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Title: ACLU objects to killing of al Qaeda leader
Source: The Hill
URL Source: http://thehill.com/blogs/blog-brief ... -to-killing-of-al-qaeda-leader
Published: Sep 30, 2011
Author: Erik Wasson
Post Date: 2011-09-30 12:40:46 by Sebastian
Keywords: None
Views: 126055
Comments: 179

The American Civil Liberties Union has objected to the killing of the U.S.-born Muslim cleric Anwar al-Awlaki in Yemen by U.S. forces.

Awlaki was a U.S. citizen, and the ACLU said President Obama does not have the authority to kill an American without due process of law. The White House confirmed the cleric was killed by a U.S. drone attack.

“The targeted killing program violates both U.S. and international law,” ACLU Deputy Legal Director Jameel Jaffer said. “As we’ve seen today, this is a program under which American citizens far from any battlefield can be executed by their own government without judicial process, and on the basis of standards and evidence that are kept secret not just from the public but from the courts.”

The ACLU said the government only has the authority to kill Americans when a threat is imminent.

“It is a mistake to invest the president — any president — with the unreviewable power to kill any American whom he deems to present a threat to the country,” Jaffer said.

Ben Wizner, litigation director of the ACLU’s National Security Project, added:

“If the Constitution means anything, it surely means that the president does not have unreviewable authority to summarily execute any American whom he concludes is an enemy of the state.”

Obama’s actions also garnered criticism from GOP presidential candidate Rep. Ron Paul (Texas).

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Begin Trace Mode for Comment # 14.

#4. To: Sebastian (#0) (Edited)

President Obama does not have the authority to kill an American without due process of law.

It's called first degree murder.

I know that a lot of people are out thumping their chests today, but without any evidence to the contrary, the only thing we know for sure is that al-Awlaki was posting political opinions on a website.

Posting political opinions on a web site is not against the law. Remember, that is what we do here on LF.

Also remember, that the very first thing Obama's Department of Homeland Security did was issue a report about homegrown, "right-wing extremists".

Tie these two together, along with Obama's constant demonetization of his opponents, and it points to a very bad place.

jwpegler  posted on  2011-09-30   13:30:44 ET  Reply   Untrace   Trace   Private Reply  


#5. To: jwpegler (#4)

It's called first degree murder.

Nope, it's called war. Under current U.S. law the President has the authority to attack enemy combatants outside of the U.S., regardless of their citizenship/country of origin.

See: http://volokh.com/2011/09/30/anwar-al-aulaqi-apparently-killed-by-drone-in-yemen/

and:

http://www.lawfareblog.com/2011/09/al-awlaki-as-an-operational-leader-located-in-a-place-where-capture-was-not-possible/

go65  posted on  2011-09-30   15:09:03 ET  Reply   Untrace   Trace   Private Reply  


#8. To: go65 (#5)

Under current U.S. law

There are a lot of current U.S. laws that violate the Constitution.

That's the problem.

jwpegler  posted on  2011-09-30   19:20:39 ET  Reply   Untrace   Trace   Private Reply  


#12. To: jwpegler, go65 (#8)

Under current U.S. law There are a lot of current U.S. laws that violate the Constitution.

That's the problem.

When I woke up this morning, it must have been in the Twilight Zone.

I agree with the ACLU on this one.

BTW -go65 - weren't you once opposed to the so called war on terror? Or was that just when Bush was prez.?

Get Outta Dodge!  posted on  2011-09-30   21:52:11 ET  Reply   Untrace   Trace   Private Reply  


#13. To: Get Outta Dodge!, jwpegler, go65, A K A Stone (#12)

When I woke up this morning, it must have been in the Twilight Zone.

I agree with the ACLU on this one.

I disagree with all those who found an allegedly "good cause" to ignore the Constitution, whether it was Lincoln, Dubya Bush, or Obama. Some future president becomes the sole arbiter of what is a "good cause." Glenn Greenwald spoke to the issue today.

http://www.salon.com/news/opinion/glenn_greenwald/2011/09/30/awlaki/index.html

Friday, Sep 30, 2011 06:31 ET

The due-process-free assassination of U.S. citizens is now reality

By Glenn Greenwald

[excerpt]

What's most striking about this is not that the U.S. Government has seized and exercised exactly the power the Fifth Amendment was designed to bar ("No person shall be deprived of life without due process of law"), and did so in a way that almost certainly violates core First Amendment protections (questions that will now never be decided in a court of law). What's most amazing is that its citizens will not merely refrain from objecting, but will stand and cheer the U.S. Government's new power to assassinate their fellow citizens, far from any battlefield, literally without a shred of due process from the U.S. Government. Many will celebrate the strong, decisive, Tough President's ability to eradicate the life of Anwar al-Awlaki -- including many who just so righteously condemned those Republican audience members as so terribly barbaric and crass for cheering Governor Perry's execution of scores of serial murderers and rapists -- criminals who were at least given a trial and appeals and the other trappings of due process before being killed.

From an authoritarian perspective, that's the genius of America's political culture. It not only finds way to obliterate the most basic individual liberties designed to safeguard citizens from consummate abuses of power (such as extinguishing the lives of citizens without due process). It actually gets its citizens to stand up and clap and even celebrate the destruction of those safeguards.

nolu chan  posted on  2011-09-30   22:37:35 ET  Reply   Untrace   Trace   Private Reply  


#14. To: nolu chan (#13)

I disagree with all those who found an allegedly "good cause" to ignore the Constitution, whether it was Lincoln, Dubya Bush, or Obama.

Well commented as usual nolu....though I'm just skimming around here and not reading everything.

Missing for most would be the reason for Lincoln in there.

Unless they are capable and actually think about it a bit.

e_type_jag  posted on  2011-10-01   0:23:22 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 14.

#16. To: e_type_jag (#14)

Missing for most would be the reason for Lincoln in there.

I am primarily considering the suspension of habeas corpus. The authority to suspend was not only claimed, but was delegated to military officers. Secretary of War Stanton was the first to suspend it throughout the union, and Lincoln followed that with his own proclamation. Notably, this was in the Northern states. People were picked up, imprisoned without charge, and denied any legal process.

Where such actions are justifiable, the people should decline to prosecute or convict, essentially jury nullification. We should not translate justifiable to lawful. It makes for bad precedent. Litigation against the Bush administration was defended by citing Civil War precedents.

nolu chan  posted on  2011-10-01 01:08:44 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 14.

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