John Brennan Decimates the Logic of Drone Program

John Brennan will be confirmed as CIA Director.

But along the way he has utterly decimated the drone program’s legitimacy.

Twice in his confirmation hearing, he insisted he was not a lawyer. Most notably, Carl Levin went to some length to try to get Brennan to admit waterboarding was torture. Brennan said that he thought it was reprehensible, but he repeatedly stopped short of saying it was torture because “I’m not a lawyer.” Over and over again, he is not a lawyer.

He is, however, almost certainly, the “informed, high-level official of the US government who [determines] that the targeted individual poses an imminent threat of violent attack against the United States.” That person not only determines whether capture would be “feasible” and what “imminent” means. But he decides whether killing the person would be “consistent with law of war principles.”

In other words, this man, who can’t (or refuses to) say whether waterboarding is torture because he is not a lawyer, is entrusted every Tuesday to make far more difficult legal decisions, both on the subjective feasible and imminent questions, but also on specific international laws.

In other words, according to the guy who has been acting as judge and jury for the last four years, the guy who has been acting as judge and jury is completely incompetent to act as judge and jury.

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16 Responses to John Brennan Decimates the Logic of Drone Program

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Emptywheel Twitterverse
bmaz @dcbigjohn @adamsteinbaugh @nycsouthpaw You are a law reporter now John, you are one of us now. Get with the program!
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bmaz @adamsteinbaugh @PogoWasRight @CathyGellis @marciahofmann @BillMcGev Like I said earlier, good luck with that.
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bmaz @PogoWasRight @CathyGellis @marciahofmann @BillMcGev I don't have a lot of love for Assange, but credit where due, this won't phase him.
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bmaz @biasedreporter Not so good on those issues either.
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bmaz @PogoWasRight @marciahofmann @BillMcGev Good luck with that.
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emptywheel RT @RickDeVos: HBO or Netflix: Please make a high quality period serialization of The Count of Monte Cristo.
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JimWhiteGNV RT @GatorZoneBB: #Gators (29-10/10-6) take series opener over Bulldogs - 6-3 - Logan Shore (6-2) complete game, Josh Tobias 4 RBI, Dalton G…
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bmaz @bob_riehle @azcentral Apparently there is another installment coming next wednesday. Abbey was a really interesting guy.
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bmaz Burying Edward Abbey: The last act of defiance http://t.co/Jo3XDPQw80 via @azcentral This is outstanding.
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bmaz @adambonin We have excellent nominating commission system here http://t.co/20vJgGCbQy So, of course, crazy GOP legislature trying to kill it
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bmaz @adambonin Awfully tacky.
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February 2013
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