The correct line should be whether Congress has declared war, not the location. Because the U.S. has not fought a substantial war on its own soil since 1812, people confuse declaration of war with U.S. soil.
In fact, Holder would have been correct in his letter if instead of giving 9-11 as an example, he gave the example of Congress having declared war against Mythistan, and a U.S.-born citizen who grew up in Mythistan came to the U.S. as an armed soldier wearing a Mythistan uniform, then of course the U.S. military would have right to use armed drones against such a soldier on U.S. soil.
Want DP delivered to your inbox daily? Subscribe here: