Interesting. Some thoughts.

How many English died in the German bombing during the summer of 1940? Now
there was a real threat to national security, but the British more or less
took it in their stride.

How many Americans have died in Terrorist attacks, and add a reasonable
number who might have died had a couple  failed attacks succeeded. I don't
think the number is great enough; I don't think even the total possible
number over a 10 year period, is any great deal. Terrorism really is no
threat at all that is worth giving attention to.

The _only_ point of the War on Terror is the destruction of bourgeois
liberty in the U.S. The War  on Terror is _purely_ an attack on Americans by
their own government.

The word "fascism" isd terribly misleading. What is happening in the U.S.,
is actually worse than "Fascism" and we don't have a decent word for it.

Carrol

P.S. I'll be gone for three weeks. My son and his wife (just married in NYC)
are having a second wedding in her parents' home town in Rumania. After the
wedding we are doing a bit of travelling. We will be back Aug. 10.

> -----Original Message-----
> From: [email protected] [mailto:pen-l-
> [email protected]] On Behalf Of Louis Proyect
> Sent: Saturday, July 20, 2013 9:33 AM
> To: Activists and scholars in Marxist tradition; Progressive Economics
> Subject: [Pen-l] Judge Challenges White House Claims on Authority in Drone
> Killings
> 
> (The judge alluded to in the title of the article was a Bush appointee.)
> 
> NY Times July 19, 2013
> Judge Challenges White House Claims on Authority in Drone Killings
> By SCOTT SHANE
> 
> WASHINGTON -  A federal judge on Friday sharply and repeatedly
> challenged the Obama administration's claim that courts have no power
> over targeted drone killings of American citizens overseas.
> 
> Judge Rosemary M. Collyer of the United States District Court here was
> hearing the government's request to dismiss a lawsuit filed by relatives
> of three Americans killed in two drone strikes in Yemen in 2011: Anwar
> al-Awlaki, the radical cleric who had joined Al Qaeda in the Arabian
> Peninsula; Mr. Awlaki's 16-year-old son, Abdulrahman, who had no
> involvement in terrorism; and Samir Khan, a 30-year-old North Carolina
> man who had become a propagandist for the same Qaeda branch.
> 
> Judge Collyer said she was "troubled" by the government's assertion that
> it could kill American citizens it designated as dangerous, with no role
> for courts to review the decision.
> 
> "Are you saying that a U.S. citizen targeted by the United States in a
> foreign country has no constitutional rights?" she asked Brian Hauck, a
> deputy assistant attorney general. "How broadly are you asserting the
> right of the United States to target an American citizen? Where is the
> limit to this?"
> 
> She provided her own answer: "The limit is the courthouse door."
> 
> The case comes to court at a time when both the legality and wisdom of
> the administration's use of targeted killing as a counterterrorism
> measure have come under question in Congress and among the public. The
> debate, including the first public discussions of drone strikes by
> Congress and a major speech by President Obama on May 23, has raised the
> possibility of a role for judges in approving the addition of Americans
> to the so-called kill list of suspected terrorists or in signing off on
> strikes.
> 
> Mr. Hauck acknowledged that Americans targeted overseas do have rights,
> but he said they could not be enforced in court either before or after
> the Americans were killed. Judges, he suggested, have neither the
> expertise nor the tools necessary to assess the danger posed by
> terrorists, the feasibility of capturing them or when and how they
> should be killed.
> 
> "Courts don't have the apparatus to analyze" such issues, so they must
> be left to the executive branch, with oversight by Congress, Mr. Hauck
> said. But he argued, as Attorney General Eric H. Holder Jr. has in the
> past, that there are multiple "checks" inside the executive branch to
> make sure such killings are legally justified.
> 
> Judge Collyer did not buy it. "No, no, no," she said. "The executive is
> not an effective check on the executive." She bridled at the notion that
> judges were incapable of properly assessing complex national security
> issues, declaring, "You'd be surprised at the amount of understanding
> other parts of the government think judges have."
> 
> Despite Judge Collyer's evident frustration with parts of the Obama
> administration's stance, legal experts say the plaintiffs face an uphill
> battle. They are Nasser al-Awlaki, father and grandfather of two of the
> men killed, who wrote about their deaths on Wednesday in The New York
> Times, and Sarah Khan, mother of Samir Khan. Only Anwar al-Awlaki was
> deliberately targeted, officials say; Mr. Khan was killed in the same
> strike, while Abdulrahman al-Awlaki was killed by mistake in a strike
> officials say was intended for a suspected terrorist who turned out not
> to be present.
> 
> The relatives filed suit late last year, but not against the military
> and the Central Intelligence Agency, which carried out the strikes,
> because such lawsuits usually fail on technical grounds. Instead, they
> sued four officials in charge of the agencies at the time: David H.
> Petraeus, the former C.I.A. director; Leon E. Panetta, the former
> defense secretary; and two successive heads of the Joint Special
> Operations Command, Adm. William H. McRaven and Lt. Gen. Joseph L.
> Votel.
> 
> The lawsuit is known as a Bivens action, after a 1971 Supreme Court
> ruling that permitted citizens to sue government officials personally
> under some circumstances for violating their constitutional rights.
> 
> The government is asking that the lawsuit be dismissed on several
> grounds. Mr. Hauck said decisions about targeted killing should be
> reserved to the "political" branches of government, the executive and
> legislative, not the judiciary. In addition, he said, allowing a lawsuit
> against top national security officials to proceed would set a dangerous
> and disruptive precedent.
> 
> "We don't want these counterterrorism officials distracted by the threat
> of litigation," he said.
> 
> Pardiss Kebriaei of the Center for Constitutional Rights and Hina Shamsi
> of the American Civil Liberties Union, representing the plaintiffs,
> argued that the claims had extraordinary importance because they
> involved the deaths of Americans at the government's hands. "The entire
> goal of Bivens is deterrence," to discourage officials from infringing
> the rights of Americans, Ms. Shamsi said.
> 
> "The court still has a role to play in adjudicating whether or not a
> citizen's rights have been violated," she said.
> 
> At one point, when Mr. Hauck referred to the Constitution, Judge
> Collyer, 67, who was appointed by President George W. Bush and also
> serves on the Foreign Intelligence Surveillance Court, interrupted to
> note that the Constitution prescribed three branches of government, and
> that she represented one of them.
> 
> "The one that's normally yelled at and not given any money," she said,
> sounding as if she was not entirely joking. "The most important thing
> about the United States is that it's a nation of laws."
> 
> The judge said that she believed the case raised difficult questions and
> that she would "do a lot of reading and studying and thinking and try to
> reach a decision as soon as I can."
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