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 @pastordan REALLY not a fireworks fan, especially living in place where everyone sets them off. Was interesting learning abt buying process
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emptywheel I also managed to buy most of the beer left in the little convenience store still open, so I traded beer for lessons in fireworks.
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emptywheel Fourth of July trivia: I got stuck sleeping on the floor of Nagoya airport w/one of the main fireworks buyers from the NE once.
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emptywheel RT @WarOnTheRocks: How China can use the #OPMhack data to identify undercover intelligence officers http://t.co/7t2kKtRX9e
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bmaz @RPullen @stephenlemons @Steve_Irvin When an arbitrary, by all appearances racist, "umpire" calls anything, it is total laughable bullshit.
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emptywheel @billmon1 Also, American hubris says we'll never get in a dogfight with another industrial policy, all the contrary evidence notwithstanding
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emptywheel @billmon1 It helps if you think of it as an industrial policy instead. Pilots aren't encouraged to turn their head in industrial policies.
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emptywheel @billmon1 Fred: It doesn't much matter because USG will keep paying Lockheed no matter what we do.
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emptywheel @ZaidJilani Means you have to play the license plate game all summer.
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emptywheel @BlinnPR Google voice got collected under DEA's dragnet, so I think it gets picked up off majors' backbone.
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emptywheel Did NSA add another provider with its latest phone dragnet order? https://t.co/R4XI7iiebM
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