Gavel Grab

Commentary: Targeted Killings Federal Court Would be a ‘Mistake’

Creating a special federal court to review government targeted killings of U.S. citizen terror suspects overseas would be a “mistake,” former Acting U.S. Solicitor General Neal Katyal, who served under President Obama, argues in an op-ed.

“[T]here is no true precedent for interposing courts into military decisions about who, what and when to strike militarily,” Katyal writes in the New York Times. “Putting aside the serious constitutional implications of such a proposal, courts are simply not institutionally equipped to play such a role.”

Instead he proposes establishment of a “national security court” inside the executive branch as “a better way to balance the demands of secrecy and speed with those of liberty and justice.”

For background about the rising debate over the idea of a special drone court, see Gavel Grab.


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