Since Awlaki had not been convicted in a proper court or hasn’t been killed while shooting at American soldiers, they contend, his killing is unconstitutional. A side argument, beloved by the ACLU, is that the method of deciding who goes on the CIA target list is secret and therefore an illegal violation of due process.
These are clever arguments, but wrong. Federal courts have rejected the ACLU’s view when it brought a case seeking to bar the listing of U.S. citizens on the CIA’s terrorist hit list. Awlaki’s own father made a similar argument in another court and it too was rejected.
It's important to note that federal courts rejected those lawsuits over technical issues—standing—and not on the merits of the cases themselves. If Richard Miniter didn't know that, he should've. And if he did know that, he did a profound disservice to The Daily Beast's readers by suggesting otherwise.