Place the evidence before a judge and have a court examine the evidence before issuing a warrant for the ALLEGED terrorist's killing.

And deny the poor guys of their right to face their accusers? I suppose Lincoln should have ordered Union troops to demand the rebels surrender and face a trail. Definitely not shoot them, just arrest them.That would also have eliminated the conservatives' problem with that pesky black guy in the WH.

During WW2, do you seriously believe the Allies shouldn't have bombed the crap out of Japan and Germany because there were American citizens who joined the Axis and might have been in the target area?

And yes Nulli, I did support Dubya doing the same thing in Yemen.

We should capture American citizens and return them to the US for trial if we have reason to believe they are participating in combat activities against our troops.

Great idea. How?

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Comparing a firing line at Antietam to mulling over drone strikes for 6-18 months while taking a dump on due process is retarded.

What's the difference. A Union soldier could have run up a negotiation flag and met the Confederates in the middle of a field pre-battle and told them they were being naughty and had to surrender.

Or better yet, Lincoln could have sent a letter to Jeff Davis and told him to turn himself in. and it's not like the Union generals just woke up on any given morning and said, "let's have a battle".

I'm still confused as to why all the due process guys here were so silent when Dubya was whacking accused American terrorists with drones. Couldn't Have anything to do with January 2008 could it? Or why they were so silent on the PATRIOT Act until Obama renewed it.

Place the evidence before a judge and have a court examine the evidence before issuing a warrant for the ALLEGED terrorist's killing.

Diablo. That's unconstitutional you know. Habeus corpus and all that.

"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

Section. 3.

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.