“Politicians and diapers have one thing in common. They should both be changed regularly and for the same reason.”
What do you think of Eric Holder’s interpretation of the law?
Earlier this week, U.S. Attorney General Eric Holder attempted to justify presidential killing in a speech at Northwestern University Law School. In it, he recognized the requirement of the Fifth Amendment for due process. He argued that the president may substitute the traditionally understood due process – a public jury trial – with the president’s own novel version of it; that would be a secret deliberation about killing. Without mentioning the name of the American the president recently ordered killed, Holder suggested that the president’s careful consideration of the case of New Mexico-born Anwar al-Awlaki constituted a substituted form of due process.
The Fifth Amendment provides that no one can be “deprived of life” without due process of law. But that due process, Holder said, doesn’t necessarily come from a court. “Due process and judicial process are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process,” the attorney general said.
Judge Andrew Napolitano explains