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 Seriously, as breeze thru channels, see repeats of Will Cain,atty at law,on ESPN. Indescribably atrocious as to actual law+constit process
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bmaz The almost just current sky while I was outside talking on the phone with NFC East fans: http://t.co/2UAlZ3yiNV
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bmaz @emptywheel @Pachacutec_ NO! That is what moved him ahead of Eli!
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emptywheel @bmaz Oh? The Pats are already only your THIRD favorite team??? It's bc Tommy destroyed his phone, isn't it? @Pachacutec_
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emptywheel @mollyknefel Congrats! Way to take charge.
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bmaz @Pachacutec_ Oh, wait!! You DO play my new third favorite team, the Bradys! #FreeTomBrady
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bmaz @Pachacutec_ Naw, thank you. Well, at least until the Gents play the Pack or Cards. Don't think that's this year! So, all good!
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emptywheel @mattkbh Possibly true. But glad you gave New Haven its due.
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bmaz @Pachacutec_ I see you over there in the corner. Come join me, my friend.
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emptywheel Basically we called out PK over Mullah Omar then promptly sent SEAL Team 6 to off OBL. https://t.co/fUSlXZMJx0 Busy time, early 2011.
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emptywheel Irony: Mullah Omar, not OBL, ended up in a hospital w/kidney failure. https://t.co/O9bHAvPW5A
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