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Obama is asking the court for the right to assassinate American citizens, without due process, and in total secret. Key quote:
Both the Bush and Obama administrations have repeatedly insisted that their secret conduct is legal but nonetheless urge courts not to even rule on its legality. But what’s most notable here is that one of the arguments the Obama DOJ raises to demand dismissal of this lawsuit is “state secrets”: in other words, not only does the President have the right to sentence Americans to death with no due process or charges of any kind, but his decisions as to who will be killed and why he wants them dead are “state secrets,” and thus no court may adjudicate their legality. [emphasis in original]
The Bush administration was wrong when it tried to imprison an American citizen without trial. The Obama administration is even more wrong now to claim it has the right to kill an American citizen without trial. Such behavior is unconscionable.