ConstitutionalLawProfBlog-June 23, 2014
Professor Steven Schwinn says the recently released analysis of how and when the U.S. government can use drone strikes against alleged enemies, leads to the surprising result that the government may be able to kill someone by drone attack more easily than it may detain them (with due process under Hamdi). Still, we don’t know this for sure, Schwinn emphasizes, because we don’t know precisely what processes the government used: that detail is redacted from the memo.
