death without due process

The United States has reportedly initiated a targeted killing program under which the CIA and the military have the authority to hunt and kill individuals, including U.S. citizens, far away from the battlefields in Iraq, Afghanistan and even the Pakistani border regions, and potentially anywhere in the world. The program operates without any checks and balances; all of the essential details about the program remain secret. We do not know what criteria are used to put people on the "kill lists" maintained by the CIA and military, how much evidence is required to add a person to the lists, or whether there are any geographical limits on where individuals can be targeted. The President has, in effect, claimed the unchecked authority to put the names of citizens and others on "kill lists" on the basis of a secret determination, based on secret evidence, that a person meets a secret definition of the enemy.

We are all familiar with how the death penalty works. A crime (usually murder) is committed. It's investigated by law enforcement. A suspect is arrested, charged with the crime, and goes to trial. The government shows the judge or jury the evidence against the accused. The accused can defend against the accusations. The jury delivers a verdict. If it's a guilty verdict, the defendant might be sentenced to death.

The process, from arrest to sentencing, is the Fifth Amendment in action, the part that states: "no person…shall be deprived of life, liberty or property without due process of law."

The Constitution protects all Americans' right to life, whether they're living at home or abroad. If the government thinks you should be dead, it should at least tell you why. The fact that the standard that puts Americans on the "kill list" is a secret is itself unconstitutional. As our complaint states, "U.S. citizens have a right to know what conduct may subject them to execution at the hands of their own government. Due process requires, at a minimum, that citizens be put on notice of what may cause them to be put to death by the state."

(ACLU: Targeted Killings) (ACLU: blog)