Saturday 27th August 2016

Home » Featured Today » Currently Reading:

A Legal Way To Kill?

April 27, 2014 Featured Today No Comments

By ANDREW P. NAPOLITANO

When President Obama decided sometime during his first term that he wanted to be able to use unmanned aerial drones in foreign lands to kill people — including Americans — he instructed Attorney General Eric Holder to find a way to make it legal — despite the absolute prohibition on governmental extra-judicial killing in federal and state laws and in the Constitution itself.
“Judicial killing” connotes a lawful execution after an indictment, a jury trial, an appeal, and all of the due process protections that the Constitution guarantees defendants. “Extra-judicial killing” is a targeted killing of a victim by someone in the executive branch without due process. The president wanted the latter, and he wanted it in secret.
He must have hoped his killing would never come to light, because the Fifth Amendment to the Constitution could not be more direct: “No person shall be . . . deprived of life, liberty or property without due process of law.”
Due process has a few prongs. The first is substantive, meaning the outcome must be fair. In a capital murder case, for example, the defendant must not only be found guilty by a jury, but he also must truly be guilty.
The second prong of due process is procedural. Thus, the defendant must be charged with a crime and tried before a neutral jury. He is entitled to a lawyer, to confront the witnesses against him and to remain silent. The trial must be presided over by a neutral judge, and in the case of a conviction, the defendant is entitled to an appeal before a panel of three neutral judges.
The third prong of due process means that the defendant is entitled to the procedures “of law,” that is, in the federal system, as Congress has enacted.
There are numerous additional aspects of due process, the basics of which emanate from the Constitution itself. Yet, the “of law” modifier of the constitutional phrase “due process” gives Congress, not the president, the ability to add to the due process tools available to a defendant. Congress may subtract what it has added, but neither Congress nor the president may remove any of the tools available to the defendant under the Constitution.
Until now.
Now, we have a president whose principal law enforcement and intelligence officers have boasted that the president relies on a legal way to kill people without the time, trouble, and cost of due process. The president himself, as well as the attorney general, boasted of this, as did the director of national intelligence and the director of the CIA.
Yet, when asked by reporters for The New York Times for this legal rationale, Holder declined to provide it. He argued that the legal rationale for the presidential use of extra-judicial killings was a state secret, and he dispatched Department of Justice (DoJ) lawyers to court, where they succeeded in persuading a federal judge in New York City to deny the Times’ application to order the government’s legal rationale revealed.
How can a legal rationale possibly be a state secret? The facts upon which it is based could be secret, but the laws are public, the judicial opinions interpreting those laws are public, and there are no secret non-public parts of the Constitution. Yet notwithstanding the above observations, the Times lost.
The judge who dismissed the case obviously was uncomfortable doing so. She wrote:
“The Alice-in-Wonderland nature of this pronouncement is not lost on me; but after careful and extensive consideration, I find myself struck by a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules — a veritable Catch-22. I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reason for their conclusion a secret.”
Two weeks after Judge Colleen McMahon begrudgingly dismissed that case, the feds decided to gloat, and so they leaked a 16-page summary of their “secrets” to a reporter at NBC News. To the federal appeals court to which the Times appealed, that was the last straw. It is one thing, the appellate court ruled, for the president and his team to boast that they know how to kill legally by finding a secret “adequate substitute” for due process and keeping the secret a secret, but it’s quite another for them to reveal a summary of their secrets to their favorite reporters.
Thus, earlier this past week, a three-judge panel of the U.S. Court of Appeals for the Second Circuit unanimously ordered the DoJ to reveal publicly its heretofore secret rationale for extra-judicial killing.
Welcome to the strange new world of Barack Obama’s war on terror, in which there are no declarations of war against countries that foment or harbor enemy activities, as the Constitution authorizes, and in which the president claims the powers of a king by killing whomever he wishes under a rationale that his lawyers wrote for him and that he has desperately tried to keep secret.
The Obama administration is probably right to fear the revelation of this so-called legal way to kill. The appellate court decision is a profound and sweeping rejection of the Obama administration’s passion for hiding behind a veil of secrecy. But it is not a decision on the merits: It does not address whether the president may kill, and it only lifts a small corner of his veil.
We already know that behind Obama’s veil lies a disingenuous president who claims he can secretly kill fellow Americans. Who knows what else we will find?

