I really didn’t want to post again about Obama’s killing US citizens without due process, but one of US Attorney General Eric Holder’s arguments justifying the policy was so bad that I have no choice. Sorry. If you don’t care that the President can kill any US citizen he wants without having to justify that decision to anyone else, you can stop reading now.
Holder recently said that:
“‘Due process’ and ‘judicial process’ are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.”
This is really stupid. Occasionally, when merely a property interest is at stake-like say, whether a business is fined or not for disobeying a regulation-courts have held that it’s ok for an administrative law judge to hear the case, as opposed to a federal or state court judge-in other words, to have a form of due process that’s not strictly judicial due process. That’s mainly because the amount at issue is small enough that it’s not worth it to take up the judicial system’s time with it.
The courts have NEVER said that it’s ok to even imprison someone without judicial due process-there’s always a right to have a judge hear your case if your personal liberty is at stake.
In this case, Obama is going way beyond putting US citizens in jail-he’s just killing them, an entirely irreversible decision. When Holder says that you don’t need judicial due process to kill an American citizen-you just need some “other form” of due process that involves a bunch of defense officials agreeing that you are a threat-that sets a precedent that could easily be extend to other crimes. After all, why have trials? Why not just have the police officers decide amongst themselves who is guilty of crimes? That would be the same level of due process that Holder is offering here.
I know that Eric Holder is a really smart guy-definitely smarter than me. So I can’t think that he really believes this argument. It’s just sad that this is the best argument he can think to justify an awful policy that has resulted in the murder of American citizens, and no doubt will take continue to do so.