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Drone Kills Top Al Qaeda Figure

wiredmikey writes with this excerpt from a Wall Street Journal report: "The U.S. ushered in a new CIA-led counterterrorism program in Yemen on Friday, sending unmanned aircraft to kill an American-born cleric who occupied a top place on the U.S.'s anti-terrorist list. The death of Anwar al-Awlaki eliminates a leading figure in Yemen's branch of al Qaeda and one of its most charismatic recruiters. A Web-savvy Islamic preacher with sparkling English, Mr. Awlaki was known for his ability to couch extremist views in ways that appealed to Western youth. He had been linked to suspects in the 2009 Fort Hood, Texas, shooting spree and the botched bombing of a Detroit-bound jet that Christmas."

885 comments

  1. 5th Amendment by Anonymous Coward · · Score: 5, Informative

    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.

    1. Re:5th Amendment by Anonymous Coward · · Score: 0, Insightful

      That's just something written on some little piece of paper dude.

    2. Re:5th Amendment by Anonymous Coward · · Score: 0, Funny

      Our ancestors had a penchant for writing run on sentences.

    3. Re:5th Amendment by Hotweed+Music · · Score: 1, Insightful

      The various counter-terrorism acts count as "due process of law".

    4. Re:5th Amendment by ArcherB · · Score: 3, Insightful

      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.

      I highlighted the relevant part.

      --
      There is no "I disagree" mod for a reason. Flamebait, Troll, and Overrated are not substitutes.
    5. Re:5th Amendment by Anonymous Coward · · Score: 0

      > No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury

      They are not persons, they are untermensch and, much like then, this kind of new will be cheered by people who don't know what they are giving up. In other words, this dead "untermensch" are playing the Ben Kenobi trick and winning after death.

    6. Re:5th Amendment by redemtionboy · · Score: 4, Insightful

      Came here to say this. It's amazing what our government decides it can get away with. Once we allow it to have the power to do this for someone who was most certainly guilty, we have given it the power to do this with anyone else it decides is guilty enough. It's very dangerous territory that we need to retreat from. End American imperialism. It's time we got rid of Obushma.

    7. Re:5th Amendment by cirby · · Score: 1, Insightful

      "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"

      He's in the land forces. He's just in service in the land forces of an enemy.

      That sort of thing happens when you commit treason and declare war against the country you're supposedly a citizen in...

    8. Re:5th Amendment by Anonymous Coward · · Score: 3, Insightful

      1. We're not at war with Yemen
      2. Who decides that someone deserves to die? Who is this 'government' you refer to?

    9. Re:5th Amendment by portforward · · Score: 0

      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

      Whether this applies to just soldiers or sailors I don't know, but the guy was calling for the destruction of the US Constitution and the implementation of Sharia law. I guess it would have been nice to pull him in and extradite and put him on trial. But that would have probably required a fourth war to occupy Yemen. Besides, with his internet videos he incriminated himself many, many times.

      Somehow I don't think Washington, Madison, or Jefferson (or Lincoln or FDR) are spinning in their graves over this. I know Oliver Wendell Holmes wouldn't.

    10. Re:5th Amendment by Pharmboy · · Score: 1

      I think you are correct in that this would qualify as an exception, but it is still a slippery slope. What if he had been on US soil? Or in Canada or Mexico? Aren't they "allies" as well, so why would it make a difference?

      Obviously he wasn't here or in a truly 'friendly' country, but the question remains, where do we draw the line? When it comes to US citizens, it is more of a problem, even though the Constitution doesn't differentiate "citizen" and "person". We just take the government killing a citizen much more serious, justified or otherwise.

      --
      Tequila: It's not just for breakfast anymore!
    11. Re:5th Amendment by dkleinsc · · Score: 5, Informative

      Anwar al-Awlaki was not and had never been a member of the US military, which is what that clause is plainly referring to. And even the military doesn't have carte blanche to just slaughter people - they're (in theory at least) bound by treaties and rules of engagement. No matter how you slice it, this was a US president ordering (or even worse, the CIA and DoD acting without orders) a US citizen killed far from any battlefield without presenting a shred of evidence to a jury.

      There would be also some question about whether this was a time of war, as no declaration of war has ever been passed by Congress against Iraq, Afghanistan, or Al Qaida. Regarding "public danger", your chance of being killed by a terrorist has never been greater than your chance of being killed by a washing machine.

      --
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    12. Re:5th Amendment by alcourt · · Score: 4, Insightful

      During World War I and II, individuals in some cases joined the armies of those nations fighting against the US. That made them legitimate targets for military action. The most significant precedent however, is the US Civil War.

      It would be hard to argue that a leader in a group that the US has effectively declared war on (including resolutions of Congress that authorize military force) is not a legitimate military target.

      --
      "I may disagree with what you say, but I will defend unto the death your right to say it." -- Voltaire
    13. Re:5th Amendment by Patch86 · · Score: 1

      But that would have probably required a fourth war to occupy Yemen.

      Yemen is a US ally. If they had asked, they probably would have received...

    14. Re:5th Amendment by Anonymous Coward · · Score: 1, Interesting

      Q: Who is the war against?
      A: Terror
      Q: And can we kill anyone we like without presenting evidence in a trial?
      A: Sure
      Q: Anywhere in the world?
      A: Sure
      Q: So you would have attacked a "terrorist" in ,say, Europe, shooting them down with a drone plane?
      A: Sure, but it would likely not be necessary as the Europeans would have handed them over
      Q: Do you think that this maxim applies to the US alone or does it apply to any other country in the world?
      A: Well, all have the right to fight against terrorism everywhere.
      Q: So can I shoot a US citizen on US soil if I believe they have been involved in terrorist activities?
      A: (I leave this up to the concerned reader)

    15. Re:5th Amendment by KublaiKhan · · Score: 2

      Are we in a declared war, then?

      For that matter, can you declare a war with al-Qaeda?

      Not that I particularly object to this guy's death, but the legalities are potentially troubling.

      --
      In Xanadu did Kubla Khan
      A stately pleasure dome decree
    16. Re:5th Amendment by OzPeter · · Score: 5, Insightful

      So, Constitutionally when a cop sees a person threatening the life of another the officers is not permitted too use deadly force to stop the act?

      They are allowed. But what is not allowed is following the perp home and while they are sitting there watching TV, pointing your gun through the window and assassinating them.

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    17. Re:5th Amendment by Oxford_Comma_Lover · · Score: 2

      US soil doesn't make a difference on Due Process, I think. According to the media, the judge in the case said that if he wanted due process, he could hand himself in, but otherwise the courts shouldn't step in. What bothers me is that his dad had to sue to get it before a judge in the first place--it seems to me that there should be at least a magistrate or neutral arbiter involved, and that you should have the same constitutional standards you do for convicting someone of treason--or at least probable cause of treason.

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    18. Re:5th Amendment by Oxford_Comma_Lover · · Score: 2

      They are also bound by the constitution. The military does not have the right to violate it, although the courts would give them a lot of leeway to bend it if they claimed they had to. (See, e.g., the Korematsu case.)

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    19. Re:5th Amendment by Oxford_Comma_Lover · · Score: 0

      Very good point.

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    20. Re:5th Amendment by no-body · · Score: 1

      US wars - hahaha! Korea, Vietnam, Iraq, Afghanistan and now - the World - hahaha!

    21. Re:5th Amendment by bussdriver · · Score: 1

      EXACTLY. Unfortunately, being literal minded about things the lawyers have created technical loopholes by playing with words; ignoring intent. A "war" on terror is used as the excuse - yet we don't actually have wars anymore so we end up with the benefits of non-war (attacking people with drones not requiring congressional approval) while also using "war" as justification in other ways. Common sense (if used) makes these things stand out to a vast majority of people if they are informed and simply stop and THINK (thinking being a huge problem with the modern advances in propaganda.) What is the point of even listing such restrictions in the first place if large loopholes were the intent?

      How long before they take your donations to a group the state dept decides is terrorist (which may be political or a minority subgroup or a change in the org) to say you are a terrorist as well and as soon as you leave the nation they can justify your execution. People have been treated badly already for such things and maybe that never gets to the point of assassinations--- remember, we consider money as speech... this guy talked while others provide money (unknowingly; remember the US gov gave them a ton of money over the years... makes you wonder if we could handle WW2 at our current state, the much smarter Nazi's would probably be funneling billions from the USA directly and with multinationals probably even more indirectly.)

    22. Re:5th Amendment by alcourt · · Score: 2

      If a US born person happened to serve with the Barbary Pirates, you think that would have made them not a legitimate target for the military reprisal?

      Authorized military action isn't only a congressional resolution that explicitly calls it war.

      --
      "I may disagree with what you say, but I will defend unto the death your right to say it." -- Voltaire
    23. Re:5th Amendment by Oxford_Comma_Lover · · Score: 1

      If someone threatens the life of another by preaching hatred, then no, the cop cannot shoot the person preaching hatred. The cop may be able to arrest him if the preaching is over a line that basically is open rebellion (you'd have to check the conlaw to be sure), but shooting him is not usually okay.

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    24. Re:5th Amendment by portforward · · Score: 3, Informative

      The president of Yemen is a US ally. The country itself just re-formed after being split and then reunited in a civil war. It's not like say Canada where the US embassy can make a request to extradite a criminal in say Calgary and the Prime Minister or Justice Minister calls the chief of police in Calgary to just go arrest the guy. Hence the statement US forces "occupy" because the president of Yemen isn't in control of the whole country.

    25. Re:5th Amendment by Anonymous Coward · · Score: 5, Insightful

      "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"

      He's in the land forces. He's just in service in the land forces of an enemy.

      That sort of thing happens when you commit treason and declare war against the country you're supposedly a citizen in...

      They say he did that BUT if you read his speeches it doesn't quite jibe with the claims so this is fierce propaganda. Also, the declaration of war must be against a soverign nation and not an idealistic and nebulous term such as terrorism. By definition that can mean anyone who doesn't like the US. Al Queda isn't a soverign nation and there is no evidence he was actually a member. Rooting for those who fight arguably illegal US operations abroad isn't treason. If it is then we are in deep caca. If, in fact, he is guilty of the alleged crimes why was there no grand jury indictment or warrant out for his arrest? Now it is moot because he is dead. The "secret" list has 12 names on it of US citizens targeted for assassination and none have been vetted through any legal process

    26. Re:5th Amendment by couchslug · · Score: 1

      "So, Constitutionally when a cop sees a person threatening the life of another the officers is not permitted too use deadly force to stop the act?"

      Many Slashdotters object to that too, because all cops are pigs and all sweet, sweet civilians are victims.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    27. Re:5th Amendment by hoggoth · · Score: 2

      And replace Obushma with who? Down with the Republicans! Down with the Democrats!

      Say hello to the new boss, same as the old boss.

      --
      - For the complete works of Shakespeare: cat /dev/random (may take some time)
    28. Re:5th Amendment by jo42 · · Score: 5, Insightful

      the guy was calling for the destruction of the US Constitution and the implementation of Sharia law

      He was practicing his 1st amendment rights.

    29. Re:5th Amendment by chill · · Score: 1

      Anwar al-Alaki was in actual service? That is, he was enlisted in our military or part of a militia? News to me.

      --
      Learning HOW to think is more important than learning WHAT to think.
    30. Re:5th Amendment by Anonymous Coward · · Score: 1, Insightful

      Not to mention that the "War Against Terrorism" is not a real war in the first place. A war is between two governments and involves armies.
      Fighting against guerillas or terrorist groups may bereferred to as 'war' in the media and popular culture, but that's just for simplicity. In reality it's nothing more than crime.

      Next people caught smoking weed will be sent to Gitmo. ''War on drugs'' and all that.

      And now people are just going to keep calling the USA a free country. How many more laws and constitutional rights will the US government have to violate before people realize what it really is?

    31. Re:5th Amendment by Anonymous Coward · · Score: 0

      CIA

      (137)

    32. Re:5th Amendment by countertrolling · · Score: 0

      Say hello to the new boss, same as the old boss.

      You know, that shit's 40 years old now. Put a lid on it...

      --
      For justice, we must go to Don Corleone
    33. Re:5th Amendment by Jiro · · Score: 2, Insightful

      By this reasoning, a US citizen who simply went overseas and, oh, joined the German army during World War II couldn't be shot either. You say "far from any battlefield", but you are not claiming that the fifth amendment doesn't apply to battlefields, you are claiming that it doesn't apply to people who are not members of the US military, which a German soldier wouldn't be.

      Of course, someone who is fighting the US "far from any battlefield" is, since he is fighting, actually on the battlefield.

    34. Re:5th Amendment by magarity · · Score: 2

      The most significant precedent however, is the US Civil War.

      A civil war is one in which two (or more) groups fight for control of the same government. The southern states did not want to control the entire union, therefore it should be called the war for southern independence, not the civil war.

    35. Re:5th Amendment by DragonTHC · · Score: 5, Insightful

      that highlighted section is meant to refer to the UCMJ for active duty military personnel during a time of war or public danger.

      It does not, in any way, say that when a war is going on, you can suspend the 5th amendment. It only means that in a time of war, active duty military personnel are not granted due process by the constitution.

      Regular citizens are granted full protection of due process in all times.

      don't even attempt to think that this wasn't a violation of the constitution.

      I'll abridge to the pertinent bits for you: {No person, except in cases in the forces or militia in actual service in time of war, shall be deprived of life without due process of law}

      --
      They're using their grammar skills there.
    36. Re:5th Amendment by Anonymous Coward · · Score: 0

      Don't forget - the U.S. has claimed legal jurisdiction over the whole world.

      That is how they were able to arrest Noriega, for allowing drugs to flow through his country.

      That is how they were able to arrest three British businessmen for operating a business in Bermuda.

      And there have also been cases where Americans have arrested foreigners in foreign countries without the permission of their governments (including the Netherlands and Italy) for doing things that were entirely legal in those countries, but which the U.S. government frowned on. Forbidden speech, and things like that.

      Thank ghod we have the U.S. to police the world, because other countries aren't always up to the task of enforcing parochial morality on people who were harming no one!

    37. Re:5th Amendment by Calibax · · Score: 3, Interesting

      You're chance of being killed by a terrorist is low, but the chance of a US citizen being killed is over 300 million times higher. Or are you saying that elected officials should only be concerned about you and not all citizens?

      I'm strongly against the death penalty. I think it's barbaric and has at least one overwhelming reason not to do it - you can't reverse mistakes. However, in the case of people who are spending their entire lives working out ways to kill their fellow citizens in wholesale quantities using military grade weapons if available or airplanes if not, I'm willing to make an exception.

      I would argue that this cleric would have been more than happy to renounce his citizenship, except he knew full well that visiting an embassy to sign the required paperwork would not end well for him.

    38. Re:5th Amendment by MightyYar · · Score: 2

      but it is still a slippery slope.

      I don't think this is "slippery" at all... this is a clear case of someone who was an enemy of the state operating from within a nation where we are already fighting militarily.

      where do we draw the line?

      You don't draw "a line", because it's a subjective decision. You leave it up to the Commander-In-Chief. If he's "wrong", he pays for it either politically or through the actions of Congress or the courts.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    39. Re:5th Amendment by Anonymous Coward · · Score: 0

      What if he had been a confederate general in 1864?

    40. Re:5th Amendment by johnlcallaway · · Score: 1

      I'm tired of cowards standing behind such statements, these barbarians knowingly and purposefully target civilians with no other reason than to cause terror and disruption. They do not even pretend to follow Geneva Convention accords, and cowardly use with women and children as human shields. They don't wear uniforms so they can be recognized as enemy combatants, putting even more innocents at risk.

      They have publicly stated that they are trying to bring about the downfall of this country. If that's not a declaration of war, I don't know what is.

      Blast the lot of them, no matter where they stand.

      --
      I rarely read replies, it's my opinion and if you thought about your opinion a little more, I'm OK with that.
    41. Re:5th Amendment by MightyYar · · Score: 0

      LOL, okay. And the whole world wasn't involved in the world wars... and no declaration of war occurred in the Vietnam War, Korean War, First Gulf War, or Second Gulf War... and the Hundred Years War didn't last a hundred years...

      You can either go with the flow or tilt at windmills, but I'm afraid you will always be frustrated.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    42. Re:5th Amendment by tmosley · · Score: 5, Insightful

      No it doesn't. It just says it does. You know, sort of like how every action Hitler took was "legal" for the same reason.

      I wonder how long before they start doing this on American soil? How long before they dispense with use of drones and authorize police in the streets to execute "terrorists" at will?

    43. Re:5th Amendment by Kozar_The_Malignant · · Score: 1

      That's just something written on some little piece of paper dude.

      It's supposed to matter. That's what makes us different from, say, the Yemenis.

      --
      Some mornings it's hardly worth chewing through the restraints to get out of bed.
    44. Re:5th Amendment by tmosley · · Score: 1, Flamebait

      That is not an exception to the ability to execute, that is an exception to presentation before a Grand Jury. This is 100% unconstitutional. And these fucks are PROUD of it.

    45. Re:5th Amendment by chill · · Score: 5, Informative

      World War 2 was a real war, with a declaration by Congress. The "war on terror" is not. Thus the other side are not "soldiers" and your comparison is invalid.

      Terrorist activity, like it or not, is *criminal* activity and not under the rules of war, regardless of how the press refers to it.

      --
      Learning HOW to think is more important than learning WHAT to think.
    46. Re:5th Amendment by Anonymous Coward · · Score: 5, Insightful

      Our ancestors had a penchant for being able to hold thoughts longer than soundbites.

    47. Re:5th Amendment by Anonymous Coward · · Score: 0

      It says "No person" and not "No citizen". As far as I remember that is one of the main differences between US and British civil rights laws (in the UK it is a birth right and not a right given to all men. i.e. need to be born in the UK). Unfortunately most US politicians ignore this difference. The recent debate is a legal one since Al-Awlaki is a US citizen. Anti-terrorism laws need to apply to all in the same as original laws otherwise they will be in conflict.

      I am not a lawyer, and I would appreciate any clarification on this point.

    48. Re:5th Amendment by Grygus · · Score: 1

      Given that he was never tried, and given that in our system of justice a man is innocent until proven guilty, isn't "knowingly and purposefully target[ing] civilians" exactly what we just did? You have only the murderer's word that the man needed killing; would you accept that in other circumstances?

      Isn't "blast the lot of them, no matter where they stand" the exact problem we have with the terrorist agenda?

      Look not into the abyss and all that.

    49. Re:5th Amendment by obarthelemy · · Score: 0

      As your first sentence highlights by default, the US are not officially at war there. The slippery slope is there: Fighting wars (approved by Congress) -> fighting non-wars (not approved by Congress) -> Remotely assassinating at will (whim ?) terrorist, then military, then political, opponents, then bystanders.

      Retroactively booting a president who erred on the side of slaughter is a dim compensation to his victims.

      This is the exact same behaviour as terrorism. They won.

      --
      The Cloud - because you don't care if your apps and data are up in the air.
    50. Re:5th Amendment by Anonymous Coward · · Score: 0

      So that makes the suspension of trial alright, does it?
      Guilty as it suits us until we kill you and you can't have a chance to prove innocence. Not so much with this guy as the countless others who have been killed in similar actions.
      Do as we say, and not as we do.

    51. Re:5th Amendment by tmosley · · Score: 2

      No, it means that a US citizen who went to Germany as a priest and recruiter for a non-state paramilitary organization PRIOR TO A DECLARATION OF WAR against Germany couldn't be targeted for assassination.

    52. Re:5th Amendment by shoehornjob · · Score: 0

      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.

      That's nice. You know that the Obama administration is just making policy as it goes along right???

      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.

      That gives the administration permission to do what ever they think is necessary.

      --
      "We are just a war away from Amerikastan. When god vs god the undoing of man." Dave Mustaine
    53. Re:5th Amendment by tmosley · · Score: 2

      Sorry, are you talking about al Qaeda, or the US armed forces, including the non-uniformed CIA?

    54. Re:5th Amendment by DarkOx · · Score: 0

      We were in a state of declared war by Congress. We also have existing law on the books that says if you join a foreign military, you lose your citizen ship. So in your case that person would simply be an ememy solider, no legal problems killing him, or ethical problems either.

      This is not that situation. We are not really at war, and this person was a citizen. Plenty of rulings up held the idea that due process does not always have to imply a trial in court, but it usually does have to afford the accused some opportunity to represent themselves and what ever the process is it must have been previously codified.

      So a legal question here is if we have fugitive who is given an opportunity to turn his or herself in to face trial, but does not do so can our process be that we then hunt them down an execute them?

      My guess is the lawyer folk at the DOJ and the Judicial folk in the courts won't want to tackle that question and well find ways to resolve this specific matter on some other technical grounds.

       

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    55. Re:5th Amendment by djlowe · · Score: 1

      Say hello to the new boss, same as the old boss.

      You know, that shit's 40 years old now. Put a lid on it...

      Well, putting a lid on it would at least block some of the stench of the Federal Government's shitty actions over the years.

    56. Re:5th Amendment by Anonymous Coward · · Score: 0

      Willful misinterpretation. Virtually nobody is against law enforcement - what they're against is a paramilitary fraternity with extra-legal rights to bully the citizenry they're sworn to protect. That contempt for citizens so often accompanies defense of the police is proof of the problem.

    57. Re:5th Amendment by tmosley · · Score: 1

      What if he was a priest, far away from any battlefield, who simply recruited for them, and you went into his home at night and slit his throat, along with the throats of every other person there?

      The number of people who can't tell the difference between combat (allowed in wartime and in self defense) and assassination (NEVER allowed) is tremendously disturbing.

    58. Re:5th Amendment by tmosley · · Score: 2

      Muslims are Semitic peoples, so I think we could get away with calling them "Juden". Maybe we could make them wear little crescents, and gradually erode any and all rights, first to property, then to movement, then to life itself.

    59. Re:5th Amendment by hitmark · · Score: 1

      A civil war can be generalized to a political disagreement that results in the use of military force.

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    60. Re:5th Amendment by tmosley · · Score: 1

      Ron Paul would be a good start.

    61. Re:5th Amendment by schwit1 · · Score: 1

      Yemen has a 1st amendment?

    62. Re:5th Amendment by tmosley · · Score: 1

      You are certainly begging to be a victim of the state. May your chains rest lightly upon you.

    63. Re:5th Amendment by Anonymous Coward · · Score: 0

      JILL - Who is this war against, Sam?
      SAM - Well, terrorists of course.
      JILL - How many terrorists have you met? Actual terrorists?
      SAM - Actual. terrorists? Well... it's only my first day.

    64. Re:5th Amendment by Dasuraga · · Score: 0

      Yeah, being a military dictator with pending charges of murder in Panama and France is pretty harmless.... That being said, the US does not have magical jurisdiction on everything.

    65. Re:5th Amendment by couchslug · · Score: 3, Insightful

      "A war is between two governments and involves armies."

      Do words mean anything to you or do you just "make shit up" ?

      Asymmetric unconventional warfare by non-state actors is old news (for example the old worldwide Communist revolutionary movement) and is much more than "crime".

      Attacking external combatants who happen to hold an own-side passport is well within the accepted law of war.

      No one seriously argues that Awlaki wasn't an enemy actor, therefore there is zero logical argument against killing him. His citizenship couldn't be less relevant because the rules of war apply in war.

      He was an active member of a hostile force.

      He demonstrated hostile intent.

      Attacking him was a "necessity" because there was no other way to interdict his activities.

      Force used was "proportional" because it was sufficient to decisively counter a hostile act or hostile intent, but reasonable in intensity, duration and magnitude.

      http://en.wikipedia.org/wiki/Asymmetric_warfare#Definition_and_differences

      http://en.wikipedia.org/wiki/Non-state_actor

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    66. Re:5th Amendment by Anonymous Coward · · Score: 0

      I think you are correct in that this would qualify as an exception, but it is still a slippery slope. What if he had been on US soil?

      I can't post because I'm moderating, but no, it's not a slippery slope. This was done by the Army ("land or naval forces") against a military target, during a time of War.

      A soldier is judge, jury and executioner, you can't stop a war to give a jury trial for every enemy before you shoot him

      A police officer is not, unless it's Judge Dredd

    67. Re:5th Amendment by andy1307 · · Score: 1

      Given that he was never tried, and given that in our system of justice a man is innocent until proven guilty,

      That's simply not true. If you point a gun at a cop and the cop shoots you, the shooting incident will be investigated but it's unlikely the cop will be charged.

    68. Re:5th Amendment by varmittang · · Score: 1

      If the person is on US soil, then its a federal or local law enforcement issue. The military is barred by federal law from being used on U.S. soil for domestic law enforcement. If it was Canada or Mexico, they would have extradited him to the US and there would have been a trial. You are getting all paranoid trying to rap your head around this issue. He might have been a US citizen, but he join a foreign military/terrorist organization and lead/planned attacks on US citizens and other countries. He did not refute this, so in my mind he is fair game if he gets hit in an air strike again a terrorist safe house. Don't forget that they got a couple other terrorist at the same time.

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    69. Re:5th Amendment by JackieBrown · · Score: 1

      I laugh when I read this. Most of the people who claim to support Ron Paul would disappear the moment he was chosen as the Republican nominee.

      I would love to see a liberal vote for someone that wants to remove the EPA, the Department of Education, the FDA, etc.

    70. Re:5th Amendment by Anonymous Coward · · Score: 0

      War on Terror ....Eat the Drone Bitch....I say send a few more in!!!

    71. Re:5th Amendment by Veggiesama · · Score: 0

      What if he had been a confederate general in 1864?

      Then he would be white.

    72. Re:5th Amendment by realityimpaired · · Score: 1

      Yemen is not a battleground, nor was there any immediate and present danger posed by the person who was assassinated. Yes, the US is in time of war, but this is an assassination, and that clause is talking about battlefield death, not a sanctioned killing by the CIA.

      This isn't really any different from any number of other sanctioned assassinations that've been carried out by the CIA, really. The main difference here is the method use to kill him, and the fact that there was collateral damage. Usually it doesn't make the news, because usually they don't resort to Israeli tactics... that is, they don't usually use air strikes for this kind of assassination.

    73. Re:5th Amendment by Anonymous Coward · · Score: 0

      It gets worse: The US Navy is now killing Pirates!

      Pirates are NOT part of a Government and the US is NOT at war with Pirates, so they should NOT be shot at without a TRIAL first! These pirates were doing NOTHING WRONG, no US lives were at risk, just Americans thinking they're World Police again!

      UPDATE: Turns out the US Navy has been fighting Pirates off Africa for hundreds of years! They called it the "Barbary War" but Barbary is just a location where the battles took place, the Barbary Coast, it wasn't a true "war" against a foreign government.

      Shame on you US Govt! Hundreds of years of World Police and look what it's gotten us! A superpower and (mostly) safe seas! Boo!

      /sarcasm>

    74. Re:5th Amendment by deadwill69 · · Score: 2, Insightful

      As a retired military person myself, I fully agree that we have been walking down the path of religious and political oppression and have enacted legislation in the last 40 years that would make our founding father's roll in their graves. But, this type action has a long history in our country. In 1918 the Sedition Act was passed in response to a similar situation. http://en.wikipedia.org/wiki/Sedition_Act_of_1918 Luckily it was finally declared unconstitutional by SCOTUS in 1969. During the 60's and 70's this was followed by numerous other acts (I'm not even going to list them, too many to count and all passed in the "save the children" mindset. Let's jump to the Patriot Act: This was basically an unofficial declaration of Martial Law (http://en.wikipedia.org/wiki/Martial_law ) and along with all the legislation passed with the War on Drugs has made everyone a criminal and has bypassed the Constitution. http://en.wikipedia.org/wiki/War_on_Drugs Now in 2007, our strong leaders passed the Violent Radicalization and Homegrown Terrorism Prevention Act of 2007... see where this is going? So basically, this man has committed treasonous acts against the government and the people of this country. His speak is protected as it should be, but the actions taken place as a result of his speech are not. If you tell some one to kill another person, by them a gun, and then drive them to the crime scene, you are now an accessory and eligible for the same punishment. As stated in one of the other comments, you do not necessarily get a trial if you are caught in the commission of a crime and their is fear of imminent danger to myself or others. There are numerous laws that give me the right to defend myself and many states allow me to defend others also. In some states, you don't even have to be committing a crime: Just the appearance. I personally think this raises a lot of questions we need to address with our congress critters, but justification is not one of them. Oh, and the declaration of war thing: We have had a joint declaration to use military force with authorized all the powers of a declaration of war http://en.wikipedia.org/wiki/War_on_Terror Sorry for the rant.

    75. Re:5th Amendment by tycoex · · Score: 1

      Assassination isn't necessarily a bad thing imo. If I could go back in time and assassinate Hitler, be darn sure I would.

      Ya, Hitler may not have been directly involved in the combat, but I really don't give a crap, he still needed to die.

    76. Re:5th Amendment by Jiro · · Score: 2

      We also have existing law on the books that says if you join a foreign military, you lose your citizen ship.

      This is not true and would lead to ridiculous situations considering that someone could be forcibly conscripted into a foreign military.

    77. Re:5th Amendment by tycoex · · Score: 2

      Are you saying that governments are the only international actors that matter?

      IOs matter very much in our present international system. Anwar al-Awlaki was a member of an international non-state military force, that has declared war against the United States. He is no different than any other enemy soldier.

    78. Re:5th Amendment by Jazari · · Score: 1

      ...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;

      This seems to fit all of the exceptions. You can't expect to treat quasi-military fighters the same way you treat shoplifters or even murderers. People engaged in organized combat operations have never been afforded the protections of the criminal law.

    79. Re:5th Amendment by Grygus · · Score: 2

      I think that is a pretty terrible analogy since this guy almost certainly never actually attacked anyone, but let's go with that: at the very least, an investigation into whether this was legal is exactly what people are asking for. We're not getting it. So I take it that you now see the problem.

