At this moment they are specifically talking about American citizens that join or become resources for al Qaeda. The terrifying thing is that they seem to think they can reserve the right to apply this destruction of basic constitutional rights to any group or individual citizens they deem as terrorists.
The government lawyers — CIA counsel Stephen Preston and Pentagon counsel Jeh Johnson — did not directly address the al-Alwaki case. But they said U.S. citizens don’t have immunity when they’re at war with the United States.
Johnson said only the executive branch, not the courts, are equipped to make decisions about who qualifies as an enemy.
The executive branch is reserving the right to declare anyone a terrorist and imprison them indefinitely without trial.
Did I mention that John *Spit* McCain, of all people, has authored a law that gives the military this power and it has a very good chance of passing as part of the National Defense Authorization Act (NDAA)? Obama has given lip service to vetoing the bill. His lawyer’s comments suggest otherwise.