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The sense of pride expressed by officials of the Obama administration at the release of Army Sgt. Bowe Bergdahl is not shared by many of those who served with him: veterans and soldiers who call him a deserter whose "selfish act" ended up costing the lives of better men.

On Saturday evening, the Israeli army stated that Hadar Goldin, the soldier it claimed Hamas had captured on Friday morning, is dead: on Twitter A special IDF committee has concluded that Lt. Hadar Goldin was killed in combat in Gaza on Friday. May his memory be a blessing.— IDF (@IDFSpokesperson) August 2, 2014 It was on the pretext of searching for the missing soldier that Israel slaughtered at least 110 of people in the southern Gaza town of Rafah since Friday morning, destroying what was supposed to be a 72-hour humanitarian ceasefire. But the toll is rising as more bodies are found. “Such was the savagery of Israel’s bombardment in Rafah, such was the quantity of dead bodies, that there was simply no other option but to use vegetable refrigerators as makeshift morgues,” journalist Mohammed Omer, who hails from Rafah, reports.

One wonders whether US President Barack Obama will now retract his hasty statement – no doubt based on misinformation from Israel – blaming Hamas for capturing the soldier and demanding that he be “unconditionally” released. Now that Israel has, like Hamas, concluded that Goldin is dead, the question remains whether someone in the Israeli army gave the order to shell Rafah to kill him and prevent Hamas taking a live prisoner.

Friday turned into yet another day of horror for Palestinians in Gaza, as Israel committed massacres and atrocities claiming the lives of at least 100 people. It wasn’t supposed to be that way. Friday was meant to be the first day of a three-day “humanitarian ceasefire” announced on Thursday evening by the United Nations and the United States.

The Black Lives Matter movement that swept the country in 2015 has—among other accomplishments—forced global media outlets to afford victims of police killings the most basic acknowledgement: a public record of their names and deaths. Such a grim tally was maintained this year by both the Guardian and the Washington Post, following the consistent failure of the U.S. government to keep adequate records. According to the Guardian, 1,126 people were killed by police so far in 2015, averaging more than three a day, with 27 percent of those slain facing mental health issues. The numbers confirm the racial injustices highlighted by nationwide protests. Among black people in America, 6.9 per million were killed by police, compared to 2.86 white people per million. In other words, African-Americans were nearly 2.5 times as likely to be killed by police as their white counterparts. Native-Americans and Latinos were also disproportionately likely to have their lives taken by law enforcement, with 3.4 per million and 3.35 per million killed respectively.

The high number of killings was corroborated by the Washington Post, which only tracks fatal police shootings—not killings by taser, beating, and other forms of force, such as the high-profile death of African-American man Freddie Gray in Baltimore. The paper concluded, nonetheless, that nearly 1,000 civilians were shot and killed by police this year. What’s more, the Post‘s analysis found that the FBI, which is tasked with tracking such shootings, is dramatically undercounting killings because “fewer than half of the nation’s police departments report their incidents to the agency.” “The Post documented well more than twice as many fatal shootings this year as the average annual tally reported by the FBI over the past decade,” journalists Kimberly Kindy, Marc Fisher, Julie Tate, and Jennifer Jenkins reported this week.

But perhaps, more than anything, both databases show that heightened visibility, in itself, will not end police killings or bring justice to its victims.

Combat operations in Afghanistan may be coming to an end, but a look at secret NATO documents reveals that the US and the UK were far less scrupulous in choosing targets for killing than previously believed. Drug dealers were also on the lists.

The child and his father are two of the many victims of the dirty secret operations that NATO conducted for years in Afghanistan. Their fate is described in secret documents to which SPIEGEL was given access. Some of the documents concerning the International Security Assistance Force (ISAF) and the NSA and GCHQ intelligence services are from the archive of whistleblower Edward Snowden. Included is the first known complete list of the Western alliance's "targeted killings" in Afghanistan. The documents show that the deadly missions were not just viewed as a last resort to prevent attacks, but were in fact part of everyday life in the guerilla war in Afghanistan. The list, which included up to 750 people at times, proves for the first time that NATO didn't just target the Taliban leadership, but also eliminated mid- and lower-level members of the group on a large scale. Some Afghans were only on the list because, as drug dealers, they were allegedly supporting the insurgents.

