President Donald Trump’s use of the U.S. military to kill persons on speed boats in international waters, or in territorial waters claimed by other sovereign nations — all 1,500 miles from the U.S. — has posed grave issues of due process.

The U.S. Constitution’s guarantee of due process requires it for every person, not just Americans. The operative language of the Fifth Amendment is that “No person … shall be deprived of life, liberty, or property without due process of law.”

The Trump administration has claimed that it can kill whomever it designates as an unlawful enemy combatant — it prefers the political phrase “narco-terrorist” — and the due process it provides is the intelligence gathered by American spies and the White House analysis of that intelligence.

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