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Killing an American
09/30/2011 7:07 pm

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U.S. Strike Kills American Al-Qaida Cleric In Yemen

by The Associated Press


In a significant new blow to al-Qaida, U.S. airstrikes in the mountains of Yemen on Friday killed Anwar al-Awlaki, an American militant cleric who became a prominent figure in the terror network's most dangerous branch, using his fluent English and Internet savvy to draw recruits for attacks in the United States.

The strike was the biggest U.S. success in hitting al-Qaida's leadership figures since the May killing of Osama bin Laden in Pakistan. But it raises questions that other strikes did not: Al-Awlaki was an American citizen who has not been charged with any crime. Civil liberties groups have questioned the government's authority to kill an American without trial.

The 40-year-old al-Awlaki was for years an influential mouthpiece for al-Qaida's ideology of holy war, with his English-language sermons urging attacks on the United States widely circulated among militants in the West.

But U.S. officials say he moved into a direct operational role in organizing such attacks as he hid alongside al-Qaida militants in the rugged mountains of Yemen. Most notably, they believe he was involved in recruiting and preparing a young Nigerian who on Christmas Day 2009 tried to blow up a U.S. airliner heading to Detroit, failing only because he botched the detonation of explosives sewn into his underpants.

Washington has called al-Qaida in the Arabian Peninsula, as the branch in Yemen is called, the most direct threat to the United States after it plotted that attack and a foiled attempt to mail explosives to synagogues in Chicago.

In July, U.S. Defense Secretary Leon Panetta said al-Awlaki was a priority target alongside Ayman al-Zawahri, bin Laden's successor as the terror network's leader. The Yemeni-American had been in the U.S. crosshairs since his killing was approved by President Barack Obama in April 2010 making him the first American placed on the CIA "kill or capture" list. At least twice, airstrikes were called in on locations in Yemen where al-Awlaki was suspected of being, but he wasn't harmed.

A U.S. counterterrorism official said American forces targeted a convoy in which al-Awlaki was travelling with a drone and jet attack and believe he's been killed. The official was not authorized to speak publicly and spoke on condition of anonymity.

The Yemeni government announced that al-Awlaki was "targeted and killed" around 9:55 a.m outside the town of Khashef in mountainous Jawf province, 87 miles east of the capital Sanaa. It gave no further details.

Local tribal and security officials said al-Awlaki was travelling in a two-car convoy with two other al-Qaida in Yemen operatives from al-Jawf to neighboring Marib province when they were hit by an airstrike. They said the other two operatives were also believed dead. They spoke on condition of anonymity because they were not authorized to talk to the press.

Al-Awlaki, born in New Mexico to Yemeni parents, began as a mosque preacher as he conducted his university studies in the United States, and he was not seen by his congregations as radical. While preaching in San Diego, he came to know two of the men who would eventually become suicide-hijackers in the Sept. 11, 2001, attacks on the World Trade Center and the Pentagon. The FBI questioned al-Awlaki at the time but found no cause to detain him.

In 2004, al-Awlaki returned to Yemen, and in the years that followed, his English-language sermons distributed on the Internet increasingly turned to denunciations of the United States and calls for jihad, or holy war. The sermons turned up in the possession of a number of militants in the U.S. and Europe arrested for plotting attacks.

Al-Awlaki exchanged up to 20 emails with U.S. Maj. Nidal Malik Hasan, alleged killer of 13 people in the Nov. 5, 2009, rampage at Fort Hood. Hasan initiated the contacts, drawn by al-Awlaki's Internet sermons, and approached him for religious advice.

Al-Awlaki has said he didn't tell Hasan to carry out the shootings, but he later praised Hasan as a "hero" on his Web site for killing American soldiers who would be heading for Afghanistan or Iraq to fight Muslims.

In New York, the Pakistani-American man who pleaded guilty to the May 2010 Times Square car bombing attempt told interrogators he was "inspired" by al-Awlaki after making contact over the Internet.

After the Fort Hood attack, al-Awlaki moved from Yemen's capital, Sanaa, into the mountains where his Awalik tribe is based and it appears grew to build direct ties with al-Qaida in the Arabian Peninsula, if he had not developed them already. The branch is led by a Yemeni militant named Nasser al-Wahishi.

