Presidential Assassinations of U.S. Citizens

"The Washington Post's Dana Priest today reports that "U.S. military teams and intelligence agencies are deeply involved in secret joint operations with Yemeni troops who in the past six weeks have killed scores of people."  That's no surprise, of course, as Yemen is now another predominantly Muslim country (along with Somalia and Pakistan) in which our military is secretly involved to some unknown degree in combat operations without any declaration of war, without any public debate, and arguably (though not clearly) without any Congressional authorization.  The exact role played by the U.S. in the late-December missile attacks in Yemen, which killed numerous civilians, is still unknown.

But buried in Priest's article is her revelation that American citizens are now being placed on a secret "hit list" of people whom the President has personally authorized to be killed:

After the Sept. 11 attacks, Bush gave the CIA, and later the military, authority to kill U.S. citizens abroad if strong evidence existed that an American was involved in organizing or carrying out terrorist actions against the United States or U.S. interests, military and intelligence officials said. . . .

The Obama administration has adopted the same stance. If a U.S. citizen joins al-Qaeda, "it doesn't really change anything from the standpoint of whether we can target them," a senior administration official said. "They are then part of the enemy."

Both the CIA and the JSOC maintain lists of individuals, called "High Value Targets" and "High Value Individuals," whom they seek to kill or capture.  The JSOC list includes three Americans, including [New Mexico-born Islamic cleric Anwar] Aulaqi, whose name was added late last year. As of several months ago, the CIA list included three U.S. citizens, and an intelligence official said that Aulaqi's name has now been added."

Read more about this story by Glenn Greenwald at Salon.com

"James Joyner argues that this "hit list" policy is not much different than our drone attacks in Pakistan, which Obama has substantially escalated, and that "no one seems to be complaining about the President's authority" to kill suspected Terrorists there.  Actually, there are substantial questions about the legality of those drone attacks, though the complete secrecy behind which the program operates makes those questions very difficult to address.  Beyond that, though, there's a substantial difference between a government which (a) targets foreign nationals whom it claims are part of a enemy organization and (b) targets its own citizens for assassination without any due process.  They both have substantial legal and moral problems, and killing innocent foreigners is obviously no better than killing one's own innocent citizens, but (a) is at least a fairly common act of war, whereas (b) -- as the U.S. Government itself has long argued -- is a hallmark of tyranny.  There's a much greater danger from allowing a government to target its own citizens for extra-judicial killings."