When “Due Process” Does Not Mean “Judicial Process”

From "Fox News.com"

“Some have argued that the president is required to get permission from a federal court before taking action against a United States citizen who is a senior operational leader of Al Qaeda or associated forces. This is simply not accurate. ‘Due process’ and ‘judicial process’ are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.”

– Attorney General Eric Holder, in a speech at Northwestern University yesterday regarding the administration’s position on the targeted killing of American citizens considered terrorists, such as Anwar al-Awlaki.

“So that is the “process” which Eric Holder yesterday argued constitutes “due process” as required by the Fifth Amendment before the government can deprive of someone of their life: the President and his underlings are your accuser, your judge, your jury and your executioner all wrapped up in one, acting in total secrecy and without your even knowing that he’s accused you and sentenced you to death, and you have no opportunity even to know about, let alone confront and address, his accusations; is that not enough due process for you?

– Glen Greenwald at Salon.com, regarding Holder’s comments

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