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What are the Obama rules for killing American Citizens
vanity

Posted on 10/01/2011 2:06:09 PM PDT by airedale

The American government at the direction of the President targeted and killed an American citizen who was an unlawful combatant and a terrorist. This was a good thing in this case, but it also opened the barn door for the President deciding to kill an American citizen acting as prosecutor, judge, jury and in effect executioner without any judicial review or due process (especially interesting considering the President and his administrations instance on treating other terrorists as common criminals and giving them full due process and civilian trials== until that blew up and the Congress told them they couldn't bring them in to the US from Gitmo for a civilian trial)

Without rules and the force of the Constitution and law this power that Obama has used is open to all kinds of abuse as time goes on. Consider what the administration, Democratic members of Congress and the media have called members of the Tea Party: Terrorists, UN-American, Hostage Takers, Racists, Fascist and lots of other things. They have accused the Tea Party of violence and other illegal activities (all untrue). The same applies to people like Rush Limbaugh. What's to stop Obama from taking action against them? It might not be actually killing them rather interning them like Woodrow Wilson and FDR did. For you Democrats who read this remember you won't always hold the Presidency and the Republican who holds the office will now have apparently unlimited power to kill American citizens without due process.

The Obama administration has refused to give it's legal reasoning and justification on how this action complies with US law and the US Constitution. It's also notable that the MSM that would be screaming if a George Bush had done this and they'd even become more incensed if he refused to release the legal justification for the actions, but this is a Democrat and a god to the MSM so they'll blindly accept it.


TOPICS: News/Current Events; Your Opinion/Questions
KEYWORDS: alawlaki; assassination; obama; vanity
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To: matt1234

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.


61 posted on 10/01/2011 4:14:11 PM PDT by airedale
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To: muddler
My opinion. If you turn your back on your own country and plan to do it harm, you do it at your own risk.
62 posted on 10/01/2011 4:14:55 PM PDT by ANGGAPO (Layte Gulf Beach Club)
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To: ANGGAPO

Ditto !


63 posted on 10/01/2011 4:15:55 PM PDT by Mears
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To: airedale
we can assume that he renounced his US citizenship, because Yemen does not recognize dual citizenship.
64 posted on 10/01/2011 4:17:00 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: NoControllingLegalAuthority
Well said.
65 posted on 10/01/2011 4:17:48 PM PDT by ANGGAPO (Layte Gulf Beach Club)
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To: DonaldC
Agreed.

Don't hang out with the enemy and you won't be targeted.

66 posted on 10/01/2011 5:14:42 PM PDT by fortheDeclaration (When the wicked beareth rule, the people mourn (Pr.29:2))
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To: airedale

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.


67 posted on 10/01/2011 5:37:39 PM PDT by RaceBannon (Ron Paul is to the Constitution what Fred Phelps is to the Bible.)
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To: CynicalBear

“Nuts!”


68 posted on 10/01/2011 5:48:48 PM PDT by FlingWingFlyer (If you always tell the truth, you won't have to remember what you said.)
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To: Eye of Unk

Same rules as killing 3000+ Americans on 9/11. It was ‘’ constitutional’’ don’t ya know.


69 posted on 10/01/2011 6:00:12 PM PDT by Waco (Nominate Palin or forget 2012 you lost)
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To: Chode

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.


70 posted on 10/01/2011 6:21:31 PM PDT by airedale
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To: RaceBannon

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.


71 posted on 10/01/2011 6:31:05 PM PDT by airedale
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To: BwanaNdege
What is all the fuss about killing Al-Awlaki?

The fuss is by the same crazies who where mad the CIA/NSI was listening to phone calls to U.S. "citizens" whose phone numbers were found on the cell phones and computers of terrorists taken from combat zones or raids on safe houses in this country or other locations.

If their phone #'s are on those devices I HOPE no DEMAND that they are listened to! c
72 posted on 10/01/2011 7:09:54 PM PDT by JSteff ((((It was ALL about SCOTUS. Most forget about that and HAVE DOOMED us for a generation or more.))))
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To: BwanaNdege
What is all the fuss about killing Al-Awlaki?

The fuss is by the same crazies who where mad the CIA/NSI was listening to phone calls to U.S. "citizens" whose phone numbers were found on the cell phones and computers of terrorists taken from combat zones or raids on safe houses in this country or other locations.

If their phone #'s are on those devices I HOPE no DEMAND that they are listened to! c
73 posted on 10/01/2011 7:10:36 PM PDT by JSteff ((((It was ALL about SCOTUS. Most forget about that and HAVE DOOMED us for a generation or more.))))
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To: airedale

There are no rules. Omarxist executes any american he wants any where and any time.

Like Hitler’s nationalist socialist policies.


74 posted on 10/01/2011 7:46:48 PM PDT by FlyingEagle
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To: airedale

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.


75 posted on 10/01/2011 7:53:20 PM PDT by maine-iac7 (ALWAYS WATCH THE OTHER HAND)
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To: Venturer
Probably the only thing OPbama has done right since he was elected.

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.

76 posted on 10/01/2011 8:18:37 PM PDT by maine-iac7 (ALWAYS WATCH THE OTHER HAND)
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To: maine-iac7

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.


77 posted on 10/01/2011 10:30:33 PM PDT by airedale
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To: FlyingEagle

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.


78 posted on 10/01/2011 10:33:33 PM PDT by airedale
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To: FlyingEagle

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.


79 posted on 10/01/2011 10:33:54 PM PDT by airedale
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To: airedale

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!


80 posted on 10/02/2011 12:14:42 AM PDT by RaceBannon (Ron Paul is to the Constitution what Fred Phelps is to the Bible.)
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