Judge Napolitano slams Obama over secret “kill list”
The New York Times recently reported that President Barack Obama keeps a secret “kill list” of terror suspects. Given the uproar during the last several months over the NDAA, which allows for the indefinite detention of terror suspects, even those captured inside the United States, such a list is sure to send a chill down the spine of civil liberties advocates.
While apologists for Obama and neoconservatives will argue that this is part of the war on terrorism and claim legality for his actions due to the UAMF, Judge Andrew Napolitano recently explained that Obama’s “kill list” is blatanty unconstitutional:
We have known for some time that President Obama is waging a private war. By that I mean he is using the CIA on his own — and not the military after congressional authorization — to fire drones at thousands of persons in foreign lands, usually while they are riding in a car or a truck. He has done this both with the consent and over the objection of the governments of the countries in which he has killed. He doesn’t want to talk about this, but he doesn’t deny it. How chilling is it that David Axelrod — the president’s campaign manager — has periodically seen the secret kill list? Might this be to keep the killings politically correct?
Can the president legally do this? In a word: No.
The president cannot lawfully order the killing of anyone, except according to the Constitution and federal law. Under the Constitution, he can only order killing using the military when the U.S. has been attacked, or when an attack is so imminent and certain that delay would cost innocent American lives, or in pursuit of a congressional declaration of war. Under federal law, he can only order killing using civilians when a person has been sentenced lawfully to death by a federal court and the jury verdict and the death sentence have been upheld on appeal. If he uses the military to kill, federal law requires public reports of its use to Congress and congressional approval after 180 days.
The U.S. has not declared war since World War II. If the president knows that an attack on our shores is imminent, he’d be hard-pressed to argue convincingly that a guy in a truck in a desert 10,000 miles from here — no matter his intentions — poses a threat to the U.S. so imminent and certain that he needs to be killed on the spot in order to save the lives of Americans who would surely die during the time it would take to declare war on the country that harbors him, or during the time it would take to arrest him. Under no circumstances may he use civilian agents for non-judicial killing. Surely, CIA agents can use deadly force to protect themselves, but they may not use it offensively. Federal laws against murder apply to the president and to all federal agents and personnel, wherever they go on the planet.
Obama has argued that his careful consideration of each person he orders killed and the narrow use of deadly force are an adequate and constitutional substitute for due process. The Constitution provides for no such thing. He has also argued that the use of drones to do his killing is humane since they are “surgical” and only kill their targets. We know that is incorrect. And he has argued that these killings are consistent with our values. What is he talking about? The essence of our values is the rule of law, not the rule of presidents.
Civil libertarians are fighting back as well. They’ve launched a petition on the White House website, urging the White House to create a “do not kill list.” The purpose of the list would be to allow Americans to “sign up to avoid being put on the president’s ‘kill list’ and therefore avoid being executed without indictment, judge, jury, trial or due process of law.”
Obama has now surpassed his predecessor, George W. Bush, in disregard for the Constitution, which is no small feat. With Obama’s support of more war, TSA, NDAA, continued surveillance methods that infringe of the Fourth Amendment, support for allowing unmanned drones inside the United States, and now a “kill list”; it’s a wonder why any civil libertarian would support him for re-election.