Confirmed: Obama authorizes assassination of U.S. citizen

WaveCameCrashinWaveCameCrashin Posts: 2,929
edited October 2011 in A Moving Train
Confirmed: Obama authorizes assassination of U.S. citizen


http://politics.salon.com/2010/04/07/as ... singleton/


In late January, I wrote about the Obama administration’s “presidential assassination program,” whereby American citizens are targeted for killings far away from any battlefield, based exclusively on unchecked accusations by the Executive Branch that they’re involved in Terrorism.  At the time, The Washington Post‘s Dana Priest had noted deep in a long article that Obama had continued Bush’s policy (which Bush never actually implemented) of having the Joint Chiefs of Staff compile “hit lists” of Americans, and Priest suggested that the American-born Islamic cleric Anwar al-Awlaki was on that list.  The following week, Obama’s Director of National Intelligence, Adm. Dennis Blair, acknowledged in Congressional testimony that the administration reserves the “right” to carry out such assassinations.

Today, both The New York Times and The Washington Post confirm that the Obama White House has now expressly authorized the CIA to kill al-Alwaki no matter where he is found, no matter his distance from a battlefield.  I wrote at length about the extreme dangers and lawlessness of allowing the Executive Branch the power to murder U.S. citizens far away from a battlefield (i.e., while they’re sleeping, at home, with their children, etc.) and with no due process of any kind.  I won’t repeat those arguments — they’re here and here — but I do want to highlight how unbelievably Orwellian and tyrannical this is in light of these new articles today.

Just consider how the NYT reports on Obama’s assassination order and how it is justified:

The Obama administration has taken the extraordinary step of authorizing the targeted killing of an American citizen, the radical Muslim cleric Anwar al-Awlaki, who is believed to have shifted from encouraging attacks on the United States to directly participating in them, intelligence and counterterrorism officials said Tuesday. . . .

American counterterrorism officials say Mr. Awlaki is an operative of Al Qaeda in the Arabian Peninsula, the affiliate of the terror network in Yemen and Saudi Arabia. They say they believe that he has become a recruiter for the terrorist network, feeding prospects into plots aimed at the United States and at Americans abroad, the officials said.

It is extremely rare, if not unprecedented, for an American to be approved for targeted killing, officials said.  A former senior legal official in the administration of George W. Bush said he did not know of any American who was approved for targeted killing under the former president. . . .

“The danger Awlaki poses to this country is no longer confined to words,” said an American official, who like other current and former officials interviewed for this article spoke of the classified counterterrorism measures on the condition of anonymity. “He’s gotten involved in plots.”

No due process is accorded.  No charges or trials are necessary.  No evidence is offered, nor any opportunity for him to deny these accusations (which he has done vehemently through his family).  None of that.  

Instead, in Barack Obama’s America, the way guilt is determined for American citizens — and a death penalty imposed — is that the President, like the King he thinks he is, secretly decrees someone’s guilt as a Terrorist.  He then dispatches his aides to run to America’s newspapers — cowardly hiding behind the shield of anonymity which they’re granted — to proclaim that the Guilty One shall be killed on sight because the Leader has decreed him to be a Terrorist.  It is simply asserted that Awlaki has converted from a cleric who expresses anti-American views and advocates attacks on American military targets (advocacy which happens to be Constitutionally protected) to Actual Terrorist ”involved in plots.”  These newspapers then print this Executive Verdict with no questioning, no opposition, no investigation, no refutation as to its truth.  And the punishment is thus decreed:  this American citizen will now be murdered by the CIA because Barack Obama has ordered that it be done.  What kind of person could possibly justify this or think that this is a legitimate government power?

Just to get a sense for how extreme this behavior is, consider — as the NYT reported — that not even George Bush targeted American citizens for this type of extra-judicial killing (though a 2002 drone attack in Yemen did result in the death of an American citizen).  Even more strikingly, Antonin Scalia, in the 2004 case of Hamdi v. Rumsfeld, wrote an Opinion (joined by Justice Stevens) arguing that it was unconstitutional for the U.S. Government merely to imprison (let alone kill) American citizens as “enemy combatants”; instead, they argued, the Constitution required that Americans be charged with crimes (such as treason) and be given a trial before being punished.  The full Hamdi Court held that at least some due process was required before Americans could be imprisoned as “enemy combatants.”  Yet now, Barack Obama is claiming the right not merely to imprison, but to assassinate far from any battlefield, American citizens with no due process of any kind.  Even GOP Congressman Pete Hoekstra, when questioning Adm. Blair, recognized the severe dangers raised by this asserted power.

