September 30, 2011 / by emptywheel

 

Let’s See the Evidence on Al-Awlaki

Ding dong Awlaki’s dead, says the government.

While everyone’s talking about having “got” this latest bogeyman, I just wanted to remind folks the kind of language the Administration used to explain why it could kill an American citizen with no due process.

Accordingly, although it would not be appropriate to make a comprehensive statement as to the circumstances in which he might lawfully do so, it is sufficient to note that, consistent with the AUMF, and other applicable law, including the inherent right to self-defense, the President is authorized to use necessary and appropriate force against AQAP operational leaders, in compliance with applicable domestic and international legal requirements, including the laws of war. [my emphasis]

As to the actual evidence that Anwar al-Awlaki was a terrorist? That’s a state secret.

Incidentally, last week the 9th Circuit said there should be some due process and proof of probable cause before the government acts on claims that someone or something (in this case, al-Haramain) is a terrorist. Lucky for the government they managed to kill Awlaki before anyone asked again for due process for him.

 

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Originally Posted @ https://www.emptywheel.net/2011/09/30/lets-see-the-evidence-on-al-awlaki/