      I think the analogy is better that he was unarmed and standing in the middle of street yelling that someone should kill cops, then the cop shot him dead. Still imperfect but it's closer to what the man was actually accused of doing.

    80. Re:5th Amendment by Runaway1956 · · Score: 2, Insightful

      Let us use our imaginations, just a little bit, so that I can draw a parallel.

      It's just prior to WW2, and tensions are increasing between the US and Germany. One or more US citizens are quite vocal in their support of Germany. They seek to gain public support for Germany and the Nazi party at every opportunity. Sometime within a couple months of the US actually declaring war on Germany, the person(s) under discussion take a ship to Germany, denounce their American citizenship, and join the Nazi party. From that time on, they work hard in the service of the Nazi party, taking intelligence missions, recruiting missions, public addresses in various countries meant to sway public opinion away from the US, and toward Nazi Germany's goals.

      Would you still demand some kind of "due process" for the individual(s) involved, or would you agree that the United States should send a bombing mission to silence these high profile Nazi sympathizers?

      Now, before you try to tell me that it's not the same scenario - I'll remind you that Al Unlucky has indeed publicly renounced his US citizenship. THAT is where all the media has it WRONG. Al Unlucky hasn't been a US citizen for a long, long time. And, Unlucky did indeed join a "party", or organization, whose stated goals include the overthrow of the United States.

      Mr. Unlucky may not have been "Public Enemy Number One" - but he certainly ranked up there. Due Process does NOT apply in military situations such as this, or the analogy that I drew above. Al Unlucky made himself subject to military action, if not to military justice. In short, he got what he deserved.

      Now, I hope that everyone can stop whining about civil rights, yada yada yada. An enemy combatant can be shot down anytime, as can an enemy spy.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    81. Re:5th Amendment by Anonymous Coward · · Score: 1

      As long as you cunts can't see more than two parties things will not change. The power structure is in place and has been for generations and anyone who honestly thinks that the two parties are at odds with one another are asleep.

    82. Re:5th Amendment by sourcerror · · Score: 1

      And how is this relevant? This guy didn't fight, just said things the CIA didn't like.

    83. Re:5th Amendment by tmosley · · Score: 5, Interesting

      Really? If you could time travel, you would have assassinated Hitler? Why wouldn't you go to Versailles while they were negotiating the end of WWI and tell them of the terrible consequences of oppressing the Germans to the point of economic collapse?

      If you killed Hitler, all you would have gotten was a martyr to the Nazi cause, and a better commander in chief at the head of their military. Would you have assassinated Hitler if it meant the Nazis won on D-Day? If they never invaded Russia and lost their forces to the general winter or, God forbid, they remained allies through the end of the war? Imagine an axis that stretched uninterrupted from Vichy France all the way to Japan.

      Why is it that people always forget that actions have consequences? France and England CREATED Hitler through their brutal oppression of Germany. The US CREATED al-Qaeda via decades of interference in Mideast politics, especially propping up Saudi dictators. Continued interference will do nothing but make it worse and worse, until some figure appears in the Middle East and unites the whole Arab world, and we find that we are facing a nuclear armed Arab superpower with a hundred years of hate staring at us across the Atlantic as our economy falls apart and our military become unsustainable.

    84. Re:5th Amendment by Anonymous Coward · · Score: 0

      We've declared war? When was that?

    85. Re:5th Amendment by teg · · Score: 1

      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.

      I highlighted the relevant part.

      That seems to be for cases in the land or naval force, or in the militia, when the country is at war or there is a public danger. He was not in the land or naval force, or in the militia, so this shouldn't apply? This seems to make the military able to have its own court martial system in war.

    86. Re:5th Amendment by xevioso · · Score: 0

      Where does the 5th amendment say we must declare war to be at war? Note that it does not state "when in actual service in time of War declared openly by a majority vote of the Congress of the United States of America... or public danger" Or do you think the Cold War was not a war?

    87. Re:5th Amendment by xevioso · · Score: 1

      This is foolishness. That entire section is speaking how to handle criminal acts. The relevant part, more relevant the bold text in either post, is this: "No person shall be held to answer for a capital, or otherwise infamous crime..." Bu he was not committing criminal acts. He had openly declared war on the Unites States of America. That is not a crime. It was an act of open war. Or perhaps you foolishly think that only "organizations" and not individuals can declare war? He should have been executed as soon as humanly possible, and I think he was.

    88. Re:5th Amendment by xevioso · · Score: 1

      No, we are at war with loosely affiliated members of a terrorist organization known as "Al Qaeda," wherever they may be. Not too hard to figure out if you are paying attention. He wasn't executed because of his political opposition to the us. It's one thing to be "opposed"; it's another to declare war against us.

    89. Re:5th Amendment by xevioso · · Score: 0

      Baloney. This is the foolishness that all the "due process" advocates continually forget. Wars don't have to be declared. The Cold War was a war. It was not declared by congress. One can be at war without that war being declared. It is really that simple. Killing a man who openly declared war on the US and who sent men to blow up planes in the US is somehow equal to that man sending men to blow up planes? That is what you are saying when you are saying we are the terrorists. You are a fool.

    90. Re:5th Amendment by Anonymous Coward · · Score: 0

      By this reasoning, a US citizen who simply went overseas and, oh, joined the German army during World War II couldn't be shot either.

      Well, to sneak into the man's barracks and murder him in his sleep would still seem to be out of line.

      There are at least two erosions of freedom and individual rights embodied by this action. First is the continued treatment of "War of Terror" as an actual war outside the conventional bounds of law. Of course, conventional wars are conducted according to their own rules, but the government believes that the 'enemy' in the war on terror, by not being part of a uniformed force under centralized control, are due neither the rights of a private citizen nor the rights of a declared enemy. Second, the government skipped the step of proving to anyone outside of US intelligence agencies that this guy actually is a major terrorist/criminal. Imagine your local police deciding it was too dangerous to arrest a particular suspect and deciding instead to firebomb his house.

    91. Re:5th Amendment by Anonymous Coward · · Score: 0

      By this reasoning, a US citizen who simply went overseas and, oh, joined the German army during World War II couldn't be shot either.

      Fucking excellent example, because unless they were on the field with a gun in hand they were not shot. They were captured, held as PoW's with all the rights due them (as were most of our lads, even the Nazi's recognised some laws) and returned to face to face the consequences in their own nation.

      This guy was killed for opening his mouth - truly I look forward to day that the KKK or even the Tea Party can expect to bring down this form of justice on their heads.

      'Enemy of the State' is an ambiguous term - it's redefined depending on who is in charge of the state and who they currently hate or fear. If you truly don't see this a slippery slope to be wary of then you are as short-sighted as you are ignorant.

    92. Re:5th Amendment by xevioso · · Score: 1

      At that point we were at war with another openly declared nation...one led by President Jefferson Davis. Apples and Oranges.

    93. Re:5th Amendment by xevioso · · Score: 0

      Fool. Presentation before a Grand Jury only applies in criminal cases. This is not criminal; this man renounced his citizenship and declared war upon us, along with his friends whom he led and inspired. He is not a criminal. He is an enemy combatant. So fuck him; it is a GOOD thing our government wiped him off the earth. I am one of these fucks and I am MORE than proud of it; Good Job Mr. President; now take out that fucker Al Zawahiri. He's next.

    94. Re:5th Amendment by Anonymous Coward · · Score: 0

      You are looking for Ron Paul.

    95. Re:5th Amendment by Anonymous Coward · · Score: 0

      Would you still demand some kind of "due process" for the individual(s) involved,

      Yes.
      “Due process” applies to everyone, everywhere. There is no restriction in the US constitution that limits justice to American citizens, nor to American soil. That is what due process is all about: justice must apply to everyone, even the people you don’t like. Even the people you know are guilty.

      or would you agree that the United States should send a bombing mission to silence these high profile Nazi sympathizers?

      Firstly, your hypothetical does not include any capital offences on the part of the ex-citizen. Secondly, bombing would be a deliberate act of war, before the declaration of war.

    96. Re:5th Amendment by binarylarry · · Score: 0

      I'm pretty sure an admitted Al-Qaida leadership figure could be construed as a valid target, due to the public danger they pose. It's been argued that he aided and directed the underwear bomber and some of the 9/11 hijackers.

      He's an american but he renounced his citizenship and has kept himself outside the reach of the US legal system. I'm not a fan of this action but we were between a rock and a hard place on how to deal with this douche bag.

      I won't lose any sleep over his death.

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    97. Re:5th Amendment by xevioso · · Score: 1

      Excellent post; I'm pretty sickened by all the "constitutional scholars" coming out today assuming all wars must be declared. As if the Cold War was merely an unfortunate misunderstanding.

    98. Re:5th Amendment by brusk · · Score: 1

      Now, before you try to tell me that it's not the same scenario - I'll remind you that Al Unlucky has indeed publicly renounced his US citizenship. THAT is where all the media has it WRONG. Al Unlucky hasn't been a US citizen for a long, long time. And, Unlucky did indeed join a "party", or organization, whose stated goals include the overthrow of the United States.

      Did he legally renounce his US citizenship? It's not enough to simply say, "I renounce my citizenship" to make it effective. It's actually a fairly involved process (in part, to prevent people from simply giving up their citizenship to avoid taxes). So he may in fact have been a US citizen, even if he denied it.

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    99. Re:5th Amendment by MightyYar · · Score: 1

      fighting non-wars (not approved by Congress)

      Of course the Yemen war is approved by congress. It's been going on for years and they keep funding it.

      Retroactively booting a president who erred on the side of slaughter is a dim compensation to his victims.

      The alternative is to throw a bunch of bureaucracy in front of the President, making it impossible to make the types of fast decisions that are needed in this kind of situation.

      This is the exact same behaviour as terrorism. They won.

      Actually, the war with Al Qaeda seems to have been won. You sometimes do things that you don't like when you are at war. If you don't like the term "war" than substitute it with whatever you like - I'm not particularly fond of semantics arguments, so I'll simply go with whatever you want to use.

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      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    100. Re:5th Amendment by xevioso · · Score: 0

      Not all wars must be declared by congress to be wars. Or do you think the Cold War was merely an unfortunate misunderstanding?

    101. Re:5th Amendment by TheRaven64 · · Score: 1

      If a confederate general had been killed by a drone attack in 1864, then you're probably trapped in a Michael Crichton novel.

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      I am TheRaven on Soylent News
    102. Re:5th Amendment by brusk · · Score: 1

      We also have existing law on the books that says if you join a foreign military, you lose your citizen ship.

      This is not true and would lead to ridiculous situations considering that someone could be forcibly conscripted into a foreign military.

      Indeed, not only forcibly conscripted but in countries that have mandatory military service for all citizens a dual citizen (e.g., someone born overseas of US parents) would be expected to perform that service when they reach the appropriate age. That happens to people born in France of US parents, for example, who have both US and French passports.

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    103. Re:5th Amendment by xevioso · · Score: 1

      Not all wars must be declared by congress to be wars. Or do you think the Cold War was merely an unfortunate misunderstanding? Congress is not the sole definer of the state of reality, fool. The definition of a war is not "A state of hostility that must be declared by a governmental organization before it can exist". The constitution does not state the the US can only be at war with other governments, does it?

    104. Re:5th Amendment by binarylarry · · Score: 1

      The CIA isn't allowed to operate in the US.

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    105. Re:5th Amendment by xevioso · · Score: 1

      It is being reported in the media that crack teams went into capture him, but villagers in Yemen helped him escpae and hid him. So, at that point, we took the next correct action. We erased him.

    106. Re:5th Amendment by binarylarry · · Score: 1

      How many skyscrapers in the US got destroyed in that "real war"?

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    107. Re:5th Amendment by X.25 · · Score: 2

      The president of Yemen is a US ally.

      Is it the same president that slaughters his own people?

      Nice allies you have. I guess it's ok if he does it, since he's your "ally", right?

    108. Re:5th Amendment by binarylarry · · Score: 1

      Fuck yeah!

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    109. Re:5th Amendment by brusk · · Score: 1

      Presumably the parent would have assassinated Hitler before the Nazi rise to power, not in 1939, on the assumption that doing so would stop WWII from happening at all. Seeing if that were so would be a fun experiment!

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    110. Re:5th Amendment by digitig · · Score: 1

      Did they? I can't tell from the example cited, because although there were plenty of independent clauses they were correctly joined and so didn't form a run-on sentence.

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      Quidnam Latine loqui modo coepi?
    111. Re:5th Amendment by publiclurker · · Score: 1

      Then how about we drop you into Yemen with a warrant and a plate of cupcakes to pick him up. then while he's removing you society we can have a few seals remove him. that way everyone wins and the planet is down two worthless annoyances .

    112. Re:5th Amendment by xevioso · · Score: 1

      I would accept that in other circumstances, given the circumstances. Wars do not need to be declared to be wars. Or was the Cold War merely an unfortunate misunderstanding? He was not a criminal; he was an enemy combatant. This foolish line of thinking of you people allows for the reclassification of 9/11 as merely a crime that needed criminal prosecution.

    113. Re:5th Amendment by Moryath · · Score: 0

      Not really. In the state of Yemen, a cleric counts as a consular and half the legal code is verbal - for instance, you can divorce your wife just by shouting "I divorce you" (in Arabic) over and over again a few times, then telling a cleric you did so.

      There's also the elements of treason, aiding and abetting enemies, involvement in terrorism... yawn. If you're trying to make this the "we shouldn't use drones or target-kill the leaders of a group at war with us" argument, this isn't the guy to do it with. Hell, out of the right wing kook fringe you're more likely to have them shouting "reenact Dresden" or "reenact Hiroshima" rather than looking askance at taking out the head of a terrorist organization.

    114. Re:5th Amendment by dan828 · · Score: 4, Insightful

      I won't lose sleep over the bastard either-- what makes me lose sleep is the the president/executive branch can unilaterally decide to kill two American citizens, and then without and review or oversight on the part of either of the other branches of the US government, carry out the killing. There needs to be more in place to check presidential power than just "it's ok, trust us, we won't do anything out of line, our own lawyers agree it's ok."

    115. Re:5th Amendment by Moryath · · Score: 1

      Actually, if someone else declares war on you, then you are de facto at war even without a declaration of war on your part.

      Al Qaeda - both the global organization, and the group Al-Awlaki led - have declared war on the US. Ipso Facto, the US is therefore at war with them.

    116. Re:5th Amendment by Anonymous Coward · · Score: 0

      I highlighted the relevant part.

      No you did not.

      You are not parsing that clause correctly. It means that if you commit a capital crime then there must be a Grand Jury before you go to trial. The only exception is if, during war, you, as an actively serving soldier during that war, commit a capital offence: then there doesn't have to be a Grand Jury before you are “held to answer” for your crime.

      al-Awlaki was not a member of the US armed forces. The US is not at war with Yemen. Therefore there should have been a Grand Jury, before the actual trial.

    117. Re:5th Amendment by xevioso · · Score: 0

      Why do we need an investigation? The facts are clear: This man openly declared war on the US and its people. He worked closely with the Ft. Bragg shooter and the shoe bomber to kill both military and civilians alike. The constitution declares that people accused of a criminal act have the right of a Grand Jury; the US is not accusing him of criminal acts, but of acts of treason and war. The 5th ammendment does not apply; the only "investigation" would be a series of lawers arguing over the best way to interpret that ammendment, while the Supreme Court has been very clear. So no, you don't get an investigation. We need more people like this guy wiped out, not less.

    118. Re:5th Amendment by xevioso · · Score: 1

      So to you "fighting" only means physical activity? Conspiring with a bomber to blow up a bomb hidden in ones underwear does not, in your world, count as "fighting"? Fool.

    119. Re:5th Amendment by MightyYar · · Score: 1

      So if the Commander-in-chief says YOU are an enemy of the state for literally no reason, or perhaps because you an millions of others oppose him politically, you and your millions of pals can be executed without due process, and he just has to pay politically, or through the actions of an already purged congress or an already purged court system?

      No, perhaps I wasn't clear. Here is what I mean by "there are no lines". The example you provide is clearly unacceptable. Killing a terrorist in Yemen with a history of attacks on the US is clearly acceptable. There is no firm line somewhere between the two that delineates where killing is and isn't acceptable - it's going to require some judgement. You could create another secret court and require some kind of bench kill warrant process, leaving it all up to some judge or panel of judges, or you could just let the guy elected by the people to do that exact job do his thing. If his judgement is so poor that he's willing to kill millions of my pals, we have bigger problems.

      Additionally, I think we should try to leave the civilian judiciary out of war altogether. Trying to make war seem fair or just is a fools game. There is no way to justify the firebombing of Dresden outside of the context of war.

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      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    120. Re:5th Amendment by Anonymous Coward · · Score: 1

      your analogy is flawed. the USA is not at war with yemen. Al quaeda is not a state. its an organization.
      The US military does not have carte blanche authority to assasinate or murder people in neutral 3rd countries and if those US citizens were in london denouncing the USA instead of germany during WWII the US would not have bombed london to silence them. there would have (quite rightfully) been an uproar if the US had done that. obviously for you, yemen is full of sand niggers and the US can bomb them as it pleases since its not full of white pureblooded caucasians. and thats your problem.

    121. Re:5th Amendment by Moryath · · Score: 1

      However, that still leaves the question of whether or not him being on US soil would be a "domestic law enforcement" issue or a "enemy invader in time of war" issue. In the latter, the US military would still be perfectly authorized to take him down or capture him.

    122. Re:5th Amendment by xevioso · · Score: 1

      Yes, it does.

    123. Re:5th Amendment by FictionPimp · · Score: 1

      And you realize a president can do none of those things. All it would bring is more endless strife to congress and pointless arguing. We don't need more conflict in government, we need rational people who are willing to work slowly and compromise to create a better, more efficient, and smaller government.

    124. Re:5th Amendment by hypergreatthing · · Score: 2

      We're at war with Yemen?

    125. Re:5th Amendment by Moryath · · Score: 1

      Nope. Al-Awlaki was a member of a paramilitary organization which declared war on the USA. That is what that clause is plainly referring to. Dumbass.

      It doesn't matter if Congress declared war on them. THEY DECLARED WAR ON US. Ipso Facto, a state of war exists. Al-Awlaki left the US, publicly renounced his citizenship, joined an organization that declared war on the US, ordered attacks, and behaved in every way as a commander of enemy forces who were at war with the USA.

      This was the President of the USA ordering a strike on the military headquarters of an organization at war with the US. Al-Awlaki, as well as several other ranking members of that organization, was killed in the strike. Obama made the right call, and anyone who says "waah but this is illegal" is a fucking moron.

    126. Re:5th Amendment by xevioso · · Score: 1

      Q: Who is the war against? A: Terror (I believe you asked "Who", not "What". You failed at answering your own question. The correct answer is "members of a loosely affiliated group of individuals known as Al Qadea who plot to blow up innocent American civilians wherever they may be found." Q: And can we kill anyone we like without presenting evidence in a trial? A: Sure (As long as we declare them enemy combatants, meaning those who are actively combating the United States and it's citizens." Q: Anywhere in the world? A: Sure (Exactly) Q: So you would have attacked a "terrorist" in ,say, Europe, shooting them down with a drone plane? A: Sure, but it would likely not be necessary as the Europeans would have handed them over (And the political fallout could cause more problems that it would be worth to kill the individiual) Q: Do you think that this maxim applies to the US alone or does it apply to any other country in the world? A: Well, all have the right to fight against terrorism everywhere. (Iran would have a right to attack someone in the US who attempted to bomb it, but because Iran is clearly an evil country, it's right would be overridden by the moral right to destroy it's government.) Q: So can I shoot a US citizen on US soil if I believe they have been involved in terrorist activities? A: (I leave this up to the concerned reader) (You are not a government.)

    127. Re:5th Amendment by Anonymous Coward · · Score: 0

      Up against the wall, please. Actually don't bother; we'll come get you.

    128. Re:5th Amendment by brusk · · Score: 1

      First, I wasn't making an argument either way about whether the killing was justified or not, I was only talking about the narrower issue of whether he was really a US citizen or not. And on that point, the Yemeni legal system is not directly relevant to whether he is a US citizen or not; someone loses US citizenship only according to rules spelled out in US law. It's possible that a Yemeni court might not recognize his US citizenship but a US court would.

      --
      .sig withheld by request
    129. Re:5th Amendment by Anonymous Coward · · Score: 0

      I like turtles!

    130. Re:5th Amendment by TheRaven64 · · Score: 1

      I'm not sure Ron Paul would be such a bad idea. Sure, he has a complete lack of understanding of economics, but he also has no chance of actually passing 90% of what he advocates. He'd probably be able to cut some government spending and close some of the more unpopular government departments before getting kicked out...

      --
      I am TheRaven on Soylent News
    131. Re:5th Amendment by RoFLKOPTr · · Score: 1

      We're at war with Yemen?

      I don't believe we are "formally" "at war with" anybody. We are taking military action against Al Qaeda and other terrorist organizations in the Middle East and elsewhere. I'd say that satisfies the "when in actual service in time of War or public danger" requirement. Do you disagree with the killing of a top Al Qaeda figure, or are you just saying things for the sake of argument?

    132. Re:5th Amendment by Anonymous Coward · · Score: 2, Insightful

      Did he legally renounce his US citizenship? It's not enough to simply say, "I renounce my citizenship" to make it effective.

      Are you seriously suggesting that treason, conspiracy to commit mass murder, and aiding and abetting the enemy in times of war are NOT sufficient to be declared an enemy of the state? Are you seriously suggesting that we can't treat any person as an enemy of the United States of America unless they fill out the proper paperwork?!?

      Seriously? No, no, seriously?

    133. Re:5th Amendment by circletimessquare · · Score: 1

      there is plenty of legal precedent for the treatment of traitors during military conflict. awlaki clearly and multiply invoked his desire to kill americans en masse. yes, awlaki doesn't represent the military establishment of a real country. but the existence of nonstate militaries in lawless lands and weak states able to wage war remotely anywhere on the globe: THAT is the only new legal precedent here

      i'm really sick of people unable to appreciate the idea that the police summarily executing you for running a red light is somewhat slightly different than the treatment of mass murderers clearly intent on the slaughter of ordinary citizens. if you can't appreciate all of the nuance of a situation, you really shouldn't be commenting on legal issues, as you clearly do not understand that every single vital legal concept in the constitution has exceptions. freedom of speech? not if you threaten to kill someone. freedom from unlawful search and seizure? not if its plutonium. habeas corpus? not if you are hiding abroad to wage mass murder

      you only make yourself look stupid if you can't understand nuance. there are exceptions to every principle you hold dear, legal or not (you never murder? what if someone is about to kill your family). when you comment on legal principles, try to understand they are complex, and not blockhead simple concepts that apply without thought or exception. the idea that habeas corpus means we actually have to give someone, citizen or not, hiding abroad in open military conflict, a fair trial, is a joke

      Regarding "public danger", your chance of being killed by a terrorist has never been greater than your chance of being killed by a washing machine.

      i've heard this argument before. it always makes me giggle. the "statistical probability" argument against concerning yourself with terrorism. i suppose this argument works, personally, if you live in omaha. but it certainly doesn't apply to the policies of the united states

      look: there is really only way to address a comment like this: if this is an argument that you think actually has merit whe commenting on a subject like this, you far outside the bounds of understanding the topic you are commenting on. i have no more intellectual charity to explain it to you, and simply ask that you consider that you are woefully outside logic and reason and an appreciation of the concepts in play if this is an argument that actually appeals to you. just try to understand why you are wrong, because you are certainly wrong if you actually think like this

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    134. Re:5th Amendment by Anonymous Coward · · Score: 0

      History is written, and implicitly titled, by the victors - had the south won, you would be correct, and I suspect the American Civil War would be referred to as the second war of independence, or possibly the war of secession.

      A fairer title to all concerned in my opinion, would be the Southern Rebellion, to match the later rebellions (both successful and otherwise) of colonies held by European powers.

    135. Re:5th Amendment by Grygus · · Score: 1

      9/11 was merely a group of crimes that needed criminal prosecution. The failure to realize that is why we're in this mess. The terrorists framed it as a pre-emptive attack in a war we weren't even fighting. By allowing them to frame the event, we played into their hands and have legitimized the attack; now, instead of a crime against humanity, it was merely the first shot fired in a religious war.

    136. Re:5th Amendment by sourcerror · · Score: 1

      Stop fighting me or I'll have to kill you.

    137. Re:5th Amendment by Anonymous Coward · · Score: 0

      so by your argument its ok to launch a hellfire into the middle of times square to kill an SUV carrying a member of al quaeda ?
      I disagree with the killing of a top Al Qaeda figure in a neutral 3rd country with no due process, yes.

    138. Re:5th Amendment by localman · · Score: 3, Insightful

      The part that weirds me out is how some well-known terrorist leader gets taken down and we're all of a sudden concerned about who we're killing over there? What about all the innocent people we're killing all the time? Nobody seems to care much about that.

    139. Re:5th Amendment by Grygus · · Score: 1

      If all that happened was conspiring, then there would be no actual bombing, and bombers don't always need conspirators, so yes I do draw a distinction; one is potentially indirectly harmful while the other is a criminal act. Regardless of whether you agree with that, I say the death penalty without trial is an inappropriate punishment for stating your beliefs, no matter how vile they are.

    140. Re:5th Amendment by no-body · · Score: 1

      Fuck yeah!

      Thanks for reminding me - always great to see the $ 5 billion Pentagon PR budget doing it's work

      Oh, I forgot the Drug War, hahaha!
      And US police departments inheriting all the great obsolete grenade launchers to keep up law and order, hahaha!

    141. Re:5th Amendment by l0kl1n · · Score: 0

      I understand that what you're arguing for (oversight) is likely a realistic and practical process that could indeed reduce serious errors of judgement, however, a committee isn't a guarantee against injustice; it is entirely possible that all the branches of government could sign off on a killing that is unjust (e.g. How would you like to be a black man in the 1950s American South facing a committee of those in power?).

    142. Re:5th Amendment by Runaway1956 · · Score: 1

      Sand niggers, ehh? Perhaps I'm mistaken, but wasn't this operation done with the approval and cooperation of the Yemeni government? So - in your own terms, it could be said that some sand niggers authorized this killing of sand niggers?

      In my own terms, "Bite my ass, you bigoted turd!"

      When I wish to refer to Arabs and/or Persians, in a derogatory manner, I generally call them "camel jockeys". And, yes, I'd be willing to fly ten thousand miles to smoke a camel!

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    143. Re:5th Amendment by lightknight · · Score: 1

      And my penis counts as a credit card.

      Writing sh*t into minor laws does not counteract superior laws. There is a set procedure for changing superior laws; not following it is treason.

      --
      I am John Hurt.
    144. Re:5th Amendment by Grygus · · Score: 1

      The facts are only clear to you because you accept them on faith with no proof presented at all. Traitors get trials. We are not at war; George W. Bush called this a war, but declaring war isn't an authority granted to his post. Obama has kept the language but since he's in the same post it's irrelevant. Congress, who retains that authority, has not done so. It's okay to use the word for convenience but from a legal perspective it is wrong.

      "We need more people like this guy wiped out, not less." Only the death of your enemies is worth contemplating. You have become them.

    145. Re:5th Amendment by SmurfButcher+Bob · · Score: 1

      What's that "Jihad" word mean, again?

      How about you drive over there, and tell THEM they did not declare war on us, tell THEM they are not real soldiers (of God or any other army), and tell THEM that they are, in fact, simple criminals.

      Pretty sure they'd have a very special kind of death planned out for you.

      --

      help me i've cloned myself and can't remember which one I am

    146. Re:5th Amendment by Runaway1956 · · Score: 1

      Well - SOMEONE had to process all that data into a target that the drone could acquire. And, it was long overdue. Due process - works for me!

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    147. Re:5th Amendment by Anonymous Coward · · Score: 0

      No. No I'm not. I want someone who doesn't think that the EPA is a bad thing, or that the free market can take care of everything (it can't). I don't want someone who's just fine with businesses being racist, and doesn't think the government should provide education.

      I don't want Ron Paul. He's a fucking lunatic, a half-baked 12 year old's answer to problems, who has never thought his policies through.

      He's no worse than the rest, but certainly no better. Don't hold him up as your new hope, because a Ron Paul America would be a real shithole.

    148. Re:5th Amendment by Swave+An+deBwoner · · Score: 1
      According to this Wikipedia article http://en.wikipedia.org/wiki/Anwar_al-Awlaki he was in fact tried and convicted within the Yemenite legal system for exactly the stuff he was reported to have been assasinated for doing:

      Al-Awlaki was believed to be in hiding in Southeast Yemen in the last years of his life.[34] The Yemeni government began trying him in absentia in November 2010, for plotting to kill foreigners and being a member of al-Qaeda, and a Yemenite judge ordered that he be captured "dead or alive".[34][35]

    149. Re:5th Amendment by chill · · Score: 2

      The Cold War is convenient phrase to describe the political climate, not an actual â warâ. It is on the same level as the â warsâ on poverty, drugs and violence.

      --
      Learning HOW to think is more important than learning WHAT to think.
    150. Re:5th Amendment by MSG · · Score: 1

      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

      I highlighted the relevant part.

      If an unarmed person is "in actual service" in the Militia, then who is not? If no one is, then does this provision actually place any limits on the power of the government? If it doesn't actually limit the power of the government, did it need to be written?

    151. Re:5th Amendment by SerpentMage · · Score: 1

      By golly you are right darn it! So we better kill some of those Tibet protesters, since after all China is at war with Tibet and their protesters!

      Damm those Tibeteans that terrorized the Chinese and kicked them out:

      http://www.historyguy.com/tibet_china_wars_conflicts.html

      1911-1913--Tibetan Uprising --During the anti-Manchu Chinese Revolution, Tibetans revolt and force out the Manchu Chinese garrison. The surviving Chinese troops evacuate Tibet by way of British India.

