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Mark Steyn: The Panopticon State

Photo Credit: National Review I shall leave it to others to argue the legal and constitutional questions surrounding drones, but they are not without practical application. For the last couple of years, Janet Napolitano, the secretary of homeland security, has had Predator drones patrolling the U.S. border. No, silly, not the southern border. The northern one. You gotta be able to prioritize, right? At Derby Line, Vt., the international frontier runs through the middle of the town library and its second-floor opera house. If memory serves, the stage and the best seats are in Canada, but the concession stand and the cheap seats are in America. Despite the zealots of Homeland Security’s best efforts at afflicting residents of this cross-border community with ever more obstacles to daily life, I don’t recall seeing any Predator drones hovering over Non-Fiction E–L. But, if there are, I’m sure they’re entirely capable of identifying which delinquent borrower is a Quebecer and which a Vermonter before dispatching a Hellfire missile to vaporize him in front of the Large Print Romance shelves.

I’m a long, long way from Rand Paul’s view of the world (I’m basically a 19th-century imperialist a hundred years past sell-by date), but I’m far from sanguine about America’s drone fever. For all its advantages to this administration — no awkward prisoners to be housed at Gitmo, no military casualties for the evening news — the unheard, unseen, unmanned drone raining down death from the skies confirms for those on the receiving end al-Qaeda’s critique of its enemies: As they see it, we have the best technology and the worst will; we choose aerial assassination and its attendant collateral damage because we are risk-averse, and so remote, antiseptic, long-distance, computer-programmed warfare is all that we can bear. Our technological strength betrays our psychological weakness.

For a war without strategic purpose, a drone’ll do. Anwar al-Awlaki, an American citizen born in New Mexico, was whacked by a Predator not on a battlefield but after an apparently convivial lunch at a favorite Yemeni restaurant. Two weeks later, al-Awlaki’s son Abdulrahman was dining on the terrace of another local eatery when the CIA served him the old Hellfire Special and he wound up splattered all over the patio. Abdulrahman was 16, and born in Denver. As I understand it, the Supreme Court has ruled that American minors, convicted of the most heinous crimes, cannot be executed. But you can gaily atomize them halfway round the planet. My brief experience of Yemeni restaurants was not a happy one but, granted that, I couldn’t honestly say they met any recognized definition of a “battlefield.”

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Sen. Rand Paul: My Filibuster Was Just The Beginning

Rand Paul, a Republican, is a U.S. senator from Kentucky.

If I had planned to speak for 13 hours when I took the Senate floor Wednesday, I would’ve worn more comfortable shoes. I started my filibuster with the words, “I rise today to begin to filibuster John Brennan’s nomination for the CIA. I will speak until I can no longer speak” — and I meant it.

I wanted to sound an alarm bell from coast to coast. I wanted everybody to know that our Constitution is precious and that no American should be killed by a drone without first being charged with a crime. As Americans, we have fought long and hard for the Bill of Rights. The idea that no person shall be held without due process, and that no person shall be held for a capital offense without being indicted, is a founding American principle and a basic right.

My official starting time was 11:47 a.m. on Wednesday, March 6, 2013.

I had a large binder of materials to help me get through my points, but although I sometimes read an op-ed or prepared remarks in between my thoughts, most of my filibuster was off the top of my head and straight from my heart. From 1 to 2 p.m., I barely looked at my notes. I wanted to make sure that I touched every point and fully explained why I was demanding more information from the White House.

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Rand Paul Filibuster Blasted By John McCain, Lindsey Graham (+video)

Photo Credit: Gage Skidmore While Republican senators flocked to the floor Wednesday night to support Sen. Rand Paul’s nearly 13-hour filibuster, Sens. John McCain (R-Ariz.) and Lindsey Graham (R-S.C.) did exactly the opposite on Thursday.

McCain quoted heavily from a Wall Street Journal editorial that slammed Paul’s filibuster on the Obama administration’s drone use, including a line that said “If Mr. Paul wants to be taken seriously, he needs to do more than pull political stunts that fire up impressionable libertarian kids in college dorms.”

McCain called Paul’s concern that the government could kill any American with a drone “totally unfounded.” He referenced Jane Fonda, as Paul did on Wednesday, calling her “not his favorite American” for her support of the Viet Cong, but said the American government would not have killed her.

To somehow say that someone who disagrees with American policy and even may demonstrate against it, is somehow a member of an organization which makes that individual an enemy combatant is simply false,” McCain said.

Graham also chided his fellow Republicans on the floor for joining Paul in his filibuster. “To my Republican colleagues, I don’t remember any of you coming down here suggesting that President Bush was going to kill anybody with a drone, do you?” Graham said. “They had a drone program back then, all of a sudden this drone program has gotten every Republican so spun up. What are we up to here?”

