Legal Nonsense to Justify Non-Judicial Killings, by Jacob G. Hornberger

One lesson from the aftermath of 9/11 and the war on terror is that there are always lawyers within the government who can dream up rationales for egregiously wrong actions by the government. From Jacob G. Hornberger at fff.org:

Many years ago, when I was practicing law in Texas, I learned that there were, generally speaking, two types of lawyers when it came to being asked for a legal opinion by a client who wished to pursue a certain course of action.

The first type of lawyer would carefully research the issue and give his honest, independent-minded opinion as to the legality of the proposed action, even if it wasn’t what the client wanted to hear. That type of lawyer had integrity and would not compromise his legal judgment, even if it angered — and risked the loss of — his client.

The second type of lawyer would instead come up with whatever legal reasoning was necessary to please the client, stretching case law and legal analysis in such as way as to justify what the client wanted to do. This type of lawyer had no integrity. His task, as he saw it, was to provide legal cover for his client in case things went the wrong way.

When it comes to President Trump’s and the Pentagon’s extra-judicial drug-war killings in the Caribbean, there is little or no doubt that the Office of Legal Counsel in the U.S. Department of Justice falls into the second category. Asked to provide a legal opinion as to the legality of such killings, the office has come up with a memorandum containing inane legal justifications, in an obvious effort to provide legal cover for the people involved in the extrajudicial killings. In fact, the still-secret memo expressly assures U.S. military personnel that they will not face future criminal prosecution for their involvement in the killings.

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One response to “Legal Nonsense to Justify Non-Judicial Killings, by Jacob G. Hornberger

  1. Government lawyer=commie RAT POS.

    Are these the illegal orders?

    Comrade Kelly learned about FAFO.

    I LOL.

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