Different rules apply in war than in fighting crime in times of peace. But for years the West tied its campaign in Afghanistan to the promise that it was fighting for different values there. A democracy that kills its enemies on the basis of nothing but suspicion squanders its claim to moral superiority, making itself complicit instead. This lesson from Afghanistan also applies to the conflicts in Syria, Iraq, Pakistan and Yemen. The material SPIEGEL was able to review is from 2009 to 2011, and falls within the term of US President Barack Obama, who was inaugurated in January 2009. For Obama, Afghanistan was the "good" war and therefore legitimate -- in contrast to the Iraq war. The president wanted to end the engagement in Iraq as quickly as possible, but in Afghanistan his aim was to win.

The Obama administration must disclose the legal basis for targeting Americans with drones, a federal appeals court ruled Monday in overturning a lower court decision likened to "Alice in Wonderland." The Second US Circuit Court of Appeals, ruling in a Freedom of Information Act (FOIA) claim by The New York Times and the American Civil Liberties Union (ACLU), said the administration must disclose the legal rationale behind its claims that it may kill enemies who are Americans overseas.

The Obama administration must disclose the legal basis for targeting Americans with drones, a federal appeals court ruled Monday in overturning a lower court decision likened to "Alice in Wonderland." The Second US Circuit Court of Appeals, ruling in a Freedom of Information Act (FOIA) claim by The New York Times and the American Civil Liberties Union (ACLU), said the administration must disclose the legal rationale behind its claims that it may kill enemies who are Americans overseas. "This is a resounding rejection of the government's effort to use secrecy and selective disclosure to manipulate public opinion about the targeted killing program," ACLU Legal Director Jameel Jaffer said in an e-mail. The so-called targeted-killing program—in which drones from afar shoot missiles at buildings, cars, and people overseas—began under the George W. Bush administration. The program, which sometimes kills innocent civilians, was broadened under Obama to include the killing of Americans.

Government officials from Obama on down have publicly commented on the program, but they claimed the Office of Legal Counsel's memo outlining the legal rationale about it was a national security secret. The appeals court, however, said on Monday that officials' comments about overseas drone attacks means the government has waived its secrecy argument. "After senior Government officials have assured the public that targeted killings are 'lawful' and that OLC advice 'establishes the legal boundaries within which we can operate,'" the appeals court said, "waiver of secrecy and privilege as to the legal analysis in the Memorandum has occurred" (PDF). The Electronic Privacy Information Center (EPIC), which in a friend-of-the court brief urged the three-judge appeals court to rule as it did, said the decision was a boon for citizen FOIA requests. "It's very helpful. We have a number of cases, including one of our oldest FOIA cases, that involves the warrantless wiretapping memos. The basic premise is when OLC writes a legal memo and when that becomes the known basis for a program, that's the law of the executive branch and cannot be withheld," Alan Butler, EPIC's appellate counsel, said in a telephone interview.

A study released earlier this year revealed the shocking death toll of the United States’s “War on Terror” since the 9/11 terrorist attacks, but the true body count could be even higher. Published in March by Physicians for Social Responsibility, the study, conducted by a team that included some Nobel Prize winners, determined that at least 1.3 million people have died as a result of war since Sept.11, 2001, but the real figure might be as high as two million. The study was an attempt to “close the gaps” in existing research, including studies like the Iraq Body Count,” which puts the number of violent deaths in that country at about 219,000 since 2003, based on media reports of the time period. Investigative journalist Nafeez Ahmed, writing in April for Middle East Eye, explained some of the ways the previous figures fell short, according to the physicians’ research: “For instance, although 40,000 corpses had been buried in Najaf since the launch of the war, IBC [Iraq Body Count] recorded only 1,354 deaths in Najaf for the same period. That example shows how wide the gap is between IBC’s Najaf figure and the actual death toll – in this case, by a factor of over 30.

