"On Friday, a federal judge in Washington will hear a challenge to the Obama administration's approach to targeted killings. I find myself frustrated by how little progress we've made," writes John Gibbons in The LA Times. "In 2004, I represented Guantanamo Bay detainees in the Supreme Court in Rasul vs. Bush, challenging President George W. Bush's claim that he could hold non-citizens at Guantanamo without judicial review based on the administration's unilateral claim that the detainees were enemies of the United States. I argued that the president's position presented a profound threat to the role of the courts in safeguarding the rule of law, and that the prisoners were entitled to due process, including judicial examination of the government's reasons for holding them. The Supreme Court agreed, reaffirming that an asserted "state of war is not a blank check" for the executive branch when civil liberties are at stake.
"When campaigning for office, then-Sen. Barack Obama agreed with the court's decision and criticized Bush's abandonment of basic checks and balances in the so-called war on terror. Yet today, President Obama has taken his predecessor's assertion of executive fiat even further. His administration says it has the power not just to detain suspected terrorists but also to kill them without any judicial oversight or accountability..." More [BJS]
