"America … goes not abroad in search of monsters to destroy." ~ President John Quincy Adams (1767-1848)
Last week, President Donald Trump ordered the U.S. military to invade a then-friendly country without the knowledge or consent of its government and assassinate a visiting foreign government official. The victim was the head of Iran’s military and intelligence. The formerly friendly country is Iraq. The killing of the general and his companions was carried out by the use of an unmanned drone. The general was not engaged in an act of violence at the time he was killed, nor were any of his companions. They were driving on a public highway in a van.
The president’s supporters have argued that the general’s death was revenge for Americans and others killed by the general’s troops and surrogates. Trump has argued, more importantly, that he ordered the general’s death because of what evil the general might order his own troops and surrogates to do in the future.
Can the president legally kill a person not engaged in an act of violence because of what the person might do in the future? In a word: No.
Here is the backstory.
The president has taken an oath to uphold the Constitution. The Constitution provides only two means for the federal government to kill a human being. The first is pursuant to a declaration of war, which only Congress can do. That permits the president to use the military to kill the troops of the government of the country against which war has been declared. Congress has not declared war on Iran.
The second way that the Constitution permits federal government killings is pursuant to due process. That means that the person to be killed is lawfully in custody, has been properly charged, lawfully tried and fairly convicted of a capital crime, and the conviction has been upheld on appeal.
Can the president kill foreign military personnel and claim the justification of self-defense? The laws of war permit him to do that, but self-defense – actually, defense of the country – only comes into play when the foreign military personnel are physically engaged in killing Americans or are certainly about to do so. That justification only applies – the law here is 600 years old and has been consistently applied – when force is imminent and certain.
Were imminence and certainty not the requirement, then nothing would prevent a president from slaying any monster he chose simply based on a fear that the monster might someday strike. Such a state of affairs is contrary to two presidential executive orders, one issued by President Gerald R. Ford and the other by President Ronald Reagan, and neither negated by Trump. Such a territorial invasion and killing also violate the United Nations Charter – a treaty that prohibits unlawful invasions and killings of member nations’ territories and officials outside of a lawful and U.N. approved declaration of war.
Roaming the world looking for monsters to slay not only violates long-standing principles of American domestic and international law, but also it violates basic Judeo-Christian moral principles, which teach that the end does not justify the means and might does not make right.
Think about it. If the American president can kill an Iranian government official in Iraq because of fear of what he might do – without a declaration of war or any legal process – can the Chinese president kill a Mexican government official visiting in Texas or an American intelligence agent encouraging revolution in Venezuela for fear of what they might do?
This is not a fanciful or academic argument. It not only goes to the fidelity to the rule of law that we require of our leaders in order to maintain personal liberty and limited government, it also goes to our safety. We have laws to prevent wanton killings, lest killers turn on us.
In Robert Bolt’s play "A Man for All Seasons," Sir Thomas More argues with his son-in-law, William Roper, about the extent of the law’s protections of those universally recognized as evil. Roper says that he would cut down all the laws in England to get rid of the Devil.
More counters that even the Devil is entitled to the benefits of the law. Then he hurls this zinger: "And, when the last law was down, and the Devil turned round on you – where would you hide, Roper, the laws all being flat? This country’s planted thick with laws from coast to coast – man’s laws, not God’s – and, if you cut them down – and you’re just the man to do it – d’you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake."
More crystalized the dangers of those who – like Trump – take the law into their own hands for the sake of expedience or to rid the world of a monster. Without law, how does one decide what monsters should go and what monsters may stay?
When President Obama used drones to kill peaceful uncharged Americans in Yemen, candidate Donald Trump condemned that behavior. He offered that as president, he would bring the troops home, stop the nation building, quit being the world’s police force and end the endless wars. Instead, his act of state terrorism has succeeded in doing what the general he killed could never do while alive. Trump has united the Iranian people behind their fanatical government, and he caused the Iraqi government to kick out all American troops – troops that had no lawful or moral basis for being there in the first place and whose numbers have only increased.
Trump cut down the laws to get to the Devil. Whom will he kill next?
#1: Lod To: Ada (#0)
Lod posted on 2020-01-09 09:09:37 Reply Private Reply
#2: hondo68 To: Ada, Saudi-Israel neocon stooge, Homegrown Terrorist (#0)
He cares not the cost in blood & treasure to Joe & Jane Sixpack, as long as those donations and bribes keep rolling in.
hondo68 posted on 2020-01-09 10:30:56 Reply Private Reply
#3: NeoconsNailed To: hondo68, HAPPY2BME-4UM (#2)
LOL LOL LOL, a refreshing voice of reason. Great meme! Sickening to see neocon madness festering here of all places.