Yemeni officials have said al-Awlaki had contacts with Umar Farouk Abdulmutallab, the accused would-be Christmas plane bomber, who was in Yemen in 2009. They say the believe al-Awlaki met with the 23-year-old Nigerian, along with other al-Qaida leaders, in al-Qaida strongholds in the country in the weeks before the failed bombing.

Al-Awlaki has said Abdulmutallab was his "student" but said he never told him to carry out the airline attack.

The cleric is also believed to have been an important middleman between al-Qaida militants and the multiple tribes that dominate large parts of Yemen, particular in the mountains of Jawf, Marib and Shabwa province where the terror group's fighters are believed to be holed up.

Last month, al-Awlaki was seen attending a funeral of a senior tribal chief in Shabwa, witnesses said, adding that security officials were also among those attending. Other witnesess said al-Awlaki was involved in negotiations with a local tribe in Yemen's Mudiya region, which was preventing al-Qaida fighters from travelling from their strongholds to the southern city of Zinjibar, which was taken over recently by Islamic militants. The witnesses spoke on condition of anonumity for fear of reprisals and their accounts could not be independently confirmed.

Yemen, the Arab world's most impoverished nation, has become a haven for hundreds of al-Qaida militants. The country has also been torn by political turmoil as President Saleh struggles to stay in power in the face of seven months of protests. In recent months, Islamic militants linked to al-Qaida have exploited the chaos to seize control of several cities in Yemen's south, including Zinjibar.

A previous attack against al-Awlaki on May 5, shortly after the May raid that killed Osama bin Laden, was carried out by a combination of U.S. drones and jets.

The operation was run by the U.S. military's elite counterterrorism unit, the Joint Special Operations Command the same unit that got bin Laden. JSOC has worked closely with Yemeni counterterrorism forces for years, in the fight against al-Qaida.

Top U.S. counterterrorism adviser John Brennan says such cooperation with Yemen has improved since the political unrest there. Brennan said the Yemenis have been more willing to share information about the location of al-Qaida targets, as a way to fight the Yemeni branch challenging them for power. Other U.S. officials say the Yemenis have also allowed the U.S. to fly more armed drone and aircraft missions over its territory than ever previously, trying to use U.S. military power to stay in power. The officials spoke on condition of anonymity to discuss matters of intelligence.


Ron Paul Condemns Al-Awlaki's Killing
by Eyder Peralta
NPR News

http://www.npr.org/blogs/thetwo-way/2011/09/30/140950953/ron-paul-condemns-al-awlakis-killing
Visit url for video and images.

GOP presidential candidate Ron Paul had some tough words for President Obama over what he said was the assassination of Anwar al-Awlaki.

"I don't think that's a good way to deal with our problems," Paul told reporters. "Al-Awlaki was born here; he is an American citizen. He was never tried or charged for any crimes. No one knows if he killed anybody. We know he might have been associated with the underwear bomber. But if the American people accept this blindly and casually that we now have an accepted practice of the president assassinating people who he thinks are bad guys, I think it's sad.

"I think what would people have said about Timothy McVeigh? We didn't assassinate him, who we were pretty certain that he had done it. Went and put through the courts then executed him. To start assassinating American citizens without charges, we should think very seriously about this."

Paul, a Republican from Texas who is considered a libertarian, has also leveled criticism over the raid that killed Osama bin Laden in Pakistan. Paul, however, said the president could order the assassination of bin Laden, because Congress passed a resolution authorizing the president to go after individuals involved with the Sept. 11 attacks.

No one has ever claimed al-Awlaki was associated with Sept. 11, he said adding that the government has never been clear what his crimes were.

This question has been batting around since the United States approved his killing, last year. As The New York Times reported at the time, the killing of an American citizen is "extremely rare, if not unprecedented."

The Times also explained the administration's rationale as far as the legality of the killing:

As a general principle, international law permits the use of lethal force against individuals and groups that pose an imminent threat to a country, and officials said that was the standard used in adding names to the list of targets. In addition, Congress approved the use of military force against Al Qaeda after the Sept. 11, 2001, terrorist attacks. People on the target list are considered to be military enemies of the United States and therefore not subject to the ban on political assassination first approved by President Gerald R. Ford.

Both the C.I.A. and the military maintain lists of terrorists linked to Al Qaeda and its affiliates who are approved for capture or killing, former officials said. But because Mr. Awlaki is an American, his inclusion on those lists had to be approved by the National Security Council, the officials said.



