Monday Reads: Oy.JUST.Oy.

taken by Lynda Woolard at the NOLA March for Women (scowling dakinikat in background)

Photo taken by Lynda Woolard at the NOLA March for Women (scowling dakinikat in background)

Things–unpleasant and dangerous–are beginning to happen that shows we’ve been taken over by the Alt Right and the horrifying historical meaning of “America First”.  It’s not just in the speeches any more.  Some of today’s executive orders are horrifying and signal to the world we’re a really hostile presence for every one.  It makes no difference if you’ve been our friends, allies, or enemies.  We’re an agent of chaos on a level heretofore unknown.

Frankly, I believe an economic crisis is on its way sooner than I thought possible. There are several actions that look distinctly like acts of war.  The winners for this move are China and Australia if you want to know where to invest your money.   Trump is ending free trade.  BTW, nutter Bernie is ecstatic.  I really don’t think they understand the concept of trade at all.

lynda-and-krewe-of-hillary-nola-womens-marchThis will not create US jobs.  If anything, it will take away the jobs of those who work for firms that export US goods.  As an economist, I cannot stress enough how devastating this will be to the US economy, our geopolitical and geoeconomic standing in the region, and our relations with other nations. Isolationism has never been–historically–a good thing.   Additionally, it will not save or re-create US jobs destroyed by technology. For example, it’s only a matter of years before there will be no need for long haul truck drivers. We’re already learning to be our own grocery checkers.

I  think the deplorables are going to really be hammered on all of this as well as the rest of working people.  What’s needed are unions to offset the self-dealing of Senior Management and excessive dividend programs.

President Donald Trump abruptly ended the decades-old U.S. tilt toward free trade by signing an executive order to withdraw from an Asia-Pacific accord that was never ratified and promising to renegotiate the North American Free Trade Agreement.

“Great thing for the American worker, what we just did,” Trump said on Monday after signing an order withdrawing the U.S. from the Trans-Pacific Partnership accord with 11 other nations. He didn’t sign any actions to direct a renegotiation of the Nafta accord with Mexico and Canada, yet he said on Sunday he would begin talks with the two leaders on modifying the pact.

“We’ve been talking about this a long time,” Trump said

nola-womans-marchMarching on Saturday with the 3 – 5 million others dampened my despair. I’m still extremely afraid of this insanity. But, it was so wonderful to know so many of us reject his delusions and aspire to create a more perfect union. We are a gumbo. We are a patchwork quilt. We are a jazz riff. We are so much more than Trump’s Narcissism can comprehend, respect, grasp, grok, appreciate, love … please enjoy my pictures of the NOLA March for Women and one other I got caught in by my friend Lynda Woolard who is–in turn–the red head in the photo shown second.  I’m scowling at the southern sun just to the right of the Vulva up top.

More on the executive orders he signed today which includes re-instating the Mexico City Policy and freezing federal hiring,  This is what putting America first is going to look like. Women, of course, were included in the slaughter. We will be hated more than we ever were before and we will likely hate ourselves.

“We must protect our borders from the ravages of other countries making our products, stealing our companies and destroying our jobs,” Mr Trump said in his short, nationalistic speech on Inauguration Day. “Protection will lead to great prosperity and strength.”

The TPP withdrawal order was one of three actions taken by the President in his third full day in office. He also ordered a freeze in government hiring and re-imposed a ban on providing federal money to international groups that provide abortions.

Mr Trump has criticised international free trade deals for rewarding companies to outsource work and has attributed the loss of US manufacturing to foreign labour.

girls-at-nola-womens-marchThe man is insane and has no idea of what he speaks.  Seriously, we’re headed to Depression. It’s the 30s all over again.

This is one piece of news that is also likely to isolate us from people we need as friends in the region.  It’s like to embolden suicide bombers and terrorists. IMHO, it is an act of war.   He plans to announce the movement of the US Embassy from Tel Aviv to Jerusalem.

UPDATE: The White House has now confirmed it is in the early stages of talks regarding the embassy’s move

Channel 2 cited an anonymous source as saying a member of the Trump administration would announce the highly controversial move on the President’s first full working day in office.

