WASHINGTON -- Two civil liberties organizations suing the U.S. government for killing three Americans in drone strikes slammed the Obama administration Tuesday for trying to cut federal courts out of the debate. The government argued in a court filing last week that drone strikes against American citizens were constitutional, in part, because President Barack Obama said they are.

"Two years after the fact, the president declassified what the entire world knew to be true -- that the government killed three American citizens, including a 16-year-old boy," the Center for Constitutional Rights and the American Civil Liberties Union said in a joint statement. "Now, the government continues to insist that the courts have no role in evaluating the legality of its actions. But the executive branch cannot simply declare the killings lawful and attempt to close the book on that basis. A federal judge, not executive officials examining their own conduct, must determine the constitutionality of the government's actions."

The ACLU and the Center for Constitutional Rights has sued the government on behalf of the estates of three American citizens killed in drone strikes. The suit alleges the killings violated the constitutional rights to due process of the slain Americans. One American killed by a drone, Anwar al Awlaki, was specifically targeted by the U.S. government. Awlaki's 16-year-old son and another American, Samir Khan, were killed in strikes that didn't specifically target them.

The Obama administration said in a court filing last week that statements from Attorney General Eric Holder and President Barack Obama claiming the drone strikes were constitutional "support the conclusion that those actions were lawful, and certainly were not clearly established to be unconstitutional in 2011."

The Department of Justice said the plaintiffs "failed to allege the violation of any clearly established constitutional rights" and that acknowledging that the government had killed the U.S. citizens didn't change its position.

In a court filing on Tuesday, the ACLU and Center for Constitutional Rights said that the "fact that the government has now declassified its use of lethal force against the decedents -- after its long-standing argument that such disclosure would present grave risks to national security" -- suggested the blanket concerns about classified information were "speculative."

ACLU/CCR Response

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  • Boeing Phantom Ray

    <strong>Type</strong>: Military (U.S.) <strong>Description</strong>: Boeing's stealth Phantom Ray took to the skies for the <a href="http://www.boeing.com/Features/2011/05/bds_phantom_ray_first_flight_05_04_11.html" target="_hplink">first time in April 2011</a>. According to Boeing, the <a href="http://www.boeing.com/advertising/bma/unmanned/unmanned_05.html" target="_hplink">Phantom Ray can perform missions</a> such as intelligence, surveillance and reconnaissance; suppression of enemy air defenses; and electronic attack. <strong>Potential Deployment</strong>: Unknown. This is a "demonstrator" so there will likely be a future variation of the Ray.

  • General Atomics Predator Avenger

    <strong>Type</strong>: Military (U.S.) <strong>Description</strong>: General Atomics Aeronautical Systems <a href="http://www.ga-asi.com/products/aircraft/predator_c.php" target="_hplink">Predator Avenger C</a> is a beast. According to the two-page brochure, the PAC is a "Next-Generation Multi-mission ISR and Strike Aircraft" and successor for the Predator B that can be stacked with a multitude of weaponry. <strong>Deployment</strong>: There is one <a href="http://www.aviationweek.com/aw/generic/story.jsp?topicName=unmanned&id=news/awst/2011/12/19/AW_12_19_2011_p25-406500.xml&headline=USAF Plans Larger, More Capable Predator&channel=&from=topicalreports" target="_hplink">demonstration craft currently in Afghanistan</a>.

  • SOCOM Mini Drone Of Doom

    <strong>Type</strong>: Military (U.S.) <strong>Description</strong>: Yo dawg, I heard you like drones so I <a href="http://www.wired.com/dangerroom/2011/10/socom-warhead-drones/" target="_hplink">put a drone in your drone</a>. One small deadly warhead-equipped mini-drone stuffed into another, to be launched from the main drone and remotely aimed at a target. <strong> Potential Deployment</strong>: This <a href="http://defensenewsstand.com/NewsStand-General/The-INSIDER-Free-Article/socom-could-have-warhead-equipped-micro-uav-by-spring-2012/menu-id-720.html" target="_hplink">warhead-equiped micro-UAV</a> could be flown by SOCOM in the skies by spring 2012.

