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Can U.S. legally kill a citizen overseas without due process?
NBC News ^ | September 3,.2011 | Pete Williams

Posted on 09/30/2011 6:48:51 PM PDT by chuckee

Sources to NBC News are reporting Samir Khan, editor of Inspire Magazine, is another American citizen that was killed in the air strike in Yemen, along with Anwar al-Awlaki. NBC's Bob Windrem reports.

By Pete Williams, NBC News justice correspondent

Is it legal for the federal government to kill a U.S. citizen overseas, someone who has never been charged or convicted of a crime? Civil liberties groups are condemning the killing of Anwar al-Awlaki, but many legal scholars say it is justified.

No U.S. court has ever weighed in on the question, because judges consider these sorts of issues exclusively matters for the president.

Anwar al-Awlaki's father, Nasser, with the help of the ACLU, sued President Barack Obama, Defense Secretary Robert Gates and CIA Director Leon Panetta a year ago, when it became clear that the U.S. was targeting the younger al-Awlaki. But U.S. District Judge John Bates threw the case out, ruling that federal courts were in no position to evaluate whether someone was a terrorist whose activities threatened national security and against whom the use of deadly force could be justified...

(Excerpt) Read more at openchannel.msnbc.msn.com ...


TOPICS: Business/Economy; Chit/Chat; Military/Veterans; Miscellaneous
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It was the CIA/Pentagon complex' idea to target al-Awaki with a laser guided bomb.I can see where Eric Holder might object and where the Pentagon agreed to paste his Miranda warnings to the ordinance to shut Holder up.
1 posted on 09/30/2011 6:48:53 PM PDT by chuckee
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To: chuckee

I believe we just proved we can.


2 posted on 09/30/2011 6:50:20 PM PDT by keat
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To: keat

Let’s ask the “victim”. LOL


3 posted on 09/30/2011 6:51:10 PM PDT by cripplecreek (A vote for Amnesty is a vote for a permanent Democrat majority. ..Choose well.)
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To: keat

Can we? Yes.

May we? I guess its ok, but it sure makes me feel uneasy.


4 posted on 09/30/2011 6:51:41 PM PDT by Vermont Lt (I just don't like anything about the President. And I don't think he's a nice guy.)
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To: chuckee

Just send a cop over, they don’t need due process.


5 posted on 09/30/2011 6:51:56 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: chuckee

OH boo hoo


6 posted on 09/30/2011 6:52:26 PM PDT by shield ((Rev 2:9 Woe unto those who say they are Judahites and are not, but are of the syna GOG ue of Satan.)
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To: chuckee

The short answer is... No. It is illegal for the federal government of the United States to kill a citizen without trial and conviction.


7 posted on 09/30/2011 6:52:45 PM PDT by ColdSteelTalon (Light is fading to shadow, and casting its shroud over all we have known...)
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To: chuckee
Simple answer, yes. He was a traitor and clearly had given up citizenship when he joined Al Qaeda. I think for him the way he died was too merciful.
8 posted on 09/30/2011 6:52:55 PM PDT by Patrick1 ("The problem with Internet quotations is that many are not genuine." - Abraham Lincoln)
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To: chuckee

Yes we can.


9 posted on 09/30/2011 6:53:03 PM PDT by trumandogz
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To: chuckee

I think your question has been answered in a most delightful way. Calling this thing an American is a insult to logic.


10 posted on 09/30/2011 6:53:03 PM PDT by TwoSwords (Has anyone seen my suspension of disbelief pills?)
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To: chuckee

I could see one point in all this, they should have stripped his citizenship....what I don’t know is if he would have to be present because he was born in the US.

I feel that we should be stripping 100s of citizenships a week from people for violations of law and treason.


11 posted on 09/30/2011 6:54:00 PM PDT by dila813
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To: Vermont Lt

:) A first grade nun’s voice popped into my head with her can vs may argument after reading the headline. The empirical evidence suggests we ‘can.’


12 posted on 09/30/2011 6:54:16 PM PDT by posterchild
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To: chuckee

Is the man legally dead?

I rest my case.


13 posted on 09/30/2011 6:55:04 PM PDT by dangerdoc (see post #6)
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To: chuckee

Makes me think of the Civil War. Where was the ACLU back then?


14 posted on 09/30/2011 6:56:17 PM PDT by petitfour
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To: chuckee
He's not a citizen, under action of USC 8, Sec. 1481.

As a member of Al-Qaeda he took a loyalty oath to that organization, which holds itself to be at war with the U.S. Under (2) and (3) he had renounced his American citizenship rights and had no Constitutional rights. Poof. He made himself into a free fire zone. I hope he enjoyed it.

http://www.law.cornell.edu/uscode/8/1481.html

15 posted on 09/30/2011 6:58:32 PM PDT by Cheburashka (If life hands you lemons, government regulations will prevent you from making lemonade.)
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To: ColdSteelTalon

Tell it to the thousands dead in civil war cemeteries all over the eastern United States. As far as I know there wasn’t any attempt to arrest and prosecute rebels. They were simply shot and killed. Were they not?


16 posted on 09/30/2011 6:58:47 PM PDT by John Valentine
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To: Vermont Lt

Really? Ron Paul is a effing moron. I don’t care who is POTUS killing the enemy is a good thing.


17 posted on 09/30/2011 6:59:17 PM PDT by KSCITYBOY
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To: dila813

See post #15. He stripped himself of U.S. citizenship by his own actions.


18 posted on 09/30/2011 7:00:21 PM PDT by Cheburashka (If life hands you lemons, government regulations will prevent you from making lemonade.)
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To: ColdSteelTalon

“The short answer is... No. It is illegal for the federal government of the United States to kill a citizen without trial and conviction.”

I heard Krauthammer today cite the legal argument on the other side that we killed plenty of citizens during the civil war because the union never recognized the confederacy, still considered confederates US citizens who were “insurgents”.


19 posted on 09/30/2011 7:00:39 PM PDT by chuckee
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To: chuckee

As long as you don’t elect him as president first... it’s ok.


20 posted on 09/30/2011 7:01:25 PM PDT by Safrguns
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