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Confidential Justice Department Memo: Drone Strikes on American Citizens OK if…

Feb. 4, 2013 11:57pm Jason Howerton

Confidential Justice Department Memo: Drone Strikes American Citizens With Suspected Terror Ties OK

Credit: Getty Images

The U.S. government is authorized to order the killing of any American citizen who is believed to be a “senior operational” leader of al-Qaeda or “an associated force” regardless of whether that person poses an immediate national security threat, according to a confidential Justice Department memo.

The 16-page memo, a copy of which was obtained by NBC News, reveals the rationale behind the September 2011 drone strike in Yemen that killed alleged al-Qaeda operatives Anwar al-Awlaki and Samir Khan. Both men were American citizens and had not been indicted or charged with crimes.

Human rights activists and other critics have questioned the Obama administration’s policy of using drone strikes against alleged al-Qaeda operatives, including U.S. citizens. The key question in the debate has to do with whether the federal government is within its power to kill Americans who have not been indicted or charged with any crimes.

This undated photo provided by U.S. Customs and Border Protection shows an unmanned drone. Credit: AP

The undated memo is entitled “Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operational Leader of Al Qa’ida or An Associated Force.” Members of the Senate Intelligence and Judiciary committees were given a copy in June by administration officials on the condition that it be kept confidential and not discussed publicly.

It’s unclear how NBC News obtained a copy.

Comments (132)

EQUALIZER
Posted on February 5, 2013 at 1:48am
What a benevolent government we have, they are so good to us. I’ve got news for you, if you are over the age of 50, our government wants you eradicated.

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- ares338
  Posted on February 5, 2013 at 7:45am
  What? I knew they wanted me irradiated but eradicated? Why I never……..
  
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- TheAlamoLives
  Posted on February 5, 2013 at 9:20am
  Drone strikes would happen AFTER the govt has confiscated your assets. Buried in the bill might be language about sending the family the bill for the missle, who knows. I guess we’ll see if the Intellgence and Judicial committees sign off on the policy, or Barry does it by executive order.
  
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- VRW Conspirator
  Posted on February 5, 2013 at 11:29am
  wow…the ACLU has come out against something their pets in the WH are doing…wow..
  
  sorry..the murder of US citizens without warrant or judicial oversight is MURDER…that is a high crime and misdeamanor FOR SURE…
  all of those Senators that read this and did not report and stop it are culpable and should also be tried for murder and EXECUTED publically…
  
  Report this comment
- objectivetruth
  Posted on February 5, 2013 at 11:56am
  Actually they want you dead if you believe in the constitution irregardless of age.As to the other poster.I agree with the fact that it would be murder.However prosecuting it after the fact does nothing to save the life of the individual.
  
  Report this comment
- tonypro
  Posted on February 5, 2013 at 3:51pm
  This should be a wake up call to the ones that are not paying attention, but as usual they will keep their heads buried in the sand.
  
  Think about it folks, this is to stop violence against the guberment, not the country, and since napalmitano, pullnosey, eric hold u up, and their criminal cohorts have already put all constitution believing, freedom believing, God fearing, patriots on the list of dangerous terrorist as well as our returning soldiers, it doesn’t take a 1st grade education to see who this is meant for.
  
  …..and oh yeah, they want it to go smoothly, so they want to disarm us first.
  
  I believe barry is inhabited by the same demon as hitler. To many parallels to be an accident.
  
  Report this comment
- Wolf
  Posted on February 6, 2013 at 9:41am
  tonypro
  Posted on February 5, 2013 at 3:51pm
  This should be a wake up call to the ones that are not paying attention, but as usual they will keep their heads buried in the sand.
  Think about it folks, this is to stop violence against the guberment, not the country, and since napalmitano, pullnosey, eric hold u up, and their criminal cohorts have already put all constitution believing, freedom believing, God fearing, patriots on the list of dangerous terrorist as well as our returning soldiers, it doesn’t take a 1st grade education to see who this is meant for…”
  
  Right you are, Tony- we have Clinton’s Rules of Engagement for the Patriots… now we have Obamao’s ROE for Patriots. These people had better be careful what they wish for. They’re opening themselves up for a surprise.
  
