The killing of American-born, al-Qaeda-affiliated, terrorist Anwar al-Awlaki has sparked anger among civil liberties groups and has set-off a lively and legitimate debate in our country.
In response to an article decrying the killing of American born al-Qaeda affiliated terrorist Al-Awlaki, I disputed the contention that the killing of the terrorist was Unconstitutional, illegal or amoral, or that it represented the “death of America.”
Since then, over the weekend, word leaked out about a secret U.S. Office of Legal Council (OLC) memorandum that provides legal and Constitutional justification for the action.
The memo reportedly found that “it would be lawful only if it were not feasible to take him alive, according to people who have read the document.”
Furthermore:
The memo, written last year, followed months of extensive deliberations and offers a glimpse into the legal debate that led to one of the most significant decisions made by President Obama — to move ahead with the killing of an American citizen without a trial.
The memo provided the justification for acting despite an executive order banning assassinations, a federal law against murder, protections in the Bill of Rights and various strictures of the international laws of war, according to people familiar with the analysis. The memo, however, was narrowly drawn to the specifics of Mr. Awlaki’s case and did not establish a broad new legal doctrine.
We will have to wait for the declassification and release of the entire memo to see if it “holds legal water” and to see if it changes any opinions about the killing of al-Awlaki.
While I can see, and sympathize with, Americans having qualms about the killing, there is absolutely no way that I would give a rat’s ass (sorry!) about al-Qaeda or any organization affiliated with it suddenly having concerns about the Constitutional rights of Americans.
But, believe it or not, the same gang of terrorists that massacred more than 3,000 innocent American men, women and children; the same organization that has vowed to kill more Americans—to destroy America—now is suddenly concerned about our Constitutional rights, our laws, our “freedom, justice, human rights and respect of freedoms” and about the legality of the al-Awlaki killing.
According to the Washington Post:
Al-Qaeda has also criticized the Obama administration for killing U.S. citizens, saying doing so “contradicts” American law.
“Where are what they keep talking about regarding freedom, justice, human rights and respect of freedoms?!” the statement says, according to a translation by SITE Intelligence Group, which monitors jihadist Web sites.
I do not claim for a second that al-Qaeda’s shockingly shameful statement will de-legitimize or in any way reflect on the valid concerns Americans have over the killing.
Nor will I entertain for a minute the notion some may have that “even al-Qaeda has more respect for the Constitution, for our laws.” To that I will simply say, rubbish!
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