Obama Looking for Structures to Ensure He Abides by Rule of Law

Noah Shachtman does a good job of fact checking Obama’s claims about his drone program in a recent interview with Jessica Yellin.

But I’d like to push further on his comments about Obama’s claims to give Anwar al-Awlaki and Samir Khan (to say nothing of Abdulrahman al-Awlaki) due process by pointing to the way he ends this bit:

Our most powerful tool over the long term to reduce the terrorist threat is to live up to our values and to be able to shape public opinion not just here but around the world that senseless violence is not a way to resolve political differences. And so it’s very important for the President and for the entire culture of our national security team to continually ask tough questions about, are we doing the right thing? Are we abiding by rule of law? Are we abiding by due process? And then set up structures and institutional checks so that you avoid any kind of slippery slope into a place where we’re not being true to who we are.

Having started by saying that drones are just a tool, he ends up by saying that we will vanquish terrorism by upholding our values–rule of law and due process.

And then the Constitution Professor President describes “set[ting] up structures and institutional checks” to make sure that we deliver rule of law and due process.

This, from the guy whose Administration refused to litigate a suit from Anwar al-Awlaki’s father to make sure it was upholding the standards Obama claimed in this interview in Awlaki’s case.

This, from the guy whose Administration has claimed state secrets to make sure no court can review the claims of people who have been rendered or tortured or illegally wiretapped.

This, from the guy who wouldn’t do the politically difficult things to have Khalid Sheikh Mohammed tried–and surely, convicted–before a civilian court in NYC.

He’s looking for structures and institutional checks to make sure we don’t go down that slippery slope where we forget rule of law. And yet his Administration has repeatedly avoided the one mandated by the Constitution: courts.

Which, according to his own logic, means he’s not using the tool that would best work to keep us safe from terrorism.

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bmaz @rwzh_ Don't know, would not be surprised in the least if it did. They constantly reminded all sides exactly where they were+GPS coordinates
bmaz RT @JudgeDillard: I take judicial notice of the fact that Die Hard is a Christmas movie (as well as being one of the greatest films ever ma…
bmaz @trabernlaw Indeed.
bmaz @trabernlaw "Hands up, don't shoot"!
bmaz RT @BradMossEsq: I'm cracking up watching journos and political operatives drool over what @MarkSZaidEsq and I helped @gawker get. https://…
bmaz @Popehat Trump?
bmaz @trabernlaw Yep, fought tooth and nail to get consistent audio even of confessions.
bmaz @ColMorrisDavis Fuck Bo Dietl. What a scumbag.
bmaz @oldmancoyote22 To my information, yes, Van Dyke only one of the 8 officers to discharge his firearm
bmaz @alexbelkins Oh, there is a coverup to be investigated for sure, but hyperbole and ranting doesn't help the cause.
bmaz @johnson_carrie No, not w/o the FOIA order. Also not indicted, is oddly charged via complaint, very unusual for 1st degree homicide.
September 2012
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