  Report this comment
wordsofwisdom
Posted on February 5, 2013 at 1:31am
For all of you out their wondering what Obama has in mind for you? Here are some thoughts.
During a speech some years ago to the unions before he was a politician he said that in order to achieve his vision for the country he would need a police type force that was funded at the same level as the military here inside the country. Fast forward to now. He is arming & funding the homeland security almost to the military level. Now it isn’t rocket science to see that we have a self appointed dicktator willing to do what ever he thinks he can decree as legal & congress is letting him get away with it. It’s not to far fetched to think he would use drones inside the US either. This kind of criminal action can only lead to civil unrest. This is the kind of thing that destroys civilizations. This song is “The Devils Song” http://www.reverbnation.com/play_now/song_10789987
These people in this administration are listening to the devils song

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- texashuntre
  Posted on February 5, 2013 at 10:09am
  WoF I could not agree with you more. When we let the government get so powerful that its own citizens can not over throw it (in a time of desperate need) Which that clock is a ticking.. then America’s form of Freedom is gone with the wind. The people of the USA need to WTFU !!
  
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Modern_Cicero
Posted on February 5, 2013 at 1:29am
If you cannot understand or honor the 5th Amendment you have zero business holding the office of President or Attorney General. It says, “No person shall…be deprived of life, liberty, or property, without due process of law…” President Obama and Attorney General Holder are themselves lawless, and both need to be prosecuted under due process of law.

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- justangry
  Posted on February 5, 2013 at 5:06am
  We can not point our fingers at anyone over on the left for this. The police state has been a bipartisan initiative. Romney was on record supporting all this stuff if you recall. The liberals believe their leadership is ignoring their values too.
  
  Report this comment
- SacredHonor1776
  Posted on February 5, 2013 at 5:15am
  The thing people on the left blame this kind of thing on the right, and the right blame this kinda thing on the left… What do both sides hvae in common? They both contain progressives… People are too stupid to see what progressive leads to.
  
  Report this comment
- rickroland
  Posted on February 5, 2013 at 7:12am
  It’s 1984 all over again, but much Much WORSE!
  
  Report this comment
- DougHuffman
  Posted on February 5, 2013 at 8:01am
  @Sacred Honor, “What do both sides hvae in common? They both contain progressive. People are too stupid to see what progressive leads to.”
  
  The American major political parties are all progressive and progressive in principle, “progressive” properly defined.
  
  Only The Constitution Party represents the conservatism of the country. Hillsdale College’s Constitution 101 lectures, free on-line, cover libertarianism and progressivism at about lecture 4. The Constitution Party, its principles and platform are on line.
  
  For instance, an effective definition of principle is ‘that which will not be compromised.’
  
  Report this comment
- justangry
  Posted on February 5, 2013 at 11:03am
  @DougHuffman, Assuming you also believe that Bolsheviks have infiltrated our colleges: is it possible that the definitions you received from your free online course might be propaganda to demonize the non-statist Libertarians?
  
  @SacredHonor, Right on.
  
  Report this comment
- sammie77
  Posted on February 10, 2013 at 2:45pm
  AND tried for treason. IMMEDIATELY!!!
  
  Report this comment
Smokey_Bojangles
Posted on February 5, 2013 at 1:26am
I Better check Snopes on this. Could be Satan Whispering in some one’s ear.

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- IOWAGIR
  Posted on February 5, 2013 at 5:18am
  I read a portion of the copie and I almost puked. It is real and it justifies in a sick way the killing of Americans in order to rid it of any potential threat to the US and it’s citizens. From what I read it is for killing citizens out side the US borders. Who’s to say they won’t make exceptions to the rule all in the name of National security. How did we let this happen?
  
  Report this comment
woodyee
Posted on February 5, 2013 at 1:23am
[The Operational Memo States that] – “Instead, it says, an “informed, high-level” official of the U.S. government may determine that the targeted American has been “recently” involved in “activities” posing a threat of a violent attack and “there is no evidence suggesting that he has renounced or abandoned such activities.” The memo does not define “recently” or “activities.”

