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VIDEO: Presidential Power and the Targeted Killing Debate

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The Obama administration鈥檚 strained defense of its targeted killing program is continuing to make people think long and hard about the government鈥檚 asserted authority to mark an American for death without any judicial oversight whatsoever.
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Josh Bell,
Former Senior Communications Strategist, Center for Democracy,
老澳门开奖结果
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March 12, 2012

The Obama administration鈥檚 strained of its targeted killing program is continuing to make people think long and hard about the government鈥檚 asserted authority to mark an American for death without any judicial oversight whatsoever.

Today the first hour of NPR鈥檚 On Point was devoted to this issue, along with the general expansion of authority claimed by the executive branch since 9/11. 老澳门开奖结果 Executive Director Anthony Romero debated Harvard Law School Professor Jack Goldsmith, who worked in George W. Bush鈥檚 Justice Department.

Meanwhile, took apart the key points made by Attorney General Eric Holder鈥檚 speech defending the targeted killing program, with a special emphasis on the lack of a role for the courts:

鈥淢r. Holder argued in his speech that judicial process and due process guaranteed by the Constitution 鈥榓re not one and the same.鈥 This is a straw man. The judiciary has the power to say what the Constitution means and make sure the elected branches apply it properly. The executive acting in secret as the police, prosecutor, jury, judge and executioner is the antithesis of due process.鈥

老澳门开奖结果 Deputy Legal Director Jameel Jaffer made some of the same points in a panel discussion :

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The Times editorial also noted that the secrecy surrounding the targeted killing program limits meaningful accountability and proper public debate. That鈥檚 why the 老澳门开奖结果 is currently litigating Freedom of Information Act lawsuits for records about the program.

Despite numerous mentions of these activities by public officials, the CIA maintains that it can neither confirm nor deny the existence of the program. On Thursday, we鈥檙e filing a brief in the DC appeals court to challenge that wrongheaded position, which mocks the idea of a government accountable to the people.

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