A Citizen Is Suing the US for Putting Him on the 'Kill List'
rollingstone.com
rollingstone.com
The article makes a few mentions of how perhaps killing non-Americans isn't fine either:
> We wiped out the Geneva Convention by creating the unlawful enemy combatant, a term that simply means a person not protected by the Geneva Convention.
But even for the Rolling Stone the discussion has mostly moved on. The post-9/11 world of killing people in "warzones" (war was never declared) without any regard for the Geneva Convention is taken as a given.
Active and believable threats directed at the US, including sending resources and fighters to actively engage the US. It'd be great if we could give just give Iraq a ring and ask them to go shove a boot up these folks other-sides, but since they're massively losing cities and land to these warlords, they're not really in a place to handle the situation themselves. Something about a terrorist group taking large swathes of your land, borderline enslaving your people into forced labor and selling the pretty ones as "wives" to be raped endlessly kind of makes it hard to function as a normal country.
> to what extent the US is really threatened by people on the other side of the planet?
https://en.wikipedia.org/wiki/List_of_terrorist_incidents_li...
+ June 2016
+ November 2016
+ October 2017
American police kill more Americans than do terrorists. I'd call that an active and believable threat:
https://www.washingtonpost.com/graphics/2018/national/police...
https://www.newsweek.com/how-many-americans-do-cops-kill-eac...
https://www.theguardian.com/us-news/series/counted-us-police...
https://www.huffingtonpost.com/jerome-karabel/police-killing...
http://www.globalresearch.ca/police-violence-us-cops-killed-...
So when will the war on police start?
The June 2016 incident, the "Pulse" nightclub mass shooting, is a good case in point. The person involved wasn't "sent" to the US, he was a US-born national living in the US who'd never visited the middle East. He seems to have been radicalised by speech in the same way that other mass shooters were.
During his calls to 911 he said directly that the US bombing campaigns in the Middle East led to his mass shooting. He seems to be a direct example of how backwards US policy is.
Could that money not be spent better elsewhere to prevent other types of deaths? I think the U.S. and American politicians accept increases in budgets to the military so easily, that they don't even think about whether or not those resources are used effectively anymore.
It's hard to wage terrorist activities when you're fighting a literal multi-sided war.
We all know the answer to that one: we'd all be living under "amateur" Taliban, Mafias and worse anywhere near any large city, with constant public executions for "sacrilege" and for "competing" with the Mafia, and for ... There would be no international (or generally non-private) flights, and so on.
"Oh hey, yeah, sorry that a terrorist group armed someone to shoot up a gay nightclub, we feel real bad about that, but we need at least a hundred more people killed before we can do anything."
That's the usual response to white mass shooters in the US, yes. Especially in response to discussions of gun control.
Maybe as a thought experiment, try applying similar logic the other way around: should any other country have gotten involved in e.g. the Ferguson situation? If so, would that be considered an act of war by the US?
See for example Pakistan:
"Pakistan has repeatedly protested these attacks as an infringement of its sovereignty and because civilian deaths have also resulted, including women and children, which has further angered the Pakistani government and people."
https://en.wikipedia.org/wiki/Drone_strikes_in_Pakistan#Paki...
"the US policy of considering all military-age males in a strike zone as militants"
In other words: even IF you assume that killing someone because they're "militants" is automatically okay, the people "pulling the trigger" barely ever know who they're killing, yet they retroactively count them as "probably bad enough to be droned".
John Oliver had a good segment on the issue:
For instance, one part of international law said that France and the UK (and several others) would declare war on Russia if Russia ever violated the territory of the Ukraine, which it did when it annexed Crimea ... [1]
Is it that "legal framework" you're talking about (international treaties) ? Why don't you complain that a new world war wasn't started, despite the "legal framework" (ie. international treaties) stating that we should to respond to Russia's provocation ?
Weird how people have such selective application of law and weird interpretations.
Interpretations ? Yes, by the way. Why don't you go through those human rights treaties, and verify these questions for me ?
1) if you take actions against a foreign state or military without wearing a uniform, what rights do you have ? None. You can be shot on sight, with collateral damage around you (no limits, so theoretically we could nuke terrorists), by a foreign force, on the territory of a different state than the one controlling the foreign force.
2) WHO makes the determination if you fall under that category from question 1) ? The "on the ground" commander of the force shooting you. This decision is final and cannot be contested by courts afterwards.
