NAPOLITANO: Can the president kill you?

Can the president kill an American simply because that person is dangerous and his arrest would be impractical? Can the president be judge, jury and executioner of an American in a foreign country because he thinks that would keep America safe? Can Congress authorize the president to do that? Earlier this week, Attorney General Eric H. Holder Jr. attempted to justify presidential killing in a speech at Northwestern University law school. In it, he recognized the requirement of the Fifth Amendment for due process. He argued that the president may substitute the traditionally understood due process - a public jury trial - with the president’s own novel version of it; that would be a secret deliberation about killing. Without mentioning the name of the American the president recently ordered killed, Mr. Holder suggested that the president’s careful consideration of the case of New Mexico-born Anwar al-Awlaki constituted a form of due process. Mr. Holder argued that the act of reviewing al-Awlaki’s alleged crimes, what he was doing in Yemen and the imminent danger he posed provided al-Awlaki with a substituted form of due process. He did not mention how this substitution applied to al-Awlaki’s 16-year-old son and a family friend, who also were executed by CIA drones. He also did not address the absence of any support in the Constitution or Supreme Court case law for his novel theory...more