Due Process: for noncitizens but not for citizens?

[Valerie]

From what I see here, that court ruling sets enough presidence to possibly allow for this to be constitutionally legal.

If there was enough evidence to show he may have been a serious and effective threat to other US Citizens, his death is judged as necessary unless capture is possible without further risk of those who would capture him.

That court ruling does not even come close to making this legal. Alwaki was not being pursued by police when he was hit with those missiles, nor was he armed, or an immediate threat to anyone.

He was being pursued by the police in Yemen as well as the US military. You are not privy to whether or not he was armed or imminently dangerous to the US.




Anwar al-Awlaki, radical Muslim cleric, wanted 'dead or alive' in Yemen after judge's order

Judge Mohsen Allwan ordered police to find al-Awlaki after the American-born cleric failed to appear at his trial for his role in killing a Frenchman.

The country was under pressure to crack down on its Al Qaeda offshoot, Al Qaeda in the Arabian Peninsula, since the group took responsibility Friday for a failed attempt to send bombs to U.S. addresses.

One of the most prominent English-language radical clerics, al-Awlaki was born in New Mexico to Yemeni parents and has given sermons advocating jihad.
Anwar al-Awlaki, radical Muslim cleric, wanted 'dead or alive' in Yemen after judge's order

 

[Amelia]

Yemen took time to try him.

The United States couldn't be bothered.

 

[geauxtohell]

Self confessed terrorist leader. Jake Tapper is a twit LOL!

But you were against waterboarding? And now you're for killing US citizens? How does that work.....

Killing people on the battlefield is neither cruel or unusual.

 

[Quantum Windbag]

From what I see here, that court ruling sets enough presidence to possibly allow for this to be constitutionally legal.

If there was enough evidence to show he may have been a serious and effective threat to other US Citizens, his death is judged as necessary unless capture is possible without further risk of those who would capture him.

That court ruling does not even come close to making this legal. Alwaki was not being pursued by police when he was hit with those missiles, nor was he armed, or an immediate threat to anyone.

He was being pursued by the police in Yemen as well as the US military. You are not privy to whether or not he was armed or imminently dangerous to the US.




Anwar al-Awlaki, radical Muslim cleric, wanted 'dead or alive' in Yemen after judge's order

Judge Mohsen Allwan ordered police to find al-Awlaki after the American-born cleric failed to appear at his trial for his role in killing a Frenchman.

The country was under pressure to crack down on its Al Qaeda offshoot, Al Qaeda in the Arabian Peninsula, since the group took responsibility Friday for a failed attempt to send bombs to U.S. addresses.

One of the most prominent English-language radical clerics, al-Awlaki was born in New Mexico to Yemeni parents and has given sermons advocating jihad.
Anwar al-Awlaki, radical Muslim cleric, wanted 'dead or alive' in Yemen after judge's order

Obama issued a kill order without getting an indictment or a conviction. You guys can make up all the excuses you want and try to rationalize the circumstances where a man that was on the other side of the world was in immediate danger, or that Alwaki was somehow going to kill someone in the middle of a desert with no one around.

By the way, Yemen kills people who want democracy, pointing to someone getting a death warrant there to justify the US killing them just makes you look desperate.

 

[Quantum Windbag]

Self confessed terrorist leader. Jake Tapper is a twit LOL!

But you were against waterboarding? And now you're for killing US citizens? How does that work.....

Killing people on the battlefield is neither cruel or unusual.

He wasn't on a battlefield.

 

[geauxtohell]

But you were against waterboarding? And now you're for killing US citizens? How does that work.....

Killing people on the battlefield is neither cruel or unusual.

He wasn't on a battlefield.

The hell he wasn't.

 

[Valerie]

That court ruling does not even come close to making this legal. Alwaki was not being pursued by police when he was hit with those missiles, nor was he armed, or an immediate threat to anyone.

He was being pursued by the police in Yemen as well as the US military. You are not privy to whether or not he was armed or imminently dangerous to the US.




Anwar al-Awlaki, radical Muslim cleric, wanted 'dead or alive' in Yemen after judge's order

Judge Mohsen Allwan ordered police to find al-Awlaki after the American-born cleric failed to appear at his trial for his role in killing a Frenchman.

The country was under pressure to crack down on its Al Qaeda offshoot, Al Qaeda in the Arabian Peninsula, since the group took responsibility Friday for a failed attempt to send bombs to U.S. addresses.

One of the most prominent English-language radical clerics, al-Awlaki was born in New Mexico to Yemeni parents and has given sermons advocating jihad.
Anwar al-Awlaki, radical Muslim cleric, wanted 'dead or alive' in Yemen after judge's order

Obama issued a kill order without getting an indictment or a conviction. You guys can make up all the excuses you want and try to rationalize the circumstances where a man that was on the other side of the world was in immediate danger, or that Alwaki was somehow going to kill someone in the middle of a desert with no one around.

By the way, Yemen kills people who want democracy, pointing to someone getting a death warrant there to justify the US killing them just makes you look desperate.

Yeah I am so desperate for you to show me where due process is defined in the constitution...

 

[Xchel]

he wasn't on a battlefield he was driving down the road in his car.

 

[Amelia]

From what I read in that article I posted a little earlier today (in a couple of the other threads on this subject) it sounds like once they put him on the "kill or capture" list they really really really really wanted/needed the "kill" part of the directive to be the one which happened.

Because if they captured him they were going to have a hard time justifying having put him on the kill list. Sounds like they didn't have much they could charge him with. Nothing to justify a death penalty.

 

[C_Clayton_Jones]

he wasn't on a battlefield he was driving down the road in his car.

That’s the problem: the entire World is the ‘battlefield,’ according to this and the previous administration.

