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Peter Van Buren

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U.S. Executes American Citizen Al-Awlaki Without Trial

Posted: 10/03/11 03:40 PM ET

Q: If a foreign organization kills an American overseas for political reasons, it is called...

A: Terrorism.

Q: If the United States kills an American overseas for political reasons, it is called...

A: Justice?

The Government of the United States, currently under the management of a former professor of constitutional law, executed one of its own citizens abroad without any form of due process. This is generally seen as a no-no as far as the Bill of Rights, the Magna Carta and playground rules go. The silly old Fifth Amendment to the Constitution guarantees "no person shall be deprived of life without due process of law" and include no exceptions for war, terrorism, or being a really shitty human being.

Anwar Al-Awlaki, an American Citizen, was killed in Yemen on or around September 30. While no one has officially claimed responsibility, the choices for trigger-puller are either the inept Yemen military or the United States, with its Skynet-like web of drones, satellites and intelligence tools.

America has been trying to kill Al-Awlaki for some time. About May 7 a U.S. military drone fired a missile in Yemen aimed at Al-Awlaki. The missile instead blew up a car with two other people in it, quickly dubbed "al Qaeda operatives" since we killed them. The U.S. has shot at Al-Awlaki even before that, including under the Bush administration.

In justifying the assassination attempts previously, Obama's counterterrorism chief Michael Leiter said Al-Awlaki posed a bigger threat to the U.S. homeland than bin Laden did, albeit without a whole lot of explanation as to why this was. But, let's be charitable and agree Al-Awaki is a bad guy; indeed, Yemen sentenced him to 10 years in jail (which is not execution, FYI) for "inciting to kill foreigners" and "forming an armed gang."

The key factor in thinking this through is that no one has accused Al-Awlaki of actual killing anyone. He is accused of talking to people, albeit about jihad and killing, and exchanging emails with evil people like the shoe bomber or the underwear bomber, I forget which, and the Fort Hood killer. None of these are nice people and I doubt any of the conversations were about nice things. Still, the truth is uglier: the U.S. executed an American Citizen because of what he said and what he thought.

Attorneys for Al-Awlaki's father previously tried to persuade a U.S. District Court to issue an injunction last year preventing the government from the targeted killing of Al-Awlaki in Yemen, though a judge dismissed the case, ruling the father did not have standing to sue. My research has so far been unable to disclose whether or not this is the first time a father has sought to sue the U.S. government to prevent the government from killing his son, but I'll keep looking. The judge did call the suit "unique and extraordinary" so I am going to go for now with the idea that no one has previously sued the US Government to prevent them from murdering a citizen without trial or due process. The judge wimped out and wrote that it was up to the elected branches of government, not the courts, to determine whether the United States has the authority to murder its own citizens abroad.

Just to get ahead of the curve, and even though my own kids are non-terrorists and still in school, I have written to the president asking in advance that he not order them killed. Who knows what they might do? One kid has violated curfew a couple of times, and another stays up late some nights on Facebook, and we all know where that can lead.

The reason I bring up this worrisome turn from regular person to wanted terrorist is because Al-Awlaki used to be on better terms with the U.S. government himself. In fact, after 9/11, the Pentagon invited him to a luncheon as part of the military's outreach to the Muslim community. Al-Awlaki "was considered to be an 'up and coming' member of the Islamic community" by the Army. He attended a luncheon at the Pentagon in the Secretary of the Army's Office of Government Counsel. Al-Awlaki was living in the D.C. area at that same, the same area my kids live , serving as Muslim chaplain at George Washington University, the same university my kids might walk past one day.

Even though constitutional law professor Obama appears to have skipped reading about the Fifth Amendment (release the transcripts! Maybe he skipped class that day!), courts in Canada have not.

A Toronto judge was justified in freeing an alleged al Qaeda collaborator given the gravity of human rights abuses committed by the United States in connection with his capture in Pakistan, the Ontario Court of Appeal ruled. Judges are not expected to remain passive when countries such as the U.S. violate the rights of alleged terrorists, the court said.

"We must adhere to our democratic and legal values, even if that adherence serves in the short-term to benefit those who oppose and seek to destroy those values," said the Canadian court.

Golly, this means that because the U.S. gave up its own principles in detaining and torturing this guy, the Canadians are not going to extradite him to the U.S.. That means that the U.S. actions were... counterproductive... to our fight against terrorism. The Bill of Rights was put in place for the tough cases, not the easy ones. Sticking with it as the guiding principle has worked well for the U.S. for about 230 years, so why abandon all that now?

Meanwhile, I'll encourage my kids to stay inside when they hear drones overhead.

