COMMENT BELOW THE ARTICLE:
There's one big problem with the administration's views on lawfulness:
All US statutes are subject to the constitution. An unconstitutional statute is rendered null and void by the constitution. In order to sentence someone to a punishment -- and it's worth noting here that nowhere is there a constitutional requirement that people must be a citizen to have rights -- certain constitutional requirements must be met. Trial by jury, due process of law and the right to confront an accuser among them.
Passing a law that says that someone can be stripped of such rights does not legalize such a thing, since such a law directly conflicts with the constitution, and is thereby rendered null and void.
Since the constitution acts to impose limits on US government action, there is no lawful way that US officials or government employees or its military can act lawfully in ways that violate the constitution.
There are also two federal laws that directly apply to this situation. Both are capital crimes if their violation causes anyone to die as a result.
Title 18, Chapter 13, Section 241 of the US Code makes it a crime for any two or more people to conspire together within the territory of the United States to deprive anyone of a statutory, civil or constitutional right under color of law -- such as a secret panel that can order assassinations. Under Section 241, simply conspiring to order someone to stop exercising a protected right is worth ten years in prison. Since the panel, Obama and the remote pilot of the drone were all presumably within US territory when they issued orders for the execution of al-Awlaki, they are all guilty under Section 241. If a death occurs due to their actions -- and one absolutely did -- every member of the conspiracy is guilty of a crime punishable by life in prison without possibility of parole, or execution, as well as fines of up to $100,000!
And then there is Section 242 of the same Title and Chapter. Unlike Section 241, Section 242 is for individual violations and while it carries a milder sentence for a mere order that violates a right, it carries the same penalty for violations that cause any deaths. Also unlike Section 241, Section 242 does not have a territorial limitation -- a US government official who violates a right anywhere commits a violation of Section 242.
These laws are why it is often said that police have less ability to lawfully use force than private citizens do -- government officials have the same right to self defense as any citizen, and are liable to the same criminal penalties for crimes such as murder, assault, battery and kidnapping -- but while it's very difficult for a private citizen to violate Sections 241 & 242, it's far too easy for a government official to do so.
As for any elected officials, any crime that can result in their execution is by any definition, a "high crime or misdemeanor".
All US statutes are subject to the constitution. An unconstitutional statute is rendered null and void by the constitution. In order to sentence someone to a punishment -- and it's worth noting here that nowhere is there a constitutional requirement that people must be a citizen to have rights -- certain constitutional requirements must be met. Trial by jury, due process of law and the right to confront an accuser among them.
Passing a law that says that someone can be stripped of such rights does not legalize such a thing, since such a law directly conflicts with the constitution, and is thereby rendered null and void.
Since the constitution acts to impose limits on US government action, there is no lawful way that US officials or government employees or its military can act lawfully in ways that violate the constitution.
There are also two federal laws that directly apply to this situation. Both are capital crimes if their violation causes anyone to die as a result.
Title 18, Chapter 13, Section 241 of the US Code makes it a crime for any two or more people to conspire together within the territory of the United States to deprive anyone of a statutory, civil or constitutional right under color of law -- such as a secret panel that can order assassinations. Under Section 241, simply conspiring to order someone to stop exercising a protected right is worth ten years in prison. Since the panel, Obama and the remote pilot of the drone were all presumably within US territory when they issued orders for the execution of al-Awlaki, they are all guilty under Section 241. If a death occurs due to their actions -- and one absolutely did -- every member of the conspiracy is guilty of a crime punishable by life in prison without possibility of parole, or execution, as well as fines of up to $100,000!
And then there is Section 242 of the same Title and Chapter. Unlike Section 241, Section 242 is for individual violations and while it carries a milder sentence for a mere order that violates a right, it carries the same penalty for violations that cause any deaths. Also unlike Section 241, Section 242 does not have a territorial limitation -- a US government official who violates a right anywhere commits a violation of Section 242.
These laws are why it is often said that police have less ability to lawfully use force than private citizens do -- government officials have the same right to self defense as any citizen, and are liable to the same criminal penalties for crimes such as murder, assault, battery and kidnapping -- but while it's very difficult for a private citizen to violate Sections 241 & 242, it's far too easy for a government official to do so.
As for any elected officials, any crime that can result in their execution is by any definition, a "high crime or misdemeanor".
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