The question remains as to the exception(s) to the fifth amendment contained in the text itself:
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
The following is/was the basis of the administration's decision to kill him.
There was imminent public danger of harm to Americans by his activities with those who have taken up arms against us as an act of war, there was little or no chance to cature him alive, he had committed verifiable acts of war (strategic and tactical planning) as a foreign agent.
An impeachment would certainly clarify once and for all if there is a
prima facie renunciation of citizenship by any individual siding with and planning (whether taking up arms or not) to kill Americans as an act of war by that enemy agent.
But we all know it won't happen.
In addition: At minimum there should have been a judicial review and decision. Was there? Does anyone know?
In
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), the U.S. Supreme Court, per Chief Justice John Marshall, ruled that the ultimate authority for determining the Constitution’s meaning lay with the judicial branch of government through the power of judicial review. Pursuant to this power, courts are authorized to review laws enacted by government officials and invalidate those that violate the Constitution.
There has never been a situation exactly like this one. In my day traitors could be executed during a time of war on the battle field having sided with the enemy to kill Americans during the heat of a battle.
But just what is the heat of a battle in this case and what constitutes a battle field?
Is sitting in a car planning death and destruction to Americans the heat of the battle?
Having served in the military in an information and intelligence capacity, yes, in all probability they (intelligence community) most certainly heard every word of the conversation.
HankD