If that don’t send you reaching for a club, nothing will. Get a letter off to your Congress-hole ASAP and tell them this is an INTOLERABLE ACT. – http://www.usa.gov/Contact/Elected.shtml

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- woodyee
  Posted on February 5, 2013 at 1:45am
  I contacted TWO Representatives between my first post and this – what have YOU done?
  
  Report this comment
- Lamarr01
  Posted on February 5, 2013 at 3:25am
  It is foolish to believe anything from NBC News, especially Rachel Maddow.
  
  Report this comment
- Snowleopard {gallery of cat folks}
  Posted on February 5, 2013 at 4:44am
  Contacted my Senators and House member as well; this madness of ‘kill w/o trial’ has to be ended and Obama tried for murder.
  
  Report this comment
- RabbiDRJerkins
  Posted on February 5, 2013 at 3:19pm
  @Woodyee
  
  Shalom,
  You contacted two representatives. I did something useful; I bought more ammo.
  
  No one in this government is going to help you, on either side of the isle. If there were one, just one of our “representatives”, willing to do the right thing, willing to abide by the constitution, willing to obey the law… he or she would already have done so.
  
  This one is up to We The People.
  
  Report this comment
- BlasberryStrat
  Posted on February 5, 2013 at 7:16pm
  Well…..according to “AhhReverend Jaaacksonnn”, no one should have any problem taking down a drone flying over by the means of an AR. Of course there’s the slight inconvenience that the said person would need to get ahold of an open cockpit plane – fly up along side the drone – unscrew the lower half – and then (in flight mind you) shoot the hell out of the computer board. Other than that it otta be a piece of cake…..
  
  Hey!
  
  Report this comment
LakeHartwellSailor
Posted on February 5, 2013 at 1:05am
The Constitution of the United States is exactly that….the Constituion of the United States. Not the Constituion of Mexico, or Mali, or England, Spain…..you get the idea. Do we, as US Citizens enjoy (or not) the Constitution of the Phillippines, Austrailia, South Africa, Canada? I guess you could say if the UN would have it their way, it would be….but then again, if we got to that point, its the basically the Constitution of the United Nations. We are heading that way, and that’s a sad state of afairs.

Yeah, drone strikes against US Citizens without due process…

Gentlemen, prepare to defend yourselves.

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- DougHuffman
  Posted on February 5, 2013 at 8:09am
  The Constitution of the United States was derived from natural law via The unanimous Declaration of the thirteen united States of America,
  
  When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
  
  We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
  
  Report this comment
Tretka
Posted on February 5, 2013 at 1:03am
I saw someone here mention the more Liberal websites and their reactions to this so I went surfing.

How funny they keep calling everything fascist this and fascist that. Also funny of course is that they can not go very many sentences without mentioning GW Bush-STILL. They are going to be even more bummed when they realize they have a Marxist using Fascist tactics to gain control. EVEN more bummed when they realize a large part of both Congress and the House are in on the gig. They have to be regretting they jumped down the rabbit hole-though they will not admit it.

Wonder how the MSM is going to spin this one?? Of course they may skip it too.

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- Witness1974
  Posted on February 5, 2013 at 1:26am
  When I was an undergraduate, one of my political science professors invited Congresswoman Bella Abzug to one of our classes. This was in the late ’80′s and she was still blaming Nixon. Liberals heads must lock up at when they have to endure a Republican administration.
  
  Report this comment
- Dagnabbit5
  Posted on February 5, 2013 at 7:35am
  Well, it’s only fascism when it’s the other side. When it’s your side then it’s truth, justice and the (insert political party here) way.
  
  Report this comment
mr.marine87
Posted on February 5, 2013 at 1:02am
it already does you remember homeland security’s list
you are a possible terrorist if:
if you own more than 2 guns
more than 7 days of food
were home schooled or home school
if you support Pro life
if you are a veteran
if you don’t agree with big government

to name a few….. its so broad they can justify anyone they want as a possible terrorist.
government sign’s it all in secret when were are arguing of little battles like gay marriage. but all of this has bin posted on the internet at whitehouse.gov and other government sites and then when people finally get worried about it they take them down. Apparently know im a conspiracy theorist because i don’t trust media and did my own homework like glenn advised and know for once the government is actually saying what they said they were going to do.

Im sick and tired of this B.S just get it over and drone strike me!!!!!!!!