+    +    +

(Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written seven books on the U.S. Constitution. The most recent is Theodore and Woodrow: How Two American Presidents Destroyed Constitutional Freedom.)

Share Button

2016 The Wanderer Printing Co.

Video: Biological males can stay overnight with female, but parents can’t be told, school officials say

NewsGenderThu Aug 25, 2016 – 2:22 pm EST ANNAPOLIS, MD, August 25, 2016 (LifeSiteNews) – A Maryland school district will allow members of one biological sex to sleep in the bedrooms of the opposite sex during school activities – and…Continue Reading

Two Catholic nuns found murdered in Mississippi home

Two nuns who worked as nurses and helped the poor in rural Mississippi were found murdered in their home Thursday, and there were signs of a break-in and their vehicle was missing, according to officials. The nuns were identified as…Continue Reading

Life isn’t black and white – teach priests to discern the gray, Pope says

Vatican City, Aug 25, 2016 / 04:18 am (CNA/EWTN News).- In a conversation with members of the Jesuit order from Poland, Pope Francis said the real life situations of everyday Catholics aren’t black and white, but rather vary on a…Continue Reading

Vatican newspaper article: Pope’s apostolic exhortation is magisterial teaching

August 24, 2016 Writing in the Vatican newspaper, a Spanish ecclesiology professor said that Pope Francis’s apostolic exhortation Amoris Laetitia is part of the non-definitive ordinary Magisterium of the Roman Pontiff to which the faithful owe religious submission of intellect…Continue Reading

BREAKING: Leaked e-mails show George Soros paid $650K to influence bishops during Pope’s US visit

August 23, 2016 (LifeSiteNews) – Leaked emails through WikiLeaks reveal that billionaire globalist George Soros – one of Hilary Clinton’s top donors – paid $650,000 to influence Pope Francis’ September 2015 visit to the USA with a view to “shift[ing]…Continue Reading

Catholic school faculty member sues school after she’s fired for being gay

A lesbian teacher was fired from Paramus Catholic High School after administrators learned that she was married to a woman, according to her lawsuit. Kate Drumgoole, 33, was the school’s head basketball coach and dean of guidance when the school…Continue Reading

Scottish Catholic Church denies supporting ‘mandatory’ LGBT activist school program

GLASGOW, Scotland, August 19, 2016 (LifeSiteNews) — The Catholic Church in Scotland is flatly denying that it is lending its support to advancing a pro-homosexual curriculum in Catholic schools, despite secular as well as gay news sources claiming the opposite.…Continue Reading

Amid falling sales, Target responds to backlash with $20 million plan for single-stall bathrooms

target

NewsGenderThu Aug 18, 2016 – 2:57 pm EST Amid falling sales, Target responds to backlash with $20 million plan for single-stall bathrooms  #flushtarget , bathroom bills , target , transgender , transgenderism MINNEAPOLIS, August 18, 2016 (LifeSiteNews) – Facing…Continue Reading

Pope Emeritus Benedict XVI Signs New Book Deal with Bloomsbury

Indeed, it’s official. Bloomsbury is announcing that Pope Benedict has a new book coming in November 2016, entitled, The Last Testament. It appears to be 224 pages. Ever since Bloomsbury merged (“bought out?”) T & T Clark, they have been…Continue Reading

Transgender Bathroom Access Extended to All Federal Buildings–Including Prisons

The Obama administration is set to unveil a new regulation this week that will expand transgender people’s access to restrooms consistent with their “gender identity” to thousands of federal buildings and facilities across the country — including prisons. Buzzfeed News…Continue Reading

Satanic ‘Black Mass’ held in Oklahoma City

OKLAHOMA CITY (KOKH) — A small group attended an event held by a satanic church in Oklahoma City Monday night. The ‘black mass’ was met with Christian masses and prayer rallies. Leaders of Oklahoma City’s Church of Ahriman set the…Continue Reading

Uplifting Story . . . Gymnast Simone Biles soars to Olympic gold while grounded in Catholic faith

olympics

RIO DE JANEIRO, Brazil, August 10, 2016 (LifeSiteNews) — When three-time world champion gymnast Simone Biles flew to Rio de Janeiro for the Olympic Games, the 19-year-old carried a rosary her mother gave her and a St. Sebastian medal from…Continue Reading

Newsmax

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our new website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for over 145 years in our weekly print edition. Now we are introducing the online daily version of our print journal.