Such gaps are replete throughout IBC’s database. In another instance, IBC recorded just three airstrikes in a period in 2005, when the number of air attacks had in fact increased from 25 to 120 that year. Again, the gap here is by a factor of 40.” The physicians behind the study also praised a controversial report from the medical journal The Lancet that placed the toll count far higher than that of Iraq Body Count, at closer to one million dead. In addition to the war in Iraq, the PSR study added additional victims from other countries where the United States has waged war: “To this, the PSR study adds at least 220,000 in Afghanistan and 80,000 in Pakistan, killed as the direct or indirect consequence of US-led war: a ‘conservative’ total of 1.3 million. The real figure could easily be ‘in excess of 2 million’.” These figures may still be underestimating the real death toll, according to Ahmed. These studies only account for the victims of violent conflict, but not the many more who will die as a result of the damage war brings to crucial infrastructure, from roads to farms to hospitals — not to mention devastating sanctions like those placed on Iraq after the first Gulf War in 1991. He continues:

“Undisputed UN figures show that 1.7 million Iraqi civilians died due to the West’s brutal sanctions regime, half of whom were children. The mass death was seemingly intended. Among items banned by the UN sanctions were chemicals and equipment essential for Iraq’s national water treatment system. A secret US Defence Intelligence Agency (DIA) document discovered by Professor Thomas Nagy of the School of Business at George Washington University amounted, he said, to ‘an early blueprint for genocide against the people of Iraq.’” Similar figures for Afghanistan, he reports, could bring totals to four million or more. As Ahmed points out in his article, the majority of those killed in these wars and those suffering most from these wars, statistically speaking, were Muslim — a stark contrast to the common view that radical Muslim terrorists are the deadliest group in the Middle East. Rather, it would seem the American military are the worst killers, and the death toll resembles religious genocide. In 2009, Stephen M. Walt, a professor of international relations at Harvard, wrote in Foreign Policy:

FSB source to "Komsomolskaya Pravda": "the customer of Nemtsov's murder was preparing an assassination of Vladimir Putin" The main suspect in the organization of the high-profile crime - is a commander of the Ukrainian battalion in the name of Dzhokhar Dudayev, Adam Osmayev. The correspondent of "Komsomolskaya Pravda" met with the FSB agent, who is part of the team investigating the murder of Boris Nemtsov. In an exclusive interview he spoke about the new details of the crime and named the most likely customer of the murder.

Today the investigators have irrefutable proof that all persons detained on suspicion of murder of the politician are the perpetrators, - said our source in the FSB. First of all, billing (data about calls and movements of the subscriber. - Ed.) from their mobile phones showed that they conducted surveillance of Nemtsov before the murder, following him closely. The suspects were tracked with their phones at the location where Nemtsov was present with his phone. During the murder all the detainees "were in the area": some under the bridge, some in a car, some nearby. Zaur Dadaev pulled the trigger. He first made a confession, and then, on the advice of his lawyers, took it back. But it changes nothing, the investigation has already collected compelling evidence of his guilt. I will not give details of how this was done. The pistol was thrown into the river after the crime, it was later recovered by divers. That Zaur Dadaev immediately said to the TV cameras: "I love prophet Muhammad" - is just a cover. There was no religious motive for the killings. They cynically carried out an order. They are far from devout Muslims. In fact, just real gangsters. And the most important thing. The executor of the murder was in close contact with Adam Osmaev, who recently became the commander of the Ukrainian battalion in the name of Dzhokhar Dudayev. They met, talked a lot on the phone. Zaur Dadaev and his cronies worked with Osmaev on Ukrainian affairs. And also with Chechens, who fought on the territory of Ukraine for the new regime. Zaur Dadaev was listed in the battalion "North" ("Sever") of the Chechen Interior Ministry, but while serving in it, in fact, was engaged in activities against Russia. He was associated with Osmaev by a certain relationship and mutual obligations.