3) It does not matter why that force is there, whether they're invading, just visiting, protecting dignitaries, or in fact just entering that territory to eliminate terrorists.
Read through the human rights treaties (start here [2]) and point out where I'm wrong.
[1] https://en.wikipedia.org/wiki/Budapest_Memorandum_on_Securit...
[2] http://www.un.org/en/universal-declaration-human-rights/
Now what?
I'm just as curious about your ideas, honestly.
Only if you adhere to the false belief that a declaration of war requires particular magic words and that the 9/11-motivated AUMF is not an open-ended conditional (on Presidential determination) declaration of war.
> without any regard for the Geneva Convention
Which of the Geneva Conventions is being ignored, and how?
Because the alternative, a “magic words” requirement for invoking the power to declare war, is (1) inconsistent with the way every other Article I power is treated, and (2) was conclusively rejected by the courts while the ink was still practically wet on the ratification of the Constitution, in Bas v. Tingy (1800).
> Plenty of Senators disagree with you.
There are all kinds of false beliefs publicly embraced (and perhaps actually believed, but that's harder to assess) by plenty of Senators, but I don't see any evidence that the particular one I took issue with upthread is one of them.
It's interesting how you dismiss things you don't agree with as "magic words". What is the existing AUMF other than a set of "magic words" that gives the President the ability to send soldiers into any country at any time for almost any reason?
Any idea how many countries we are currently fighting in based on this AUMF? Does it bother you that there were/are soldiers fighting in Niger without Congressional knowledge? Did all of these terrorist organizations exist when the AUMF was passed? If not, how can it possibly apply to them?
The only concern should be whether they are proven to be dangerous terrorists, not what their nationality is. If it's okay to kill a dangerous Afghan terrorist in a war zone in Afghanistan, then it's also okay to kill a dangerous American terrorist in a war zone in Afghanistan. Outside of war zones, I don't see any excuse for killing anyone, unless in self defense.
I am still not sure about what to think of the whole drone war. I see how it saves hundreds of thousands of lives, compared to bringing in ground troops, but it sure feels wrong and dystopian.
The more of this stuff we collectively condone the more the Bin Laden's of this world are winning. That's the real tragedy, that after 9/11 the West lost its moral compass.
"This is asymmetric warfare in which the adversary is not a hypothetical threat, but has killed many thousands of people globally (not just 9/11). By joining a hostile armed force they can be legally killed in combat operations against that force. By operating asymmetrically, they are relinquishing more rights under the Geneva convention. Because of the nature of this, trial by jury could put humint allies at risk"
Parts of the way this "war" is being prosecuted is wrong, but I don't think this an utter abdication of a moral compass. There really are people planning and executing plans to kill other people, and they should be stopped.
Obviously this story shows that are some disgraceful flaws in the the way the process is set up and executed.
[1] https://www.thebureauinvestigates.com/projects/drone-war
JOINT RESOLUTION Resolved by the Senate and the House of Representatives of the United States of America in Congress assembled:
Declaring that a state of war exists between the armed militant groups of Jundallah, Tehrik-i-Taliban, Lashkar-e-Islam, TNSM, al-Qaeda, ISIL and their successor and fraternal organizations within Waziristan and neighboring provinces and the Government and people of the United States, and making provision to prosecute the same.
Whereas, the recent acts of by the militant groups are acts of war against the Government and the people of the United States:
Resolved by the Senate and the House of Representatives of the United States of America in Congress assembled, That the state of War between the United States and the militant groups of Waziristan which has been thrust upon the United States is hereby formally declared; and
That the President be, and is hereby, authorized and directed to take immediate steps not only to put the country in a thorough state of defense but also to exert all of its power and employ all of its resources to carry on war against the militant groups and to bring the conflict to a successful termination.
-------------------
And then they vote on it and it passes. And the Supreme Court finds that there is nothing unconstitutional about it.
Armed militant groups are first and foremost the problem of the countries bordering and including the territory these militants operate in.
Any action against them by foreigners not otherwise involved in the region is an act of war in and of itself.
Imagine - I know this is a tricky one - Russia intervening in North Dakota between two rival bike gangs. The United States would see this as an act of war against the USA, and rightly so.
The only way this could happen is if there was a direct invitation from one of the governments of the affected countries and this would then still be limited to the territory of that country.
Declarations of war identify an enemy, they don't (inherently, though they could also do this) limit the geographic area in which forces of that enemy will be attacked.
