US citizen & Al-Qaida leader al-Awlaki killed...hmmm

I guess anyone that falls into the definition of one.

That's not really an answer. I asked WHO decides who is a terrorist. If I 'define' you as a terrorist, are you? No. But if the president does, then it's true? Do you really trust the Oval Office that much? I'm not asking what a terrorist is, I'm asking who gets to decide who a terrorist is.

Ok...then blame me. I dont give a ****. :D Should I blame you and those who think that you do, when it comes to being a sheep instead of a lion, when it comes to SD? Yeah, I know its a different topic, just sayin'. :)

Sure. But here's the difference. If I am a sheep instead of a lion regarding self-defense; I hurt myself, or perhaps my family. When you toss away our rights so long as a bad guy gets zapped, you damage the entire fabric of society. I can live when any errors I commit that harm only me and mine. Disregarding liberty to make sure a bad guy gets what he has coming to him sans due process doesn't just affect you. It affects all of us, and forever.

Whats interesting is how you make it sound so easy to arrest these people to ensure they get their due process. But whatever...like I said, you have your opinion, I have mine. I respect yours, you dont respect mine, probably because it differs from yours but thats fine. :)

I do not think it is easy to arrest these people. I think I've made it clear that I don't think he would have come along quietly. I've also said that if he's killed in the process of being arrested, I don't have a problem with that.

I think maybe we just don't agree on what the term 'due process' means. It does not mean you absolutely get your day in court. Bad guys get shot dead all the time by the police before they get their day in court, and that's the way it goes.

Due process means pretty much just that. Before the government can take your property, or your liberty, or your life, there is a process that must be observed. The government is not permitted to just decide to kill a citizen and then go do it.

In the case of taking a citizen's property away, there are a number of things that have to happen before your property can be seized. The mayor of your town can't just eyeball your property and say "Wow, that's a nice place, I think I'll take it."

In the case of taking a citizen's liberty away, there has to be a trial and a conviction and a sentence lawfully applied. A judge can't just say "Never mind the trial, I can see this guy's a scumball, so twenty years for him!"

In the case of taking a citizen's life, it becomes even more important that they receive due process, because unlike the other two, where they can petition the government for redress, once they're dead, that's it.

However, the court also understands that the government has to do the job of enforcing the law. Before they can bring someone to trial, they must capture that person. And many times, such persons do not want to be caught, and will not come along quietly and peacefully. But the law requires that they submit to lawful authority; if they refuse to do so, the police are required to effect an arrest, and necessary force is authorized to the limits of that particular crime (the police can't shoot a jaywalker resisting arrest, for example, but they can shoot a murderer fleeing the scene). When this happens, the suspect still got their due process; the police tried to apprehend the suspect to bring him to justice and the suspect resisted, leading to his death.

If they had done an OBL type insertion into Yemen to get this guy, and he resisted and got two between the running lights, he got due process. He could have surrendered, he didn't.

But as I mentioned, you can't surrender to a missile. He was not given due process because he a) was not charged with a crime and b) was not given the opportunity to surrender to face the charges.

What was he charged with? What crime, specifically? "Being a scumbag" is not a crime. Even "being a terrorist" is not a crime in specific. WHAT was the crime he was to answer to? OBL was on the FBI's "Most Wanted" list with a reward for his capture; he was charged with crimes. What charge was al-Awlaki charged with?

http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution

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.

In the case of OBL, who was NOT a US citizen, he got due process anyway. There was an indictment. We did attempt to apprehend him. If he had surrendered, we would have captured him alive and he would have received a trial of some kind (what kind, I have no idea). Al-Awlaki, a US citizen, did NOT get due process. No indictment. No attempt to apprehend him. The President ordered him assassinated and he was, by a missile, which he could not surrender to even if he had wanted to.

It's like shooting a man dead whom you know to be armed, and then claiming self-defense. The cops say "Well, was he pointing his gun at you?" And you say "No, but he was going to!" Well, we'll never know, will we? We can say al-Awlaki would never have surrendered. Probably true, too. But we'll never know; we did not indict him, we did not try to apprehend him. And our own Constitution says we can't do that to our citizens. If our President can order him killed without due process, he can order you or me killed without due process too. Would he? No, of course not. But now there is nothing to stop him from doing it he feels like it.
 
I'm with Bill on this.

