Listened to the Johnson v. Eisentrager :(1950) line of questioning by Graham from recent Q drop. Here are my thoughts.
Graham first talks about how U.S. citizens are protected by the 4th Amendment. Even when in Paris and Afghanistan, under basic criminal law.
Under Law of Armed Conflict, things are different. American Citizens who collaborate with the enemy are considered enemy combatants. And under Johnson v. Eisentrager it's been shown that such collaborators can be courtmartialed and executed.
Our citizens who have collaborated with the enemy (I'm confident there are many) can be tried under military court and be executed. However, there is a question I'd like Law Anons to answer for me.
Obama has executed US Citizens abroad at least a few times. Like https://theintercept.com/2017/01/30/obama-killed-a-16-year-old-american-in-yemen-trump-just-killed-his-8-year-old-sister/ (and perhaps others). Did he do this under the Law of Armed Conflict.
As in, did Obama already execute US citizens under military law?
Has this been done under the radar since 9.11?
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