      I am not saying that I like the guy who was pinged off! Not at all. What I am saying is that people like him should be brought to trial and made to answer for his crimes! By pinging him off the Chinese have just gotten rights to ping off whoever disagrees with them. Not a good precedent...

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    152. Re:5th Amendment by pjt33 · · Score: 1

      That clause isn't actually relevant, but even if it were it would mean that he could be sent to trial without a Grand Jury.

    153. Re:5th Amendment by Kreigaffe · · Score: 1

      So, huh.

      In your opinion this was done with literally no reason?
      In your opinion, this was because he was POLITICALLY opposed to.. something?

      Seems like reality might disagree. Seems like, in reality, this was a guy who had outright stated his goals were the killing of US citizens, the destruction of the US.

      Seems like, in reality, this guy took up arms against the United States with intentions of bringing about its downfall.

      So, in your opinion, the Civil War was an entirely unjust affair, then?

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    154. Re:5th Amendment by Anonymous Coward · · Score: 0

      Form your own party. Run as an independent. Don't want to run? Find someone who does, someone you like and who has policies you agree with, and help them to run.

      Shit wont change if all everyone does is complain on the internet. You live in a democracy, start acting like it.

    155. Re:5th Amendment by Raenex · · Score: 1

      And you realize a president can do none of those things.

      He is in control of the military. Presidents also have a lot of control on executive policy and appointments.

    156. Re:5th Amendment by blindseer · · Score: 1

      Compromise is what got us in this mess. We need to stop compromising on our principles.

      --
      I am armed because I am free. I am free because I am armed.
    157. Re:5th Amendment by Runaway1956 · · Score: 1

      Thank you, for spelling that out. I was thinking the same thing, but due to my lack of education in Latin, I didn't have the ipso facto to throw out there! *sigh*

      Alright, I'm finished being facetious.

      Anyone who doesn't understand that we ARE AT WAR, has been asleep since 9/11/01. I think that it's unfortunate that GWB derailed the war on terrorism, so that he could go after that evil sumbitch in Iraq - but that has no bearing on the fact that we were attacked. We suffered more casualties on 9/11, than we did in Pearl Harbor. FFS, people think we should just shrug it off, because Al Queda can't claim their own country? Damn - what will it take to convince them? Another 9/11, but with 3 million instead of 3 thousand casualties?

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    158. Re:5th Amendment by Curunir_wolf · · Score: 4, Insightful

      So we now have a perpetual "war on terror" and "war on drugs" and war on American citizens of all kinds, so we have an unending loophole to ignore human rights all over the world.

      Keep on saying "it can't happen here." Tyranny can gain control anywhere.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    159. Re:5th Amendment by tftp · · Score: 1

      Presumably the parent would have assassinated Hitler before the Nazi rise to power, not in 1939, on the assumption that doing so would stop WWII from happening at all.

      The World War II didn't begin because of wishes of one mostly crazy man. The reasons for the war were global, political, and they went very deep. Wikipedia lists 32 references on the subject, and each of them probably lists a hundred more.

      Removal of Hitler would probably result in a sane leader of NSDAP, one that would listen to his generals, one that would keep the peace with USSR (at least until he is ready to strike.) In reality there would be no good reason for Germany to attack USSR. I read an alternative history book just a couple weeks ago that explores a similar scenario. If USSR is rearmed with German weapons they'd be invincible as a unified fighting force. Germany was close to that all by themselves.

    160. Re:5th Amendment by dryeo · · Score: 1

      What about the situation where Canadian law does not allow extradition and we have a government that follows our laws?
      FYI it is illegal in Canada to extradite someone to a situation where they may be put to death, tortured, or the likely sentence is way out of line with Canadian law.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    161. Re:5th Amendment by Curunir_wolf · · Score: 1

      End of discussion as far as the courts are concerned. What part of 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 don't you understand?

      Maybe the part where the President declared he was to be killed on site (basically he put out a "hit"), and the guy was shot down by an unmanned drone while running away?

      It's going to be really fun when that "jobs" bill gets passed, and they create the new pilot-less aircraft control system - then they can fly their drones all over the place, in-country included, without danger of them colliding with the commercial jets...

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    162. Re:5th Amendment by Bob9113 · · Score: 1

      has indeed publicly renounced his US citizenship.

      Citation?

    163. Re:5th Amendment by budgenator · · Score: 1

      Well considering how the Police have been handling crowd control at protests in Philly and NYC, not long. Pretty bad when a pinko commie President like Obama does the same shit that Nixon did.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    164. Re:5th Amendment by RoFLKOPTr · · Score: 1

      There's a huge difference between China vs Tibet and US vs Al Qaeda. China took control of Tibet and Tibet wants independence. The US was attacked by a terrorist organization that wants America to crumble. We don't have the authority to go into a country and arrest somebody to take them to trial. If Awlaki had come to the US (or an American embassy) and turned himself in, then he would be on trial. But this was a military operation with the goal of killing him because we had no other way of bringing him to justice and eliminating his influence over al Qaeda and other radical terrorist groups.

      The China vs Tibet situation is much more like that whole England vs The Colonies debacle that happened in the late 1700s. I don't really remember the details -- I was pretty young at the time -- but something about the colonies wanting independence from the oppressive English government so England sent a bunch of military forces to the colonies, the colonies fought back and won and now they're known as the United States of America. If you're saying England should have instead arrested all our leaders and brought them to trial rather than trying to kill them, I think there would not be a United States.

    165. Re:5th Amendment by Runaway1956 · · Score: 1

      Jiro already jumped on that nonsense. But, allow me to add, that our history books are filled with the adventures of "irregulars" who served such nations as China, in the air, on land, and at sea, both before and after the United States was attacked at Pearl Harbor. There's no such law, Bubba.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    166. Re:5th Amendment by Curunir_wolf · · Score: 2

      When it comes to US citizens, it is more of a problem, even though the Constitution doesn't differentiate "citizen" and "person".

      This IS the precedent for that, as al-Awlaki was a US Citizen.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    167. Re:5th Amendment by Anonymous Coward · · Score: 0

      maybe you should read then constitution and understand the people who wrote it were labelled terrorists too.
      you are far outside the bounds of understanding anything much less the US constitution (you know, the paper you have sworn to uphold). the reason nazi germany came to exist was because of people like you who did not understand the point of a slippery slope is that its slippery. its easy to go down but not come back up. pretty soon the terrorists will be tea party members and the drones will be launching strikes inside the US. and that would be accepted by everyone, because everyone is a terrorist and that would never happen to you, correct ?
      and by the way what about the 4 other people who died in the other vehicle which the drone hit ? were they guilty too or were they random people in a random car which just happened to be driving on the same stretch or road ? or is that collateral damage and acceptable too ? lets kills 8 people in two vehicles, two of which are "guilty" in one vehicle (the other vehicle and all the other people are acceptable collateral damage, of course - we dont know who they are but they were "terrorists" and "enemy combatants" and "bad" people who should be blowed up cuz we say so and they werent white but sand niggers who deserve to die anyway) and not call it murder which it is.
      whats the difference between the US state sponsored terrorism which kills people on foreign soil through drone strikes and terrorists like al qaeda who blow people up randomly ? not much. after all al qaeda also justifies US targets as collateral damage when it tries to take out political states which are pro-US.

    168. Re:5th Amendment by budgenator · · Score: 1

      al Qaeda does represent a significant public danger.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    169. Re:5th Amendment by tftp · · Score: 1

      Yemen has a 1st amendment?

      It doesn't matter because Yemen had no grievances toward the guy.

      The USA had a problem with Mr. Awlaki speech. As an US citizen he had the 1st Amendment protection - at least between the US government and him.

      Not all speech is protected, though. There are numerous examples; incitement to riots, for example, is not legal. However those violations are crimes, not war.

      What is the definition of "waging war against the country," by the way? What is the line that separates a riot from a war? Does it require uniforms? Does it require a hierarchy and discipline? Does it require state support? I don't know. As I see it, AQ is an international gang, a mafia. The only difference is that AQ has political aims in mind, not just financial. But the methods are all the same. The US mafia wasn't particularly gentle; it could mow down a few bystanders just for a good measure.

      The problem of inconvenient agitators hiding abroad is not unique to the USA. Many countries have this problem. Recall Leon Trotsky who was writing a very undesirable book in Argentina. Stalin had him killed. Israel had problems with various people abroad; they were killed or kidnapped. None of that is exactly legal. If it were, we should apologize to Stalin's ghost that we thought he erred in that icepick episode.

    170. Re:5th Amendment by Runaway1956 · · Score: 1

      It might be good to point out that war has evolved, through the ages. What we call "conventional war" today, would have been considered terrorism long, long ago. Remember, the English army basically accused the Continental army of cowardice and terrorism, because the Americans wouldn't stand in ranks, and exchange volleys with the English.

      So, war evolves. Non-state actors can now take on world powers, while hiding in the shadows. Do you think we should evolve our methods of warfare, or should we just succumb to those non-state actors?

      I kinda like being a live American, thank you. I think that I'll choose to evolve our methods of warfare, to meet today's challenges.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    171. Re:5th Amendment by Runaway1956 · · Score: 1

      Just what IS this "justice system" you go on about? We have a Department of Justice. That department does NOT go about killing people with drones. I've never heard of such a thing - and if you have, I'd love to have a link to the evidence.

      In this case, the Department of Defense was authorized by the Commander in Chief to eliminate a high value military target. Justice? Since when was war ever "fair" or "just"?

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    172. Re:5th Amendment by budgenator · · Score: 1

      They also have to file the paperwork with Peggy over at USA Prime credit.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    173. Re:5th Amendment by Anonymous Coward · · Score: 0

      No. Fuck Anwar al-Awlaki and fuck you too.

    174. Re:5th Amendment by Ost99 · · Score: 1

      ^^
      He was a US citizen.
      A US citizen was executed by the US government without trail.
      His alleged crime seems to have been protected speech under the 1st amendment.

      --
      ---- Sig. gone.
    175. Re:5th Amendment by Tom · · Score: 1

      There's just two problems here:

      a) Congress has not actually declared war. The 5th explicitly says "War", not "military operations". Bush went to great lengths to fight a war without it being a war.

      b) You can't declare war on a "group". War by definition is an armed conflict between states or nations.

      Now I do agree with you in principle that in war we don't consider courts and legal details for the enemy leadership, we view them as military targets. The problem isn't that you're not right - in principle. The problem is that the US government has been playing dirty with those principles. You can't ignore them when you like and then base your arguments on them when it's convenient. Either you play by the rules, or you don't get to appeal to the rules.

      --
      Assorted stuff I do sometimes: Lemuria.org
    176. Re:5th Amendment by circletimessquare · · Score: 0

      maybe you should read then constitution and understand the people who wrote it were labelled terrorists too

      i stopped reading here. anyone whose idea of logic involves such a sentence is without intellectual merit. but i will say this: if this mental diarrhea is something you actually believe, i encourage you to put your money where your mouth is and go to yemen and fight with those who stand with awlaki

      moron

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    177. Re:5th Amendment by msobkow · · Score: 1, Insightful

      Protection from the arbitrary decisions of the leadership is exactly what the 5th is supposed to protect citizens from. You're right -- there is no "slippery slope." Obama's administration leaped over the cliff and willingly ignored the constitution. Again.

      --
      I do not fail; I succeed at finding out what does not work.
    178. Re:5th Amendment by DarkOx · · Score: 1

      That is been the other issue with the legal foundation for this entire war on terror thing and much of what is in the PATRIOT act as well.

      Our Constitution mentions exactly ONE specific crime, Treason.

      Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

      The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

      Clearly the founders were concerned enough with people committing seditious acts against the state to address it in the founding document! They were also concerned enough about the accusation being abused to require a very high burden of proof, and make sure that was put into the document which is supposed to be superior to all other law. Finally they give Congress the power to set the punishment. I guess we all missed the resolution where Congress decided the punishment for Treason was death by drone strike!

      Using all these other laws to prosecute an punish what really amounts to Treason if the accused are guilty rather than charging them with Treason seems to me to be an end run around the intent of our Founding Fathers on the matter of this type of crime.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    179. Re:5th Amendment by Anonymous Coward · · Score: 0

      Are you claiming that all wars are unconstitutional? Because the U.S. deprives plenty of persons of life during war. The amendment says nothing about being a citizen.

      It seems to me that the amendment is incomplete so an argument relying on a literal interpretation is insufficient.

    180. Re:5th Amendment by agw · · Score: 1

      There seems to be a lot of cherry picking going on.

      So if (in your country) suspected terrorists hide abroad it's okay to send drones to kill them? I wonder what the U.S.A. will have to say when the first Russian drones kill some suspected Russian "terrorists" hiding in New York. I'm sure those terrorists want Russia to crumble and I'm sure they would not try to turn themselves in at the Russian embassy.
      But I guess that would be different because local Police forces in Yemen, Pakistan and other somehow always had been voluntarily leading the effort, while the US was only providing some technical help.

    181. Re:5th Amendment by NoOneInParticular · · Score: 1

      You're at war? With whom? A couple of individuals? No really: at war with individuals? Not countries? Individuals? And you're using your army? Against individuals? That's pathetic. Al-Qaida is tiny. The mafia is much bigger, and we don't put the military on them (and the mafia does way more damage). You are giving these guys waaay too much credit, and they revel in it. If you would simply beef up local police and Interpol, you would be in a much better shape. To fight nations, you need an army. To fight individuals you need police. This is stupid.

    182. Re:5th Amendment by riverat1 · · Score: 1

      The man was a US citizen. They should have at least held a proforma trial in absentia before executing him.

    183. Re:5th Amendment by budgenator · · Score: 1

      The Posse Comitatus Act is a United States federal law (18 U.S.C. 1385) passed on June 18, 1878, after the end of Reconstruction, with the intention (in concert with the Insurrection Act of 1807) of substantially limiting the powers of the federal government to use the military for law enforcement. The Act prohibits members of the Army from exercising nominally state law enforcement, police, or peace officer powers that maintain "law and order" on non-federal property (states and their counties and municipal divisions) within the United States.
      The statute prohibits Army and Air Force personnel and units of the National Guard under federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress. The Navy and Marine Corps are prohibited by a Department of Defense directive, not by the Act itself.[1][2] The Coast Guard, under the Department of Homeland Security, is exempt from the Act. Posse Comitatus Act;

      So you'll note that the National Guard is only covered when under federal control, not when under state authority; that's why then Gov. Bush could assign the Tx NG to support the FBI/BATF operation in Waco.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    184. Re:5th Amendment by agw · · Score: 1

      This is interesting. So if the terrorist is on the soil of a nation that corporates with you, you ask to arrest him and ask for extradition.
      So is Yemen a country that corporates with you or not? If not, then this seems to render some other arguments mood.

    185. Re:5th Amendment by nbauman · · Score: 4, Insightful

      You should have known when the Democrats at their convention in Boston herded demonstrators off the street, and restricted them to a "free speech zone" surrounded by barbed wire, that the free speech wouldn't be the Obama Administration's greatest accomplishment.

    186. Re:5th Amendment by budgenator · · Score: 1

      Cold war, what cold war, are you implying we were at some kind of war with our Soviet Allies from WWII? Were all of those cars with Soviet Military Liaison license plates I saw while station in Germany, the enemy?

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    187. Re:5th Amendment by hairyfeet · · Score: 2, Interesting

      Except we had an easy way to not shred the constitution and give the president a blank check to kill ANYONE but the POTUS and the ones at the top simply ignored it....trial in absentia. We've had trial in absentia for many decades FOR A REASON and that is so even those who are not currently in our jurisdiction can have their rights. Once he was found guilty in absentia they could have done whatever it took to bring him to justice.

      Nope just another case of giving those at the top more power than the constitution ever allowed. Sadly it truly is nothing but a worthless piece of paper, thanks to those like Bush and Obama that simply ignore it. And for those that think it can't happen here? two words...Fred Hampton

      --
      ACs don't waste your time replying, your posts are never seen by me.
    188. Re:5th Amendment by Anonymous Coward · · Score: 0

      so by your argument its ok to launch a hellfire into the middle of times square to kill an SUV carrying a member of al quaeda ?

      Of course it is. By your argument, it would not be ok to send in the army if al-Qaeda had 100,000 members marching through Times Square beheading all the immodestly dressed women and killing any Jews in sight. Be it 1 soldier or 100,000, they are an enemy power in a time of war and military force is acceptable. There are better ways of handling one single enemy soldier, but that does not speak to the unquestionable legality of using military force against the force of a foreign power operating on your own territory.

      I disagree with the killing of a top Al Qaeda figure in a neutral 3rd country with no due process, yes.

      al-Qaeda's presence rescinds Yemen's claim to neutrality. Read the Hague Conventions. Neutral countries are required to keep combatant forces and recruiters off their territory. The more complex reality is that al-Qaeda has invaded and conquered a chunk of Yemen, making it al-Qaeda territory that Yemen has a competing claim to.

      As for due process, al-Qaeda declared war on the US in 1996.

    189. Re:5th Amendment by Anonymous Coward · · Score: 0

      but it is still a slippery slope.

      I don't think this is "slippery" at all... this is a clear case of someone who was an enemy of the state operating from within a nation where we are already fighting militarily.

      where do we draw the line?

      You don't draw "a line", because it's a subjective decision. You leave it up to the Commander-In-Chief. If he's "wrong", he pays for it either politically or through the actions of Congress or the courts.

      Line? The line was crossed on 9/11. In this case, the end truly justifies the means. Did the victims of that tragedy get due process?

    190. Re:5th Amendment by Ironchew · · Score: 1

      There is a set procedure for changing superior laws; not following it is treason.

      Speaking of superior laws, the U.S. Constitution doesn't consider that treason:

      "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."

      Of course, there is a set procedure for changing that.

    191. Re:5th Amendment by TheLink · · Score: 3, Insightful

      I don't think anybody in their right mind believes that the process (review, oversight etc) guarantees justice.

      If you're so confident the courts etc will "sign off" on this then why doesn't the Gov just make a good show of the "due process"?

      If you're a US citizen this should trouble you. As for the rest of the world, I daresay most of us already distrust the US Gov. US citizens may also distrust the US Gov, but if the Gov at least pretended to regard that "piece of paper" and etc highly, they'd at least have to work harder to screw you all.

      You keep letting them get away with ignoring the "piece of paper" and "due process", you'd be in trouble.

      Having your day in kangaroo court is still better than being assassinated/executed at any convenient time.

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    192. Re:5th Amendment by Anonymous Coward · · Score: 0

      OP and above poster have made the fatal mistake of applying only the legal statutes "on the books" in analyzing the case at hand. The US is not a civil law country - it's a common law country (except for Louisiana). The 5th Amendment has been consistently interpreted by courts as allowing this type of military action throughout US history - in a common law country, that's just as important as the Amendment itself, if not more so. End of discussion (as far as I'm concerned).

    193. Re:5th Amendment by agw · · Score: 1

      Einstein traveling back in time to kill Hitler in 1924? You can read all about that scenario here: http://en.wikipedia.org/wiki/Command_%26_Conquer:_Red_Alert#Setting_and_story

    194. Re:5th Amendment by I+Read+Good · · Score: 1

      I really wish I could mod you up higher. You're the only person I've seen get it right so far.

    195. Re:5th Amendment by ukemike · · Score: 1

      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

      I highlighted the relevant part.

      OMG!! No one told me! When did we declare war on Yemen?!?

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    196. Re:5th Amendment by I+Read+Good · · Score: 1

      Jihad = "struggle"

    197. Re:5th Amendment by jbengt · · Score: 2

      The bit you seemed to only just glance over:

      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

      Which seems from the context to be meant to allow the armed forces to hold a court martial in times of war or rebellion without needing to convene a grand jury, not to allow an assassination. (Assassination, even if not unconstitutional, is explicitly illegal by act of Congress.)

      The bit you seemed to only glance over:

      . . . nor shall any person be . . . deprived of life, liberty, or property, without due process of law

      (IANACL, YMMV, etc.)

    198. Re:5th Amendment by Anonymous Coward · · Score: 0

      This guy didn't fight, just said things the CIA didn't like.

      So to you "fighting" only means physical activity? Conspiring with a bomber to blow up a bomb hidden in ones underwear does not, in your world, count as "fighting"? Fool.

      Stop fighting me or I'll have to kill you.

      Xevioso, I have emailed you sourcerror's real name and home address. Show me his obituary and I'll buy you lunch.

    199. Re:5th Amendment by a+whoabot · · Score: 3, Insightful

      Except that there is no evidence he was a combatant or a spy! What combat was he involved in? What spying did he do? There is no evidence that he was a member of Al-Qaeda except innuendo. There is no evidence that he was involved in training missions. There is innuendo, the worst possible evidence, that he recruited people and that is all. Or there is this claim from US officials that they have evidence that he had an "operational role" in terrorist activities, but they leave this completely undefined.

      He stopped being a citizen because he merely said he renounced his citizenship? That is not how you lose US citizenship.

      In my opinion, the US executive branch, be it Obama or his underlings, murdered a US citizen.

      But if you want to contradict me, you can send me some citations and I'll reconsider. Don't just send me to the Wikipedia page though where too often their citations do not match up with the claims made.

    200. Re:5th Amendment by jbengt · · Score: 3, Insightful

      The Cold War was definitely not a war.
      Neither was the war on poverty.
      Nor the war on drugs.
      Nor the war on terrorism.
      Metaphors, all - unless you insist on changing the definition of war.

    201. Re:5th Amendment by Alex+Belits · · Score: 1

      Cold War was not a war, it was a political stance, just like "war on poverty". For what it's worth, it never ended, either -- US is still actively undermines and tries to take control over everything it considered "hostile" in Cold War.

      --
      Contrary to the popular belief, there indeed is no God.
    202. Re:5th Amendment by Pi1grim · · Score: 1

      Let me guess, you have no idea what communism is, since you're calling democrat a commie?

    203. Re:5th Amendment by DaleSwanson · · Score: 2

      Please reread that carefully (Emphasis mine):

      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

      That is talking about people who are in the armed forces, and serving during a time of war. In that case those people (US service members) have the grand jury requirement waived. Also note that it is only about the grand jury requirement, not due process.

      Also note this clause:

      No person shall be ... deprived of life, liberty, or property, without due process of law

      That one is pretty unambiguous, and has no qualifiers. There is no legal reason for the government to deprive someone of life without due process.

    204. Re:5th Amendment by Anonymous Coward · · Score: 0

      I'm pretty sure this guy probably wasn't in a "battlefield" pointing a gun at US soldiers at the time of his death.

      He was most likely in his house asleep when a bomb with his name fell on it, posing no immediate threat with no valid reason to ignore his inalienable 5th amendment rights.

    205. Re:5th Amendment by jbengt · · Score: 1

      someone could be forcibly conscripted into a foreign military.

      That reminds me that when I was a teenager, my next-door neighbor was drafted by the French army when he turned 18. Turns out that even though he lived all his life in the USA, and the US considered him a US citizen, France considered him a French citizen since his mother was French (WWII bride of a US soldier). He never went into the French army, of course; I think he had to officially denounce his French citizenship.

    206. Re:5th Amendment by Pi1grim · · Score: 1

      Except the analogy is wrong. If it's war — then it's war and you send bombing missions, drones, tanks and whatnot to win it. There is a reason why extreme measures are allowed during the time of war. And there are reasons why they are not allowed during the peace time and there is a due process to declare a war.
      Besides, with all this fuss about terrorism we are yet to see any results. Well, besides eroded personal rights and security theaters.

    207. Re:5th Amendment by FShort · · Score: 1

      Granted he was a US citizen but what does the law say about treason during times of war? Certainly his acts were treasonous and was dealt with accordingly.

    208. Re:5th Amendment by LtGordon · · Score: 1

      Regarding "public danger", your chance of being killed by a terrorist has never been greater than your chance of being killed by a washing machine.{{Citation needed}}

    209. Re:5th Amendment by Chris+Mattern · · Score: 1

      But the amendment doesn't require war. "Time of public danger" is good enough.

    210. Re:5th Amendment by jfengel · · Score: 1

      He didn't formally renounce his citzenship. His attacks on the US could be interpreted as a renunciation of citizenship, but as far as I know there's no court case deciding that.

      It might be that this results in a process by which a US court revokes somebody's citizenship for them, without a declaration, but it would be better if there were legislation to achieve that.

    211. Re:5th Amendment by couchslug · · Score: 1

      That doesn't refer to ENEMY personnel, which definition in no logical or legal way excludes "citizenship".

      No one doubts Awlaki was participating in actions against the US as a member of an enemy combatant organization. One can lawfully destroy supply and support personnel just as one may strike an armed force moving towards ones tactical position.

      Under your definition, one couldn't shoot at Confederate soldiery because they hadn't been detained and tried first!

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    212. Re:5th Amendment by binarylarry · · Score: 0

      Good point.

      I just did a quick google search and it appears he was tried in absentia by the Yemenis and some kind of "capture or kill" order was put out on him.

      --
      Mod me down, my New Earth Global Warmingist friends!
    213. Re:5th Amendment by couchslug · · Score: 1

      The Yemeni government wanted him too. We didn't attack Yemen, we attacked an enemy located in Yemen.

      In war, combatant forces and leadership decide who to target. If this offends you, join the fight on your side of choice.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    214. Re:5th Amendment by couchslug · · Score: 1

      Peace is peace and asymmetric war is war.

      Earnestly pretending that the US is not at war with Jihadists who make no such pretense that they are not at war with the US is absurdly silly.

      Read Awlaki's speech "Constants on the Path of Jihad" and decide for yourself.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    215. Re:5th Amendment by RoFLKOPTr · · Score: 1

      There seems to be a lot of cherry picking going on. So if (in your country) suspected terrorists hide abroad it's okay to send drones to kill them? I wonder what the U.S.A. will have to say when the first Russian drones kill some suspected Russian "terrorists" hiding in New York. I'm sure those terrorists want Russia to crumble and I'm sure they would not try to turn themselves in at the Russian embassy. But I guess that would be different because local Police forces in Yemen, Pakistan and other somehow always had been voluntarily leading the effort, while the US was only providing some technical help.

      We wouldn't like any military action happening in our country and would retaliate if Russia ever did something like that. But it wouldn't happen because we would likely help Russia and use our own resources to help locate, arrest, and extradite any terrorists for proper processing in the country where they committed the crimes.

      There's another big difference here that you fail to see. The US is one of very few countries involved in large-scale terrorist operations that does not frequently have deadly military and insurgent activities occurring on home soil on a regular basis. Yemen is crawling with such activity and one drone killing one individual barely registers a blip on the military/insurgency violence radar. If Russia were to send a drone here to kill a Russian terrorist it would be perhaps the first foreign military action to take place on American soil since World War 2.

    216. Re:5th Amendment by Anonymous Coward · · Score: 0

      Uh, there were clearly votes to go to war against Iraq and Afghanistan. In fact a large quantity of democrats voted for both.

    217. Re:5th Amendment by murdocj · · Score: 1

      As you say, "in time of War or public danger"... any questions?

    218. Re:5th Amendment by varmittang · · Score: 1

      http://wiki.answers.com/Q/Which_countries_have_no_extradition_treaties_with_the_United_States

      Yemen barely has a gov't, let alone an extradition treaty with the US.

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    219. Re:5th Amendment by the+eric+conspiracy · · Score: 1

      Go read the AUMF.

    220. Re:5th Amendment by couchslug · · Score: 1

      "It doesn't matter because Yemen had no grievances toward the guy. "

      Liar. Yemen had a warrant for Awlaki "dead or alive" since 2010.

      http://www.aknews.com/en/aknews/8/193964/

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    221. Re:5th Amendment by varmittang · · Score: 1

      The FBI have been arresting terrorist on US soil, no military involved.

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    222. Re:5th Amendment by anagama · · Score: 3, Insightful

      The irony here is that all the civil liberties African Americans fought and even died for in their quest to be treated equally under the law, are being thrown out by an African American president.

      --
      What changed under Obama? Nothing Good
    223. Re:5th Amendment by misexistentialist · · Score: 1

      The Nazis did execute priests who objected to occupation, but I don't think we want to end up on that side of the analogy.

    224. Re:5th Amendment by anagama · · Score: 5, Insightful

      It's been argued that he aided and directed the underwear bomber and some of the 9/11 hijackers.

      Two points:

      Bullshit and Bullshit.

      As to the first piece of bullshit, show me where in the Constitution it says, "When accused by police, you are presumed guilty and will be executed."

      As to the second, Al-awlaki was a moderate cleric invited to speak all over WA DC after the 9-11 attack. What turned him from moderate to radical, is the unrelenting slaughter of innocent people. Even _I_ think the US is evil for doing that and I'm just an average white guy atheist whose very immune to any arguments relating to crusades or jihad.

      Your comment demonstrates exactly why this is so dangerous. Unsupported allegations now are considered proof in your mind. The constitution requires more than that and for good reason, but if this is what is to pass as evidence in America, it's fricken over. We've passed into the dictatorship stage.

      --
      What changed under Obama? Nothing Good
    225. Re:5th Amendment by anagama · · Score: 2

      All this part says is that if you are in the military, you don't get to have all these rights. Last I checked, Al-awlaki was not a member of any branch of the US armed forces.

      --
      What changed under Obama? Nothing Good
    226. Re:5th Amendment by shutdown+-p+now · · Score: 1

      Note also that the guy in question is an American citizen (silly, but still).

      To that extent, it's worth remembering another story. Mordechai Vanunu, no matter what your personal moral assessment of his actions, undeniably committed treason by the law of the State of Israel, and causes quite real and serious damage to their state security. Needless to say the government was pissed off - so much so that they were considering assassinating him abroad to make a point.