I imagine the Radical Chistianist Terrorists are preparing for the rapture–yet again–as we speak.

Here are some other things you may want to read.16251622_10154398555833512_4892005447479481464_o

From The New Yorker and the pen of Robin Wright: TRUMP’S VAINGLORIOUS AFFRONT TO THE C.I.A.

From Rolling Stone: The Radical Crusade of Mike Pence; He’s trampled on the rights of women, LGBTQ folks and the poor. Then there’s the incompetence. Meet, quite possibly, the next president

From the WSJ: U.S. Eyes Michael Flynn’s Links to Russia,Counterintelligence agents have investigated communications by President Trump’s national security adviser, including phone calls to Russian ambassador in late December

From Politico: Hillary Clinton plots her next move; The Democrat has been studying election presentations, including reports on where she underperformed.

From Variety:  CNN Declines to Air White House Press Conference Live

From Reuters:  Ethics lawyers to sue Trump over foreign payments

A group including former White House ethics attorneys will file a lawsuit on Monday accusing President Donald Trump of allowing his businesses to accept payments from foreign governments, in violation of the U.S. Constitution.

The lawsuit, brought by the Citizens for Responsibility and Ethics in Washington, will allege that the Constitution’s emoluments clause forbids payments to Trump’s businesses. It will seek a court order forbidding Trump from accepting such payments, said Deepak Gupta, one of the lawyers working on the case.

Trump does business with countries like China, India, Indonesia and the Philippines, the group noted in a statement.

“When Trump the president sits down to negotiate trade deals with these countries, the American people will have no way of knowing whether he will also be thinking about the profits of Trump the businessman,”

https://twitter.com/jonaschartock/status/822972043109011457

16142631_10154398966483512_8779650311873018180_nI really just can’t do today. I can’t.


Saturday Reads: America’s Greatest Mystery

JFK Assassination

Good Morning!!

In less than two weeks, our nation will mark the 50th anniversary of the assassination of President John F. Kennedy on November 22, 1963. I’ve spent quite a bit of time recently reading books and articles about the assassination and it’s aftermath. I have wanted to write a post about it, but I just haven’t been able to do it. For me, the JFK assassination is still a very painful issue–in fact, it has become more and more painful for me over the years as I’ve grown older and wiser and more knowledgeable about politics and history. Anyway, I thought I’d take a shot at writing about it this morning. I may have more to say, as we approach the anniversary. I’m going to focus on the role of the media in defending the conclusions of the Warren Commission.

I think most people who have read my posts in the past probably know that I think the JFK assassination was a coup, and that we haven’t really had more than a very limited form of democracy in this country since that day. We probably will never know who the men were who shot at Kennedy in Dallas in 1963, but anyone who has watched the Zapruder film with anything resembling an open mind, has to know that there was more than one shooter; because Kennedy was shot from both the front and back.

The reasons Kennedy died are varied and complex. He had angered a number of powerful groups inside as well as outside the government.

– Powerful members of the mafia had relationships with JFK’s father Joseph Kennedy, and at his behest had helped carry Illinois–and perhaps West Virginia–for his son. These mafia chiefs expected payback, but instead, they got Bobby Kennedy as Attorney General on a crusade to destroy organized crime. In the 1960s both the CIA and FBI had used the mafia to carry out operations.

– FBI boss J. Edgar Hoover hated Bobby Kennedy for “interfering” with the FBI by ordering Hoover to hire more minorities and generally undercutting Hoover’s absolute control of the organization.

– Elements within the CIA hated Kennedy for his refusal to provide air support for the Bay of Pigs invasion (which had been planned by Vice President Nixon well before the 1960 election), and for firing CIA head Allen Dulles.

– Texas oil men like H.L. Hunt and Clint Murchison hated Kennedy for pushing for repeal of the oil depletion allowance.

– The military hated Kennedy because of the Bay of Pigs, his decision to defuse the Cuban Missile Crisis by pulling U.S. missiles out of Turkey in return for removal of the missiles from Cuba instead of responding with a nuclear attack, his efforts to reach out to both the Nikita Krushchev of the Soviet Union and Fidel Castro of Cuba, his firing of General Edward Walker, and his decision to pull the military “advisers” out of Vietnam.