NeoconsNailed posted on 2020-01-09 10:43:50 Reply Private Reply
#4: Ada To: Lod (#1)
Ada posted on 2020-01-09 11:21:37 Reply Private Reply
#5: Ada To: NeoconsNailed (#3)
Too many "exceptional" 'Muricans think it is lawful for the 'Murican gubmint to do what would be unlawful for anyone else. I think we should round up those people and put them in re-education centers and give their stuff to the other 5%.
Ada posted on 2020-01-09 14:23:01 Reply Private Reply
#6: NeoconsNailed To: Ada (#5)
Remember 'Vietnamization'? we need to Iraqize, Aghanistanize, Iranize.....
www.brasscheck.com/video/hearts-and-minds/
NeoconsNailed posted on 2020-01-09 15:52:18 Reply Private Reply
#7: Dead Culture Watch To: Ada (#0)
More needs to be known about the generals actions regarding the deaths that occasioned one whole sentence in this ‘article’.
Dead Culture Watch posted on 2020-01-09 16:12:28 Reply Private Reply
#8: Liberator To: Dead Culture Watch (#7)
Of course the Irani Generalissimo killed Americans. No one is saying the guy didn't earn a dirt nap. Then again, that list is pretty long, isn't it? We even have our own very evil domestic "bad men."
If we start knocking off the world's "bad men" willy-nilly -- with much public fanfare -- where does it all end? (yeah, probably, at WW4)
That said, why should the Lying Swamp being trusted, believed, OR have ANY credibility on having what's best for America? They do NOT have our back -- that much is clear.
Just as important -- was knocking off this guy worth possibly creating WW3 and getting thousands of Americans killed and maimed AGAIN, and a Middle East and world in upheaval?
The General's LOUD Hit reeked of like political arson right off the bat.
How I perceived The Hit (and narrative that the general posed a "risk." (just NOT to Americans IN America):
The Swampsters purposely executed the mission to undercut respect for the President's judgement, undercut respect and prestige for an American military that has always been one that has carefully measured it's response; and lastly, this very public assassination (it could have been done quietly) undercut America's sense of propriety and proportion.
For the American-Globalists, AIPAC Neocons, Swamp Inc, and the All War All The Time Lunatics, every little thing (and "bad man") is a nail to be jackhammered or nuked.
Liberator posted on 2020-01-09 17:59:31 Reply Private Reply
#9: Liberator To: NeoconsNailed (#6)
Hear ya. Some of us immediately see the smoke & mirrors.
That said, everyone is a victim of the usual disinfo and Swampster propaganda in this case. Everyone should get a mulligan once the REAL story emerges...
After that, all bets are off.
Liberator posted on 2020-01-09 18:02:08 Reply Private Reply
#10: Liberator To: Ada (#0)
I welcome honest criticism, logic and analysis, but Nap is just parroting a script. He's become a political tool and yuge hypocrite advancing a Soviet agenda. Shame.
Liberator posted on 2020-01-09 18:07:54 Reply Private Reply
#11: BTP Holdings To: Liberator, NeoconsNailed (#9)
But do you know the REAL reason the U.S. has troops in Afghanistan?
It is if the Pakistani's become even more unreasonable than they now are, the U.S. can take out their nukes.
Remember too that Pakistan is one of the few not to sign the Non-Proliferation Treaty which forbids signatories from giving nuclear technology to countries that do not possess it already.
The Soviets were there as conquerors. We helped the Mujahideen with Stinger missiles to help them shoot down Soviet aircraft. ;)
www.theatlantic.com/photo...-war-in-afghanistan- 1979-1989/100786/
BTP Holdings posted on 2020-01-09 18:52:36 Reply Private Reply
#12: Ada To: Liberator (#10)
Ada posted on 2020-01-09 19:30:04 Reply Private Reply
#13: NeoconsNailed To: Lod (#1)
NeoconsNailed posted on 2020-01-09 21:24:50 Reply Private Reply
#14: NeoconsNailed To: BTP Holdings, HAPPY2BME-4UM, Liberator (#11)
NeoconsNailed posted on 2020-01-10 01:06:44 Reply Private Reply
#15: NeoconsNailed To: Liberator (#9)
I'm nothing but trouble -- I cut people no slack at all on this while the now totally debunked War Of Terror (Vietnam #16) rages.