  • Suicide Switchblade

    <strong>Type</strong>: Military (USA) <strong>Description</strong>: <a href="http://www.avinc.com/uas/adc/switchblade/" target="_hplink">AeroVironment's Switchblade</a> is meant to be a portable, rapid deployment, beyond line-of-sight, "loitering munition" that is a "magic bullet." A bit of advice, AeroVironment: Don't describe a remote-controlled bomb as a "loitering munition" that you call "Switchblade," as it conjures up images of 1950's-style greasers loitering on street corners, flipping open switchblades idly as they wait for their favorite gals. Luckily, greasers won't be in charge of flying Switchblades. They're to be controlled by infantry and <a href="http://www.defensenews.com/story.php?i=7982421&&s=TOP" target="_hplink">according to the AeroVironment</a>, "Flying quietly at high speed the Switchblade delivers its onboard explosive payload with precision while minimizing collateral damage." <strong>Potential Deployment</strong>: Undisclosed.

  • Nano Hummingbird

    <strong>Type</strong>: Surveillance (USA, DARPA Funded) <strong>Description</strong>: AeroVironment is at it again. In partnership with DARPA, they've actually managed to build a human mechanically engineered version of one of nature's most amazing flying machines: the hummingbird. The <a href="http://www.avinc.com/media_gallery/" target="_hplink">Nano Hummingbird</a> is a perfect bid for James Bond-esque style spy shenanigans. Once these hit the field, we'll never look at hummingbirds the same way. "Stop looking at me! That bird is following me!" <strong>Potential Deployment</strong>: Within five years.

  • Army A160 Hummingbird Drone

    <strong>Type</strong>: Military (U.S. Army) <strong>Description</strong>: Though the military's <a href="http://www.huffingtonpost.com/2011/12/30/us-army-hummingbird-a160-helicopter-drone_n_1176763.html?ref=technology" target="_hplink">A160 Hummingbird drone</a> doesn't resemble an actual hummingbird so much as AeroVironment's take, it is <a href="http://www.salon.com/2011/12/06/nprs_domestic_drone_commercial/" target="_hplink">raising just as many alarms</a> because of its potential to be deployed on the U.S. home front. <strong>Potential Deployment</strong>: May or June 2012, Afghanistan

  • Firescout

    <strong>Type</strong>: Military (U.S. Navy) <strong>Description</strong>: Northrop Grumman <a href="http://www.as.northropgrumman.com/products/mq8bfirescout_navy/index.html" target="_hplink">describes the Firescout</a> as a "Transformational Fire Scout Vertical Takeoff and Landing Tactical Unmanned Aerial Vehicle system provides unprecedented situation awareness and precision targeting support for U.S. Armed Forces of the future. The MQ-8B Fire Scout has the ability to autonomously take off and land on any aviation-capable warship and at prepared and unprepared landing zones in proximity to the soldier in contact." <strong>Potential Deployment</strong>: <a href="http://www.irconnect.com/noc/press/pages/news_releases.html?d=237497" target="_hplink">March 2013</a>

  • Euro Hawk

    <strong>Type</strong>: Military (German Ministry of Defense, purchased from Northrop Grumman) <strong>Description</strong>: NG touts its <a href="http://www.as.northropgrumman.com/products/euro_hawk/index.html" target="_hplink">Euro Hawk</a>, built for German Ministry of Defense, as having a "wingspan larger than a commercial airliner, endurance of more than 30 hours and a maximum altitude of more than 60,000 feet, EURO HAWK is an interoperable, modular and cost-effective replacement to the aging fleet of manned Breguet Atlantic aircraft, which have been in service since 1972 and will be retired in 2010." <strong>Potential Deployment</strong>: 2015, 2016 (<a href="http://www.as.northropgrumman.com/products/euro_hawk/assets/SIGINT_NewsRelease_101211.pdf" target="_hplink">PDF</a>)

