An American terror suspect is being considered as a target for a drone attack, the Obama administration revealed.

The suspect, who is a member of al-Qida is actively planning attacks against Americans, officials say, and the Obama administration is deciding whether to kill him with a drone strike and how they can do so legally. 

Right now, he is being watched by CIA drones, but they can't attack him as he is a US citizen; the justice system will have to build a case first, which they are in the process of doing.  He is currently in an unrevealed country that refuses US military action on its soil and President Obama's new policy states that American terror suspects overseas can only ne killed by the military, not the CIA.  

The suspect has already carried out attacks and is apparently planning more, using improvised explosives, but a US official said the defence department is divided over whether the man is worth the potential fallout of killing an American without charge, thought the Pentagon recommends lethal action.  

The suspect is currently staying in a well-guarded remote location, which would be difficult for US troops to capture him, thus necessitating the need for a strike.

Under new legislation, lethal force must only be used to "prevent or stop attacks against US persons and even then, only when capture is not feasible, and no other reasonable alternatives exist."

The target must also be caught in the act of plotting a lethal attack.

 House of Representaives Intelligence chairman Mike Rogers complained that this made a number of targets 'all but out of reach' under the new legislation.  

The US Justice Department is currently building a case against the man, which will decide his fate.