Even if an individual appears to be obviously guilty, shouldn't some form of process be followed in all cases to prevent wrongful convictions and/or executions?
That only would seem to follow if the argument was that we couldn't get him by a drone strike, which obviously is not the argument, as drone strikes don't really do a good job of hauling people before a court.
If the question is politics: we're nearing 100k Yemeni civilians dead, they won't say no, and won't have the choice anyway.
Air superiority, or even air supremacy, doesn't make putting feet on the ground safe.
If you don't want that tradeoff, then don't say an oath that requires you to put your life on the line defending the constitution.
No, taking unnecessary risks to do things that aren't legally required for enemies in war is kind of the opposite of the point of being a soldier.
> If you don't want that tradeoff, then don't say an oath that requires you to put your life on the line defending the constitution
The Constitution doesn't require the government to take any special restraint in war when someone fighting on the other side is a US citizen.
There may be a good argument that the law ought to given the realities of modern war, sure. And that's a debate we should have.
Working for a designated terrorist organization to commit terrorism is a crime in the United States, because terrorism is a crime.
So, even if he absolutely did commit treason, he is a citizen unless the prosecution both occurs and achieves all of that. Citizens deserve due process, period, since government conclusions and criminal charges can both be wrong, and loss of life is a very severe thing to make a mistake about.
If you CAN legally murder your citizens then a lot of things cease to matter because you are no longer governed by the rule of law in the first place.
If that's treason, then I suppose a future leftist Castro-esque president should be free to drone-murder hate speech mongers like Rush Limbaugh and many in the Fox News commentary department.
America likes to talk about respecting democracy and the rule of law, but the way it acts is nowhere near that.