The evidence is still being gathered. But I can say that today the main suspected customer of Nemtsov's murder is Adam Osmayev.

As the US debates expanding its campaign against the Islamic State beyond Iraq and Syria, the leading US civil liberties group is intensifying its efforts to force transparency about lethal US counterterrorism strikes and authorities. On Monday, the American Civil Liberties Union (ACLU) will file a disclosure lawsuit for secret Obama administration documents specifying, among other things, the criteria for placement on the so-called “kill list” for drone strikes and other deadly force. Information sought by the ACLU includes long-secret analyses establishing the legal basis for what the administration terms its “targeted killing program” and the process by which the administration determines that civilians are unlikely to be killed before launching a strike, as well as verification mechanisms afterward to establish if the strike in fact has caused civilian deaths.

“Over the last few years, the US government has used armed drones to kill thousands of people, including hundreds of civilians. The public should know who the government is killing, and why it’s killing them,” Jameel Jaffer, deputy legal director for the ACLU, told the Guardian.

The ACLU suit proceeds after the Obama administration disclosed none of the lethal counterterrorism documentation through a Freedom of Information Act request the civil liberties group launched in October 2013. According to the new lawsuit, the departments of state, justice and defense, as well as the CIA, have stonewalled the ACLU’s requests for nearly 18 months. Recent legal history suggests the ACLU is in for an uphill court struggle. The Obama administration, which has called itself the most transparent in history, has thus far repelled or delayed ACLU lawsuits for disclosure around drone strikes and the 2011 assassination of Anwar al-Awlaki, a US citizen and al-Qaida propagandist. Additionally, the administration is fighting the ACLU on the legality of its bulk surveillance activities and to prevent the release of thousands of graphic photographs detailing Bush-era torture by the CIA and military. Yet the administration has seen the courts chip away at its blanket denials of documents sought by the ACLU. Most of the intelligence community’s disclosures of surveillance memos since Edward Snowden’s revelations have followed the administration’s courtroom losses to the ACLU and other civil-liberties groups. In June, the second circuit court of appeals forced the Department of Justice to release much of a critical 2010 memo blessing the killing of Awlaki. (The ACLU is seeking the release of 10 more major intelligence memos related to targeted killing.)

Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it.

We might forgive the citizenry’s confusion, though, in attempting to square those principles with the decision by the Second Circuit Court of Appeals, published yesterday, holding that the government may continue to keep secret nine legal memoranda by the Justice Department’s Office of Legal Counsel analyzing the legality of targeted killings carried out by the US government. It was just more than a year ago that the same panel of the same court ordered the government to disclose key portions of a July 2010 OLC memorandum that authorized the targeted killing of an American citizen in Yemen. At the time, the court’s opinion seemed to promise at least a partial solution to a problem straight (as the district court in the same case put it) from Alice in Wonderland: that [a] thicket of laws and precedents … effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for its conclusion a secret.

Yesterday’s opinion retreats from that promise by keeping much of the government’s law of the targeted killing program secret. (In this and two other cases, the ACLU continues to seek more than 100 other legal memoranda authored by various agencies concerning targeted killing.) It does so in two ways that warrant attention. First, the court suggests that OLC merely gives advice to executive branch agencies, and that OLC’s legal memoranda do not establish the “working law” of the government because agencies might not “adopt” the memoranda’s legal analysis as their own. This argument is legally flawed and, moreover, it flies in the face of the public evidence concerning how the executive branch treats opinions issued by OLC. In an OLC memorandum published, ironically or not, the same day (July 16, 2010) and over the same signature (David Barron’s) as the targeted killing memorandum released at the Second Circuit’s behest last year, the OLC explains that its “central function” is to provide “controlling legal advice to Executive Branch officials.” And not even two weeks ago, the acting head of the OLC told the public that even informally drafted legal advice emanating from his office is “binding by custom and practice in the executive branch,” that “[i]t’s the official view of the office, and that “[p]eople are supposed to and do follow it.”

