re: #196 EPR-radar

re: #193 Gus

And we couldn’t even try Awliki in absentia? Yemen apparently managed that much, at least. Get some evidence, run it by a judge and jury, and get your death sentence if warranted. Then carry it out with drones or whatever. It shouldn’t be hard to do.

I agree that the drones aren’t going to be flying like mayflies in the US, but the idea that in a basically perpetual war, enemies of the state can be put onto a kill list without judicial oversight is a problem.

That poses problems under the Confrontation Clause in the 5th Amendment, which the current Supreme Court tends to take fairly literally, the dominant view on the Court on the matter being Mr. Justice Scalia.