Don't get me wrong-so am I. I just have a hard time mustering up a shred of give-a-**** for this particular U.S. citizen. As for our eroded rights, and the nice slow ride to hell in a hand basket, well, it's not like I don't care. It's not like I think for a minute we can keep it from happening, or slow things down, or turn this thing around. Hell? We're already there. Best to keep your heads down, now-don't say anything, and have your papers ready at all times, 'mkay?
 
Don't get me wrong-so am I. I just have a hard time mustering up a shred of give-a-**** for this particular U.S. citizen. As for our eroded rights, and the nice slow ride to hell in a hand basket, well, it's not like I don't care. It's not like I think for a minute we can keep it from happening, or slow things down, or turn this thing around. Hell? We're already there. Best to keep your heads down, now-don't say anything, and have your papers ready at all times, 'mkay?

I feel like that on bad days. Other times, I just get angry that so many of our fellow citizens not only can't see the path we're heading down, they want to speed things up.

If I asked most of these "Yeah, kill the bastard" people if they'd trust the President to decide who could own guns or not on his say-so, they'd scream bloody murder. Yet they're willing to put the actual power of assassination into the hands of the White House, without judicial review, without an indictment, without due process, just judge/jury/executioner all wrapped up on one President and they're fine with that. They refuse to think that power might be used for someone who is NOT a terrorist at some point in the future. That's scary stuff, man. These men's men have no idea what they just traded away for nothing but a warm feeling that a bad guy is dead.
 
We did it to ourselves, Bill. Most of us went right along with the program, smiling and nodding-a bunch of us are still smiling and nodding. And we live with the illusion of rights, free to exercise them as long as they don't own the machine-which is really the whole ball of wax, btw-the media: mainstream, liberal and conservative. THe energy companies: for "drill here, drill now," and importing oil, and "green energy." The banks. The government. A giant meat grinder bent on the consumption of what remains of the middle class, and exerting more and more control over everyone: the TSA can reach up little girl's skirts, the police can listen to us whenever they like, and not one shred of your life is as private as you think, thanks to the very technology we're using right now,while they smile and nod the whole time. Not wasting my breath on that, anymore......suggesting that you don't either, really. Waste of breath either way, I suppose.....
 
That's not really an answer. I asked WHO decides who is a terrorist. If I 'define' you as a terrorist, are you? No. But if the president does, then it's true? Do you really trust the Oval Office that much? I'm not asking what a terrorist is, I'm asking who gets to decide who a terrorist is.

Dont know. Someone must be in charge of making up rules, policies, etc. The govt, the President, Congress, etc. Just like the Chief of a PD makes up the policies for their dept, as long as they are somewhat in line with what the State dictates.



Sure. But here's the difference. If I am a sheep instead of a lion regarding self-defense; I hurt myself, or perhaps my family. When you toss away our rights so long as a bad guy gets zapped, you damage the entire fabric of society. I can live when any errors I commit that harm only me and mine. Disregarding liberty to make sure a bad guy gets what he has coming to him sans due process doesn't just affect you. It affects all of us, and forever.

Do you really think that if the govt is allowed to do as they choose, that you or I would actually be at risk of having a drone drop a bomb on us?



I do not think it is easy to arrest these people. I think I've made it clear that I don't think he would have come along quietly. I've also said that if he's killed in the process of being arrested, I don't have a problem with that.

I think maybe we just don't agree on what the term 'due process' means. It does not mean you absolutely get your day in court. Bad guys get shot dead all the time by the police before they get their day in court, and that's the way it goes.

Due process means pretty much just that. Before the government can take your property, or your liberty, or your life, there is a process that must be observed. The government is not permitted to just decide to kill a citizen and then go do it.

In the case of taking a citizen's property away, there are a number of things that have to happen before your property can be seized. The mayor of your town can't just eyeball your property and say "Wow, that's a nice place, I think I'll take it."

In the case of taking a citizen's liberty away, there has to be a trial and a conviction and a sentence lawfully applied. A judge can't just say "Never mind the trial, I can see this guy's a scumball, so twenty years for him!"

In the case of taking a citizen's life, it becomes even more important that they receive due process, because unlike the other two, where they can petition the government for redress, once they're dead, that's it.

However, the court also understands that the government has to do the job of enforcing the law. Before they can bring someone to trial, they must capture that person. And many times, such persons do not want to be caught, and will not come along quietly and peacefully. But the law requires that they submit to lawful authority; if they refuse to do so, the police are required to effect an arrest, and necessary force is authorized to the limits of that particular crime (the police can't shoot a jaywalker resisting arrest, for example, but they can shoot a murderer fleeing the scene). When this happens, the suspect still got their due process; the police tried to apprehend the suspect to bring him to justice and the suspect resisted, leading to his death.

