Chesney said proponents of the court should think twice if they expect judges will ever rule against a government decision to target a particular person.
"Judges famously tend to defer to the executive branch when it comes to factual judgments on matters of military or national security significance," Chesney said. "Especially when the stakes are as high as they will be represented to be in such cases."
At Brennan's confirmation hearing, Sen. Angus King, an independent from Maine, argued for establishing a new court, saying the president should not be the "prosecutor, the judge, the jury and the executioner."
Brennan told King such a court was "worthy of discussion," but added: "The commander in chief and the chief executive has the responsibility to protect the welfare, the well being of American citizens" from terrorist attacks.