      But they didn't - they went to the expense of kidnapping him in a different country and bringing him into Israel so that they could hold a trial. Why? Because, in the words of then-head of Mossad, "Jews don't do that [kill] to other Jews."

      This in a country which has been in a pretty much permanent state of war, with brief interruptions, ever since its foundation - not the fake 'war on terrorism', but a very real one, with people dying every month. Perhaps U.S. could learn something from these guys.

    227. Re:5th Amendment by anagama · · Score: 1

      There's a huge difference between China vs Tibet and US vs Al Qaeda. China took control of Tibet and Tibet wants independence.

      One word: Iraq

      Did we not take control? Do you think the people actually like having us there killing innocent people day in and day out? It's like 9/11 24/7 there. We're WORSE than China. Seriously, at least Tibet isn't halfway around the world -- it's right on the border with China. I'm not excusing China mind you, but our occupation of Iraq is a much more egregious example of imperial hubris than China's occupation of Tibet.

      --
      What changed under Obama? Nothing Good
    228. Re:5th Amendment by shutdown+-p+now · · Score: 1

      It depends. Is he actually a military commander - i.e. does he give orders that, ultimately, lead to military action? Or is he just a propaganda figure, exalting the virtues of Jihad and dying for Allah?

      In WW2, priests would bless soldiers marching to the front lines, but they were still considered civilians. An enemy combatant is the guy who's actually shooting at your troops, or the guy who gives other guys orders to do so.

      Then also, WW2 was a "total war", where rules were different (with said difference largely initiated by the Germans with bombings of civilians in UK, and large-scale massacres of civilians and mistreatment of POWs on the Eastern Front).

    229. Re:5th Amendment by anagama · · Score: 1

      I wish it would happen, then the idiots who keep up the crap in the Iraq and Afghanistan might have enough of a "Red Dawn" moment to understand that when foreigners invade, the locals fight back. This assumes they'd have the insight to see the folly in their own actions, which is unlikely given how obvious it is that we're making our own enemies.

      --
      What changed under Obama? Nothing Good
    230. Re:5th Amendment by shutdown+-p+now · · Score: 1

      this is a clear case of someone who was an enemy of the state operating from within a nation where we are already fighting militarily.

      I think the question at hand is: who had decided that the guy is an "enemy of the state"? If it was a court, with the judge looking at the presented arguments and concluding that, yes, this guy is indeed an enemy combatant, then there is no problem. If it was a unilateral decision by the executive, that's a different story.

      And this isn't the same as when you kill a person who's shooting at you on the battlefield. The very act of doing so - or, in a regular conflict, wearing an enemy uniform - is sufficient to classify one as a combatant; no-one is disputing that. But this isn't the case here, so far as I can tell.

    231. Re:5th Amendment by shutdown+-p+now · · Score: 1

      Attacking external combatants who happen to hold an own-side passport is well within the accepted law of war.

      True. Now, can you point out what, specifically, made Awlaki a "combatant"?

    232. Re:5th Amendment by gtall · · Score: 1

      Uh...try under Clinton. Janet Reno, Clinton's Attorney General made the decisions at Waco, not Bush.

    233. Re:5th Amendment by anagama · · Score: 0

      Let's hope it gets modded into the oblivion it deserves again.

      It's all a bunch of fantasy hypotheticals when today, the President can decide to murder any American anywhere without every having to prove anything at all. Eventually, we'll see lots of blood after each election as the previous party line becomes the new thought crime.

      Shame on you for lending your support to the destruction of America.

      --
      What changed under Obama? Nothing Good
    234. Re:5th Amendment by superwiz · · Score: 1

      Article 1. Section 9:

      "...The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it..."

      Since the individual in question voluntarily left the country and provided training to those who would target American military personal, his actions fall within the language of "cases of rebellion." Section 9 clearly distinguishes those actions which are crimes (in response to which the privilege of the Writ of Habeas Corpus is not lost) and those which are more severe and require more urgent and less measured response. This is precisely why Lincoln could legally prosecute the Civil War. By declaring the Confederacy a rebellion, he was able to suspend the Writ of Habeas Corpus of the rebels. Anyone taking up arms against he US government can legitimately be considered a rebel. And rebels DO NOT enjoy the privilege (not right, but PRIVILEGE) of a court hearing (that's essentially what the Writ of Habeas Corpus is -- a written order to have a court hearing).

      Constitution is not just your favorite line in it. It's all of it.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    235. Re:5th Amendment by anagama · · Score: 3

      Yeah so? So does every serial killer or drunk driver. That doesn't change the fact that they get a trial.

      Besides, now that the president has carte blanche to kill anyone he wants without any proof or evidence, guess who's the real danger to Americans.

      --
      What changed under Obama? Nothing Good
    236. Re:5th Amendment by superwiz · · Score: 1

      You don't need a declaration of war to recognize a group of people as "rebels" in the sense of Article 1, section 9. Since rebels are NOT entitled to the privilege of the Writ of Habeas Corpus, they may targeted as military targets.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    237. Re:5th Amendment by murdocj · · Score: 1

      What part of "a country can't claim to be neutral when it's harboring a belligerent" is fantasy hypothetical?

    238. Re:5th Amendment by RoFLKOPTr · · Score: 0

      us there killing innocent people day in and day out?

      Excuse me? Care to cite your sources? Or are you just regurgitating whatever propaganda the anti-war protesters throw at you?

    239. Re:5th Amendment by Thing+1 · · Score: 1

      He didn't formally renounce his citzenship. His attacks on the US could be interpreted as a renunciation of citizenship, but as far as I know there's no court case deciding that.

      We brought Timothy McVeigh, the bomber of the Oklahoma City FBI building, to trial. We did not decide that "his attacks on the US are a renunciation of citizenship". He is not logically different; therefore, the only difference is political (== fake).

      --
      I feel fantastic, and I'm still alive.
    240. Re:5th Amendment by anagama · · Score: 1

      Al-awlaki was not a member of any branch of the US armed forces so it is completely irrelevant. Secondluy, the phrase "nor be deprived of life, liberty, or property, without due process of law" is a completely independent clause. The exception you highlight applies only to the first sentence.

      --
      What changed under Obama? Nothing Good
    241. Re:5th Amendment by russotto · · Score: 1

      Granted he was a US citizen but what does the law say about treason during times of war? Certainly his acts were treasonous and was dealt with accordingly.

      Treason against the US consists of making war against the US, or adhering to its enemies, giving them aid and comfort. If you catch someone committing treason, you can bring him to trial. This does not mean that you can't just kill them in the act under some circumstances.

    242. Re:5th Amendment by ace37 · · Score: 1

      First, his killing was authorized by the President months ago. Awlaki's father and a few civil rights groups objected, but why is the general public only reacting to this now that he's been killed?

      Second, Congress authorized Operation Enduring Freedom against al-Quaeda on 9/14/01 as S.J. Res 23. Whether or not you support or agree with that action or the current status, it can be argued that this killing would fall under the OEF authorization. Awlaki is currently a high level Al-Quada operative (read: terrorist) and has links to 9/11. The text of SJ Res 23 is available at: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ040.107

      SJ Res 23, Sec 2a
      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.

      So if Pres. Obama "determines" Awlaki "aided" the attacks on 9/11/01, he is authorized to use "all necessary and appropriate force." Now, maybe that works, maybe it doesn't, but he's at least got an argument to defend himself with--this wasn't a simple, out of the blue call to assassinate someone.

    243. Re:5th Amendment by tftp · · Score: 1

      You are right. However the warrant is not related to US sins of the guy. Whatever. I didn't know about the warrant.

    244. Re:5th Amendment by anagama · · Score: 1

      You have no knowledge he was an enemy of the state. You only know what the government tells you. That's not knowledge, that's being a good little sheep.

      Secondly, it is totally true that he spoke angrily about the US. Here, let me do that too: The US and its policies in Iraq and Afghanistan are pure are evil.

      Shall I be executed? Do I not have a 1st amendment right to my opinion? Aw-alaki was murdered for thought crimes and unsubstantiated allegations. If you don't see that as dangerous, you're a fucking idiot.

      And finally, no commander in chief will ever pay for their crimes. Obama assured everyone in the CIA right after he was elected that their war crimes would be forgiven. So in the end, you're argument boils down to "The President can kill anyone and there's nothing you can do about it."

      That's anti-America, unpatriotic, and shameful. You should feel deep shame.

      --
      What changed under Obama? Nothing Good
    245. Re:5th Amendment by Anonymous Coward · · Score: 0

      Also, the declaration of war must be against a soverign nation

      What? No, you do not have permission to invent some arbitrary new restrictions on reality.
      The easy and obvious rebuttal: If war could only ever be declared against a sovereign state, that would make it illegal to side with the "official" state in any civil war or revolution.
      The easy and obvious tie-in: Al Qaeda is trying to overthrow numerous governments right now; of course we can declare war on them. They certainly haven't let their lack of an official UN-recognized sovereign state stop them from declaring war on everyone else!

    246. Re:5th Amendment by devent · · Score: 1

      Can you point out why is that important and why deserve the 5 Insightful? Because I didn't know that the USA is at war with the Al Qaeda, with is an organization of some people, not a country. Please further explain how you can declare war on an organization.

      The Al Qaeda is a terrorist organization, not a country. As such it have the full rights and their members shall be arrested and put on a trial. The "Drone Kills Top Al Qaeda Figure" is no different from "Drone Kills Top Bank Robber Gang".

      --
      http://www.mueller-public.de - My site http://www.anr-institute.com/ - Advanced Natural Research Institute
    247. Re:5th Amendment by f16c · · Score: 1

      "You should have known when the Democrats at their convention in Boston herded demonstrators off the street, and restricted them to a "free speech zone" surrounded by barbed wire, that the free speech wouldn't be the Obama Administration's greatest accomplishment."

      No to mention the recent events outside the exchange on Wall St. Sure we have free speech and the right to assemble. Just not both at the same time. You can say whatever you want in private but don't be public about it or in groups as that is too much of a threat to the current power structure. If you find a place to speak publicly we'll move the police line so we get a better chance to arrest you or to give you the pepper spray treatment.

      This has happened before. Then it was 1968 at the Democratic Convention in Chicago. It was shown on national television and those watching at the time were fairly evenly split between blaming the Mayor of Chicago and the hippies being beaten by the Chicago PD. Personally I blame Mayor Bloomberg for what happened on Wall Street. If he had not wanted the violence to occur and made it clear to the leadership of the NYPD that they would be investigated independently and there would be firings as a result then none of what happened would have happened. It is fairly clear from here that he either ordered the violence or encouraged it through the upper management ranks of the NYPD.

      --
      bob@Osprey:~>
    248. Re:5th Amendment by anagama · · Score: 2

      Are you a total retard or just too doped up on your "America Fuck Yeah" bong? The assertion that countless civilians have been killed is obvious beyond the need for citation. But how about a look at what some of our "heros" have done recently (I know abu ghraib is probably too far back for your memory).

      How about this group of Hero Soldiers in Afghanistan who murdered innocents for fun, took photos, and kept body parts as trophies: http://www.rollingstone.com/politics/photos/the-kill-team-photos-20110327/0859078

      Sadly, although he should have been executed, the latest in the group to be sentenced will get 7 years, 4 with good time, and credit for time served. If this happened in America, he'd be branded a serial killer and would get the death penalty in states that have it -- seriously, show the dried up finger he kept as trophy to a jury and they'd be wanting to inject him personally.

      Instead, since it was only innocent Afghanistans, fuck it, slap 'em on the wrist and call them heros. I tell you this, if an Afghan family member of one of the victims tracked Andrew Holmes down and blew his brains out, I'd be contributing to that family member's defense costs because justice sure wasn't served here: http://www.idahostatesman.com/2011/09/24/1811217/soldier-gets-7-years-in-afghan.html

      --
      What changed under Obama? Nothing Good
    249. Re:5th Amendment by Xebikr · · Score: 1
      What do you think separates us from 'them'? This killing was against the laws of the United States and as such was murder. The 5th amendment is what protects you, and any time the government disregards its own laws, you should be afraid.

      William Roper: So, now you give the Devil the benefit of law!
      Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?
      William Roper: Yes, I'd cut down every law in England to do that!
      Sir Thomas More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!

    250. Re:5th Amendment by anagama · · Score: 1

      Al Quaeda is an existential threat to America in the way a paper airplane is an existential threat to a battleship. There is no army marching in NY city hacking up women. Blah blah blah. The only thing we are doing right now is making darn sure that people will have a reason to hate us and want to hurt us. All this shit is making us less safe and shredding the constitution. It might take 100 years, but seriously, America is over. We are leaving the Republic stage and entering the Dictator stage.

      --
      What changed under Obama? Nothing Good
    251. Re:5th Amendment by devent · · Score: 1

      I you really believing that? This shit had served the USA to the world to justify their killings of civilians in Iraq and Afghanistan. We have already laws against terrorism and terrorism groups. The USA should have negotiated with Afghanistan for arrest him and his other Al Qaeda members; then the USA and Afgan police should have go and arrest him, if he resists, they are allowed to use deadly force.

      But of course that is too difficult, and it's just more easy to just send a drone and kill him without process. And then the USA wonders, why the half of the world hates Americans.

      What are the accusations of this Al Qaeda figure, the USA murder? That is he was just a member, did he planned anything, did he blow up something, did he even killed one? Where is the evidence, how can he defend himself if the evidence is false?

      Ah we just take the word of the DoD or the CIA that he was a "bad guy", and since we just declare him to a "Non-state actor" or "Asymmetric warfare" or some other bull shit we don't have to explain anything. "He was Al Qaeda, he was a bad guy, just take our word for it, why would we make shit up"

      Like you made shit up when you told there were WMDs in Iraq? Like you cover the Saudis in the involvement of 9/11?

      --
      http://www.mueller-public.de - My site http://www.anr-institute.com/ - Advanced Natural Research Institute
    252. Re:5th Amendment by anagama · · Score: 1

      Yeah and you're next. Because they say so. And no, you can't contest or even know the charges against you.

      --
      What changed under Obama? Nothing Good
    253. Re:5th Amendment by devent · · Score: 1

      That was not a death penalty, there was no process and no judge. That was an execution, plain and simple. An execution, by the US military of an US citizen. That means that your president is no better then Gaddafi. It will not help how you try to justify it by making shit up like "Non-state actor" or "Asymmetric warfare".

      --
      http://www.mueller-public.de - My site http://www.anr-institute.com/ - Advanced Natural Research Institute
    254. Re:5th Amendment by anagama · · Score: 1

      You got proof, I mean other than the unsubstantiated claims of our government, that Al-awlaki is guilty of anything other than speech? No you don't.

      So now we are in the situation where a person who says "The US Evil" is subject to execution without trial. There goes the first amendment, and the 5th. Which one should go next you un-American prick?

      --
      What changed under Obama? Nothing Good
    255. Re:5th Amendment by Anonymous Coward · · Score: 0

      Actually, terrorism can be considered covered "under the rules of war". The "rules of war" say you're treated one way if you respect them, another if you do not abide by them. Terrorists are treated like non-nation state combatants. A completely valid grouping.

      Regardless, if the general idea of what you were saying was true, that terrorism is not "under the rules of war", that does not preclude terrorism from being fought like a war. Just because there are laws that terrorists can be prosecuted with, does not preclude terrorism from being fought by the military as if it were a war.

    256. Re:5th Amendment by djp928 · · Score: 1

      He stopped being a citizen because he merely said he renounced his citizenship? That is not how you lose US citizenship.

      Actually, that's exactly how you do it. Except you have to do it in front of a US Consular, and there's a lot of paperwork to fill out too. So yeah, not exactly the same.

    257. Re:5th Amendment by kumanopuusan · · Score: 1

      You need to put a little more faith in the great man theory of history. Hitler may not have been the best strategist, but his charisma and ruthlessness effected the state of Germany before the war.

      --
      Use of the words "good", "bad" or "evil" is almost invariably the result of oversimplification.
    258. Re:5th Amendment by anagama · · Score: 1
      Give me a break. If a group of people proposed the violent overthrow of the American government in order to establish a new and distinct country within the old borders of the US, they would be called terrorists. How is that different from the colonists' acts?

      In the end, no universal conclusions, judgments or definitive statements can be made about the Sons of Liberty. Were they a terrorist organization? The British certainly believed they were. After all, the Sons were advocating overthrow of the status quo government and independence for the thirteen colonies. Were they a patriotic organization? Many American colonists certainly believed they were. The Sons represented to them the American freedom fighter personified, fighting for their rights and ultimate independence. It should be noted that the Loyalists also had their version of Committees of Correspondence and Sons of Liberty namely: the United Empire Loyalists.

      http://www.earlyamerica.com/review/fall96/sons.html Note the date is from 1996

      --
      What changed under Obama? Nothing Good
    259. Re:5th Amendment by couchslug · · Score: 1

      The AUMF was authorized BY CONGRESS, not the fucking press:

      http://news.findlaw.com/wp/docs/terrorism/sjres23.es.html

      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.

      Approved September 18, 2001.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    260. Re:5th Amendment by couchslug · · Score: 1

      AUMF for reference:

      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.

      Approved September 18, 2001.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    261. Re:5th Amendment by Anonymous Coward · · Score: 0

      Regular citizens are granted full protection of due process in all times.

      don't even attempt to think that this wasn't a violation of the constitution.

      I'll abridge to the pertinent bits for you: {No person, except in cases in the forces or militia in actual service in time of war, shall be deprived of life without due process of law}

      If you're the leader of an armed rebellion against your country, you are a valid target. The Constitution does not require every armed "rebel" to be captured. The fact that this is a global conflict makes understanding this even more important.

    262. Re:5th Amendment by anagama · · Score: 1

      A virtual +1 Insightful to you sir.

      --
      What changed under Obama? Nothing Good
    263. Re:5th Amendment by rohan972 · · Score: 1

      maybe you should read then constitution and understand the people who wrote it were labelled terrorists too

      i stopped reading here. anyone whose idea of logic involves such a sentence is without intellectual merit.

      Not necessarily. Both sought the creation of a state, the Ummah in the present case. As such they are not really non-state actors, or civilians, because they have taken it upon themselves to initiate a state. This is what differentiates Islamic terrorists from a domestic terrorist such as McVeigh, who was tried in a civilian court, despite the similarity of action. The killing of Anwar al-Awlaki was a military strike, not an execution. It is no more a violation of the 5th amendment than trying to disrupt an enemies arms supply is a violation of the 2nd amendment.

      The possibility of innocent people being killed does not transform this from a military issue to a civilian one. A comparison of the reactions to the founders of the US and Al-Qaeda doesn't have to imply moral equivalence.

    264. Re:5th Amendment by anagama · · Score: 1

      No one doubts Awlaki was participating in actions against the US as a member of an enemy combatant organization.

      Citation?

      Oh yeah right, there has been no presentation of evidence of any kind (although note, a fair trial is the only presentation that matters -- still, there's been nothing but the equivalent of the cops saying "He's a bad guy").

      No -- All we have is the President's word. Is that like the word that there were WMDs in Iraq? "Read my lips, No new taxes?" "I did not have sexual relations with that woman." Blah blah blah. If you think you can trust the government to be truthful, you are too retarded to be allowed to vote, drive, and possibly even walk.

      --
      What changed under Obama? Nothing Good
    265. Re:5th Amendment by RoFLKOPTr · · Score: 0

      us there killing innocent people day in and day out?

      I never said that an innocent non-combatant has never died at the hands of an American soldier, but you said we were killing innocent people on a daily basis and implied that we do nothing to avoid it.

      Sadly, although he should have been executed, the latest in the group to be sentenced will get 7 years, 4 with good time, and credit for time served.

      What? Jeremy Morlock was sentenced to 24 years in a federal prison, with eligibility for parole after seven, and dishonorable discharge from the military. The one year he spent imprisoned on remand is factored into his sentence. I agree that the sentence should have been life at least, but a plea bargain was made in which Morlock would also testify against four of his fellow douchebags. Again, do some of your own research rather than mindlessly regurgitating anti-war propaganda.

      Anything else you wish to cite? Please keep any further examples of innocent deaths at the hands of our military to actual ordered action rather than stupid things done by murderers who shouldn't be a part of our military in the first place.

    266. Re:5th Amendment by shentino · · Score: 2

      Nice strawman with the nazi party there.

      Unless one of those so called "traitors" starts killing people or launching attacks or spilling classified information or something, they are unpopular airheads with an unwelcome opinion, but nothing more.

      The only thing you mentioned that was worthy of action was intelligence mission.

    267. Re:5th Amendment by nbauman · · Score: 1

      I blame Bloomberg for a lot of abuses against the First Amendment. He did everything he could to prevent the two big demonstrations against the Iraq war, including not letting the demonstrators rally in Central Park, on the bullshit excuse that it would harm the grass.

      The one that annoyed me the most was a demonstration in support of single payer health care. This wasn't an unwashed rabble, we had local Congressmen like Jerrold Nadler speak. The Bloomberg Administration gave them a permit to hold a rally on 7th Ave. between 41st and 42nd -- on the sidewalk. The demonstration went down 7th Ave. for blocks, but they still had to stay on the sidewalk, on both sides of 7th Ave. The police let traffic -- buses and trucks -- drive through the middle of the demonstration. If you were on the opposite side of the street, or down the street, you couldn't hear what the speakers were saying.

      But get this -- Bloomberg closed down 7th Ave. and Broadway above 42nd St. for his pedestrian mall. So on the opposite side of 42nd St., 7th Ave. was closed to traffic for several block, until it crossed Broadway, which was also closed to traffic. We could have held the demonstration on the north side of 42nd St., gathered together on one block, and heard what the speakers were saying. Instead, they had tourists spread out on chairs.

      I think the message is that you shouldn't get permits. You should just exercise your constitutional rights to demonstrate in a reasonable manner. The only reason for the permit is to make your legal expression more convenient for the demonstrators and the cops, but if the Mayor's office doesn't cooperate, and only issues illegally over-strict permits, there's no benefit to the demonstrators and they have a right to demonstrate without a permit.

      And it seems as if you're just as likely to get arrested with or without a permit.

    268. Re:5th Amendment by anagama · · Score: 1

      Fucker should have been taken out behind the chemical sheds and shot. You are an evil person if you can't admit that thousands upon thousands of people have been killed. http://www.google.com/url?sa=t&source=web&cd=2&ved=0CC0QFjAB&url=http%3A%2F%2Fwww.fas.org%2Fsgp%2Fcrs%2Fmideast%2FRS22537.pdf&rct=j&q=UN%20estimate%20of%20civilian%20deaths%20in%20iraq&ei=UYyHTqXDE8PZiALd1LG2DA&usg=AFQjCNEz56oCvO-9hI_9sqKq_CipyCDO0w

      --
      What changed under Obama? Nothing Good
    269. Re:5th Amendment by murdocj · · Score: 1

      Well, let's try thinking a little. More Americans died on in the Sept 11th attacks than died in the Japanese attack on Pearl Harbor. And certainly Japan wasn't an "existential" threat to the United States, they just wanted a free hand in Pacific, pretty much the same way Al Qaeda wants a free hand in the Middle East. So I guess we should have just ignored the Japanese attack, and the Japanese would have loved us.

      And by the way, Al Qaeda seems to be pretty cozy with elements of Pakistan's military, a country which happens to have nuclear weapons. Losing an American city might not be an "existential threat" but it's not something you can ignore, either.

    270. Re:5th Amendment by circletimessquare · · Score: 1

      all sorts of people propose the violent overthrow of all sorts of states, all the time, everywhere

      so what? doesn't mean anything. the question becomes: what kind of state are they trying to create?

      on that basis, your false equivalency simply reveals your intellectual shortcomings

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    271. Re:5th Amendment by DarkOx · · Score: 1

      Loss of citizenship (INA Â 349, 8 USC Â 1481)
      Section 349 of the INA [8 USC Â 1481] specifies several conditions under which US citizenship may be lost. These include:

              serving as an officer in a foreign country's military service, or serving in the armed forces of a country which is engaged in hostilities against the US;

      So no if someone from the US went to German after 1939 when they were in a state of hostilities with us they would no longer be a US Citizen!

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    272. Re:5th Amendment by anagama · · Score: 1

      And like every other mid-east country, we're doing our darndest to make an enemy of Pakistan as well. Maybe we should. It would serve you neo-cons right to get a little ass-kicking by someone who isn't 1/100th your size. The sad fact is, reasonable Americans will suffer for your evil, shortsighted, and retarded actions.

      --
      What changed under Obama? Nothing Good
    273. Re:5th Amendment by RoFLKOPTr · · Score: 0

      You obviously have some kind of grudge, but I'll humor you. I've seen that report. "This report presents various governmental and non-governmental estimates of Iraqi civilian deaths." Throughout the report you see phrases such as "deaths from violent causes since the beginning of Operation Iraqi Freedom" and "host nation reports capture some types of deaths on which the Coalition does not have visibility, in particular, murders and deaths in locations where Coalition forces are not present." I see no mention of anything along the lines of deaths directly attributed to American military action. These numbers are estimates of ALL violent deaths in Iraq (at the hands of American forces, other Coalition forces, insurgency forces, terrorist forces, etc, etc) since our occupation. What you're doing is misinterpreting data and mindlessly regurgitating anti-war propaganda.

      Anything else?

    274. Re:5th Amendment by anagama · · Score: 1

      Whatever. Apparently you're self-love myopia is too great to perceive the parallel. The only difference between an insurgent/terrorist/etc and a "founding father"/freedom fighter/etc., is winning and writing history.

      --
      What changed under Obama? Nothing Good
    275. Re:5th Amendment by flyingsquid · · Score: 1

      No matter how you slice it, this was a US president ordering (or even worse, the CIA and DoD acting without orders) a US citizen killed far from any battlefield without presenting a shred of evidence to a jury.

      What the people invoking the Fifth Amendment seem to be missing is that Anwar al-Awlaki wasn't executed for the crimes he had committed. He was killed because he posed an immediate danger. The issue wasn't that he had blood on his hands, it was that if he wasn't stopped, there was going to be more blood. We're not talking about executing someone for a crime, we're talking about justifiable homicide.

      If someone has committed a murder, then the job of the police is to track him down, detain him as a suspect, and try him in court. But if someone is in the process of trying to commit a murder, then the job of the police is to stop him by any means necessary- up to and including killing him, if attempting to capture him would put lives at risk. If a bank robber takes a bunch of people hostage and is threatening to kill them, then the police are completely justified in shooting him. They're not going to go, "oh my god, if only we could do something! But he's an American citizen protected by the Fifth Amendment and is therefore entitled to due process!"

      The same applies here. Anwar al-Awlaki played a major role in an organization that was actively working to kill innocent people- both in the United States and abroad. Capturing him couldn't be done without risking lives, so killing him was entirely justified.

    276. Re:5th Amendment by Anonymous Coward · · Score: 0

      He's better than what we have now by far[which is a shithole by Obama]. You just have to choose the least shitty candidate... but that sure isn't Obama... he's the bottom of the barrel type of candidate.

    277. Re:5th Amendment by thePuck77 · · Score: 1

      Money, privilege, and history is what makes us different than, say, the Yememis. The ink wasn't dry on the Constitution before it was being ignored when it suited those in power.

      --
      "We live as though the world were as it should be, to show it what it can be." - Joss Whedon via Angel
    278. Re:5th Amendment by uncqual · · Score: 1

      Is your only concern that Anwar al-Awlaki was an American citizen? If he had not been, would you have an issue with the action - and if so, what issues?

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    279. Re:5th Amendment by uncqual · · Score: 1

      since this guy almost certainly never actually attacked anyone

      Most generals leading troops in wars have never killed anyone in whatever the current war is -- but I believe they are acceptable targets for the opposing party.

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    280. Re:5th Amendment by thePuck77 · · Score: 1

      So if individuals are capable of declaring war, then the Geneva Convention and other laws of war should apply to them, correct? The argument used in the past was that such laws were not applicable to terrorists exactly because individuals doing whatever is not considered making war. You can't have it both ways.

      --
      "We live as though the world were as it should be, to show it what it can be." - Joss Whedon via Angel
    281. Re:5th Amendment by circletimessquare · · Score: 1

      awlaki was fighting to reinstate the islamic caliphate. this is a fringe group within the muslim world that no one supports, save a few ultraconservative and violent people. their means for achieving their goal is mass murder of civilians in peacetime, not least of which is hundreds of thousands of muslims. if the usa ceased to exist tomorrow, they would not retire and become shepherds, they would continue right on with their murderous agenda in the name of their demented cause. because the usa is not the point, the usa is merely a roadblock and a convenient scapegoat for the achievement of their goal

      now, i'm sure you are a brilliant fellow, and i would like to use the vast quantities of genius you possess, and compare and contrast with the goals of what the founding fathers were fighting for. i'm sure somewhere on the edges of your boundless imagination and stunning intellect, you might discover that the goals are gee, i dunno, slightly different

      what a moron

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    282. Re:5th Amendment by anagama · · Score: 2

      All of the deaths relating to an incipient civil war in Iraq are proximately caused by us.

      --
      What changed under Obama? Nothing Good
    283. Re:5th Amendment by obarthelemy · · Score: 1

      The civilian deaths in Iraq (attacked illegally and under false pretenses) have topped 100,000. That enough of a non-vengeance ? (Iraq as a whole, and those victims in particular, had nothing to do with 9/11). I find it ironic that more americans have died in that war than in 9/11.

      Remind me, who's evil ?

      PS: Are there still people who believe than the war in Iraq is about Hussein, not oil and spoils for friends and family ?

      --
      The Cloud - because you don't care if your apps and data are up in the air.
    284. Re:5th Amendment by obarthelemy · · Score: 1

      You do realize that in the process, the US have lost the moral high ground, all pretenses of being a constitutional democracy, billions of dollars, thousands of lives (more than 9/11), and let a couple of economic crashes through ?

