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Reflections of a potential drone strike target

I don’t want to sound alarmist, but at the moment I’m a potential target for drone strikes, and so are you.  I’d really like to be formally and unambiguously taken off the list, unless due process is conducted following the discovery of evidence that I belong there.  A simple “No, the President will not send robots to kill you” would suffice, but the current “we probably wouldn’t do that” assurances aren’t cutting it.

Specifically, Attorney General Eric Holder’s written response to Senator Rand Paul (R-KY) said, “As members of this administration have previously indicated, the US government has not carried out drone strikes in the United States and has no intention of doing so.  As a policy matter moreover, we reject the use of military force where well-established law enforcement authorities in this country provide the best means for incapacitating a terrorist threat.”

“Has no intention of doing so?”  Gosh, I sure hope your boss feels the same way tomorrow, Mr. Holder.  But the point of having ironclad restraints upon the power of government is that the intentions and policy positions of the Unitary Executive are irrelevant.  Those could change tomorrow, but the ironclad restraints will never rust away.

Likewise, relying on the media to keep the President on the straight and narrow, by shaming him out of… okay, stop laughing, I won’t go any further with that thought.

But also insufficient are the threats of impeachment, and the grand illusion swallowed by far too much of the American public: “Our leaders would never do anything truly horrible, because they’re afraid we’ll vote them out of office.”  How much nonsense have our countrymen swallowed because they still imagine that they control the ruling class through the ballot box?  The next votes cast for any given politician (or his successor, in the case of a lame-duck President) will be shaped by hundreds of considerations.  They’re pretty confident they can survive just about any single offense against public opinion, especially given a few years to use a combination of smooth political tactics and blatant vote-buying to modify it.

Our individual intentions and policy positions are also not sufficient to settle a question like the now-infamous “drone strike at the cafe.”  Personally, I’ve long been in favor of blowing up terrorists with a variety of methods, and would be in favor of hunting them down using hulking killbots that wear synthetic skin and speak with Austrian accents, to say nothing of unmanned aerial vehicles.  I don’t have much of a problem with the drone kills we’ve learned about thus far, although it’s a bit disturbing that we don’t seem to learn about all of them promptly.  And in the hypothetical “terrorist racing toward a crowded area with a weapon of mass destruction in the back of his truck” scenario, I wouldn’t want law enforcement or the military to waste a lot of time fretting over whether a drone should be used to take out the attacker.

But that sort of situation, besides being far more fanciful than the “ticking clock” scenarios that enhanced interrogation critics once sneered at, is not the sort of thing Senator Paul is troubled by.  He specifically addressed the topic of mounting an effective defense against attacks in progress:

If our country is attacked, the president has the right to defend and protect the country. Nobody questions that. Nobody questions if planes are flying towards the twin towers whether they can be repulsed by the military. Nobody questions whether a terrorist with a rocket launcher or a grenade launcher is attacking us, whether they can be repelled. They don’t get their day in court. But if you are sitting in a cafeteria in Dearborne, if you happen to be an Arab-American who has a relative in the Middle East and you communicate with them by e-mail and somebody says, oh, your relative is someone we suspect of being associated with terrorism, is that enough to kill you?

Paul is asking for a simple, firm commitment to due process, not a ban on all domestic operation of UAVs.   American citizens on American soil are very different from illegal combatants in a foreign land.  This is one of the reasons American citizenship should be taken seriously, in all respects – from how it is earned, to the privileges and responsibilities that come with it.  How tragically our appreciation for the full spectrum of citizenship has decayed over the last few decades!

But we can still come together to appreciate someone like Rand Paul, investing enormous intellectual and physical effort in standing on the principle that citizenship means we cannot be arbitrarily erased by cybernetic assassins.  Or flesh-and-blood agents getting up close and personal with small arms, for that matter.  There’s a sense of apprehension growing around the domestic use of drones, armed and unarmed, that I would hesitate to describe as “hysteria” because it’s not entirely unfounded.  Certain aspects of the State’s efforts to monitor its citizens become understandably more troubling when the efficiency of such surveillance increases tenfold, or a hundredfold.  I’m also a tech nerd who has no trouble imagining phenomenal benefits from the coming explosion of domestic drone licensing, including life-saving rescue operations.  If you’re lost in the wilderness, you definitely want tireless robot eyes searching for you with inhuman efficiency… but you might well feel differently while driving to work on a typical weekday morning.  People are nervous about drones… but when Rand Paul and others spent 13 hours talking about drone strikes on Wednesday, it was the “strike” part that really bothered them.  The “drone” part just makes it easier for a very small group, or a solitary official, to swiftly apply deadly force.

