Although it was heralded as a clear signal that the Obama administration has been forced to acknowledge that it cannot drone strike Americans on U.S. soil, Eric Holder’s response to Rand Paul only serves to re-affirm the government’s existing position.
Responding to the Kentucky Senator’s near 13 hour filibuster, Attorney General Holder sent a letter to Paul’s office which stated, “It has come to my attention that you have now asked an additional question: `Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil?’ The answer to that question is no.”
The key to this is the phrase “engaged in combat.” What does the administration consider to represent an act of “combat.”
In the case of American citizen Anwar al-Awlaki, killed by a targeted drone strike in 2011, being “engaged in combat” amounted to little more than creating propaganda videos in support of terrorists. Awlaki never committed an act of violent terrorism, he was merely accused of communicating with terrorists and giving lectures in support of Al-Qaeda. Awlaki’s guilt was never proven in court because he was never afforded a trial.
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