And what about all the progressives who screamed for years about the Bush administration’s tyrannical treatment of Jose Padilla?  Bush merely imprisoned Padilla for years without a trial.  If that’s a vicious, tyrannical assault on the Constitution — and it was — what should they be saying about the Nobel Peace Prize winner’s assassination of American citizens without any due process?

All of this underscores the principal point made in this excellent new article by Eli Lake, who compellingly and comprehensively documents what readers here well know:  that while Obama’s “speeches and some of his administration’s policy rollouts have emphasized a break from the Bush era,” the reality is that the administration has retained and, in some cases, built upon the core Bush/Cheney approach to civil liberties and Terrorism.  As Al Gore asked in his superb 2006 speech protesting Bush’s ”War on the Constitution”:

Can it be true that any president really has such powers under our Constitution?

If the answer is yes, then under the theory by which these acts are committed, are there any acts that can on their face be prohibited?

If the president has the inherent authority to eavesdrop on American citizens without a warrant, imprison American citizens on his own declaration, kidnap and torture, then what can’t he do?

Notice the power that was missing from Gore’s indictment of Bush radicalism:  the power to kill American citizens.  Add that to the litany — as Obama has now done — and consider how much more compelling Gore’s accusatory questions become.

 

UPDATE:  When Obama was seeking the Democratic nomination, the Constitutional Law Scholar answered a questionnaire about executive power distributed by The Boston Globe‘s Charlie Savage, and this was one of his answers:

5. Does the Constitution permit a president to detain US citizens without charges as unlawful enemy combatants?

[Obama]:  No. I reject the Bush Administration’s claim that the President has plenary authority under the Constitution to detain U.S. citizens without charges as unlawful enemy combatants.

So back then, Obama said the President lacks the power merely to detain U.S. citizens without charges.  Now, as President, he claims the power to assassinate them without charges.  Could even his hardest-core loyalists try to reconcile that with a straight face?  As Spencer Ackerman documents today, not even John Yoo claimed that the President possessed the power Obama is claiming here.

 

UPDATE II:  If you’re going to go into the comment section — or anywhere else — and argue that this is all justified because Awlaki is an Evil, Violent, Murdering Terrorist Trying to Kill Americans, you should say how you know that.  Generally, guilt is determined by having a trial where the evidence is presented and the accused has an opportunity to defend himself — not by putting blind authoritarian faith in the unchecked accusations of government leaders, even if it happens to be Barack Obama.  That’s especially true given how many times accusations of Terrorism by the U.S. Government have proven to be false.

 

UPDATE III:  Congratulations, Barack Obama:  you’re now to the Right of National Review on issues of executive power and due process, as Kevin Williamson objects:  ”Surely there has to be some operational constraint on the executive when it comes to the killing of U.S. citizens. . . . Odious as Awlaki is, this seems to me to be setting an awful and reckless precedent. “  But Andy McCarthy — who is about the most crazed Far Right extremist on such matters as it gets, literally — is as pleased as can be with what Obama is doing (or, as Gawker puts it, “Obama Does Something Bloodthirsty Enough to Please the Psychos”).

 
Post edited by Unknown User on

Comments

  • mickeyratmickeyrat Posts: 40,262
    Is it known whether this guy was still an american citizen? Or had he renounced his citizenship once his move was made to Yemen?


    Not that my opinion means much , but I would think someone so against the west and the US in particular wouldn't wish to remain a citizen.
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  • BinauralJamBinauralJam Posts: 14,158
    It's a free for all and always has been. That's why Bush got away with so much.
  • Great JOB!!!!!! Keep gettin em!
    Theres no time like the present

    A man that stands for nothing....will fall for anything!