  • X-47B

    <strong>Type</strong>: Military (U.S. Navy) <strong>Description</strong>: A carrier-based combat drone, <a href="http://www.as.northropgrumman.com/products/nucasx47b/index.html" target="_hplink">Northrop Grumman's futuristic X-47B</a> flew in its cruise configuration <a href="http://www.irconnect.com/noc/press/pages/news_releases.html?d=239278" target="_hplink">for the first time</a> on November 22, 2011. It can land with precision on the deck of a moving aircraft carrier, and features twin weapons payload bays that hold up to 4,500 lbs. (<a href="http://www.as.northropgrumman.com/products/nucasx47b/assets/X-47B_Navy_UCAS_FactSheet.pdf" target="_hplink">PDF</a>). <strong>Potential Deployment</strong>: <a href="http://www.wired.com/dangerroom/2011/11/navy-killer-drone-refuel/" target="_hplink">2018</a>

  • Taranis

    <strong>Type</strong>: Military (British) <strong>Description</strong>: BAE System's Taranis (<a href="http://www.baesystems.com/BAEProd/groups/public/documents/bae_publication/bae_pdf_taranis_fact_sheet.pdf" target="_hplink">PDF</a>) is aiming to "Push the boundaries by providing advancements in low observability capability and autonomous mission systems operations demonstrating the feasibility and utility of UAVs." Such a statement starts to push the idea of fully autonomous flight from science fiction into science fact, though we're still a long way off from having an actual real debate on fully autonomous drones fighting our battles and flying our skies. Potential Deployment: TBD, test flights have been delayed to 2012.

  • Boeing Phantom Eye

    <strong>Type</strong>: Communications <strong>Description</strong>: Boeing's hydrogen-powered <a href="http://www.boeing.com/Features/2010/07/bds_feat_phantom_eye_07_12_10.html" target="_hplink">Phantom Eye</a> is a High Altitude Long Duration Craft designed to fly at <a href="http://www.boeing.com/Features/2011/11/bds_phantom_eye_11_16_11.html" target="_hplink">65,000 feet for up to four days</a>. <strong>Potential Deployment</strong>: Unknown

  • DARPA Vulture

    <strong>Type</strong>: Intelligence, Surveillance, and Reconnaissance (ISR) <strong>Description</strong>: <a href="http://www.darpa.mil/Our_Work/TTO/Programs/Vulture.aspx" target="_hplink">DARPA's description</a> says the "Vulture technology enables a re-taskable, persistent pseudo-satellite capability, in an aircraft package." Basically, DARPA is attempting to develop a super long duration craft capable of five year continuous flight. Think about that - the Vulture is intended to fly for up to five years continuously. If it were to launch this year it would be in the air for two Olympics. <strong>Potential Deployment</strong>: Unknown

  • AVIATR: Drone To Fly Saturn's Moon

    <strong>Type</strong>: Government Funded Space Exploration <strong>Description</strong>: While the proposal probably won't go through for this mission, this is an aerial drone we can really get behind. <a href="http://www.huffingtonpost.com/2012/01/04/aviatr-probe-proposed-mission-titan_n_1184028.html" target="_hplink">AVIATR</a> would be a long distance drone that would fly the skies of Saturn's moon Titan. <strong>Potential Deployment</strong>: Beyond 2020

  • Japan Defense Ministry Ball Drone

    <strong>Type</strong>: Surveillance (Japan) <strong>Description</strong>: Techcrunch <a href="http://techcrunch.com/2011/10/25/video-japans-defense-ministry-develops-awesome-ball-shaped-drone/" target="_hplink">tells us</a> that the drone can "stand still in mid-air, fly vertically and horizontally through narrow spaces at up to 60km/h, and (which is very cool) keep on moving when it hits the ground or a wall. Thanks to three gyro sensors in its body, the machine can keep also flying even if it's hit by an obstacle." And all for only $1,400. <strong>Potential Deployment</strong>: Undisclosed