Thursday, May 31, 2012

Orwellian Due Process



It is Kafkaesque to say that executive deliberation is "due process" for Constitutional purposes.

I have heard it said -- it is rumored -- that the U.S. Department of Justice or the Office of Legal Counsel or both have offered this justification for executive (Presidential) decisions for the "secret" killing of U.S. citizens abroad with drones.

Does this legal rationale extend to secret executive (unilateral) imprisonment (without judicial due process) of home-based U.S. citizens?

George Orwell, where are you when we need you?

N.B. Are we witnessing the (attempted) militarization of Goldberg v. Kelly, 397 U.S. 254 (1970)?

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