Publication:
The drone court and due process

dc.contributor.advisorHalladay, Carolyn
dc.contributor.advisorPeters, Lynda
dc.contributor.authorMcManus, Sheree J.
dc.contributor.departmentNational Security Affairs (NSA)
dc.dateDec-16
dc.date.accessioned2017-02-09T00:02:21Z
dc.date.available2017-02-09T00:02:21Z
dc.date.issued2016-12
dc.description.abstractIn the aftermath of 9/11, the U.S. Congress passed the Authorized Use of Military Force (AUMF), which established the authority of the president to use force to protect the United States from threats against the homeland. This authority allowed the president to use drones, even against U.S. citizens on foreign soil who have been deemed terrorists and placed on the kill list. The current process lacks procedural due process. These flaws have prompted critics to argue that a drone court should be created to address this concern. This thesis explores the issue of the drone court and asks, if one were created, what form should it take? How should it look? The thesis employs a policy options analysis to review three possible judicial forums for hearing these cases: the Foreign Surveillance Court (FISC), Guiora and Brand's hypothetical Operational Security Court (OSC), and the Combatant Status Review Tribunal (CSRT). Five criteria were evaluated: oversight of the executive branch, transparency, timeliness, judges and legal representation, and legal/procedural review. The OSC had the best evaluation because it supported procedural due process. However, policies will need to be implemented to ensure that OSC legal procedures are timely.en_US
dc.description.distributionstatementApproved for public release; distribution is unlimited.
dc.description.servicePolicy Specialist, Federal Emergency Management Agencyen_US
dc.description.urihttp://archive.org/details/thedronecourtndd1094551581
dc.identifier.urihttps://hdl.handle.net/10945/51581
dc.publisherMonterey, California: Naval Postgraduate Schoolen_US
dc.rightsCopyright is reserved by the copyright owner.en_US
dc.subject.authordrone courten_US
dc.subject.authordronesen_US
dc.subject.authordue processen_US
dc.subject.authorForeign Intelligence Surveillance Courten_US
dc.titleThe drone court and due processen_US
dc.typeThesisen_US
dspace.entity.typePublication
etd.thesisdegree.disciplineSecurity Studies (Homeland Security and Defense)en_US
etd.thesisdegree.grantorNaval Postgraduate Schoolen_US
etd.thesisdegree.levelMastersen_US
etd.thesisdegree.nameMaster of Arts in Security Studies (Homeland Security and Defense)en_US
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