President claims unreviewable power to assassinate any American he chooses

File this under “I-can’t-f'ing-believe-I’m-reading-this”:

The Obama administration today argued before a federal court that it should have unreviewable authority to kill Americans the executive branch has unilaterally determined to pose a threat. Government lawyers made that claim in response to a lawsuit brought by the American Civil Liberties Union and the Center for Constitutional Rights (CCR) charging that the administration’s asserted targeted killing authority violates the Constitution and international law….

“Not only does the administration claim to have sweeping power to target and kill U.S. citizens anywhere in the world, but it makes the extraordinary claim that the court has no role in reviewing that power or the legal standards that apply,” said CCR Staff Attorney Pardiss Kebriaei…

“If the Constitution means anything, it surely means that the president does not have unreviewable authority to summarily execute any American whom he concludes is an enemy of the state,” said Jameel Jaffer, Deputy Legal Director of the ACLU…

The government filed a brief in the case in September, claiming that the executive’s targeted killing authority is a “political question” that should not be subject to judicial review. The government also asserted the “state secrets” privilege, contending that the case should be dismissed to avoid the disclosure of sensitive information.

I couldn’t imagine things getting worse under Obama than under GWB, but in some ways they have. Not even GWB claimed unquestioned unilateral power to assassinate Americans.

Posted by James on Tuesday, November 09, 2010