An Executive Power to Kill?
The President of the United States can order the killing of US citizens, far from any battlefield, without charges, a trial, or any form of advance judicial approval. That’s what Attorney General Eric Holder told a group of students at Northwestern Law School yesterday, in a much anticipated speech. The Constitution requires the government to obtain a judicial warrant based on probable cause before it can search your backpack or attach a GPS tracking device to your car, but not, according to Holder, before it kills you. If you are inclined to trust Obama with such power, what about the next administration? Or the leaders of Saudi Arabia, Russia, or China? In international law, what the United States does is often a precedent (or pretext) for others, and we will not have a monopoly on drone killing for long.
March 6, 2012
Killing Citizens in Secret
Sunday’s *New York Times* reported that the Justice Department’s Office of Legal Counsel has produced a fifty-page legal memo that purportedly authorized President Obama to order the killing of a US citizen, Anwar al-Awlaki, without a trial. Last month, the US carried out that order with a drone strike in Yemen that killed al-Awlaki and another US citizen traveling with him. The strike was front-page news, and apparently was undertaken with the approval of Yemen authorities, yet as it was a “covert operation,” the Obama administration has declined even to acknowledge that it ordered the killing.
October 9, 2011