Holder v. New York Times on Due Process
Last week HLSWatch reprinted Attorney General Eric Holder’s speech at Northwestern University’s School of Law. In those remarks the Attorney General noted:
Some have argued that the President is required to get permission from a federal court before taking action against a United States citizen who is a senior operational leader of al Qaeda or associated forces. This is simply not accurate. “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 lead editorial in yesterday’s (Sunday’s) New York Times maintains that judicial review is essential to the executive’s purposeful use of lethal force against a citizen.
Mr. Holder argued in his speech that judicial process and due process guaranteed by the Constitution “are not one and the same.” This is a straw man. The judiciary has the power to say what the Constitution means and make sure the elected branches apply it properly. The executive acting in secret as the police, prosecutor, jury, judge and executioner is the antithesis of due process.
The administration should seek a court’s approval before killing an American citizen, except in the sort of “hot pursuit” that justifies the police shooting of an ordinary suspect…
The complete editorial is available at: The Power to Kill.