> Imagine - I know this is a tricky one - Russia intervening in North Dakota between two rival bike gangs. The United States would see this as an act of war against the USA, and rightly so.
Yes, but that doesn't make declaring (or prosecuting) war against non-state actors impossible, it just means that prosecuting such a war will either require cooperation of or conflict with other states.
That's often true with regard to third-party states in interstate war, too, whose territory is often violated (or, in some cases, the entire country occupied, as the British did to Iceland in WWII) without declaration of war as part of prosecuting a declared war against some other state.
So the American Civil War wasn't a war, since the south wasn't another country? The Chinese civil war wasn't a war? The Iruqois Wars weren't wars? The Seljuk-Crusader War wasn't a real war? The War of the Sicilian Vespers wasn't a real war? The War of the Succession of Champange wasn't a real war?
It seems like there's about 4,000+ years of natural language clearly establishing that a war is NOT just about fights between two nation states.
But, hey, I could be wrong. It wouldn't be the first time Congress has passed a resolution that ended up being found unconstitutional and it won't be the last.
No, it was a Civil War. As you already wrote.
> The Chinese civil war wasn't a war?
No.
> The Iruqois Wars weren't wars?
You are really reaching now.
It seems to me that you are trying very hard to hold on to the idea that there is such a thing as a 'war on terrorism' but the whole thing is nonsense, just as much as the 'war on drugs' or any other mis-use of the term.
> But, hey, I could be wrong.
Yes you are.
> It wouldn't be the first time Congress has passed a resolution that ended up being found unconstitutional and it won't be the last.
It's not the constitution of the United States that matters here but international law.
If you want an example of an actual exercise of Congressional power to declare war that applies (conditioned on Presidential determination) to both state and non-state actors, see the 9/11 AUMF.
IOW, been there, done that, and that's what got us where we are.
(OTOH, this is a discussion specifically about American action, anyway.)
If you are of the opinion that this is not the case then maybe America should withdraw from the Geneva convention and various other useful treaties as well because after all, what's the point in having rules of engagement if you're going to ignore them anyway...
Yeah, but declarations of war (whether with or without magic words) aren't really important in a legal sense in that domain. Alexander Hamilton observed that they were falling out of use internstionally before the US Constitution was ratified, and the post-WWII international order has essentially made them moot with the recognition of aggressive war as a crime against peace. Fighting a defensive war once hostility was initiated (or, perhaps, clearly imminent) has long been accepted as valid with or without declaration, so with aggressive war itself a crime, there is no war legitimized by a formal declaration.
The international laws governing armed conflict are operative based on the fact of such conflict and the identity of the parties to it, not declarations of war.
That's the whole reason the Geneva convention was created to begin with, to differentiate between combatants and non-combatants. Now, it absolutely sucks that the other party doesn't play by the rules but that is no reason to stop playing by those rules ourselves. The moment we do so we stoop to that same level.
Anyway, that's a past station by this point and I'll probably have a hard time convincing you that on the evening of 9/11/2001 America had the keys to a new world order in its hands and squandered the opportunity by seeking petty revenge and economic advantage. The lesson learned that evening is that by doing what your enemy wants you to do you lose, big time. You can't wage war on ideas or on reactions.
Both the US and each of the groups it had targeted under the 9/11 AUMF has an identity.
Some of the targets are parts of diffuse groups with little central command structure, which makes it very hard to end a war against them (and harder still to draw and end to an open ended war where targets are added by loose association), which is a problem of the crafting of the AUMF, it's continuation in effect, and the Congressional oversight of the war effort.
In an international law sense, there's a host of valid questions about the adequacy and appropriateness of the rules governing conflicts involving non-state actors (such as Common Article 3 of the Geneva Conventions.)
> Now, it absolutely sucks that the other party doesn't play by the rules but that is no reason to stop playing by those rules ourselves.
I don't disagree, but drone strikes per se aren't a violation of the rules.
> I'll probably have a hard time convincing you that on the evening of 9/11/2001 America had the keys to a new world order in its hands
Well, yeah, that's a claim that would take some support.
> and squandered the opportunity by seeking petty revenge and economic advantage.
While I doubt the existence of the opportunity you suggest was squandered, I do think the US government did a grave disservice to both itself and the world community with it's conduct in the years immediately following 9/11, most especially, but not exclusively, in the naked war of aggression it leveraged domestic outrage at 9/11 to justify in Iraq.
