Skip to main content

View Diary: The Power to Assassinate a Citizen (228 comments)

Comment Preferences

  •  A special court can be created (0+ / 0-)

    by congress.  They've done it before.  The Constitution is very vague on the court system and leaves it to congress for the most part. A jury by trial can still happen.  Happens all the time in military courts as well as evidence presented in camera.  I'm certainly not qualified to come up with the procedures.  Finally, I not sure you have to charge them with treason to get the same result. There are lots of Federal crimes that can result in the death penalty.  In other words, there can be a way found to have due process. I watched the ACLU video and I back them on their reasoning for filing the lawsuit.  But I also believe our system can find a way to deal with this.  

    I don't belong to an organized party, I'm a democrat.

    by thestructureguy on Wed Sep 29, 2010 at 11:36:00 PM PDT

    [ Parent ]

    •  Plus. I know if I was a terrorist leader I'd (1+ / 0-)
      Recommended by:
      Rich in PA

      recruit young Americans and put them in every circumstance that might be targeted and have them flipping the finger up at the drones. It's like a free pass.  

      I don't belong to an organized party, I'm a democrat.

      by thestructureguy on Wed Sep 29, 2010 at 11:41:13 PM PDT

      [ Parent ]

    •  Even accepting there are other crimes... (2+ / 0-)
      Recommended by:
      truong son traveler, SJerseyIndy

      ...which I do, I don't think that military commissions may be used to try a citizen.  That was the issue in Hamdi v. Rumsfeld--citizens charged as enemy combatants still have the right to challenge their detention in federal courts.  Justices Stevens and Scalia (there's an odd duo) went further, saying that, absent a suspension of habeas corpus, Hamdi had to be given a trial in civilian courts.

      A lot of this is still unsettled law, but I think al-Awlaki's dual citizenship--like Hamdi's dual citizenship--protects him from secret trials in secret courts, at least insofar as he has the right to challenge the process in open civilian court.  

      (IANAL)

      "Speaking for me only." -Armando

      by JR on Wed Sep 29, 2010 at 11:54:05 PM PDT

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site