  Our daily version offers only some of what we publish weekly in print. To take advantage of everything The Wanderer publishes, we encourage you to su
bscribe to our flagship weekly print edition, which is mailed every Friday or, if you want to view it in its entirety online, you can subscribe to the E-edition, which is a replica of the print edition.
 
  Our daily edition includes: a selection of material from recent issues of our print edition, news stories updated daily from renowned news sources, access to archives from The Wanderer from the past 10 years, available at a minimum charge (this will be expanded as time goes on). Also: regularly updated features where we go back in time and highlight various columns and news items covered in The Wanderer over the past 145 years. And: a comments section in which your remarks are encouraged, both good and bad, including suggestions.
 
  We encourage you to become a daily visitor to our site. If you appreciate our site, tell your friends. As Catholics we must band together to rediscover our faith and share it with the world if we are to effectively counter a society whose moral culture seems to have no boundaries and a government whose rapidly extending reach threatens to extinguish the rights of people of faith to practice their religion (witness the HHS mandate). Now more than ever, vehicles like The Wanderer are needed for clarification and guidance on the issues of the day.

Catholic, conservative, orthodox, and loyal to the Magisterium have been this journal’s hallmarks for five generations. God willing, our message will continue well into this century and beyond.

Joseph Matt
President, The Wanderer Printing Co.

Untitled 1

Enter Comments Below

This Weeks Comments And Letters . . .

Culture Of Life 101 . . . “An Introduction To The Problem Of Euthanasia”

By BRIAN CLOWES Part 2 (Editor’s Note: Brian Clowes has been director of research and training at Human Life International since 1995. For an electronic copy of chapter 23 of The Facts of Life, a 150-page treatise on all of the aspects of euthanasia, e-mail him at bclowes@hli.org.) + + + We have covered the definitions of the varieties of…Continue Reading

Today . . .

For David Daleiden, Soros money shows Planned Parenthood in a panic

Washington D.C., Aug 26, 2016 / 10:55 am (CNA).- A leaked grant report from the Open Societies Foundation seems to show Planned Parenthood and its allies in a panicked effort to raise millions of dollars to counter a series of investigative videos alleging the abortion provider broke the law. For undercover journalist David Daleiden, it’s a sign of hope. “It shows that the issue of selling baby body parts for profit is an issue that…Continue Reading

Meeting Point Sex Ed Program Not Ready for Catholic Schools

The Meeting Point: Course of Affective Sexual Education for Young People (http://www.educazioneaffettiva.org/) is a high school-level sex education program developed by “a group of married couples in Spain,” supported by the Spanish Bishops’ Conference and released online by the Vatican’s Pontifical Council for the Family in July 2016.  It is intended for use in Catholic high schools, parishes and homes. Although The Cardinal Newman Society does not formally review educational materials, we have taken a…Continue Reading

Why this diocese is ditching Common Core for liberal arts

Marquette, Mich., Aug 24, 2016 / 03:02 am (CNA/EWTN News).- The Diocese of Marquette in Michigan says it is already experiencing success in their process of adopting a Catholic liberal arts curriculum for all its schools, rather than using Common Core State Standards. The schools in the diocese previously had no set curriculum. The adoption of a classical curriculum comes at a time when two bills that would repeal and replace the Common Core State

Baton Rouge Establishes Special Flood Victims Fund

By KATHLEEN NAAB The Diocese of Baton Rouge, La., is welcoming assistance as so many thousands of people have lost homes or property and many have been killed in the massive flooding affecting the state. “The historic flooding that has taken place has impacted nearly every corner of our diocese, and our parishes and schools are struggling to recover in an effort to provide for the spiritual and educational needs of their parishioners and students,”…Continue Reading

Catholic Politician Defends Abortion, Says Catholic Church Doesn’t Think Unborn Babies are People

Minnesota state Rep. John Lesch is a Catholic and a politician in the conservative mid-west. He also supports abortions. Lesch, a board member of the pro-abortion group Catholics for Choice, wrote a column for The Hill this week explaining why he supports abortion and why other Catholic politicians should, too. “I came of age in a time when we learned to respect a woman’s conscience-based decisions, and we were more cautious of the institutional church’s…Continue Reading

Government: New 700,000-Word Regulation Is Good For You

By TERENCE P. JEFFREY The nine-second video of two federal bureaucrats the White House posted on its blog the past week was notable for something it omitted. That something was very big — and putting it on display might not have fit with the apparent propaganda purpose of the video. The video itself starred EPA…Continue Reading

