Due process and “human rights” do not apply when the government has resolve or perceives the transgression to be beyond the pale. The law or constitution does not matter then as well. Just ask Eugene Debs. Or see Julian Assange. Or Korematsu. Or Joseph Nacchio who refused to violate the law and do illegal surveillance on US citizens for the government without a court order.
https://en.wikipedia.org/wiki/Debs_v._United_States
https://en.wikipedia.org/wiki/Korematsu_v._United_States
https://en.wikipedia.org/wiki/Julian_Assange
https://en.wikipedia.org/wiki/Joseph_Nacchio