Government

Holder Gives Legal Justification for Killing of Al-Awlaki

(The Blaze/AP) Attorney General Eric Holder broke the administration’s silence on the killing of American-born Anwar al-Awlaki during a speech at Northwestern University Monday, outlining a “three-part test” for determining when a targeted killing against a U.S. citizen is legal.

First, he said the government must determine that the citizen poses an imminent threat of violent attack against the U.S.  Second, the individual’s capture must not be feasible.  Third, the killing must be consistent with laws of war.

However, the Obama administration has refused to release the Justice Department’s official legal opinion on al-Awlaki’s killing under the Freedom of Information Act, and is in court opposing efforts to have it made public.

Eric Holder Gives Legal Justification for Killing of Anwar al Awlaki

Attorney General Eric Holder (AP)

Responding to criticism from civil libertarians, Holder flatly rejected the suggestion that the Constitution’s due process protections require the president to get permission from a federal court before taking lethal action.

“The unfortunate reality is that our nation will likely continue to face terrorist threats that at times originate with our own citizens,” he said. “When such individuals take up arms against this country and join al-Qaida in plotting attacks designed to kill their fellow Americans, there may be only one realistic and appropriate response. We must take steps to stop them in full accordance with the Constitution. In this hour of danger, we simply cannot afford to wait until deadly plans are carried out — and we will not.”

Al-Awlaki was a radical cleric who was born in New Mexico, and once preached at an Islamic center in Falls Church, Virginia. His sermons are posted throughout Internet, and his name has been associated with several attempted terrorist attacks. The Nigerian man who tried to blow up an international flight on Christmas 2009 told FBI agents that his mission was approved after a three-day visit with al-Awlaki.

However, Hina Shamsi of the American Civil Liberties Union warns strongly against giving the government
 power over life and death.  ”Few things are as dangerous to American liberty as the proposition that the government should be able to kill citizens anywhere in the world on the basis of legal standards and evidence that are never submitted to a court, either before or after the fact…Anyone willing to trust President Obama with the power to secretly declare an American citizen an enemy of the state and order his extrajudicial killing should ask whether they would be willing to trust the next president with that dangerous power.”

Eric Holder Gives Legal Justification for Killing of Anwar al Awlaki

Weighing in during an interview with Fox News‘ Shepard Smith, Judge Napolitano said, “No president since Abraham Lincoln has claimed the power to kill another American, and even Lincoln said he was doing it in a wartime environment when people were shooting at each other and the shooting back was in self-defense.”

Fox adds:

He continued to say that President Obama is taking the position that he can be judge, jury and executioner without a jury, without a charge, without any of the basic requirements of due process.

Napolitano said Holder’s speech won’t really mean anything because it’s not a legal document, but stressed that what President Obama and Attorney General Holder are doing is not following the Constitution.

Napolitano said if Holder says what he’s planning to say and it is “accepted uncritically by Americans, then we’re doomed. Our freedoms are gone, and the president is no longer president, he’s a king.”

Watch below:

Comments (16)

  • A pen
    Posted on March 6, 2012 at 7:51pm

    First, no individual has the capacity to threaten our nation in any way real unless they have an atom bomb and are holding the button to set it off. Second, there are literally hundreds of violent criminals roaming about evading capture and we don’t issue kill on sight orders unless they are holding that atom bomb button. Third, there has to be a declared war to be considered an enemy, a spy or war criminal. The only war still engaged is that with N Korea and there is a cease fire in effect. It appears these guys are trying to fit a whole bunch of people into Bin Laden’s shoes including US citizens.

    Report Post »  
  • dmerwin
    Posted on March 6, 2012 at 2:01pm

    How about because he was a frickin’ terrorists. Really, is it that hard.

    Report Post » dmerwin  
  • Dismayed Veteran
    Posted on March 6, 2012 at 1:22pm

    When the drone killing happened, I supported the attack. As time passes and more of the Constitution is eroded, I realize that I was wrong. Risking the live of US Special Forces members is worth the cost to protect the rights of our Consitution. As a vet and the father of an active duty soldier, I would regret the lose of a single American life in capturing this piece of filth.

    Report Post » Dismayed Veteran  
  • ITOLDUSO
    Posted on March 6, 2012 at 8:01am

    How about a explaination for killing our border agents? You gutless coward. And another thing, all the reasons you gave for this murder, you, reid, peeloski, clyborne, oboma and others fall into this same catogory……

    Report Post »  
  • ThomastonPaine
    Posted on March 6, 2012 at 6:55am

    Have we gone too far? Is the Constitution being subverted? Have illegal actions been taken by our government in order to prosecute the wars in Afghanistan and Iraq? Are our own civil rights and freedoms under threat as a result?

    Are we losing the very things that “we” claim to be fighting for?