There is a new entrant in the already crowded field of Israeli Lobby funded groups opposed to an agreement with Iran over its nuclear program. It is the “wounded warriors” and their families denouncing the perfidious Persians. The first salvo was fired on August 4th in a letter to Rupert Murdoch’s New York Post from the daughter of an Army Lieutenant Colonel killed in Iraq by “Iranian weapons,” who concluded that “we are already at war with Iran.” After the letter ads began to appear in television markets where congressmen considered to be vulnerable to pressure from Israel’s friends were located. The ads were produced by a group called “Veterans Against an Iran Deal,” whose executive director is Michael Pregent, a former adviser to General David Petraeus who is also an “Expert” affiliated with the Washington Institute for Near East Policy (WINEP), an American Israel Public Affairs Committee (AIPAC) spin off. The group has a website which claims that “the Iranian regime murdered and maimed thousands of Americans” but there is no indication who exactly supports it and is providing funding or what kind of following it has. The group’s first ad featured as a spokesman a retired army Staff Sergeant named Robert Bartlett. In the video, Bartlett, whose face bears the scars resulting from being on the receiving end of an improvised explosive device in Iraq, claims he was “blown up by an Iranian bomb.” In addition to blaming Iran for providing Iraqi insurgents with the weapons that were used to maim him and kill his colleagues he also tells how Iranians would “kidnap kids” and kill them in front of their parents. Per Bartlett, those who deal with Iran will have “blood on their hands” and will be responsible for funding Iranian terror.

Bartlett’s anger is nevertheless understandable, but his claim that he was maimed by Iranian provided weapons should not go unchallenged. In actual fact, it is a lie. In 2005 the Bush Administration began to claim that Iran had been “interfering” in Iraq. The claim, rarely backed up by an substance, was based on suppositions about Tehran’s likely interests regarding its predominantly Shi’ite neighbor and it was little more than an excuse to explain the persistence and intensity of Iraqi resistance to the American invasion. Sophisticated roadside bombs using shaped charges, initially referred to as Improvised Explosive Devices (IEDs) and subsequently as Explosively Formed Penetrators (EFPs), first appeared in Iraq in the summer of 2004. Initial reports on the weapon in June 2005, stated that it was being used by Sunni insurgents and was likely produced by ordnance experts from the disbanded Iraqi Army. Saddam Hussein’s Iraq had a large army with a sophisticated if limited ability to produce some weapons in its own armories. When the army was foolishly disbanded by the Coalition Provisional Authority, skilled workers who had been employed in the weapons shops were made redundant and took with them the knowledge to make any number of improvised weapons using the materiel that remained in Iraq’s arms storage depots.

The indictment of Iran as the source of weapons being used by insurgents continued and intensified as the security situation in Iraq deteriorated. Some media coverage attributed the killing of hundreds of American soldiers to Iranian supplied weapons because any death by EFP was immediately attributed to Iran. In spite of the lack of any solid evidence, the largely neoconservative supporters of pre-emptive action against Iran stated specifically that Iran was “killing American soldiers” through its provision of sophisticated weaponry. A nearly hysterical progress report given to Congress by General David Petraeus and Ambassador Ryan Crocker on April 8, 2008 went even farther, claiming that Iran was responsible for most of the violence occurring in Iraq. But the argument about Iranian involvement in Iraq was itself logically inconsistent, something that Crocker and Petraeus should have understood. The Iraqi insurgency in the period 2004-2006 was largely Sunni and hostile to Iran. That the Iranians would be supplying the Sunnis or that the Sunnis would have sought such aid was implausible.