If they had done an OBL type insertion into Yemen to get this guy, and he resisted and got two between the running lights, he got due process. He could have surrendered, he didn't.

But as I mentioned, you can't surrender to a missile. He was not given due process because he a) was not charged with a crime and b) was not given the opportunity to surrender to face the charges.

What was he charged with? What crime, specifically? "Being a scumbag" is not a crime. Even "being a terrorist" is not a crime in specific. WHAT was the crime he was to answer to? OBL was on the FBI's "Most Wanted" list with a reward for his capture; he was charged with crimes. What charge was al-Awlaki charged with?

http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution

So, in a nutshell, as long as an initial attempt is made to capture first vs just dropping bombs, then you're ok with that, and the due process goal was reached? You do realize how easy that is to get around though, dont you? I mean, you're a former LEO IIRC, right? I see it all the time....officer finds the smallest thing to allow them to pull the car over, ie: failure to signal on a turn. Stupid reason to make a stop? Sure, but its a valid excuse nonetheless. So now, they can see into the car, possibly smell something illegal in the car, run everyone in the car, etc.

So, all the govt has to do, is make the slightest attempt to physically capture the guy, it fails, now they can drop bombs, and that'll satisfy the DP fiasco that we're having in this thread.



In the case of OBL, who was NOT a US citizen, he got due process anyway. There was an indictment. We did attempt to apprehend him. If he had surrendered, we would have captured him alive and he would have received a trial of some kind (what kind, I have no idea). Al-Awlaki, a US citizen, did NOT get due process. No indictment. No attempt to apprehend him. The President ordered him assassinated and he was, by a missile, which he could not surrender to even if he had wanted to.

It's like shooting a man dead whom you know to be armed, and then claiming self-defense. The cops say "Well, was he pointing his gun at you?" And you say "No, but he was going to!" Well, we'll never know, will we? We can say al-Awlaki would never have surrendered. Probably true, too. But we'll never know; we did not indict him, we did not try to apprehend him. And our own Constitution says we can't do that to our citizens. If our President can order him killed without due process, he can order you or me killed without due process too. Would he? No, of course not. But now there is nothing to stop him from doing it he feels like it.

Ok.
 
Just playing devil's advocate here for a second...

How many people would still be ok with this military action if he had been targeted downtown Toronto or London? Are we "ok" with this action because it was in a "terrorist country"?

It wasn't too long ago that the CIA was in the business of carrying out assassinations. In fact, one of the SEALS first jobs under Kennedy was to work with the CIA and carry out assassinations. We decided back then that we wouldn't do it and we were "at war" with communism around the world. What has changed now?
 
Dont know. Someone must be in charge of making up rules, policies, etc. The govt, the President, Congress, etc. Just like the Chief of a PD makes up the policies for their dept, as long as they are somewhat in line with what the State dictates.

That's a problem for me. We have three branches of government for a reason. Giving the power of judge, jury, and executioner to one man is not one of our basic precepts.

Do you really think that if the govt is allowed to do as they choose, that you or I would actually be at risk of having a drone drop a bomb on us?

In reality? No. However, once precedent is set, there nothing saying it can't happen. It would be like agreeing to register all guns, and trusting that there won't ever be a mass confiscation. Once they have the power, you don't know what might happen next. Giving the President the authority to order the assassination of a US citizen he deems a 'terrorist' is fine when one thinks that's all it will ever be used for. But I've never trusted power not to be abused. I think there's even a saying about that...

So, in a nutshell, as long as an initial attempt is made to capture first vs just dropping bombs, then you're ok with that, and the due process goal was reached? You do realize how easy that is to get around though, dont you? I mean, you're a former LEO IIRC, right? I see it all the time....officer finds the smallest thing to allow them to pull the car over, ie: failure to signal on a turn. Stupid reason to make a stop? Sure, but its a valid excuse nonetheless. So now, they can see into the car, possibly smell something illegal in the car, run everyone in the car, etc.

Sometimes the appearance of legality is all we have, sure. I don't know whether or not the SEAL guy who dropped the hammer on OBL would have accepted his surrender if he had offered it; but I'm willing to believe he would have. It is at least plausible.

So, all the govt has to do, is make the slightest attempt to physically capture the guy, it fails, now they can drop bombs, and that'll satisfy the DP fiasco that we're having in this thread.

Pretty much.

