The constitutional questions that the #OLC #drone memo didn't--and couldn't--answer--my analysis via @just_security:http://justsecurity.org/12086/drone-memo-constitution/ …
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Replying to @steve_vladeck
@steve_vladeck Don't you cede the constitutionality required Treason review that McMahon laid out?@just_security1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel@just_security I don't think that the Treason Clause requires ex ante judicial review before any uses of force against citizens.3 replies 0 retweets 0 likes -
Replying to @steve_vladeck
@steve_vladeck How does Awlaki challenge conditions of 1 of 3 confessions in which Abdulmutallab implicated him for deal?@just_security1 reply 0 retweets 1 like -
Replying to @emptywheel
@emptywheel@just_security Due process analysis usually allows plaintiffs to contest factual basis underlying challenged government action.1 reply 0 retweets 0 likes -
Replying to @steve_vladeck
@steve_vladeck Right, but this scheme is about declaring all that impossible bc "infeasible." That's the Exec magic bullet.@just_security1 reply 0 retweets 1 like -
Replying to @emptywheel
@emptywheel@just_security The memo says nothing about ex post damages suits; that's the point of my post, & that's where action should be.2 replies 0 retweets 0 likes
@steve_vladeck Have piece coming out momentarily that notes judicial review section in WP is not in OLC memo. @just_security
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