Since 9/11, such authority is available to the President.

They just started talking about it after 9/11.

before the act is committed or attempted? It is an important distinction that needs to be made.

this is not minority report

A radio warning is issued for the aircraft in Washington airspace.........then it would be shot down

"Okay, put that one on a list, and it is covered."

What the "definite rule" seekers want is essentially an enumeration of circumstances.

So, fine, from now on deadly force can be used when a RW militia group commandeers a plane with the intent of crashing it into the White House.

And in no other circumstances.

If you like movies, "The Invention of Lying" is a good one. There is a scene in which the Rick Gervaise gives what amounts to the basics of the Ten Commandments to a crowd, and keeps getting back "Okay, but what if..." It's hilarious.

nt.

and then later has the citizen's minor child killed in a separate strike even though he too is not engaged in an active attack on the US.

What is to stop a president from doing the same inside the US?

If someone is within the reach of law enforcement, you have to use law enforcement.

it could be abused -- horrifically. I know you're not a --insert hyperbolic insult-- advocate and I'm sure you recognize the dangers. I'm sure Obama does too and means the best for everyone but his term is now less than 4 years from expiring. We're already on the grade and the decline has yet to be determined.

in shooting a plane down?

See--due process and judicial review are not always mandatory, or even a good idea.

If a president orders a plane shot down I'm pretty sure we'd get a lengthy look into the underlying circumstances. But a US citizen snuffed in secret is another matter.

BTW -- I allowed my passions to flare earlier at you and another poster and for that I apologize. I'm trying to be better than that.

rule simply can't apply to all of them without some ambiguity.

There are going to be some cases where, no matter what rule we set forth, it's unclear whether it's permissible.

That's pretty much the case with every rule.

As a frequent practitioner of the intemperate remark, I can say anything you said was pretty mild, as I took no offense.

It's why we elect leaders and not punters. Or at least it ought to be the case.

Holder's job isn't to legislate restrictions on his boss.

The deal is that you can't use federal troops.

So if, for example, the CIA or the DEA launched the strike, I believe Posse Comitatus would not apply.

I could be wrong on that, however. I'm not a lawyer, but I often pretend to be one on the internet.

DEA is law enforcement, ergo they have to try to arrest, not assassinate.

DEA, FBI, Department of Agriculture. The guidance states that law enforcement will be used whenever possible, but does not spell out exactly how and who determines that law enforcement isn't possible. Lacking any statutory mandate or any accountability to Congress, at any time when the Chief Executive determines that it's necessary, then drones can be used.

Assassinations/targeted killings are CIA and military only.

Some secret memos to which nobody has access? A secret court the proceedings of which are classified?

A Magic 8 Ball?

does the president have the authority to use drones to kill American citizens on American soil with a trial.....

no of course not

and being in the air above the soil?

that being in the air means the constitution doesn't apply?

They only set bombs and run, like McVey.

Any base commander has the authority to do that under the emergency provisions of Plan R.

If it's a clear and present danger, yes, he has the authority to order it shot down.

The immediate cause of death of innocents may be police bullets or military aircraft, but the fault and blame lie with the hostage takers or militia group.

If a plane deviates from its flight plan, and does not respond to air traffic control:

• Fighters will be dispatched to intercept it, and
  
• pilots will attempt to establish contact with the flight crew, either with radio or hand signals, and
  
• direct the pilot of the aircraft to an emergency field.

Do you think, if someone shoots at, or targets the White House, that the Secret Service asks the President what he wants done? Or do they, and the Executive Protective Service react to the situation as needed?