AntiWar
David Elkins
Two days after U.S. Attorney General Eric Holder outlined the statutory justifications for “targeted killings,” civil liberties groups here continue to question the legality of the Obama administration’s policy, particularly as it applies to the rights and very lives of both U.S. citizens and foreign nationals.
Speaking before law school students on Monday, Holder rebuffed claims that the president is required, under the U.S. Constitution, to obtain permission through a process of judicial review to assassinate U.S. citizens suspected of involvement with al-Qaeda.
Holder argued that the distinction between due process — the right guaranteed to U.S. citizens that the government cannot deprive life without due process of law — and judicial process — the system of military courts used to try suspected terrorists during a time of war — was an important one.
“The Constitution guarantees due process, not judicial process… These circumstances are sufficient under the Constitution for the U.S. to use lethal force against a U.S. citizen abroad — but it is important to note that the legal requirements I have described may not apply in every situation,” Holder noted.
Although the Obama administration has stated publicly that its policy to assassinate U.S. citizens and foreign nationals allegedly involved with terrorist organizations does not fall outside of legal bounds, the actual decision-making process — how, when and under what circumstances — through which authority is granted remains classified.
The debate over targeted killings reignited in December 2011 when President Obama signed into law a bill that included language reaffirming the executive’s right “to use all necessary and appropriate force” in combating terrorism.
David Elkins
Speaking before law school students on Monday, Holder rebuffed claims that the president is required, under the U.S. Constitution, to obtain permission through a process of judicial review to assassinate U.S. citizens suspected of involvement with al-Qaeda.
Holder argued that the distinction between due process — the right guaranteed to U.S. citizens that the government cannot deprive life without due process of law — and judicial process — the system of military courts used to try suspected terrorists during a time of war — was an important one.
“The Constitution guarantees due process, not judicial process… These circumstances are sufficient under the Constitution for the U.S. to use lethal force against a U.S. citizen abroad — but it is important to note that the legal requirements I have described may not apply in every situation,” Holder noted.
Although the Obama administration has stated publicly that its policy to assassinate U.S. citizens and foreign nationals allegedly involved with terrorist organizations does not fall outside of legal bounds, the actual decision-making process — how, when and under what circumstances — through which authority is granted remains classified.
The debate over targeted killings reignited in December 2011 when President Obama signed into law a bill that included language reaffirming the executive’s right “to use all necessary and appropriate force” in combating terrorism.
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