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View Diary: Targeted Killing: "A Unique and Extraordinary Case" (222 comments)

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  •  This is not "armed conflict" (36+ / 0-)

    This is targetted assasination well away from any battlefield. This is not a guy holding a gun confronting US soldiers. This is a US citizen who's been deemed a terrorist by the government based on "intelligence," and therefore condemned to extrajudicial capital punishment. This is not the way the US government is "supposed" to do things.  

    -5.12, -5.23

    We are men of action; lies do not become us.

    by ER Doc on Tue Dec 07, 2010 at 03:14:46 PM PST

    [ Parent ]

    •  That's not accurate. (2+ / 0-)
      Recommended by:
      Geekesque, VClib

      The case at hand involves drone strikes in lawless regions of Yemen.  The attacks on Al Awlaki are every bit as justified as the attacks on any other terrorist leader targeted in Pakistan or Yemen.  Now, whether those attacks are in accordance with international law and standards is a very debatable proposition, but it really is a "political question" meaning a question to be worked out among world leaders, rather than a legal quesion for the Supreme Court.

      "Hope 2010 feels a lot different than Hope 2008. Tougher, deeper, more dearly bought." Femlaw, Hope 2010, September 8, 2010.

      by seanwright on Tue Dec 07, 2010 at 03:25:51 PM PST

      [ Parent ]

      •  Which world leaders should work this out? (8+ / 0-)

            I'm pretty sure that targetted assassination would be voted down, if anyone dared to bring it to the United Nations Security Council, or any other group presuming to follow the rule of law. Given that it really is the Congress's responsibilty to declare war. there is a clear question of whether we're deferring way the hell too much to the President's role as Commander-in-Chief as to how the war should be conducted.
            Given that, as I understand it,  extrajudicial assassination is in violation of several treaties having the full force of law in the US, it seems perfectly appropriate for the courts to consider whether the President is exceeding his legal authority. If the Predator drone strikes in Yemen are legal, how about in Mexico? How about "shoot-on-sight" authority for known drug kingpins on the streets of American cities?

        -5.12, -5.23

        We are men of action; lies do not become us.

        by ER Doc on Tue Dec 07, 2010 at 04:17:24 PM PST

        [ Parent ]

      •  It's not just drone attacks (3+ / 0-)
        Recommended by:
        neroden, Akire, ER Doc

        He's on a capture or kill list; how he's killed is irrelevant.  The legal attack is about the fact that a US citizen is on a targeted assassination list in the first place.

        This isn't a political question; this is a due process, and therefore a constitutional, question.    Main question is, or at least should be, is the procedure that he has received through the executive branch sufficient to meet due process requirements?  Since he has not been given any opportunity to see any of the evidence against him, the answer should be no.

    •  Yeah, no attacks on American troops (1+ / 0-)
      Recommended by:
      seanwright

      anywhere near Yemen . . .

      "[R]ather high-minded, if not a bit self-referential"--The Washington Post.

      by Geekesque on Tue Dec 07, 2010 at 05:34:59 PM PST

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      •  Ordinarily, "rules of engagement" (3+ / 0-)
        Recommended by:
        neroden, Akire, mochajava13

        in a war zone refer to actual "engagements;" e.g. what to do when fired upon from a warehouse, or from a private dwelling, or from a mosque, etc. It's a stretch to say "engagement" includes intelligence of variable accuracy that a supposed Al Qaeda leder is staying in a particular house for the night. Given the dubious legal status of such attacks, together with the blowback we receive from the inevitable "collateral damage" when we attack the occasional wedding party instead of an Al Qaeda leader, it's past time for an impartial review of the appropriateness of such actions.

        -5.12, -5.23

        We are men of action; lies do not become us.

        by ER Doc on Tue Dec 07, 2010 at 06:14:25 PM PST

        [ Parent ]

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