Conservative legal activist Mike Davis has publicly questioned the legality of drone strikes conducted during the Obama administration, specifically those targeting American citizens, and has called for an investigation by the Trump Justice Department. In a recent social media post, Davis directly addressed Ben Rhodes, who served as Deputy National Security Advisor for Strategic Communications and Speechwriting under President Barack Obama.
"Hey, Ben. Was it illegal when Obama ordered extrajudicial drone strikes on American citizens, including children? You helped lead the Obama NSC when this happened. Should the Trump Justice Department investigate these killings? Murders?" Mike Davis posted on social media.
The tweet revives a contentious debate surrounding the Obama administration's use of drone warfare, particularly the targeted killing of U.S. citizens abroad without trial. A prominent case involved Anwar al-Awlaki, an American-born cleric accused of being an operational leader of al-Qaeda in the Arabian Peninsula (AQAP), who was killed in a drone strike in Yemen in September 2011. Two weeks later, his 16-year-old American son, Abdulrahman al-Awlaki, was also killed in a separate drone strike in Yemen.
The Obama administration defended these strikes by arguing that al-Awlaki posed an "imminent threat" to the United States and that capturing him was not feasible. Legal scholars and civil liberties advocates, however, raised significant concerns about the due process rights of American citizens targeted for lethal action by their own government. The Justice Department, in a classified memo, outlined its legal justification, asserting that due process did not necessarily require judicial process in such circumstances.
Ben Rhodes, as a senior member of the National Security Council, was involved in the administration's broader counter-terrorism strategy and communications, which included discussions on drone policy. While not directly involved in the operational targeting, his role encompassed articulating and defending the administration's national security decisions. The administration's drone program significantly expanded under Obama, with officials often emphasizing the precision and legality of the strikes, even as they acknowledged civilian casualties.
Mike Davis, known for his work with the Article III Project, an organization focused on judicial appointments and conservative legal advocacy, frequently criticizes what he perceives as overreach by previous administrations. His call for a Trump Justice Department investigation into these past actions aligns with a broader conservative push for accountability regarding executive power. However, no formal investigation by the Trump Justice Department into the legality of Obama-era drone strikes on U.S. citizens has been publicly announced or pursued to date.