I read this news article this morning. I think it says a lot:

http://www.washingtontimes.com/news...y-as-a-ci/?utm_source=RSS_Feed&utm_medium=RSS

Taking Anwar al-Awlaki alive would have presented a difficult challenge for U.S. government prosecutors seeking a terrorism conviction, legal experts say.

For one, the New Mexico-born al-Awlaki, as a U.S. citizen, would not be eligible for trial by a military tribunal at Guantanamo Bay, Cuba, where scores of foreign terrorism suspects are awaiting trial. The law establishing the commission system stipulates non-U.S. citizens only.

Criminal defendant al-Awlaki would have had more rights during a trial in a federal civilian court, which could have become for him an avenue to gain classified information on the war and a soapbox for his anti-West al Qaeda propaganda.

Last year, the Obama administration nearly lost a high-profile terrorism prosecution in civilian court of an al Qaeda operative whom a jury acquitted of 284 of 285 charges.

In other words, our President may have ordered him assassinated because we didn't think we could get a conviction in a civilian court. Woah. We don't have enough evidence to convict you, but we don't like you, so we're going to kill you. In the case of this dirtbag, I think his evil is clouding the issue. Just pretend it's some dumb schmuck who has run afoul of our government, enough so that he is truly hated. Still seem like a good idea?

Here's another interesting piece from yesterday:

http://www.washingtontimes.com/news/2011/oct/3/obamas-illegal-assassination/

Democrats argue that in the long run, these terrorist killings will inoculate Mr. Obama from the traditional Republican argument that Democratic presidents are weak on defense.

Wow. Really? We killed him to boost President Obama's reelection chances?

The Justice Department reportedly wrote an advisory memo on the legality of targeting an American citizen with lethal force absent a trial or other due process, but the administration has kept the memo classified. Keeping the legal rationale secret amplifies the voices that argue that Mr. Obama assassinated an American citizen.

And the reason that our own government refuses to state what a memo on the legality of killing a US citizen says because why?
Al-Awlaki’s killing stands in contrast to the obsessive White House drive to extend full constitutional rights to foreign-born terrorists. In July, the administration skirted the clear intent of Congress by indicting small-time Somali terrorist Ahmed Abdulkadir Warsame in a federal court simply to establish the precedent of federal terror trials. This is the troubling standing image of the terror war in the age of Obama: A foreign-born jihadist is given a Miranda warning by the FBI, while the CIA kills an American citizen without warning.

That DOES seem a trifle odd, doesn't it?

And of course, this:

http://www.boston.com/news/local/ne...l_clerics_death_could_be_impeachable_offense/

MANCHESTER, N.H.—Republican presidential hopeful Ron Paul is suggesting that President Barack Obama could be impeached for the killing of an American born al-Qaida operative, though he says he isn't going to pursue it.

Now here's one of the darlings of the Tea Party stating what I'm saying, but suddenly the TP is breaking ranks with the whole idea of Constitutional Law and jumping on the "I don't care just so long as a terrorist is dead" bandwagon. "Rights? Liberty? Never heard of it. Come talk to me when the President kills a GOOD GUY and maybe we'll talk. As long as he's murdering bad guys, I don't care if he shoots nuns in the National Cathedral."

That irks me. The Tea Party is all about the Constitution, they claim, until it gets in the way.

Current GOP darling, Herman Cain? Flip-flop...

http://www.theatlantic.com/politics...ped-on-the-killing-of-anwar-al-awlaki/246084/

In early May, GOP presidential candidate Herman Cain said it would be illegal for the Obama administration to assassinate Anwar al-Awlaki, a U.S. citizen and suspected Yemeni terrorist known to be included on a "kill list" maintained by U.S. military and intelligence branches.

"In his case, no, because he's an American citizen," Cain said after a nationally televised presidential debate on May 5, when asked specifically about the Obama administration's targeting of al-Awlaki. "If he's an American citizen, which is the big difference, then he should be charged, and he should be arrested and brought to justice."
...

In a brief Q&A with our panel after his speech, Cain told the crowd that he fully supported Barack Obama's decision to strike Anwar al-Awlaki.

The killing of al-Awlaki has stirred debate over whether a U.S. president should be allowed to order the assassination of a citizen without due process. The libertarian candidates in the Republican presidential primary, Rep. Ron Paul (R-Texas) and former New Mexico governor Gary Johnson, have both questioned the killing. The two frontrunners, Texas Gov. Rick Perry and former Massachusetts governor Mitt Romney, have both praised it.

Huh. He was against it before he was for it. Wonder where I've heard that before?
 

Latest Discussions

Back
Top