And I think there are deep problems with the broader “War on Terror”, I just seem to disagree with you on the degree to which those problems are due to violations of clear proscriptions in international law or failure to observe ceremonial requirements.
If they're combatants, it's not political assassination. It's a combat operation.
If they're suspected combatants, it's still not political assassination. It may not be morally justified, but it's not political assassination. (And it still may be morally justified. You almost never have total certainty in discriminating between civilian and combatant, even in a formally declared war against a formal military.)
As the article lays out the assassinations are made based on death lists compiled by US intelligence agencies. They can put whoever they like on these lists, in this case they put a US citizen on it, for example. That's the paradigmatic example of political assassinations, and e.g. on a par with what the US did when they supported death squads in Chile, except that in Chile the death squads were mostly comprised of non-US citizens whereas drone strikes are conducted by US citizens.
Leaving aside the question of whether war was declared, and while war without declaration may be its own problem, both US and international law recognize that war exists (and the laws of war apply) when armed conflict is initiated, whether or not a declaration was made previously.
So? Of course the criminal justice resources are being used but at the same time there is a long list of transgressions that if they weren't a response to terrorism would invite just that.
> And I think the question of how to fight armed combatants in remote areas of the world is a real moral gray area (really: how many people should die to apprehend someone committing crimes of this type in a remote area of the world?
It's actually really simple, and not morally gray at all: If you can name your foe then you ask kindly for the nation where the foe is hiding to extradite them so they can be put on trial. If that fails then you're out of luck.
> The law enforcement/military people that would do this are 3-dimensional and their lives count).
This is the basis of the doctrine of 'force protection', worthy of a chapter all by itself and in many ways a substantial part of the problem. American lives are not worth even a little bit more than the lives of people of other nations.
So, in short: getting your hands on the perpetrators of terrorist attacks is roughly as hard as getting US 'contractors' extradited from the United States to Iraq for the crimes they committed. And that means that if it does not work you do not have an automatic 'ok' to go and kill those people because that makes you stoop to the level of nation state sponsored terrorism, aka acts of war.
Fortunately there's been detailed study of counterinsurgency since the end of WW2, looking for the most effective strategies, e.g.: https://www.rand.org/pubs/research_reports/RR291z2.html
"The "iron fist" COIN path, focused primarily on eliminating the insurgent threat, is historically less successful. A motive-based path (one that focuses on eliminating the incentives to support or participate in an insurgency) has been much more successful."
Seems like I can say US is opperating asymmetrically, so it's ok to kill all US citizens (or at least people who voluntarilly became US citizens). And it will have just as much validity. Like none...
I, for one, am OK with the fact that [almost] all terrorist attacks on US soil in the last 10 years have been domestic.
https://rightsanddissent.org/news/may-13-1985-the-day-a-city...
And sure it was considered unconscionable. Who went to prison in the administration of the time? Hint: not the police, military, or politicians who ordered it.
There's also the case in which the Air Force bombed Tulsa. Still, more African Americans, so it wasn't really a big deal (notice a trend?).
It's fine to be angry but not OK to twist basic facts.
Because of the way the 9/11 AUMF is crafted, there's no legal difference, just as there would have been no legal difference between bombing Japanese forces in WWII that happened to be found on US soil and bombing then in Japan or some third country.
There are, however, practical and political differences, which is why, e.g. when German unlawful combatants were identified in the US in WWII (after two of them turned themselves in to the FBI, who they had trouble convincing of the reality of the situation, and fingered the rest of the group), the government didn't send an assault force and level the neighborhood, but instead the FBI picked them up (and then handed then over to the military.)
There's one blip in that whole history where you can't say the same thing about casualties from such attacks as about attacks.
Sending in troops in this godforsaken places means losing more lives.
Say we have proof that a target is a known terrorist and that no civilians are around. Would you still risk the lives of 10 soldiers to catch him. Or of 2,996 and just let him go?
I do agree that the Americans probably don't have much proof of terrorism or other wrongdoing for many of the targets, and that so far they have stricken several times where civilians were around.
Having read TFA, this claim is laughable.
The only way to do it is via a fair due process and trial.
Once you reject the principle that "all people are created equally human", then you run the risk of being on the "wrong side", and treated in a sub-human manner.
Why does killing have to be the answer?
In our world, we sometimes have to fight. Sometimes, it's better to kill the terrorists than to risk that they attack us or to risk our soldiers getting killed in an attempt of bringing them in.
