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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Emptywheel Twitterverse
emptywheel @weems Oh no, he is. The goal is to create a crisis and use it. @robertcaruso's just playing along. @Krhawkins5
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bmaz @Pachacutec_ @msbellows @JoeSudbay Bring me this treasure, Inca God!!
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bmaz @walterwkatz @PhilPerspective Oh man, +1000 on that.
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bmaz @yaelwrites She, like all the girls here, does not listen to me in the slightest. cc: @emptywheel
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bmaz @ncardozo hahahhahaha!
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bmaz My wife has a Chucky Gruden doll from her childhood she will not let me shoot into the heat of the burning sun. http://t.co/4oHe3efIp5
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emptywheel @ncweaver Said this yesterday, but I DO understand the legal front AND I've taught Kafka and yet... I bombed too.
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JimWhiteGNV RT @SECNetwork: The Florida #Gators are back in the #SECTourney Championship! FINAL: @GatorzoneBB 2 | LSU 1 http://t.co/nFEIGmbTMK
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bmaz @Popehat Yo, me either I mean, can you imagine having a lampshade on YOUR neck?? I'd kill someone who did that to me.
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JimWhiteGNV RT @KendallRogersD1: I feel like this win locks up a top eight national seed for @GatorZoneBB. We will find out on Monday, though. #Gators
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JimWhiteGNV RT @GatorZoneBB: #Gators down No. 1 LSU, 2-1 - advance to SEC Tourney final against Vanderbilt - tomorrow at 4:30 p.m. on ESPN2
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