Mario Loyola at The Corner takes it by the numbers.
Money quote(s):
"First, for purposes of combat actions such as the targeted killing of Awlaki, the battleground in our war against al-Qaeda is not “everywhere.” It is in those few countries that either willingly or unwillingly provide significant safe havens for al-Qaeda. Yemen is in the first rank of that group of countries, along with Pakistan, Afghanistan, and Somalia.
Second, legitimate al-Qaeda targets in each of those countries are subject to attack pursuant to Congress’s 2001 Authorization to Use Military Force after 9/11, which even Vice President Biden has deemed a constitutionally sufficient declaration of war. That disposes of the concern that the executive branch is operating without the imprimatur of Congress. And the president is at all times subject to a variety of laws that constrain his conduct as commander-in-chief. Just because this particular killing is not justiciable (on the facts known to us) does not mean that federal courts cannot hold the president to account for violations of U.S. law.
Finally, to the extent your reference to “checks and balances” goes to due process, our rules of engagement are informed by international law and fall within the regulatory powers of Congress. Nobody is alleging that the rules of engagement were not followed in this case. The Constitution’s due process guarantees for criminal defendants in a civil prosecution are meant to protect private citizens from the power of the state. They have never (at least not until recently) been understood to benefit combatants – U.S. citizens or otherwise — who have taken up arms against the state itself."
He (correctly) draws the following conclusion:
"An al-Qaeda convoy riding along a desert road in Yemen is a legitimate bombing target, period."
(9/30)