In the best of worlds, people would understand there's no such clear thing as "bad guys". Drone strikes kill defenseless civilians every day. Who is the bad guy to the father whose ten year old daughter was killed by a drone?
That is just chilling.
Mikhail Kalashnikov
The release of atom power has changed everything except our way of thinking... the solution to this problem lies in the heart of mankind. If only I had known, I should have become a watchmaker.
Albert Einstein
J. Robert Oppenheimer
But I go along with Einstein. The more technogy is avaiable to the masses, the more powerful a single persons becomes. There might come a time soon, when anyone could just tinker a atomic bomb together in his garage ... we seriously need to change our way of thinking, till that happens.
I do not see how that tracks from either the English translation, the original Russian name for the country: "Сою́з Сове́тских Социалисти́ческих Респу́блик", or the transliteration: "Soyúz Sovétskikh Sotsialistícheskikh Respúblik".
[0] https://www.amazon.com/Society-Sanity-Understanding-Live-Tog...
Abortion is a prime example.
Suppose for a second that the US was at war with Canada and John Doe was an American citizen, but he was serving as a uniformed combatant in the Canadian army. Under such circumstances, I can't imagine anyone would have a problem with the United States military killing John Doe in battle without trial.
Obviously, the circumstances around the kill list are murkier... The "war on terror" isn't a war in the traditional sense, terrorists or suspected terrorists are not uniformed combatants, the CIA is not necessarily the military, and it's not really certain that dropping a bomb on somebody's "cafe experience" is equivalent to killing them in a pitched battle in a declared war.
Still, I have a hard time imagining what rights a US citizen is supposed to be entitled to when they are effectively a foreign terrorist working to attack the US. Are we supposed to have a trial for them without them present? (We all know how that would go.) Ask for their home country to extradite them? (Country will almost certainly either be unwilling or incapable.) Send the Navy Seals to kidnap them and force them to stand trial? (Dangerous and wildly impractical, not to mention boots on the ground increasing the risk of creating a larger conflict with a foreign nation.)
Personally, I have two take-aways on the issue:
1) I wouldn't want to be the judge that has to sort this stuff out, and I hope they do it well. It's not easy.
2) I think the bigger problem is drone killings in other nations FULL STOP. Regardless of who the targets are, it's completely unacceptable for any country to think they can just fly into another nation's airspace and start dropping bombs on anybody they please without a declaration of war, some sort of cooperative MOU, or a join military exercise...
A. America tries to have a high standard of justice and the value of a life
VS
B. Countries at war usually will summarily kill enemies, defectors, and often innocents for convenience sake with 0 recourse or oversight.
---
I think the questions we need to ask are whether these looser moral standards we apply to actual wars should still apply to the situations overseas that are not declared wars by congress and have been going on for over a decade and involve targets who are not armed combatants on the battlefield.
We also need to ask at what point is a justification owed to the american people on this.
You are in table-top-gaming territory. Constructing arbitrary hypotheticals as your base condition doesn't make your arguments stronger, it makes them apply to a non-existent universe.
Part of the problem is that if you haven't given them a fair trial, you haven't proved they're a terrorist rather than an ordinary member of the public.
Or, for a concrete circumstance that actually occurred, substitute “Canada” for “Nazi Germany”; Americans fighting for the Nazis, in uniform or not, did not get special protection different from other Nazi combatants, either on the battlefield or when detained as prisoners (see, e.g., Ex Parte Quirin, in which two of the eight saboteurs detained and eventually sentenced by military tribunal to death as unlawful combatants were US citizens.)
I asked this question once before in the context of whether you are "breaking the law" if you flee from a cop that is shooting at you, but it seems apt here as well.
As an approximation, it might make sense to look as some analogues: the fifth amendment right not to incriminate yourself in a criminal trial, for example, speaks to a recognition of every humans' (even criminals') right to protect themselves. If you can't be forced to provide information against your interests, you can certainly not be obligated to inflict the ultimate punishment onto yourself.
A very similar train of thought finds expression in German law, where it is not a crime to break out of prison, a fact often justified by reference to a fundamental human urge to seek freedom (any property damage, or injury inflicted on others is, however, criminal).
For the non-citizen, it seems clear to me the judge's determining that there is no standing to even raise the issue in a US court is sound. If I was theoretically plotting against some other (non-US) nation - say, Canada for argument's sake - I have no relationship, obligation, or anything really with Canada. And they have none with me. So the idea that Canada should be forced to explain itself to me or prove anything to me is absurd. They owe me nothing and I owe them nothing (unless perhaps I am within their borders, then a few obligations are there for both sides).