– Vice President Lyndon Johnson hated both Kennedys, and he knew he was on the verge of being dropped from the presidential ticket in 1964. In addition, scandals involving his corrupt financial dealings were coming to a head, and the Kennedys were pushing the stories about Johnson cronies Bobby Baker and Billy Sol Estes in the media.

What I know for sure is that after what happened to Kennedy (and to Martin Luther King and Bobby Kennedy), there is no way any president would dare to really challenge the military and intelligence infrastructure within the government. Richard Nixon found that out when a number of the same people who were involved in the Kennedy assassination helped to bring him down.

To long-term government bureaucracies, the POTUS is just passing through the government that they essentially control. Any POTUS who crosses them too often is asking for trouble. People who think President Obama should simply force the CIA, NSA, FBI and the military to respect the rights of American citizens should think about that for a minute. Can we as a nation survive the assassination of another president?
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Tuesday Reads: U.S. Spies on Foreign Countries and Other “Blockbuster” News

woman-by-a-window.matisse

Good Morning!!

In the weeks since Edward Snowden absconded with thousands of top secret National Security Agency (NSA) files and traveled to Hong Kong and then Moscow and handed over the documents to Guardian columnist Glenn Greenwald and filmmaker Laura Poitras, we’ve learned that the U.S. spies on lots of other countries. Snowden has revealed that NSA has spied on China, Russia, Germany, FranceBrazil, MexicoIsrael, Iran, and the UN. Oddly, we haven’t gotten much new information from Snowden about illegal or abusive NSA spying on Americans, which Snowden initially suggested was his reason for stealing the secret documents.

To most nominally intelligent and informed people, the fact that NSA spies on foreign countires is not particularly surprising; since collecting foreign signals intelligence (SIGINT) is the primary purpose of NSA as stated publicly on their website. Here is NSA’s statement of their “core mission”:

The National Security Agency/Central Security Service (NSA/CSS) leads the U.S. Government in cryptology that encompasses both Signals Intelligence (SIGINT) and Information Assurance (IA) products and services, and enables Computer Network Operations (CNO) in order to gain a decision advantage for the Nation and our allies under all circumstances.

The Information Assurance mission confronts the formidable challenge of preventing foreign adversaries from gaining access to sensitive or classified national security information. The Signals Intelligence mission collects, processes, and disseminates intelligence information from foreign signals for intelligence and counterintelligence purposes and to support military operations. This Agency also enables Network Warfare operations to defeat terrorists and their organizations at home and abroad, consistent with U.S. laws and the protection of privacy and civil liberties.

Spying on foreign countries is what NSA does. Why that is perceived as somehow illegal and/or shocking by Greenwald, Poitras, Snowden, and their cult followers, I have no clue. But the fact that a spy agency collects foreign signals intelligence really should not be considered breaking news; and the countries that are complaining about it are well known for spying on the US in return–and in some cases (e.g., China, Russia, and Israel) for famously stealing U.S. secrets and technology.

Today the Washington Post has a new “blockbuster” article that reveals that the U.S. is particularly focused on spying on Pakistan. Now I wonder why that would be? Anyone want to speculate? It couldn’t have anything to do with the fact that Pakistan concealed the location of Osama bin Laden for years, could it? Or the fact that Taliban and al Quaeda operatives regularly hide in Pakistan? Just a couple of wild guesses…

Here’s an excerpt from the WaPo article:

A 178-page summary of the U.S. intelligence community’s “black budget” shows that the United States has ramped up its surveillance of Pakistan’s nuclear arms, cites previously undisclosed concerns about biological and chemical sites there, and details efforts to assess the loyalties of counter­terrorism sources recruited by the CIA.

Pakistan appears at the top of charts listing critical U.S. intelligence gaps. It is named as a target of newly formed analytic cells. And fears about the security of its nuclear program are so pervasive that a budget section on containing the spread of illicit weapons divides the world into two categories: Pakistan and everybody else.