 

[Jackson]

You are right, the whole world is a battlefield when it comes to terrorism. It can be a street with a car full of explosives. I consider the planning of a terrorist plot the same as lighting the dynamite.

 

[Quantum Windbag]

He was being pursued by the police in Yemen as well as the US military. You are not privy to whether or not he was armed or imminently dangerous to the US.




Anwar al-Awlaki, radical Muslim cleric, wanted 'dead or alive' in Yemen after judge's order

Judge Mohsen Allwan ordered police to find al-Awlaki after the American-born cleric failed to appear at his trial for his role in killing a Frenchman.

The country was under pressure to crack down on its Al Qaeda offshoot, Al Qaeda in the Arabian Peninsula, since the group took responsibility Friday for a failed attempt to send bombs to U.S. addresses.

One of the most prominent English-language radical clerics, al-Awlaki was born in New Mexico to Yemeni parents and has given sermons advocating jihad.
Anwar al-Awlaki, radical Muslim cleric, wanted 'dead or alive' in Yemen after judge's order

Obama issued a kill order without getting an indictment or a conviction. You guys can make up all the excuses you want and try to rationalize the circumstances where a man that was on the other side of the world was in immediate danger, or that Alwaki was somehow going to kill someone in the middle of a desert with no one around.

By the way, Yemen kills people who want democracy, pointing to someone getting a death warrant there to justify the US killing them just makes you look desperate.

Yeah I am so desperate for you to show me where due process is defined in the constitution...

The entire constitution defines due process.

 

[Quantum Windbag]

You are right, the whole world is a battlefield when it comes to terrorism. It can be a street with a car full of explosives. I consider the planning of a terrorist plot the same as lighting the dynamite.

I consider saying stupid stuff like that the equivalent as lighting the fuse on the dynamite, does that give the government the power to kill you?

 

[bripat9643]

Killing people on the battlefield is neither cruel or unusual.

He wasn't on a battlefield.

The hell he wasn't.

When did we go to war in Yemen? What qualifies any square yard of Earth as a "battlefield" other than the fact that the U.S. government decides to kill you there?

 

[Xchel]

http://law.shu.edu/publications/guantanamoReports/meaning_of_battlefield_final_121007.pdf

 

[Valerie]

He wasn't on a battlefield.

The hell he wasn't.

When did we go to war in Yemen? What qualifies any square yard of Earth as a "battlefield" other than the fact that the U.S. government decides to kill you there?

We have every right to seek and destroy those who engage in terror against us.



Al Qaeda in Yemen has taken a hit with the loss of US-born al Qaeda preacher Anwar al-Awlaki, but the leaders left behind are equally committed to attacking the U.S. mainland, and far more skilled than al-Awlaki, according to a new report by a top Army counterterrorism center.

"Removing these leaders from the battlefield ... would rapidly bring about the group's defeat," according to the study, which took a year of fieldwork inside Yemen, well before the strike that killed al-Awlaki and fellow U.S.-born propagandist Samir Khan. The strike by CIA drones occurred Friday with Yemeni permission, in concert with U.S. military counterterrorist forces.

Report: Al Qaeda in Yemen still a large threat - CBS News

 

[Ravi]

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

The military is exempt from due process during time of war or public danger.

Anyway, due process doesn't apply in this case as he was never held to answer for a crime.

 

[Valerie]

Joint Resolution

To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.

Whereas, on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and

Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and

Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and

Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and

Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This joint resolution may be cited as the `Authorization for Use of Military Force'.

SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

(b) War Powers Resolution Requirements-

(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes any requirement of the War Powers Resolution.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

http://news.findlaw.com/wsj/docs/terrorism/sjres23.enr.html

 

[freedombecki]

Joint Resolution

To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.

Whereas, on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and

Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and

Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and

Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and

Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This joint resolution may be cited as the `Authorization for Use of Military Force'.

SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

(b) War Powers Resolution Requirements-

(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes any requirement of the War Powers Resolution.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

http://news.findlaw.com/wsj/docs/terrorism/sjres23.enr.html

Thanks, Valerie. Any person who decides to declare war on the USA and goes out of his way to murder Americans, including defectors, are subject to this law.

Not only does this law vindicate President Obama, it vindicates others in high office who acted based on protecting Americans and providing for the common defense. Terrorism produces unlikely suspects, including those who surreptitiously aid and abet the terrorists who actually engage in carrying out serial murders against Americans, which includes persons known by the CIA to have collaborated as indicated in Madeline Albright's State department notes on sundry terrorists, notably the leadership in Iraq, which was conveniently erased from the face of the internet except in the memory of those like me who read and remembered precisely what her stated facts and warnings were that do not bear out conspiracy theorists who would betray her immediate successors through the American election of November, 2000.

 

[Quantum Windbag]

The hell he wasn't.

When did we go to war in Yemen? What qualifies any square yard of Earth as a "battlefield" other than the fact that the U.S. government decides to kill you there?

We have every right to seek and destroy those who engage in terror against us.



Al Qaeda in Yemen has taken a hit with the loss of US-born al Qaeda preacher Anwar al-Awlaki, but the leaders left behind are equally committed to attacking the U.S. mainland, and far more skilled than al-Awlaki, according to a new report by a top Army counterterrorism center.

"Removing these leaders from the battlefield ... would rapidly bring about the group's defeat," according to the study, which took a year of fieldwork inside Yemen, well before the strike that killed al-Awlaki and fellow U.S.-born propagandist Samir Khan. The strike by CIA drones occurred Friday with Yemeni permission, in concert with U.S. military counterterrorist forces.

Report: Al Qaeda in Yemen still a large threat - CBS News

According to the government a battlefield is wherever anyone they consider an enemy happens to be.

Do you support that definition?