The Way We Were

Today I watched the TV show The Good Wife for the first and last time. For the record, I think it was one of the most depraved things I have ever seen.

The particular episode I watched was called "Targets". Here is a third party description of it:

Alicia serves as a civilian legal adviser on a top-secret committee voting on the legal justification for the targeted killing of an ISIS recruiter who hasn’t technically committed any acts of violence himself but has persuaded others to carry out attacks and bombings. The head of the committee, and the episode, introduce a twist: The recruiter is an American citizen. The storyline digs up some of the dark realities of U.S. international policies and shows just how arbitrary a lot of the rules are for how the U.S. military and government decide who lives and dies.

You can read the rest @
http://www.avclub.com/tvclub/good-wife-keeps-misfiring-targets-232612

During a meeting of the committee, it was stated that it (the committee) was the "due process" for the accused recruiter. I would like to contest that preposterous claim.

The US Constitution, which has not yet been publicly suspended, specifies the following:

Article III, Section 2

3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Article III, Section 3

1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

2: The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

From the "facts" presented in the episode, it appears the recruiter did commit treason. But the committee was not a jury, its deliberations were not a trial, there was no witness testimony presented, and there was no confession in open court. How then could this be called "due process"?

It wasn't, and in real life it is not "due process" when President Obama and CIA Director John Brennan meet to decide whether to kill a US citizen by drone strike or other means.

At least not for the crime of treason.

So, what is going on here?

I think the episode probably spelled it out fairly well. You can be killed by your government if the following criteria are met:

a. You have been designated as "an enemy combatant";

b. Your capture is deemed to be too hard to effect; and

c. It is decided you are an imminent threat.

That appears to be the new definition of "due process", at least in this instance.

Does that make any sense to you?

Whether or not it does, allow me to point out that it's too late for you to do anything about it.

President Obama clearly thinks it's OK. Senator Rand Paul tried to tell you it's not, but you chose not to listen to him. And it's extremely unlikely that a President Hillary would do anything different.

So now it's the law of the land.

Is there a lesson here? I believe there is, and this is it:

First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.

Martin Niemöller