The disclosures — based on documents provided to The Washington Post by former intelligence contractor Edward Snowden — expose broad new levels of U.S. distrust in an already unsteady security partnership with Pakistan, a politically unstable country that faces rising Islamist militancy. They also reveal a more expansive effort to gather intelligence on Pakistan than U.S. officials have disclosed.

The United States has delivered nearly $26 billion in aid to Pakistan over the past 12 years, aimed at stabilizing the country and ensuring its cooperation in counterterrorism efforts. But with Osama bin Laden dead and al-Qaeda degraded, U.S. spy agencies appear to be shifting their attention to dangers that have emerged beyond the patch of Pakistani territory patrolled by CIA drones.

“If the Americans are expanding their surveillance capabilities, it can only mean one thing,” said Husain Haqqani, who until 2011 served as Pakistan’s ambassador to the United States. “The mistrust now exceeds the trust.”

The stolen files also reveal serious human rights issues in Pakistan and fears about the security of Pakistan’s nuclear weapons. Raise your hand if you’re shocked by any this. I can certainly see why these revelations would be harmful to U.S. national security and foreign relations, however.

Via The Jerusalem Post, another Snowden leak revealed by the Washington Post showed that members of terrorist organizations have tried to join the CIA.

…individuals with past connections to known terrorist entities such as al-Qaida, Hezbollah and Hamas, have repeatedly attempted to obtain employment within the CIA, The Washington Post reported on Monday.

Among job-seekers that seemed suspicious to the CIA, approximately 20% of that grouping reportedly had “significant terrorist and/or hostile intelligence connections.” The nature of the connections was not described in the document.

“Over the last several years, a small subset of CIA’s total job applicants were flagged due to various problems or issues,” an anonymous CIA official was reported as saying. “During this period, one in five of that small subset were found to have significant connections to hostile intelligence services and or terrorist groups.” [….]

The document also allegedly stated that the CIA re-investigates thousands of employees each year to reduce the possibility that an individual with these connections may compromise sensitive information.

Can anyone explain to me why this should be considered criminal or why the person who revealed it should be called a “whistle-blower?” It seems to me, the only reason for revealing the methods the U.S. uses to collect foreign SIGINT is a desire to harm U.S. Government and damage its foreign policy. Here’s Bob Cesca, who has consistently critiqued libertarians Snowden and Greenwald and their anti-government motives from a liberal, rational point of view: Greenwald Reports NSA Spied on Presidents of Brazil andMexico.

We’re not sure exactly which section of the U.S. Constitution protects the privacy rights of foreign leaders, but Glenn Greenwald and Edward Snowden appear to believe it’s in there somewhere. The tandem crusaders for the Fourth Amendment have once again extended their reach beyond what was intended to be their mutual goal of igniting a debate in the United States about the constitutionality of the National Security Agency’s surveillance operations, and, instead, opted to reveal that, yes, the U.S. spies on foreign leaders. Shocking, I know.

Specifically, on the Globo television show “Fantasico” in Brazil, Greenwald described a July, 2012 document stolen from NSA by Snowden, which describes how NSA had intercepted communications made by the president of Mexico, Enrique Pena Nieto, as well as Brazil’s president, Dilma Rousseff. (Incidentally, the Globo article contains 13 corporate trackers or “web bugs.”)

The goal of revealing this information is clear. Greenwald and Snowden have successfully exploited the “sparking a debate” motive as a Trojan Horse for injecting unrelated information into public view as a means of vindictively damaging the operations of U.S. and U.K. intelligence communities, not to mention the reputation of the United States as a whole, while also pushing the unrealistic message that surveillance is generally impermissible. Yes, we already knew that nations spy on other nations, but to publicly disclose specific instances of international spying — while on the soil of one of the nations being surveilled — confirms these suspicions and sorely embarrasses everyone involved.

But guess what? Both Mexico and Brazil have powerful spy agencies that conduct “active surveillance” on the U.S.

In Brazil, it’s called the Agência Brasileira de Inteligência (ABIN or the Brazilian Intelligence Agency). It deals with external and domestic intelligence gathering: collection and analysis of information that’s intercepted via both signals (SIGINT collects email, phone calls and so forth) and human resources.

