Democrats why can't you see that Rand Paul's filibuster was about Due Process?

President’s authority to assassinate
American citizens without due process
rights. "You have a right to remain silent"
Your 5th Amendment!
Reality Check: Why Rand Paul’s Filibuster Matters http://www.ijreview.com/2013/03/41266-reality-check-rand-pauls-defense-of-fifth-amendment-matters/

Anonymous2013-03-14T08:31:55Z

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I thought at the time that he was absolutely right, and I still lean very heavily in that direction. American citizens are guaranteed the right to due process, and to kill an American citizen on suspicion of terrorist activity without a trial is abominable -

However -

I think the operative word here is "American Citizen". I think that for anyone within the US, they should absolutely be given the benefit of any doubt, they should be presumed innocent, and dealt with via our avenues of "Due Process"

Things do get a little sketchy though, when you are on foreign soil - especially if this American citizen has joined forces with an enemy. Section 1481 of the US code indicates that an American citizen automatically forfeits his citizenship under certain circumstances, one of which is service in a foreign military.

This part of the code was tested in Nishikawa vs Dulles (http://en.wikipedia.org/wiki/Nishikawa_v._Dulles) in 1958.

So the specific case here is an American citizen in a foreign country who had become a member of the Taliban and was engaged in military and subversive activities against the United States. Is that enough for him to have forfeited his citizenship? What if he were part of a terrorist cell in the US, actively engaged in a plot to blow up a building or landmark?

Would your answer be different if he were actually foreign born? Was this different from the surgical strike that took out the two sons of Saddam Hussein?

So I don't know the answer. As I said, I originally believed very strongly that anyone with US citizenship on US soil caught doing something like this would have to be put on trial in the US; given the pretty direct language of the US code and its test with Nishikawa, now I'm not sure.

fishn2013-03-14T09:43:43Z

Yep I know & a band of evil Democrats will break down your door in the middle of the night take all your guns away >> Boo >> I bet you just crapped your pants . Wake up it's not going to happen nor will drones be attacking U.S. cities under orders from King Obama.

Rand's Rant the longest day described by members of his own party calling it reckless & ridiculous including John McCain.

For an elected official Rand Paul at Federal level suggesting President Obama will Assassinate Americans with out premise or due process is grossly irresponsible even a bigger threat if you believe Rand's Rant. The real threat is their are just to many nut case out there that do believe Rand's rant can do something crazy without due process killing innocent Americans based on Rand's Rant.

Rand Paul should recant his unwarranted accusations with an apology minutes before resigning.

Philip2013-03-14T10:50:06Z

Reality check: Democrats don't have problems with Rand's filibuster; mainstream Republicans do. By the way, Rand was talking about the 4th, not 5th, Amendment.

?2013-03-14T07:53:59Z

Be more concerned about Repubs attacking Rand Paul for his filibuster. Redeye Radio has mentioned it everyday and called it a waste of time. I consider it time well-spent because it brought the issue to light for alot of people who only get their news from mainstream sources.
A guy called into Redeye and tried to talk about the Dept of Homeland Security naming the TEA Party as potential terrorists and MacNamara screamed over him and hung up in his face. And this guy touts himself a Libertarian.

He didn't say that, ZombieDawn.

Lyle2013-03-14T07:55:41Z

@Sadcat
If only more people knew the law. In the state of Georgia it is legal to use deadly force to prevent someone else from using deadly force in the process of committing a crime or a felony. I believe that a terrorist act falls under that category. But, how often would these drones seriously witness someone 'about to commit a terrorist act, or a possible terrorist act?' Chances are slim to none, or almost never. They would use the drones to spy on people suspected.

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