American citizens working for al Qaeda overseas can legally be targeted and killed by the CIA under President Bush's rules for the war on terrorism. The authority to kill U.S. citizens is granted under a secret finding signed by the president after the Sept. 11 attacks. The CIA already has killed one American under this authority, although U.S. officials maintain he wasn't the target. On Nov. 3, a CIA-operated Predator drone fired a missile that destroyed a carload of suspected al Qaeda operatives in Yemen. The target of the attack ... was the top al Qaeda operative in that country. But the CIA didn't know a U.S. citizen, Yemeni-American Kamal Derwish, was in the car. The Bush administration said the killing of an American in this fashion was legal. The Bush administration and al Qaeda together have defined the entire world as a battlefield - meaning the attack on ... Derwish was tantamount to an air strike in a combat zone. According to CBS Legal Analyst Andrew Cohen, this is legal because the President and his lawyers say so. I can assure you that no constitutional questions are raised here. There are authorities that the president can give to officials," said Condoleezza Rice. Previously, the government's authority to kill a citizen outside of the judicial process has been generally restricted to when the American is directly threatening the lives of other Americans or their allies. The CIA declines comment on covert actions and the authorities it operates under. Scott L. Silliman, director of Duke University's Center on Law, Ethics and National Securit [asks], "could you put a Hellfire missile into a car in Washington, D.C., under the same theory? The answer is yes, you could."

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