Obama’s Legal Netherworld

To be clear, the memo, technically a “white paper,” is correct in affirming that the United States is at war with al Qaeda. That conclusion rests on the actions of two presidents over four terms, Congress over the past decade, the Supreme Court, the U.N. Security Council, and NATO. It cannot be seriously disputed — although some liberal critics cling to the belief that al Qaeda is simply a criminal conspiracy, not a true belligerent, and that only law-enforcement actions, not military ones, may be taken against it. Given that the United States is at war, it follows that it may legitimately use lethal force against enemy combatants, regardless of their nationality. Enemy soldiers, even when not engaged in active hostilities, are legitimate targets during war. If that is true of enemy soldiers in uniform, it must be true also of al Qaeda operatives, who may not wear uniforms but who are the functional equivalent of regular troops. And just as a U.S. national serving in the German Army in 1944 or the Confederate Army in 1863 could be lawfully targeted and killed, so may a U.S. national performing a military function for al Qaeda.

Despite claims that the president is asserting a radically new and menacing authority, Obama’s decision to target al Qaeda operatives who are U.S. nationals is by no means unprecedented. The fact is that American presidents (and state governors) have lawfully deployed military force against citizens in insurrection, rebellion, or war against the United States from the beginning of the nation.

Coauthored by John Yoo so the moonbats may skip this one but the perspective is a bit unique. Worth a read.