      How is that not Al Qaeda winning ?

      --
      The Cloud - because you don't care if your apps and data are up in the air.
    285. Re:5th Amendment by alexibu · · Score: 1

      FYI In America - walking is seen as an advanced maneuver, and should be avoided by driving (the more natural state) if at all possible.

    286. Re:5th Amendment by Pseudonym · · Score: 1

      Don't be silly, nobody is going to impeach Obama for the same reason nobody impeached Bush or Cheney: this is a capability that the other side would also like to have.

      You think the power to kill anyone anywhere with no due process is scary in Obama's hands? Imagine it in the hands of Michele Bachmann, Sarah Palin or Rick Perry. It takes real guts to extrajudicially assassinate an innocent man.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    287. Re:5th Amendment by couchslug · · Score: 1

      "The Cold War was definitely not a war."

      It was "made of wars", even if one calls them "conflicts", "police actions" or "amusing squabbles".

      It was composed of hot and warm wars with many shades of conventional war, OOTW (Operations Other Than War), insurgencies, revolutions, and all sorts of military and guerrilla and partisan and government military engagements.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    288. Re:5th Amendment by Pseudonym · · Score: 1

      It's been argued that he aided and directed the underwear bomber and some of the 9/11 hijackers.

      If he did that, and you can prove it, then it shouldn't be difficult to convince a jury.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    289. Re:5th Amendment by portforward · · Score: 1

      You know, Stalin wasn't a great guy either, but we put FDR's face on the dime anyway. You know, common enemy and we sent "Uncle Joe" boots, ammo, trucks and planes, and he "purged" people. Nice friends we had then, huh? Or should we have plugged our ears and told Stalin to shove off because he purged his army? What would that have gotten us?

      Most of our allies are freedom respecting representative democracies and some are not. Sometimes you have to ally yourself with unsavory people to protect American lives. Because President Obama's primary job is to protect innocent American lives. Please let me know with your military/geopolitical cunning a realistic plan how the US could have affected a bloodless arrest where al-Awliki peacefully surrendered to US or Yemeni law enforcement. On this planet, in 2011. The guy declared war on the US, so the US reciprocated.

      It is not my preference to have the current Yemeni president to be the leader of Yemen. But it is not my place as a citizen of the US to tell them how to run their government. UNLESS they start to advocate killing Americans and subjecting them to Sharia. In this case the enemy of my enemy is my friend. I don't like it, but it is better to have that then an al-Qaeda controlled country, again.

    290. Re:5th Amendment by raehl · · Score: 1

      Just because you have the right to something doesn't mean the government has to force you to exercise that right. All American citizens are entitled to due process. But, in order to have due process, both parties have to participate. If you know the government is looking for you, and you choose to hide out in a lawless foreign desert where you know the government can't come get you, you're clearly not interested in participating in due process, and the government isn't obligated to force you to do so.

      So if Anwar al-Awlaki wanted to exercise his due process rights, all he had to do was hop a plane over to the US and turn himself in. I bet if he had shown up at any major airport in the world the US government would have even given him a free flight.

      Now, if we had him in custody, and THEN killed him without trial, or we detained him indefinitely without access to the courts, that would absolutely be a violation of his due process rights.

      This was not. Anwar al-Awlaki's due process rights were not taken away, they were given up.

    291. Re:5th Amendment by RoFLKOPTr · · Score: 0

      All of the deaths relating to an incipient civil war in Iraq are proximately caused by us.

      There has been violence and terror in Iraq since long before we stepped in. Do you remember that guy... I think his name was Saddam Hussein. He was a dictator or something and killed like a million of his own people and tortured and maimed like a couple million more or something like that. The United States had some sort of "key role" in removing him from power and assisting Iraq in organizing a new government. So all that violence and death is going on for years but the second we step in to help, we are suddenly the proximate cause of all of it. Sounds to me like mindless regurgitation of anti-war propaganda.

    292. Re:5th Amendment by raehl · · Score: 1

      Side note: This is a big reason that torture and indefinite detention and rendition are bad. It changes the choices from "Turn yourself in and you'll get a trial or don't and we'll hunt you down and kill you" to "We're going to hunt you down and kill you unless you let us lock you up forever without trial and torture you."

      If we're going to kill people who won't participate in due process, we have to actually offer them due process to participate in.

    293. Re:5th Amendment by Anonymous Coward · · Score: 0

      Ron Paul /b/!

    294. Re:5th Amendment by chill · · Score: 1

      If you can demonstrate that the two American citizens killed by the latest attack were connected to the 9/11 attacks, then it covers it. (No, just being a member of AQAP doesn't cut it. AQAP didn't exist until well after 9/11/2001.)

      However, that isn't carte blanche for extra judicial killings of American citizens.

      Al-Awlaki was suspected to have been a contact and "spiritual leader" to a couple of the 9/11 hijackers, though he claimed the attack was a perversion of Islam and no true Muslim could have committed it. He wasn't above lying his ass off.

      There is a tenuous connection, and they might be able to slip this through. But the idea of allowing the government to simply assassinate a citizen without trial regardless of his actions is something that should be examined very, very closely.

      --
      Learning HOW to think is more important than learning WHAT to think.
    295. Re:5th Amendment by khallow · · Score: 1

      Were all of those cars with Soviet Military Liaison license plates I saw while station in Germany, the enemy?

      Yes. Keep in mind that this, um, situation was for a period of about three decades, an hour away from the deaths of tens of millions people. And that several million people did die on the occasions when the war turned "hot".

    296. Re:5th Amendment by wjsteele · · Score: 1

      Perhaps you should read it a bit further... "...in time of War or public danger;" I would say his actions are clearly fall under the public danger clause and prevening further danger justifies his elimination by any means necessary. His sancutary in Yemen has made it impossible for our forces to capture or arrest, or even serve warrant and, as such, has therefore left us no other option but to eliminate the threat by force. Bill

      --
      It's my Sig and you can't have it. Mine! All Mine!
    297. Re:5th Amendment by tmosley · · Score: 1

      Or we could have refrained from cutting off their oil supply, forcing them to attack and provide the US with an excuse for entering the war, which is what FDR wanted from the get-go.

      Ah yes, and here comes the "proof in the form of a mushroom cloud" argument that convinced the US to invade Iraq and kill a third of a million people for illegitimate reasons. Great. Thanks, mass murderer wannabe.

    298. Re:5th Amendment by wjsteele · · Score: 1

      Man I wish I could mod you up... I'd push all the way to 10+!!!

      Bill

      --
      It's my Sig and you can't have it. Mine! All Mine!
    299. Re:5th Amendment by tmosley · · Score: 1

      In some minds, perhaps. But that line gets fuzzier every time I look at it. It seems non-existent for Muslims at this point.

    300. Re:5th Amendment by khallow · · Score: 1

      That was an execution, plain and simple. An execution, by the US military of an US citizen.

      And allowed by the US Constitution.

      That means that your president is no better then Gaddafi.

      Moral equivalence rears its ugly head again. The execution was announced afterward. US Congress has the right to second guess the president including impeachment and conviction.

      It will not help how you try to justify it by making shit up like "Non-state actor" or "Asymmetric warfare".

      He was actively fighting against the US. No further pretext is needed.

    301. Re:5th Amendment by rossjudson · · Score: 1

      Isn't it the case that due process is only available for people who submit themselves to it? Due process has _always_ been available to this guy, if he wanted it. All he had to do was turn himself in. He's been on the run from the law, and that's a different situation. I don't see why this is complicated at all, as long as there's been an active indictment against him, or whatever is necessary to effect a legal arrest.

    302. Re:5th Amendment by Anonymous Coward · · Score: 0

      Don't over-reach fucker.

    303. Re:5th Amendment by rossjudson · · Score: 1

      All hail Mr. Zero-Sum, Energy Constant Universal the Third. Never do anything! Consequences!!

    304. Re:5th Amendment by khallow · · Score: 0

      What makes you think "Al Unlucky" didn't receive due process? As noted by the grandparent, due process for enemy combatants is less (and has always been that way) than it would be for a civilian criminal case.

    305. Re:5th Amendment by tmosley · · Score: 1

      Exactly. When you severely oppress ANY people, the deaths of the leaders will do nothing but bring the survivors together, and make confrontation inevitable, and all the more bloody when it comes. The same happened in Ireland, despite numerous deaths in the leadership of the IRA, the same has happened in Israel/Palestine with the deaths of Palestinian leaders, the same happened with the numerous revolts of the Aztecs against the Spanish, French partisans vs the Nazis, etc, etc. A great leader might lead them to victory, but the absence of a leader can't lead them into submission to foreign powers. People just don't like that. All that does is create a powder keg looking for its next spark.

    306. Re:5th Amendment by Sprouticus · · Score: 2

      http://dictionary.reference.com/browse/civil+war
      civil war
      noun
      a war between political factions or regions within the same country.

      Not accurate. The States that seceded attepted to setup a federal government, which included a constitution. They may not have tried to rule the ENTIRE US, but that does not mean it was not a civil war.

      In Sudan for instance, the South recently gained independance from the north. They ever tried to control the north. But it was still called a civili war.

      The only people who dont call the Civil War a civil war are Southerners who wish to revise history to make their forefathers look like heros and not the biggoted traitors that they were.

    307. Re:5th Amendment by Anonymous Coward · · Score: 0

      So basically these Nazis in your story never killed any Jews never shot any Russians or Americans, all they were really doing was voicing an opinion in Europe, and because its not yours they deserve to die. I thought free speech was another right.

    308. Re:5th Amendment by budgenator · · Score: 1

      Odd you fixated on the commie, I called him a Nixon-work-alike too.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    309. Re:5th Amendment by redemtionboy · · Score: 1

      Things Ron Paul could get done that Obama promised:
      End the wars
      Stop DEA overriding state drug laws
      Increased transparency
      Shutting down of Guantanimo bay.
      Changing the heads of Government organizations to reflect policy that does not overstep the authority of the executive branch
      Downsizing the military

      Things Ron Paul could not accomplish in office:
      Ending the EPA, Dept of Ed, FDA, etc.
      Putting us back on the gold standard

      The things that Paul could accomplish in office are way more important to me than being afraid of the things that he could never accomplish in office.

    310. Re:5th Amendment by debiankicksass · · Score: 0

      Why do we care where we kill the bad people that are plotting our destruction. I almost died in Iraq from a roadside bomb. Many friends of mine died in 2005 and I say kill whoever is plotting our destruction where they stand. Say what you want about Iraq but in the end a legitimate democratic government was set up at the cost of thousands of lives. To say we don't have the right to kill the people that want to kill YOU.... not the soldiers, they want to strike on American soil. Go ahead give me my -1 now I don't care I already have bad karma. Bring on the terrible karma.

    311. Re:5th Amendment by jklovanc · · Score: 1

      Considering there are no laws or procedures to actually declare war on a non-state entity the "not a real war" point is moot. The idea of "declared war" just doesn't deal with non-state military organizations. Al-Qaeda acts like a military force but has no state that backs them. Treating them like an enemy army is completely justified.

    312. Re:5th Amendment by budgenator · · Score: 1

      Bush was the Governor of Texas at the time, and directed the Texas National Guard to supply the requested Armored Personnel Carriers and Medics; the Army Declined the request due to posse comitatus concerns.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    313. Re:5th Amendment by chill · · Score: 1

      There is, however, ample history and precedent for dealing with terrorist organizations. For example, ETA, Red Brigades, IRA, FARC, Mafia and others.

      For one example, the RICO Act came from dealing with these sorts of problems. That is what Al-Qaeda is -- organized criminals.

      A criminal organization is a criminal organization. Saying they "declare war" is just a publicity stunt and a case of an over-inflated ego.

      --
      Learning HOW to think is more important than learning WHAT to think.
    314. Re:5th Amendment by bcrowell · · Score: 1

      It would be hard to argue that a leader in a group that the US has effectively declared war on (including resolutions of Congress that authorize military force) is not a legitimate military target.

      I love how you use that word "effectively." It seems very convenient.

    315. Re:5th Amendment by jfengel · · Score: 1

      The difference is that McVeigh was in the United States, where we had both the authority and the facilities to arrest him. There is absolutely no way we could have arrested somebody in Yemen.

      The closest we could have come would have been to send in a team of Navy Seals, a dangerous operation with a very high chance of failure, and legally it would have been equally dubious. Or we could have asked Yemen to arrest them for us, but the Yemeni government is in peril and has not been very successful at arresting its enemies.

      Comparing him to McVeigh is misleading. The situations are totally different. Had he been on US soil, he surely would have been arrested. I don't know whether this was legal or not, but I know that "Oh, we should have just arrested him" is a bogus argument.

    316. Re:5th Amendment by bcrowell · · Score: 1

      the guy was calling for the destruction of the US Constitution and the implementation of Sharia law.

      The people who have been destroying the US Constitution are George W. Bush, Barack Obama, and virtually all Republican and Democratic members of Congress.[1], [2], [3]

    317. Re:5th Amendment by MightyYar · · Score: 1

      Protection from the arbitrary decisions of the leadership is exactly what the 5th is supposed to protect citizens from.

      Right, I'm sure the founding fathers were terribly concerned with the rights of citizens who joined foreign armies or resistance groups fighting against the United States.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    318. Re:5th Amendment by MightyYar · · Score: 1

      ???? I don't think my comment was in any way meant to justify the actions of the 9/11 terrorists. You're damn right, Al Qaeda needed to be taken down.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    319. Re:5th Amendment by buybuydandavis · · Score: 1

      Terrorist activity, like it or not, is *criminal* activity and not under the rules of war, regardless of how the press refers to it.

      Actually, terrorist activity from Al Qaeda doesn't fit completely into either category. That's the problem.

      Both sides of the argument toss people into a category and stop thinking. There are elements of war, and elements of criminality, and we don't make any progress on improving how we deal with these issues until we face that and start thinking, instead of applying preconceived formulas that work in other situations.

    320. Re:5th Amendment by thrich81 · · Score: 1

      Not a constitutional scholar but I see some problems with the interpretation of the 5th amendment in this case. The amendment does not say, "No US citizen,", it says "No person," so al-Awlaki doesn't get special treatment because he is a US citizen. al-Awlaki was not in US territory at the time of his killing or his offenses, so he does not get any special treatment for being in US territory. So, then, how is he in any different class than anyone else in the world who has declared they want to kill Americans and actually takes steps to do it (bin Laden, for example)? Where did the 5th amendment apply to the killing of bin Laden? So al-Awlaki's death is just one more in the string of bad guys getting what they asked for by their actions in this post 9-11, 21st century. If he wanted some legal protections against what was coming, he should have turned himself in to the nearest authorities.

    321. Re:5th Amendment by Anonymous Coward · · Score: 0

      There's a difference between killing somebody during a fight, and giving a specific order for that person to die.

    322. Re:5th Amendment by buybuydandavis · · Score: 1

      The US CREATED al-Qaeda via decades of interference in Mideast politics, especially propping up Saudi dictators....

      The US is not all powerful. It is not the only force in the universe. Blaming all the unpleasant things in the world on US actions is not particularly rational.

      US actions in the Cold War probably contributed in some ways to the success of Al Qaeda as a movement, as do the actions of those who blame the US for the crimes of Al Qaeda.

    323. Re:5th Amendment by Anonymous Coward · · Score: 0

      Killing all the time? Really? Bullshit. I've buried friends because our ROE is stacked against us. I've had the pipper on murderers and not been allowed to shoot because the CDE hadn't yet been approved by some fucking general. And yes, for every America, a hundred good people in Afghanistan died because of that cowardice.

      And for you lying shits repeating the "innocent children" line, 16 and carrying shooting at me is not an "innocent child". 16 and killing women to force the village elders to give up some kids as suicide bombers sure the fuck isn't an "innocent child." AQ has figured out that we're way too fucking cowardly to shoot when they've got human shields. They're also smart enough to lie about who got killed by whom, and you just buy that shit hook, line and sinker, because it made a good soundbite on CNN.

    324. Re:5th Amendment by Anonymous Coward · · Score: 0

      A civil war can be generalized to a political disagreement that results in the use of military force.

      Sure, just like "animals" can be generalized to include plants. I mean after all, they're both life forms.

      Your post can be rephrased as "I was absolutely 100% wrong, someone pointed this out, and I'm going to play infantile word games instead of admitting I was wrong to use words I don't really understand."

    325. Re:5th Amendment by jklovanc · · Score: 1

      Every one of those organizations operated from within controlled areas of stable countries. The part of Yemen that al-Awlaki was operating in was not under control of the government of that country. Yemen itself had an arrest warrant out for al-Awlaki but was unable to capture him due to his armed protection.

      Drawing parallels between justice in a lawful country and an uncontrolled region is ludicrous. There are no local police who can be presented with an international warrant. There is no conventional way to capture an indicted leader like al-Awlaki. Sure one could send in a brigade of marines, search the area and possibly capture the target. Considering that most of the guards are not afraid of death there would be many casualties on both sides. Some of those casualties would be civilians caught in the middle. That much loss of life to serve an arrest warrant is unreasonable. Do we just let him continue because conventional means do not work?

      What is your solution to capture someone like him that would not cause the deaths of hundreds of people?

    326. Re:5th Amendment by Anonymous Coward · · Score: 0

      He was an active member of a hostile force.

      He demonstrated hostile intent.

      True. Now, can you point out what, specifically, made Awlaki a "combatant"?

      I think he did.

    327. Re:5th Amendment by MSG · · Score: 1

      Of course, someone who is fighting the US "far from any battlefield" is, since he is fighting, actually on the battlefield.

      If the exercise of free speech is "fighting the US", then who is the US not at liberty to kill, if anyone?

    328. Re:5th Amendment by shutdown+-p+now · · Score: 1

      "Demonstrating hostile intent" is clearly not enough. If a person says that they want to kill some Americans, we put them in a mental institution; or, if they have actually been preparing, and there's evidence - on trial. Either way, there's due process.

      That leaves "active member of a hostile force". How is it manifested? Does he run around in Iraq or Afghanistan with an AK shooting at US soldiers? or give orders to people who do that? or train them?

      Preaching jihad does not make one a combatant - practicing it does (otherwise a lot of right-wing political bloggers in US were "combatants" as well). Hence why I'm asking how exactly did Awlaki practice it.

    329. Re:5th Amendment by chill · · Score: 1

      So, you're saying we should set the Constitution aside because it is HARD?

      Read your post again. That is what it sums up to. "We could, but it is HARD and DANGEROUS."

      I'm sorry. I don't accept that as a viable answer.

      --
      Learning HOW to think is more important than learning WHAT to think.
    330. Re:5th Amendment by MSG · · Score: 1

      He hasn't been charged with any crime. To whom would he turn himself in?

    331. Re:5th Amendment by MSG · · Score: 1

      Would you still demand some kind of "due process" for the individual(s) involved, or would you agree that the United States should send a bombing mission to silence these high profile Nazi sympathizers?

      As assassination is against the law, due process is appropriate unless they are actually combatants.

    332. Re:5th Amendment by scubamage · · Score: 1

      We're saying this because the future of our country and our freedoms actually are at stake with the answer. Don't be mad because we're making it difficult - a hell of a lot of people fought and died for those clauses to be in the constitution. To disregard their sacrifice, and be unwilling to commit the same sacrifice to safeguard them would put this nation in a sorry place indeed. I'll believe he was a top terrorist agent when I can see a formal list of charges. He can be convicted in absentia. The fact that they don't even attempt to go through any semblance of due process is scary to me.

    333. Re:5th Amendment by andydread · · Score: 1

      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

      If You are in a militia on a foreign battle field sending underwear bombers to kill us and you endup getting killed then I'm sorry but that is totally legal.

    334. Re:5th Amendment by scubamage · · Score: 1

      Sadly, I think most neocons don't quite grasp the concept of "casus belli." They're to busy bleating.

    335. Re:5th Amendment by couchslug · · Score: 1

      Did you read much German history or are you just making shit up? Your asserted conclusions aren't very well thought out.

      Hitlers rise to power was complex and VERY well-documented. He seized opportunities but cannot be said to have been in any way "created" by the Allies. The Allies didn't create the internal German opponents he was popular for fighting. The cause of the NSDAP wasn't remotely guaranteed to have gone further without Adolf's particular talent for leadership.

      Key to his success was the natural German reaction to BOLSHEVISM, which reared its head with the Spartakist revolt. Bolsheviks require killing and Hitler aligned himself with the mix of Imperialists, other nationalists, capitalists (who would have been disposed of by Bolsheviks in Germany as they were in Russia), Freikorps veterans and so forth.

      " If you could time travel, you would have assassinated Hitler?"

      No, the net result of WWII was of great advantage to the West. The net effect was to break down rotten systems, bleed the Communist Soviet Union (which would otherwise have prospered) and in general move mankind forward. The human drama wasn't the result, just part of the process. I'm delighted with the NET result of the Second World War. That result is the magnificent society we have today.

      Alternate answer:

      Sure, in 1910, by discreet poison, after which I'd be a prolific and very rich inventor!

        "Why wouldn't you go to Versailles while they were negotiating the end of WWI and tell them of the terrible consequences of oppressing the Germans to the point of economic collapse?"

      In what alternate universe would a sole interloper with no political power have even been given a platform to speak?

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    336. Re:5th Amendment by Anonymous Coward · · Score: 0

      Well, at least the new boss may grasp the fact that you don't get out of debt by spending more money. Obama clearly doesn't understand this.

    337. Re:5th Amendment by scubamage · · Score: 1

      Note that we also didn't just kill him, we killed him and an unknown number of other people in that vehicle. Further, we did so on sovereign soil, in a country we are not at war with. Again, he could have been convicted in absentia. The fact they didn't even bother with a kangaroo court to do this is what really distresses me.

    338. Re:5th Amendment by scubamage · · Score: 1

      Nope, not unless he did it at a US embassy or consulate. There are very strict rules to renouncing US citizenship - I know, I was looking into doing it.

    339. Re:5th Amendment by scubamage · · Score: 1

      And answering questions like that is exactly what due process was made for.

    340. Re:5th Amendment by scubamage · · Score: 1

      We still have wars, but no one bothers with them since the president can have "executive actions" which are far more convenient. They let you completely sidestep all of those laws about how to treat enemy combatants, etc.

    341. Re:5th Amendment by StopKoolaidPoliticsT · · Score: 1

      Uh, Waco happened 2/28/1993 through 4/19/1993, while Ann Richards was Governor of Texas. Bush didn't become governor until 1/17/1995. Don't let reality get in the way of your "facts."

      --
      Stop Koolaid Politics
    342. Re:5th Amendment by Joe+U · · Score: 1

      Preaching jihad does not make one a combatant - practicing it does (otherwise a lot of right-wing political bloggers in US were "combatants" as well). Hence why I'm asking how exactly did Awlaki practice it.

      He was an accessory to a military action.

    343. Re:5th Amendment by shutdown+-p+now · · Score: 1

      You have to be more specific than that. What exactly did he do?

      al-Qaeda makes similar claims against those Americans who died on 9/11 in WTC, because they paid taxes that fund US military. I don't think that's a good company to be in.

    344. Re:5th Amendment by Anonymous Coward · · Score: 0
      A remotely piloted drone is a different thing than the soldier you describe.

      This is not a Time of War. Congress has to declare a war, and they haven't done so.

      This slope does have a bit of slip in it.

    345. Re:5th Amendment by Tanktalus · · Score: 1

      What's that "Jihad" word mean, again?

      Literally, it means "struggle." (The "holy" part may be implied, I'm not sure.) Not war. Of course, like most words in most languages, it can take on an extended meaning in context.

      A Christian going on a retreat, or an alcoholic going to AA meetings, or a drug-addict going to treatment would all be going through "Jihad". And, depending on context, they could all be holy struggles, completely fitting the term. If someone was going through AA meetings or drug addiction treatment for Allah instead of just for themself, it'd be a holy struggle.

    346. Re:5th Amendment by Joe+U · · Score: 1

      To use an example:

      Bob kidnaps someone.
      Fred wasn't there for the kidnapping, never saw the victim, but he writes the letters for Bob demanding ransom.
      Bob and Fred get caught.
      Bob goes to jail for kidnapping.
      Fred goes to jail for kidnapping.

      The guy was the mouthpiece for a group engaged in war. He's part of their war machine and is no different from the person who picks up the gun and shoots at people.

      al-Qaeda makes similar claims against those Americans who died on 9/11 in WTC, because they paid taxes that fund US military. I don't think that's a good company to be in.

      Irrelevant, and specious.

    347. Re:5th Amendment by Anonymous Coward · · Score: 0

      I only we could come up with a catchy name for this pogrom...

    348. Re:5th Amendment by Anonymous Coward · · Score: 0

      This post modded down to -1 Troll by the Batshit Fucking Goddamn Insane Shitbag Groups.

    349. Re:5th Amendment by OeLeWaPpErKe · · Score: 1

      The issue is simple : this guy is organizing military attacks on civilians, guns blazing. That makes him as valid a target as a mobster executing a drive-by-shooting. As valid as a lunatic firing a mexican import ak-47 in a mall.

      You must realize that there are lines that if you cross them, lethal force can (and should) be applied to stop you, to protect others. Do you really think it is unacceptable for a police sniper to take out a gun-swinging lunatic in a school ? If possible, you should be brought to trial, yes, absolutely, but that doesn't mean we have to let hundreds of people die just to save the bastard's life. I am absolutely sure that the guy would be perfectly (physically) safe had he turned himself in to the local American embassy, or if he got arrested on a plane flight or something. It was publicly declared that he was a target, so he can't complain that he didn't know. He was actively organizing killings of civilians, and surrounded by armed guards/lunatics. He's like a mob boss as far as I'm concerned.

      All international treaties say that if you are involved in covert military operations, like all terrorists are, you are fair game. Read them. Any foreign soldier, actively involved in military operations that is not wearing a clearly identifiable uniform does not have *any* form of protection under the Geneva convention. He can be killed for any reason, by any means (except targeting his family, which by the way is the modus operandi of this guy) at any time at any place.

      In case you're wondering, who gets to decide if someone is a non-uniformed combatant ? Whoever is the ranking commander on the ground. That means if there's 5 soldiers, and one of them is a drill-instructor, it's the drill-instructor. This decision is final and cannot be attacked (though of course, the integrity of the person giving the order can be attacked. But for a conviction you need to prove this person gave that order out of malice, before a military tribunal, simple mistake does not suffice (although mistake can of course suffice for a demotion, or even dishonorable discharge, but not for criminal procedings)).

      Needless to say, the 5th amendment is similar here : if there is a good reason to suspect people are in direct physical danger from this guy, it doesn't apply (aside, of course, from the fact that this didn't happen on American soil, which is the only place where amendments apply). The 5th amendment would have legally protected him had he peacefully surrendered on American soil, like at an embassy, or an airport terminal. And as I said before, you can't complain he didn't get a warning beforehand.

      Had he surrendered, the American justice system would have given him a public forum to shout out any and all grievances he had to anyone who cared to listen before handing down a sentence, just like the 5th amendment requires. Most terrorists use this forum to publicly scream about how allah damands muslims kill all americans (happened 3 times already). If he wanted to make a public stand, that would be the way to go.

      None of this requires war to be declared. You don't declare war against anything except a recognized nation-state. Strictly speaking that means that the US only needs to declare war to countries where it has an embassy. Any other form of organization the US wishes to attack, whether it's a mob, a band of lunatics, a crime gang, a smuggling ring, a company, an enterprise, or a terrorist madhouse ... And even declarations of war only mean that the initial order to attack should be public, which they always are since they always take place as a formal request from the president's office to congress. Usually, as in the case of the attack on Iraq, these orders are then delivered all diplomats, both of the relevant country, and any other, and to the press, but that is a mere courtesy and not required at all. After this initial piece of paper, the actual initiation of hostilities usually takes a few weeks or a few months, because there is a strict limit to how much pr

    350. Re:5th Amendment by cyn1c77 · · Score: 1

      I won't lose sleep over the bastard either-- what makes me lose sleep is the the president/executive branch can unilaterally decide to kill two American citizens, and then without and review or oversight on the part of either of the other branches of the US government, carry out the killing. There needs to be more in place to check presidential power than just "it's ok, trust us, we won't do anything out of line, our own lawyers agree it's ok."

      Look at the bright side... during the cold war, the CIA would assassinate people without ever admitting it. Now they are at least putting out press releases documenting their activities.

      US-sanctioned killings have been going on for decades, the only difference is that you now know about it.

    351. Re:5th Amendment by anagama · · Score: 1

      For the record, it is my opinion that those dirtbags Bush & Cheney should join Obama in trial for war crimes and crimes against America. I will never under any circumstances ever vote for a member of the Republican or Democratic parties -- Two sides of the same coin with a bunch of political theater thrown in to make people think there is some actual difference between them. The proof is that we would be better off constitutionally today if a Republican had succeeded Bush because then the Democrats could go back to pretending to care about civil rights and give a little push back. The most damning evidence against Democrats is how they let Obama extend Bush's constitutional atrocities.

      --
      What changed under Obama? Nothing Good
    352. Re:5th Amendment by jklovanc · · Score: 1

      Not because it is "hard and dangerous" but that the writers of the Constitution never conceived the possibility of a non-state entity threatening the United States. If there was a state of war between the US and al-Qaeda this action would not have issues. There is no way to declare war on a non-state entity. I say set aside that Amendment because it was never meant to apply to this situation.

      I am pretty sure the people in the area that would be devastated by actions required to apprehend an al-Qaeda would prefer a missile strike to a full scale invasion. I am sure the families of soldiers who died in the capture would also disagree. You high minded ethic would be very different if you were actually effected by the damage done trying uphold a Constitution that never foresaw this situation. Have you volunteered to join the army to help capture these criminals? Have you advised members of your family to do the same? When you require others to uphold your morality but do nothing yourself your words sound empty.

