AZKC:

So give these folks their due process and accuse and try them for treason. If they don't show up to defend themselves, try them in absentia.

Then if they are convicted, revoke their citizenship.


I have two observations about this.

First, a trial in absentia is unconstitutional in several ways, which you can list as well as I.

Secondly, it is wildly impractical. If we have the accused in our custody, constitutional rules are approriapte. But where you don't have the person in custody, but still have a war aim in eliminating them - as was the case with al-Aulaqi - the opportunity may come and go before the first pre-trial has been ruled on.

As Commander in Chief of the Army and the Navy, the president has war powers, and one of these is certainly the authorization of deadly force against our enemies. Again, absent custody - or, indeed, any reasonable chance of custody - I don't have a problem with shooting them.