 
 
 

Follow Peter Van Buren on Twitter: www.twitter.com/@wemeantwell

 
 
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HUFFPOST SUPER USER
Charles Queen
I am a disabled nam vet
09:47 PM on 10/08/2011
If the busy body's of the country had any real idea as to how often this practice takes place they would deficate all over theirselves.Of course they won't say anything about all of the very many other country's also do this same thing.When it comes to handling a person who has killed countelss Americans and many others from diferent country's all around the world and would have continued to make the plans and the means and the oredrs for their suicide bombers and the other bobmbers that use remote devices to set off their bobmb it becomes a completelt whole diferent thing.Yes,there really is a place for this to happen in today's world and perhaps more often than during the cold war day's.I have no problem at all with it whatsoever.If it means stopping inocents from being killed then it's all good.Whatever it takes to stop it is alright.It's how the game as it were is palyed by us and every other country of the world.If holding these pople and collecting info is pssible then we woudn't exterminate them but when that no longer or never has ben a tool then extermination is the next and most logical thing to start up
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HUFFPOST SUPER USER
Charles Queen
I am a disabled nam vet
09:29 PM on 10/08/2011
Yep, and now it's on to the next criminal o the famed underwear bomber.I cannot believe that this one is still going on.I seee no reason for this to be dragged out so very long at all although I gotta say that he was one of the more inventive ones trying to blow a plane out of the sky,underwear bombs
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HUFFPOST SUPER USER
Charles Queen
I am a disabled nam vet
07:04 PM on 10/08/2011
They really think that al-quaeda is coming to and end?I highly doubt that.Hell,we have members living right here in our own country.No, their not gonenot by a long shot and make no mistake,they will strike out again sooner or later
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HUFFPOST SUPER USER
Charles Queen
I am a disabled nam vet
05:31 PM on 10/08/2011
In some instances puling the triger on someone is justified.People just do not get the big picture and just exactly how the game is played when dealing with an enemy that is totaly rughtless and does not care who or how many he causes to die,be crippled,left without parents etc.This is reality and reality means that in certain instances there is no judge jury etc.It does not work that way in real life.You have no idea as to ho many people are exterminated by all country's all around the world.There is no rule when dealing ith these types of people.You get the opportunity or chance with no collaterl damge,you take the shot and it's a done deal.I have absolutely no problem with it at all.I worked in the buisness for a good manyyears.Ya I suffer the after effects now from what I did years ago.It's a job,nothing more,nothing less and yes it is cold and rughtless but i the ends justify the means whih in this caes they did then it was warrrented
abhorson
Si Si Chiquita. There's a woman worth her ransom
08:16 AM on 10/07/2011
"If the United States kills an American overseas for political reasons" ....

well, I think it was MORE than 'political reasons'.... BUT... even I, who didn't give a damn what terrorist we water-boarded, find it extremely worrying that killing an AMERICAN citizen (like it or not) without any due process can be done using executive orders...
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LibRule
Peace on, Republicans!
01:22 PM on 10/05/2011
It is really interesting reading these posts. They fall into a few basic categories:
A) I think waterboarding was fine but this is awful OR I think water boarding was awful but this is fine - these are the unthinking partisans, very dangerous. In their world, power is law and there is no accountability.
B) I think waterboarding was fine, and I think this was fine- this guy was out to get us - violent, revenge motivated, fear based, and does not care about law or the constitution (though some of them try mightily to justify things legally/constitutionally).
C) Waterboarding was illegal, this was illegal- both are unconstitutional and ethically wrong - to me, this is the only morally defensible position.

