The document was produced following a review of the legal issues raised by striking a U.S. citizen and involved senior lawyers from across the administration. There was no dissent about the legality of killing Aulaqi, the officials said.
“What constitutes due process in this case is a due process in war,” said one of the officials, who spoke on condition of anonymity to discuss closely held deliberations within the administration…
The Justice Department has refused to disclose the exact legal analysis it used to authorize targeting Aulaqi, or how it considered any Fifth Amendment right to due process…
“International human rights law dictates that you can’t unilaterally target someone and kill someone without that person posing an imminent threat to security interests,” said Vince Warren, executive director of the Center for Constitutional Rights. “The information that we have, from the government’s own press releases, is that he is somehow loosely connected, but there is no specific evidence of things he actualized that would meet the legal threshold for making this killing justifiable as a matter of human rights law.”
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