The U.S. government is legally justified in killing its own citizens overseas if they are involved in plotting terror attacks against America, Attorney General Eric Holder said [on March 5], offering the Obama administration's most detailed explanation so far of its controversial targeted killing program. The Fifth Amendment provides that no one can be deprived of life" without due process of law. But that due process, Holder said, doesn't necessarily come from a court. "Due process and judicial process are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process," the attorney general said. The ACLU called Holder's explanation "a defense of the government's chillingly broad claimed authority to conduct targeted killings of civilians, including American citizens, far from any battlefield without judicial review or public scrutiny." "Few things are as dangerous to American liberty as the proposition that the government should be able to kill citizens anywhere in the world on the basis of legal standards and evidence that are never submitted to a court, either before or after the fact," said Hina Shamsi, director of the ACLU's National Security Project. "Anyone willing to trust President Obama with the power to secretly declare an American citizen an enemy of the state and order his extrajudicial killing should ask whether they would be willing to trust the next president with that dangerous power," she said. The ACLU is suing the Obama administration, seeking to have documents regarding the targeted killing program made public.
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