South Carolina Senator Lindsey Graham says the courts shouldn’t decide.
“I think the worst thing in the world is to have the courts decide who to target in the war on terror,” Graham replied. “Courts are not military commanders.” By law, he added, the commander-in-chief has that right.
“We do need drones to patrol our borders, but I don’t think you need a drone to attack an Al Qaeda operative inside the United States,” Graham asserted. “I very much believe we’re at war — and any American citizen who aids Al Qaeda should be treated as an enemy combatant not a common criminal.”
Except, judges wouldn’t decide who to target, but they would have judicial review over whoever does decide; and we don’t know who that person or persons are.