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Holder: Drone Strike On Americans on US Soil Possible

Posted: Tue Mar 05, 2013 7:52 pm
by 93henfan
“It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the President to authorize the military to use lethal force within the territory of the United States.” - Eric Holder

Holder memo to Rand Paul:
http://www.lawfareblog.com/wp-content/u ... FromAG.pdf

Re: Holder: Drone Strike On Americans on US Soil Possible

Posted: Tue Mar 05, 2013 7:58 pm
by Ivytalk
Just aim it at Eric Holder. :twocents:

Re: Holder: Drone Strike On Americans on US Soil Possible

Posted: Tue Mar 05, 2013 10:50 pm
by CitadelGrad
Ivytalk wrote:Just aim it at Eric Holder. :twocents:
During the State of the Union address.

Re: Holder: Drone Strike On Americans on US Soil Possible

Posted: Tue Mar 05, 2013 11:00 pm
by SDHornet
93henfan wrote:“It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the President to authorize the military to use lethal force within the territory of the United States.” - Eric Holder

Holder memo to Rand Paul:
http://www.lawfareblog.com/wp-content/u ... FromAG.pdf
Ok Constitutional CS scholars, please provide what article or amendment of the Constitution this would be allowable.

Re: Holder: Drone Strike On Americans on US Soil Possible

Posted: Wed Mar 06, 2013 7:35 am
by HI54UNI
Ivytalk wrote:Just aim it at Eric Holder. :twocents:
+1

Re: Holder: Drone Strike On Americans on US Soil Possible

Posted: Wed Mar 06, 2013 8:55 am
by bluehenbillk
SDHornet wrote:
93henfan wrote:“It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the President to authorize the military to use lethal force within the territory of the United States.” - Eric Holder

Holder memo to Rand Paul:
http://www.lawfareblog.com/wp-content/u ... FromAG.pdf
Ok Constitutional CS scholars, please provide what article or amendment of the Constitution this would be allowable.
Second Amendment right....... :clap: :clap: :clap: :clap: :roll: :roll: :roll:

Re: Holder: Drone Strike On Americans on US Soil Possible

Posted: Wed Mar 06, 2013 9:30 am
by Pwns
Can we get Alberto Gonzalez or John Ashcroft back in the AG position, please?

Re: Holder: Drone Strike On Americans on US Soil Possible

Posted: Wed Mar 06, 2013 9:32 am
by mrklean
Fox News :thumb:
Rush Limbaugh :thumb: :thumb:
Sean Hannity :thumb: :thumb: :thumb:
Glen Beck :thumb: :thumb: :thumb: :thumb:

Re: Holder: Drone Strike On Americans on US Soil Possible

Posted: Wed Mar 06, 2013 11:32 am
by Ivytalk
mrklean wrote:Fox News :thumb:
Rush Limbaugh :thumb: :thumb:
Sean Hannity :thumb: :thumb: :thumb:
Glen Beck :thumb: :thumb: :thumb: :thumb:
klean :thumb: :thumb: :thumb: :thumb: :thumb:

Re: Holder: Drone Strike On Americans on US Soil Possible

Posted: Wed Mar 06, 2013 11:51 am
by mrklean
Ivytalk wrote:
mrklean wrote:Fox News :thumb:
Rush Limbaugh :thumb: :thumb:
Sean Hannity :thumb: :thumb: :thumb:
Glen Beck :thumb: :thumb: :thumb: :thumb:
klean :thumb: :thumb: :thumb: :thumb: :thumb:
It can't fine me. I'm a WMD :rofl:

Re: Holder: Drone Strike On Americans on US Soil Possible

Posted: Wed Mar 06, 2013 5:02 pm
by JoltinJoe
SDHornet wrote:
93henfan wrote:“It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the President to authorize the military to use lethal force within the territory of the United States.” - Eric Holder

Holder memo to Rand Paul:
http://www.lawfareblog.com/wp-content/u ... FromAG.pdf
Ok Constitutional CS scholars, please provide what article or amendment of the Constitution this would be allowable.
President Lincoln used lethal force within the territory of the United States.

The Union never recognized the Confederacy as a sovereign state; therefore, there was no congressional declaration of war.

President Lincoln declared the Southern army to be in rebellion against the United States and under the control of a "belligerent" domestic aggressor.

In the Prize Cases, 67 U.S. (2 Black) 635, 670 (1862), the United States Supreme Court held that President Lincoln alone had the authority "in fulfilling his duties as Commander in Chief" under Article 2, Section II of the Constitution to determine whether to deem the Confederacy "belligerents."

The Court further held that this was an issue to be decided by the president, and the courts could not question his authority, but must leave to "the political department of the Government to which this power was entrusted."

Therefore, if the president were to determine that American citizens within the territory of the United States were "belligerents" in violent rebellion against the United States, there is precedent which would arguably permit the use of lethal force against them.

Re: Holder: Drone Strike On Americans on US Soil Possible

Posted: Wed Mar 06, 2013 5:08 pm
by 93henfan
Wonder who was controlling the drone that came within 200 feet of Alitalia Flight 608 as it was approaching JFK on Monday?

Not trying to sound like expandos, but that's a very bad thing.

http://www.wptv.com/dpp/news/national/n ... dy-airport

Re: Holder: Drone Strike On Americans on US Soil Possible

Posted: Wed Mar 06, 2013 5:13 pm
by CID1990
JoltinJoe wrote:
SDHornet wrote: Ok Constitutional CS scholars, please provide what article or amendment of the Constitution this would be allowable.
President Lincoln used lethal force within the territory of the United States.

The Union never recognized the Confederacy as a sovereign state; therefore, there was no congressional declaration of war.

President Lincoln declared the Southern army to be in rebellion against the United States and under the control of a "belligerent" domestic aggressor.

In the Prize Cases, 67 U.S. (2 Black) 635, 670 (1862), the United States Supreme Court held that President Lincoln alone had the authority "in fulfilling his duties as Commander in Chief" under Article 2, Section II of the Constitution to determine whether to deem the Confederacy "belligerents."

The Court further held that this was an issue to be decided by the president, and the courts could not question his authority, but must leave to "the political department of the Government to which this power was entrusted."

Therefore, if the president were to determine that American citizens within the territory of the United States were "belligerents" in violent rebellion against the United States, there is precedent which would arguably permit the use of lethal force against them.
God help any President that tries it.


Sent from the center of the universe.