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- KNaggieland
  Posted on February 5, 2013 at 9:11am
  Your forgot other items on the list like:
  Own a GPS
  Own a smart phone
  Drive a truck
  Keep maps in your vehicle
  have a digital camera
  
  Sounds like most blue collar workers in America.
  
  I am on so many damn lists it is comical at this point. Between Liberal Progressive Republicans and Liberal Progressive Democrats I fear for this nation. Soon people will have a choice, they can support Democrats, Republicans or liberty. You can only pick one and with two of those choices the result is exactly the same.
  
  The Republican establishment has already declared war on the TEA party, the Democrats declared war on the TEA party the first time they held a meeting. Let that sink in. George H.W. Bush is a Golfing partner of W.J. Clinton and every last one of them have gone to the sames schools, are members of the same club and when they finish up the day of theatrics on the hill they go to the same parties and get money from the same donors and eat the same $50000.00 a plate dinners.
  
  China had a real serious human rights problem with protesters back in the 80′s and 90′s fortunately they solved the problem with big league sports and they have had few issues since. How many Americans can give you a play by play of the superbowl and even quote the commercials but can not name 3 of the enumerated powers? Your average football fan is no less a part of the problem than Obama, or Van Jones or G.W. or the Obama Phone lady.
  
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- georgette
  Posted on February 5, 2013 at 10:56am
  so what do they call those who will head for the many immense underground bunkers stocked with years of food, supplies, that taxpayer money built?
  
  Report this comment
Yakov-Yurovsky
Posted on February 5, 2013 at 12:58am
Now I know what Jesse was talking about when he said, “Semi-automatic assault weapons [rifles] can shoot down planes!” He meant drones-lol

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- Witness1974
  Posted on February 5, 2013 at 1:20am
  To real a prospect to be funny.
  
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Ghandi was a Republican
Posted on February 5, 2013 at 12:47am
Finally- Obozo is qualified for something.!

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- Spyderco
  Posted on February 5, 2013 at 2:38am
  Is this more proof that Obumer was born in Kenya? He wont be on the list.
  
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Witness1974
Posted on February 5, 2013 at 12:47am
If this isn’t an outrage, then nothing is. This should be enough for an investigation of the Justice Department and impeachment of the President and Vice-President. Anyone who has anything to do with this should be prosecuted. I’m all for killing terrorists and traitors, but if they are Americans there should be some kind of due process. This gives Obama Caesar like powers. I never thought I would agree with the ACLU.

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Timberline
Posted on February 5, 2013 at 12:46am
so called “kill lists” work both ways cupcake

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- BODYBAG
  Posted on February 5, 2013 at 12:55am
  yes they do.
  LOL
  
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- objectivetruth
  Posted on February 5, 2013 at 11:58am
  yeah I’m thinking the same exact thing.Tis a two way street.
  
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woodyee
Posted on February 5, 2013 at 12:45am
Just how many steps removed is the government, from redefining the word “terrorist”, as any individual or group that opposes THEM?

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- CatB
  Posted on February 5, 2013 at 12:56am
  My first thought also … so who decides “terrorist” … and just because someone in the government says it is “legal” does not make it so.
  
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- marine249
  Posted on February 5, 2013 at 1:16am
  some nut on the newspaper “Missoulain” blog
  said that Fox News and the NRA were terrorist.
  The left-wing has crossed the line already.
  
  Report this comment
MonkeyBeagle
Posted on February 5, 2013 at 12:41am
.. Those of you saying its cool if they are terrorist.. keep in mind that it is our leaders arming Al Qaida.. You are not the one deciding who is a terrorist.. yeah Its brown arabs today, but This is not meant for Al Qaida, this is meant for those of you that belive in the second Amendment.. you guys have to start figuring this stuff out… The founders knew absolute power corrupts.. thats why we have courts, and due process.. there is no mention in this memo of its ok to kill terrorist abroad.. they are talking about right here in your streets…. WAKE UP NOW! Stop supporting anti constitutional government dictates. IT IS MEANT FOR YOU! This is a take over, by a group of people that hate the constitution and the American way of life.

