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ACLU Lens: American Citizen Anwar Al-Aulaqi Killed Without Judicial Process
ACLU ^ | Sep 30, 2011 | Suzanne Ito, ACLU

Posted on 09/30/2011 4:58:50 PM PDT by americanophile

Today in Yemen, U.S. air strikes killed American citizen Anwar Al-Aulaqi. Al-Aulaqi has never been charged with a crime. Last year, the ACLU and Center for Constitutional Rights represented Al-Aulaqi's father in a lawsuit challenging the government's asserted authority to carry out "targeted killings" of U.S. citizens located far from any armed conflict zone. We argued that such killings violate the Constitution and international law, but the case was dismissed in federal court last December.

In response to today's killing of Al-Aulaqi, ACLU Deputy Legal Director Jameel Jaffer said:

The targeted killing program violates both U.S. and international law. As we've seen today, this is a program under which American citizens far from any battlefield can be executed by their own government without judicial process, and on the basis of standards and evidence that are kept secret not just from the public but from the courts. The government's authority to use lethal force against its own citizens should be limited to circumstances in which the threat to life is concrete, specific, and imminent. It is a mistake to invest the President — any President — with the unreviewable power to kill any American whom he deems to present a threat to the country. In a hearing before a federal court last November, government lawyers argued the president should have unreviewable authority to kill Americans he has unilaterally determined to pose a threat. As National Security Project Litigation Director Ben Wizner added today: "If the Constitution means anything, it surely means that the President does not have unreviewable authority to summarily execute any American whom he concludes is an enemy of the state."

(Excerpt) Read more at aclu.org ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: 5thamendment; alaulaqi; anwaralawlaki; assination; ronpaul
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To: CynicalBear

I’m not surprised you don’t get the connection.

I’m not surprised you made the connection. It makes as little sense as anything else you posted.


121 posted on 09/30/2011 8:51:30 PM PDT by Figment ("A communist is someone who reads Marx.An anti-communist is someone who understands Marx" R Reagan)
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To: CynicalBear

go back to stormfront


122 posted on 09/30/2011 8:54:21 PM PDT by Figment ("A communist is someone who reads Marx.An anti-communist is someone who understands Marx" R Reagan)
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To: americanophile

“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.”

And the penalty for treason can be death, after two (or more) witnesses testify to the act.

Well, there were quite a few witnesses that this guy was adhering to our enemies - in fact at 9:53 this morning in Yemen pieces of him were adhering to a lot of the other jihadis’ in that convoy.

This POS sentenced himself to death.

“The Congress shall have power to declare the Punishment of Treason” Was this guy less guilty than the Rosenbergs? This is a hot war, not a cold war. If you don’t have the stomach for it, just pretend it was a tragic case of friendly fire, which you surely haven’t gotten nearly as upset about in Afgahnistan, and that our drone was only going for the foreign terrorists in the convoy.

Pretty good trolling by the way! This was fun to vent over, just the same.


123 posted on 09/30/2011 8:56:21 PM PDT by H.Akston
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To: Figment

Wow. You really have no concept of the rule of the law. You simply see an outcome you agree with and therefore call is ‘legal.’


124 posted on 09/30/2011 10:23:12 PM PDT by americanophile ("this absurd theology of an immoral Bedouin, is a rotting corpse which poisons our lives" - Ataturk)
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To: G Larry
"Do you realize that even Geraldo Rivera clearly states the same position I gave you?"

Think about that.

125 posted on 09/30/2011 10:28:15 PM PDT by americanophile ("this absurd theology of an immoral Bedouin, is a rotting corpse which poisons our lives" - Ataturk)
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To: H.Akston
This POS sentenced himself to death."

No, the president did that.

126 posted on 09/30/2011 10:30:10 PM PDT by americanophile ("this absurd theology of an immoral Bedouin, is a rotting corpse which poisons our lives" - Ataturk)
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To: CynicalBear

Nothing but attempts to justify it, never even a question about the Constitution or Due Process in a situation that at very least raises some serious questions.


127 posted on 09/30/2011 10:35:02 PM PDT by americanophile ("this absurd theology of an immoral Bedouin, is a rotting corpse which poisons our lives" - Ataturk)
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To: americanophile

Cival law has nothing to do with this. It is called war


128 posted on 09/30/2011 10:47:13 PM PDT by Figment ("A communist is someone who reads Marx.An anti-communist is someone who understands Marx" R Reagan)
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To: americanophile

I would say he was a fugitive running from the law. If a police officer makes clear that he is placing you under arrest and you run away, then he is within his legal rights to shoot you dead. Similarly, al-Aulaqi knew he was wanted by the US government for charges of terrorism, treason, etc, but he ran away to Islamic countries to hide from our justice system rather than turn himself in for trial.

You and the ACLU can walk around with lots of high ideals of how you think the world should be, but out in the real world there is a need and a duty to protect people from violent criminals. If al-Aulaki wanted justice in our court system he could have come anytime. Instead he promoted and enabled acts of violence against the U.S. and its citizens while avoiding putting himself somewhere where he could be apprehended. Out of self defense we needed to kill him.


129 posted on 09/30/2011 10:47:39 PM PDT by Flying Circus
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To: Figment

No, it’s called a secret, non-judicially reviewed, executive assassination of a U.S. citizen in an undeclared war in a non-combatant nation. The had months to review it and to write CYA Justice Department memos, they just didn’t bother to follow the Constitution.