With Different U.S. Policies… Imagine The Possibilities In Africa

By FR. SHENAN BOQUET (Editor’s Note: Fr. Shenan Boquet is the president of Human Life International. He and Brian Clowes, HLI’s director of research and training, recently went on a pro-life mission to Tanzania; see the article on the front page of The Wanderer, August 18, 2016. In the article below, Fr. Boquet thanks all…Continue Reading

Restoring The Sacred… “The Expense Is Reckoned, The Enterprise Is Begun; It Is Of God”

By JAMES MONTI The recent slaughter in odium fidei of the 85-year-old French priest Fr. Jacques Hamel on July 26 shortly after two terrorists stormed into the church where he was celebrating the Holy Sacrifice of the Mass is a vivid manifestation that the price for being a faithful Catholic has been rapidly escalating of…Continue Reading

Summer 1916 . . . The Second Apparition Of Angel Of Portugal

By DONAL ANTHONY FOLEY The previous article on this topic (April 28, 2016, p. 8A) looked at the first of the three apparitions of the Angel of Portugal, or the Angel of Peace, to the three Fatima seers, Jacinta and Francisco Marto, and Lucia dos Santos, in the spring, summer, and autumn of 1916. This…Continue Reading

ISIS And Other Useful Fictions

By JUDE P. DOUGHERTY Islamic State (ISIS or Daesh) and al-Qaeda are useful fictions. “Islamicist” is another ill-used word. Has anyone ever identified the borders of the so-called Islamic State, identified the site of its central government, attributed to it a president, prime minister, cabinet, parliament, or congress, or anything resembling such? Even the most…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

The Mystagogy Of The Celebration Of Baptism

By DON FIER The baptism of Jesus in the Jordan River marked a turning-point in His life. Having lived in a hidden manner in obedience to Mary and Joseph for thirty years (see Luke 2:51), our Lord now began His public ministry by freely submitting to the penitential baptism of St. John the Baptist. Although unblemished by sin and in…Continue Reading

Catholic Replies

Q. Can you possibly provide the name and e-mail address of the bishop of the “renowned” Catholic Vice President Joe Biden? This latest mockery of his faith — officiating at the “marriage” of two men — cries for some type of action from the shepherd of his flock. I would like to be able to communicate my concern to the…Continue Reading

Prepare For Eternal Life

By FR. ROBERT ALTIER Twenty-Third Sunday In Ordinary Time (YR C) Readings: Wisdom 9:13-18b Phmn. 9-10, 12-17 Luke 14:25-33 In the first reading the question is asked about who can know God’s counsel or conceive what the Lord intends. We know that God’s ways are not our ways; we know that God looks into the heart while we look at…Continue Reading

Divine Mercy And Justice

By Raymond Leo Cardinal Burke Part 2 (Editor’s Note: His Eminence Raymond Leo Cardinal Burke delivered the address below at the Consecration Weekend, The Marian Catechist Apostolate, Shrine of Our Lady of Guadalupe, La Crosse, Wis., July 23, 2016. Because of its length, we are publishing it in two parts; part 1 appeared in last week’s issue. And also because…Continue Reading

A Leaven In The World… Moral Outrages Mount While Bishops Snooze

By FR. KEVIN M. CUSICK The U.S. bishops’ conference is a leadership disaster. Joe Biden presiding over the marital simulation ceremony of two men who work in the Obama administration was the latest unanswered provocation to assail the American portion of the Body of Christ. Vice President Biden has completely sold-out on Church teaching. He enthusiastically promoted the rainbow revolution…Continue Reading

Catholic Heroes . . . St. Euphrasia Eluvathingal

By CAROLE BRESLIN In 1605 Fr. Robert De Nobili, a Jesuit priest, arrived in India to evangelize the people. He found them to have a noble bearing and a deeply spiritual life filled with fasting, prayer, and meditation. Difficulties presented themselves to him as he struggled to convert them: “If these people did not see me do such penance, they…Continue Reading

Catholic Heroes . . . St. Joseph Of Cupertino

By CAROLE BRESLIN Now that the school year has begun, students — especially Catholic students — will find recourse to their favorite patron saint of studying. Some may choose St. Thomas Aquinas or St. Augustine of Hippo. For those students who find it difficult to retain what they read and write about it, perhaps this saint will encourage them: St.…Continue Reading