Judge Andrew P. Napolitano: Newsmax: President Can't Order Drone Strike on American Under Constitution

February 11th, 2014

Newsmax
by Wanda Carruthers
February 11, 2014

President Barack Obama does not have the constitutional authority to order a drone strike on an American who officials claim was fighting with al-Qaida and plotting terrorist attacks against the U.S., former Judge Andrew Napolitano said Tuesday.

Obama “does not have war powers to kill an American . . . There are two clauses in the Constitution that specifically protect Americans,” Napolitano, a former New Jersey Superior Court judge, told “Fox & Friends.”

Napolitano said it was “defined as treason” if an American was waging war on the U.S. Under that circumstance, he said American citizens were guaranteed a jury trial and could not be convicted “unless there were two witnesses to the same overt act.”

Officials admitted Monday a U.S. citizen was suspected of actively planning to attack Americans overseas. Officials within the Obama administration stated they had been debating whether to kill him under a new drone strike policy.

The new drone policy stipulates targeted killings must be in an ongoing military conflict, the target must have taken up arms against the U.S., there must be no possibility of arresting the suspect, and the decision must be made by senior political leaders.

Read More