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Tretka
Posted on February 5, 2013 at 12:34am
Wow, this story was on one of the more conspiratorial websites four weeks ago. So I am guessing the white paper memo conspiracy is true? I think a General lost his post for refusing to go along with this.

So this is going to be just like everything else. Write the frame of the law, and we will tell them the rules later… while we are shooting at them.

Okay, who is ready to say there is NO WAY the events we are hearing about are random. Anybody?

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- BODYBAG
  Posted on February 5, 2013 at 1:08am
  You’re behind the curve friend.
  No way are they “random”.
  
  Report this comment
ones-own-truth-and-ideals
Posted on February 5, 2013 at 12:28am
this is sick, obama could probaly blow up cuba with a nuke and the left would say. “oh it somehow..(thinking but not really) SAVED THE evoirment and saved us from ALIens GO OBAMA I DON”T question your actions!”

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BODYBAG
Posted on February 5, 2013 at 12:27am
This is SO loosely worded and vague it is frightening.
And on purpose.
The time is drawing near folks.

The Liberty Tree.

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chicago76
Posted on February 5, 2013 at 12:24am
But they are American citizens somewhere else so that’s ok. Besides we are at war, aren’t we, umm, I am not quite sure who we are at war with since the Great One doesn’t recognize muslim extremism. I guess we are at war with those guys whoever they are. Oh wait, we aren’t at war, none was ever declared, so we aren’t really at war with those guys whoever they are but we sure as hell are gonna kill them all, once we find out who they are and what they might do, even if what they might do is not an act of war but just something we don’t like because it threatens our country. Does any of this make any sense to anyone now?

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- LakeHartwellSailor
  Posted on February 5, 2013 at 12:31am
  No, it doesn’t make sense at all…other than to pave the way to total oppression of the Citizens of the United States of America.
  
  Welcome to the 4th Reich…
  
  Lock & Load…prepare to defend yourselves.
  
  Report this comment
- Wolf
  Posted on February 5, 2013 at 7:40am
  Obamao has declared war on conservative America, in case you missed the memo.
  
  Report this comment
- objectivetruth
  Posted on February 5, 2013 at 11:54am
  They are at war with all americans.Anyone who won’t swallow the poisoned kool aid.Why do you think the military suicide rate is sky high?Many come to the conclusion most of us long ago came too.They are serving the enemy of the state.We are america in name only.This isn’t about obama .he is simply the last on the totem pole and doing what his handlers wish.This started in earnest [military wise]in the fifties.Under eisenhowers administration.[Economically it started in the early 1900s].Disbelieve me look up the marine corps and Eisenhowers administration.This was also the framework for the muslim brotherhood to enter.Instead of going after the brotherhood they went after the marines.Its not an accident any more than anything else any of us are witnessing.[Bengazi stand down ring a bell?]
  Our enemies have time and patience.Its been paying out for them.Its time to see to it that it doesn’t.
  
  Report this comment
MonkeyBeagle
Posted on February 5, 2013 at 12:23am
So its ok for them to drone strike and murder people who assist Al Qaida? So what happens to those that supply Al Qaida with weapons of war?

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- RabbiDRJerkins
  Posted on February 5, 2013 at 3:47pm
  Shalom,
  Those who supply Al Qaeda (and other terrorist organizations) with weapons of war (tanks, fighter jets, etc.) and billions of tax payer dollars get elected to a second term.
  
  Report this comment
JEANNIEMAC
Posted on February 5, 2013 at 12:21am
Tea Party members, pro-lifers, pro-marriage, gun owners, etc. have all been named on government lists as possible terrorists. Is this a way to kill them off under sanction of law? Whose law? Memo?

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- texastommy
  Posted on February 5, 2013 at 8:12am
  Damn! By your list, I’m a four-time loser.
  
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JP16
Posted on February 5, 2013 at 12:20am
If you want to find something the majority of Americans can agree upon, check out some of the more liberal sites and the comments there. People are slowly realizing how sketchy both parties really are when it comes to following the laws and protecting the rights of citizens.

You want a better country, start finding things that the vast majority can agree upon and start coming at politicians from both sides. In the end, you’ll realize big money is serving its own interest and using up the reputation of the United States, while we fight a war against any other country to make sure that other countries will trade their resources to us. American interests overseas is a term now that means way of businesses to avoid foreign political risk. In effect, we’re saying we’re all about freedom, as long as it benefits our country.

