Posted on 10/01/2011 2:06:09 PM PDT by airedale
Possibly: http://travel.state.gov/law/citizenship/citizenship_780.html
“Although a person’s enlistment in the armed forces of a foreign country may not constitute a violation of U.S. law, it could subject him or her to Section 349(a)(3) of the Immigration and Nationality Act [8 U.S.C. 1481(a)(3)] which provides for loss of U.S. nationality if an American voluntarily and with the intention of relinquishing U.S. citizenship enters or serves in foreign armed forces engaged in hostilities against the United States or serves in the armed forces of any foreign country as a commissioned or non-commissioned officer. “
If you read 8 USC 1481.(a)(3) http://www.law.cornell.edu/uscode/uscode08/usc_sec_08_00001481——000-.html There is a key word in there and it’s “state” An organization no matter how big isn’t the same legally as a “state”
In order for Subsection 7 to apply a trial and due process would be required along with a verdict and sentence including the loss of citizenship would be required. “(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, or willfully performing any act in violation of section 2385 of title 18, or violating section 2384 of title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.” One difference is that the decision is based upon the preponderance of the evidence not a “reasonable doubt standard.
Ditto !
Don't hang out with the enemy and you won't be targeted.
Any human being who was doing what this scumwaffle was doing would be a fair target under the rules of war, but you want to call this a FREEDOM BREECH or something just because he is a citizen???
His right to live ended when he took up arms against his country and encouraged others to do so.
“Nuts!”
Same rules as killing 3000+ Americans on 9/11. It was ‘’ constitutional’’ don’t ya know.
But we do sort of and our law has to be followed to renounce or lose your citizenship. He also had Yemani citizenship since birth just like the US citizenship. They wouldn’t recognize his US citizenship because of his father being a citizen of Yemen. Their law says he’s a citizen. Either it has to be stripped by the courts or he has to go in to the embassy in a foreign country and renounce it following procedures.
You’re missing the point. We both agree that he’s a scumwaffle and deserved to be taken off the playing field. My problem is the precedence it sets for the President to decide to kill an American citizen without due process. Things like this start out with a horrible and then gradually or not so gradually move down the scale to lesser and lesser offenses. That’s the nature of bureaucracies and power. That’s why we’re supposed to be a nation of laws not of men. If we don’t have a clear understanding of the legal underpinnings of the decision and the constitutional justification it’s a slippery slope.
Can the President decide to kill an American without due process for speaking in what the President feels is against the national interest? In the past I’d say no, but we no longer can say that with certainty. That’s why we need to see the legal reasoning and the constitutional justification.
There are no rules. Omarxist executes any american he wants any where and any time.
Like Hitler’s nationalist socialist policies.
He went back to Yemen with his parents when y oung and someone said that he came to college here on a student visa?
If so, since Yemen doesn’t have duel citizenship, would that no mean that he gave up his U.S. citizenship at some point?
But hey, don’t expect today’s reporters to do any research...One outfit writes the story and the rest just regurgitate it.
that's probably because he had nothing to do with it. He probably found out about it the same time we did. ahahah
This was a CIA op. If they had had to wait for his okay, once they had the target in sight, hey would never have gotten the shot.
obama can't MAKE a decision. He hemmed and hawed for days during the bin L. take down. He kept saying he'd have to consult with Valerie (his commie handler) and she kept saying no.
The Big Boys finally took over - they got valerie our of the WH, grabbed him off the gold course - literally - sat him the corner of the situation room, still in his golf outfit and told him to watch.
AFter it was done, they handed him his speech that allowed him to take the glory - which soothed his narcissist feathers.
But one wonders - do they have the goods on him, did they let him know it and is that why they were able to, essentially, 'commit' a coup.
And then came what many have wondered was a retaliation - the unprecedented take down of whole Seals Team.
That may have sealed the BIG BOYS determination to make decisions when they need making and inform the CICINO after the fact.
This time, no glory speech to take credit as this take down has his sycophants twisted into pretzels.
Below: photo in the situation room during the Bin L take down. Does the little boy cringing in the corner - blocked into the corner - look like he's in charge of anything?
ahaha - and he couldn't get out of the room if he tried.
No it doesn’t. He or his parents would have had to have gone into the US Embassy in Yemen and gone through the steps of renouncing American citizenship. What it means when a country doesn’t recognize dual citizenship is simply it doesn’t recognize the other countries citizenship. It does nothing to how the other country treats it. After he got the Yemini passport he came back to the US and got a US passport as an American citizen based upon birth. If he or his parents had renounced his citizenship in an embassy he’d never (or at least with out a screw up) gotten and American passport.
That’s the concern of what this could lead to. Today Al Alwaki and tomorrow Rush, Glenn Beck or someone else that’s causing problems for the administration. This decision is potentially a slippery slope unless very well grounded and backed by the constitution and the courts.
That’s the concern of what this could lead to. Today Al Alwaki and tomorrow Rush, Glenn Beck or someone else like you or I that’s causing problems for the administration. This decision is potentially a slippery slope unless very well grounded and backed by the constitution and the courts.
NO NO NO
The point is:
HE WAS ACTIVELY PLOTTING TO KILL AMERICANS AND HE WAS CALLING ON OTHERS TO DO SO AND HE WAS DOING IT WITH A SWORN ENEMY AND HE WAS WITH THEM WHEN HE WAS KILLED
IT WAS AN ACT OF WAR!!
THAT’S WHAT THE POINT IS!
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