      Leaders of al-Qaeda have been warned may times to surrender or they would be killed. The US has carried through on that promise many time so it is no surprise when another leader is eliminated. All members of al-Qaeda has to do is turn themselves in to a valid authority and they will not be killed. Sure they will be imprisoned and maybe even tortured but they would be alive. Al-Awlaki didn't so he is dead.

    353. Re:5th Amendment by anagama · · Score: 1

      For the record, it is my opinion that those dirtbags Bush & Cheney should join Obama in trial for war crimes and crimes against America. I will never under any circumstances vote for a member of the Republican or Democratic parties (Kucinich or Paul being the only exceptions due to their long term track record, but promises to establish such a record from within either party will be met with only derision and skepticsm from me). These two parties are plainly just two sides of the same coin with a bunch of political theater thrown in to make people think there is some actual difference between them. The proof is that we would be better off constitutionally today if a Republican had succeeded Bush because then the Democrats could go back to play acting that that they actually care about civil rights and give a little push back. The most damning evidence against Democrats is how they let Obama extend Bush's constitutional atrocities with nary a peep of protest.

      --
      What changed under Obama? Nothing Good
    354. Re:5th Amendment by shutdown+-p+now · · Score: 1

      Bob kidnaps someone.
      Fred wasn't there for the kidnapping, never saw the victim, but he writes the letters for Bob demanding ransom.
      Bob and Fred get caught.
      Bob goes to jail for kidnapping.
      Fred goes to jail for kidnapping.

      Your list misses a very important item namely: Bob and Fred stand trial, and are found guilty.

      No-one is saying that Awlaki should be left alone. If he can be captured, he should be captured and made to stand trial. If, during the capture attempt, it becomes necessary to use lethal force - well, so be it. But the standing orders shouldn't be "bring us the head of this guy".

      The guy was the mouthpiece for a group engaged in war. He's part of their war machine and is no different from the person who picks up the gun and shoots at people.

      That's not what international conventions and laws and customs of war say.

      And I repeat: if what you claim is true, then every American who publicly supports US military action in Iraq and Afghanistan is a legal target. Whether you consider it "irrelevant" or not doesn't make it any less true. Clearly the US is a country engaged in war, and clearly any "rah! rah! bomb 'em more!" blogger is its mouthpiece.

    355. Re:5th Amendment by anagama · · Score: 1
      • * That provision only applies to people in the American Armed Forces.
      • * Yemen is not a battlefield, in fact, we support the freedom killing, own population murdering dictator of that fine America friendly government
      • * There is no evidence other than the bald assertion that this guy did anything other than speak, but who gives a rip about the first amendment when the 5th means nothing?

      There is absolutely nothing legal, moral, or wise about this. Rather, it violates the very core principals of America and is nothing but a murder of a person for thought crime. Which is very stupid -- the party line of this administration could well be the thought crime of the next, and if all it takes is the president's word that you are a criminal, the streets will run red after every election.

      --
      What changed under Obama? Nothing Good
    356. Re:5th Amendment by anagama · · Score: 1

      And you this how? Oh yeah, the President said so. Since when did that become actual evidence rather than mere assertion?

      --
      What changed under Obama? Nothing Good
    357. Re:5th Amendment by Anonymous Coward · · Score: 0

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

      Like, criticizing it? /valleygirl The State Department should include a travel warning related to government officials actions in Yemen: "Travelers who have ever criticized the US policy on terrorism, Israel or the any collection of random wars are advised to avoid Yemen as the changes of CIA's Death From Above is greatly increased. Also, the weather." Yemeni ministry of tourism must be furious over this.

    358. Re:5th Amendment by anagama · · Score: 1

      Dude, take a reading comprehension refresher course. The phrase you cite refers to members of the US armed forces and nobody else, plus it is an entirely independent clause from the portion that says nobody will be killed, jailed, or have their stuff taken away without a fair trial.

      --
      What changed under Obama? Nothing Good
    359. Re:5th Amendment by andydread · · Score: 2

      How the hell do you know that there is no evidence? Do you work for the CIA? This was purely a self defense action. This moron was traveling with the other moron that made the underwear bomb that they tried to blow up an airliner with and the printer cartridge bomb. I take it in your world the CIA will put all their evidence online so that you can certify their evidence. You sir are so full of shit it oozes through your pores and leaves brown on everything you touch.

    360. Re:5th Amendment by Curunir_wolf · · Score: 1

      Remember you said that, when some super-secret government agency puts you on a list of "suspected terrorists" and send their drones after you ...

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    361. Re:5th Amendment by anagama · · Score: 1

      He tried essentially with the ACLU suit but the government never promised to abide by the constitution, rather, they had it dismissed.

      He would have to be some kind of stupid to turn himself in to the group that promised to kill him on site in violation of the law.

      In essence, when the president turned us into a nation not of laws but of vigilantism, it lost all moral ground.

      --
      What changed under Obama? Nothing Good
    362. Re:5th Amendment by Curunir_wolf · · Score: 1

      That makes him as valid a target as a mobster executing a drive-by-shooting. As valid as a lunatic firing a mexican import ak-47 in a mall.

      Even those guys get due process - you can't just send out a swat team with 50-cals and have them shoot up his house - they have to make some effort at an arrest (and hold them pending trial). The only thing we really know about this incident is the guy was running away in his truck and an unmanned drone blow him up from above and behind.

      Do you really think it is unacceptable for a police sniper to take out a gun-swinging lunatic in a school ?

      You're listing a bunch of false equivalencies here. A proper analogy would be that a gun-swinging lunatic killed some kids at school, and then the mayor said "Yea, we know it was OeLeWaPpErKe that was behind it," and then they sent in the national guard and blew up his house.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    363. Re:5th Amendment by Joe+U · · Score: 1

      No-one is saying that Awlaki should be left alone. If he can be captured, he should be captured and made to stand trial. If, during the capture attempt, it becomes necessary to use lethal force - well, so be it. But the standing orders shouldn't be "bring us the head of this guy".

      I don't think we've ever gone out of our way to avoid taking out propaganda machines during war. We also don't shy away from blowing up their recruiting officers. This guy was both and then some.

      That's not what international conventions and laws and customs of war say.

      Are you implying that he was a civilian acting on his own?

      And I repeat: if what you claim is true, then every American who publicly supports US military action in Iraq and Afghanistan is a legal target. Whether you consider it "irrelevant" or not doesn't make it any less true. Clearly the US is a country engaged in war, and clearly any "rah! rah! bomb 'em more!" blogger is its mouthpiece.

      Since every US citizen is already considered a target by AQ, I don't see how this changes things. Either way, I doubt Germany or Japan would have hesitated to take out someone producing US propaganda during WW2.

    364. Re:5th Amendment by Curunir_wolf · · Score: 0

      Huh - I missed all your comments about "he could have surrendered." That's actually wrong. He was already targeted for assassination. Check this out. It could happen to ANY American. There needs to be some principle to protect citizens from government tyranny. Just say "well this agency or that official said he was killing people" really doesn't do it.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    365. Re:5th Amendment by Anonymous Coward · · Score: 0

      You're the fantasy minded fanatic. "Murder any American anywhere without having to prove anything at all" ??? Climb back into reality. The president could not decide to kill you without having anything to prove at all. Even many (I'm not saying all or most) Muslims are glad this guy is gone. You defend the murderers of innocents and have absolutely nothing to say about their victims.

      In the real world, real decisions have to be made and made in a timely manner.

    366. Re:5th Amendment by Uberbah · · Score: 1

      Since the individual in question voluntarily left the country and provided training to those who would target American military personal, his actions fall within the language of "cases of rebellion."

      No, they don't, but thanks for an attempted rationalization that would tear Gumby's arm right out of his socket if he tried to reach that far. Your "insight" would apply to secessionist supporters like Sarah Palin and Rick Perry long before some guy living on the other side of the planet. And to right wing crazies like G. Gordon Liddy, who once advised that teabaggers shoot federal agents in the head, because they might be wearing body armor.

      Somehow, I doubt you're going to argue for their assassinations.

    367. Re:5th Amendment by OeLeWaPpErKe · · Score: 1

      Even those guys get due process - you can't just send out a swat team with 50-cals and have them shoot up his house - they have to make some effort at an arrest (and hold them pending trial). The only thing we really know about this incident is the guy was running away in his truck and an unmanned drone blow him up from above and behind.

      Except if they're surrounded by lots of guys carrying arms, putting him out of reach of a normal arrest. Lots of mob bosses and leaders were executed in a manner similar to this, right inside America. Even today, snipers are used in raids on organized crime locations. This is not unacceptable : it's merely the least bad option.

      All we "really know" about a number of police "victims" is that they were negotiating with armed guards guarding the entrance, with lots of testimonies pointing that guy as, say, a cocaine gang leader, an extortionist or the guy doling out commands at a shooting. That is, if you want to be equally pedantic about organized crime raids.

      I mean, I fully understand that what you're saying would be an ideal situation. But we cannot bring everyone before a court of law, simply because there are limits to the cost that can reasonably be incurred to do that. You cannot demand 10 people, enlisted in the armed forces or police, die just to bring 100 guys before a court. That's not an acceptable cost.

      I personally think this sort of action is justified against someone if
      1) (s)he is actively involved in attacking the lives of innocents (doesn't have to be the guy who "usually" pulls the trigger, any commander or leader is as guilty as anyone he directs)
      2) he cannot easily be reached by normal means

      I am in full agreement with you, of course : I hope that the "normal means" available to law enforcement advance to the point that these people can be arrested wherever they are. But letting them go free because we have no better option is bad, very very bad.

    368. Re:5th Amendment by OeLeWaPpErKe · · Score: 2

      He was put on the list at least 14 months before that happened, all of which time he could have surrendered. And as I said, he could have surrendered at an American embassy when he read about this order, and it would never get executed. A presidential order does not override a constitutional amendment, and the US sure as hell would not have blown up it's own embassy.

      And please ... this guy willingly took "death from allah's servant" as a name. Please don't pretend he was a good guy.

      I don't see how this changes anything about my post. At some point during police operations, the decision is made to use force against someone. This decision is no different from putting a SWAT team outside a mobster's house, other than the press it's received.

    369. Re:5th Amendment by Uberbah · · Score: 1

      Irrelevant.

    370. Re:5th Amendment by hairyfeet · · Score: 1

      If you believe that, which I agree with BTW, then please you yourself vote as well as tell anyone that will listen to vote Green or New Whig. The Greens are for closing the leaking border, putting America first, and stopping the illegal wars, and the New Whigs are made up of former Iraq vets that are tired of seeing our servicemen shot to hell so some multinational can get a new pipeline (you didn't think it was about WMDs, did ya?) and want to bring our boys home.

      So please vote for parties that are still for the American people. In my own state the greens have been gaining with every election so change CAN happen, you just have to spread the word and get folks to quit voting for the puppet show. the late great Bill Hicks said it over 20 years ago and it is still true today "I believe the puppet on the left shares my beliefs, well I believe the puppet on the right has my interests at heart...hey wait a minute, there is one guy controlling both puppets!" and no truer words have been spoken.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    371. Re:5th Amendment by Uberbah · · Score: 1

      So, then, how is he in any different class than anyone else in the world who has declared they want to kill Americans and actually takes steps to do it

      And you are certain of this how, exactly? And that militia in Michigan that reportedly was plotting to kill police officers - should we have skipped the whole arrested-by-the-FBI thing and just bombed their houses instead?

    372. Re:5th Amendment by xhrit · · Score: 1

      A B-25 Bomber crashed into the 79th floor of the Empire State Building towards the end of the 2nd world war. The building suffered minor damage.

    373. Re:5th Amendment by Jiro · · Score: 1

      You are correct now, but not as originally stated, because that section only actually applies when it's voluntary. And by your reasoning, there would still have to be due process to determine if joining the foreign army actually was voluntary. The end result would be that being in a state of war makes no difference since he would need due process either way.

    374. Re:5th Amendment by Uberbah · · Score: 1

      One unmentioned dynamic: how often the U.S.'s current enemy was the enemy of our enemy 5, 10, 20 years ago, and thus our friend.

      Cases in point: Saddam, when he was our good friend when he attacked the hated Iran. Until he attacked Kuwait, then we had to bomb his ass.

      The Mujahedin, when we supplied them with weapons when they were resisting the hated U.S.S.R. Until they changed names and became the Taliban, then we had to bomb their asses.

      Gaddafi, who used to be a bad guy when he was supporting terrorism, then because one of our fine upstanding friends when he was supplying western powers with oil. It was a total coincidence
        that we started bombing him shortly after he stopped playing ball with western powers on oil.

    375. Re:5th Amendment by EuclideanSilence · · Score: 1

      I'm tired of cowards standing behind such statements, these barbarians knowingly and purposefully target civilians with no other reason than to cause terror and disruption. They do not even pretend to follow Geneva Convention accords, and cowardly use with women and children as human shields. They don't wear uniforms so they can be recognized as enemy combatants, putting even more innocents at risk.

      They have publicly stated that they are trying to bring about the downfall of this country. If that's not a declaration of war, I don't know what is.

      Blast the lot of them, no matter where they stand.

      I'm tired of cowards standing behind such statements, these barbarians knowingly and purposefully target civilian's rights with no other reason than to pretend to fight against "terror and disruption". They do not even pretend to follow US Constitution, and cowardly use with women and children as emotional arguments. They don't document or backup anything they say, so they can't be argued with systematically, putting even more of our rights at risk.

      They have publicly stated that they are trying to bring about the downfall of the rights that made country what it is. If that's not a declaration of war, I don't know what is.

      Blast the lot of them, no matter where they stand.

      I couldn't agree with you more, parent poster

    376. Re:5th Amendment by Uberbah · · Score: 1

      Except al-Awlaki wasn't a part of any combat force, and wasn't on any battlefield.

      Next apples to oranges analogy?

    377. Re:5th Amendment by devent · · Score: 1

      Can you please point my to the part of the Constitution where you can kill US citizens without due process?

      "He was actively fighting against the US. No further pretext is needed."

      Did he was in New York with a machine gun, and shot down people? Ah wait, he was a "A Web-savvy Islamic _preacher_ with sparkling English, Mr. Awlaki was known for his ability to _couch extremist views_ in ways that appealed to Western youth." So neither the 5th amendment nor the 1th amendment (you know, the right to free speech) don't mean anything that days?

      --
      http://www.mueller-public.de - My site http://www.anr-institute.com/ - Advanced Natural Research Institute
    378. Re:5th Amendment by Uberbah · · Score: 1

      He's looking for a politician that doesn't believe that the Bill of Rights applies to the states? Meaning that states are perfectly free to mandate a religion, ban guns, and shoot suspect on sight because there is no right to a trial or due process?

    379. Re:5th Amendment by Uberbah · · Score: 1

      Most of the people who claim to support Ron Paul would disappear the moment he was chosen as the Republican nominee.

      That, and realize that Paul doesn't believe that the Bill of Rights applies to the states. Which means, among other things, that Paul would support state gun control laws, including outright bans.

    380. Re:5th Amendment by Uberbah · · Score: 1

      Second, Congress authorized Operation Enduring Freedom against al-Quaeda on 9/14/01 as S.J. Res 23. Whether or not you support or agree with that action or the current status, it can be argued that this killing would fall under the OEF authorization.

      Not unless Al-Awlaki was involved in 911....but neither Bush nor Obama has made that claim.

      Awlaki is currently a high level Al-Quada operative (read: terrorist) and has links to 9/11.

      And when Obama or one of his successors flatly states that ace37 is a high level Al Queda, and that any and all evidence cannot be disclosed to due "national security", what are you gonna do when a Predator drone targets your house?

    381. Re:5th Amendment by Anonymous Coward · · Score: 0

      Why are you against the US constitution? Are you an enemy of the US?

      Prep the predator, boys.

    382. Re:5th Amendment by Uberbah · · Score: 1

      You first.

    383. Re:5th Amendment by jcr · · Score: 1

      Even though it is routinely ignored by the government whenever they find it convenient to do so, the constitution is still the entirety of the legal basis for our federal government's existence. If they want to disregard it, then they are nothing but an occupying power, just like the British administration of the colonies.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    384. Re:5th Amendment by jcr · · Score: 1

      You know, sort of like how every action Hitler took was "legal" for the same reason.

      As it happens, the defendants at the Nuremburg trials were prosecuted under German law in effect at the time of their crimes. The holocaust was never legal.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    385. Re:5th Amendment by jcr · · Score: 1

      . I'd say that satisfies the "when in actual service in time of War or public danger" requirement.

      Nope. There's been neither a declaration of war, nor has the Congress issued any letter of Marque against Al Queda. There are provisions in the constitution for these kinds of situations, and they have not been used.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    386. Re:5th Amendment by jcr · · Score: 1

      cases arising in the land or naval forces, or in the Militia,

      The phrase refers to American servicemen. It's what makes courts-martial legal. It's not a way to bypass the due process clause for anyone accused of a crime who's not a member of the armed forces.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    387. Re:5th Amendment by pehrs · · Score: 1

      Do you seriously think that religious terrorists have earned the right to call themselves soldiers? That they should have the rights and protection that soldiers have through the Geneva convention? That they should be allowed to surrender and thereby not be charged unless they have committed a war crime?

      No, treat them as the criminals they are. Catch them, put them in front of a court and if they are guilty hang them high. Don't coddle the religious extremists by labeling them "soldiers" in this mythical "war on terror".

    388. Re:5th Amendment by Anonymous Coward · · Score: 0

      Dear Mr Slashdot Historian,

      Thank you for this clarification. I always thought the German declaration of war against the US was in 1941, but you have now set me straight.

      Love,
      Larry

    389. Re:5th Amendment by Anonymous Coward · · Score: 0

      While all these facts may seem clear to you, the main message of the 5th amendment is that the opinion of a random asshole on Slashdot is not a valid substitute for due process.

    390. Re:5th Amendment by AmiMoJo · · Score: 1

      Attacking external combatants who happen to hold an own-side passport is well within the accepted law of war.

      No one seriously argues that Awlaki wasn't an enemy actor

      The problem is that the US is deciding who is an enemy combatant without any kind of due process, either by trial or declaration of war. Would you be okay with the US deciding that members of the Mafia were enemy combatants to be killed on sight, since no one seriously argues that they are not enemies of the US and they display hostile intent towards US citizens?

      To my mind it doesn't even matter if he is a US citizen or not, unless you have declared war against his country and he is a member of the military you must treat him like a criminal, not a soldier. An organised criminal perhaps, but still entitled to a fair trial.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    391. Re:5th Amendment by AmiMoJo · · Score: 1

      Would you still demand some kind of "due process" for the individual(s) involved, or would you agree that the United States should send a bombing mission to silence these high profile Nazi sympathizers?

      Yes, I would demand due process. In fact the allies did give it to all members of the Nazi party who survived the war, and even during the fighting ordinary citizens who were working for the Nazi party (i.e. government employees) were not killed on sight unless they actually picked up a weapon.

      Similarly with members of the Irish Republican Army, an organisation that actually considered itself to be a military waging a war, an attempt to capture them alive was always made and them they were prosecuted through the criminal courts and sent to jail. They were terrorists, exactly the same as Al-Qa'ida.

      I'll remind you that Al Unlucky has indeed publicly renounced his US citizenship

      Most countries don't care if you are a citizen or not, the law applies to everyone. The US is fairly unique amongst first world countries in thinking that way.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    392. Re:5th Amendment by Mindcontrolled · · Score: 1

      When you are reminded about the rules of the legal system, you go "but, but this is a war". When you are reminded about the rules of war, you go "but, but this is not a war, these are non-state actors". Can't have it both ways. You are nothing but a groveling little fascist fuck, only good for licking the boots of your masters, in the hope that you, yourself, one day might be the one holding the whip. Less than nothing.

      --
      Ubi solitudinem faciunt, pacem appellant.
    393. Re:5th Amendment by Man+On+Pink+Corner · · Score: 1

      How the hell do you know that there is no evidence? Do you work for the CIA? This was purely a self defense action. This moron was traveling with the other moron that made the underwear bomb that they tried to blow up an airliner with and the printer cartridge bomb. I take it in your world the CIA will put all their evidence online so that you can certify their evidence. You sir are so full of shit it oozes through your pores and leaves brown on everything you touch.

      Everything you're telling us has been said before, of course. Remember when George W. Bush explained why the Guantanamo Bay prison was needed in order to protect America from the "worst of the worst?"

      Maybe you have the cojones to stake your life on the words of politicians, but some of the rest of us have been around a little too long for the kind of naivete your words exhibit.

    394. Re:5th Amendment by KingBenny · · Score: 1

      well, it is a law, laws are ordained by those in power so their function is primarily to protect those in power, not 'the people' they govern, laws are mainly there to keep order (and those people in place), not to guarantee freedom since a law that guarantees freedom would be a bit of a contradiction in itself. That's why the horde is governed by self-righteous overzealous paladins

      --
      Free speech was meant to be free for all... how can anyone grow up in a nanny state ?
    395. Re:5th Amendment by wjsteele · · Score: 1

      How does your interpretation change anything? The public was in danger... the military removed that danger... case closed.

      Bill

      --
      It's my Sig and you can't have it. Mine! All Mine!
    396. Re:5th Amendment by khallow · · Score: 1

      Did he was in New York with a machine gun, and shot down people?

      That's not the only way one can kill people.

      Ah wait, he was a "A Web-savvy Islamic _preacher_ with sparkling English, Mr. Awlaki was known for his ability to _couch extremist views_ in ways that appealed to Western youth." So neither the 5th amendment nor the 1th amendment (you know, the right to free speech) don't mean anything that days?

      Why quote that when he is also known for being involved in actual terrorist attacks? "He had been linked to suspects in the 2009 Fort Hood, Texas, shooting spree and the botched bombing of a Detroit-bound jet that Christmas." Does murder mean anything these days?

    397. Re:5th Amendment by MightyYar · · Score: 1

      You have no knowledge he was an enemy of the state.

      First of all, that's not true in this case. The man spent his last years railing against the US very publicly, and in interviews described himself as at war with the US. He took credit for violent actions directed towards the US. If there is propaganda here that I am mistakenly believing, it is his, not the government's.

      Second, I give the government a lot of latitude during war. I have no idea how many of the Afghan "combatants" were actually the enemy. I have to allow that innocent bystanders will get killed during military action. I have to accept fratricide. None of this is acceptable in the context of civil society. Does that make me a sheep? Perhaps. But during war it is important to be the winning flock.

      Here, let me do that too: The US and its policies in Iraq and Afghanistan are pure are evil.

      That's pretty disingenuous of you. Make a threat and follow through on it a few times, then we'll talk. At the very least, incite others to violence.

      Aw-alaki was murdered for thought crimes and unsubstantiated allegations.

      No, he was killed for being part of an organization that is at war with the US. Are you really claiming that this guy didn't deserve to die? You could not have picked a worse example to fight over.

      And finally, no commander in chief will ever pay for their crimes.

      That's absurd. Nixon got the boot for just knowing about a robbery.

      "The President can kill anyone and there's nothing you can do about it."

      That is about the worst possible restatement of my opinion that you could have come up with. I told you exactly what could be done about it. Congressional oversight, judicial oversight, and ultimately impeachment are all in place. That is "what you can do about it". I'm arguing that it is the President's responsibility to make these kind of decisions during wartime, not another secret court's.

      You should feel deep shame.

      Yeah, if I said the words that you tried to stuff in my mouth, I probably would.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    398. Re:5th Amendment by chill · · Score: 1

      The writers of the Constitution had to deal with non-state entities threatening the United States on a regular basis. Piracy in that era was rampant and serious. Nor was it the single-ship group of bad actors that many people picture today. The larger pirate groups commanded fleets of dozens of ships.

      In some cases they were backed by nations. That is what led to the First and Second Barbary Wars. All of which is a moot point because I wasn't addressing the general military actions of using drone, missile strikes and the like against Al-Qaeda and similar groups.

      I was addressing the one specific case of authorizing and carrying out the execution of an American citizen without trial or due process. (Note -- Trial In Absentia is illegal in the United States and has been addressed by the Supreme Court already.)

      --
      Learning HOW to think is more important than learning WHAT to think.
    399. Re:5th Amendment by MightyYar · · Score: 1

      If it was a court, with the judge looking at the presented arguments and concluding that, yes, this guy is indeed an enemy combatant, then there is no problem.

      See, I have no problem with the President being the judge in this kind of situation. You have a man who presents a danger to the US, and he is out of reach of the civil court system.

      I think in this case, the guy is a LOT like an enemy soldier on the battlefield in uniform. But he's a "general" and this is asymmetric warfare.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    400. Re:5th Amendment by devent · · Score: 1

      Sure, but due process mean anything?
      And, he was just linked to the suspects. So what was his crime again? That he known someone who was a friend who knows a friend of the shooting spree killers?

      Yeah, sure, you can kill people with a web site and with a speech. The pen is stronger then the sword.
      I actually read the article, and there was a drone which was targeting some Al Qaeda people, and it just killed everybody around, and the one American was just a random victim.

      That is pretty scary, now if you just happens to be in 10m around some bad people, the USA government have a Carte blanche to kill people, even if they have not done anything.

      --
      http://www.mueller-public.de - My site http://www.anr-institute.com/ - Advanced Natural Research Institute
    401. Re:5th Amendment by khallow · · Score: 1

      Sure, but due process mean anything?

      Not for enemy combatants in war. Do you get it now?

      That is pretty scary, now if you just happens to be in 10m around some bad people, the USA government have a Carte blanche to kill people, even if they have not done anything.

      Always has been the case for any country with a military. Lot of innocent people have died over the millennia. The problem with "bad people" is that if you don't stop them, say by capturing or killing them, they kill more people. Until you can offer a better solution than "Drop a hellfire missile on them", then there's not much point to complaining about what's going on.

    402. Re:5th Amendment by thrich81 · · Score: 1

      As you can tell, I did not have the same concern about the government's actions in this case as many other posters did. However, my real point was that there is a logical inconsistency in how the protections of the 5th amendment are being proposed or I am not understanding some aspect of the situation. The 5th amendment clearly does not distinguish between American citizens and non-citizens, and no reasonable person would want it to. Given that, if al-Awlaki was supposed to have 5th amendment protections in Yemen, then so should every other person/alleged terrorist which we have knocked off on foreign soil through military and CIA action in the last ten years, but no one is trying to claim that -- why not? Your Michigan militia members get 5th amendment protections because they are on US territory, as would anyone else, citizen or non-citizen. That's the only way I can see around the otherwise huge inconsistency in application of the 5th amendment. Now, if you are making the argument that the US should not be executing alleged terrorists without trials through foreign military action in the first place, then that is a whole different discussion with difficult issues and some merit on both sides.

    403. Re:5th Amendment by AP31R0N · · Score: 1

      Slopes are not inherently slippery. But i can't take anyone who says "American imperialism" seriously anyway. You shat away any credibility with such a childish comment.

      --
      Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
    404. Re:5th Amendment by Jubedgy · · Score: 1

      Here's a thought experiment for you.

      How many innocent people have we killed? How many innocent people have terrorists killed? By killing terrorists will we see a net reduction in the number of innocent people killed?

      I submit to you that terrorists have killed a far, far larger number of people than we have, and that NOT killing terrorists would result in a higher death rate than what we see now. To put it more generally: through inaction, we would be killing more innocent people than we currently are through action.

      --
      Si hoc legere scis nimium eruditionis hebes
    405. Re:5th Amendment by anagama · · Score: 1

      Unbelievable. The constitution is the supreme law of the land. You are saying it is OK for the government to ignore the constitution which makes it nothing more than a piece of paper with words on it. If you really think freedom and liberty are that quaint, you should live in a country without them where the president can have jailed or killed on a whim, like N. Korea, because you are an unpatriotic anti-American dupe.

      --
      What changed under Obama? Nothing Good
    406. Re:5th Amendment by anagama · · Score: 0

      I have no idea what the CIA knows and THAT is the point. The Supreme law of the land, the law that makes America what it is, says that the govenment MUST present its evidence in open court in a fair trial.

      You sir are unpatriotic and unAmerican. You shit on every principal our founding fathers fought and die for. Please take your "government can kill anyone it wants without proving they're bad people" to N. Korea where it belongs.

      --
      What changed under Obama? Nothing Good
    407. Re:5th Amendment by anagama · · Score: 1

      Give me a break. Any government in power will view those trying to overthrow it as insurgents/revolutionaries/terrorists whatever.

      Secondly, The Sons of Liberty attacked non-military targets with violence and the destruction of property. Tar and feathering, throwing extremely valuable goods into Boston Bay, all to make a political point. While the goal was to establish a nation based on freedom and representation, the tactic would still be labeled terrorism today by the government it attacked.
      Finally, the constitution applies to everyone, not just those ideologically in sync with present administration. To take the supreme law of the land and shred it, is more dangerous to America than any physical attack because it lays the groundwork for the deprivation of life, liberty, and property at the President's whim.

      --
      What changed under Obama? Nothing Good
    408. Re:5th Amendment by anagama · · Score: 1

      And so have countless others. We don't attack China, Myanmar, any handful of countries in Africa, Saudi Arabia. There is a significant difference between being the proximate cause of death, and not intervening in a bad situation because it can't be made better from without.

      --
      What changed under Obama? Nothing Good
    409. Re:5th Amendment by andydread · · Score: 1

      Yeah when they park a suv outside you house and blow it up, or blow you the hell up with underwear bombs and when you are on a plane or laser printer bombs all because of fucking religion then we'll see.

    410. Re:5th Amendment by Anonymous Coward · · Score: 0

      Terrorist activity is only criminal in the sense of war crimes as it is warfare violating the accepted rules of war.

