18 Tex. Rev. L. & Pol. 169 (2013-2014)
Are Drone Courts Necessary - An Analysis of Targeted Killings of U.S. Citizens Abroad through a Procedural Due Process Lens

handle is hein.journals/trlp18 and id is 181 raw text is: ARE DRONE COURTS NECESSARY? AN ANALYSIS OF
TARGETED KILLINGS OF U.S. CITIZENS ABROAD
THROUGH A PROCEDURAL DUE PROCESS LENS
MICHAEL ESHAGHIAN*
I. INTRODUCTION                         ...................................... 171
II. BACKGROUND          ......................................... 171
A. The Story of Anwar al-Awlaki.................... 171
B. Criticism of the Drone Strike .................... 173
C. The Government's Response           ....................175
III. CAN CITIZENS BE CLASSIFIED AS ENEMY COMBATANTS? ........ 176
A. Historical and Present-Day Use of the Term
Enemy Combatant            .......................... 176
B. Supreme Court Precedent: Hamdi, Quirin, and
Milligan .................................... 178
IV. DOES DUE PROCESS MEANJUDICIAL PROCESS?.....             ......181
A. Legal Background                     .............................181
B. Hamdi and Due Process       ...........................183
C. Judicial Process Is Required             .....................184
V. WHAT IS THE PROCESS THE GOVERNMENT ALREADY
PROVIDES TO TARGETED CITIZENS? .................. 187
A. The General Contours of the Strike Program............188
B. Assessing and Approving Targets .......................190
C. Executing the Attack...................         ..........192
VI. WHAT CHANGES SHOULD BE MADE TO COMPORT WITH
PROCEDURAL DUE PROCESS?         ..................  .....192
A. The Political Question Doctrine        ................. 193
B. Addressing Political Question Concerns ......     .....194
1. Separation of Powers Concerns ......        ......... 194
2. Confidentiality Concerns       .....................195
3. Timeliness Concerns      ..................  ...... 196
* B.S. 2010, University of California, Los Angeles; J.D. expected 2014, University of
Texas. I thank Professor Ronald Sievert, whose seminar inspired me to write on this topic
and who always encouraged his students to reach their own conclusions. Thanks also to
the editors of the Texas Review of Law & Politics, who provided insightful and constructive
editorial review.

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