This Sure Doesn't Sound Like Law Enforcement Standards

Benjamin Wittes
Wednesday, May 4, 2011, 1:16 PM
Eric Holder, the Politico is reporting, has now said that it would have been lawful to shoot Bin Laden even if he had tried to surrender:
Holder initially said the U.S. team "obviously" should have accepted if bin Laden attempted to surrender, but after some prodding by Sen.

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Eric Holder, the Politico is reporting, has now said that it would have been lawful to shoot Bin Laden even if he had tried to surrender:
Holder initially said the U.S. team "obviously" should have accepted if bin Laden attempted to surrender, but after some prodding by Sen. Lindsey Graham (R-S.C.) the attorney general said there'd have been a "good basis" for the SEALs to have killed the Al Qaeda leader if he gave some indication of giving up. "To those out there who question what happened here, the intelligence and the statements from the man himself said he’d never be taken alive, that he had bombs strapped to himself," Graham said. "The Navy SEAL team had to believe from the moment they encountered bin Laden, whether he raised his hands or not--that could have been a fake surrender, that they were well within their rights and shooting him as soon as possible probably protected everybody, including the SEALs and women and children." "It was a kill or capture mission. He made no attempt to surrender and i tend to agree with you that, even if he had, there’d be a good basis on the of the part of those very brave Navy SEAL team members to do what they did in order to protect themselves and the other people in that building," Holder replied. "What they did was entirely lawful and consistent with our values."

Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.

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