Do we need a court to vet drone strikes?
A drone court would have the same appeal, bringing in an independent arbiter. But it is likely there would be serious limitations to its jurisdiction. Most experts say judges do not have the alacrity or expertise to rule on a frantic call from the C.I.A. every time a terrorism suspect is in its sights. A better approach would be to have the court rule on whether the government had enough evidence against a suspect to place him on the kill list.
But if the court’s jurisdiction extended to every foreign terrorism suspect, even some proponents believe, it might infringe on the president’s constitutional role as commander in chief. Senator King, for instance, said he thought the court would pass constitutional muster only if it were limited to cases involving American citizens.
With such limits, however, a drone court would not address many of the most pressing concerns, including decisions on which foreign militants should be targeted; how to avoid civilian deaths; and how to provide more public information about strike rules and procedures.
“In terms of the politics and the optics, aren’t you in the same position that you are now?” said William C. Banks, a national security law expert at Syracuse University. “It’s still secret. The target wouldn’t be represented. It’s a mechanism that wouldn’t satisfy critics or advance the due process cause much.”











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If the NY Slimes is for it, then I’m against it.
RoadRunner on February 9, 2013 at 12:03 PM
No, we’ll let “Dad” decide for us.
Cindy Munford on February 9, 2013 at 12:10 PM
No.
Blake on February 9, 2013 at 12:17 PM
All a court would do is to lend credibility to an immoral act. But maybe it would help the American sheople keep their heads in the sand and ignore the reality of our situation.
ReformedDeceptiCon on February 9, 2013 at 12:26 PM
Just how many Americans could possibly be on any kill list? Do we really want to answer that? I would hope the number is so small they could be easily vetted and when they are spotted and taken out with little fuss.
major dad on February 9, 2013 at 12:30 PM
No, but let’s codify the requirements needed when targetting US citizens. Right now it’s all up to the Executive Branch. Too arbitrary.
Statutory changes and Congressional oversight. That isn’t perfect but I think it’s enough to prevent abuse while protecting the due process rights of citizens.
SteveMG on February 9, 2013 at 12:38 PM
I’m pretty sure the editors at the Old Grey Wh0re like ice cream.
Are you now taking a stand against ice cream? Because, really, everybody likes ice cream…
JohnGalt23 on February 9, 2013 at 12:41 PM
Let’s see how fast they change their mind with a Republican CiC…
ladyingray on February 9, 2013 at 12:42 PM
We already have a process in place in the law to address this problem. The process calls for the State Department to act on the revocation of citizenship.
This requires it be announced along with an allowance of time for the person to show cause why it should not be revoked usually with a requirement to surrender to American authorities. Then a determination is made either with a review of the evidence or a trial held, in this case for treason. If the determination is made for revocation, he’s become what’s called an outlaw, which means the person has no right to the refuge of American laws.
The current law might need some tweaking to solve some problems but the procedure is already there.
Dusty on February 9, 2013 at 1:06 PM
On US citizens?
One would hope so…
Count to 10 on February 9, 2013 at 1:11 PM
I had kind of assumed something like that existed, but never really looked into it.
Count to 10 on February 9, 2013 at 1:14 PM
As far as non-US citizens are concerned, it’s up to their country of origin and current country of residence to object.
Count to 10 on February 9, 2013 at 1:16 PM
You only need to give citizens their due process.
The argument that it is too much work to do in order to defend us can go all the way down the chain of social activities.
Murder? Just shoot them, no need for capture and trial.
Assault? Just shoot them, no need for capture and trial.
Jay Walking? Just shoot them, no need for capture and trial.
Not only that, but just hand out that same power to every citizen. If they want to off someone out on the street, no need to ask them why they did, just trust that they had a good reason to do it.
Oh, wait, I think keeping citizens from killing each other off was part of the reason we implement government. To protect our God given rights. So, why is it that we can just disregard this reason for the existence of government? We cannot, for when it can kill its citizens without regard to due process and ensure that the citizens are rightly denied their right to life, then it is no longer a government in place to defend our rights, but a government intent to deny our rights. Being good takes effort, at least providing a proper open and challengeable process forces the government to uphold its reason for existence, to protect our rights, the paramount one being our life.
astonerii on February 9, 2013 at 1:19 PM
Yes, but the 5th Amendment says that “no person….shall be denied life, liberty or property without due process…”
“No person” not just US citizens.
So, even if they lose their citizenship and become “outlaws” they don’t lose all of their due process rights. As I understand it.
The question is what due process rights do they have? You say a “review of evidence”. By whom? A court?
The issue, for me, is whether the Executive Branch – and it alone – can make these decisions.
SteveMG on February 9, 2013 at 1:21 PM
I’m lactose-intolerant so no, I don’t like ice cream.
RoadRunner on February 9, 2013 at 1:38 PM
No, but I think we need a vet to court drone strikes. To give this power to an anti-military, never served, marxist coward is unconscionable.
Old Country Boy on February 9, 2013 at 1:49 PM
No. What you need is a declaration of war. Keep this out of the judicial system.
Obama doesn’t want official “war” because he’d be much more accountable to Congress. Congress doesn’t want war because they’d be more responsible.
If there is no backbone to declare war then shut up and stop killing people.
If there is reason for war, as I believe there is against Al Qaida, then be transparent with your goals, and the state of progress regarding the same–that is, be accountable to Congress and the public.
G. Charles on February 9, 2013 at 1:52 PM
Actually, the Fifth amendment also answers your question regarding the who and the procedure;
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;
Note: the only exception are people in service to the U.S. in the military or militia, not traitors.
So essentially, it’s not a Drone’s Court we want, but a Grand Jury review of the evidence against a suspected Terrorist before they may be put on that Kill List Obama so Proudly Hails.
jaydee_007 on February 9, 2013 at 1:54 PM
Not when you have Brennan.
Schadenfreude on February 9, 2013 at 2:36 PM
No we need to grow a backbone and DECLARE WAR.
But hey, that could mean some inbred son of a harlot politician got held responsible for declaring another pointless war, now wouldn’t it?
MelonCollie on February 9, 2013 at 4:50 PM