Judge dismisses drone lawsuit against Obama administration over killed U.S. citizens -- By Pete Yost, Associated Press, The Washington Times

WASHINGTON — A federal judge on Friday dismissed a lawsuit against Obama administration officials for the 2011 drone-strike killings of three U.S. citizens in Yemen, including an al Qaeda cleric.

U.S. District Judge Rosemary Collyer said the case raises serious constitutional issues and is not easy to answer, but that "on these facts and under this circuit's precedent," the court will grant the Obama administration's request.

The suit was against then-Defense Secretary Leon Panetta, then-CIA Director David Petraeus and two commanders in the military's Special Operations forces.

Permitting a lawsuit against individual officials "under the circumstances of this case would impermissibly draw the court into 'the heart of executive and military planning and deliberation,'" Collyer said. She said the suit would require the court to examine national security policy and the military chain of command as well as operational combat decisions regarding the designation of targets and how best to counter threats to the United States.

At oral arguments last July, the judge challenged the Obama administration's position repeatedly, pointedly asking, "Where was the due process in this case?" for the now-dead U.S. citizens targeted in the drone attacks. When an administration lawyer said there were checks in place, including reviews done by the executive branch, Collyer said, "No, no, no, no, no" and declared that "the executive is not an effective check on the executive" when it comes to protecting constitutional rights.

But in Friday's ruling, it was clear that the administration's arguments had a strong impact on the judge, who was appointed by President George W. Bush.

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