Judge Napolitano: President Obama Is Breaking the Law With 'Kill List'

A recent report in the NY Times reveals that President Obama has a top secret “kill list,” a roster of people suspected of terror targeted for execution by drone. Judge Napolitano reacted to the legality of such action this morning on Fox and Friends, saying that the president is breaking the law. “He is personally deciding who to kill. He doesn’t have that authority, he could be prosecuted for it by a successor,” said Napolitano.

He continued, “This is so far from the country that the founders gave us that they would not recognize this president as the president of the United States of America.”

In his weekly column, Judge Napolitano elaborated, writing:

The president cannot lawfully order the killing of anyone, except according to the Constitution and federal law. Under the Constitution, he can only order killing using the military when the U.S. has been attacked, or when an attack is so imminent and certain that delay would cost innocent American lives, or in pursuit of a congressional declaration of war. Under federal law, he can only order killing using civilians when a person has been sentenced lawfully to death by a federal court and the jury verdict and the death sentence have been upheld on appeal.

If he uses the military to kill, federal law requires public reports of its use to Congress and congressional approval after 180 days.

Read the full column here and watch the judge’s appearance on Fox and Friends below.

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RELATED LINKS:
Controversy Grows Over NY Times Article Releasing Intelligence Info, Obama’s Secret “Kill List”
Judge Napolitano on Obama’s “Kill List”: ‘Congress Should Do Something About It’
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