    All people need to do more on every level!
  • usamamasan1usamamasan1 Posts: 4,695
    :clap:
    Killed a fucking terrorist. Again. Nice work Obama.
  • gimmesometruth27gimmesometruth27 St. Fuckin Louis Posts: 23,303
    start the investigation!
    "You can tell the greatness of a man by what makes him angry."  - Lincoln

    "Well, you tell him that I don't talk to suckas."
  • aerialaerial Posts: 2,319
    Why would anyone be against killing a terrorist?
    “We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.” Abraham Lincoln
  • gimmesometruth27gimmesometruth27 St. Fuckin Louis Posts: 23,303
    aerial wrote:
    Why would anyone be against killing a terrorist?
    an american citizen has a right to due process under the constitution.

    people amaze me sometimes. they use the constitution as an excuse to bash the president and make up a bunch of bullshit about him wanting to take away the 2nd ammendment, yet when the 5th ammendment is blatantly violated they are all for it or have no problem with it...

    can we have some consistency when you all apply the constitution please????
    "You can tell the greatness of a man by what makes him angry."  - Lincoln

    "Well, you tell him that I don't talk to suckas."
  • Bennyorr4Bennyorr4 Posts: 307
    aerial wrote:
    Why would anyone be against killing a terrorist?
    an american citizen has a right to due process under the constitution.

    people amaze me sometimes. they use the constitution as an excuse to bash the president and make up a bunch of bullshit about him wanting to take away the 2nd ammendment, yet when the 5th ammendment is blatantly violated they are all for it or have no problem with it...

    can we have some consistency when you all apply the constitution please????

    Pretty sure the terrorist didnt care about your constitution when he planned and possibly participated the killing of your American countrymen and women, so I say good ridance. Got another one, well done! :lol:
  • IdrisIdris Posts: 2,317
    aerial wrote:
    Why would anyone be against killing a terrorist?
    an american citizen has a right to due process under the constitution.

    people amaze me sometimes. they use the constitution as an excuse to bash the president and make up a bunch of bullshit about him wanting to take away the 2nd ammendment, yet when the 5th ammendment is blatantly violated they are all for it or have no problem with it...

    can we have some consistency when you all apply the constitution please????

    America is a country of laws, but only when it's in the Empires favor.

    People should be on the streets, protesting..But I'm sure that will happen once fuel jumps sky high and/or when McDonalds stops making the BigMac,

    Yea that's right, I said it.
  • gimmesometruth27gimmesometruth27 St. Fuckin Louis Posts: 23,303
    Bennyorr4 wrote:
    aerial wrote:
    Why would anyone be against killing a terrorist?
    an american citizen has a right to due process under the constitution.

    people amaze me sometimes. they use the constitution as an excuse to bash the president and make up a bunch of bullshit about him wanting to take away the 2nd ammendment, yet when the 5th ammendment is blatantly violated they are all for it or have no problem with it...

    can we have some consistency when you all apply the constitution please????

    Pretty sure the terrorist didnt care about your constitution when he planned and possibly participated the killing of your American countrymen and women, so I say good ridance. Got another one, well done! :lol:
    so you are fine with the government killing it's own people without due process? didn't hitler, stalin, hussein, et al, do that? are we no better than those people? and if you think we are better than those 3 right now, how so?
    "You can tell the greatness of a man by what makes him angry."  - Lincoln

    "Well, you tell him that I don't talk to suckas."
  • JOEJOEJOEJOEJOEJOE Posts: 10,619
    Perhaps this will help the people who think the fella was a U.S. Citizen:


    Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:

    obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
    taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);
    entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
    accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
    formally renouncing U.S. citizenship before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);
    formally renouncing U.S. citizenship within the U.S. (but only under strict, narrow statutory conditions) (Sec. 349 (a) (6) INA);
    conviction for an act of treason (Sec. 349 (a) (7) INA).
  • Bennyorr4Bennyorr4 Posts: 307
    JOEJOEJOE wrote:
    Perhaps this will help the people who think the fella was a U.S. Citizen:


    Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:

    obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
    taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);
    entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
    accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
    formally renouncing U.S. citizenship before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);
    formally renouncing U.S. citizenship within the U.S. (but only under strict, narrow statutory conditions) (Sec. 349 (a) (6) INA);
    conviction for an act of treason (Sec. 349 (a) (7) INA).


    Yeah, what he said. I especially like the treason Sec. And I know he wasn't "convicted" for it, but it is what it is.
  • kenny olavkenny olav Posts: 3,319
    The reality is, very few people will care if this was illegal or not. Just like few very people care about why terrorism exists in the first place.
  • Bennyorr4Bennyorr4 Posts: 307
    kenny olav wrote:
    The reality is, very few people will care if this was illegal or not. Just like few very people care about why terrorism exists in the first place.


