Killing With Near Certainty, by Andrew P. Napolitano

Presidents can now order people killed with impunity. From Andrew P. Napolitano at lewrockwell.com:

Last week, President Joseph R. Biden Jr. secretly reaffirmed his own self-willed authority to kill persons in other countries, so long as the CIA and its military counterparts have “near certainty” that the target of the homicide is a member of a terrorist organization. That standard was concocted by the Biden administration.

There is no “near certainty” standard in the law, as the phrase is oxymoronic and defies a rational definition; like nearly pregnant. One is either pregnant or not. One is either certain or not. There is no “near” there.

Yet, the creation of this standard underscores the lamentable absence of the rule of law in the Biden administration, and in the administrations of its three immediate predecessors, each of which deployed drones to kill persons who were not engaged in acts of violence at the time of their killing, irrespective of the near certainty of their membership in any organizations.

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