In Mexico, it’s called S-2. Like ABIN or NSA, S-2 also collects SIGINT on foreign targets, with a special focus on the military operations of foreign governments. Along with its counterpart, the Centro de Información de Seguridad Nacional (Center for Research on National Security or CISIN), S-2 is tasked with counter-intelligence and counter-terrorism operations.

Has anyone overheard Greenwald mention, even in passing, either of these agencies? Likely not, and don’t hold your breath waiting for Greenwald to attack Brazil’s intelligence community, even knowing that it wiretapped its own Senate and Supreme Court several years ago. Along those lines, we don’t know exactly whether these agencies have attempted to spy on any of our presidents or government officials, but wouldn’t Greenwald, as a U.S. citizen and resident of Brazil, want to find out using the same “Glennzilla” tenacity he’s employed while exposing U.S. spying? If his crusade now involves universal privacy, wouldn’t that include violations by the Brazilian government, especially knowing that Greenwald lives in Rio de Janeiro?

Read more at the link.

In other news….

The civil war in Syria continues to be the top international story, and The New York Times has a couple of helpful articles. The first is an explainer that deals with Key Questions on the Conflict in Syria. I won’t excerpt from it–read it at the NYT if you’re interested. Next, an article that explains how American policy on Syria may affect possible negotiations with Iran: Drawing a Line on Syria, U.S. Eyes Iran Talks.

As the Obama administration makes a case for punitive airstrikes on the Syrian government, its strongest card in the view of some supporters of a military response may be the need to send a message to another country: Iran. If the United States does not enforce its self-imposed “red line” on Syria’s use of chemical weapons, this thinking goes, Iran will smell weakness and press ahead more boldly in its quest for nuclear weapons.

But that message may be clashing with a simultaneous effort by American officials to explore dialogue with Iran’s moderate new president, Hassan Rouhani, in the latest expression of Washington’s long struggle to balance toughness with diplomacy in its relations with a longtime adversary.

Two recent diplomatic ventures have raised speculation about a possible back channel between Washington and Tehran. Last week, Jeffrey Feltman, a high State Department official in President Obama’s first term who is now a senior envoy at the United Nations, visited Iran to meet with the new foreign minister, Mohammad Javad Zarif, and discussed possible reactions to an American airstrike in Syria.

kerry assad

In line with the international beating up on the U.S. that has followed the Snowden-Greenwald-Poitras “revelations” that NSA spies on foreign countries, The Daily Mail has a snarky article with numerous photos about a dinner that John Kerry had with Syria’s Bashar al-Assad in 2009.

An astonishing photograph of John Kerry having a cozy and intimate dinner with Bashar al-Assad has emerged at the moment the U.S Secretary of State is making the case to bomb the Syrian dictator’s country and remove him from power.

Kerry, who compared Assad to Adolf Hitler and Saddam Hussein yesterday, is pictured around a small table with his wife Teresa Heinz and the Assads in 2009.

Assad and Kerry, then a Massachusetts senator, lean in towards each other and appear deep in conversation as their spouses look on.

A waiter is pictured at their side with a tray of green drinks, believed to be lemon and crushed mint.

Now, why would Kerry be having dinner with Syria’s president? The Daily Mail tells us:

The picture was likely taken in February 2009 in the Naranj restaurant in Damascus, when Kerry led a delegation to Syria to discuss finding a way forward for peace in the region.

At the time, Kerry was Chairman of the Senate Foreign Relations Committee, and what he was doing is called “diplomacy.” But looking back in the age of Snowden, it seems that instead of having a polite dinner, Kerry should have punched Assad in the nose and screamed at him at the top of his lungs to get with the program–or something…

From the Wall Street Journal: Syrian Electronic Army Hacks Marines Website

A collection of pro-Syrian government hackers apparently defaced a Marine Corps recruitment website Monday.

The Syrian Electronic Army, which has hacked a series of websites, posted a letter on the Marines.com website arguing the Syrian government is “fighting a vile common enemy.”