Does it sound silly or overly dramatic to talk about robot weapons blowing away coffee-slurping Americans at the corner cafe?  If so, then why shouldn’t the possibility be ruled out with “Absolutely not!” instead of “the President probably wouldn’t do that?”  I hope Rand Paul’s filibuster will lead to even more thorough, principled discussions about what the State absolutely cannot do to its citizens… no matter how much it fears or loves them.

COMMENTS

  • uselogic

    I dunno….. depends on the type drone. It better be good because some of us Tea Party types would enjoy the target practice. Pull!!

  • mesocyclone

    The focus on drones is as misguided as the left’s focus on guns. Drone’s are merely machines. The use of deadly force from a drone is Constitutionally the same as deadly force from a SWAT sniper, except that the word “drone” freaks people out.

    There are two classes of situation where the President has the power and the duty to use deadly force: criminal acts in progress where the target represents an imminent threat of death to innocent parties (government officers or civilians); and military – as part of an authorized war (or in extreme emergencies, before Congress has time to vote – such as a sudden nuclear attack).

    The AUMF which Bush got for the War on Terror gives, properly, the authorization to wage war on enemy combatants wherever they are, and whoever they are. Just as Americans who joined the German army or spied for Germany were enemy combatants, so are Americans who act significantly on behalf of our current legal enemies: terrorist Jihadi’s.

    It’s understandable to worry about *any* power granted to Obama. But he is President and has the powers, which should not be diminished. Usually it’s Democrats who seek (and sometimes succeed) to disarm presidents in time of war. Republicans shouldn’t follow along – especially when the argument is not about the use of deadly force, but about which weapon is used.

  • daniel22

    The use of drones on Americans in America is the stuff civil libertarians live for. The side effect of all of this talking about the issue is of no small import. It has already done at least part of the job of intimidation. With a large majority of the readers of this article not really believing that this administration would not use a drone to eliminate a target on American soil. The drones have improved greatly with their use limited by ones imagination. The question that should be asked now is how would you outfit a drone to take out an individual without it looking like it?
    The seeming impunity with which this administration operates makes me uneasy. The liberalness of the defining of who may be a terrorist by the DHS is alarming. By making killing someone this sanitary (you don’t even have to be in the same country after all), it could become too common place to eliminate foes by accident or on purpose. Like I said it is the intimidation factor that comes with the possible threat of drones that has won the debate. The use of them on Americans on American soil quite likely.

  • aardvar

    I prefer no restrictions on the use of drones – period. Anything the GOP asserts or is lucky enough to extract from the AG now will be used to tie the hands of a GOP president ten-fold by future Democrats.

    Let’s be realistic. We are ready have several laws prohibiting the use of the CIA inside the US. They are not likely to cross that threshold even in the best conspiracy theory. The only other folks with armed drones are the US military. Is there anybody we trust more? If the President asked the generals to kill a US citizen on US soil, he’d get a NO! unless Congress had already sanctioned the action. This is the Posse Comitatus Act of 1878 in action. All military officers know the drill on that item. See Hurricane Katrina for proof. Would senior military leaders actually stand up? I would say Yes because the violation of the Act applies to them and not to the President.

    That leaves possibly the National Guard – would any Governor take that political risk? I think not! What about local police forces? Existing laws already require them to pursue due process in their actions. Killing a citizen without an appropriate judicial determination opens the police to criminal charges themselves. Are there events that permit the use of deadly force by the police? Of course. Do we care whether that force is administered by a sniper versus a drone? Not really. That’s because we know that appropriate measures are in place to control that activity. The lawsuits that accompany most high-profile police deadly incidents enforce caution.

    So do we really have a problem here or are we manufacturing one just to criticize Obama? Surely we have better reasons than the exceedingly remote possibly of a fatal drone strike against a US citizen on US soil. Let’s stop fighting these insane little skirmishes and concentrate on the important stuff. It’s all about the money. Money controls in DC. At some point, the GOP House needs to have the courage to stop the spending by refusing to pass appropriation bills. So what if the GOP will get the blame for shutting down the Government. The GOP will get the blame for everything that occurs during Obama’s term anyway. His idea of a legacy isn’t some achievement like peace in the Middle East. He wants to establish an irrevocable destruction of the GOP and the permanency of a Democratic Party power structure in DC. Thus, he can never compromise with the GOP on anything. He needs them as his own “Great Satan”.

