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

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Emptywheel Twitterverse
bmaz @emptywheel A sterling, though not quite gold, point you make.
4mreplyretweetfavorite
JimWhiteGNV @LeslieMolony Yeah. Pretty sure that was yesterday's rat that she let age a while.
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bmaz RT @ColMorrisDavis: @bmaz I agree.
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bmaz RT @Sunshine2015K: @bmaz Recall Petition filed against Snohomish County Prosecutor 4 misappropriation of public funds; residents fed up w/c…
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bmaz If there is a dumber show about law on popular TV than "How to Get Away With Murder", it is hard to imagine what it could possibly be.
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emptywheel @HinaShamsi In retrospect, writing GWOT Finding to permit CIA to do whatever they want w/detainees, including torture might not @Krhawkins5
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emptywheel @bmaz Well, he'll be sure to use those same steak secrets against me if he ever tries to prosecute. There's precedent, you know.
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emptywheel RT @MikeScarcella: Chicago prosecutors drop drug conspiracy charges against more than two dozen defendants in ATF stash-house stings http:/…
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bmaz @emptywheel There is no accounting for taste. Anywhoo, you cannot inquire into "steak secrets" according to my friend the Clap.
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JimWhiteGNV John Galt sure is making a lot of money on Superbowl tickets. #NFL probably doesn't give a shit, only elites allowed...
42mreplyretweetfavorite
emptywheel @bmaz You're drunk. Stop pretending you're just trying to rationalize hogging all the steak. We know she loves steak.
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bmaz Silly doge loves salad more than steak and/or tacos. Seriously questionable http://t.co/p9cnzOsfkW
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