Latest in Targeted Killing: Litigation

Targeted Killing: Litigation

A Summary of Friday's Decision in al-Aulaqi v. Panetta

As Ben mentioned on Friday, Judge Rosemary Collyer of the U.S. District Court for the District of Columbia dismissed a Bivens suit brought by the families of Anwar al-Aulaqi, his son Abdulrahman, and Samir Khan---three U.S. citizens killed in U.S. drone strikes in 2011---seeking to hold various federal officials personally liable for their roles in those strikes.

After laying out the facts, including the U.S.

Targeted Killing: Litigation

Judge Collyer Throws Out Al-Aulaqi Bivens Suit

Judge Rosemary Collyer of the U.S. District Court for the District of Columbia has thrown out the Bivens suit by the families of Anwar Al-Aulaqi and his son, and Samir Khan, all of whom were U.S. citizens killed in drone drikes in Yemen. Here's the 41-page opinion. It opens:

Because Anwar Al-Aulaqi was a terrorist leader of al-Qa’ida in the Arabian Peninsula, the United States intentionally targeted and killed him with a drone strike in Yemen on September 30, 2011.

Targeted Killing: Litigation

The Clear and Convincing Standard and Citizen Drone Strikes

When last we debated the Government’s legal authority to kill an American terrorist overseas, some big-ticket questions had to do with proof: exactly how much evidence would be required before executive branch officials would approve a lethal drone strike against U.S. citizen?  And what sorts of proof would suffice, in establishing a target’s stature in Al-Qaeda, his role in past attacks, his continuing involvement in planning future attacks, and so forth?

Answers have been hard to come by.

Targeted Killing: Litigation

A Recap of Friday's Oral Arguments in Al-Aulaqi v. Panetta

Despite the day (TGIF!), the weather (95 degrees and rising), and other developing national security news, the E. Barrett Prettyman Courthouse security checkpoint was brimming with people primed to hear oral arguments on the defendants’ motion to dismiss in Al-Aulaqi v. Panetta. This being Washington in the summer, interns were predictably everywhere: at the defendants’ table, in the jury box, and in the audience. District Court Judge Rosemary Collyer’s reaction to the crammed courtroom: “Holy Cow.”

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