Source: TPM
Ryan J. Reilly
Ryan J. Reilly
The Obama administration believes that executive branch reviews of
evidence against suspected al-Qaeda leaders before they are targeted for
killing meet the constitution’s “due process” requirement and that
American citizenship alone doesn’t protect individuals from being
killed, Attorney General Eric Holder said in a speech Monday.
“Due process and judicial process are not one and the same,
particularly when it comes to national security,” Holder said. “The
Constitution guarantees due process, not judicial process.”
Broadly outlining the guidelines the Obama administration has used to
conduct lethal drone stikes overseas, Holder said the U.S. government
could legally target a senior operational al Qaeda leader who is
actively engaged in planning to kill Americans if the individual (1)
posed an imminent threat of violence; (2) could not feasibly be
captured; and (3) if the operation was conducted in line with war
principles.
Such a use of lethal force against that type of individual, Holder
said, wouldn’t violate the executive order banning assassinations or
criminal statues because such an act would be in “self defense.” In
remarks delivered at Northwestern University Law School in Chicago,
Holder also said that targeted killings are not “assassinations,” adding
that the “use of that loaded term is misplaced” because assassinations
are “unlawful killings” while targeted strikes are conducted lawfully.
The Justice Department’s Office of Legal Counsel (OLC) has so far
refused to release a copy of a legal memorandum justifying the targeted killing of the U.S. born Anwar al-Awlaki, who allegedly inspired several attacks or attempted attacks on the U.S.
While not mentioning Anwar al-Awlaki by name — Holder said he “cannot
discuss or confirm any particular program or operation” — he arguably
referenced his killing by using the example of a U.S. born al Qaeda
leader. Holder said that “citizenship alone does not make such
individuals immune from being targeted.”