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
bmaz Fantastic, and absolutely damning, article: https://t.co/K49H5VlNXk
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bmaz RT @EdgeofSports: This piece on civil suit vs. Jameis Winston is so damning, it should make @TBBuccaneers think again on draft day. https:/…
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bmaz @ScottGreenfield @Popehat The curmudgeonly kind?
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bmaz RT @walterwkatz: My colleague & friend makes recommendations for reform at Anaheim PD. Union president: "treating us like criminals." http:…
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JimWhiteGNV I really should make a quick grocery run, but I seem to be anchored to the couch. http://t.co/JI62jYFWAF
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bmaz @ScottGreenfield @Popehat Nobody. Eric Holder just stays.
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bmaz RT @ryangrim: A. Will you post all shootings this quickly? B. Why was he shot in the middle of the conversation? https://t.co/tk9xSs0eGE
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bmaz @MonaHol @btannebaum I can't stand Dershowitz, but this was total BS. Cassell and Edwards should be more heavily sanctioned.
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emptywheel RT @docexblog: CIA seeks public comments for decennial review of its operational files exemption from #FOIA https://t.co/Mw9FwzJDBP
4hreplyretweetfavorite
bmaz @Nick_Hentoff While they go about getting rid of him for good.
6hreplyretweetfavorite
bmaz @Nick_Hentoff Looks like they have 4 judges in that circuit. County ought to remove all crim cases immediately from Weill.
6hreplyretweetfavorite
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