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circleDwagons
Posted on February 5, 2013 at 12:12am
Of course they can kill Americans, they have big guns. Might makes Right.

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chicago76
Posted on February 5, 2013 at 12:11am
Some people will recognize that each year this will get stretched further and further. Some people would give up all their liberty for feigned security. Some people will recognize that another name for drone strikes are death squads. Some people will demand protection from ghosts and zombies.

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thegreatcarnac
Posted on February 5, 2013 at 12:07am
So…..it has come to this. We all knew that obama was a tyrannt and had a great hatred for the bill of rights and the constitution and now he is proving it even more. I hate Al Qaeda and all terrorists but obama has a broad idea of terrorism. I am afraid that he would label every person on this site a terrorist in his Marxist mind. If he can kill American citizens at any time for being a terrorist then all he has to do is to call you a me a terrorist and kill us also. See how easy it is? It is time to realize what we have as president. He is a tyrannt and a murderer. He is pure evil.

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banjarmon
Posted on February 5, 2013 at 12:04am
Killing American citizens without due process is TOTALLY AGAINST THE CONSTITUTION AND THE BILL OF RIGHTS!!!

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- Steelhead
  Posted on February 5, 2013 at 12:23am
  what if they are terrorist ?
- Clownzilla
  Posted on February 5, 2013 at 12:36am
  @Steelhead
  
  Who is considered a “terrorist”? Sure, in the end this guy should of probably been smoked but what happens when the definition of “terrorist” includes people that simply protest against the government?
  
  Report this comment
- marine249
  Posted on February 5, 2013 at 12:43am
  @Steeluead
  
  So when king obummer speach’s
  you do, if it goes sideways, we
  can blame it on Bush, right?
  
  Report this comment
- Xylliab_of_the_Znarghh
  Posted on February 5, 2013 at 12:46am
  Being a citizen or not a citizen doesn’t have anything to do with it. Killing anybody without due process is against the Constitution and the Bill of Rights. The word citizen doesn’t appear anywhere in the Bill of Rights because our rights come from our maker, not from the government, and citizens and noncitizens are all children of the same God. So, if there is an exception for people who are living in other countries and waging war on us, that exception would apply equally to citizens of this country or of any other country.
  
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- Lordchamp
  Posted on February 5, 2013 at 12:51am
  If they are American they have the right of due process. Innocent until PROVEN guilty. If they are and “accused” terrorist then prove it in court and sentence them.
  
  This is what has gotten us in trouble all down the line. We’ll just give a little on this right and a little on that right and before long the government is killing us as they deem fit for what ever reason they want to manufacture.
  
  Report this comment
- Xylliab_of_the_Znarghh
  Posted on February 5, 2013 at 1:33am
  Again, the right of due process is not specific to citizens or contingent upon citizenship. Rights are rights. And war is war.
  
  Report this comment
- Spqr1
  Posted on February 5, 2013 at 3:10am
  The Bushies killed an American Citizen in Yemen. Did you scream about it then? Did you even know about it? No, because you were busy getting your mind warped by Faux News. You poor fools are over a decade late to this party. Your fake indignation is sickening.
  
  Report this comment
- Zipit
  Posted on February 5, 2013 at 9:25am
  Correct me if I’m wrong there SPQ, but I’m pretty sure that if an American citiczen joins the armed forces of another country, or takes up arms against the US, he effectively gives up his citizenship. The “American citiczen in Yemen” that you speak of had done just that, and was classified as an, “enemy combatant/terrorist”! Bushies 1, you 0! But looking at your profile, that’s a good description of you. ZERO!!!
  
  Report this comment
- sammie77
  Posted on February 10, 2013 at 2:56pm
  Odumbo tried to give the terrorists held at Gitmo American Civil Rights, yet he’s wanting to blow away so-called domestic terrorists?-who ALREADY have those same Civil Rights? Two-faced much? If he’s looking for domestic terrorists, he just needs to look in the mirror. ABSOLUTE POWER CORRUPTS ABSOLUTELY – we’re seeing it happen daily. IMPEACH NOW!
  
  Report this comment

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