Eric Holder Opens a Pandora's Box on Due Process
The Wall Street Journal ran my piece, "The Good and Bad in Eric Holder's Drone Defense," today. In the article, I welcome Holder to the company of Americans who think the fight against al Qaeda is a war, and one that requires an invigorated Presidency. But I also worry about Holder's claim that constitutional due process applies to American al Qaeda members when we target them with drones on foreign battlefields. By doing this, Holder has effectively declared that all members of al Qaeda -- American or not -- get due process rights. The Due Process Clause applies to "persons," not "citizens." Not only does this raise severe operational problems, but it runs against 200 years of American history and has the effect of reducing the rights of Americans at home. You can read the full argument here (paywall content).
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Comments:
Jul '11
Re: Eric Holder Opens a Pandora's Box on Due Process
Eric Holder needs removal, impeachment, or a trial. If none of this happens then the GOP loses the election.
After November, when the GOP loses and America's financial destruction or civil war is set faster in motion, I will post a giant I told you so article and be done with politics for the rest of my days.
The Obama admin exists in a world of obscure or stretched laws, many of which are unconstitutional. Eric the racist Holder is the architect and administrator for the greatest violation of our nations rights since Andy Jackson snubbed the Supreme Court and let the Cherokee genocide begin. To not attack Holder with everything we have is to ignore Obama's most effective weapon of defense and to tacitly approve of the God awful hubris this disgusting man has brought to the JD.
Oct '11
Re: Eric Holder Opens a Pandora's Box on Due Process
I am curious about "wanted dead or alive", does this apply or is it a even a legal statement????
Feb '11
Re: Eric Holder Opens a Pandora's Box on Due Process
DocJay.
That nicely sums it up. I am envious of your gift for understatement and restraint.
Feb '11
Re: Eric Holder Opens a Pandora's Box on Due Process
John Yoo.
I am afraid I canceled my WSJ subscription after Rupert Murdoch took over and started revamping the paper to it's lasting detriment. Perhaps someone can summarize the arguments here.
Re: Eric Holder Opens a Pandora's Box on Due Process
Erich Holder has many vices. One of them is that he just not that smart.
Dec '11
Re: Eric Holder Opens a Pandora's Box on Due Process
So...... Who can we shoot at on a battlefield?
Jul '11
Re: Eric Holder Opens a Pandora's Box on Due Process
Ourselves.