The strikes were in Yemen so there is no reason not to apprehend the citizens. Also our own government helped train Osama Bin Laden and he has used the knowledge to train others to kill us. Can we just kill the ones who did this, no we must follow the law.
Allowing the government to ignore the law once just leads to more injustices down the road. That is why we have cops that can kill people and animals in botched raids here in the US. The government is not following the Constitution and we the citizens are paying for it.
Those killed in Yemen include “American” Anwar al Aulaqi:
http://en.wikipedia.org/wiki/Anwar_al-Aulaqi
“According to U.S. government officials, he was a senior talent recruiter and motivator who was involved with planning operations for the Islamist militant group al-Qaeda.”
“U.S. officials say that Al-Aulaqi spoke with and preached to a number of al-Qaeda members and affiliates, including three of the 9/11 hijackers, accused Fort Hood shooter Nidal Malik Hasan, and “Underwear Bomber” Umar Farouk Abdulmutallab; he was also allegedly involved in planning the latter’s attack.”
“The Yemeni government began trying him in absentia in November 2010, for plotting to kill foreigners and being a member of al-Qaeda. A Yemenite judge ordered that he be captured “dead or alive”.”
But the government of Yemen was unable to capture him.
“According to U.S. officials, al-Aulaqi was promoted to the rank of “regional commander” within al-Qaeda in 2009. He repeatedly called for jihad against the United States. In April 2010, American President Obama authorized al-Aulaqi’s targeted killing.”
Yep, a combatant by about any definition.
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The US government did not fund, nor in any way train OBL.
http://en.wikipedia.org/wiki/CIA_%E2%80%93_Osama_bin_Laden_controversy
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Bottom line: I am of the mind that the US government should have a free hand, within the Geneva Conventions, to kill as many foreigners in foreign countries as necessary to protect and defend the US. And this also applies to US citizens beyond their legal reach, who are providing “aid and comfort”, and knowledge, to the enemy they can use to attack us.
However, this being said, *within the US* we are not at war, so there is no excuse for the vast majority of Patriot
Act and subsequent powers that are almost exclusively used against US citizens with no connection whatsoever to terrorism.
And I do not believe there is any inherent conflict between these two ideas.