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Can the president authorize drone attacks on US citizens?

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    Stephanie Hessler from the Manhattan Institute stops by to discuss

  • Duration 5:03
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And now we're gonna turn to Stephanie has -- Who has written a barrier I think -- about assassinating.

American citizens the drone strikes at center and -- Japanese background she's at the Manhattan institute this national power which -- former member.

Of the Senate Judiciary Committee and a constitutional -- Now what's wrong with killing bad guys like Al -- lucky -- married him if they are American citizens they've declared war on the United States.

So I think with the US citizen rather than -- Warren enemy combatant.

The constitution it's.

And this is the first time in our nation's history that the president has claimed unilateral.

Unchecked power to target and kill a US citizen.

Our constitution the Fifth Amendment.

Does not allow the president to take the life.

Of the citizen unless there's due process of law.

If I do profits remain you've got a guy you put him on trial you convict in -- security due process at its core.

Is a judicial check on executive -- -- So the president cannot deprive you of your life it was a judge says that it's okay.

But the Obama administration would like to do away with the rule of the -- thing that you.

Can be the judge that the court is not needed because it did its own internal review.

So this is something say the Justice Department as a review decides -- locking for example -- have have al-Qaeda and Yemen.

Bad guy we can go take him at any time exactly it's an intra executive check on executive power right.

And that.

Is a mockery of our system of separation of powers the executive branch cannot be its own check on executive -- -- wasn't sure -- practically our network okay I'm a federal judge.

Here than to snag your -- Jerry come and say we've got this bad guy and her sights if we get -- can you give us permission in advance to when we find them.

We can take him out because presumably if we find -- we don't have time to go find some federal judge make the case.

I've -- is long gone right.

Exactly so I think congress should pass a law that requires the president to seek judicial approval.

For targeted killings of US citizen this is premeditated.

Killing.

Not obviously.

Real time right -- I added and it battling a bad message there isn't -- -- narrow circumstances US citizens.

Targeted killings and the -- should be answering one specific question is the person an enemy combatant.

If the answer is yes if there's evidence to show that they are -- they can be treated it like any other enemy combatant and can we killed and -- so we've never done this.

Before we have never gone out and targeted American citizens somewhere in the world.

Without due process.

No we've never done this before it is unprecedented OK what about Arabs aren't necessarily that the next wave of terrorism is going to be homegrown -- and we've been.

Hearing about what we've seen it was seen examples have it.

Can the administration or the executive branch down preemptively.

Take out someone who is that.

An American citizen who's talked about terrorist activities.

And has it done.

Well under its rationale -- -- in fact when the attorney general.

He gave his speech on targeted killings he said no limits on executive power and this was something that a lot of people missed when you -- when he made the speech.

He said circumstances in which the executive branch ten -- you.

But he gave no limits on when it can't in fact the New York Times didn't editorial the next day or few days later in which they completely got this went wrong.

So that's -- -- process is really neat so in other words.

There's added there's an al-Qaeda cell in the Hezbollah cell in the United States senate now on American citizen is part of this.

You wanna go take them out.

For the American citizen.

You would need some kind of pre -- you know prior.

Designation that it's okay but -- but -- American citizens can you take them out before they commit the crime.

For the non US citizen because the non US and -- citizen if you think.

Does not have any constitutional rights even if he's in the United States well.

But this is we have normally given constitutional rights to lawful citizens' right are -- lawful residence here.

I think if we're talking about -- generally -- attacking.

That doesn't -- in the United States that I somewhere abroad Brett.

I think it becomes much more complex ones we're talking about in the united the United States however the constitution specifically contemplates war and they're.

There -- specific provisions for wartime powers and wartime rights and the right to due process is not one that has a wartime exemption and our founders specifically anticipated that even US citizens could turn against our government which is why.

Treason and rebellion and invasion which is I think what you're talking about are all addressed in the constitution.

And this is why it's very important for the Supreme Court has said the state of where is not a blank check for the president in time of war.

And we need to continue to look at.

The provisions that our constitution happens to protect US it's okay this.

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