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Questions continue over constitutionality of US drone policy

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    Reaction to Sen. Rand Paul filibuster

  • Duration 3:54
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Right now a lot of attentions on -- attention is on our nation's drone policy.

After Kentucky senator Rand Paul filibuster spoke for nearly thirteen hours in that rare move.

Focusing on what he says is the Obama administration's refusal.

To rule out the possibility of drone strikes on US citizens.

Paul saying no American should ever be killed by a drone on American soil without first being charged with a crime and found guilty by a court.

Joining us now Fox News senior judicial analyst judge Andrew Napolitano I know you have some pretty strong feelings about the drone program -- a senator Palmyra.

The exact same page he and I have discussed this many times when we did not discuss how one stands and stays a week.

And and lives as a normal human being for thirteen hours -- Obama while adds and I wasn't even the record Strom Thurmond did it more than 24 -- house Strom Thurmond did that because you know they have to stay standing and they can't leave for the normal things that we would all wanna take a break -- this but in terms of the essence of what he did did he succeed in.

Preventing John Brennan.

From becoming the head of the CIA probably not there's enough votes to confirm that that vote will be today tomorrow or Saturday.

But I don't think that was his real -- John John I think his goal was to open up the eyes of the American public.

To the attitude of the White House which seems to be we can kill whoever we want.

How we want.

Without revealing it to the public without -- revealing it to congress and we're not even any -- senator Paul's letter.

About how we got here historically legally and constitutionally.

Because the constitution couldn't be clear if the government wants life.

Liberty or property it must take it through due process due process -- -- -- declared war against an enemy combatant but it cannot mean.

Killing a guy and American are not sitting in a cafe having lunch with a sixteen year old son.

We use the drone program.

Obviously in places like Afghanistan we've taken -- a number of terrorists -- in in there and and North Africa as well.

Is it such as -- the slippery slope to imagine you know drones at some future point being used on the streets of I don't know New York City well I think it is for a couple of reasons when this question was put to the air force about six months ago.

The air force responded by saying we expect to have applications -- 30000.

Drones in the US in the next ten years.

The vast majority will be owned by state and local police will they be used just for surveillance or will -- be used offensively.

And and more interestingly John when Bob Mueller the director of the FBI was asked if drones can be used to kill people he said he -- the White House.

When John Brennan the soon to be director of the CIA was asked the same question -- -- asked the White House.

When the attorney general was asked that question him -- what in hand and what went back and forth with the great senator Ted Cruz from Texas and eventually after much hemming and -- said no.

But it's very very dangerous that this is not a clear and crystal and pristine and immediate.

No of course not what this this isn't Stalin Russia and don't do this and -- said you know I thought I made that clear after a lot of hemming and -- he didn't make it clear.

Senator Paul has made it clear to the public.

That the White House is contemplating these type of murders and the White House and anybody in the governor thinks they can do this needs to be restrained -- -- -- eye opener.

Yesterday they got.

But should -- have to suffer.

His body and soul through thirteen hours of standing and let's face it not going to the bathroom.

In order to open up the country's eyes that's that's the situation we're in today the brave new world not that far away now not that far away at all what when -- Huxley author brave new world and Orwell wrote these things we -- science fiction.

Now it's here.

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