For the US citizen, the court definitely has jurisdiction as this is a federal court and we're talking about the actions of the federal branch of the US government taking action against a citizen. Also, this is a civil case, so the question then becomes whether or not there is presiding law on this and whether the claims have merit. There is very little law for this specific type of case (drone strikes). The lawsuit didn't actually claim a rights violation (which seriously surprised me). But before all of that, the heart of this drone strike murder issue against a US citizen has it's roots in due process. The big question is whether or not due process still applies to actions against a citizen when not on US soil. That answer is most definitely not clear and to my knowledge has never been answered by a court. Clearly, the constitutional and the law in general apply within US borders. However, in most cases the law ends at the border. But there are things that citizens can do overseas and face charges for at home. So is the reverse true? Is there anything that the US government can do to us while we are not on US soil that violates the law? Does the obligation to protect (or at least not violate) my constitutional rights still exist once I cross the border? Until this question is answered, I don't think anything else in this case can be answered with certainty.
This also excludes the entire examination of potential criminal (not civil) violations or violations of international law, war crimes, violations of conventions like Geneva, Hague, etc.
https://en.wikipedia.org/wiki/Anwar_al-Awlaki#Death
> he became the first United States citizen to be assassinated by a U.S. drone strike without the rights of due process being afforded.[15][16] President Barack Obama ordered the strike.[17] His son, Abdulrahman al-Awlaki (a 16-year-old U.S. citizen), was killed in a U.S. drone strike two weeks later.[18] On January 29, 2017, al-Awlaki's 8-year-old daughter, Nawar Al-Awlaki, was killed in a U.S. commando attack in Yemen which was ordered by President Donald Trump.[19][20][21][22]
[1] Please note: I am not justifying Awlaki's work. He was an Al Qaeda member. But also a natural born American citizen.
He just grown an outward facing (meaning outside of Syria, english language) news/commentary website/following on twitter/youtube from northwest of Syria. He interviews various people, including members of various militias (leaders and non-leaders), civilians, etc. I think he also interviewed some ex-shabaab (Somalia) disillusioned members. He doesn't seem radical.
OGN is mildly interesting, as in it shows what some people deal with in the region, how militia leaders present themselves to the outside world, etc. But most of the news content can be obtained from elsewhere too. It was more unique when he was in besieged Eastern Aleppo.
Bombing this guy would be like bombing The Young Turks, or whatever. It's ridiculous. He's not even in a war zone. He's in Idlib de-escalation zone.
Edit: it was in the OP article.
There was some outcry about the president now having authority to kill even Americans without due process – “I think it’s sad,” said U.S. Congressman Ron Paul – but the uproar soon faded, and America’s assassination program accelerated still more. By late 2011, we’d killed more than 2,000 “militants.”
I'm not saying I agree with this -- I'm just trying to respond to your question.
Under the Obama administration, they decided to count all military-age males in a strike zone as enemy combatants, unless there was explicit intelligence posthumously proving them innocent [0].
Was a bomb dropped on a wedding to kill a terrorist? Well, all the other men aged 18-50 at the wedding are also classed as enemy combatants too, meaning 'no innocent civilians' were killed. Way to go Mr. Nobel Peace Prize winner.
0: https://www.theatlantic.com/politics/archive/2012/05/under-o...
https://en.wikipedia.org/wiki/Palmer_Raids
[the article implies the deportees were 'aliens' but I think the legalism here is wafer thin. I think they held themselves to be Americans, internationalists maybe, but not aliens]
I was very surprised when I read that the US state and federal authorities were calmly happy to deploy machine guns against strikers, and even more bemused when they chose to deport people and remove citizenship. I really didn't think states like "us" did that, but apparently I was wrong.
Australia reneges on the AU-NZ treaty all the time, deporting Kiwi's for trivial offences. Green card holders can be stripped and dumped for offences which citizens would walk away from with a finger wag.
I would love to know what U.S. citizens who have put thought into and truly believe that their second amendment protects them from their government abuse think of this.
On a semi-related note, I hope John Walker Lindh gets a hell of a party upon his release next May.
If it was such a slam dunk, why not arrest and prosecute under existing laws? That the federal government felt they needed to take unconstitutional steps undermines their credibility in my eyes.