“The Syrian army should be your ally not your enemy,” the letter read. “Refuse your orders and concentrate on the real reason every soldier joins their military, to defend their homeland. You’re more than welcome to fight alongside our army rather than against it.”

See a screen shot at the link. The site is now back up and running normally.

I’ll end there and post my remaining links in the thread below. As always, please post links to the stories you’re following in the comments as well.


Tuesday Reads, Part II: In Other News….

blues cycle

I’m back with more reads!!

Before I get started with the political news, here a very strange story from Chicago: Urooj Khan Homicide: Chicago Lottery Winner’s Death Re-Classified After Cyanide Poison Discovery

With no signs of trauma and nothing to raise suspicions, the sudden death of a Chicago man just as he was about to collect nearly $425,000 in lottery winnings was initially ruled a result of natural causes.

Nearly six months later, authorities have a mystery on their hands after medical examiners, responding to a relative’s pleas, did an expanded screening and determined that Urooj Khan, 46, died shortly after ingesting a lethal dose of cyanide. The finding has triggered a homicide investigation, the Chicago Police Department said Monday….

In June, Khan, who owned a number of dry cleaners, stopped in at a 7-Eleven near his home in the West Rogers Park neighborhood on the city’s North Side and bought a ticket for an instant lottery game.

Ashur Oshana, the convenience store clerk, told The Associated Press on Monday that Khan said he had sworn off gambling after returning from the hajj, a Muslim pilgrimage, in Saudi Arabia. Khan said he wanted to lead a better life, Oshana said, but Khan bought the tickets that day and scratched off the winner in the store.

“Right away he grabbed my hand,” Oshana said. “He kissed my hand and kissed my head and gave me $100. He was really happy.”

Not long afterwards, Kahn was dead. Now police will likely exhume his body and try to find out who killed him.

clinton
I’m sure you heard that Hillary Clinton went back to work yesterday, and her coworkers gave her a gag gift–a football helmet.

Cheers, a standing ovation and a gag gift of protective headgear greeted Secretary of State Hillary Rodham Clinton as she returned to work on Monday after a month-long absence caused first by a stomach virus, then a fall and a concussion and finally a brief hospitalization for a blood clot.

A crowd of about 75 State Department officials greeted Clinton with a standing ovation as she walked in to the first senior staff meeting she has convened since early December, according to those present. Deputy Secretary of State Thomas Nides, noting that life in Washington is often a “contact sport, sometimes even in your own home” then presented Clinton with a gift — a regulation white Riddell football helmet emblazoned with the State Department seal, officials said.

She was also given a blue football jersey with “Clinton” and the number 112 — the record-breaking number of countries she has visited since becoming secretary of state — printed on the back. Aides said Clinton was delighted with the gifts but did not try either of them on and the meeting turned to matters of national security and diplomacy.

“She loved it. She thought it was cool. But then being Hillary Clinton, she wanted to get right to business,” State Department spokeswoman Victoria Nuland told reporters.

Did you hear about GOP Connecticut State Rep. DebraLee Hovey, who attacked Gabby Giffords for visiting Newtown? From the Hartford Courant:

In content and syntax, state Rep. DebraLee Hovey embarrassed herself, the General Assembly and the state.

Ms. Hovey, a Republican who represents Newtown and Monroe, blasted the visit to Newtown on Friday by former U.S. Rep. Gabby Giffords, a Democrat, who met privately with local officials and families of victims of the Dec. 14 massacre at Sandy Hook Elementary School.

“Gabby Gifford stay out of my towns!!” Ms. Hovey posted on Facebook over the weekend (misspelling the former Arizona congresswoman’s last name). In the comments thread, Rep. Hovey seemed to complain that she wasn’t invited (she was at a meeting in Florida at the time) and claimed the visit was political: “There was pure political motives [sic].”

How do these loony-tunes get elected? Hovey later offered a pathetic non-apologetic “apology.”

The remarks I made regarding Congresswoman Gifford’s visit were insensitive and if I offended anyone I truly apologize … My comments were meant to be protective of the privacy of the families and our community as we work to move on, and were in no way intended as an insult to Congresswoman Giffords personally. Our community has struggled greatly through this tragedy, and we are all very sensitive to the potential for this event to be exploited for political purposes. This is what I wish to avoid.

