Put aside that I support completely the killing of al-Awlaki. Here at Ricochet we are smart enough to hold two thoughts in our head at the same time. So I ponder powers and legality (and wonder about the silence of the anti-Gitmo folks who insist on full civilian trials for terrorists).
Who is doing the killing here? Is it the Commander in Chief alone? Does Congress or the Judiciary hold a similar power to summarily kill?
If so, was the President acting in a purely military capacity, or is there a civilian power the President holds to order death extra-judicially?
Is there a standard the President must use before killing, or is he afforded a totally deferential standard?
Is there a standard of proof that must be met before the President acts, or is his subjective view of evidence controlling?
Is his action reviewable by the other branches of government. If so, is there a recourse against abuse of power?
If there is a limit to the President's power to order a killing with no trial, can limitations on that power be described by anyone?