Wednesday, February 6, 2013

No More "Due Process."

Memo OKs killing US Citizens abroad.

It would appear the United States government now believes it can kill American citizens without the due process of law.  If you read the linked article you will see the Obama administration is allowing the use of drones to kill US citizens without the need for a trial or oversight.  What reason do they need to do this? Only the suspicion, yes just suspicion, that you or I am a terrorist that might carry out an attack on the United States.  It would seem President Obama is just as bad as those who have come before.  Change indeed.  Change for the worse, change for the tyrannical, and changes to the very fabric of our Democracy.  It would seem that our "lawyer" President.  Our President for change, and freedom could use a lesson in Democracy, the Constitution, and the American way.  Let me be clear this lesson should be learned by all 535 elected Federal officials, but in this case the President, for once, is actually the person to blame.

In a Democratic society Mr. President citizens get trials.  It doesn't matter where the offense takes place or what the offense is.  We get trials.  This is a tradition of Democracy laid down hundreds of years ago when King John signed the Magna Carta in 1215.  This limited the power of the King, read executive, it meant the King wasn't all powerful.  Your memos about the use of Drones to kill Americans with out trial is the exact opposite of our oldest Democratic traditions.

In a Democratic society Mr. President citizens get trials.  No that is not a duplicate typo.  We get trials because our Founding Fathers believed in Democracy.  The Declaration of Independence is clear on this issue, but perhaps you like to add a few parenthetical addendums?  "We hold these truths to be self-evident, that all men are created equal (unless you make us suspicious), that they are endowed by their Creator with certain unalienable (well, not completely unalienable.  We may need to alienate some of your rights, arbitrarily, when we see fit), that among these are Life (as long as we decide to allow you to have it), Liberty (you can have most of your liberty, but we aren't crazy enough to give you actual liberty), and the Pursuit of Happiness (our brand of Happiness, not yours silly)."  The problem is Mr. President the next section of the Declaration may cause some serious problems for you. "That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."  If the government really thinks that killing it's citizens without the due process of law isn't destructive towards the basic rights of it's citizens then I honestly don't know what to say.  If the government is justifying this sweeping change of our most basic rights by simply taking the stance that the Magna Carta and the Declaration of Independence aren't actual, legally binding, documents in our system then let's consult the owners manual shall we?

When people make assumptions there is a neat little colloquial phrase about asses.  In order to avoid that I will not assume the President and Congress have read the Constitution and Bill of Rights.  So let's examine the relevant documents.  Hopefully the extreme corruption, villainy, tyranny, and despotic nature of these drone attacks on our civilians will be self evident after a cursory reading.  Hopefully.

5th Amendment to the Constitution of the United States of America.
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

6th Amendment to the Constitution of the United State of America
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
It would seem the government can't simply kill you whenever it wants.  It would also seem you must be put on trial for any wrong doing.  The Constitution, which includes the Bill of Rights ladies and gentlemen, is the supreme law of the land.  It cannot be circumvented by any law, Legislative or Executive in nature, with the exception of an Amendment to the Constitution itself.  So how does our government get around the Constitution so often?  Simple, who can stop them?  The Supreme Court, the supposed champions and protectors of the Constitution, have ruled that the US government can kill it's own citizens in times of war without the due process of law if that citizen is deemed an enemy combatant.  I am not a completely unrealistic person.  I understand that in a massive battle; urban firefight, tank to tank, air to air combat etc there is simply no possible way the US military can detain and prosecute an American citizen actively fighting for the other side.  The same cannot be said for the currently proposed situations.

If you can track this person well enough to kill them with a drone you can, with risk to American military personnel obviously, detain them.  So that I suppose it the real motivation here.  We have entered an age when it is easier to kill a "criminal" with zero risk to ourselves than it is to detain them.  Before drone technology; even snipers, bomber pilots, Special Forces units, the list goes on and on, had to risk their lives to take out a target.  Now our government can kill people with zero risk to any of their own personnel.  The ability to do this does not equate to right to do this.  The ability to kill has never equalled the right to kill.  That is a truism of humanity that extends back to our most ancient progenitors.

The problem here is the precedent we are setting.  Not everyone will agree that this is bad, or unwarranted.  It is, but I may never convince you of that; so take a look at the precedent, dare I say paradigm, that this administration has created with this new policy. This new 21st Century National Defense Paradigm can only be defined as terrifying.  What happens to US citizens who commit crimes here in the United States but put the lives of law enforcement officers at risk when it comes to detaining them?  Do we now use drones to kill those criminals too, based upon the threat they pose to those whose jobs it is to detain them?  Will we begin to see drones prowling the skies over Los Angeles, destroying cars that are involved in a high speed chases that have been deemed too dangerous?  Should we disband the SWAT team in lieu of using targeted Drone assaults to take out suspected criminals who could possibly harm law enforcement officers?

Now put all that aside.  Go back to the primary issue here.  What gives the President of the United States, the entire US Government for that matter, the right to kill it's own citizens through wanton acts of terrorism?  Nothing.  I dare you to show me where, in the Constitution and Bill of Rights, the Declaration of Independence, the Federalist Papers, or any other foundational document of our country that states the Government can kill it's citizens without the due process of law.  This newly released Memo outlining the use of deadly force against our own citizens constitutes the beginning of a terrifying new era in American society.  One in which the government we have elected to represent us and uphold our social contract with them have broken those bonds of trust, fellowship, and law that have sustained our nation for over 200 years.

An era in which those charged with our protection, our lives and freedoms; have become those taking our lives, and attacking our freedoms.  An era where the greatest threat to your life, liberty, and happiness may not be an external stressor but the slow decline into despotism that is willingly embraced by those filled with fear.  An era when the fear of death from a highly improbable threat, terrorism, is the impetus for us to willingly give over those freedoms our forefathers so dearly cherished; that they fought, and beat, the worlds most powerful nation to insure we would have them for all time.  An era when those forefathers, our founding fathers, bear witness to the their greatest fear coming to life.  America trading a tyrant 3000 miles away for 3000 tyrants 300 miles away.  I hope and pray the people of our great nation can put an end to this slide into tyranny begun under Bush II and extended by our one great hope for "change", but it will only happen if we make it happen.  Those with power will never give it up willingly, or even curtail that power willingly.  Please, if you are as disturbed by this turn of events as I am use your voice.  Share on your social media your feelings, get others to share their feelings, and ultimately call your Congressman/woman, Senator, and even the President and your Governors and share your feelings.  It will be the only way to stop the gathering storm of tyranny and oppression that threatens our most basic rights as human beings.  Our rights to Life, Liberty, and the Pursuit of Happiness.

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