People commenting on Obama's targeted killing suggest he's doing it ONLY under AUMF, not Article II. That's not true. http://www.emptywheel.net/2013/02/18/the-aumf-fallacy/ …
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Replying to @emptywheel
@emptywheel Nice work. I think that unless the argument is the Posse Comitatus Act is unconstitutional under Art. II, my analysis holds.3 replies 0 retweets 0 likes -
Replying to @armandodkos
@armandodkos Especially why would you assume that when it wasn't the military that killed Anwar al-Awlaki?1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel The CIA question. CIA used to be barred from domestic activity. Have to admit not sure if Patriot Act et al changed that.2 replies 0 retweets 0 likes -
Replying to @armandodkos
@armandodkos What stops FBI, under "imminent threat" doctrine, from killing domestically, on orders of President?1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel imo, the Due Process Clause of the Fifth Amendment.1 reply 0 retweets 0 likes -
Replying to @armandodkos
@armandodkos But the white paper clearly says that imminent threat overrules due process.1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel The White Paper was addressing outside the US. Posse Comitatus about in US. But the due process is still a valid issue.5 replies 0 retweets 0 likes -
Replying to @armandodkos
@armandodkos One that Article II claim is made--and that document makes it--there's nothing excluding domestic operation.1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel Art II claim not made for actions in US. Not yet AFAIK. And it is an illegitimate claim anyway imo. WP focuses on AUMF imo.3 replies 0 retweets 0 likes
@armandodkos So it MAY BE an illegitimate claim. BUt it is a claim solidly w/in what WP claims.
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