The newly disclosed white paper" offering a legal reasoning behind the claim that President Obama has the power to order the killing of American citizens ... coyly describes another, classified document ... that actually provided the legal justification for ordering the killing of American citizens. That document still has not been provided to Congress, despite repeated demands from lawmakers. According to the white paper, the Constitution and the Congressional authorization for the use of force after the attacks of Sept. 11, 2001, gave Mr. Obama the right to kill any American citizen that an "informed, high-level official" decides is a "senior operational leader of Al Qaeda or an associated force" and presents an "imminent threat of violent attack." It never tries to define what an "informed, high-level official" might be, and the authors of the memo seem to have redefined the word "imminent" in a way that diverges sharply from its customary meaning. It takes the position that the only "oversight" needed for such a decision resides within the executive branch, and there is no need to explain the judgment to Congress, the courts or the public - or, indeed, to even acknowledge that the killing took place. The paper argues that judges and Congress don't have the right to rule on or interfere with decisions made in the heat of combat. The white paper "is a confusing blend of self-defense and law of war concepts" said Kate Martin, director of the Center for National Security Studies. "Its due process analysis is especially weak."
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