Posts Tagged ‘AUMF’

Missing from the Awlaki memo: Almost everything that really matters

Due process is flexible, in light of the circumstances. But what kind of meaningful trial could U.S. citizen and terror suspect Anwar Awlaki have received if the government were allowed to kill him first, and try him afterwards? Once you concede Awlaki had a due process interest in his life – and one always has a due process interest in one’s life – then a post-deprivation trial must by definition have failed the due process test. That test never yields a result where the amount of due process owed to the private citizen is zero, both before and after deprivation of the due process interest. That’s why death penalty appeals are so long and tortuous: if you don’t get it right before you execute the defendant, there is no opportunity to correct it.

War Powers, War Lies: Part 12: Not GWOT

It may have been lousy intelligence. It was effective public relations, however. In February 2003, 72 percent of Americans polled answered yes to the question: “Was Saddam Hussein personally involved in the September 11 attacks?” And this result was in line with poll after poll.