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Taking your scenario at face value, of course the government would have a responsibility to prevent the explosion. But the scenario is a

Posted by: RogerMore on Mar 07, 19:58 in response to BSmurf's post This whole thing comes down to a philosophical debate as...

false choice.  It's like an old episode of 24, where Jack Bauer has to do something horrible or thousands will die. No other choices! There is no time!

If it's the government's responsibility to prevent acts of terrorism, then the best way to fulfil that responsibility is through things like better intelligence and counter-terrorism practices, better coordination between intelligence and law enforcement, tracking of nuclear materials, etc.  After all that, if it comes down to a drone to stop it, then the government has already failed at what it is supposed to do.

I understand the government's predicament.  September 11 is still fresh in the mind, and no one wants to rule out anything that could conceivably prevent another tragic event.  If there was a situation that could only be prevented by a drone strike, I expect the administration (any administration) would break the law now and apologise later.  But because the question is being asked now, and they know what the answer would be if the unthinkable were to happen, they don't want to say "there's no legal basis for that", no matter how unlikely. Especially when the comeback is "Don't you care about American lives?"

Also, a couple of things about it being a military operation on US soil... My understanding is that the military (and CIA, which operates many of the drones in Yemen and Pakistan) can't assist US domestic law enforcement, though the National Guard can if it is acting under the authority of a State.  There are currently Predator and Reaper drones (and presumably others) attached to certain National Guard units.

And there is an exception to this rule for nuclear threats - the AG can request the Secretary of Defense to provide emergency assistance if civilian law enforcement is inadequate.  So in your scenario, the government should already have authority to send in the drones.

Filibuster Comment wroberson Mar 07, 02:18

I'm just glad Obama says he probably won't murder me without due process. Probably. {nm} Samuel_L_Bronkowitz Mar 07, 04:57

For once, I agree with John Cusack: "Where are the so-called progressive Democratic senators?â WHY did they not stand in agreement? edzep - Port Monkey! Mar 07, 05:47

There was a Democrat - Wyden - who joined the filibuster. (I'm not saying this is a great turnout, but credit where it's due) {nm} RogerMore Mar 07, 06:21

True. WHY was the fillibuster and the drone issue NOT covered much by the mainstream media? edzep - Port Monkey! Mar 07, 06:33

Probably because it's boring (except to people who are interested in that sort of thing). But it's the most prominent story at WaPo.com RogerMore Mar 07, 07:00

Yeah, nothing interesting about Dear Leader saying he probably won't abandon due process and use drones to kill Americans in America. Samuel_L_Bronkowitz Mar 07, 07:04

It makes for a boring news story. The pictures are Rand Paul talking on the Senate floor. The commentary is about due process and RogerMore Mar 07, 07:15

There would be blood in the streets if Dubya had even suggested something so heinous as killing Americans on American soil. Samuel_L_Bronkowitz Mar 07, 06:36

This whole thing comes down to a philosophical debate as to whether the ends justify the means. BSmurf Mar 07, 11:08

Uh, that same 'urgency' argument was repeatedly sneered at by liberals (and a few squishy cons), when discussing waterboarding, which they edzep - Port Monkey! Mar 07, 11:32

ezdep - I was not trying to put forward a political agenda or defense of any stance. Looking for actual conversation without the he partisan BSmurf Mar 07, 11:43

I did not percieve your comment to be partisan, nor did I intend to direct any part of my partisan comment at you. edzep - Port Monkey! Mar 07, 13:11

The big difference in this scenario is that someone like Mohhamed Atta being waterboarded is not an American citizen. Samuel_L_Bronkowitz Mar 07, 12:05

Another difference is "engaged in combat" vs "in captivity". (I'm not sure that "engaged in combat" will satisfy your concerns about RogerMore Mar 07, 12:49

Open the door a little, more and more freedoms are taken away by the criminals in government... accountant_4_Jesus Mar 07, 14:44

Excellent points. Thank you for your response. {nm} BSmurf Mar 07, 15:04

Taking your scenario at face value, of course the government would have a responsibility to prevent the explosion. But the scenario is a RogerMore Mar 07, 19:58

Due process was abandoned back in Bush years when the PATRIOT ACT was passed, I wish people would make as much fuss about getting rid of it {nm} JDolphin Mar 07, 15:51





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