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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bmaz RT @DanCBarr: Well done story by @BrittanyBade_AZ of @cronkitenews on SB 1172, which seeks to limit teachers' speech rights. http://t.co/xv
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bmaz @WilliamOckhamTx Sure is. Dick is one hell of a lawyer.
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bmaz Has @Popehat escaped the singathon yet?
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bmaz RT @radleybalko: Obama has said he believes federal drug sentences are inhumane. So 22 commutations--of 1000s--isn't courageous. It's polit…
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emptywheel RT @ChrisDolmetsch: #scoopage by @ChristieSmythe HSBC Wins Dismissal of New York Foreclosure Practice Suit http://t.co/V69H0dIgd9
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emptywheel @moorehn We're having spring with the added benefit that, precipitation restarted, it appears to be behaving and precipping at night.
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bmaz Durst arrest warrant should be 'thrown out,' attys say http://t.co/jw5qdOhd26 Wow, if these facts are right, DeGuerin's motion may have legs
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emptywheel @DafnaLinzer And not even including Scooter Libby @BarackObama
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emptywheel @phillipanderson If we're the "Democratic" party can we demand less formulaic consultants?
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emptywheel @flexlibris That might be my favorite detail of the day. Especially bc LM recipients are always big surveillance fans.
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emptywheel RT @flexlibris: Meanwhile, Lockheed Martin is managing the "contact me" pages of a number of members of Congress. That's right.
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emptywheel @OKnox Saudis have quidded their pro I suspect. @GerardAraud
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