Kaffis Mark V wrote:
Wait a minute. Who's bringing hyperbole into the discussion? Hannibal pointed out that the drone strike on the citizen had not afforded the citizen due process or a jury of his peers, and wondered what that should be called, since it's not an execution.
You're the one who called it war, Diamondeye. I was simply responding to your answer. If we call that war, then we can now declare war on our own citizens. Without a Congressional vote to do so.
It's part of a war that has been ongoing. There's no hyperbole involved. As I then pointed out, it would be an assassination, conducted in pursuit of overall military and national security goals. He's right, it's not an execution. It's also not a murder.
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I, for one, certainly hope we can't legitimately call it war. Because that's a terrible notion, for the above reasons. I'd rather call it an assassination of an American citizen, and haul the President before Congress to be impeached, and then tried before a jury of his peers for murder and conspiracy to commit murder.
Because targetting American citizens for death without due process is just that -- murder, not any legal function of the government.
Except that it isn't terrible at all, nor is it a cause for impeachment. It's a cause of action for wrongful death against the government. There is no reason whatsoever to be impeaching anyone, or hauling anyone in front of any criminal trials. The idea that it could is far more dangerous to our liberty and existence as a free nation than some guy in Yemen getting killed.
It is certainly not murder. It has nothing to do with "just functions of government". National defense is a legitimate function of government.
The first function of government is defense against outside attack. The government
must do this. In point of fact, no point of law can ever be allowed to prevent it from doing so. The courts have ruled on this; U.S. vs. Tiffany explains the concept quite well. Mining of Vietnamese harbors was explicitly stated by the courts to be beyond the bounds of what is a justicable question.
Similarly, a person killed by military action during the conduct of actual national defense activities is not murdered. Ever. Actual national defense conducted against outside enemies is beyond the reach of the courts to review and beyond the power of law to constrain. (Note that this does not mean everything, or even most things, the military does are immune to law. In fact, most things can be constrained by law because most military activities, like training or purchasing things are not actual defense against an outside enemy)
Now, the fact remains, however, that killing a citizen still constitutes a seizure without due process under the 4th amendment and thus the government cannot simply use the fact that a U.S. citizen is abroad to kill them with impunity. This creates a contradiction; the killing of the citizen is not a crime, but it also is not a legal act.
Fortunately, we have a way of dealing with that: civil law. The President cannot be held civilly or criminally liable in his own person for an action taken in the national defense; it is his obligation to defend the nation against attack. The government, however, can be held liable for the loss of life without due process.
It is, however, an assault on the Constitution of the highest order to suggest that the rights of citizens are a shield behind which they can go abroad and act in concert with our military enemies. The government deprived him of his rights; his estate is therefore entitled to fair compensation, but trying to claim that the act was in any way criminal is the worst sort of cherry-picking.