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The Lawfare Podcast

Lawfare Archive: Jefferson Powell on ‘Targeting Americans: The Constitutionality of U.S. Drone War’

The Lawfare Podcast

The Lawfare Institute

History, Military, International Relations, Government, Constitutional Law, News, International Law, Current Events, Politics, Rule Of Law, Law, Foreign Policy, Diplomacy, National Security, Intelligence, Terrorism

4.76.4K Ratings

🗓️ 19 December 2021

⏱️ 47 minutes

🧾️ Download transcript

Summary

From May 21, 2016: Four years ago, Anwar al Awlaki—an American citizen—was killed in an American drone strike in Yemen, marking the first targeted killing of a U.S. citizen by the U.S. government. While the attack occurred almost four years ago, the legality, morality and prudential nature of the strike, and others like it that occur nearly daily in a scattershot of countries around the world, remain a subject of much debate.

Last week, Jefferson Powell joined Lawfare’s Jack Goldsmith at the May Hoover Book Soiree for a discussion of Targeting Americans: The Constitutionality of U.S. Drone Wara new book that takes a deep look into the constitutionality of the programPowell is a Professor of Law at Duke University, and over the hour, he argues that the killing of Anwar al Awlaki under the 2001 AUMF was constitutional, but that the Obama administration’s broader claims of authority are not. He also asserts that American citizens acting as combatants in al Qaeda are not entitled to due process protections. Yet constitutional claims should not be confused with what is moral, or indeed, what is legal under international norms. Those answers, Powell suggests, must be examined through means other than constitutional law.

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Transcript

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0:00.0

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0:07.2

podcast become a material supporter of LawFair at patreon.com slash LawFair.

0:14.7

That's patreon.com slash LawFair.

0:18.2

Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair

0:25.6

no bull and the aftermath.

0:31.2

Right laptop, I'm ready to finish this thesis.

0:34.2

What thesis?

0:35.2

The one I've spent two years working on.

0:36.7

Don't have it.

0:37.7

What's the last version you saved?

0:39.4

Got final version, final final version, and no, I'm actually serious now.

0:42.9

This is the last version I will never save another version I promise, version two.

0:46.7

Surely that one?

0:47.7

No.

0:48.7

Why?

0:49.7

It's corrupted.

0:50.7

I'm Rochini Krupp with an episode from the LawFair archive for December 19, 2021.

1:20.0

Earlier this week, the Pentagon announced that none of the military personnel involved

1:23.6

in the botched drone strike in Kabul, Afghanistan, the summer, the kill tens of billions will face

1:28.2

any kind of punishment.

1:30.0

For today's archive episode, I picked an episode from May 2016 where Jefferson Powell,

1:34.8

professor of law at Duke University, joins Jack Goldsmith to talk about the constitutionality

...

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