What a moronic asshole.
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Whatever Happened to the Department of Justice?

Maybe we should change the name of the DOJ to the Department of Expedience. The War on Terrorism continues to be a War on the American and our Constitutional idea of justice. Eric Holder’s speech yesterday at Northwestern’s School of Law puzzles many of us that had hoped a change from the Bush/Cheney regime would mean a return to civil liberties.  Assassination of US citizens–implying no trial, no jury of peers, and no due process–by classifying them as terrorists is an end run around our Constitution that must not stand.   Eric Holder’s thin justification of the Obama policy of assassination sounds a lot like triangulation.

Some have argued that the president is required to get permission from a federal court before taking action against a United States citizen who is a senior operational leader of Al Qaeda or associated forces. This is simply not accurate. “Due process” and “judicial process” are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.

Glenn Greenwald explains it like this.

When Obama officials (like Bush officials before them) refer to someone “who is a senior operational leader of Al Qaeda or associated forces,” what they mean is this: someone the President has accused and then decreed in secret to be a Terrorist without ever proving it with evidence.

This process still seems to be a murky one as pointed out at Empty Wheel. This is beyond unacceptable.

As of a month ago–four months after Awlaki was killed–the Senate Intelligence Committee had not been provided with the legal framework for Awlaki’s kill. This, in spite of the fact that SSCI member Ron Wyden had been requesting that framework for over five months before Awlaki was killed.

I said when Wyden made that clear that it showed there had not been adequate oversight of the killing. By his words–if not his deeds–Holder effectively made the same argument.

The speech appears to be an elaborate justification of a policy that could basically spin on the whims of a president and his/her cronies. This is especially appalling given the FBI “stings” that have been aimed at catching terrorists that seem more aptly labelled as pushing some depressed, emotionally damaged people into becoming aspirational terrorists and then enabling them to do something dangerous. I can only assume that the CIA is probably just as bad if not worse.

The Holder speech was weak as a public explanation.  It’s basis in law appears weaker.

Still, the speech contained no footnotes or specific legal citations, and it fell far short of the level of detail contained in the Office of Legal Counsel memo — or in an account of its contents published in October by The New York Times based on descriptions by people who had read it.

The administration has declined to confirm that the memo exists, and late last year, The Times filed a lawsuit under the Freedom of Information Act asking a judge to order the Justice Department to make it public. In February, the American Civil Liberties Union filed a broader lawsuit, seeking both the memo and the evidence against Mr. Awlaki.

Last month, Justice Department court filings against Umar Farouk Abdulmutallab, the Nigerian man who attempted to blow up a Detroit-bound airliner on Dec. 25, 2009, provided a detailed account — based on his interrogations — of Mr. Awlaki’s alleged involvement.

Mr. Holder, by contrast, did not acknowledge the killing of Mr. Awlaki or provide new details about him, although he did mention him in passing as “a U.S. citizen and a leader” of Al Qaeda’s Yemen branch when discussing Mr. Abdulmutallab.

Holder even objects to the word “assassinations”. 

Holder also noted that in using lethal force, the United States must make sure that it is acting within the laws of war by ensuring that any target is participating in hostilities and that collateral damage is not excessive. And he noted that law-of-war principles “do not forbid the use of stealth or technologically advanced weapons” — an apparent reference to drones.

More broadly, Holder argued that the targeting of specific senior belligerents in wartime in not unusual, and noted the 1943 U.S. tracking and shooting down of the plane carrying Japanese Adm. Isoroku Yamamoto, the commander of the attack on Pearl Harbor.

He said that “because the United States is in an armed conflict, we are authorized to take action against enemy belligerents under international law . . . and our legal authority is not limited to the battlefields of Afghanistan.”

Holder said he rejected any attempt to label such operations “assassinations.”