Does that matter a single iota? Does the US legal system say somewhere you can hold people in prison with no rights because "they sort of are a terrorist, though"?
So what? Even terrorists have a right to a fair trial, and protection from arbitrary detention.
Innocent people should be protected from arbitrary detention, therefore everyone should get a fair trial to determine if it can be proved they are guilty, while they have the ability to defend themselves. An innocent person who is wrongly accused of bombing a kindergarten is just as innocent as a person who is wrongly accused of stealing a candy bar.
edit: this seems off the front page, which answers my (not hypothetical or sarcastically intended) question.
Unfortunately, any thread about Microsoft quickly devolves into a flamewar. Similarly, any thread about politics, especially one that can be brigaded from other places, will quickly turn into a flamewar.
It's not that dang (et al) remove just because they want to, they remove because it becomes toxic. They stay up and in place long enough to know that.
edit: agree entirely that the case in the article (Bilal Abdul Kareem) is no gray area. The difficulties interleaving points about the generality of a topic and specific cases.
HN (and the tech community) has a libertarian streak, in addition to being somewhat left-of-center. Stories like this tend to unite these fundamentally opposing constituencies, resulting in more substantive discussions than other political topics. It also helps that the story is fundamentally non-partisan, in that both major US parties can be blamed for the situation.
I still consider it a blemish on HN's conscience, and a failure of HN leadership's responsibility to the community, that topics where this community is in a prime position to actually affect change tend to bring out the worst in (some) people and have in effect been banned to keep the peace. I'm not just speaking of "diversity in tech", where I can somewhat see how it has the potential of instilling fear in those traditionally profiting from discrimination. There, I can at least understand the mechanism at work, even though I consider it logically flawed.
But even summoning all my powers to understand opposing viewpoints I cannot fathom why this community reacts as dismissive as it does to, for example, stories (and projects / algorithms / ...) of algorithmic discrimination in machine learning. It would seem to be a topic that's both interesting from a technological and scientific standpoint, as well as welcome to everyone working in the space and presumably preferring not to do harm vs the opposite.
My best explanation is that there is a fundamental disgust in the tech community now of everything coming from, or even associated with, the social sciences. My second-best explanation is that tech has taken a sharp right turn at some point in the last 15 years, which would also explain why I remember only united opposition against software patents, and support for open source, from the first slashdot discussions I read. Whereas today, I see lots of sympathy for software patents in HN threats, and Open Source (and especially the GPL) are often spoken of with disgust.
edit: I'm 100% opposed to migrant family separation and think it's vile. I'm talking about how to reunite those families.
If your definition of "solving" this is "figuring out where we put these people's kids", simple pen and paper bookkeeping would have fixed that.
The separation of families is an intentionally punitive tactic and could be "solved" by not doing it in the first place.
I.e. first rule is to submit something interesting, the second is to avoid politics, but, apparently if the topic is interesting enough politics can be included.
The examples you list are the regular kind of political turmoil. This drone thing, given how far spread it is, on the other hand chips away at the fundamentals of why western societies managed to generate so much added value in the past centuries.
Consistent rule of law and functioning judicial system were one of them.
Having some black ops teams on ground violating basic human rights is not as bad as having an automated kill system that picks of targets based on metadata and then forwards that to drone targeting team as a daily standard policy.
To add to that, there is the generic humanistic cry for basic human rights.
After this auto-kill thing with the drones the ground on which to argument for any sort of generic human rights quickly becomes really fragile, getting all sorts of exceptions like, well, geneva convention was written when thinking about white people only and besides, the old school democratic process gave equal rights only if you were a male and ranked among the landed gentry or higher.
To be blunt: it appears as if brown people in far away countries still in 21st century are not considered as important as people of... other complexion... so it's ok to kill them every which way is more convenient.
If you're referring to the current news headlines: those do not involve asylum seekers, that's not what asylum means.
It's a bit more shocking when you realize a Constitutional Law professor is the one who opened up this can of worms.
He was the sitting President and personally authorized the first extrajudicial assassination of an American Citizen in the GWOT.
As the Executive Chief, "The buck stops (t)here."
As in, there were extrajudicial assassinations of people before, but this one was too far because this time it was an American Citizen Capital A Capital C?
It is incredibly unnerving to see one's own government explicitly authorize the death of a fellow citizen without due process of law.
Do better.
We can do better when we try to understand someone else's perspective--get into their narrative instead of 5 second superficial scanning and immediately turn off.
try harder