So the Obama Adminstration has decided to invoke an expanded view of the powers of commander-in-chief and kill them anyway. This has raised the obvious constitutional questions, which there are other constitutionally based answers to. It's a complex issue. The question now is whether the administration has internal rules that ensure the use of this power is not arbitrary, and that it follows certain guidelines, and by the way what are those guidelines. A group of Senators is among those who would like to know more.
An NBC report details the issue and provides a link to a Justice Department memo that purports to outline the process used to select targets and move on them:
The undated memo is entitled “Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operational Leader of Al Qa’ida or An Associated Force.” It was provided to members of the Senate Intelligence and Judiciary committees in June by administration officials on the condition that it be kept confidential and not discussed publicly.
Although not an official legal memo, the white paper was represented by administration officials as a policy document that closely mirrors the arguments of classified memos on targeted killings by the Justice Department’s Office of Legal Counsel, which provides authoritative legal advice to the president and all executive branch agencies. The administration has refused to turn over to Congress or release those memos publicly -- or even publicly confirm their existence. A source with access to the white paper, which is not classified, provided a copy to NBC News.
Soon enough we will look at the expansionof the executive power in the US and the various part of the Constitution that have facilitated it. One is the commander-in-chief power. More to come.
