Doesn’t a journalist working abroad who is about to release classified information about a war crime—thus committing a crime—that will provoke retribution or a break with allies—endangering Americans—fit this definition of a target?

Walzer didn’t initially think that it did. The danger to Americans, he said, had “to come directly not indirectly from the target before he can be a target.” McMahan had a different view:

If the release of classified information really would seriously endanger the lives of innocent people and the only way to prevent the release of the information was to kill the journalist, then the journalist would be liable to attack. But the evidential standards in such a case would be very high and would be unlikely to be satisfiable in practice.

“So Michael wouldn’t kill the journalist but Jeff just might…” I posted, and the chat moved on. But the question of the journalist is worth dwelling on, because it gets at some of the fundamental problems with the targeted-killing program. Who is “dangerous”? And who decides? A Justice Department white paper laying out the circumstances in which the President can kill Americans talks not only about Al Qaeda but also about “associated forces,” not clearly defined. Michael Crowley, of Time, pointed out that Jeh Johnson, the former Pentagon general counsel, has said that “Our enemy does not include anyone solely in the category of activist, journalist, or propagandist,” and I don’t mean to say that the current Administration has adopted the logic that it does, though that “solely” can do a lot of work. The vagueness could easily increase with the passage of time, as targeted killings shift from a policy to a precedent. The logical chain, as illustrated in our chat, can move very quickly.