Certainly anybody over age 25 who claims to have fallen for this Iran thing needs shock treatments -- in my 'UMBLE opinion ;)
NeoconsNailed posted on 2020-01-10 01:09:57 Reply Private Reply
#16: Liberator To: BTP Holdings (#11)
You mean reason(s), right?
None are legit of course.
Poppy Fields for one.
It is if the Pakistani's become even more unreasonable than they now are, the U.S. can take out their nukes.
Not only unnecessary, but foolish. That is India's sphere of influence and problem.
Liberator posted on 2020-01-10 09:59:46 Reply Private Reply
#17: Liberator To: Ada (#12)
Not IMO, not these days.
At one time Nap was 90/10 right/wrong. Now that ratio is reversed. He's been flipped.
Liberator posted on 2020-01-10 10:01:09 Reply Private Reply
#18: Liberator To: NeoconsNailed, BTP Holdings, HAPPY2BME-4UM (#14)
Hear ya. What Smokey is doing is ILLEGAL and IMMORAL.
But still -- why? Simply BECAUSE...US Military = NATO = UN "Police Force."
It's an illegal arrangement created by an illegitimate PTB whose Globalist UN Agenda 21/30 is being implemented/enforced. (as their Middle Finger is given to ALL notions of respectful of national sovereignty)
Liberator posted on 2020-01-10 10:06:42 Reply Private Reply
#19: Liberator To: NeoconsNailed (#15)
This may surprise you but the degree of mind-programming and control of/for Boomers cuts especially deep. WE are far more apt to buy the MSM theater since the Uncle Walter Cronkite days...
Given the above, we've gotta cut everyone some slack. Especially at the very beginning of a MSM story/narrative; we must give it time to be unraveled and truth to emerge.
If eventually the truth is STILL not sought, discovered, and realized, then discount the subjects (that's exactly what they are) as "Sheeple."
Liberator posted on 2020-01-10 10:13:00 Reply Private Reply
#20: NeoconsNailed To: Liberator (#19)
Walter Baby was the evil, perverted and perverting kind of uncle. Should have been hanged for molesting entire generations of young minds.
www.renewameric a.com/columns/washington/150603
Nobody has, IMHO, any excuse for not seeing a cannon pointed directly at their face.
I'm so glad you're here. Recent arrival? Returnee?
NeoconsNailed posted on 2020-01-10 10:32:51 Reply Private Reply
#21: NeoconsNailed To: Liberator (#18)
NeoconsNailed posted on 2020-01-10 10:35:08 Reply Private Reply
#22: Liberator To: NeoconsNailed (#20)
+100
You've nailed to a tee the frustration of what's become of our society and culture. It's heartbreaking.
The "Sheeple" indeed would rather dismiss the "dangerous" truth and follow the crowd straight off the cliff. It's..."safer" ;-)
Walter Baby was the evil, perverted and perverting kind of uncle. Should have been hanged for molesting entire generations of young minds.
Yup. Your assessment isn't even hyperbole; It's TRUE.
That subversive professional liar knew exactly what his role and script was; to exploit his "Most Trusted Man In America" rep as he fed lie after lie to gullible, trusting America. What Comrade Cronkite did was indeed abuse and mockery.
Recent arrival? Returnee?
Thank you for the kindness and welcome...
In the past I have posted at many forums, including FR, LP, LF, and actually at 4um -- though sparingly and inconsistently over the many years.
Liberator posted on 2020-01-10 11:35:48 Reply Private Reply
#23: Liberator To: NeoconsNailed (#21)
Many ARE. That's making the PTB panicky.
(This is exactly why G00gle, YouTube, FB, Twitter, IG and other tools of knowledge and infoare being massively and heavily censored, shadow banned, and/or eliminated.)
Liberator posted on 2020-01-10 11:38:07 Reply Private Reply
#24: NeoconsNailed To: Liberator (#23)
NeoconsNailed posted on 2020-01-10 11:52:43 Reply Private Reply
#25: NeoconsNailed To: Liberator (#22)
NeoconsNailed posted on 2020-01-10 11:53:40 Reply Private Reply
#26: Liberator To: NeoconsNailed (#24)
("Instagram")
Naw -- in Jersey.
Liberator posted on 2020-01-11 10:25:35 Reply Private Reply