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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Emptywheel Twitterverse
JimWhiteGNV Awesome! We got a table in the van tonight @satchelspizza http://t.co/9uYlcVKkL9
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JimWhiteGNV Hanging out in the gift shop @satchelspizza waiting for a table. Is it time for some enlightenment on a spring? http://t.co/m7wSZoVA0W
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emptywheel @B_D_Silver Stickum failure ends it.
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JimWhiteGNV Dak Prescott is a beast.
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JimWhiteGNV RT @DokteCoffee: To clarify.Ebola: No symptoms, no risk. Few symptoms, only a little risk. Very sick, oh-so-infectious. Risk, then, is to h…
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JimWhiteGNV RT @texasinafrica: Appalling behavior by New Jersey officials. Way to disincentivize health workers traveling to fight Ebola. http://t.co/c
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JimWhiteGNV @cherylrofer Yeah, but that's where the bad quarantines are, too.
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JimWhiteGNV These Ebola quarantines are needed because a total of zero (zip, nada, zilch, none) have gotten Ebola from a patient before hospitalized.
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JimWhiteGNV Larry Cullpepper (Dr. Pepper vendor guy in ads: "I pretty much invented the playoffs") for #Gators coach. #FireMuschamp
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emptywheel @AllThingsHLS Ah. I'll wait for the real stuff then1 ;p (and yes, I do make it myself)
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JimWhiteGNV "Quarantines? If Cuomo and Christie had real balls they'd set up internment camps for anyone coming back from West Africa. " RWNJ somewhere.
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JimWhiteGNV RT @kirkmurphy: Stop @NYGovCuomo jailing them MT“@philiplederer: We need more health care workers to help fight #Ebola in W Africa. http:/…
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