Watch video here:

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RebRANDing: New GOP Emerges

Photo Credit: Breitbart On Wednesday, Senator Rand Paul (R-KY) served notice to both the Republican establishment and to the Democrat-Media Complex: conservatism isn’t gone. It’s not even on vacation. The new wave of conservatives is here, and they know how to play the game.

At approximately 11:47 a.m. EST, Paul took to the floor of the Senate to filibuster the nomination of counterterrorism czar John Brennan for CIA Director. Paul stated his reason specifically and clearly: the Obama administration has refused to answer question as to whether they believe it is acceptable under the Constitution to kill American citizens on US soil using drones if those citizens are not engaged in an immediate terrorist threat. Paul was broader than that, actually – he simply asked the administration for a set of rules that could be used to limit their power to execute American citizens here at home. Over and over again, the administration refused to turn over the legal memos detailing its policies.

And so Paul talked. And boy, did he talk. For nearly 13 hours, he talked, taking breaks only when spelled by Senators including fellow Tea Partiers Mike Lee (R-UT), Ted Cruz (R-TX), Marco Rubio (R-FL), and Pat Toomey (R-PA). Even an honest Democrat – apparently the only one in the chamber – got into the act: Senator Ron Wyden (D-OR). Citing everyone from left to right, Paul pointed out the hypocrisy of an administration ripping into waterboarding of terrorists but happy to target them for death from the skies. He asked repeatedly why the administration could not answer his simple question about the boundaries of government power. And the American people listened.

It was an astonishing demonstration of the power of ideas. Paul spoke directly to the American people from the floor of the Senate. No media interrogators. No Obama functionaries. No spin machine. He was not strident, but he was firm. “No American should ever be killed in their house without warrant and some kind of aggressive behavior by them,” said Paul. “To be bombed in your sleep? There’s nothing American about that … [President Obama] says trust him because he hasn’t done it yet. He says he doesn’t intend to do so, but he might. Mr. President, that’s not good enough … so I’ve come here to speak for as long as I can to draw attention to something that I find to really be very disturbing …

“I will not sit quietly and let him shred the Constitution …. The point isn’t that anyone in our country is Hitler. But what I am saying is that in a democracy you could somehow elect someone who is very evil … When a democracy gets it wrong, you want the law to be in place.”

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Paul Ends Senate Filibuster Of CIA Nominee Over Drone Concerns After Nearly 13 Hours (+video)

Photo Credit: Gage SkidmoreSen. Rand Paul, R-Ky., ended his old-fashioned filibuster to try and hold up the nomination of John Brennan for CIA director after nearly 13 hours early Thursday.

Business in the Senate ground to a halt Wednesday as Paul — aided by colleagues from both parties — launched into the filibuster as he tried to hold up the nomination over concerns about the president’s authority to kill Americans with drones.

Paul’s filibuster was at least two hours longer than most in U.S. history, as most flame out around 10 hours. Paul finished speaking around 12:40 a.m. local time, and his filibuster lasted 12 hours and 52 minutes. “My legs hurt. My feet hurt. Everything hurts right now,” Paul told Fox News shortly after stepping off the Senate floor, saying he believes “we did the best that we could.”

“I would be surprised if we didn’t hear back from the White House,” Paul said. In a show of support, Republican Senate Minority Leader Mitch McConnell came to the Senate floor and congratulated Paul for his “tenacity and for his conviction.” McConnell also called Obama’s choice of Brennan a “controversial nominee.”

The late Rep. Strom Thurmond holds the record for the longest filibuster, at more than 24 hours.

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Cruz Goes After Holder About Constitutionality Of Using Drones To Target Americans On US Soil

Photo Credit: Gage SkidmoreAttorney General Eric Holder and Sen. Ted Cruz, R-Texas, got into a heated discussion during a Senate Judiciary Committee hearing about the use of drones against American citizens.

Questioning Holder about a letter he sent to Sen. Rand Paul, R-Ky., in which the attorney general said it would take an “extraordinary circumstance” to use a drone to kill an American on U.S. soil, Cruz asked if such lethal force would be constitutional.

“If an individual is sitting quietly at a café in the United States, in your legal judgment, does the Constitution allow a U.S. citizen on U.S. soil to be killed by a drone?” Cruz asked Holder.

Watch video here:

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Brennan Sidesteps Query on Drone Kills in U.S.

Photo Credit: meeshypants In written answers to Senate Intelligence Committee questions released Friday, CIA director nominee John Brennan would not say whether the U.S. could conduct drone strikes inside the United States — only that it did not intend to do so.