“They are not, and the use of that loaded term is misplaced,” he said. “Assassinations are unlawful killings. Here, for the reasons I have given, the U.S. government’s use of lethal force in self-defense against a leader of al-Qaeda or an associated force who presents an imminent threat of violent attack would not be unlawful — and therefore would not violate the executive order banning assassination or criminal statutes.”

Holder said “it is preferable to capture suspected terrorists where feasible — among other reasons, so that we can gather valuable intelligence from them — but we must also recognize that there are instances where our government has the clear authority — and, I would argue, the responsibility — to defend the United States through the appropriate and lawful use of lethal force.”

I am not a constitutional lawyer.  I do not even play one on TV so I can’t speak to the finer points of the due process clause.  I just know this does not pass my “smell test”.   I have read statements by lawyers.  Here’s a sampling from MOJO and Adam Sewer.

Both supporters and opponents of the administration’s targeted killing policy offered praise for the decision to give the speech. They diverged, however, when it came to the legal substance. “It’s essential that if we’re going to be doing these things, our top national security and legal officials explain why it’s legal under international and constitutional law,” said Benjamin Wittes, a legal scholar with the Brookings Institution, who said he thought the speech fulfilled that obligation. “I think [the administration] is right as a matter of law.”

In a statement, Hina Shamsi, director of the ACLU’s national security project, called the authority described in the speech “chilling.” She urged the administration to release the Justice Department legal memo justifying the targeted killing program—a document that the ACLU and the New York Times are currently suing the US government to acquire. “Anyone willing to trust President Obama with the power to secretly declare an American citizen an enemy of the state and order his extrajudicial killing should ask whether they would be willing to trust the next president with that dangerous power.”

Here’s a point-by-point list of things that I think is worth reading from Lawfare.  This is a small portion of that article.  I really suggest you go read all of the points to get an understanding of the policy and its process.

That is, the speech asserts that Due Process permits targeting of a citizen at least when the target is:

(i) located abroad rather than in the United States,

(ii) has a senior operational role

(iii) with al Qaeda or an al Qaeda-associated force,

(iv) is involved in plotting focused on the death of Americans in particular,

(v) that threat is “imminent” in the sense that this is the last clear window of opportunity to strike,

(vi) there is no feasible option for capture without undue risk, and

(vii) the strike will comply with the IHL principles of necessity, distinction, proportionality, and humanity

All of this takes away from the many questions surrounding the first recipient of the assassination treatment. Marcy at Empty Wheel reminds of the thin ice upon which Holder skates.

Perhaps it’s because of all the dubious reasons the Administration continues to keep its case against Anwar al-Awlaki secret, but Eric Holder gave the impression of not knowing precisely what evidence the government had shown against Awlaki.

Or, deliberately misrepresenting it.

Holder mentioned Awlaki just once–purportedly to summarize Abdulmutallab’s case against Awlaki they released last month.

For example, in October, we secured a conviction against Umar Farouk Abdulmutallab for his role in the attempted bombing of an airplane traveling from Amsterdam to Detroit on Christmas Day 2009.  He was sentenced last month to life in prison without the possibility of parole.  While in custody, he provided significant intelligence during debriefing sessions with the FBI.  He described in detail how he became inspired to carry out an act of jihad, and how he traveled to Yemen and made contact with Anwar al-Aulaqi, a U.S. citizen and a leader of al Qaeda in the Arabian Peninsula.  Abdulmutallab also detailed the training he received, as well as Aulaqi’s specific instructions to wait until the airplane was over the United States before detonating his bomb. [my emphasis]

Note, this misrepresents what Abdulmutallab said, at least as shown by the summary released last month (setting aside the reasons DOJ chose not to test those claims at trial). What the summary did say was that Awlaki gave Abdulmutallab specific instructions to ignite his bomb while over the US. It did not say Awlaki was “a leader of al Qaeda in the Arabian Peninsula.” That’s DOJ’s elaboration, a frankly dishonest one, given the construction (and one that was probably at least significantly challenged by the intelligence Jubeir al-Fayfi delivered ten months after Abdulmutallab gave his testimony).

This is obviously a complex situation that needs full time attention by a lot of folks with a lot more than I can provide here.  It’s something, however, we all need to follow.