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 @steve_vladeck @ACLU_NCA Yeah, and neither will the FISC and other courts apparently.
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bmaz In the not even close to news dept, breaking or otherwise, The Blue Angels are a bunch of rowdy fighter jocks http://t.co/17tfetOJAh
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bmaz @gideonstrumpet @nancyleong @ntswanson Is that a hospital in CT is it?
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bmaz RT @erinscafe: If you come to the premiere of Follow Friday the Film Friday at 5:45 pm, you can meet @LynsieLee, my fav stripper. http://t.…
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bmaz @yvonnewingett @barrettmarson @JimSmall Hey, I think I made that point already!
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bmaz I'd love to convict this Blackwater fuckstic; but the Stated Dept tanked the case w/Garrity statements at the get go http://t.co/d1zH3nNR2k
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bmaz @barrettmarson @JimSmall "Innocent"??
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bmaz @APribetic @gideonstrumpet @ScottGreenfield @kashhill @adamsteinbaugh My media strategy is "don't talk to the media". Nothing good happens.
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bmaz @gideonstrumpet @onekade @adamsteinbaugh Kade, don't go giving Adam a big head and all just cause he is out there doing good shit.
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bmaz @APribetic @gideonstrumpet @ScottGreenfield @kashhill @adamsteinbaugh "Clean up in aisle four". Nice.
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bmaz .@SpyTalker Connolly is right; the govt fucked Slatten Blackwater case up, double jeopardy applies, and further prosecution IS vindictive.
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bmaz @gideonstrumpet @nancyleong I wonder. Do young law students even know how much of the 4th has been lost+what Navarette potentially means?
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