policy team for his second term, he does so in the knowledge that he is now beyond the will of the American electorate. Never again will he be required to place his name on a ballot and seek approval for his policies or actions. Rather, it is now his legacy that is at stake, and in this turn of events, it appears that his journey to the Dark Side is Complete.
Dr. James D. Boys is a Contributing Editor to The Commentator. He is a Visiting Senior Research Fellow at King's College London, Associate Professor of International Political Studies at Richmond University in London and a Senior Research Fellow at the Global Policy Institute. Visit his website and follow him on Twitter @jamesdboys
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