L.A. Liberty

Barack Obama's Private War →

Did you know that the United States government is using drones to kill innocent people in Pakistan? Did you know that the Pakistani government has asked President Obama to stop it and he won’t? Did you know that Pakistan is a sovereign country that has nuclear weapons and is an American ally? …

The Constitution limits the presidential use of war powers to those necessary for an immediate defense of the United States or those exercised pursuant to a valid congressional declaration of war. In this case of Pakistan, the president has neither. And international law prohibits entering a sovereign country without its consent. But [White House counterterrorism adviser John O.] Brennan argued that the Authorization for Use of Military Force (AUMF), which Congress enacted in 2001 in the aftermath of 9/11 to enable President Bush to pursue the perpetrators of 9/11, is essentially carte blanche for any president to kill whomever he wants, and that the use of drones, rather than the military or rather than arresting those the government believes have conspired to harm us, is a “surgical” technique that safeguards the innocent.

Attorney General Eric Holder made a similar unconstitutional argument a few months ago when he stated in defense of the president’s using drones to killAmericans in Yemen that the AUMF, plus the careful consideration that the White House gives to the dimensions of each killing and the culpability of each person killed, somehow satisfied the Constitution’s requirements for due process.

What monstrous nonsense all this is. These killings 10,000 miles from here hardly constitute self-defense and are not in pursuit of a declaration of war. So, what has Congress done about this? Nothing. And what have the courts done about this? Nothing.

Prior to the president’s ordering the killing of the New Mexico-born and unindicted and uncharged Anwar al-Awlaki, al-Awlaki’s American father sued the president in federal district court and asked a judge to prevent the president from murdering his son in Yemen. After the judge dismissed the case, a CIA-fired drone killed al-Awlaki and his American companion and his 16-year-old American son.

In his three-plus years in office, Obama has launched 254 drones toward persons in Pakistan, and they collectively have killed 1,277 persons there. The New America Foundation, a Washington think tank that monitors the presidential use of drones in Pakistan, estimates that between 11 and 17 percent of the drone victims are innocent Pakistani civilians. So much for Brennan’s surgical strikes. So much for Holder’s due process.

The president is waging a private war against private persons — even Americans — whose deaths he obviously believes will keep America safe. But he is doing so without congressional authorization, in violation of the Constitution, and in a manner that jeopardizes our freedom.

Who will keep us safe from a president who wants to use drones here? How long will it be before local American governments — 313 of which already possess drones — use them to kill here because they are surgical and a substitute for due process? Can you imagine the outcry if Cuba or China launched drones at their dissidents in Florida or California and used Obama’s behavior in Pakistan as a justification?

How long will it be before even the semblance of our Constitution is gone?