OTOH, consider someone walking toward the detonating mechanism of a huge bomb in a shopping center. At that point he isn't doing anything , just walking.At what point do you decide to shoot him, rather than let him possibly kill a hundred shoppers?The 5th amendment is clear that "due process of law" is needed in general. The exceptions are hard to interpret because the whole amendment is full of oddly placed commas. Nevertheless the SC has mostly ruled over the years that these amendments were put in place to protect the populace from the government, thus when in doubt any bending should favor the former.The present secrecy and lack of rigorous safeguards is troubling. I think everything should be documented, procedures should be followed, and everything released to the public 10 years later. Statute of limitations for any who may have broken the law should not begin running until the documents are released. Perhaps prosecution should be in the hands of an independent agency not appointed by the President.
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