Israel and the occupied Palestinian territories have been convulsed by a wave of escalating violence in recent days. The lethal tensions ratcheted up sharply last Thursday when a married couple, Jewish settlers from Neria in the northern West Bank, were shot and killed in a car in front of their four children near Beit Furik, allegedly by members of a five-man Hamas cell who were subsequently arrested. Two more Israelis were stabbed and killed in Jerusalem’s Old City on Saturday by a Palestinian youth, who was shot dead at the scene. On Sunday, an 18-year-old Palestinian was shot dead by Israeli forces in clashes near the West Bank town of Tulkarem. The mounting friction has seen attacks by settlers on Palestinians, clashes between Palestinians and Israeli security forces and attempted attacks continue. On Wednesday. there were incidents in Jerusalem, where a Palestinian woman stabbed an Israeli man who then shot and seriously wounded her in the Old City, the southern Israeli city of Kiryat Gat, where a Palestinian was killed after reportedly trying to seize a gun from a soldier and stabbing him, and when a female Israeli settler’s car was stoned near Beit Sahour, which adjoins Bethlehem, in an incident in which it appears other settlers fired on Palestinians, seriously injuring a youth.

On the Palestinian side, anger escalated earlier this week after a 13-year-old boy in Bethlehem’s Aida refugee camp was shot and killed by an Israeli sniper in an incident the Israeli military has claimed was “unintentional” as soldiers were aiming at another individual.

Jerusalem has remained tense now for almost a year. Most analysts blame the recent heightened tension on several factors. Key among them has been the issue of the religious site in Jerusalem known to Muslims as al-Haram al-Sharif, or the Noble Sanctuary, and Jews as the Temple Mount. A long-running campaign by some fundamentalist Jews and their supporters for expanding their rights to worship in the Al-Aqsa mosque compound on the Temple Mount, supported by rightwing members of Israeli prime minister Binyamin Netanyahu’s own cabinet, has raised the suspicion – despite repeated Israeli denials – that Israel intends to change the precarious status quo for the site, which has been governed under the auspices of the Jordanian monarchy since 1967.

In a bid to clear the way for a controversial Senate nominee, the Obama administration signaled it will publicly reveal a secret memo explaining its legal justification for using drones to kill American citizens overseas.  The Justice Department, officials say, has decided not to appeal a Court of Appeals ruling requiring disclosure of a redacted version of the memo under the Freedom of Information Act. ADVERTISEMENTADVERTISEMENT The decision to release the documents comes as the Senate is to vote Wednesday on advancing President Obama's nomination of the memo's author, Harvard professor and former Justice Department official David Barron, to sit on the 1st U.S. Circuit Court of Appeals in Boston. 

Sen. Rand Paul, R-Ky., has vowed to fight Barron's confirmation, and some Democratic senators had called for the memo's public release before a final vote. Paul reiterated his opposition on Wednesday.  "I cannot support and will not support a lifetime appointment of anyone who believes it's OK to kill an American citizen not involved in combat without a trial," Paul said in the Senate.  But a key Democratic holdout against Barron's nomination, Sen. Mark Udall D-Colo., announced Tuesday night he will now support Barron because the memo is being released. "This is a welcome development for government transparency and affirms that although the government does have the right to keep national security secrets, it does not get to have secret law," Udall said in a statement.  Sen. Ron Wyden, D-Ore., had also been pushing for public disclosure of Barron's writings and was one of several Democrats who had been refusing to say whether he'd vote for confirmation without it. "That's certainly very constructive," Wyden said when told of the decision not to appeal.

Wednesday's expected procedural vote would allow the Senate to move ahead with a final vote on Barron on Thursday. "I think we'll be OK," Senate Majority Leader Harry Reid, D-Nev., said earlier Tuesday. Anwar al-Awlaki, an Al Qaeda leader born in the United States, was killed after being targeted by a drone strike in Yemen in September 2011. Some legal scholars and human rights activists complained that it was illegal for the U.S. to kill American citizens away from the battlefield without a trial. The White House had agreed under the pressure to show senators unredacted copies of all written legal advice written by Barron regarding the potential use of lethal force against U.S. citizens in counterterrorism operations. Until now, the administration has fought in court to keep the writings from public view. But administration officials said that Solicitor General Donald Verrilli Jr. decided this week not appeal an April 21 ruling requiring disclosure by the 2nd U.S. Circuit Court of Appeals in New York and that Attorney General Eric Holder concurred with his opinion.

