Guest blogged by Ernest A. Canning
"There's no difference between one's killing and making decisions that will send others to kill. It's exactly the same thing, or even worse." - Former Israeli Prime Minister Golda Meir
In a March 25, 2009 article, "Prosecute or Perish," in which I urged that "the survival of our Constitutional Democracy may hinge on factually justified criminal prosecutions of the Bush/Cheney cabal," and again in "Fixing the Facts and Legal Opinions Around the Torture Policy," I took dead aim at the sophistry employed by President Barack Obama to evade his constitutionally mandated obligation to see that the laws are faithfully executed. The same Harvard Law School-educated President who said that, in torture, America had lost its "moral bearings," suggested we must only look forward --- an "illogical formulation [that] was incompatible with the very essence of the rule of law."
I was naive. I thought the President was merely evading his constitutional obligation out of political expediency; that he actually intended to restore the rule of law and salvage what was left of our nation's honor.
A growing body of evidence, including confirmation contained in the recently exposed Afghan "Pentagon Papers," suggests the President did not look back at his predecessor's war crimes because he saw, in the failure to prosecute, the ground work for his own round of "Unitary Executive" lawlessness --- an expanded, illegal and increasingly covert "war on terror" in which hundreds, perhaps thousands of paramilitary assassins, operating in secret and beyond the rule of law, carry out targeted killings of "suspected" terrorists on a global scale --- a program that has already produced massive collateral casualties amongst innocent civilians who are in the wrong place at the wrong time.
Worse, as revealed by a newly filed lawsuit, the Obama administration has moved beyond the Bush/Cheney cabal's assertion of unchecked Executive lawlessness in the form of extraordinary rendition, indefinite detention and torture. The Obama administration has now not only asserted a right to assassinate anyone that the Executive branch labels a terrorist, including U.S. citizens, but has gone so far as to place lawyers in legal jeopardy should they seek a court order to block an extrajudicial execution unless the executive branch grants the lawyer permission to do so...