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It All Depends on What “Hostilities” Means

16 Thursday Jun 2011

Posted by Craig in Congress, Constitution, drone strikes, Justice Department, Libya, Obama, Obama administration, Yemen

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Congress, drones, Harold Koh, hostilities, kinetic military action, Libya, Obama, War Powers Resolution, Yemen

I give the Obama administration points for creativity, if nothing else:

“The White House, pushing hard against criticism in Congress over the deepening air war in Libya, asserted Wednesday that President Obama had the authority to continue the military campaign without Congressional approval because American involvement fell short of full-blown hostilities.

In a 38-page report sent to lawmakers describing and defending the NATO-led operation, the White House said the mission was prying loose Col. Muammar el-Qaddafi’s grip on power.”

Wait a minute, I thought the mission was for humanitarian reasons, not regime change. Wha’ happen?

“We are acting lawfully,” said Harold H. Koh, the State Department legal adviser, who expanded on the administration’s reasoning in a joint interview with the White House counsel, Robert Bauer.

The two senior administration lawyers contended that American forces had not been in “hostilities” at least since early April, when NATO took over the responsibility for the no-fly zone and the United States shifted to primarily a supporting role — providing refueling and surveillance to allied warplanes, although remotely piloted drones operated by the United States periodically fire missiles, too.”

I think the people on the receiving end of those drone missiles might have a different definition of “hostilities.”

“We are not saying the president can take the country into war on his own,” said Mr. Koh, a former Yale Law School dean and outspoken critic of the Bush administration’s expansive theories of executive power.”

Uh yes, that’s exactly what you’re saying, Mr. Koh. You’re also saying that as long as it’s your guy expanding executive power and taking the country to war kinetic military action on his own it’s OK. Can you say double standard, boys and girls?

“We are not saying the War Powers Resolution is unconstitutional or should be scrapped or that we can refuse to consult Congress. We are saying the limited nature of this particular mission is not the kind of ‘hostilities’ envisioned by the War Powers Resolution.”

No, you’re not actually saying you can refuse to consult Congress, whatever refuse means inside the White House these days, just that you can concoct some phony baloney reason not to, Carnac.

Mr. Koh, just for clarification purposes, the next time you talk to President Bush Obama, ask him whether or not a drone attack a day in Yemen falls under “hostilities.” Just curious.

Oh, one more thing about disregarding the War Powers Resolution, the ‘everybody else does it’ excuse didn’t work for me when I was six and it doesn’t work for you now as far as I’m concerned. I must have missed the ‘vote for me, I’ll do what everybody else has done’ campaign speech in 2008.

Obama Administration Pot Calls Out Pakistani Kettle

31 Friday Dec 2010

Posted by Craig in Afghanistan, Bill of Rights, drone strikes, Justice Department, Obama, Obama administration, Pakistan, torture, war on terror

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al Qaeda, Bill of Rights, Bush administration, CIA, Department of Justice, drones, due process, extrajudicial killings, Gitmo, human rights, hypocrisy, indefinite detention, look forward not back, Obama administration, Pakistan, Poland, Taliban, torture investigation, treaties, war on terror

From the Department of Blatant Hypocrisy, Do As I Say, Not As I Do Division:

“The Obama administration is expressing alarm over reports that thousands of political separatists and captured Taliban insurgents have disappeared into the hands of Pakistan’s police and security forces, and that some may have been tortured or killed.

The concern is over a steady stream of accounts from human rights groups that Pakistan’s security services have rounded up thousands of people over the past decade, mainly in Baluchistan, a vast and restive province far from the fight with the Taliban, and are holding them incommunicado without charges.”

Welcome to the Hotel Gitmo. You can check out any time you like, but you can never leave.

“Separately, the report also described concerns that the Pakistani military had killed unarmed members of the Taliban, rather than put them on trial.

…Two months ago, the United States took the unusual step of refusing to train or equip about a half-dozen Pakistani Army units that are believed to have killed unarmed prisoners and civilians during recent offensives against the Taliban. The most recent State Department report contains some of the administration’s most pointed language about accusations of such so-called extrajudicial killings.”

Kind of like this?

“From the moment he stepped foot inside the White House, Obama set about expanding and escalating a covert CIA program of “targeted killings” inside Pakistan, using Predator and Reaper drones armed with Hellfire missiles..that had been started by the Bush administration in 2004.

On 23 January 2009, just three days after being sworn in, Obama ordered his first set of air strikes inside Pakistan; one is said to have killed four Arab fighters linked to al-Qaida but the other hit the house of a pro-government tribal leader, killing him and four members of his family, including a five-year-old child.

…During his first nine months in office he authorised as many aerial attacks in Pakistan as George W Bush did in his final three years in the job…According to the New America Foundation thinktank in Washington DC, the number of US drone strikes in Pakistan more than doubled in 2010, to 115. That is an astonishing rate of around one bombing every three days inside a country with which the US is not at war.”

And then there’s this from the Obstruction of Justice Department, Look Forward Division:

“The U.S. Department of Justice has rejected a request from prosecutors in Warsaw for assistance in the investigation into the alleged CIA prisons in Poland, where captives claim they were tortured. On 18 March, the Prosecutor’s Office of Appeal in Warsaw filed a motion for legal assistance from the US Department of Justice into the probe…[T]he US informed prosecutors that the motion had been rejected on the basis of the international Agreement on Mutual Legal Assistance in Criminal Matters and that the U.S. authorities consider the matter “to be closed”.

So far, the U.S. Justice Department has failed to comply with its treaty obligations to supply information requested by prosecutors in Spain, Germany, Italy, and Poland who are probing allegations of kidnapping, false arrest, assault, and torture by persons believed to be CIA agents in connection with extraordinary rendition operations.”

This has, by far, been my biggest disappointment with the current administration. Legislative policies are one thing-legislation can be amended, superseded, or repealed. But by continuing, and in some cases expanding upon, the Bush administration “war on terror” tactics, and pursuing this “look forward, not back” lunacy, it has now become the accepted and established policy of two successive administrations—one Republican and one Democratic–that the United States of America now condones actions (indefinite detention without charges, denial of due process) that were once upon a time (pre-9/11) considered a violation of our Bill of Rights.

It also lets other countries that enter into treaties with us know that we will abide by the conditions of those treaties only so far as it is convenient and politically expedient for us to do so, and denies us any credibility on the world stage when it comes to the condemnation of other country’s human rights violations.

In short, we prove to the world that America is a nation of preachers and not practicers.

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