Tuesday, December 28, 2010

"Executive Decision": how much power does an administration really need to protect national security?; more on Wikileaks

The Washington Post ran a controversial editorial on Dec. 22, “Executive Decisions”, about whether a president’s decision to target an American enemy abroad needs judicial review. The link is here.

The case specifically involved “Anwar al-Aulaqi, the U.S.-born Yemeni cleric and al-Qaeda operative”.

It is true that apparently this relates only to actions taken overseas. Perhaps it could apply here if law and order broke down domestically because of some kind of massive incident. Then the idea is frightening, but so would be the circumstances that it would take to lead to it.

However, Jonathan Manes and Pardiss Kebriaei, a legal fellow with the ACLU and a staff attorney for the Center for Constitutional Rights, have an LTE today in the Post raising constitutional concerns.

The CCR has signed on to an important document online, “An open letter to US officials regarding free expression in the wake of the Wikileaks controversy,” pdf document here.  CCR has a short article about House Judiciary Committee hearings on the issue Dec 22 here.

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