Chilling legal memo from Obama DOJ justifies assassination of US citizens

Support it or oppose it, a coup d’état took place in Kiev after an EU-brokered agreement was signed by the Ukrainian government and the mainstream opposition on Feb. 21. The agreement called for power sharing between both sides through the formation of a national unity government and for an end to the opposition-led street protests in Kiev. President Viktor Yanukovych ordered the Ukrainian police and security forces to withdraw from their positions, and even earlier, he had made multiple concessions to the opposition leadership. Instead of keeping its end of the bargain, the Ukrainian mainstream opposition executed a coup through the use of violence by organized ultra-nationalist gangs, which some analysts have compared to stay-behinds or secretive militias that were created by NATO during the Cold War. These armed ultra-nationalist groups took over administrative bodies in Ukraine and fought until they managed to oust the Ukrainian government and opened the path for opposition leaders to take power on Feb. 25. The Ukrainian mainstream opposition used the EU-brokered agreement, which the Brussels-based European Commission deliberately refused to enforce, as a means of justifying the formation of a coup-imposed government.

In the absence of almost half the Ukrainian Verkhovna Rada, or Ukrainian Parliament, the opposition parties began to arbitrarily pass unconstitutional laws. They also unconstitutionally selected Oleksandr/Aleksandr Valentynovych Turchynov as the acting president of Ukraine before President Viktor Yanukovych was even impeached. Intimidation and violence were additionally used to secure the cooperation of any disagreeing parliamentarians or state officials in Kiev. Saying that the ultra-nationalists and fascists are marginal elements, the mainstream media networks in North America and the European Union have simply dismissed the armed ultra-nationalist groups involved in the coup that are presently integrated into the putsch regime running Kiev. The militant ultra-nationalists, however, are very influential and amassing power under the illegal premiership of Arseniy Yatsenyuk.  Yatsenyuk, himself, is from Yulia Tymoshenko’s notoriously corrupt All-Ukrainian Union Fatherland Party (Batkivshchyna) and essentially a U.S. and EU appointee. There is even a pre-coup leaked telephone interception, likely either recorded by the intelligence services of Russia or Ukraine, in which U.S. Assistant Secretary of State Victory Nuland says that Yatsenyuk will be appointed as the prime minister of the Ukrainian government that the U.S. is putting together.

It is unlikely that Yatsenyuk and the loosely-knit alliance of the governing parties that ran Ukraine under the Yushchenko-Tymoshenko governments, foreign-based Ukrainians, and the forces behind the Orange Revolution that form the Orangist camp which he belongs to could have gotten back into power in Ukraine without pressure, the use of force and foreign backing. Yatsenyuk was even threatened and booed by the Ukrainians gathered at Independence Square when it was announced that he would be appointed as the prime minister of the post-coup government. A vast segment of the protesters made it clear that Tymoshenko, Yatsenyuk’s party leader, was no alternative to the ousted President Viktor Yanukovych in their eyes, either, when it was announced that she wanted to run for prime minister. The Orangists do not have the support of a majority of the population, nor did they form the parliamentary majority in the Verkhovna Rada. Their Orangist president, Viktor Yushchenko, only got 5 percent of the vote in January 2010, in a show of no-confidence, whereas Viktor Yanukovych won the first and second rounds of the presidential elections in 2010. According to Victoria Nuland, the U.S. has also poured $5 billion into “democracy promotion” inside Ukraine. This is U.S. State Department doublespeak for politicized funding that Washington has sent to Ukraine to organize the Orange Revolution and its Euromaidan sequel or what can frankly be described as regime change.

I BELIEVE that killing an American citizen without a trial is an extraordinary concept and deserves serious debate. I can’t imagine appointing someone to the federal bench, one level below the Supreme Court, without fully understanding that person’s views concerning the extrajudicial killing of American citizens.But President Obama is seeking to do just that. He has nominated David J. Barron, a Harvard law professor and a former acting assistant attorney general, to a seat on the United States Court of Appeals for the First Circuit.

