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To: Bokababe
The same courts (including SCOTUS) that have already adjudicated cases arising from detentions at Guantanamo will be able to protect citizens and, very probably, other persons in regard to habeas corpus and due process of law, inter alia.

Anwar al Awlaki undoubtedly was a pig who deserved to die but even he, much less his sixteen year old son, deserved due process of law since, if he was the one I think he was, he was born in New Mexico and therefore was an American citizen. His son, as his son, was also an American citizen. Now, the son was not "murdered" unless Obozo and his footstools were aware that the son was present and endangered by his proximity to the father. Call the son's death manslaughter or negligent homicide or collateral damage. If anyone intended to kill the son, he deserved due process and obviously did not get due process. By contrast, Ronaldus Maximus ordered airstrikes against Moammar el Qaddafi (or however he spelled his infamous name) and the airstrikes caused a severe head would to the dictator and killed at least one of his daughters. Neither were American citizens and neither were entitled to due process of law. She was "collateral damage." This was payback for Lockerbie and for bombing a German nightclub where American GIs were killed. Then Connecticut US Senator Lowell P. Weicker, Jr., dining luxuriously at a swank French restaurant in DC that night, lost what little remained of his mind over Reagan's attacks on Weicker's admired foreign friend and Libyan dictator.

The Constitution trumps the statutes, the executive, the legislature, as it should be and the ACLU knows how to involve the courts in enforcing it. Since we are talking about protecting America's enemies, the ACLU will do so.

Ah, but it may be complained that no one knew that Obozo was sending forces after al Awlaki. That is unfortunate for al Awlaki but it does provide a basis for litigation seeking extraordinary remedies by way of injunction (temporary and permanent), mandamus (temporary and permanent), declaratory judgment (all to restrain future activity) and for damages for the family of the deceased. A successful motion for summary judgment in a civil action by the heirs will obviate the necessity of providing a jury trial as to liability and very possibly as to amount of damages (I am not sure on that point).

When al Awlaki was terminated, we WERE fighting them over there so that we would not have to fight them over here. It was not done constitutionally but it was done quite efficiently.

38 posted on 12/02/2011 5:15:18 PM PST by BlackElk (Dean of Discipline, Tomas de Torquemada Gentlemen's Club: Burn 'em Bright!!!)
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To: BlackElk
I do remember RR hitting Qaddafi in 1986. I'd been in Egypt (next door) months before -- and I also recall the phoney outrage over "killing his daughter", which turned out not to even be true. RR's bombing was punishment for the German disco bombing. Lockerbie didn't happen until two years later in 1988 --a friend of mine's fiance was on that plane.

I am not sure how familiar you are with the details of this Awalaki case, but the son was not hit at the same time as his father, rather two weeks later while dining with some teenage friends. There is no indication that the son or any of his friends were terrorists when they were hit by the drone strike. The son left the Yemeni capital and went into the mountains looking for his father; he left before it was all over the news and apparently didn't know that his dad was already dead.

As for Awlaki. himself, if you are a lawyer or a legal fan, this one is a real trip.

Anwar Awalaki's father had requested that the ACLU represent his son's legal interests. But once they slapped that terrorist label on Awlaki, the ACLU had to request "a license" from the Treasury Department to represent Awlaki lest they be considered "associated with terror" themselves. Treasury ultimately denied them the license, so piece of crap or not, Awlaki was allowed no legal remedy once he was put on that "kill list".

I'm no fan of scimitars -- but neither am I a fan of jackboots.

39 posted on 12/02/2011 7:40:22 PM PST by Bokababe (Save Christian Kosovo! http://www.savekosovo.org)
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