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So here we have the nauseating spectacle of the Obama administration secretly targeting its own citizens for assassination, boasting in public about it in order to show how Tough and Strong the President is, but then hiding behind broad secrecy claims to shield their conduct from meaningful transparency, public debate, and legal review, all while pretending that they are motivated by lofty National Security Concerns when wielding these secrecy weapons.

Panetta’s whole case rests on simply asserting, without proving, that Awlaki was a Terrorist trying to “kill Americans.” That, of course, is precisely what is in dispute: actual Yemen experts have long questioned whether Awlaki had any operational role at all in Al Qaeda (as opposed to a role as its advocate, which is clearly protected free speech). No evidence has been publicly presented that Awlaki had any such role. We simply have the untested, unverified accusations of government officials, such as Leon Panetta, that he is guilty: in other words, we have nothing but decrees of guilt.

Not included in the State of the Union message was any reference to the provision in the recently signed National Defense Authorization Act that allows the US government to suspend due process of law and use the military to arrest and indefinitely detain US citizens on vague and opportunistic charges of “suspicion”

Rah rah rah…

It’s true, as Sanchez observes, that “the owners of Megaupload don’t seem like particularly sympathetic characters,” but he also details that there are difficult and weighty issues that would have to be resolved to prove they engaged in criminal conduct. Megaupload obviously contains numerous infringing videos, but so does YouTube, yet both sites also entail numerous legal activities as well. As Sanchez put it: “most people, presumably, recognize that shutting down YouTube in order to disable access to those videos would not be worth the enormous cost to protected speech.”

We should restore due process in in America so we can stop limply discussing whether people are “terrorists” after they have been assassinated, whether web site operators were “pirates” after they have been driven off the internet. Parroting all-purpose “bad guy” labels on broadcast media to explain government violence after the fact is not justice, it’s the abandonment of it.

Both groups pointed out that this is the first time indefinite detention has been enshrined in law since the McCarthy era of the 1950s, when — as the ACLU put it — “President Truman had the courage to veto” the Internal Security Act of 1950 on the ground that it “would make a mockery of our Bill of Rights” and then watched Congress override the veto.

Well, at least there’s that. We’ve been to the brink and recovered before.

“Why are you excluding the press from observing this?” I asked.

“Because this is a frozen zone. It’s a police action going on. You could be injured.”

This is the same terminology they use to corral unlucky, innocent travelers at the Atlanta airport. Funny how that works.