Was the targeted killing of al Awalki legal?

[johnaries]

(cross-posted from GD)

In January 2010, White House lawyers considered the legality of attempting to kill al-Awlaki, given his U.S. citizenship. Reportedly, opportunities to do so "may have been missed" because of legal questions surrounding such an attack. But on February 4, 2010, New York Daily News reported that al-Awlaki was "now on a targeting list signed off on by the Obama administration".


April 6, The New York Times also reported that President Obama had authorized the targeted killing of al-Awlaki. The CIA and the U.S. military both maintain lists of terrorists linked to al-Qaeda and its affiliates who are approved for capture or killing. Because he is a U.S. citizen, his inclusion on those lists was approved by the National Security Council. U.S. officials said it is extremely rare, if not unprecedented, for an American to be approved for targeted killing. The New York Times reported that international law allows the use of lethal force against people who pose an imminent threat to a country, and U.S. officials said that was the standard used in adding names to the target list. In addition, Congress approved the use of military force against al-Qaeda after 9/11. People on the target list are considered military enemies of the U.S., and therefore not subject to a ban on political assassinations approved by former President Gerald Ford.

http://en.wikipedia.org/wiki/Anwar_al-Awlaki

So, in a word, yes.

[Harmony Blue]

1. Actually in a court of law

the administration would lose.

[LAGC]

2. delete

nm.

[johnaries]

5. It was actually taken to a court of law. His father sued. The Admin won.

[Vinnie From Indy]

7. Do you have nay idea of what the decision was in that case?

I think not! The fact is that the Obama justice department filed a motion to dismiss before the case was examined based on the states secrets provision ofthe law. the judge never even considered any evidence after ruling on that motion.

[johnaries]

11. Yes I do and obviously you don't, because that's wrong.

The case was brought by his father and the case was dismissed because it was ruled that the parents can't bring a case on behalf of an offspring after that offspring has reached maturity. It had nothing to do with the states secrets provision.

[Tesha]

15. That was an artful dodge by the court; had they decided the case on its merits, the result...

...might well have been different.

Tesha

[Phx_Dem]

3. Yes.

[joshcryer]

4. I'm not convinced that it was illegal, but that doesn't make it moral.

Targeted killing is immoral.

Some laws can be immoral, such as the drug laws that exist.

[johnaries]

6. You don't believe in self-defense?

[Vinnie From Indy]

8. So you are advocating killing any person on the planet that utters any words

advocating violence against the US? Is that right?

[johnaries]

12. No, he was actively recruiting others to kill Americans and was

actively plotting attacks. There's a big difference.

[joshcryer]

10. Yes, I believe in self-defense, absolutely.

I do not believe targeted killing is self-defense.

[RetroLounge]

9. It matters not

If Obama does it, It's swell.

RL

[ClarkUSA]

13. Following the rule of law "matters not"

When Obama does so, it's still an OUTRAGE!!!!!!

[Life Long Dem]

14. It's better Obama does it than a terrorist.

That's swell with me.

[LiberalFighter]

16. Was the attempted killing of Hitler legal?

[COLGATE4]

17. Did we give up when the Germans bombed Pearl Harbor?

[LiberalFighter]

18. What?

[Hippo_Tron]

23. Forget it, he's rolling

[Lions_fan]

21. haha

:P s/n Our local paper wrote that after the Lions comeback win against the Vikings and people wrote to the editor complaining the writer had it wrong and it was Japan who bombed Pear Harbor

[Exilednight]

19. apples and oranges. Hitler was the head of a military state and was never a US citizen. n/t

[secondwind]

20. Rules are different when you are at war. This was a U.S. citizen who turned traitor.

[Exilednight]

22. What country are we at war with? We, also, declared a war on drugs, should we shoot every person

smoking weed?

[Hippo_Tron]

24. Congress didn't authorize the same powers with regards to the war on drugs...

The 2001 AUMF is truly a bit terrifying if you actually read it. Of course, most of congress didn't bother.