    411. Re:5th Amendment by devent · · Score: 1

      Then show me please the declaration of war, by the Congress. As far as I know, only the Congress of the USA have the power to declare war. Also you can explain how you can declare war on a group of people.

      From Wikipedia: "[Al Qaeda] has been designated a terrorist organization by the United States, the United Nations Security Council, the European Union, NATO, and various other countries (see below)."

      --
      http://www.mueller-public.de - My site http://www.anr-institute.com/ - Advanced Natural Research Institute
    412. Re:5th Amendment by canadian_right · · Score: 2

      So you are saying that if you decide to kill innocents it is ok as long as the reason was someone else was killing innocents? Which means this terrorist should not have been offended by the USA's many wars as they were caused by the killing of innocents, and thus since he had no good reason to want to kill innocents he was in fact fair game.

      The above paragraph is sophistry, but no worse than the parents. No matter how offended you are by some action it does not justify the wanton murder of innocents which is what this assassinated guy was promoting and organizing.

      --
      Anarchists never rule
    413. Re:5th Amendment by Richy_T · · Score: 1

      Poor use of language. He (if true), would support the right of the states to make those laws, not necessarily the laws themselves.

    414. Re:5th Amendment by Richy_T · · Score: 1

      but no one is trying to claim that

      Incorrect, FWIW.

    415. Re:5th Amendment by Uberbah · · Score: 1

      Given that, if al-Awlaki was supposed to have 5th amendment protections in Yemen, then so should every other person/alleged terrorist which we have knocked off on foreign soil through military and CIA action in the last ten years, but no one is trying to claim that -- why not?

      No one? Just because they've been largely ignored by the media, doesn't mean there haven't been plenty of people opposing assassinations and drone attacks before this week.

      The reason this is all about Al-Awlkai is that he was just the target of a political assassination, and because this is the first time a President has openly asserted the authority to have Americans killed on his say-so while also arguing that any and all evidence must be kept secret for reasons of 'national security'.

    416. Re:5th Amendment by Uberbah · · Score: 1

      He (if true), would support the right of the states to make those laws, not necessarily the laws themselves.

      Poor critical thinking, because that's a distinction without a difference.

    417. Re:5th Amendment by Swave+An+deBwoner · · Score: 1

      Stop making sense. You are interrupting the mass hysteria.

    418. Re:5th Amendment by Anonymous Coward · · Score: 0

      I may be willing to make an exception but only after some due process of law. Heck it could be a secret trial until the person is assassinated and then made public.

    419. Re:5th Amendment by Hal_Porter · · Score: 1

      The Greens got 0.12% of the vote during the 2008 Presidential election. All the smaller parties together got 0.18%

      http://en.wikipedia.org/wiki/United_States_presidential_election,_2008#Nationwide_results

      So good luck with trying to get a party that isn't the Democrats or the Republicans any political power.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    420. Re:5th Amendment by anagama · · Score: 1

      And what does that have to do with the 5th Amendment? Or are you saying that the constitution is no longer valid? You realize that means you are a revolutionary insurgent against America I hope.

      --
      What changed under Obama? Nothing Good
    421. Re:5th Amendment by shutdown+-p+now · · Score: 1

      I don't actually have a fundamental problem with this particular case - he's clearly not an innocent sheep, and good riddance.

      I have a problem with the process, though. President cannot be the judge - his is executive branch. Separation of powers exists for a reason. When you have a single man who makes judgement and executes it (or gives order to execute it), it's not due process. We have to do that in some circumstances because of time and situation constraints, such as on a battlefield - but this (IMO) wasn't one of then, and the fewer there are, the better.

    422. Re:5th Amendment by andydread · · Score: 1

      First of all I am pro-America and I believe when you are in a foreign army, militia, or any other group attacking innocent people and tying to blow up planes etc. You are an enemy combatant. The notion that we should sit back and let them kill people and do nothing is just ridiculous. When a thug threatens the police they lose their 5th Amendment rights right there on the spot. They get shot and many times killed. If they survive the shooting they get dragged into court. When a thug threatens innocent civilians and is holed up many times they are shot and killed by the authorities. This happens every day in America. Whether you threaten us from a far or from near and the authorities have to take you out you deserve it. Wanted..Dead or Alive means exactly that.

    423. Re:5th Amendment by MightyYar · · Score: 1

      We have to do that in some circumstances because of time and situation constraints, such as on a battlefield - but this (IMO) wasn't one of then, and the fewer there are, the better.

      I guess I feel like any time you are talking about someone who is actually a danger to the US, and who the traditional courts simply cannot reach, this is an acceptable outcome. If he were in a country where capture, extradition, etc were possible - then yeah, obviously give the guy his due process. He also had ample opportunity to turn himself in to get due process.

      I think anywhere a court has any kind of authority, the president should not. Even Saddam got his trial. Honestly, the Bin Laden thing was more over-the-line than this. I supported that action, too - but it was in a supposedly friendly country where an trial might have actually occurred. Hell, there might have even been an extradition.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    424. Re:5th Amendment by Anonymous Coward · · Score: 0

      I'm sure if Mr. al-Awlaki were still alive he gladly proclaim that he and his organization are at war with the US and the West. Simply put what goes around, comes around. The armored knights of the middle ages were destroyed by projectile weapons they considered not compatible with their war fighting codes. Let us not make the same error. The "rules of war" are as arbitrary as the rules of a footbal game. Unliess both sides follow them its no contest. I understand that the killing of civilians in US airstrikes is as reprehensible as the suicide attacks against our civilian infrastructure. So be it. It might seem cold hearted but compared to previous wars the number of casualties is essentially at noise levels. That one of the reasons this conflict can continue indefinitely.

    425. Re:5th Amendment by shutdown+-p+now · · Score: 1

      I guess I feel like any time you are talking about someone who is actually a danger to the US, and who the traditional courts simply cannot reach, this is an acceptable outcome. If he were in a country where capture, extradition, etc were possible - then yeah, obviously give the guy his due process.

      My point is that it doesn't have to be two extremes - either a capture and a full-on trial, or a president-ordered assassination. At the very least, have a special court - an open one, so we all know what's going on! - which reviews the facts, concludes that the guy is indeed an enemy actively engaging in hostilities and thus a valid target, and that there is no way of making him stand proper trial - then give (or not, as the case may be) the president permission to order his assassination.

    426. Re:5th Amendment by MightyYar · · Score: 1

      I think the problem with the open court idea is that it exposes a lot of evidence that is probably sensitive to any ongoing battle with the enemy organization. The open court idea is great for lone wolf cases, but otherwise you are left with another "secret court". At that point, who would I rather be accountable, a mystery judge or judges or the President? I think I'd prefer the President, but I'm not religiously wed to the idea.

      I just think that it's not the slippery slope people are making it out to be. Even the Troy Davis execution was more controversial.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    427. Re:5th Amendment by Joey+Vegetables · · Score: 1

      So your temporary illusion of temporary prosperity justifies the murder of hundreds of millions of people during and as a direct result of WW2? Wow. I thought the neocons were evil. Hell, I thought *I* was evil, for knowing about some of the atrocities committed by this "government," and doing less than everything I could to oppose it. If I'm understanding you correctly . . . and I hope and pray I'm not . . . then yours is the single most evil opinion I've heard voiced.

    428. Re:5th Amendment by rthille · · Score: 1

      Nixon is starting to look like the best President since, well Nixon...

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    429. Re:5th Amendment by jklovanc · · Score: 1

      The point you continue to miss is that pirates do not threaten the US; they just steal from citizens of the US. Al-Qaeda's objective is to change US policy through terror tactics. There is a huge difference between a pirate saying "We're going to take your stuff" and al-Qaeda saying "We will continue to kill your citizens around the world until you do what we want". When the issue got big enough, mainly because a state was involved, war was declared and American citizens that fought for the other side were valid war targets. Al-Quada hides in parts of states that the government has no control over so going to war with the "host" country is not an option. You comparison with pirated is not valid.

      The other point you continue to miss was that if there was a way of declaring War of al-Quada then the US would have done it long ago. If war could be declared then al-Awlaki's citizenship would have been stripped and the problem would not be there.

      There you are on your high horse again; it doesn't matter who's blood or how much is spilled (as long as it is not yours or your loved ones) as long as your high moral standing is upheld (and only for American citizens).

    430. Re:5th Amendment by anagama · · Score: 1

      There is no proof he was pointing a gun at a cop. Even in that situation, there is a review of the evidence. There is no evidence here. Just accusation. If you think accusation is enough under the constitution, you just don't understand it. More probably, or obviously, you are comfortable with this violation. That makes you a supporter of dictatorship, a bootlicker.

      --
      What changed under Obama? Nothing Good
    431. Re:5th Amendment by roman_mir · · Score: 1

      some well-known terrorist leader

      - prove it. Prove that he is a LEADER of terrorists. He wrote various things and he had connections, but PROVE that he is a leader.

      --

      But your comment reminded me of an old joke (trying to translate):

      Stalin is giving out orders:

      1. Paint the Kremlin wall yellow.
      2. Execute every one of the current 1000000 prisoners.

      Question: Comrade Stalin, why are are we painting the wall yellow?

      Stalin: As I suspected, there are no questions about the second order.

    432. Re:5th Amendment by Anonymous Coward · · Score: 0

      You're chance of being killed by a terrorist is low, but the chance of a US citizen being killed is over 300 million times higher. Or are you saying that elected officials should only be concerned about you and not all citizens?

      That is not how statistics work. If the parent poster is correct, the chance of a US citizen being killed by a washing machine is still greater than the chance of a US citizen being killed by a terrorist. I believe that elected officials should concern themselves with the greatest threats, which are neither washing machines or terrorists but things like toxic pollution, tobacco smoking, and unsafe roads.

      I'm strongly against the death penalty. I think it's barbaric and has at least one overwhelming reason not to do it - you can't reverse mistakes. However, in the case of people who are spending their entire lives working out ways to kill their fellow citizens in wholesale quantities using military grade weapons if available or airplanes if not, I'm willing to make an exception.

      Agreed, just like those serial killers who spend their entire lives working out ways to kill people, sometimes the right thing to do is execute them. After a trial and a finding of 'guilty'.

      I would argue that this cleric would have been more than happy to renounce his citizenship, except he knew full well that visiting an embassy to sign the required paperwork would not end well for him.

      Not to mention paying the processing fees to the imperialist American empire!

    433. Re:5th Amendment by andydread · · Score: 1
      Aaron Bassler wasn't pointing a gun at a cop at the moment he was killed either until the swat team shot at him first while waking through the woods armed with a rifle

      Bassler was about 60 yards away when he was spotted, according to the sheriff. When he was 40 yards away, the SWAT team members shot at him and he fell to the ground. "He was considered armed and dangerous," Allman said. "We believe there was seven shots fired. We believe all seven hit him."

    434. Re:5th Amendment by khallow · · Score: 1

      Then show me please the declaration of war, by the Congress.

      Does Congress have to give an enemy of the US permission before they can attack the US? Sure, the current US mechanisms for having a war without declaring one are a considerable abuse of power (and I wouldn't mind in the least warmaking allowed only with an explicit declaration of war by Congress). But that doesn't have much to do with the people who actually attack the US, whether US citizens or not.

    435. Re:5th Amendment by Anonymous Coward · · Score: 0

      And you think that's OK? You're a lost cause.

    436. Re:5th Amendment by Anonymous Coward · · Score: 0

      This is a silly metaphor but it explains the problem: Consider people who are allergic to bee stings, their immune system goes into overdrive when stung. Each sting makes the effect worse until eventually the immune system disrupts other systems and the person has a massive cardiac or respiratory event.
       
        Over-reacting and disproportionate responses to threats (and yes these can be legal/ethical) does affect the system.
       
        If this becomes the norm, citizens of the world will have an increasingly negative reaction to noises of low flying objects. They will have defensive reactions and more fear of a government which doesn't follow rules. From these things it seems obvious that they will think and act less communally, they will think of assisting government as assisting murder. If you start to become worried that new innovations you create will be misused you will spend time and thought worrying about it, you will become less innovative.
       
      Another obvious consequence is the world will increasingly think of you as monsters... in the nuclear age, wariness is extremely risky.

    437. Re:5th Amendment by Nyder · · Score: 2

      Really? If you could time travel, you would have assassinated Hitler?

      Nope.

      If i could time travel, i'd make it my mission to go back and beat the shit out of fucked up people in history.

      Hitler? I'd probably go back and beat him up as a kid, sheesh, he might deserve a few visits during his timeline.

      Ronald Reagen? I'd hit him so hard he'd go senile.

      Let's see, who else deserves a historical beatdown. there we go, new reality series!!!!

      "Historical Beatdown!!! The only show where you can pick a MMA athlete to go back in time and beat the crap out of some famous person!!!!

      Didn't like Joan of Arc? Get Cristiane (Cyborg) Santos to show her a beatdown like she's never experienced."

      now that's TV i could watch.

      --
      Be seeing you...
    438. Re:5th Amendment by redemtionboy · · Score: 1

      How is our current foreign policy not imperialistic?

    439. Re:5th Amendment by superwiz · · Score: 1

      Wait, are you really arguing that he didn't take up arms against the government of the United States? Because a US citizen doing so would fit the definition of a rebel quite well. Are you really insisting that to be a rebel, one must be on the territory of the United States? Really? And you go accusing others of rationalizations?

      --
      Any guest worker system is indistinguishable from indentured servitude.
    440. Re:5th Amendment by devent · · Score: 1

      Terrorism was known before 9/11, you know? Just look up how many terrorist groups were already known before even Al Qaeda. Just look them up on Wikipedia*

      The USA is current the only country which kills terrorists without a process. All other countries (at least civilized countries) are going the "hard way" and arrest them.

      Here** are all Anti-terrorism legislation, please point me to the convention or treaty under which the USA can send drones in foreign countries and kill people with military force.

      * http://en.wikipedia.org/wiki/Terrorist_groups
      ** http://en.wikipedia.org/wiki/International_conventions_on_terrorism#International_conventions_related_to_terrorism_and_counter-terrorism_cases

      --
      http://www.mueller-public.de - My site http://www.anr-institute.com/ - Advanced Natural Research Institute
    441. Re:5th Amendment by khallow · · Score: 1

      The USA is current the only country which kills terrorists without a process.

      France, Russia, and Israel come to mind as counterexamples among the Western world and there are plenty of examples once you get away from that.

    442. Re:5th Amendment by ukemike · · Score: 1

      Yup, read it. I was right, that was definitely not a declaration of war against Yemen.

      Additionally the Authorization for Use of Military Force, September 18, 2001 authorizes use of military force against the perps of the 9/11 attacks. This particular scumbag is not accused of having anything to do with the 9/11 attacks. Finally act of Congress or not, dropping bombs on countries that we are not at war with is a violation of international laws and agreements which the US is a party to. Before you object about international law being unimportant, remember that our constitution enshrines treaties as the law of the land. So while I'm not shedding any tears for this thug, I am shedding tears for my country which has become a purveyor of international terrorism, kidnappings, assassinations, and torture.

      --
      -- QED
    443. Re:5th Amendment by LanMan04 · · Score: 1

      Lots of mob bosses and leaders were executed in a manner similar to this, right inside America. Even today, snipers are used in raids on organized crime locations. This is not unacceptable : it's merely the least bad option.

      [Citation Needed]

      Really? You're telling me that the domestic police are given shoot-to-kill orders in non-life-threatening situations? When the guy hasn't been arrested or charged with any crime?

      You're full of it.

      --
      With the first link, the chain is forged.
    444. Re:5th Amendment by Altus · · Score: 1

      those captured soldiers were uniformed actors of a recognized state, they were lawful combatants and they are granted certain rights under the geneva convention. Non uniformed combatants, which is what terrorists are categorized as, are not given the same set of rights.

      You can argue that this guy wasn't a combatant i guess, but you can't compare his treatment to the treatment of uniformed soldiers.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    445. Re:5th Amendment by Moryath · · Score: 1

      Oh good grief. Get the fuck over yourself.

      The "rules of war" - aka the Geneva Conventions - do, as you say, not apply to non-state actors. For that matter, they do not apply to national armies ("state actors") who are members of a state like, say, North Korea which has not signed and ratified the Geneva Conventions.

      The Conventions were specifically written that way to avoid tying the hands of armies which would hold to them when facing - dare I say it - insane, murderous groups who throw all common decency and notions of humanity out the window and engage in such tactics as hiding their forces with civilians, holding hostages and using human shields, and using suicide troops.

    446. Re:5th Amendment by Pseudonym · · Score: 1

      I'm not American, you insensitive clod.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    447. Re:5th Amendment by Tsingi · · Score: 1

      Let us use our imaginations, just a little bit...

      Actually, the US didn't consider fighting the Nazi's until it was relatively clear that the Russians were beating them back. Also, the Nuremburg trials were a very good example of due process. Many just wanted to execute Nazi's, like you did with Bin Laden.

    448. Re:5th Amendment by Uberbah · · Score: 1

      Wait, are you really arguing that he didn't take up arms against the government of the United States?

      Wait, are you really throwing out big claims without big evidence to back them up? Nigerian yellow-cake and aluminum tubes ring a bell?

    449. Re:5th Amendment by superwiz · · Score: 1

      "Evidence"? You probably should say "intelligence." Evidence is information presented (or presentable) at a trial. The whole point of the exception to privilege of Habeas Corpus is to outline the cases when insisting on a trial is unreasonable. And yes, Bush administration had bad intelligence. But their burden of getting good intelligence was much higher. They were making a much larger commitment than taking out 1 guy. The burden of getting good intelligence is on the armed forces. And only for the purposes of protecting the country (not for the purpose of having to defend their actions in court). If they had enough intelligence to indicate that the guy was providing training to active combatants against the US, then the armed forces were perfectly justified in treating him as a rebel. Can this chain of logic be abused? Absolutely. Just as every other public service position can be. Will it eventually get abused if we accept widespread targeting of US citizens as rebels? Most likely. Does that mean that the this guy had to be treated as something other than a rebel even though he was a rebel? No. There is no perfect world. There is only a choice of available alternatives. If he fit the archetype of a rebel more than that of a criminal, than the correct choice was to treat him as a rebel.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    450. Re:5th Amendment by Uberbah · · Score: 1

      Word salad. Where, exactly, is the "bad guy" exception in the 5th Amendment:

      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.

      Al-Awlkai was not in service to the United States, and no war was declared or authorized in Yemen.

      If they had enough intelligence to indicate that the guy was providing training to active combatants against the US

      If, if, if, if. No one is bothering to clearly outline just how Al-Awlkai was a "bad guy", much less explain how you manage to kill the cleric without nakedly violating the Constitution.

    451. Re:5th Amendment by superwiz · · Score: 1

      Word salad. Where, exactly, is the "bad guy" exception in the 5th Amendment:

      No where. But again, you are not responding to a post about 5th amendment. I gave a quote from article 1 section 9. But if you can't read, then quite a bit probably looks like word salad to you.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    452. Re:5th Amendment by rossjudson · · Score: 1

      Don't think that he needs to be charged. The equivalent of an arrest warrant needs to have been issued, and published appropriately. At that point due process is available, and should be utilized by the arrestee.

    453. Re:5th Amendment by DragonTHC · · Score: 1

      The Constitution does not require every armed "rebel" to be captured./blockquote

      nope, but the constitution was written to allow armed rebels to take on the goverment. It's the basis of our republic.

      I'm not going to deny that this guy was a terrorist. Though his citizenship granted him protections against being assassinated.

      He should have been captured and tried.

      --
      They're using their grammar skills there.
    454. Re:5th Amendment by circletimessquare · · Score: 1

      No.

      Intent matters on all judgments in this world. That is why, for example, we have legal concepts like first degree murder, for a carefully planned cold blooded execution, and involuntary manslaughter, where a moment's distraction on the road means you unintentionally killed someone. Every single moral and legal system in the world evaluates INTENT.

      By the same token you need to evaluate the INTENT of Awlaki. You need to examine WHAT the man was fighting for: medieval ultraconservative insanity, and the MEANS he was willing to go to achieve that goal: the mass murder of innocent civilians in peacetime.

      If you cannot consider these concepts when evaluating situations like this, you are simply announcing yourself as a hamfisted simpleton who is completely and utterly without the intellectual faculties to comment in any valid or useful way on this topic.

      Stick with video games, moron. You are simply not bright enough to comment on nuanced legal and moral questions.

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    455. Re:5th Amendment by Anonymous Coward · · Score: 0

      Maybe you could make a movie about intentional zombies. That would be great.

  2. Just read the title by Stele · · Score: 1

    I didn't think drones had stingers. Did he choke on it or something?

  3. guns don't kill people. by lkcl · · Score: 1

    Drones don't kill people - people kill people

    1. Re:guns don't kill people. by Windwraith · · Score: 2

      No, people with drones kill people without drones and drones with people kill people.

      Because drones that kill people require people with drones that kill people. You cannot kill people with drones without drones and without people with drones operating drones to kill people.

      Can I have a drone? I'll name it Buster, I already got the dronehouse in my yard.

    2. Re:guns don't kill people. by Anonymous Coward · · Score: 0

      Guns aren't autonomous. Drones are programmed to be. Just because it's not aware of its actions, that doesn't mean it wasn't the drone doing the killing.

      I argue drones *do* kill people (then again I haven't been brainwashed with the whole "guns don't kill people" thing). But just because guns and drones kill, that doesn't mean there aren't people behind those killings which should be held responsible for the killing in question. Now imagine a drone needing instructions from 2 different people before it goes out for a kill. Or 10. Or 50% majority vote. Neither one person that voted for the killing actually killed, as neither individual vote is sufficient to cause a kill. The responsibility got watered down. Yet each one voting for the kill is still partially responsible, not the drone. Fact is none of the people individually can fully be considered killer, but a single killing occured nonetheless, not a million/millionths of a killing. Who did the killing? The drone.

      Anyone care to write, or point me to an Asimov-style story of this idea? I'm too lazy to write one myself right now.

    3. Re:guns don't kill people. by YrWrstNtmr · · Score: 1

      Guns aren't autonomous. Drones are programmed to be. Just because it's not aware of its actions, that doesn't mean it wasn't the drone doing the killing.

      Um, you do realize that our current crop of armed 'drones', the Predator and Reaper, are not autonomous vehicles, but merely remotely piloted. The only difference between them and any current fighter or bomber is that the pilot sits elsewhere. To be sure, that is a major difference, but they are not autonomous. Some guy still has to drive it and push the missile fire button.

  4. He has been linked? by Bandwidth_ · · Score: 0

    None of the "links" to those actions have been heard in a court of law. He was never charged with a crime, and never indicted. In fact when asked about it the Dept. of Justice says that all such evidence are state secrets and we'll just have to take their word and arbitrary assertions as fact.

    1. Re:He has been linked? by couchslug · · Score: 1, Insightful

      In War there is no requirement to try every enemy soldier before opening fire.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    2. Re:He has been linked? by Grygus · · Score: 3, Insightful

      This involves no war, and he was not a soldier. If you can define a war as "action against any organization ideologically opposed to the administration" and a soldier as "accused member of said organization" then you can kill pretty much anyone you like.

    3. Re:He has been linked? by tmosley · · Score: 1

      What happens when the war moves to our soil?

    4. Re:He has been linked? by gandhi_2 · · Score: 1

      I'm curious just exactly WHAT you think this dude and his friends would do to you, your family, and your nerdy friends if he got the chance. The guy was an outspoken leader of an insurgent group who called by words AND actions to see the destruction of all non-islamic culture. You probably think things would all be fine if we just ignored them? These guys would REALLY let you live in peace? Clinton pretty much turned the cheek for 8 years and it didn't help at all (Yemen, Kenya, Nairobi, Cole, WTC1....), god bless him for trying.

      This dude was involved in the planning and conduct of Al Qaeda operation on US soil. You are talking about war, and for some reason you want to take it to court. Let the lawyers fight the wars? You're fucking retarded.

      This dude was on the kill list for over a year. Did you worry about his guilt back then? No. This dude would have told you he was your enemy if he was alive right now to tell you.

      So shut the fuck up and go back to your life. One less AQ guy to worry about. The DOD, CIA, et al. will keep mowing the grass to keep you as safe-ish as they can.

    5. Re:He has been linked? by Anonymous Coward · · Score: 1

      I didn't read your handle till after I read your comment. Awesome!

    6. Re:He has been linked? by X.25 · · Score: 1

      This dude was involved in the planning and conduct of Al Qaeda operation on US soil. You are talking about war, and for some reason you want to take it to court. Let the lawyers fight the wars? You're fucking retarded.

      And evidence to support your claims is available where, exactly? Oh right, I forgot. There was no trial, so there was no need for evidence.

      Well, I certainly wish good luck to all those mafia bosses and drug dealers, when this becomes a standard in "war on drugs". I certainly hope to start seeing some progress in that war, now that it has been established that your "enemies" in any 'wars" can be killed freely.

    7. Re:He has been linked? by couchslug · · Score: 1

      Some context:

      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.

      Approved September 18, 2001.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    8. Re:He has been linked? by ObsessiveMathsFreak · · Score: 1

      I'm curious just exactly WHAT you think this dude and his friends would do to you, your family, and your nerdy friends if he got the chance.

      Well.... we've got a Wall Mart.

      --
      May the Maths Be with you!
  5. One of 'us' by maxume · · Score: 5, Insightful

    It's fascinating how many people are worried that the U.S. government assassinated a U.S. citizen, rather than worrying that the U.S. government is assassinating people.

    And yes, I understand that there is a legally declared war and that there is a very strong case that this guy was involved with the enemy in that war.

    --
    Nerd rage is the funniest rage.
    1. Re:One of 'us' by couchslug · · Score: 0

      The people aren't actually "worried" because they object to the war itself, and they aren't interested in the difference between military combat and civil policing.

      They are simply being deliberately contrarian.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    2. Re:One of 'us' by whisper_jeff · · Score: 2

      And yes, I understand that there is a legally declared war...

      No. There isn't. The US hasn't declared war in a very long time, in fact. I believe, if I remember correctly, that it's classified as a "military action". The US has not, however, declared war.

      Well, except the war on drugs and the war on terrorism but I don't think that's what you meant when you said "legally declared war".

    3. Re:One of 'us' by Ralph+Spoilsport · · Score: 1
      Agreed. However, circles of empathy are not binary - Me | EveryoneElse.

      There are gradients, ranging from rocks and inanimate material to your family. One border is the "kill people" distinction. Kill People Trying To Kill You is normally permitted, regardless of who the person is. The issue here is "Government Killing People" and in this case, as the government is (theoretically) the will of the people, do the people have the right to kill people individually as they are a perceived harm or threat, and do they have the right to kill people who are also part, by birthright, of the polity that is doing the killing, i.e., may the polity kill its own without regard to trial and the rights of jurisprudence normally guaranteed to its citizens.

      Your point, does the polity have the right to selectively murder people in foreign lands, is another issue altogether. Obviously, the answer is no - that is called Terrorism, in this case State (USA) Sponsored Terrorism. However, one life versus thousands is only a distinction of scale, not principle. The brutality visited upon the people of Iraq, for instance, can be seen as State Sponsored Terrorism scaled wildly. While the assassination of a specific person in a specific country (and the collateral murder of associates) is a root issue, it is operating at a more exterior circle of empathy than the question of whether or not a polity can murder its own without trial.

      So, I am not disagreeing with you, I'm just pointing out the differences that make for these differing arguments.

      We live in a degenerate world.

      --
      Shoes for Industry. Shoes for the Dead.
    4. Re:One of 'us' by maxume · · Score: 1

      I do not find it to be an interesting distinction. "With the permission of congress".

      --
      Nerd rage is the funniest rage.
    5. Re:One of 'us' by john.r.strohm · · Score: 1

      Please mod this guy up. He is absolutely correct.

      The Constitution of the United States of America says, in so many words, that only Congess may declare war, and Congress has passed no such declaration in this matter.

      If memory serves me, the last time Congress passed a Declaration of War was World War II. We have had quite a few "police actions" since then, many of which involved deployment of large numbers of troops and large quantities of equipment, expenditure of large quantities of ammunition, and way too many American soldiers coming home in boxes.

    6. Re:One of 'us' by couchslug · · Score: 0

      This was merely "precise warfare", not "murder".

      The target was an enemy troop who repeatedly and thoroughly demonstrated hostile intent. The force use was proportional.

      The citizenship of the enemy soldier was not relevant.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    7. Re:One of 'us' by Anonymous Coward · · Score: 0

      As far as we know, the worse he did was to have tea with Bin Laden on a few occasions. No proof has been given to the public that he was actively helping Al Qaeda.
      All we know is that he was spreading hate messages towards the US. If that's a crime, then half of the people in Europe should fear being killed by a drone. It's free speech, a human right, and the USA violated it and killed him.
      If he truly took an active part in Al Qaeda, I want to see proof.

      Obama just said "This guy is helping terrorists" and we are all supposed to take his word for it.
      Then he had him assassinated without a trial.
      That's all there is, and Americans better start asking questions right now if they want a future where they are free people.

    8. Re:One of 'us' by Ralph+Spoilsport · · Score: 4, Insightful
      He was not a "troop" as he was not an "enemy" nor military.

      He was an american citizen, and therefore due all the rights a citizen deserves, which include being arrested, tried, and convicted for treason.

      He was not a "troop" - he was a civilian.

      You are wrong, and a typical example of how the terrorists WON on 9/11.

      --
      Shoes for Industry. Shoes for the Dead.
    9. Re:One of 'us' by maxume · · Score: 1

      You are just the other side of the coin I am talking about. You see no need to discuss the targeted killing of an individual living in a country with no declared hostilities with the U.S. simply because you are willing to classify the act as legal warfare.

