More praise for IQ2 US
“It's a real public service to have debates that bring top-tier participants together and add the sizzle of prize fight competition to a discussion of issues of first-order importance.”
- The Atlantic
The President Has Constitutional Power to Target and Kill U.S. Citizens Abroad
From the Panel
For: ALAN DERSHOWITZ
- CRIME & PUNISHMENT: Talking Drones, Snowden, O.J. And How To Solve The Israeli-Palestinian Riddle With Super-Lawyer Alan Dershowitz
Jonathan Valania, Phawker, March 4, 2014Famed criminal defense lawyer, retired Harvard Law School professor and cable news gadfly Alan Dershowitz will be at the National Constitution Center tomorrow to debate the legality and ethics of drone strikes on American citizens. In advance of tomorrow’s debate, we got Mr. Dershowitz on the horn.
- The Rule of Proportionality
Alan Dershowitz, Room for Debate, New York Times, November 15, 2012If a combatant is appropriately subject to military attack, as the military leader of Hamas certainly was, then targeted assassination may be the preferred legal and moral course.
- The ACLU Demands ‘Killing Warrants’
Alan Dershowitz, Huffington Post, November 23, 2010The virtue of a ‘torture warrant,’ like that of a ‘killing warrant,’ is that it requires articulation of standards, visibility of actions and ultimate approval by democratic institutions.
For: MICHAEL LEWIS
- Approval to target terrorists, U.S. citizens
Michael Lewis, The Philadelphia Inquirer, March 2, 2014The president has the constitutional authority to target American citizens overseas. This authority is derived from his war-making power as commander-in-chief of the armed forces.
- Examination of the Legal Rationale for Targeting U.S. Citizens – Podcast
Michael Lewis, Stephen Vladeck and Dean Reuter, International & National Security Law Practice Group Podcast, The Federalist Society, April 24, 2012The legal rationale for targeting U.S. citizens abroad.
- Mike Lewis & Stephen Sawyer Debate Drones & Targeted Killing
Northwestern University Federalists, October 29, 2012Michael Lewis and Stephen Sawyer debate the legality of drone strikes and targeted killings at the Northwestern University School of Law.
- Predator Drones and Targeted Killings - Podcast
Michael Lewis, Ben Wizner and Dean Reuter, International & National Security Law Practice Group Podcast, The Federalist Society, January 27, 2011In this Practice Groups Podcast, Professor Michael W. Lewis and ACLU National Security Project Litigation Director Ben Wizner discuss targeted killing of U.S. citizens.
- Potential Pitfalls of ‘Strategic Litigation’: How the Al-Aulaqi Lawsuit Threatened to Undermine International Humanitarian Law
Michael Lewis, Loyola University Chicago International Law Review, Vol. 9, Issue 1, Fall/Winter 2011The focus of this essay is on the substantive legal position taken by the ACLU and the CCR in the al-Aulaqi lawsuit concerning how and where the law of war applies, and why that approach threatens to undermine traditional understandings of International Humanitarian Law.
Against: NOAH FELDMAN
- Obama’s Drone Attack on Your Due Process
Noah Feldman, Bloomberg View, February 8, 2013The biggest problem with the recently disclosed Obama administration white paper defending the drone killing of radical clerk Anwar al-Awlaki isn’t its secrecy or its creative redefinition of the words “imminent threat.” It is the revolutionary and shocking transformation of the meaning of due process.
- Obama Team’s Al-Awlaki Memo Furthered Bush Legacy
Noah Feldman, Bloomberg View, October 16, 2011The leaking of the basic content (but not the text) of an Obama administration memo authorizing the drone strike that killed U.S. citizen Anwar Al-Awlaki therefore calls for serious reflection about where the war on terrorists has been -- and where it is headed next.
Against: HINA SHAMSI
- Violating the ideals he pledged to uphold
Hina Shamsi, The Philadelphia Inquirer, March 2, 2014By asserting the right to kill based on his authority alone, President Obama violates the constitutional principles he swore to uphold and undermines the security we all seek.
- Attorney General Eric Holder Defends Legality of Targeted Killings of U.S. Citizens Overseas
Amy Goodman interviews Hina Shamsi, Democracy Now, March 6, 2012The public deserves a right to know what standards, evidence and criteria are used when the administration seeks to kill one of its own citizens, and the legal basis for that exercise of authority needs to be reviewed by the court because of the significant constitutional questions that are raised.
- Hina Shamsi on Obama’s Drone Wars
Hina Shamsi, The Guardian, July 22, 2013Why the Obama administration’s drone assassinations are not just illegal in many cases, but are becoming increasingly risky for the U.S. itself.
- Targeted Killing: ‘A Unique and Extraordinary Case’
Hina Shamsi, ACLU, December 7, 2010‘A unique and extraordinary case’ is how a federal judge described our lawsuit, with the Center for Constitutional Rights, challenging the Obama administration's targeted killing policy.
- ACLU comment on U.S. Admission to Killing Americans in Targeted Killing Program
ACLU, May 22, 2013The government must disclose its still-secret targeted killing memos so that the public can determine if the contain criteria as vague and elastic as its definitions of ‘imminence’ and ‘feasibility of capture.’
- Targeted Killings
ACLULinks to the ACLU’s work on targeted killings, including its Al-Aulaqi v. Panetta lawsuit, targeted killing FOIA request, and Al-Aulaqi v. Obama lawsuit.
ARTICLES FOR & AGAINST
- In Defense of the Administration on Targeted Killing of Americans
Benjamin Wittes, Lawfare, February 27, 2013There is nothing extraordinary about the administration’s position, which actually claims very little in the way of power to target Americans.
- A Just Act of War
Jack Goldsmith, New York Times, September 30, 2011While no court approved the killing of Mr. Awlaki, it is not accurate to say that he was targeted without due process. What due process requires depends on context.
- An Executive Power to Kill?
David Cole, The New York Review of Books, March 6, 2012The Constitution requires the government to obtain a judicial warrant based on probable cause before it can search your backpack or attach a GPS tracking device to your car, but not, according to Attorney General Holder, before it kills you.
- Chilling Legal Memo from Obama DOJ Justifies Assassination of U.S. Citizens
Glenn Greenwald, The Guardian, February 5, 2013The most extremist power any political leader can assert is the power to target his own citizens for execution without any charges or due process, far from any battlefield.
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