I believe that all senators should have access to all of these opinions. Furthermore, the American people deserve to see redacted versions of these memos so that they can understand the Obama administration’s legal justification for this extraordinary exercise of executive power. The White House may invoke national security against disclosure, but legal arguments that affect the rights of every American should not have the privilege of secrecy.I agree with the A.C.L.U. that “no senator can meaningfully carry out his or her constitutional obligation to provide ‘advice and consent’ on this nomination to a lifetime position as a federal appellate judge without being able to read Mr. Barron’s most important and consequential legal writing.” The A.C.L.U. cites the fact that in modern history, a presidential order to kill an American citizen away from a battlefield is unprecedented.The Bill of Rights is clear. The Fifth Amendment provides that no one can be “deprived of life, liberty, or property, without due process of law.” The Sixth Amendment provides that “the accused shall enjoy the right to a speedy and public trial, by an impartial jury,” as well as the right to be informed of all charges and have access to legal counsel. These are fundamental rights that cannot be waived with a presidential pen.

In battle, combatants engaged in war against America get no due process and may lawfully be killed. But citizens not in a battlefield, however despicable, are guaranteed a trial by our Constitution.

If we want to curb terrorism in the United States, we must stop drone attacks in the Middle East.

“The resentment created by American use of unmanned strikes … is much greater than the average American appreciates,” Gen. McChrystal, who led the US counter-insurgency strategy in Afghanistan, said in 2013. “They are hated on a visceral level, even by people who’ve never seen one or seen the effects of one.” <a href="http://ad.doubleclick.net/N617/jump/defenseone.com/section_ideas;pos=defenseone-instream;sz=600x300;" title=""> <img alt="" src="http://ad.doubleclick.net/N617/ad/defenseone.com/section_ideas;pos=defenseone-instream;sz=600x300;tile=4;"/> </a> <a href="http://ad.doubleclick.net/N617/jump/defenseone.com/section_ideas;pos=contextual-large-rectangle-tablet;sz=700x350;" title=""> <img alt="" src="http://ad.doubleclick.net/N617/ad/defenseone.com/section_ideas;pos=contextual-large-rectangle-tablet;sz=700x350;tile=5;"/> </a> <a href="http://ad.doubleclick.net/N617/jump/defenseone.com/section_ideas;pos=contextual-large-rectangle-mobile;sz=300x150;" title=""> <img alt="" src="http://ad.doubleclick.net/N617/ad/defenseone.com/section_ideas;pos=contextual-large-rectangle-mobile;sz=300x150;tile=6;"/> </a> Gen. Flynn, who until recently was the head of the Defense Intelligence Agency and has become a harsh critic of President Obama’s strategy in the Middle East, has said, “When you drop a bomb from a drone … you are going to cause more damage than you are going to cause good.” Flynn, who has actually backs a more muscular military approach, doesn’t think it should include drones. Clarke has said that when we use unmanned drones to drop bombs which, no matter how hard we try otherwise, inevitably kill innocent people: [Y]ou cause enemies for the United States that will last for generations. All of these innocent people that you kill have brothers and sisters and tribe—tribal relations. Many of them were not opposed to the United States prior to some one of their friends or relatives being killed. And then, sometimes, they cross over, not only to being opposed to the United States, but by being willing to pick up arms and become a terrorist against the United States. So you may actually be creating terrorists, rather than eliminating them,

It’s a sick myth that Islamic extremists attack the United States or other nations because they “hate our freedom.” They attack us for our foreign policy. In 2006, the United States National Intelligence Estimate reported that the US invasion and occupation of Iraq made the problem of terrorism worse by creating a new generation of terrorists. And since then, top ranking military and counter-terrorism authorities such as General Stanley McChrystal, General Mike Flynn and George W. Bush’s counter-terrorism czar Richard Clarke say that drone strikes in particular are creating more terrorists than they’re killing. If we want to stop terrorist attacks, we should stop the barbaric blind bombings that are fueling radicalization.