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In a long-awaited ruling, the 9th U.S. Circuit Court of Appeals found that the U.S. Central Intelligence Agency’s targeted killing program was lawful.
At issue was whether the government violated the law by covertly ordering the drone strike that killed U.S. citizen Anwar al-Aulaqi, a suspected terrorist linked to Al Qaeda, in Yemen in 2011.
Both the Obama administration and human rights groups contended that the targeted killing program violates the U.S. Constitution’s ban on cruel and unusual punishment and is an affront to the “unambiguous and internationally recognized prohibition on assassinations,” according to court documents.
But the government argued that the lethal drones do not constitute “unlawful” or “cruel” punishment and that the Constitution does not apply to foreign civilians overseas.
The decision also rejected the notion that drone strikes violate international law or violate U.S. citizens’ constitutional rights to due process and against cruel and unusual punishment.
“The constitutionality of targeted killing of a U.S. citizen by his own government is not a novel question,” Justice Department lawyers said in a brief filed last month. “ 0b46394aab