General Discussion
In reply to the discussion: David Sirota: Obama is George Zimmerman. Trayvon Martin is Al-Awlaki. [View all]msanthrope
(37,549 posts)that non-citizens are not. Persons who are enemy combatants have the same rights, whether or not they are citizens. This is not Imperial Rome, where only 'citizens' have the benefit of the laws. So what if they are citizens. Are the lives of non-citizens not as valuable?
Second, once war is declared, an enemy combatant (citizen or not) may be killed wherever they are engaged in conflict. Anywhere, if they are not custodial. Hamdi and its progeny have repeatedly confirmed the right of the President to act under the AUMF of 9/18/2001, using his discretion.
Third, citizen or not, you can be named an enemy combatant. Awlaki was. So was Bin Laden. Because neither submitted to custody, they both could be killed under the same AUMF.
Fourth, read the AUMF---if the President decides that a drone strike, or a raid in Pakistan is how you deal with persons under the AUMF, he's got the power to do so.
If Congress didn't want this...they can always seek to revoke the AUMF.
Awlaki, as a non-custodial combatant, had no right to trial. It does not matter if he was a citizen. He got the drone strike he deserved.