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Will Drone Strikes Become Obama's Guantanamo?

John Bellinger
Sunday, October 2, 2011, 10:52 PM
Here is an op-ed I have written for Monday’s Washington Post on the likely international reaction to the killing of al-Awlaki. With respect to US law, I have noted previously that if Congress becomes concerned about the targeted killings of American citizens overseas, Congress could amend the AUMF to require additional protections for the use of force against Ameri

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Here is an op-ed I have written for Monday’s Washington Post on the likely international reaction to the killing of al-Awlaki. With respect to US law, I have noted previously that if Congress becomes concerned about the targeted killings of American citizens overseas, Congress could amend the AUMF to require additional protections for the use of force against Americans, including possible prior judicial review by the FISA court or a national security court.  This is what Congress did when it passed the Foreign Intelligence Surveillance Act in 1978 in response to concerns about electronic surveillance of Americans.  Of course, I recognize that the political environment in Congress is different now and that civil liberties groups oppose a revision of the AUMF that might provide a statutory basis for indefinite detention.  But this would be one way to give U.S. citizens additional protections, given Judge Bates’ decision last year that judicial review of the alleged targeting of al-Awlaki was a non-justiciable political question.

John B. Bellinger III is a partner in the international and national security law practices at Arnold & Porter in Washington, DC. He is also Adjunct Senior Fellow in International and National Security Law at the Council on Foreign Relations. He served as The Legal Adviser for the Department of State from 2005–2009, as Senior Associate Counsel to the President and Legal Adviser to the National Security Council at the White House from 2001–2005, and as Counsel for National Security Matters in the Criminal Division of the Department of Justice from 1997–2001.

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