Memo on drone killings of US citizens makes case for presidential dictatorship
The US Court of Appeals for the Second Circuit on Monday released a redacted version of the hitherto secret Obama administration memo arguing for the legality of presidential assassinations, without charges or trial, of US citizens. The 47-page memo, dating from July 2010, was drafted and signed by then head of the Justice Department’s Office of Legal Counsel, David Barron, and addressed to Attorney General Eric Holder.
The memo constitutes prima facie evidence of crimes against international law, the US Constitution, and the democratic rights of the American people. It could serve as a key exhibit in impeachment proceedings and criminal prosecutions against high-level American officials, beginning with President Barack Obama, Attorney General Holder, US intelligence and military leaders and the author of the memo, Barron. The document is a travesty of legal and constitutional analysis. It begins with the desired aim—to justify the negation of the Bill of Rights’ guarantee of “due process” and sanction the arrogation of quasidictatorial powers by the executive branch—and employs a grab bag of sophistic and cynical arguments to arrive at the desired conclusion.