Sen. Rand Paul, R-Ky., has placed a hold on Brennan’s nomination pending an answer to the question of when the government can use lethal force to target a U.S. citizen within the United States. Brennan, as the top White House counterterrorism and homeland security adviser to President Barack Obama, has guided administration policy on the use of drones on foreign battlefields.

Senate Intelligence Chairwoman Dianne Feinstein, D-Calif., asked Brennan in written follow-up questions to his Feb. 7 confirmation hearing, “Could the administration carry out drone strikes inside the United States?”

Brennan answered, “This administration has not carried out drone strikes inside the United States and has no intention of doing so.”

Nor did Brennan answer who precisely makes final determination within the administration about whether a U.S. citizen who is targeted for death as a suspected terrorist is actually a senior operational leader of al-Qaida, or if that person poses an imminent threat. Those are two of the standards outlined in a Justice Department legal opinion for proceeding with a targeted killing against a U.S. citizen.

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FAA Official: No Armed Drones In U.S.

An official with the Federal Aviation Administration reassured the public Wednesday that no armed drones will be permitted in U.S. airspace, but he acknowledged the agency can do little about privacy fears associated with the unmanned craft.

In an address to the drone-industry’s leading trade group, which is meeting this week in Northern Virginia, Jim Williams said existing rules already bar aircraft from using weapons and “we don’t have any plans of changing [those rules] for unmanned aircraft.”

“We currently have rules in the books that deal with releasing anything from an aircraft, period. Those rules are in place and that would prohibit weapons from being installed on a civil aircraft,” said Mr. Williams, who heads the FAA’s Unmanned Aircraft Systems Integration Office, formed last year to shepherd drones into already-crowded American skies and integrate drone use with the manned-aircraft system.

The FAA has cited “privacy concerns” as one reason it has fallen behind the congressionally mandated integration schedule, but Mr. Williams said the agency actually can’t do much of anything about those fears.

“The FAA has no authority to make rules or enforce any rules relative to privacy,” he said. “We can ask [the industry] to take into consideration the privacy issue. … There aren’t any rules to date on that.”

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FAA Releases New Drone Authorization List – See Who Applied To Have Them

Photo Credit: Google MapsLast year, alarm was raised among some Americans regarding the Federal Aviation Administration’s expanding legislation for drone use over U.S. soil and the list of 63 authorized drone sites in the country. With more recent news that the Obama administration has approved drone strikes on some U.S. citizens, which some have said is “chilling” and the government saying “we can kill you,” the FAA has recently released an updated list of domestic drone authorization applicants.

The list was obtained through a Freedom of Information Act request made by the Electronic Frontier Foundation. The list shows 20 new applicants, mostly law enforcement and universities but also the first tribal entity, EFF noted.

Here are few of the new authorization applicants EFF called out:

The State Department
National Institute of Standards and Technology (NIST)
Barona Band of Mission Indians Risk Management Office (near San Diego, California)
Canyon County Sheriff’s Office (Idaho)
Clackamas County Sheriff’s Office (Northwest Oregon)
Grand Forks Sheriff’s Department (North Dakota)
King County Sheriff’s Office (covering Seattle, Washington)
Medina County Sheriff’s Office (Ohio)
Ohio Department of Transportation (Ohio)
Sinclair Community College (Ohio)
Lorain County Community College (Ohio)
EFF’s Jennifer Lynch, a staff attorney for the privacy advocacy organization, wrote the hope of the nonprofit in releasing this information is that people will ask their own local law enforcement about their plans for drone use.

“We also encourage people to ask hard questions of government officials about who is funding drone development in their communities and what policies the government will demand agencies follow if they fly drones,” Lynch wrote on the website. “We need greater transparency and citizen push-back to protect Americans from privacy-invasive domestic drone use.”

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Iran Releases Footage Allegedly Extracted From US Drone

Photo Credit: APIran says it has broadcast footage on state TV allegedly extracted from a CIA drone captured in 2011 after it entered Iranian airspace near the Afghan-Iran border.

The video aired late Wednesday on Iranian shows an aerial view of an airport and a city, said to be a U.S. drone base and Kandahar, Afghanistan. The TV also showed images purported to be the Sentinel landing at a base in eastern Iran but it was unclear if that footage meant to depict the moment of the drone’s seizure.

The TV also showed images purported to be the Sentinel landing at a base in eastern Iran.

“”We aren’t able to confirm the authenticity of the video,” a spokesman from the Department of Defense told Fox News.

“As you know, we don’t provide details regarding matters of intelligence.”

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