"Obama invokes 'state secrets' claim to dismiss suit against targeting of U.S. citizen al-Aulaqi"
By Obama they mean the DOJ
At issue - can the US conduct assignations?
More so - can the US conduct the assignation of a US citizen?
(This is not code for the death penalty.)
What has me concerned, is not so much the idea of protecting us as we conduct a war, but that we can can decide to kill one of our own and we don't want to explain to anyone why. Not a court - who would be the obvious party to hear the reasoning, nor the Senate.
"The real big issue here is . . . are we only at war in Afghanistan, or can the U.S. government lawfully use war powers in other cases,As a citizen, are we not extended the protection of the constitution against our own government where ever we might be?
Also see Radley's thoughts:
"There are no mitigating factors, here. Obama is arguing the executive has the power to execute American citizens without a trial, without even so much as an airing of the charges against them, and that it can do so in complete secrecy, with no oversight from any court, and that the families of the executed have no legal recourse."