Demolishing Due Process
Tuesday, March 20, 2012
It is ironic but perhaps sadly appropriate that Attorney General Eric Holder would choose a law school, Northwestern University, to deliver a speech earlier this month in which he demolished what was left of the rule of law in America.
In what history likely will record as a turning point, Attorney General Holder bluntly explained that this administration believes it has the authority to use lethal force against Americans if the President determines them to be a threat to the nation. He tells us that this is not a violation of the due process requirements of our Constitution because the President himself embodies “due process” as he unilaterally determines who is to be targeted. As Holder said, “a careful and thorough executive branch review of the facts in a case amounts to ‘due process.’” That means that the administration believes it is the President himself who is to be the judge, jury, and executioner.
As George Washington University Law Professor Jonathan Turley wrote of the Holder speech:
“All the Administration has said is that they closely and faithfully follow their own guidelines — even if their decisions are not subject to judicial review. The fact that they say those guidelines are based on notions of due process is meaningless. They are not a constitutional process of review.”
It is particularly bizarre to hear the logic of the administration claiming the right to target its citizens according to some secret selection process, when we justified our attacks against Iraq and Libya because their leaders supposedly were targeting their own citizens! We also now plan a covert war against Syria for the same reason.