  • celador2

    Thumbs up

    The diary is right to the point as are the comments. I like the part that says critics focus on the ‘strike’ part and not the ‘drone’ part. Maybe we should look more closely at the ‘bot drones.
    you wrote—

    ……People are nervous about drones… but when Rand Paul and others spent 13 hours talking about drone strikes on Wednesday, it was the “strike” part that really bothered them. The “drone” part just makes it easier for a very small group, or a solitary official, to swiftly apply deadly force……

  • celador2

    The issue which Sen Paul addressed involved deadly force used on Americans on US soil, noncombatants using drones. The choice to kill would be made by secret criteria and by the executive, the president.

    Sen Paul asked the president through the Attorney General to clarify where he stood on killing Americans on US soil, Holder had indicated yes that the Obama policy was drones could target with deadly force anywhere, any place for any reason unknown to the accused on US soil.

    Thomas Jefferson was a seer. He saw this tyrant from afar process coming and regretted the process of liberty’s loss in his numerous writings. He fretted how he feared that we who came later would give it all away, that which they built and fought for we would give up.

    Guard our precious liberties even if we think we do not always need them.

  • norris

    We have a few more Ruby Ridge ,Waco and I wouldn’t be surprised at some secret hits .

  • streiff

    different issues. The shooters at Kent State were National Guard who had been called out by the governor. They were not acting under federal direction. Cold comfort if you were killed but really not applicable. Less than two weeks later the same thing happened at Jackson State involving State Police shooting into a crowd.

    Neither of those instances, however, involved federal authority which is what we are talking about here.

  • streiff

    Waco is a prime example of “shoot first” in action. The real tragedy in both cases is that no federal law enforcement manager is doing hard time in a super max.

  • wumingren

    AG Holder said, “[W]e reject the use of military force where well-established law enforcement authorities in this country provide the best means for incapacitating a terrorist threat.” So, let me guess … Obama will determine the definition of “well-established,” and I believe he would exclude Sheriff Joe and others like him, especially those who say they will not honor any laws regarding disarming the public. The will say such law enforcement authorities are NOT well-established.

  • mesocyclone

    You know what… war is hell. War by judiciary is suicide. The political cost of actually killing someone without good justification is high enough, even in this land of lapdog media, to provide a good deterrent.

    If I thought Obama was really stupid enough to attack non-combatants with any kind of lethal force, it would be different. If he were stupid enough to do use lethal force when lesser means would suffice, that would be politically very bad. Look at the outrage about Waco when ATF/FBI used lethal force unnecessarily.

    I think the dangerous trend that we *should* be really worried about is the growing militarization of police, mostly local but also federal, and the related over-use of heavily armed SWAT teams in no-knock raids where no threat to innocents exist *until the raid starts!*

    Real innocent Americans already are being killed by this. Worrying about drones is just silly. Worry about the context behind the use of deadly force in general, not the instrumentality.

  • mesocyclone

    Kent state was a case of scared, poorly trained soldiers acting in what they felt was self defense. It wasn’t justified, but it sure wasn’t the premeditated use of force involved in “droning” someone. The soldiers were being provoked by those who hoped for violence. I’ve been to some Vietnam anti-war rallies, and the radicals there would have loved another Haymarket (Haymarket is celebrated by the left as the use of deadly force against peaceful strikers, when in reality the deaths were due to a bomb used by an anarchist). And as streiff points out, Kent State was not a federal action.

  • mesocyclone

    Actually, the drone just makes it easier for police to use precisely targeted force. They already have the means to apply lots of deadly force. Armed drones in the hands of terrorists, on the other hand, would be quite dangerous.

  • streiff

    the issue doesn’t concern drones in the hands of the police.. which mostly don’t have them. The issue is about the use of drones, piloted by either the military or CIA within the United States.

  • streiff

    there was a lot of evidence that there was an active conspiracy within that Ohio Guard unit to fire on the demonstrators and the investigating commission ruled that there was no legal justification for the use of deadly force.

  • celador2

    Pr Bill Clinton and AG Reno went on to serve another term2 and neither suffered politically for the whitewash around Waco and Ruby Ridge. No one was ever held accountable all the way to the top.
    .

  • celador2

    Growing police states and with cams everywhere does not make us safer. We need to know how to defend ourselves better from criminals and not rely so much on police.
    Why do you dismiss drone issues and expanded presidential powers with deadly force without due process as nothing but find local police militarization the only threat.

  • streiff

    Ruby Ridge took place under GHW Bush

  • celador2

    Thank you for the timeline.