Dissenter, Firedog Lake - A federal judge was able to find no remedy in United States law for a claim that United States citizen’s due process rights were violated when they were targeted and killed by a drone. The case was dismissed because the judge determined the citizen had been properly designated a terrorist, posed a threat to US interests, and the judiciary should not interfere in the areas of “war making, national security and foreign relations.”
Essentially, this means the executive branch in the US government can claim the power to collect secret evidence as part of a secret review process and place a US citizen suspected of engaging in terrorist activities on a kill list. The decision to proceed with an operation to kill that citizen can be provided to Congress. Provided that the executive branch offers some legal justification that is persuasive, the president is free to proceed with ordering the execution of this person and deprive him of due process rights he or she would typically enjoy, especially if they still lived in the US. It is not a judge’s place to challenge this act of killing.