On the recordMarch 6, 2013
In response to Senator Paul's question, I would like to add to the Senator's remarks and those of the junior Senator from Texas the fact that in the concluding paragraph of the Department of Justice white paper on this issue, the Department concludes as follows: In sum, an operation in the circumstances and under the constraints described above would not result in a violation of any due process rights. It is a rather interesting conclusion, in light of the fact that two out of the three analytical points outlined above in the memorandum, in the white paper are themselves so broad as to be arguably meaningless or, at a minimum, capable of being interpreted in such a way as to subject American citizens to the arbitrary deprivation of their own right to live. First, as I mentioned earlier, by proposing an imminent standard that leaves out anything imminent--in other words, it is not just peanut butter without the jelly; it is peanut butter without the peanut butter. There is no ``there'' there--they define out of existence the very imminent standard they purport to create and follow. That is not due process. It is the opposite of due process. Secondly, they outline a set of circumstances in which this attack may occur, where capture is infeasible, and then they define an understanding of feasibility that is so broad as to render it virtually meaningless.…





