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Justice memo authorized killing of Al-Awlaki
cbs ^ | 10/1/2011 | David Morgan

Posted on 10/01/2011 6:30:09 AM PDT by tobyhill

Anwar al Awlaki's rise from American-born cleric to key terror plotter had put him atop the U.S. terror "hit list." Under the code name Objective Troy, intelligence tracked Awlaki for months near his hideout in Yemen.

Early Friday, a CIA drone found its target.

The Washington Post reports that a secret Justice Department memo sanctioned the killing of Awlaki, a U.S. citizen who became an al Qaeda propagandist and operational leader.

The document followed a review by senior administration lawyers of the legal issues raised by the lethal targeting of a U.S. citizen. Administration officials told the Post that there was no dissent about the legality of the killing.

The administration has faced criticism - and a legal challenge - over its targeting of Awlaki, who was born in New Mexico to Yemeni parents. The memorandum may represent an attempt to resolve a legal debate over whether a U.S. president can order the killing of American citizens.

With regard to the killing as a counter-terrorism measure, the memo deems, in the words of one officials, "due process in war."

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


TOPICS: Extended News; News/Current Events
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1 posted on 10/01/2011 6:30:10 AM PDT by tobyhill
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To: tobyhill
Anwar al-Awlaki came to study in the US, he came on a foreign student visa. You see, even though al-Awlaki was born in Las Cruces, New Mexico, his parents were not American citizens. In fact, after his father completed his studies here, the family returned to Yemen. Anwar would not even be considered a 14th Amendment citizen, which states "All person born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Anwar's parents were never US citizens, nor did they intend to become citizens; neither did his parents have "a permanent domicile and residence in the United States,"  which is the standard according to the Supreme court decision in United States vs Wong Kim Ark.

According to the State Department, there are different rules, and, since al-Awlaki came to the US on a scholarship from Yemen, we can assume that he renounced his US citizenship, because Yemen does not recognize dual citizenship. Furthermore, his father was the Agriculture Minister in Yemen. Otherwise, why would al-Awlaki have come on a foreign student visa to study in Colorado in 1991?

2 posted on 10/01/2011 6:32:50 AM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: tobyhill
a legal debate over whether a U.S. president can order the killing of American citizens.

Wasn't David Koresh as US Citizen?

3 posted on 10/01/2011 6:37:10 AM PDT by Cowboy Bob (Greed + Envy = Liberalism)
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To: Chode

With ALL the evidence the Government had against him then get an indictment the same way they did for Bin Laden.


4 posted on 10/01/2011 6:38:40 AM PDT by tobyhill (A Democrat that doesn't lie would be a lie)
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To: tobyhill

One would think the milkshake community organizer’s own lack of legitmate citizenship would negate any authority to order the justifiable elimination of one of identical lack of citizenship.
God save the Queen.


5 posted on 10/01/2011 6:39:52 AM PDT by late bloomer ( Neglegere homo pone aulaeum. semi-retired warlord)
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To: Cowboy Bob
He was also indicted unlike Al-Awlaki. An indictment would have at least shown the American People that there was some evidence against him.
6 posted on 10/01/2011 6:41:40 AM PDT by tobyhill (A Democrat that doesn't lie would be a lie)
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To: Chode

We should have solved this before it became a problem. Don’t allow anyone from a Muslim country to come here, so they won’t have children here.


7 posted on 10/01/2011 6:42:06 AM PDT by Pining_4_TX ( The state is the great fiction by which everybody seeks to live at the expense of everybody else. ~)
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To: tobyhill

It was the killing Of an enemy warrior

The man was a traitor beyond the pervue of the law


8 posted on 10/01/2011 6:48:16 AM PDT by bert (K.E. N.P. +12 ....Rats carry plague)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Nice shootin’.

Thanks tobyhill.


9 posted on 10/01/2011 6:50:35 AM PDT by SunkenCiv (It's never a bad time to FReep this link -- https://secure.freerepublic.com/donate/)
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To: Cowboy Bob

Vicki Weaver was, and so was her son, Sam.