    Remarkable “Must Watch” C-Span Video:

    Debating Taboos: “Legality of Afghanistan and Iraq Wars”
    http://www.c-span.org/Events/Debate-Series-Continues-on-Bush-and-Obama-War-Strategies/10737425678-4/

    *Moderated by Jonathan Turley and Stuart Taylor

    Powerful point made in closing by constitutional law expert Bruce Fein:

    “…And we need to remember that we adhere to certain principles because of what it says about us — irrespective of what it says about the enemy or adversary. It is as Abraham Lincoln said, as we would not be a slave — so we would not be a master, as we would not be colonized, so we would not be a colonizer, as we would not want to torture, we will never stoop to committing torture or flouting the rule of law…

    No — it’s to be Americans, where the rule of law is king.”

    Report Post »  
  • GhostOfJefferson
    Posted on March 6, 2012 at 4:58am

    Assassinations of Americans, no trial no jury no legal protection. The ability to whisk you away in the middle of the night and you’re disappeared. The takeover of large segments of the economy. Wars are now not only not declared, they’re barely even noticed by the news.

    Yep, that‘s one fine police state you’ve allowed to happen folks. Question is: What are you going to do about it? Write harsh criticisms on the internet?

    Report Post » GhostOfJefferson  
    • starchy
      Posted on March 6, 2012 at 9:13am

      Unfortunately most Americans are too busy with other things to even notice something like this, much less write anything critical about it on a website. Hopefully enough people are waking up, and teaching their children about how this government is destroying our freedom and indoctrinating the children to fight for their cause.

      Report Post » starchy  
  • Obama>Jesus
    Posted on March 6, 2012 at 1:22am

    “I, do solemnly affirm that I will support and defend the Constitution of the United States against all enemies, foreign and domestic;” these are the words all servicemen and women speak when joining the armed forced. He was an enemy to the United States, and actions were taken to ensure he could not harm any of its citizens. I fail to see the problem with his killing.

    Report Post » Obama>Jesus  
    • JediPatriot
      Posted on March 6, 2012 at 2:06am

      Because he was a citizen of The United States of America. The Constitution guarantees this man a fair trial. Holder is telling us that because International Law allows him to violate the Constitution, that it was okay for our government to do what they did. International Law does not trump our Constitution. Yes, he was with Al-CIA-duh. Yes, it’s possible that he was responsible for many deaths, including US soldiers. But he still deserves a trial. When you and I are declared enemies of the US, we would be so lucky to have a fair trial, as well.
      Peace

      Report Post » JediPatriot  
  • Boycott the Media Let the People Decide
    Posted on March 6, 2012 at 1:00am

    Timothy Mcvae got a trial, it IS OUR SYSTEM….We elect a President not a King….Period!

    Report Post »  
  • foxrocks
    Posted on March 6, 2012 at 12:38am

    Holder then should resign as he can’t justify why FAST and FURIOUS KILLED AN AMERICAN AGENT, and NEVER APOLOGIZED TO THE FAMILY…..I pray Congress gets enough evidence on this jerk to remove him, or put him in jail, which is where he should be, especially after next election when the community organizer is done!!!!!!!
    Holder is a racist, joke, just like the Obama’s………I bet he got his law degree from a cereral box card, cause he sure does not know how to enforce the law, knows nothing about the constitution, and is just a Obama czar plant, clueless on his job responsibilities…………..

    Report Post »  
    • JediPatriot
      Posted on March 6, 2012 at 2:09am

      @ foxrocks
      These people are above the law, and congress (the opposite of progress) will do nothing, like they have done for all crimes that our government commits. They are compliant, at the very least, with our criminal government.
      Peace

      Report Post » JediPatriot  
  • AARON BURR
    Posted on March 5, 2012 at 10:05pm

    How long before those citizens that adhere to the “other party” are deemed a threat to national security, and executed by order of the POTUS?

    Report Post »  
    • MCDAVE
      Posted on March 6, 2012 at 1:51am

      you are correct, we have managed our justice for 220yrs,within the limits of the constitution.. Obama wants the power to kill citizens on his command…America seems more and more like Nazi Germany every day…

      Report Post »  
  • What_Did_I_Miss
    Posted on March 5, 2012 at 9:54pm

    I don’t doubt that al-Awlaki was a bad man. I do not know if he was a threat to us.
    I do worry about how long it will be before this morphs into taking out “enemies” on
    American soil without charges/trials.

    Now on a side note…Is that a picture of al-Awlaki or is it Johara, the Jewel of the Nile?

    Report Post »  
    • JediPatriot
      Posted on March 6, 2012 at 2:16am

      @ What_Did_I_Miss:
      The Branch Davidians at Waco. They didn’t get a trial. They were accused, then murdered when they refused illegal orders by our criminal government, to obey. How about the Weavers? Sure, the survivors got a somewhat trial (however unfair) after our god-like, wonderful, omnipotent, extremely sexy government killed a few of those low-life, self-serving, terrorist jerks. That kid especially deserved it after he tried to protect his ruthless, evil dog. (Harsh sarcasm)
      They have already started killing us by poisoning us with sodium fluoride, aspartame, high fructose corn syrup, prescription drugs… The list goes on.
      Peace

      Report Post » JediPatriot  

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