U.S. Federal Judge: 'Our Democracy Is Broken'

The families of two Yemeni men killed in a drone strike in 2012, an imam and a police officer, sued the federal government.
They didn't seek any money. Their objective was simple: they wanted a court declaration that the strike violated international and US law.
They didn't win.

The unanimous ruling by a three-judge panel of the US court of appeals for the District of Columbia circuit in Washington upheld a lower court’s finding that it lacked the authority to question decision-making by the government over the missile strike.

No big surprise there.
However, one of the judges wrote a separate opinion that is far more interesting.

Judge Janice Rogers Brown, who was appointed by former President George W Bush and is known for her conservative decisions, agreed with two other judges that the president is the commander-in-chief of the armed forces and only Congress can provide oversight of his military actions.

"But congressional oversight is a joke, and a bad one at that," Brown said in a separate opinion.
"This begs the question: if judges will not check this outsized power, then who will?"

The other two judges on the panel, both appointed by Obama, did not join her separate opinion...

"When a senior judge raises an alarm about our democracy, it's time to sit up and take notice," Sullivan-Bennis said. "Judge Brown appears profoundly uncomfortable with her court giving our president carte blanche to kill innocents abroad."

Amen! Giving a president carte blanche to kill anyone, here or abroad, is beyond the pale.
BTW, when did assassinations become legal? When did killing innocent people have no consequences?

It's also notable that the Obama judges were perfectly fine with random assassinations of innocent human beings.

As for the drone program itself, another recent study shows that the U.S. only acknowledges one in five of our lethal drone strikes.
So technically, we could be causing vastly more carnage that the media has reported.

The secrecy of the drone program has made it difficult for civil liberties organizations in the U.S. to provide a full accounting of its impact. More importantly, this secrecy has also made it harder for civilians directly impacted by drones to even understand why they have been targeted. Lacking any ability to find out the details about cases in which they or their loved ones were harmed, Yemeni civilians are generally unable to even obtain recognition, let alone compensation, for the life-changing consequences of these attacks. That those targeted often come from poor and remote regions of the country only makes it harder for them to obtain justice.

Justice is not why we are in Yemen. Consider exhibit A - the grill.

They call it the “grill”: The victim is tied to a spit like a roast and spun furiously within a circle of fire. It is just one of the terrors inflicted by interrogators on detainees in Yemen who are routinely beaten with wires and were kept in filthy shipping containers, blindfolded for months — all by one of America’s closest counterterrorism allies.
...American defense officials confirmed Wednesday that U.S. forces have interrogated some detainees in Yemen but denied any participation in or knowledge of human rights abuses.

"Our democracy is broken. We must, however, hope that it is not incurably so."
- Judge Janice Brown

To be fair, Judge Brown, it's was proven several years ago that we are no longer a democracy.

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snoopydawg's picture

I couldn't finish reading the article on torture. Good God, how can people do that to other humans?

Another failure of the empty suit president when he said that "we tortured some folks" and that "we should look forward, not backward". He had an obligation to prosecute the people who took part in torturing and the ones who ordered it to be done.
Does anyone believe that the torture really stopped after Obama made that statement?
Nope. It was still happening at Bagram air base in Afghanistan.

US finally closes detention facility at Bagram airbase in Afghanistan

Even after the US government stopped the most brutal torture techniques, the military continued to run a secret “black jail” on the site, where prisoners were subjected to sleep deprivation, cold, forced nudity and other mistreatment, with detainees cut off from their families and lawyers.

The closure of the last Bagram jail was announced the day after the release of a report on CIA use of torture, which highlighted gruesome abuse at four jails in Afghanistan.

One person who died at this base was an innocent taxi driver who had been in the wrong place at the wrong time. "Oops, I guess we tortured and killed some innocent folks too"

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This is a damn good question!

When did killing innocent people have no consequences?

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Which AIPAC/MIC/pharma/bank bought politician are you going to vote for? Don’t be surprised when nothing changes.

Wink's picture

@snoopydawg
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Stop it, B.O.! I'm pissing myself! Stop it!

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the little things you can do are more valuable than the giant things you can't! - @thanatokephaloides. On Twitter @wink1radio. (-2.1) All about building progressive media.

dervish's picture

@snoopydawg Some dirtball in the DOJ will now argue that roasting humans over a fire isn't torture at all, and in fact it's an accepted and widely practiced method of cooking.

If someone actually says that, count on them getting promotions, and eventually they'll get appointments to UN human rights councils as well.

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"Obama promised transparency, but Assange is the one who brought it."

follow, eventually they become a crowd, one day this may change.

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@LaFeminista in this country is we have become a society of Yes men, women due to corporate brainwashing from the msm, our schools our jobs etc. Most don't have the balls to go against whatever is popular no matter how wrong it is. God forbid if you are on the wrong team or are not a team player.

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@pro left developed last century.

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@LaFeminista

to the planet was Milgram's conclusion.

Obedience to Authority- S. Milgram

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earthling1's picture

@pro left
Bullshit.

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Neither Russia nor China is our enemy.
Neither Iran nor Venezuela are threatening America.
Cuba is a dead horse, stop beating it.

edg's picture

It pays to listen closely to the words of this song by Country Joe and The Fish and realize just how much they still apply nearly 40 years later. One judge is a good start, but as Joe said, "Listen people, I don't know how you expect to stop the war if you can't sing any better than that. There's about 300,000 of you fuckers out there. I want you to start singin'. Come on."

Well, there's 330,000,000 of us fuckers out here in America and we better start singing if we ever want to stop these wars.

[video:https://youtu.be/dATyZBEeDJ4]

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snoopydawg's picture

An American has been jailed in Venezuela for over a year after the police said that he had an AK-47 rifle hidden in wife's family's home.

A year after capture, Utahn still in Venezuelan prison

Venezuelan authorities said Holt had an AK-47 assault rifle and a grenade stashed in his wife's family's home, which Holt has denied. His mom believes he was picked up simply for being an American who was in the wrong place at the wrong time.

Utah's congress members have been trying to work with the Trump administration to bring him home.

Hopefully, this American will be released from prison and be able to return home to his family

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Which AIPAC/MIC/pharma/bank bought politician are you going to vote for? Don’t be surprised when nothing changes.