Anwar al-Awlaki and the Constitution
Anwar al-Awlaki
I have been called unrealistic and “a little nuts” for suggesting that Anwar al-Awlaki, a U.S. citizen, should have been charged and convicted before he was assassinated on September 30, 2011, in a U.S. drone attack in Yemen. It’s hardly an unrealistic position, considering that Awlaki has been on the CIA’s hit list since April 2010. That’s 17 months the Obama Administration had to assemble and present evidence to a court in order to charge and convict Awlaki.
In any case, I would like to hear from people. Which of these four points do you disagree with, and why?
1. The Administration, in the months leading up to Awlaki’s assassination, in light of the visible evidence against Awlaki, should have received a warrant or similar order from a federal court after submitting evidence against Awlaki.
2. This new precedent of it being legally acceptable for U.S. Presidents to assassinate U.S. citizens is a danger to the general American citizenry and the Constitution itself.
3. The Obama Administration, in light of the concerns provided by some of the American public, civil liberties organizations, and members of Congress, should submit its compiled evidence against Awlaki to a federal court/judge.
4. Although contrary to the individual protection of due process guaranteed under the Constitution, assassinations of U.S. citizens carried out by the President are, at the absolute minimum, to be illegal without evidence first being submitted and approved by a federal judge/court.
I am amazed how quickly people defend the assassination of an unconvicted human being, provided a President calls him a bad guy. It is truly sickening. Don’t get me wrong, Awlaki likely deserved his fate; I am not disputing this.
The majority of Americans are happy Awlaki’s dead and don’t think for a second that maybe there’s something wrong with how this justice was served. The death of Awlaki was no doubt a popular event appreciated by most Americans. However, the Constitution and the individual rights it protects is not subject to a popularity contest.
What do you say? Is this just an annoying and uneducated attempt to uphold the Constitution? Should the President have the legal authority to assassinate U.S. citizens when deemed necessary for “national security,” even without any legal charge or conviction?
“What would Constitutional Law professor Barack Obama think of this?”
[...] Tell that to Anwar al-Alwaki. [...]
Disagree. He was a war combatant. He was in a war zone. He was associating with known terrorists in a war zone. He is now a Yemeni citizen having forfeited hus U.S. citizenship when he became a Yemeni citizen, Americans can not have dual citizenship. He may have been born a U.S. citizen but he forfeited that as a Yemeni. Al Qaeda is an enemy of the U.S. having declared war against us. This was not a civil crime, it was a function of his association with enemies. Guilt by association. Let that be a warning to others.
he was a terrrorist activley assisting towards the harm of other americans. he was a ligit target. to the incorrect information above U.S. Citizens can and many do have dual citizenships.
He gave up his US Citizenship when joining an organization at war with the US. He was not a US Citizen. End of debate.
you guys are unbeleivable. WHERE IS THE EVIDENCE OF A CRIME???????????
killing a citizen without PROCESS is ILLEGAL. what happened to extradition?
Wait untill they start assasinating WHITE AMERICANS on American soil for crimes that are SECRET.
checks and balances in our govt are GONE. This country is an embarrassment and stands for the OPPOSITE of freedom. if our leaders will not follow the laws, than how can we?
[...] American citizen, after being placed on a CIA hit list, was assassinated by the federal government without any legal procedure before or after the assassination. So much [...]
[...] http://davidkretzmann.com/2011/10/anwar-al-awlaki-and-the-constitution/ [...]
[...] http://davidkretzmann.com/2011/10/anwar-al-awlaki-and-the-constitution/ [...]
[...] was the son of Anwar al-Awlaki. Anwar al-Awlaki, of course, was the U.S. citizen suspected (but never prosecuted) of working with Al Qaeda; Awlaki was assassinated by the U.S. on September 30, 2011. In the days [...]
[...] is sickening how quickly people jump to Obama’s defense after he assassinated three American citizens in Yemen in the past month, even a 16 year old born in Denver, Colorado. I [...]
[...] was the son of Anwar al-Awlaki. Anwar al-Awlaki, of course, was the U.S. citizen suspected (but never prosecuted) of working with Al Qaeda; Awlaki was assassinated by the U.S. on September 30, [...]
I agree he was a bad man, but, if we do not uphold the rule of law, if we do not follow due process, then the terrorist truly have won, because none of us are now truly free.A 16 yr old boy and his friend who go in search of his father…that does not sound like an Enemy combatant, no matter how justified his fathers death maybe.Or the hundreds of innocent civilian’s killed in these strikes…there only crime, being in the wrong place at the wrong time.Either way we will never know the justifications for these killings, if a killing can ever truly be justified.
The real question is: who won? Who’s really pulling the strings? The sad fact is, the terrorists have really been on the winning path for some time now. Why? Because how much more appealing is a country that authorizes virtually indiscriminately strikes with bombs (yes, missiles are bombs with all the shrapnel and gory detail) with little regard for the fact that other people could be in there? My question is: why not at least kill him with a Sniper shot? At least that would specifically kill him, and chances of collateral damage would be low. I mean, seriously, should this take much of a brain to figure out?
Then there is the whole due process part. It’s been almost eleven years since these “Emergency Powers” were granted via the Patriot Act. Where’s the condition to simply ease up? Where’s the point where Obama can just release the secret evidence and details that Al-Awlaki and his teenage son were really guilty? And just let it be reviewed? Either way, the need for emergency suspension has been dragging on for years, and frankly, it sounds pretty old, we aren’t having these 9/11 events happening every year, everyone knows such people are dead, and let’s just release the information for history’s sake, if anything else. Either way, Obama’s whole process of saying not to ever question his so-called “infallibility” at finding people guilty, or infallible expertise on what should offend Islam, is highly suspect to me, this unconditional trust is disturbing, especially in someone holding such office as the president.
In conclusion, however, it’s also a problem when you have a populace who could care less about real potential rights violations as opposed to what the next episode of a popular tv show or the cool new Xbox 360 game is.
[...] more about Anwar Al-awlaki’s case here. “Our position needs to be reiterated, and needs to be very clear. The fact that the U.S. has [...]
[...] David Kretzmann I have been called unrealistic and “a little nuts” for suggesting that Anwar al-Awlaki, a U.S. citizen, should have been charged and convicted before he was assassinated on September 30, 2011, in a U.S. drone attack in Yemen. It’s hardly an unrealistic position, considering that Awlaki has been on the CIA’s hit list since April 2010. That’s 17 months the Obama Administration had to assemble and present evidence to a court in order to charge and convict Awlaki. [...]
[...] was the son of Anwar al-Awlaki. Anwar al-Awlaki, of course, was the U.S. citizen suspected (but never prosecuted) of working with Al Qaeda; Awlaki was assassinated by the U.S. on September 30, [...]
Judging from the comments I’d say we are already over the cliff. Sadly Awlaki is not the first precedent. There was Waco, Ruby Ridge, Ron Brown and the list goes onand on. This republic is in serious jeopardy. The citizenry has been reduced to a bunch of giggly air-heads. Start writing the epitaph for sweet LIBERTY.
[...] Why no one can (or should) ignore the assassinations of Abdulrahman and his father, Anwar Al-awlaki: [...]
[...] his time in the Senate and on the campaign trail. Indeed, Obama authorized the assassinations of Anwar Al-awlaki and Abdulrahman Al-awlaki, both U.S. citizens, without presenting any evidence before or after [...]
I really like what you guys are up too. This type of clever work and coverage!
Keep up the good works guys I’ve you guys to blogroll.