Attorney General: Obama Can’t Order Drone Attack on Americans on US Soil

Attorney General Eric Holder testifying before the Senate Judiciary Committee.C-Span

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It took Sen. Rand Paul (R-Ky.) filibustering for 13 straight hours, but the White House has finally clarified that President Barack Obama cannot order a drone strike on an American citizen on American soil. In a curt, 43-word letter, Attorney General Eric Holder clarified the administration’s stance. 

“It has come to my attention that you have now asked an additional question: “Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil?” Holder wrote. “The answer to that question is no.”

Holder had previously stated in a letter to Paul that he believed it would be appropriate to use deadly military force on American soil in two “catastrophic” scenarios—namely another Pearl Harbor or 9/11.

“Nobody questions if planes are flying towards the Twin Towers whether they can be repulsed by the military,” Paul said during his filibuster Wednesday. “Nobody questions whether a terrorist with a rocket launcher or a grenade launcher is attacking us, whether they can be repelled.”

Paul had also asked during his filibuster whether an Arab American “sitting in a cafeteria in Dearborn, Michigan,” and suspected of ties to terror could be targeted with lethal force by a drone. “As for Paul and Holder, I suspect they’re in complete agreement on the ‘café’ hypothetical—but who isn’t?” says Steve Vladeck, a professor at American University School of Law. “This isn’t about cafés—it’s about dirt roads in northern Yemen.”

Here’s Holder’s letter:

 

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With just 4 days left, we need a huge surge in reader support to get to our $400,000 year-end goal. Whether you've given before or this is your first time, your contribution right now matters. All gifts are 3X matched and tax-deductible.

Managing an independent, nonprofit newsroom is staggeringly hard. There’s no cushion in our budget—no backup revenue, no corporate safety net. We can’t afford to fall short, and we can’t rely on corporations or deep-pocketed interests to fund the fierce, investigative journalism Mother Jones exists to do. That’s why we need you right now. Please chip in to help close the gap.

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