Sorry, I posted something else, but upon reviewing it, I felt that I had to make some major revisions, so I just opted to delete the post and make a new one instead.
"Due process" isn't really defined in the constitution, but it is mentioned in both the 5th and 14th amendments. Here's the text of the fifth:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Because it's not explicitly defined, the Supreme Court has had to interpret what "due process" actually means. Here's a breakdown of how it interprets procedural due process (process for civil and criminal cases):
https://en.wikipedia.org/wiki/Procedural_due_process
Of note is this bit:
At minimum, a person is due only notice, an opportunity to be heard, and a decision by a neutral decisionmaker.
This is a very low bar, especially when facing capital punishment. But in the case of Al-Alwaqi, even this low bar was denied to him.
I really like your metaphor about the bank robbers - it's a very good comparison on the basis of similarity of imminent public danger. The thing is, though, police actually have certain rules about when they can use deadly force, and though they very, very often get away with it even in situations where no deadly force is warranted, they are still occasionally indicted for it. Like Derek Chauvin, for example. One of the guiding lines for when use of deadly force is allowed is when there is an imminent danger either to the officer or to the public. But even this is subjected to review. Granted, it's not great review. But there's still something. There is no process for reviewing governmental use of deadly force on US citizens with drone strikes. In fact, since most military operations of this type are classified, we actually have no idea how many US citizens have been killed in this way.
Yeah, that's fair enough. "Murder" is a charged term. I prefer it because it emphasizes that it is an unlawful killing of a person, and I take issue with the denial of due process. I think it's doubly applicable when it concerns the US killing of his 16-year-old son.
Yup. Shit like this is exactly why I'm so cagey any time new precedents are set, because things that could be justified in certain hands can be tyranny in others. I feel like a deep familiarity with the law and US history naturally leads to a certain paranoia, and for good reason.