10 posted on 10/01/2011 6:53:17 AM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: Chode

People like Al-Awlaki and Adam Gadhan (sp) can’t be US citizens and part of bin Laden’s fatwa at the same time without having foregone their civil rights here. They’ve gone beyond the point of no return and IMHO, America’s “love” is NOT unconditional!

I think it should be safe to assume that such disgruntled foreigners have no intentions of ever renouncing their jihads.

“...keep your enemies even closer” in order to set up a better kill shot. Unfortunately, that entails our having to find and keep an eye on them in the first place.


11 posted on 10/01/2011 7:02:21 AM PDT by equaviator
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To: bert

You say he was a traitor. Then let them prove that in a court of law, as the constitution so clearly requires. If he was a citizen then he was entitled to ALL the privileges thereof, regardless how overwhelming the government says the evidence against him was.


12 posted on 10/01/2011 7:04:21 AM PDT by StonyMan451 (As for me and my household, we will serve the Lord.)
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To: tobyhill
"Indictment? We don't need no steenking indictment!" Killing a terrorist who arguably had US citizenship, without an indictment, sets a useful precedent. The Democrats consider Tea Partiers to be terrorists.

Not that Obama will target them in the same manner, at least not before the 2012 election.

13 posted on 10/01/2011 7:13:28 AM PDT by Verginius Rufus
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To: StonyMan451

So you’re saying the law shouldn’t be able to shoot vicious criminals on site like Bonnie and Clyde? And whenever we find some criminal allied with a murderous, anti-U.S. group like Al-Qaeda, we should make sure we don’t kill any U.S. citizens who might be traveling with the group, right? And how do we do that?


14 posted on 10/01/2011 7:16:58 AM PDT by driftless2
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To: tobyhill

Damnit! Democrats don’t assassinate people. That missile just contained hugs and warm wishes.


15 posted on 10/01/2011 7:27:06 AM PDT by blueunicorn6 ("A crack shot and a good dancer")
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To: driftless2
So you’re saying the law shouldn’t be able to shoot vicious criminals on site like Bonnie and Clyde? And whenever we find some criminal allied with a murderous, anti-U.S. group like Al-Qaeda, we should make sure we don’t kill any U.S. citizens who might be traveling with the group, right? And how do we do that?

First, the law can only shoot criminals when those criminals are actually shooting at law enforcement. Those who enforce the law do not conduct the executions.

Second, this was out of our country and the perpetrator was not shooting at anyone at the time.

If Obama wants to use the war angle, then there should be an official declaration of war. But, even then, they need to provide supporting evidence that this American was aiding the enemy to a judge who can objectively approve or deny the designation as an enemy combatant.

16 posted on 10/01/2011 7:35:35 AM PDT by Erik Latranyi (Cain for President - Because I Like The Content of His Character!)
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To: tobyhill

The gang squads and police depts nationwide should take a page from this administration on how to handle their undesirables. DONT indict them, DONT arrest them,AND FOR GODS SAKE, DONT WATERBOARD THEM, KILL them.IF you think they are doing wrong, TAKE THEM OUT!!


17 posted on 10/01/2011 7:35:43 AM PDT by weezel
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To: StonyMan451
Under USC 8 Sec. 1481 (2) and (3) he renounced his American citizenship by swearing loyalty to Al-Qaeda. Without American citizenship he has no Constitutional rights, and no legal recourse to American courts. He voluntarily turned himself into an enemy of the United States and a free fire zone. I hope he enjoyed it.

The point of this nonsense is to eventually make it impossible for the U.S. to make war on anyone. We know who wants that. Don't fall for it.

18 posted on 10/01/2011 7:41:23 AM PDT by Cheburashka (If life hands you lemons, government regulations will prevent you from making lemonade.)
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To: driftless2

So you’re saying that the president doesn’t have to abide by the constitution?


19 posted on 10/01/2011 7:42:25 AM PDT by StonyMan451 (As for me and my household, we will serve the Lord.)
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To: Erik Latranyi

Do you not think the the U.S. has professional hit men (snipers) who take out enemies of this country not on the battlefield?


20 posted on 10/01/2011 7:46:42 AM PDT by Coldwater Creek (He who dwells in the shelter of the Most High will rest in the shadow of the Almighty Psalm 91:)
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