Death Without Due Process
" Our Constitution and international law strictly limit extrajudicial killing, for good reason. In areas of actual armed conflict, killing can be lawful because of battlefield requirements. Outside that context, an extrajudicial killing is legal only as a last resort, and only in response to a truly imminent threat. This makes sense: If a threat is imminent, there is no time for judicial review. In every other context, the Constitution requires the government to prove its case to a court before it kills. After all, allegations aren't evidence - the difference between the two is due process."
That would mean that anyone killed in war should have got a trial. I think the reason why killing someone in war is legal is because their is some kind of legislative act saying so. A declaration of war is a good example. People in power just can't go around and kill, steal, etc, etc without some kind of written rule or law to do so. It kind of prevents them from ignoring the legislative body of the government. That is the body that makes the rules.
This is about the people deciding whether or not a president's actions are appropriate through the political process, not judicial; as the courts have no role or authority to make such a determination consistent with political question doctrine:
“[T]he Supreme Court has held that federal courts should not hear cases which deal directly with issues that Constitution makes the sole responsibility of the other branches of government. Baker v Carr, 369 U.S. 186 (1962). Therefore, the Court has held that the conduct of foreign relations is the sole responsibility of the executive branch, and cases challenging the way the executive is using that power present political questions. Oetjen v. Central Leather Co., 246 U.S. 297 (1918).”
Political Question Doctrine
Clearly. addressing the threat posed by terrorists abroad manifests as “conduct of foreign relations [which] is the sole responsibility of the executive branch,” where due process does not come into play, and where a president is not acting in the capacity of judge, jury, or executioner.
The people are at liberty to oppose a president's actions in this regard pursuant to their First Amendment rights, to campaign against a sitting president during a General Election, and to vote against a president because of his foreign policy positions; but due process is not at issue, due process does not apply outside of the jurisdiction of the United States, and this is not an issue that concerns the courts.
If you are willing to have GWB make the decision to take you out while you are in a cafe eating lunch, just because the flawless CIA told him to kill you because of something a captive told them while being waterboarded then OK stand by what you say.
lol.... Everything is Bush's fault!....
You realize that it was Obama, that expanded the CIA drone strike program? Right? The only US citizen who has been signed off by the POTUS for a drone strike, happened under Obama. Not Bush.
Bush did sign off on a drone strike, intended to kill Al-Harithi, who was linked to the USS Cole bombing. Kamal Derwish was in the car with Al-Harithi, who was an American citizen, but he was not the intended target. Bush signed off on the Al-Harithi attack. But he did not sign off on a strike against a specific US citizen.
Obama on the other hand did. Obama signed off on a specific strike against Anwar al-Aulaqi, who was a US citizen, and there were 3 other US citizen in the car with Al-Aulagi, which were killed also.
You people on the left... no matter what Obama does "Bush targeted US Citizen!".. Ignore your guy, and blame someone else when it isn't true.
That said, I generally agree with your basic premise. Drone strikes need proper accountability, and a limited scope. However... when you are riding in a car with known avowed terrorists, and you are carrying weapons and explosives.... To me it's a bit like how we dealt with cattle rustlers in ages past. You were found with cattle rustlers, and you were hanged with cattle rustlers.
Honestly... If I'm hanging out with mass murderers in Pakistan, riding around with weapons and explosive, I can't really blame anyone for blowing my butt up.