Fox News
Expand
Browse All Video
Watch Live

You're watching...

Can U.S. Designate an American to be Killed?

Details

  • Description

    Former Attorney General Alberto Gonzalez explains

  • Duration 4:04
  • Date

Clips

Also in this playlist...

Editor's Picks

Auto-advance: ON

Auto-advance
View All

Transcript

This transcript is automatically generated

Good morning you know laureate other terrific better now that you're with -- that you have written -- op -- for Fox News Latino dot com.

Talking about the targeting of Americans tell me your perspective.

Well I wrote the column that to highlight that if our if I would accounts for the president of the attorney general when -- -- was made.

I would've wanted in the Oval Office and I think Alexander the president this president I think -- he -- have the authority as commander in chief.

And -- -- under the authorization for use of military force passed by congress to take this action.

But Allen also cautioned him I'm not sure there -- five votes on this current court.

That says that -- president unilaterally on his own can designate an American to be killed.

And and I and I and I say that based upon.

That that -- that court struggle with other terrorism cases in the past and so again.

The purpose of the -- simply point out that that I would caution the president about taking this kind of action because it's one thing as a lawyer to be to feel like Iran animal law.

There is equally important to know that he has five doesn't Supreme Court support that decision.

You know there are some Americans out there that would follow this though mr.

Gonzales with a question about -- what would you have us do.

Just letting terrorists get away when you had a chance to get him.

Absolutely not but but you know once for example one thing we could do is have congress passed some -- legislation.

They would provide basic parameters and how that is the -- it would make this kind of decision.

Again that we've seen in the past that the Supreme Court has been very very reluctant are concerned about the ability of a president -- to even detained an American citizen.

Based solely upon his own evaluation that in the past.

They require that a neutral decision maker be involved in the process.

In making that kind of decision regarding an American citizen with respect to detention and so.

That the question I have is with the current because the court have.

Equal concern even more concern about a decision unilaterally by the president to kill an American citizen.

You know when all of this came about.

And I don't know I'm not sitting in a room someplace where they find this target decide you know to go forward how it work mr.

Gonzales and they're on a room.

And and military executives along with executives with me or personnel along with executives from this administration -- around -- see -- target rich environment.

They going to hit that target that -- -- handsome guy like you and say well is it legal burden they just go how doesn't work.

Now generally again there are two decision points here the first decision point is is whether or not to designate someone like -- lucky.

On this kill list that's okay I got a that's a decision point today and that that's where I think the courts might say.

We need to have someone else and -- besides just the president I say it's now once a person is legitimately.

An enemy combatant and enemy of the state.

And then when the opportunity -- and then that's a decision point be at that point I believe it is should be left entirely to the prerogative of the executive branch to take the action is necessary.

Including including killing followed a legitimate military target.

But again this is the decision point they -- I think from questions might be asked by members of this court.

When you say you know get others involved it's very seldom than anybody unanimously agrees on anything and I mean when it comes to killing in this country we can't seem to agree on and it also.

Do we miss our targets because we can't all agree.

Well again.

Once you may hit you once you've made the decision put them on the kill list and you go for once on -- kill list in the executive branch acts entirely on his own -- own prerogative so that is so that there isn't any unnecessary delay.

And we don't lose the opportunity I take out a legitimate military target.

Well and then let's say that they agree that they're not gonna -- So and so while walking whoever it is on a kill list what is the alternative -- and in terms of going after him that you -- Well the opportunity may arise.

Two in fact to capture -- if we if we -- information about about his location we can you seal teams to go win.

And extract him from what I think I killed an -- --

Load More