    The differance is that the "individual" (for lack of the words I really want to say but figure are inappropriate to some) in question didnt just disagree with the powers that be, he acted on his disagreements with hate for the west by killing innocent North Americans and others. Hitler and alike, killed people they hated because of race and/or religion. Or BC they just didn't follow them. Just Bc this guy happened to be born in the states doesn't necessarily make him American, If you choose to kill you should expect to be killed, constiutionally or not. But terrorists do not deserve a trial in my opinion. I know this perpetuates hate but i'm not sure what the alternative could be. Any Ideas?, maybe you can change my mind, I am open minded enough to listen.
  • kenny olav wrote:
    The reality is, very few people will care if this was illegal or not. Just like few very people care about why terrorism exists in the first place.

    whether or not he "formally" renounced his citizenship, through his acts and motives he was no longer a U.S. citizen and was therefore not subject to due process considerations.
    Rock me Jesus, roll me Lord...
    Wash me in the blood of Rock & Roll
  • mca47mca47 Posts: 13,298
    I have absolutely no problem with him taking out these terrorists.
  • :clap:
    Killed a fucking terrorist. Again. Nice work Obama.

    Nice work Obama? DUDE get it straight.....he did nothing!
    The technology was built before him! The skilled soldiers and military used in any operation are way above Obamas pay grade! Obama was bad mouthing our military efforts as a senator when the drones were being deployed! Got it?
    Theres no time like the present

    A man that stands for nothing....will fall for anything!

    All people need to do more on every level!
  • Where were these government assassins when the white-collar terrorists on Wall Street tried to take down the American economy in 2008?

    Seriously; due process is what defines a civilized nation. The idea that a government has the authority to kill its citizens without a trial is an unsettling thought. More unsettling is the number of individuals who support these actions simply because a person has been labeled a terrorist. When you don't take your freedom seriously you'll lose it in the blink of an eye.
  • brianluxbrianlux Moving through All Kinds of Terrain. Posts: 42,433
    Wouldn't it make sense if due process were followed out in such situations in order to erase any doubts? But does this country really support due process across the board?
    Idris wrote:
    America is a country of laws, but only when it's in the Empires favor.

    People should be on the streets, protesting..But I'm sure that will happen once fuel jumps sky high and/or when McDonalds stops making the BigMac,

    Yea that's right, I said it.

    I totally agree, Idris.
    "Pretty cookies, heart squares all around, yeah!"
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  • puremagicpuremagic Posts: 1,907

    an american citizen has a right to due process under the constitution.

    people amaze me sometimes. they use the constitution as an excuse to bash the president and make up a bunch of bullshit about him wanting to take away the 2nd ammendment, yet when the 5th ammendment is blatantly violated they are all for it or have no problem with it...

    can we have some consistency when you all apply the constitution please????


    Gimme, you and I usually agree on most things, including this, however, you should have did a little more research before you let your emotions take over.

    We have killed US citizens who act as agents for foreign entities with the purpose of harming American interest throughout our history of wars. We called them traitors, spies, foreign agents, double agents, now we call them terrorists. President Obama had every legal right to go after Anwar al-Awlaki using military assistance.

    Patriot Act along with FISA allows the President to use military assistance in tracking down terrorists. What gives him this right, to use these Acts to protect the US from foreign or domestic threats, his title as Commander-In-Chief!!!

    Yet, with all that power at his disposal, he allowed a lawsuit, that questioned his authority under these laws and as Commander-in-Chief to move forward in the U.S. court system. In 2010 Anwar’s father sued President Obama and Gates to have his son’s name removed from the ‘kill list’. The U.S. court ruled in favor of the US. http://www.csmonitor.com/USA/Justice/20 ... -kill-list

    Now, I don’t wholly agree with all that power being placed in any one office, but we allowed these laws to be passed; so when faced with a choice of knowing where a terrorist who has repeatedly called for, implemented and financed acts against US persons and property; then allowing him to walk away because of his dual citizenship or eliminating the threat all together is probably a call that should be on the shoulders of the President. I don’t envy anyone having to make that call.
    SIN EATERS--We take the moral excrement we find in this equation and we bury it down deep inside of us so that the rest of our case can stay pure. That is the job. We are morally indefensible and absolutely necessary.
  • CosmoCosmo Posts: 12,225
    Confirmed: Obama authorizes assassination of U.S. citizen
     
    ...
    Wait... are you happy or pissed off that President Obama green lighted taking this guy out?
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