
The disclosure Tuesday evening of the Department of Justice white paper on targeted killing (pdf) has sparked a lot of debate, much of it focused on the Obama administration's extraordinarily broad interpretation of what constitutes an "imminent" threat that justifies lethal force as an act of self-defense. As Senator Rand Paul (Republican, Kentucky) told reporters during a conference call on Wednesday, "only a team of lawyers could define 'imminent' to mean the exact opposite" of what the word means in the real world.
There are, no doubt, many Americans alive today who should be thankful their healthcare providers did not apply the administration's interpretation of "imminent" to decide if they had crossed over the line of imminent death and said pull the plug.
Some people have acquired power and profits in post-9/11 America by pandering to and perpetuating fear. As has been the case on a range of legal issues - torture, indefinite detention, warrantless surveillance, kill lists - all it takes is for someone to say "terrorism" and "threat to security" in the same breath for the vast majority of the public to handover its principles. Rather than a serious discussion on the proper law/liberty/security balance, too often the public accepts the false syllogism that whatever it takes to stop "them" from hurting "us" is obviously, as White House spokesman Jay Carney might say, "legal, ethical and wise".