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U.S. Approval of Killing of Cleric Causes Unease
The New York Times ^ | May 13, 2010 | Scott Shane

Posted on 05/14/2010 1:27:27 PM PDT by Alex Murphy

WASHINGTON — The Obama administration’s decision to authorize the killing by the Central Intelligence Agency of a terrorism suspect who is an American citizen has set off a debate over the legal and political limits of drone missile strikes, a mainstay of the campaign against terrorism.

The notion that the government can, in effect, execute one of its own citizens far from a combat zone, with no judicial process and based on secret intelligence, makes some legal authorities deeply uneasy.

To eavesdrop on the terrorism suspect who was added to the target list, the American-born radical cleric Anwar al-Awlaki, who is hiding in Yemen, intelligence agencies would have to get a court warrant. But designating him for death, as C.I.A. officials did early this year with the National Security Council’s approval, required no judicial review.

“Congress has protected Awlaki’s cellphone calls,” said Vicki Divoll, a former C.I.A. lawyer who now teaches at the United States Naval Academy. “But it has not provided any protections for his life. That makes no sense.”

Administration officials take the view that no legal or constitutional rights can protect Mr. Awlaki, a charismatic preacher who has said it is a religious duty to attack the United States and who the C.I.A. believes is actively plotting violence. The attempted bombing of Times Square on May 1 is the latest of more than a dozen terrorist plots in the West that investigators believe were inspired in part by Mr. Awlaki’s rhetoric.

“American citizenship doesn’t give you carte blanche to wage war against your own country,” said a counterterrorism official who discussed the classified program on condition of anonymity. “If you cast your lot with its enemies, you may well share their fate.”

President Obama, who campaigned for the presidency against George W. Bush-era interrogation and detention practices...

(Excerpt) Read more at nytimes.com ...


TOPICS: Government; Politics/Elections; US: New Mexico; War on Terror
KEYWORDS: anwaralawlaki; awlaki; cia; fifthamendment; fthoodmassacre; nytimesbias; pravdamedia; proislamist; proterrorist; radicalimam; radicalislam; scottshane; thenewyorktimes; timessquarebombplot; traitor; underpantsbomber; waronterror; yemen
....the disclosure last month by news organizations that Mr. Awlaki, 39, had been added to the C.I.A. kill list shifted the terms of the legal debate in several ways. He is located far from hostilities in Afghanistan and Pakistan, where the perpetrators of 9/11 are believed to be hiding....Most significantly, he is an American, born in New Mexico, arguably protected by the Fifth Amendment’s guarantee not to be “deprived of life, liberty, or property, without due process of law.” In a traditional war, anyone allied with the enemy, regardless of citizenship, is a legitimate target; German-Americans who fought with the Nazis in World War II were given no special treatment.
1 posted on 05/14/2010 1:27:27 PM PDT by Alex Murphy
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To: Alex Murphy

Get Mitch Rapp on the job ASAP.


2 posted on 05/14/2010 1:30:22 PM PDT by Ole Okie
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To: Alex Murphy
The Obama administration’s decision to authorize the killing by the Central Intelligence Agency of a terrorism suspect who is an American citizen has set off a debate over the legal and political limits of drone missile strikes, a mainstay of the campaign against terrorism.

And what did they think that cloak and dagger espioniage was all about?

Awlaki does not operate on US soil. If Bin Laden held "dual" citizenship would we be hesitant to take him out with a missile strike?

3 posted on 05/14/2010 1:30:45 PM PDT by a fool in paradise (Throw the bums out in 2010.)
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To: Alex Murphy

Is this Obama’s fault?


4 posted on 05/14/2010 1:33:40 PM PDT by equalitybeforethelaw
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To: Alex Murphy

Well, he does have the right to remain silent. His remains will be silent too, I imagine.


5 posted on 05/14/2010 1:34:45 PM PDT by Nick Danger (Pin the fail on the donkey)
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To: Alex Murphy

No different that a police sniper taking out a US Citizen Criminal holding a hostage at gun point....


6 posted on 05/14/2010 1:41:02 PM PDT by Robe (Rome did not create a great empire by talking, they did it by killing all those who opposed them)
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To: Alex Murphy

They get one right and will probably end up apologizing over it.


7 posted on 05/14/2010 1:48:44 PM PDT by Zack Attack
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To: a fool in paradise

Awlaki is an active combatant in the WOT. As such, he’s fair game, just as Admiral Yamamoto was when we sent out a hit team of P-38s to whack him in WWII.


8 posted on 05/14/2010 1:56:49 PM PDT by libstripper
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To: Robe
No different that a police sniper taking out a US Citizen Criminal holding a hostage at gun point....

Yep. Or even more like a Marine sniper taking out a U.S. citizen spy, in Germany, working for the Nazis.

9 posted on 05/14/2010 2:01:08 PM PDT by Ramius (Personally, I give us... one chance in three. More tea?)
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To: Alex Murphy

Last I heard, treason and sedition were death penalty offenses ...

ANYONE betraying their country has forfeited their rights that they were afforded when they were law-abiding citizens of said country ...


10 posted on 05/14/2010 2:31:57 PM PDT by Lmo56
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