Leon’s Book of Law

Glenn Greenwald and Adam Serwer already hit this part of 60 Minutes interview with Leon Panetta yesterday. But I wanted to tie Panetta’s comments about how, “in his book” a citizen who wants to attack our people and kill Americans is first and foremost a terrorist.

If someone is a citizen of the United States and is a terrorist who wants to attack our people and kill Americans in my book that person is a terrorist. And the reality is that under our laws that person is a terrorist. And we’re required under process of law to be able to justify that despite the fact that this person may be a citizen, he is first and foremost a terrorist who threatens our people. [my emphasis]

Now, Panetta suggests that if someone who, in Leon’s book, is a terrorist is here in the US, that person will get due process.

But the logic of the Fourth Circuit’s Padilla decision the other day defies that. As I read it, the Fourth Circuit argued that once Padilla became an enemy combatant–once Leon’s predecessors decided that, in their book, he was a terrorist, then he lost access to the legal means to (for example) seek redress for torture, much less to anything but habeas corpus–on the schedule the government chose, which effectively nullified it.

So while it sounds odd that all it might take is the CIA Director or the Defense Secretary to say, “in my book, he’s a terrorist,” that is actually how things are functioning.

 

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7 Responses to Leon’s Book of Law

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bmaz @Nick_Hentoff @davidminpdx ...truly, how he beat the crap out of his craven attackers. But that model is no longer worker.
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bmaz @Nick_Hentoff @davidminpdx Bill Clinton is a true conundrum. So deeply appreciate how he did some positive things, and so much appreciate...
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bmaz This is special in several ways: https://t.co/n6auYxhRr7
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emptywheel @csoghoian Are you a VIP? Maybe they only follow schlubs whose OpSec they want to ruin?
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bmaz @Nick_Hentoff @davidminpdx Do you two know each other?? You probably should.
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emptywheel How this co tracked 16,000 Iowa caucus-goers via their phones https://t.co/aVkdOPgGSA Using ad data to profile users by Dem or GOP caucus
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JimWhiteGNV Damn, I miss Walkin' Lawton. He was gone FAR too soon. https://t.co/8tUWG3wxYN
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JimWhiteGNV RT @NickdelaTorreGC: One week from today @GatorsBB will be back in action with Logan Shore on the mound. #Gators https://t.co/hUpHOp5YYe
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emptywheel RT @kgosztola: UK govt considers opening supermax prison just for "Islamist terrorists"; in other words, a British Gitmo https://t.co/ijQC5
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emptywheel RT @tedhartii: Alarming story from @the_intercept on how Missouri prisoners routinely had calls with lawyers recorded: https://t.co/glTIFrn
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bmaz RT @LOLGOP: Whoever is making Bernie Sanders' ads knows how to jack into a brain https://t.co/36c9N7em4x
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