But more power to y'all- you sure are fun to watch!
abhorson
Si Si Chiquita. There's a woman worth her ransom
08:18 AM on 10/07/2011
and there's poor ol' me ... who didn't give a rat's behind about waterboarding and don't like this much ... but not because of the "legality" of water-boarding... but SIMPLY because this is an American citizen and a country has a duty to protect ITS OWN CITIZENS... not Afghan terrorists for whom I wouldn't give 10cents.
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LibRule
Peace on, Republicans!
11:51 AM on 10/07/2011
So the rule of law is good when it agrees with what you give a rat's behind about. Very well thought out position.
11:51 AM on 10/05/2011
Al-Awlaki is very much a product of the USA. Born and partly-raised there. However, the Americans have also done a very good job in building up his al-Qaeda profile too. For many times Americans say it, 'al-Awlaki was never the head of al-Qaeda in the Arabian Peninsula'. He was never ‘the next Bin Laden’. Sure, he was a member of the group based in Yemen, and he was a media-savvy propagandist for the group, changing from his more moderate pre 9-11 persona. But it was the Americans who have built him up into something he never was. Whilst American officials were rushing to congratulate each other over the killing of al-Awlaki, most Yemenis have never heard of him. If anything, it is only the English speakers who have heard of the ideologue, and that message coming mostly from the Western press.
In Yemen itself, however, many Yemenis see Al-Q in Arab Peninsula as a smokescreen created, or at least aided, by Saleh’s regime to garner support from the West. Fingers are already being pointed to the suspicious coincidence of al-Awlaki’s death occurring a matter of days after Pres.Saleh’s return to Yemen.
Yemeni youth movement is the West’s best hope for the fight against extremism in Yemen and the world should pay attention to that as well as the consequences of ignoring that, rather than an apparent New Mexico born super-villain, whose flock(Yemenis) have never heard of him.
Satirist1
All 4 d best in the best of all possible worlds
10:29 AM on 10/05/2011
Let it be a lesson to any American who joins Al Qaeda.
Your summons will be delivered courtesy MQ-9 Reaper. Airmail.
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HUFFPOST SUPER USER
WillieBlack
12:38 PM on 10/05/2011
John Wayne lives.
abhorson
Si Si Chiquita. There's a woman worth her ransom
08:19 AM on 10/07/2011
if only the Duke still lived ... and not 120 years old obviously cause they'd be feeding him through a tube.
Satirist1
All 4 d best in the best of all possible worlds
10:23 AM on 10/05/2011
Let's debate the legal framework for eliminating ( pun intended) the threat from self-declared enemies like Al Awlaki.
As long as CIA and special forces continue to take care of business.
abhorson
Si Si Chiquita. There's a woman worth her ransom
08:22 AM on 10/07/2011
that's all fine ... and I have always been in favor of 'taking them out' (one by one or preferably in multiples) .. BUT ....

doesn't it bother you that this guy was a US citizen?? If it was 'up-to-me' (it's not) there'd be ways to strip that 'title' from MANY but, meanwhile, he was a US citizen never convicted of anything...
02:35 AM on 10/05/2011
Van Buren is correct, but I fail to see the humor.
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Readbetweentheelevens
"You can't turn the wind, so turn the sail."
01:23 AM on 10/05/2011
The federal government as judge, jury and executione­r.

"Trust us, he was a bad dude."
"Can you prove it before you act?"
"We don't have to; Trust us we can."
"But.."
"Citizen, we need your blind faith."
"But that's not our common law tradition."
"It is now."
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HUFFPOST SUPER USER
mistercoyote
but if I agreed with you we'd both be wrong
11:19 PM on 10/04/2011
Big Deal. Times they are a changin'. Wars are no longer declared. Wars are not fought in WW I style battlefields. Our enemies do not wear uniforms. Being a traitor is still against the law--punishable by death. This guy was a traitor and an enemy combatant in a self-defined war zone. We shot him before he shot us. Enough said.
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HUFFPOST SUPER USER
Jester2069
Looking beyond Red vs. Blue
12:42 PM on 10/05/2011
More like "we shot him before he shot anyone, and without due process"

As for capital crimes, "being a traitor" is not one of them....unless you're in jolly old England. http://www.oldbaileyonline.org/static/Crimes.jsp

Might want to read your constitution once in a while.
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HUFFPOST SUPER USER
WillieBlack
05:53 PM on 10/07/2011
"jolly old England"?

There are NO crimes punishable by death in any of the British legal systems - the last execution took place in 1964, and the remaining archaic legislation was cleared from the statutes around fifteen years ago.

Toodle pip.
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HUFFPOST SUPER USER
Jeremy Perron
11:06 PM on 10/04/2011
Imagine it is 1942 and American Joe Smith has left the United States to defect and fight for Germany. He is assigned the propaganda office of Joseph Gobbles where he makes films about why he, an American, believes in Hitler’s cause. Later, he is targeted in bombing raid and killed. Problem?

No, he had voluntarily joined a nation that was at war against the United States. Al-Qaeda is an organization that the United States is at war with. If you are a member of Al-Qaeda then the United States is at war with you. However, unlike Germany, Al-Qaeda is an illegal terrorist organization not at state, therefore Al-Qaeda operatives are not soldiers entitled to the same rights that real soldiers are. They are legally speaking more like spies.
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steve11407
pending approval and won't be displayed until ...
10:53 PM on 10/04/2011
I am dumbfounded by the number of people who want to weep over the 'unjust' killing of a barbarian. He was a US citizen via the 14th Amendment born to foreign(Yemeni) parents. He left this country at age 7 for Yemen only to return for a college education. He was also a Yemeni citizen working in this country to undermine it's security until the it got too hot for him. Open you're eyes. We're playing by their rules. Kill or be killed.
HUFFPOST SUPER USER
ruolivert
10:48 AM on 10/05/2011
I'm dumbfounded by people who don't understand that if the President can kill this man then he can kill you just as easily. "playing by their rules" makes us as bad as them which, coincidentally, is what they want
09:43 PM on 10/04/2011
he was not a WHITE citizen.