Back in August of 2010, Al-Awlaki's father, Nasser, along with the American Civil Liberties Union filed a suit against the Obama administration that challenged Al-Awlaki's placement on the U.S. terrorist hitlist.

This ABC News story from the time explains one complication in the case was that after al-Awlaki was placed on the Treasury Department's Office of Foreign Asset Control's terrorist list it becomes illegal for anyone to represent them legally.

The government also asked a federal judge to dismiss the lawsuit because the "case would reveal state secrets," as The Washington Post reported at the time.

In December the case was dismissed. U.S. District Judge John Bates decided there were issues with whether Awlaki's father could bring the suit before the court. The Christian Science Monitor reported Bates ruled mostly on something called the "political question doctrine, which requires judges to step aside in issues that are best resolved by the elected, political branches of government."

Here's a bit from the judge's decision:

"The court recognizes the somewhat unsettling nature of its conclusion – that there are circumstances in which the Executive's unilateral decision to kill a US citizen overseas is constitutionally committed to the political branches and judicially unreviewable," Bates wrote in his 83-page decision. "But this case squarely presents such a circumstance."

He added that the political question doctrine "does not contain any 'carve-out' cases involving the constitutional rights of US citizens."



Do you guys think it is legally OR morally permissible for the government to use lethal force to take out an American citizen who appears to play an important role in supporting plots against the US but who hasn't been formally charged or found guilty or any crimes?
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09/30/2011 7:09 pm

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I vote that it is morally permissible because a) it is demonstrable that this man had ties to several plots/attacks against the United States, b) if allowed to remain free/alive would continue to play a role in encouraging people to plot/attack the United States, and c) because it was not feasible to arrest him and have him stand trial before a trial of his peers.
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09/30/2011 7:26 pm

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Agreed.  

Wow!  i had no idea we had gotten Anwar al-Awlaki!!!  We've been after that guy for a long time!  =)

I see little difference between killing this guy and killing Bonnie and Clyde.  Bonnie and Clyde were so dangerous that it wasnt really feasible to try to legally arrest them.  Pumping their auto full of hot lead was probably the best and safer way to stop their reign of terror.

Dropping a missile on this American Al Quaida dudes head was probably the best way to get him too.
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10/02/2011 4:06 am

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Originally Posted by Bryant Platt:

Do you guys think it is legally OR morally permissible for the government to use lethal force to take out an American citizen who appears to play an important role in supporting plots against the US but who hasn't been formally charged or found guilty or any crimes?



Well, my take on this is that it's a case of double standards. No-one has any problem taking out "foreign" terrorists without a qualm of conscience, but as soon as it's "one of your own", then people start talking about "morality" and "legality". A terrorist is a terrorist, if you don't need evidence to take out some saudi/pakistani/afghan with a predator drone strike, why does it suddenly become different when it's a US citizen?
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10/04/2011 3:22 am

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It shouldnt.  As far as I'm concerned, most criminals (robbery, even murder) should be given their Miranda rights if caught here in the States and tried by jury.

But terrorism and acts of war are something else entirely.  Imo, terror suspects should be tried by military tribunal even if caught here...even if American citizens.  I think its a different category that is best handled by the military.

That is, unless the criminal is found molesting, kidnapping or killing a child, in which case they should be shot on sight.  
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10/04/2011 3:26 am

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But seriously, what is the difference between using whatever means we could to stop Anwar al-Awlaki, and using whatever means necessary to stop Bonnie & Clyde?  If they wont give up peacefully, what choice is there?  Anwar al-Awlaki knew the FBI wanted him and he had years to turn himself in...as did Bonnie and Clyde.

I'm also reminded of the great Northfield Minnesota raid, where the James / Younger gang got shot up by the entire townspeople.  No trial by jury there either.

I think John Dillinger was shot down in the street as well.

We have killed a whole lot of bad guys in America without trial.  Lol!
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10/04/2011 12:12 pm

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this is all just part of obama kill rather than capture policies. it's just not as messy as having to house them in gitmo which he supposedly wants to shut down. i dunno.
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10/09/2011 11:34 am

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Originally Posted by Bryant Platt:
I vote that it is morally permissible because a) it is demonstrable that this man had ties to several plots/attacks against the United States, b) if allowed to remain free/alive would continue to play a role in encouraging people to plot/attack the United States, and c) because it was not feasible to arrest him and have him stand trial before a trial of his peers.



I woulda posted my own stuff, but this says it to a tee.
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