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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review March 19 , 2012/ 25 Adar, 5772

Obama can kill you. So?

By Jack Kelly




http://www.JewishWorldReview.com |

Attorney General Eric Holder gave a speech at Northwestern University Law School March 5 that was remarkable both for what he had to say and for how little attention it received. He said the president has the right to order the killing of an American citizen living abroad without any judicial review, hearing or trial, provided three criteria are met.

Mr. Holder: "First, the U.S. government has determined, after a thorough and careful review, that the individual poses an imminent threat of violent attack against the United States; second, capture is not feasible; and third, the operation would be conducted in a manner consistent with applicable law of war principles."

The poster boy for the new policy is Anwar al-Awlaki, an al-Qaida leader born in New Mexico. He was killed in a drone attack in Yemen last September.

Few doubt Mr. Awlaki posed "an imminent threat of violent attack." But it's hard to square Mr. Holder's claim that the president alone has the right to make that determination given the Fifth Amendment to the Constitution, which declares no person can "be deprived of life, liberty, or property, without due process of law."

It would be impractical to involve judges in operations that require "real time decisions," Mr. Holder said. But that contradicts his criterion that a "thorough and careful review" be conducted before the president can order the assassination of a citizen.

Judicial review need be neither prolonged nor public. It's required before a wiretap can be placed on the phones of suspected terrorists -- even in emergent situations.

In the absence of judicial review, the administration's self-imposed limits are "meaningless," said Jonathan Turley, who teaches constitutional law at George Washington University.

Mr. Holder cited no provision of the Constitution and no decision by the Supreme Court that would justify the new policy. "We're being asked to take the wisdom of the president and his national security apparatus for granted," wrote Emily Bazelon in Slate.

"When the federal government takes a bold and new step like this, testing the boundaries of the Constitution, it's crucial for Holder and his lawyers to explain how and why," she said. But the attorney general "didn't explain how the administration arrived at the conclusion that due process within the executive branch is enough," and has refused to make public memoranda from the Office of Legal Counsel which might shed light on its reasoning.

FBI Director Robert Mueller said he wasn't sure whether the policy wouldn't also apply within the United States.

Mr. Mueller's uncertainty is understandable ... and alarming, Prof. Turley said.

"If the president cannot order the killing of a citizen in the United States, Holder can simply say so," Mr. Turley said. But he hasn't. The attorney general's evasiveness, coupled with administration assertions that the war on terror is being fought all over the world, including on U.S. soil, led Prof. Turley to conclude:

"President Obama has just stated a policy that he can have any American citizen killed without any charge, without any review except his own. If he's satisfied that you are a terrorist, he says that he can kill you anywhere in the world, including in the United States."

No president ever before has made such a breathtaking assertion of executive power. Not even King George III asserted the right to order the killing of citizens who have not been indicted or otherwise formally accused of a crime, noted JWR contributor Judge Andrew Napolitano,.

President George W. Bush had no authority to tap the phones of foreign terrorists, Mr. Obama and Mr. Holder asserted in 2008. They said terrorism is a crime (not an act of war, as Mr. Bush maintained), so even foreign terrorists captured abroad should be tried in U.S. courts, with all the legal protections afforded American citizens.

Their hypocrisy is stunning. But they're not the only hypocrites.

"The reaction to what could be termed warrantless killing was a far cry from the sky-is-falling, apocalyptic rhetoric unleashed at Bush and his appointees a few years back over efforts merely to listen in on the communications of suspected terrorists through the warrantless wiretapping program," noted Josh Gerstein in Politico.

Foremost among Mr. Bush's critics were liberal journalists, especially on the broadcast and cable television networks. But now that a president actually is asserting dictatorial powers, you can hear the crickets chirp.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

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JWR contributor Jack Kelly, a former Marine and Green Beret, was a deputy assistant secretary of the Air Force in the Reagan administration.

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© 2011, Jack Kelly

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