As Harvard Law professor Noah Feldman observes, there is "no precedent for the idea that due process could be satisfied by some secret, internal process within the executive branch." In other words, due process could be satisfied by procedures operating within the executive branch, with no judicial oversight and only a vaguely described interaction with Congress. citizens can't be imprisoned, let alone killed, without due process, bizarrely claimed that due process need not be judicial process. Attorney General Eric Holder, while acknowledging that Supreme Court precedent makes clear U.S. The administration has not fully presented its legal justification for the al-Awlaki killing. The Obama administration must identify the power to have ordered his killing in a way that is compatible with the Constitution and U.S. military operation raises specific questions because he was a U.S. But the killing of al-Awlaki in a joint CIA-U.S. It claimed al-Awlaki could be placed on a kill or capture list because he was a senior operational leader in his group, directly involved in planning attacks against the United States.ĭrone strikes present issues under international law (as well as moral questions). However, the Obama administration did not order his killing because of al-Awlaki's hateful YouTube videos. His group, al-Qaida in the Arabian Peninsula, was behind the failed 2009 attack on a plane headed to Detroit. citizen who had become a terrorist propagandist in Yemen. drone strike killed Anwar al-Awlaki, a U.S. To understand what the Barron dispute is about, it's important to consider the background. It is not a question of revealing counterintelligence methods - it is a matter of explaining to the public what the executive branch, and a nominee to an important federal court, think the Constitution says about the scope and limits of executive power.
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