Michael MacFarlane
Unwitting troll accomplice
Posts: 8,272
After thinking about this some more I don't understand why there's no requirement for a judicial warrant of some kind. If the question whether Awlaki has voluntarily given up his citizenship were raised in a legal proceeding, we'd require the government to prove that he has. If we want to kill him, it seems to me that at minimum the President or the CIA should have to make that same showing before a court.
As Greenwald points out in the opinion piece that buck linked, it doesn't make much sense to say that the President lacks power to detain indefinitely a person with a claim to American citizenship, but that he has the power to kill such a person.
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