Guest: National security law expert Karen J. Greenberg; Also: McConnell says has votes to begin fixed impeachment trial; 'GNR' returns for 2020!...
By Brad Friedman on 1/7/2020, 5:50pm PT  

On today's BradCast, the world remains on edge in the wake of Donald Trump's targeted assassination of Iran's top military general Qassem Soleimani. [Audio link to show is posted at bottom of summary.]

At least 56 mourners reportedly died during a stampede at funeral processions for the revered figured in Iran, were millions turned out to show their respects and to vow revenge against the U.S. Meanwhile, U.S. customs and border officials were reportedly detaining Iranian-American citizens for extended questioning as they re-entered the country; Trump's Secretaries of Defense and State each tried to walk back Trump's twice-threatened war crimes against Iran, should they dare to retaliate; And both Secretaries along with the White House continued to claim, without evidence, that an "imminent attack" that would have killed "hundreds" of Americans was prevented by the killing and served to justify the targeted drone strike against Soleimani and several Iraqi officials; Republican Senate Leader Mitch McConnell claimed to have the votes necessary to move Donald Trump's impeachment trial forward in the U.S. Senate (which Trump had clearly hoped to distract from with his attack on Iran) without allowing for either first-hand witnesses or subpoenaed White House documents to be presented as evidence; and the Foreign Minister of Iran described the assassination of Soleimani as "state terrorism" and President Trump as "lawless".

On that last point, and many related, we are joined today by KAREN J. GREENBERG, Director of the Center on National Security at Fordham University School of Law and the author of Rogue Justice: The Making of the Security State. Professor Greenberg, an expert on national security, terrorism, and civil liberties, detailed in a New York Times op-ed today headlined "Killing Qassim Suleimani Was Illegal. And Predictable.," how American Presidents have been expanding their own executive authority for "targeted killings" and assassination since the post-Watergate Church Committee in the Senate called for reforms to ban such activity by the Executive Branch in 1975. President Gerald Ford, in 1976, issued an Executive Order to ban all political assassinations by the U.S.

Over the years since, however, as Greenberg documents, Presidents from Ronald Reagan to Bill Clinton to George W. Bush to Barack Obama have each stretched the definitions of what amounts to an allowable "targeted killing" under certain restricted circumstances in order to prevent an "imminent attack". And while such killings eventually numbered in the hundreds under Obama (and included at least one U.S. citizen, albeit in a different country), Greenberg explains that no President, until Donald Trump, has broadened the definitions to include an out-and-out assassination of a state official, much less one as highly revered as Soleimani in Iran.

"President Obama attempted to expand the authority for targeted killing, excepting it from the category 'assassination', and giving many reasons --- including international law reasons --- for why this would be lawful. And tying it, however, to the War on Terror, which in a way, puts it in a different scenario than what we're now seeing. Because what we've seen this week is a successful attempt to attack a leading member of a sovereign state," Greenberg tells me. "It distinguishes in many ways from what the Obama Administration had done. But what the Obama Administration did was to open the window for that. They did it because they wanted to expand the targeted killing program of George [W.] Bush. Obama said it would cause less trouble, less reprisal on the ground, and therefore less violence against American troops. And they thought it would work in cases where they couldn't capture somebody who they thought was being tremendously detrimental to the United States."

The authority he and other Presidents granted to themselves, however, "essentially bypasses the idea of laws that restrain" and "comes down to 'trust me' government", in that the public must rely on classified evidence by the Intelligence Community --- and, hopefully, its review by members of Congress --- as legal justification for the actions. But Trump, she explains, while previously dismissing the assessments of the intelligence community as dishonest "Deep State" actors, is now citing what he claims to be their evidence and asking us to trust it.

The result of all of this is what Greenberg describes as "a lack of foresight to put in place policies, by any President or any administration that, should it get into the wrong hands, can prove truly dangerous. We've now crossed that threshold." She goes on to note that "The basic bottom line is this is not something that the United States has supported or allowed since the Church Committee" in 1975.

We discuss how Ford's Executive Order, the War Powers Act of 1973 (meant to constrain Presidents from acts of war without approval by Congress), and the Authorizations for Use of Military Force adopted by Congress after 9/11 and again before our invasion of Iraq, have all now been stretched to the point of near meaningless. At the same time, the U.S. has also pushed the boundaries of Geneva Convention restrictions against war crimes to fit its defensive/aggressive needs of the moment, with as little enforcement by international agencies as Congress has brought against U.S. Presidents from both major parties at home for violations of domestic laws and Constitutional mandates.

There is quite a bit in this conversation that can't adequately be summarized here, so I hope you'll tune in for much more.

Finally, Desi Doyen joins us for our first Green News Report of the new year, which, sadly, picks up with the continuing, record, devastating Australian wildfires which also led our last GNR of the year in 2019, some two and a half weeks ago...

Download MP3 or listen to complete show online below...

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