130 posted on 09/30/2011 10:58:00 PM PDT by americanophile ("this absurd theology of an immoral Bedouin, is a rotting corpse which poisons our lives" - Ataturk)
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To: americanophile

File charges then. Your so up on what is and what isn’t legal. You do have that right.


131 posted on 09/30/2011 11:01:58 PM PDT by Figment ("A communist is someone who reads Marx.An anti-communist is someone who understands Marx" R Reagan)
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To: americanophile

Let me take a wild ass guess here. You’re a fervent supporter of Ron Paul


132 posted on 09/30/2011 11:11:08 PM PDT by Figment ("A communist is someone who reads Marx.An anti-communist is someone who understands Marx" R Reagan)
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To: Flying Circus
"I would say he was a fugitive running from the law. If a police officer makes clear that he is placing you under arrest and you run away, then he is within his legal rights to shoot you dead."

It's not analogous, and it's wrong anyway.

"Similarly, al-Aulaqi knew he was wanted by the US government for charges of terrorism, treason, etc, but he ran away to Islamic countries to hide from our justice system rather than turn himself in for trial."

Actually, he hasn't been charged with anything...that's the point! No charges, no indictment, nothing. Just secret, executive-ordered assasination.

"You and the ACLU can walk around with lots of high ideals of how you think the world should be, but out in the real world there is a need and a duty to protect people from violent criminals."

What a sad commentary on how you view the Constitution - just some high ideal that has not application to the real world. Don't look now, but you've just trashed your own rights.

"If al-Aulaki wanted justice in our court system he could have come anytime. Instead he promoted and enabled acts of violence against the U.S. and its citizens while avoiding putting himself somewhere where he could be apprehended."

Alleged. He was never charged with anything, nor were any of your allegations of criminality demonstrated."

"Out of self defense we needed to kill him."

Yes, but we didn't need to ignore the Constitution in the process.

133 posted on 09/30/2011 11:12:24 PM PDT by americanophile ("this absurd theology of an immoral Bedouin, is a rotting corpse which poisons our lives" - Ataturk)
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To: Figment
Wrong. I am however a fervent supporter of the Constitution that exists to guarantee my rights. Nice attempt at ad hominem.
134 posted on 09/30/2011 11:14:44 PM PDT by americanophile ("this absurd theology of an immoral Bedouin, is a rotting corpse which poisons our lives" - Ataturk)
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To: Figment

What?


135 posted on 09/30/2011 11:16:01 PM PDT by americanophile ("this absurd theology of an immoral Bedouin, is a rotting corpse which poisons our lives" - Ataturk)
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To: CynicalBear
You are an enemy combatant if you lead military forces against the people and government of this nation for the purpose of killing and destroying, particularly if those forces are sworn enemies of our government and our government has designated them enemies of the state to be hunted down and destroyed wherever they are found. Nor are we alone in this. Many states such as Yemen, the government responsible for the killing in question, have similarly sworn to destroy the leadership and facilities of this nefarious organization.
You miss the delicate point that citizenship rights extend only so far as citizenship is acceded to. Once a putative citizen becomes an enemy of the state and takes up arms against the state they have forsaken their rights as citizen.
Birthright citizenship does not confer absolute protection of Constitutional rights. If the individual has rejected Constitutional authority in their words and deeds and has joined an enemy sworn to the destruction of Constitutional government they are by definition an enemy combatant and are fair game for the military when charged with their destruction.
In war the niceties of law and judicial review are effectively suspended. There may be instances where trials are appropriate. Enemies on the field of battle are not among them.
136 posted on 10/01/2011 1:59:31 AM PDT by Louis Foxwell (O assumes the trappings of the presidency, not its mantle. He is not presidential.)
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To: Louis Foxwell
"Once a putative citizen becomes an enemy of the state and takes up arms against the state they have forsaken their rights as citizen....If the individual has rejected Constitutional authority in their words and deeds and has joined an enemy sworn to the destruction of Constitutional government they are by definition an enemy combatant and are fair game for the military when charged with their destruction. "

That is my understanding, thanks. .

137 posted on 10/01/2011 2:13:25 AM PDT by Dust in the Wind (U S Troops Rock)
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To: muawiyah
Simply because he successfully evaded delivery of a summons

What summons?

138 posted on 10/01/2011 3:19:08 AM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: EBH
Did I forget the /s? Gee whiz. And all these people imagined this puke would be wanted by the police somewhere ~ maybe Arlington Virginia even.

Well, never mind, he left no forwarding address anyway.

139 posted on 10/01/2011 6:06:32 AM PDT by muawiyah
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To: Louis Foxwell
>> Once a putative citizen becomes an enemy of the state and takes up arms against the state they have forsaken their rights as citizen.<<

Who declares them “enemy of the state”? Having already been called terrorists are Christians or the TEA party people soon to be called enemy of the state? The people at Waco only had weapons to protect themselves but never raised a finger against the government. The lady holding her baby in the house on Ruby Ridge never attempted to “take up arms against the state”. Claim “this is different” all you want but we are a nation of laws or we are not. Due process should mean something to those of us who claim to be conservatives and constitutionalists.

Of course I understand the threat Al Awlaki was and understand that he had to be stopped but the lack of concern on this forum with a President that can sign away the rights of a citizen (yes I know that there is doubt he was even a citizen) should concern us.

140 posted on 10/01/2011 6:37:47 AM PDT by CynicalBear
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