Federal Court: Drone Killing of U.S. Citizens Is Constitutional

By:  Joe Wolverton, II, J.D.
04/10/2014
       
Federal Court: Drone Killing of U.S. Citizens Is Constitutional

A federal district court dismissed a challenge to the constitutionality of the Obama administration's targeted killing by drone of American citizens.

On April 4, a federal court dismissed a lawsuit challenging the constitutionality of the Obama administration’s killing of three American citizens in two drone strikes in 2011.

The complaint was filed by the American Civil Liberties Union (ACLU) and the Center for Constitutional Rights (CCR) on behalf of the families of Anwar al-Awlaki, Samir Khan, and Abdulrahman al-Awlaki, Anwar al-Awlaki's 16-year-old son.

The complaint focuses on the violations to the Constitution arising from the assassinations of the three men, who were American citizens. Anwar al-Awlaki was born in the state of New Mexico, while his son Abdulrahman was born in Colorado. Khan was a naturalized U.S. citizen whose family lived in Charlotte, North Carolina. Anwar Al-Awlaki and Samir Khan were killed in Yemen on September 30, 2011, while Anwar's son Abdulrahman was killed in a separate drone strike on October 14, 2011.

According to the lawsuit:

The U.S. practice of "targeted killing" has resulted in the deaths of thousands of people, including many hundreds of civilian bystanders. While some targeted killings have been carried out in the context of the wars in Afghanistan and Iraq, many have taken place outside the context of armed conflict, in countries including Yemen, Somalia, Pakistan, Sudan, and the Philippines.

These killings rely on vague legal standards, a closed executive process, and evidence never presented to the courts.... The killings violated fundamental rights afforded to all U.S. citizens, including the right not to be deprived of life without due process of law.

All those reasonable arguments are moot now, in light of the court’s tossing of the case.

Upon hearing the court’s decision, Nasser Al-Awlaki, the father of Anwar and grandfather of Abdulrahman, said, as reported by the CCR:

I am deeply disappointed by the judge’s decision and in the American justice system. What I am asking is simply for the government to account to a court its killings of my American son and grandson, and for the court to decide if those killings were lawful. Like any parent or grandparent would, I want answers from the government when it decides to take life, but all I have got so far is secrecy and a refusal even to explain.

Although Obama administration officials finally admitted that the three men were killed by the United States, they argued to the federal court that national security concerns should preclude the matter from being adjudicated.

While Judge Rosemary M. Collyer refused to accept the concept of the executive branch judging the constitutionality of its own actions, she dismissed the suit.

On the CCR website, the group’s lead attorney, Maria LaHood, commented on the effect of Collyer’s refusal to judge the legality of the murders:

Click here to read the entire article.

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