Secret U.S. Memo Made Legal Case to Kill a Citizen

[alp227]

Source: NY Times

WASHINGTON — The Obama administration’s secret legal memorandum that opened the door to the killing of Anwar al-Awlaki, the American-born radical Muslim cleric hiding in Yemen, found that it would be lawful only if it were not feasible to take him alive, according to people who have read the document.

The memo, written last year, followed months of extensive interagency deliberations and offers a glimpse into the legal debate that led to one of the most significant decisions made by President Obama — to move ahead with the killing of an American citizen without a trial.

The secret document provided the justification for acting despite an executive order banning assassinations, a federal law against murder, protections in the Bill of Rights and various strictures of the international laws of war, according to people familiar with the analysis. The memo, however, was narrowly drawn to the specifics of Mr. Awlaki’s case and did not establish a broad new legal doctrine to permit the targeted killing of any Americans deemed to pose a terrorist threat.

The Obama administration has refused to acknowledge or discuss its role in the drone strike that killed Mr. Awlaki last month and that technically remains a covert operation. The government has also resisted growing calls that it provide a detailed public explanation of why officials deemed it lawful to kill an American citizen, setting a precedent that scholars, rights activists and others say has raised concerns about the rule of law and civil liberties.

Read more: http://www.nytimes.com/2011/10/09/world/middleeast/secret-us-memo-made-legal-case-to-kill-a-citizen.html?pagewanted=all

[Name removed]

1. Deleted message

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[alp227]

2. during 2012? Awwwwwwkward.

And then have Joe Biden running against Perry or Romney? Scary unless Biden can pull off a Johnson 1964.

[Name removed]

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[tama]

21. And

He took a fucking OATH! OATH!!! You know, to uphold the Constitution... and all you seem to say is it doesn't matter, as long as it's "Better Party side" that gets next elected to break the oath, brake the constitution, brake the law, murder citizens and non-citizens, persecute tokers worse than ever before and generally fuck us every way imaginable. Enough.

[alp227]

25. Would the Tea Party-run House want to impeach the president over this?

This is ONE thing that they'd support Obama on! Otherwise it's just obstruction and pleas for compromise in order to do Mitch McConnell's bidding: Obama to be a one term president.

[tama]

26. Which Tea Party?

Koch Tea Party? It *Cough* seems that Koch is facing "impeachment" of his own treasonous acts... :D
Ron Paul Tea Party? They (at least) say that they are for the Constitution, against the "war" and support the OWS 99% movement.

Things in the rEvolution front are getting pretty wild and interesting and unpredictable - in a good way! - so who can say what may happen?

[alp227]

27. Ron Paul only,

the Ron Paul brand of libertarianism hasn't really caught on among House Republicans.

[tama]

29. Understood

Would be interesting to see what would follow if Ron Paul called for impeachment.

PS: I have asked the administration if it is really against DU rules to discuss impeachment of President to settle the "Legal case" of OP in constitutional manner.

[bertman]

28. It's 'break', tama. But I'm with you on this. Totally with you.

[tama]

30. Heh

I spelled it correctly one out of three. If I can count as well as spell.

[defendandprotect]

3. Is Gonzalez back?

No wonder Obama saw no reason to impeach W !!!

[scentopine]

33. LOL! -nt

[SoapBox]

4. ...guess it wasn't much of a double-dog-dare-you-secret memo.

[mrmpa]

5. Let me be the devil's advocate here, if I may.................

In World War II, American citizens wore the German uniform and fought against the US and its allies. I do not think that any American or Allied soldier gave thought to taking these American citizens into custody and putting them on trial. These Americans by choice or by the lot they were given were at war with the US and knew the possible outcome of their donning the German uniform.

Anwar al-Awlaki chose to be at war with the US and knew the possible outcome of this war.

[former9thward]

8. What uniform was al-Awlaki wearing?

What country has declared war against the U.S.? How will this 'war' ever end? Will everyone who hates or dislikes the U.S. have to die? Why not? Who will sign the surrender treaty?

[Vinnie From Indy]

12. What battlefield was al-Alawki on fighting American soldiers?

The WWII comparison is a fail.

[GeorgeGist]

16. Failure to think ...

is not a rationale for approving inaction; Condaleeza Rice not withstanding.

In case I'm being too subtle, let me quote you: 'I do not think that any American or Allied soldier gave thought ...'

[tama]

31. Good job

as devil's advocate. :)

[Kahuna]

6. ...Not feasible to take him alive. That is the key point. Should the USA

allow him to run amok, inciting terrorism just because they could not place him under arrest? I don't think so. I think they did the right thing.

[Vincardog]

10. That is not what the constitution says. It is not right just because BO is supposed to be on our sid

[Nostradammit]

11. Should the U.S. government be allowed to decide it can wax its citizens without a trial?

There's something in the constitution about that, if I recall correctly.

[COLGATE4]

18. Obama could have had the Yemenis capture him, with a huge

bounty on his head like the rest. And then, as a U.S. citizen extradite him. But all that would have required the troublesome legalities of presenting evidence, getting an indictment, etc. etc. Much quicker and easier (for the gov't) to just frag him. Very troubling.

[pocoloco]

24. The Constitution just a God Damned Piece of paper

to you too?


What the fuck is going on here???

bushbot trolls invading???

[ixion]

7. and the neocon agenda rolls on

[democrank]

9. Absolutely chilling.

[Vinnie From Indy]

13. The word "feasible" is pretty frickin' broad and general

We did not have jail space, so it was much more feasible to bomb the shit of them.
Pick a reason for something not to be feasible and let the killing commence.

[rucky]

20. It usually means "convenient"

[GeorgeGist]

15. " ... the identity of the loser is perfectly clear.

It is the Nation's confidence in the judge as an impartial guardian of the rule of law."

On edit: Obama is the judge.

[asjr]

17. Mr. Awlaki was committing treason.

[tama]

22. Obama committed treason nt

[Cali_Democrat]

23. "Awlaki was committing treason"

Allegedly.

Of course that was never proven in the court of law.

[TacticalPeek]

19. Double secret probation.

That's where they get you.

[Name removed]

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[The Northerner]

34. K&R n/t