      --
      Nerd rage is the funniest rage.
    10. Re:One of 'us' by maxume · · Score: 1

      (But you are correct, it is authorized military action, not a declared war)

      --
      Nerd rage is the funniest rage.
    11. Re:One of 'us' by tmosley · · Score: 1

      Was it not interesting when the German legislature ceded all authority to the executive? Tell me, what happened after they did that?

      "It could never happen here" there either.

    12. Re:One of 'us' by maxume · · Score: 1

      You'll have to explain what you mean. A declaration of war would be done by congress, just like the authorization for use of military force against terrorists was done by congress.

      And congress could, acting alone, end either one.

      --
      Nerd rage is the funniest rage.
    13. Re:One of 'us' by tmosley · · Score: 1

      Incorrect. The congress has ceded the ability to start wars AND to continue them (as Obama exceeded the time limit perviously alloted without going to Congress for approval, essentially appropriating the power for himself).

      Congress has given up their power over war, and are now nothing but a rubber stamp. If they put their foot down and bring the troops home, then I will believe what you say. But they never have, and likely never will.

    14. Re:One of 'us' by Anonymous Coward · · Score: 0

      I believe his point was that people are debating whether the action breached the constitution since he is a US citizen; whereas they cheer when it's not an American.
      Ie, kill all you want, as long as it's not American.

    15. Re:One of 'us' by X.25 · · Score: 1

      This was merely "precise warfare", not "murder".

      The target was an enemy troop who repeatedly and thoroughly demonstrated hostile intent. The force use was proportional.

      The citizenship of the enemy soldier was not relevant.

      Then why don't you start killing mafia bosses in the US? Why are you trying to take them to court?

    16. Re:One of 'us' by maxume · · Score: 1

      If they have truly given up the powers, there can't be a way for them to demonstrate that they have not given them up. So in that scenario, it would take something like a civil war to take the powers away from the executive.

      (arguing that congress has not demonstrated any interest in exercising those powers would at least be coherent)

      --
      Nerd rage is the funniest rage.
    17. Re:One of 'us' by Prof.Phreak · · Score: 2

      Well, if he was head of the peace movement, I'd be angry and outraged.

      As things are, I think our government's strategy now is to kill off anyone who declares themselves a leader of a terrorist group with clear intention to cause trouble for USofA---before long, nobody would want to be a leader (if they're systematically killed off months/weeks after assuming the role).

      Morale of the story: if you don't want to be a (drone) target, don't declare America as your target.

      --

      "If anything can go wrong, it will." - Murphy

    18. Re:One of 'us' by maxume · · Score: 5, Insightful

      I think you are making an awful big assumption when you say that nobody will want to organize resistance against a nation that claims to have power over the life and death of any person they deem to be a sufficient threat.

      --
      Nerd rage is the funniest rage.
    19. Re:One of 'us' by imuffin · · Score: 4, Insightful

      Right. The 5th amendment doesn't specify that due process is guaranteed only for citizens; it applies to all persons. That's the point of the bill of rights: it outlines inalienable human rights that belong to all humans, citizens or not.

    20. Re:One of 'us' by Anonymous Coward · · Score: 0

      The US citizen aspect is mentioned because people are idiots. Mentioning citizenship avoids the mistaken perception that self evident and inalienable rights only apply to citizens.

    21. Re:One of 'us' by SmurfButcher+Bob · · Score: 1

      I'm quite certain that al-Awlaki very much considered himself at "war", very much an "enemy" of the US and its civilians, and very much a "soldier" in what he considered to be "God's Army" for the Jihad, intentionally lived long term in a foreign country for that purpose, willfully surrounded by other "soldiers" of like mind and intent. If you don't call that an enemy combatant... you might want to check the batteries in your CO detector, because you are clearly hypoxic.

      Armchair What-If's, Theorycrafts and Coulda-Beens don't apply, here. al-Awlaki made himself VERY fair game for open slaughter. If you wish to game some other scenario or variant - great, but do NOT apply it to this guy's death.

      --

      help me i've cloned myself and can't remember which one I am

    22. Re:One of 'us' by Rakshasa-sensei · · Score: 1

      Yes, we all know how easy it is to twist language to fit one's own personal agenda.

    23. Re:One of 'us' by Raenex · · Score: 1

      a typical example of how the terrorists WON on 9/11.

      The terrorists don't give a shit if Obama violates the Constitution. I'm pretty sure they'd rather not have had their English preacher for jihad assassinated.

    24. Re:One of 'us' by the+eric+conspiracy · · Score: 1

      Congress passed the AUMF authorizing military force in this matter. Whether or not that is 'war' is a stupid matter of semantics. It is certainly constitutional for the President to act on this basis.

    25. Re:One of 'us' by couchslug · · Score: 1

      In what way does "citizenship" exclude being a "troop"?
      Examples please or shut the fuck up.

      Two historic examples of US "civilians" joining foreign forces and serving in war:

      Americans in the Abraham Lincoln Brigade were US citizens AND "troops" in the Republican forces during the Spanish Civil War.

      http://www.alba-valb.org/

      The Flying Tigers were US citizens AND "troops" (to be precise, mercenaries!) in the Nationalist Chinese air force.

      http://www.flyingtigersavg.com/tiger1.htm

      "The official status of Claire L. Chennault in China prior to 1942 was always a subject of speculation. Chennault himself states that he was a civilian advisor to the Secretary of the Commission for Aeronautical Affairs, first Madame Chiang and later T.V. Soong. Until he returned to active duty with the United States Army in the spring of 1942, four months after Pearl Harbor, he had no legal status as a belligerent and held no rank other than retired captain in the United States Army. Even while he commanded the American Volunteer Group in combat, his official job was adviser to the Central Bank of China, and his passport listed his occupation as a farmer."

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    26. Re:One of 'us' by couchslug · · Score: 1

      Jihadists already do that very thing. Have a nice fatwa.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    27. Re:One of 'us' by fotoguzzi · · Score: 1

      Two hundred years ago, the young U. S. was fighting sea pirates. To my knowledge, the U. S. did not determine which countries all the pirates were from and declare war on those countries (at least during the first years). They just reasoned who were the bad guys and sunk their ships.

      Today, it might be argued that the U. S. is fighting African-Embassy/discotheque/shoe/airplane pirates and sometimes sea pirates. How does one declare war against a convoy of cars? Or a training camp?

      There might be precedent for chasing after bad guys (of course it is more simple when it is on the high seas), and if an American is hanging out with the bad guys, he gets hurt.

      Can today's drone wars be compared to the classic pirate days? No answer here, but there might be a slight resemblance.

      --
      Their they're doing there hair.
    28. Re:One of 'us' by shutdown+-p+now · · Score: 1

      before long, nobody would want to be a leader (if they're systematically killed off months/weeks after assuming the role).

      Did you miss the whole part about 72 virgins awaiting one in paradise, where one is guaranteed to get if killed by enemy action as a shaheed waging Jihad?

    29. Re:One of 'us' by Anonymous Coward · · Score: 0

      Max,

      I might argue that in fact, the USofA is doing exactly that, against the dream-nation of the Jihadist whack-jobs. The fact that their nation is virtual and not fully implemented yet... is nothing more than a technical curiosity.

      Or did I miss something when I cannot post a facebook picture of Mohammad.

    30. Re:One of 'us' by devent · · Score: 1

      Please show me that declaration of war. I really like to see when the congress of the USA declared war on Al Qaeda, a non-state, an organization of people. As far as I know the US congress didn't even declared war on Iraq or Afghanistan (and not on Libya), but the military acted alone on the order of the president.

      --
      http://www.mueller-public.de - My site http://www.anr-institute.com/ - Advanced Natural Research Institute
    31. Re:One of 'us' by Anonymous Coward · · Score: 0

      And yes, [b]I understand that there is a legally declared war[/b] and that there is a very strong case that this guy was involved with the enemy in that war.

      No, there isn't.

      Authorization of Force != Declaration of War

    32. Re:One of 'us' by scubamage · · Score: 1

      Its not stupid semantics though. The constitution says only congress can declare an act of war, that defines a war as something declared by congress. Nothing else counts as a war. So when we say that "a time of war" is required to supersede a fundamental right - in this case, due process, the semantics matter a very good deal. No declaration of war, no legal right to do something without due process.

    33. Re:One of 'us' by Anonymous Coward · · Score: 0

      Part of the functional shifting between "Rule of Law" and "Rule of Man"

    34. Re:One of 'us' by Anonymous Coward · · Score: 0

      You must be a lawyer or a Muslim. Either way they have the same mentality. Islam has declared war on humanity. Either convert or die. I want my government to respond in kind when attacked. I don't care if he is American or not. Attack Americans and you die. What I really want from government is to not only kill you, but also you family, your friends, and anyone associated with you. That's how great empires respond. That is how Ghengis Khan, the Roman Empire, and the Nazis responded. When you killed a Roman, they not only killed you, they also eliminated your family, and the village you lived in.

    35. Re:One of 'us' by Uberbah · · Score: 1

      I'm quite certain that al-Awlaki very much considered himself at "war", very much an "enemy" of the US and its civilians, and very much a "soldier" in what he considered to be "God's Army" for the Jihad, intentionally lived long term in a foreign country for that purpose, willfully surrounded by other "soldiers" of like mind and intent.

      Based on what. And while you're coming up with those links, would you have any interest in buying some shares in the Brooklyn Bridge? I swear, it's a great deal....

    36. Re:One of 'us' by Uberbah · · Score: 1

      (But you are correct, it is authorized military action, not a declared war)

      When has Congress authorized military action in Yemen? Not even the Obama administration has claimed that al-Awlaki was involved in 911, so Bush's AUMF would not apply.

    37. Re:One of 'us' by Anonymous Coward · · Score: 0

      (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.

      More at http://en.wikipedia.org/wiki/Authorization_for_Use_of_Military_Force_Against_Terrorists

      The language is very broad...the guy probably harbored somebody once.

    38. Re:One of 'us' by AP31R0N · · Score: 1

      Declared War, in the case of the US is redundant. No declaration = no war. We don't have "common law war". Either we are, or we are not. In this case... we are not.

      --
      Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
    39. Re:One of 'us' by Uberbah · · Score: 1

      Your link, first paragraph:

      The Authorization for Use of Military Force Against Terrorists (Pub.L. 107-40, 115 Stat. 224, enacted September 18, 2001), one of two resolutions commonly known as "AUMF" (the other being "Authorization for Use of Military Force Against Iraq Resolution of 2002"), was a joint resolution passed by the United States Congress on September 14, 2001, authorizing the use of United States Armed Forces against those responsible for the attacks on September 11, 2001.

      Not responsible for the 911 attacks? AUMF doesn't apply.

    40. Re:One of 'us' by Anonymous Coward · · Score: 0

      You have to read and interpret such things in their entirety.

      The stuff you quote places no limits on "or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons,"

      Bought them a soda on their way to the U.S.? Aided them.

    41. Re:One of 'us' by maxume · · Score: 1

      Do you mean they organize resistance, or do you mean they claim power over life and death of others?

      If it's the latter, exercising such claimed power is widely considered criminal behavior, so the fact that they do it does nothing to bolster your argument that it deserves a military response.

      --
      Nerd rage is the funniest rage.
    42. Re:One of 'us' by Uberbah · · Score: 1

      You have to read and interpret such things in their entirety.

      So when are you planning on doing that, so you can point out where Al-Awlkai has even been accused of aiding in the 911 attacks, even going by a ludicrous "can of coke" standard?

      Just because you repeatedly assert something doesn't make it true. Bushco did that for Saddam and the 911 attacks - didn't work for them, either.

  6. Seven of Nine disapproves by Dachannien · · Score: 3, Insightful

    Inefficient. Drones should assimilate, not kill.

    1. Re:Seven of Nine disapproves by seven+of+five · · Score: 5, Funny

      But I approve.

  7. Name the only candidate that would stop this.. by mwasham · · Score: 5, Insightful

    If you value liberty you need to suck it up and admit that Ron Paul is right and quit playing this dems/reps game. They are one and the same.

    1. Re:Name the only candidate that would stop this.. by bmo · · Score: 0

      Ron Paul would just have us trade one tyranny for another, that of moneyed interests against "the rest of us" which is going on as we speak, but even more so.

      You're fooling yourself if you think he's on "our side"

      --
      BMO

    2. Re:Name the only candidate that would stop this.. by mwasham · · Score: 5, Informative

      "moneyed interests" - already control us. No need to trade anything. Ron Paul is the only candidate standing up to the "moneyed interests". You should educate yourself before you speak such non-sense. http://www.youtube.com/watch?v=ji_G0MqAqq8 http://www.ronpaul.com/on-the-issues/fiat-money-inflation-federal-reserve-2/

    3. Re:Name the only candidate that would stop this.. by couchslug · · Score: 0

      Attacking enemy troops on the global field of battle has zilch to do with my liberty.

      Now that Ron Paul demonstrated he doesn't know the difference between the Law of Armed Conflict and civil policing I'll be sure to bring up this example often!!

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    4. Re:Name the only candidate that would stop this.. by Anonymous Coward · · Score: 0

      Ron Paul is the ONLY candidate on our side. All other candidates will continue the wars, continue the collapse of the economy by printing money, continue to take away our civil liberties. Isn't it time to put an end to all this?

    5. Re:Name the only candidate that would stop this.. by Anonymous Coward · · Score: 1

      Ron Paul would just have us trade one tyranny for another, that of moneyed interests against "the rest of us" which is going on as we speak, but even more so.

      You're fooling yourself if you think he's on "our side"

      --
      BMO

      I think he's for real - really.

      Which is why he will never - ever - be nominated for President; regardless as to how well he does in primaries or polls. The powers that be don't want him there.

      Or look at the media - they treat him like a joke.

      And yet, wacko-nutcase-morons like Perry, Bachman and others that spew shit that's incredibly whacked get plenty of air time and serious consideration from their parties.

      What the fuck does that tell you about our whole system: media, politics, political parties, government, campaign, .....

      Why isn't the media and other politicians saying "Hey! Paul does have some great points!" I disagree with a few things that Ron Paul says but to treat him the way he's being treated? Something is not right.

    6. Re:Name the only candidate that would stop this.. by TheCarp · · Score: 1

      Enemy troops on the global battlefield? Drink much cool-aide do you?

      Allowing the government to declare a global battlefield and murder whoever they please without any manner of due process is an insult to the very core of liberty.

      These people are not now, and never were an existential threat to this country. There is not now, and never has been, any real justification for declaring a ridiculous, unending global war against these insignificant mosquitos on the ass of world culture, who can barely get a plot together, and 90% of the time seem to need FBI help to find their way out of a paper bag.

      Wake me up when they muster a 9/11 a day for a few weeks...then you have an enemy worth declaring a war on.

      Until then, its just excuses for power tripping judge dread wannabes going around murdering people, which is the ultimate denial of civil rights and due process, no matter where you live, all while swearing to uphold a constitution that demands due process to defend liberty.

      They disgrace us, and legitimize the enemy.

      --
      "I opened my eyes, and everything went dark again"
    7. Re:Name the only candidate that would stop this.. by LynnwoodRooster · · Score: 1

      These people are not now, and never were an existential threat to this country. There is not now, and never has been, any real justification for declaring a ridiculous, unending global war against these insignificant mosquitos on the ass of world culture, who can barely get a plot together, and 90% of the time seem to need FBI help to find their way out of a paper bag.

      Tell that to the families of 2,977 people murdered on September 11, 2001. Heck, since they're so insignificant, go ahead and send your parents or siblings over to the wilds of Afghanistan or Yemen to have a chat. When they're beheaded like Daniel Pearl it won't mean jack shit because they're insignificant, and it's only a few people, well below the thousands killed earlier that you claim are irrelevant.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    8. Re:Name the only candidate that would stop this.. by LS · · Score: 1

      Who are "the rest of us"? The vast majority of people? And what rights exactly does he plan to give this so-called group that turns them into dictators of those of moneyed interests?

      --
      There is a fine line between being a cultivated citizen and being someone else's crop. - A. J. Patrick Liszkie
    9. Re:Name the only candidate that would stop this.. by Libertarian001 · · Score: 1

      First, BS. But sure, go on thinking that. Much more appropriately, let's say it's true. How is that any different than what's going on now?

    10. Re:Name the only candidate that would stop this.. by shutdown+-p+now · · Score: 2

      I almost completely disagree with Ron Paul on his political views, but I'd still support him over most other American politicians, for one simple reason: in vast majority of cases, regardless of his personal position, he's for letting the states decide. Given that I reside in a thoroughly "blue" state, Ron Paul being elected would likely lead to more left-leaning policies being implemented on the local level (drug liberalization, socialized healthcare etc) without feds intervening to prevent them. Which is perfectly fine with me.

    11. Re:Name the only candidate that would stop this.. by IgnoramusMaximus · · Score: 1

      They are insignificant in historical perspective. If every country's populace was as spoiled, narcissistic and cowardly as that of the modern US, "global wars" with "anything goes" rules would be erupting for every few citizens that get killed by some wacko cult or a fringe political nut, pretty much every other week.

      Far more people (per capita) got killed in terrorist attacks in countries all over the globe conducted by far-out-leftists, lunatic "separatist" movements, religious cults and what not.

      In real wars the death toll was in hundreds of millions not in numbers measured in fractions of a percentile.

      20 times more people get killed in car accidents in US every year but fighting "war on cars" does not offer the same kinds of opportunities for dictatorial power, national supremacism and profit as a bullshit "global war on terror" does.

      9/11 was actually very educational for the world because the US was exposed, for all to see - on live TV - as a bunch of cowardly, whiny, self-absorbed, supremacist hypocrites whose whole pretense of "democracy and rule of law" fell apart like a cheap paper screen the very moment they took just one, tiny by historical standards, hit on the chin from a wacko religious cult and which resulted in a bout of mindless, screaming, incoherent, violent, murderous national hysteria that is getting ever worse as time goes on.

      The one bright ray of hope is that the US will ruin itself financially in this insanity as its instigators gorge themselves on "war" profits and power while the populace slides ever closer to mindless police-state dystopia where summary executions of "enemies of the state" are quite acceptable, which also can't be too good for economy.

    12. Re:Name the only candidate that would stop this.. by dabblah · · Score: 1

      Ron Paul ... is a Republican who votes and caucuses with them in the US House...

    13. Re:Name the only candidate that would stop this.. by Anonymous Coward · · Score: 0

      Gary Johnson. Ron Paul talks a good game, but at the end of the day, when his "No" votes in Congress are overidden, he goes home and gets to walk away from those votes. Gary Johnson vetoed over 750 bills during his two terms as governor of New Mexico, and successfully defended all but two or those vetoes. Judging from their records and their positions on this issue, I think that Governor Johnson has the best chance of saying "No" to something like this and sticking by his decision.

    14. Re:Name the only candidate that would stop this.. by Uberbah · · Score: 1

      Tell that to the families of 2,977 people murdered on September 11, 2001.

      WYP? That we have a catch-all justification to do to anyone we want because of one day ten years ago? What are the families of the hundreds of thousands of innocent people killed in our wars since then entitled to do to us in return?

      And keep in mind that you have a greater chance of dying because you slipped, hit your head, and drowned in your own bathtub than dying in a terrorist attack. But addressing that grave, grave threat to your existence wouldn't feed over a trillion dollars a year into the military-industrial-congressional-contractor-surveillance complex, now would it.

    15. Re:Name the only candidate that would stop this.. by Uberbah · · Score: 1

      I almost completely disagree with Ron Paul on his political views, but I'd still support him over most other American politicians, for one simple reason: in vast majority of cases, regardless of his personal position, he's for letting the states decide.

      Yes, he's for letting the states decide. Which goes to such an extent that he doesn't believe the Bill of Rights applies to them. Which means that if Utah passes a law that automatically takes 10% of your salary and sends it to the Mormon Church, that's just fine. If Texas decides to pass a law making it okay to shoot suspected "illegal immigrants" on site, that's just fine as well.

    16. Re:Name the only candidate that would stop this.. by Uberbah · · Score: 2

      Ron Paul is the only candidate standing up to the "moneyed interests".

      Laughable. Just because he'd stand up to the Fed doesn't mean he's going to stand up to the banks on their usurious interest rates. Just because he'd reign in the military-industrial-congressional-contractor-surveillance complex doesn't mean he'd do jack to stop Tyson from forming a monopoly on chicken meat while axing their already meager safety budget.

      Who wants some salmonella with their KFC, paid for with your CitiBOAMorgan VISA card, which only charges 40% plus annual fees? Anyone? Anyone?

    17. Re:Name the only candidate that would stop this.. by shutdown+-p+now · · Score: 1

      Yes, he's for letting the states decide. Which goes to such an extent that he doesn't believe the Bill of Rights applies to them.

      Do you have a reference for that?

    18. Re:Name the only candidate that would stop this.. by Uberbah · · Score: 1

      Sure thing - how about two?

      Legislation introduced by Paul that would strip federal courts of jurisdiction over 1st Amendment cases wrt to the states:

      http://en.wikipedia.org/wiki/List_of_legislation_sponsored_by_Ron_Paul#We_the_People_Act

      Or a letter he wrote in 2005:

      If anything, the Supreme Court should have refused to hear the Kelo case on the grounds that the 5th amendment does not apply to states. If constitutional purists hope to maintain credibility, we must reject the phony incorporation doctrine in all cases-- not only when it serves our interests.

      Or do a generic search for ron paul incorporation bill of rights.

    19. Re:Name the only candidate that would stop this.. by mwasham · · Score: 1

      Didn't 16+ people just die from listeria from canteloupe? How come the big government FDA save them? Anyone? Anyone?

    20. Re:Name the only candidate that would stop this.. by AP31R0N · · Score: 0

      Check RP's latest appearance on Jon Stewart. JS politely and politely points out that Ron is wrong about pretty much everything. Ron is a blind squirrel that has stumbled upon two nuts: the "war on drugs" and monetary reform. Even then his approach would wrong. That's why i like to call him Wrong Paul.

      --
      Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
    21. Re:Name the only candidate that would stop this.. by mwasham · · Score: 1

      I did watch the JS session with Ron Paul and Stewart only proved that he has a very shallow understanding of literally everything. Of course he is a comedian that advocates a socialist system that for the past 75ish years has proven a failure in every country in which it has tried. It's sad that soe many people take their political guidance from him - might as well turn on Jerry Springer for relationship advice. No wonder this country is so screwed.

    22. Re:Name the only candidate that would stop this.. by Uberbah · · Score: 1

      On what planet is an agency that heavily relies on the "self regulation" of the industry "big government"? Do you honestly think that food poisonings will be reduced with even that token level of regulation removed?

      Morans.

    23. Re:Name the only candidate that would stop this.. by Richy_T · · Score: 1

      So, what's your point? That it's better for the federal government to be able to make such laws and have it apply to *everyone*?

      If power is devolved to the states, if they come up with laws you don't like, you at least have the option to relocate yourself or have your voice be proportionally louder in trying to change those laws.

      Take a look at your state constitution. It likely somewhat resembles the US constitution (mine does). There's a reason for that and it makes your hysterical fake examples irrelevant.

    24. Re:Name the only candidate that would stop this.. by Uberbah · · Score: 1

      So, what's your point?

      It was perfectly clear the first time.

      That it's better for the federal government to be able to make such laws and have it apply to *everyone*?

      Don't be obtuse.

      If power is devolved to the states, if they come up with laws you don't like, you at least have the option to relocate yourself or have your voice be proportionally louder in trying to change those laws.

      Ah, the old "just move" excuse. If you don't like your state enacting laws more draconian than Beck pretends the feds are doing, just move! Who cares about your job, your house, moving your family....just move!

      There's a reason for that and it makes your hysterical fake examples irrelevant.

      Riiiight. In a country where states had Jim Crow laws, school prayer? In current events where states are passing bans to prevent gays from marrying, and draconian immigration laws? Nah, that would never happen. How do you like restrictive state gun laws, Richy? Those are A-Okay according to Paul, because the Bill of Rights only applies to the Federal Government.

    25. Re:Name the only candidate that would stop this.. by TheCarp · · Score: 1

      20 times more people get killed in car accidents in US every year but fighting "war on cars" does not offer the same kinds of opportunities for dictatorial power,

      Actually.... no sooner did cities and towns say they needed money than I noticed a sudden surge in cars pulled over by the side of the road, which hasn't stopped. Suddenly unmarked cars are pulling people over, seems you can't drive more than 2 miles without seeing someone pulled over anymore. I am pretty sure the war on car drivers as a way to justify jobs has begun in full earnest.

      --
      "I opened my eyes, and everything went dark again"
    26. Re:Name the only candidate that would stop this.. by Anonymous Coward · · Score: 0

      socialist system that for the past 75ish years has proven a failure in every country in which it has tried

      To play devil's advocate, socialism is relatively new - a few hundred years). Humans don't change and get its bugs fixed as fast as computers. Capitalism and free market on the other hand, are pretty much based on human nature (personal greed, personal freedom, etc) which is of course a result of thousands of years of evolution

      This AC would also argue that the movement to socialism in various countries is also the "free market" working. There was demand for socialism, so greedy individuals showed up to meet the demand and set up socialist governments, with them reaping the profits and benefits of such a system.

      Or in other words, people setting up a (socialist, or any other) government for personal gain is no different than a person setting up a business/company for personal gain.

      Oh sure, people (right here on /.) can criticize that socialism is a scam or even a ponzi scheme, but hey - a failing unsustainable scam of a business is still a business. Free market doesn't prevent them forming in the short run, nor does free market prevent people from ever being ripped off in the short run.

    27. Re:Name the only candidate that would stop this.. by IgnoramusMaximus · · Score: 1

      Suddenly unmarked cars are pulling people over, seems you can't drive more than 2 miles without seeing someone pulled over anymore. I am pretty sure the war on car drivers as a way to justify jobs has begun in full earnest.

      The thing is that this is still part of the "war on Terra" or the "war on drugs" schemes, not some new "war on car accidents" or an actual attempt to improve driving safety without all the idiocy of trying to make it into some kind of a "war".

      So I expect you will see a continuous increase in the presence of all sorts of "security agencies" on the roads, all with absolute and unchallengeable authority over the citizen sheep - naturally, until eventually actual, genuine, "your papers please" checkpoints are established, first on the major roads, then on all the exits of cities and in the long run pretty much on every second street corner, Iraq-style. All in the name of "security" and "winning the war on [insert the boogeyman here]".

    28. Re:Name the only candidate that would stop this.. by TheCarp · · Score: 1

      At least I am not the lone crackpot saying it. Its going to take them a while. Frankly, I don't expect the people who want this are really in power, nor out there trying to make this happen but, they sure are bending over backwards to get things ready for the people who will happily grab the reigns and try to predict 1000 years of their own rule....again....

      --
      "I opened my eyes, and everything went dark again"
    29. Re:Name the only candidate that would stop this.. by IgnoramusMaximus · · Score: 1

      The whole thing is, as always, the end result of a myriad of factors that lead to societal rot and allow sociopathic world-views to become acceptable.

      It is natural in all societies that the sociopathic and psychopathic individuals always gravitate to the top, but in healthy societies they must at all times maintain some kind of pretense of wishing all the members of the society well. Thus they are barred from certain blatantly, obviously selfish actions. As a society rots, these obstacles are removed and the sociopaths can obtain wide-spread support or at least tacit approval for downright evil activity, such as persecution of minorities, mass scale theft of public resources, totalitarian powers etc.

      But such rot has its own terrible long-term price: disintegration of the society's ideological backbone, with a possible violently malignant stage, such as the one Germany underwent in the 1930s.

      For some of these assholes on the top it is also more a case of "riding the tiger" at this point. The less psychotic of these idiots who got the ball rolling down the Fascist Hill for personal profit have been caught by surprise by the effects of their own bullshit and now can't stop anymore. The monster they hatched turned out to be far more powerful than they anticipated and has a mind of its own...

  8. Let's get a couple things straight, here. by ScentCone · · Score: 0, Flamebait

    First, "Drones" don't kill anyone. Saying so is like saying that "Close Quarters Battle Rifle Kills Osama bin Laden." Special forces personnel, supported by the people who operate the drones and the Air Force pilot(s) who flew the fighter that was also involved, all under the command of the leadership running that show, and all under the direction of the C-in-C are what what killed "Mr." Awlaki. And all of that happened because he made it his full-time job to not only inspire and recruit for terror attacks, but to become directly involved in planning and operations.

    Second: all of the handwringing over due process (really, Ron Paul?) is absurd. This clown explicitly removed himself fromthe protections of due process through his actions, his ongoing condemnation of the very system that provides that due process, and his physical removal to and operation within a region he and his movement selected specifically because it is unpoliced/unpoliceable and where any attempt to actually apprehend him would involve combat operations. That putting military people into harm's way would be required to lay hands on him - as he continued in his outspoken and unhidden efforts to kill westerners, including his avowed embrace of WMD to that end - is exactly the reason that this wasn't a "law enforcement" scenario. It's a fight, and the fight was taken to him and some of his buddies in a direct and effective way.

    Killing him was self defense, and a reasonable approach to dealing with his ongoing attacks and prep for more of them. Ron Paul's assertion that Bin Laden's killing was "different" (enough so to make that assault OK, but this one not) is just embarassing. Please stop, Ron. This didn't happen in Cleveland, where the FBI could have cordoned off ten city blocks while agents moved in on him at their leisure, with an eye towards placing cuffs on him.

    --
    Don't disappoint your bird dog. Go to the range.
    1. Re:Let's get a couple things straight, here. by Anonymous Coward · · Score: 4, Insightful

      >Killing him was self defense.

      I don't expect you to show any outrage when the other side are killing Americans using the same "logic" then.

    2. Re:Let's get a couple things straight, here. by ScentCone · · Score: 1

      I don't expect you to show any outrage when the other side are killing Americans using the same "logic" then.

      Thanks for putting "logic" in quotes when referrring to Al Queda, so that didn't have to.

      The other side, in this conflict, is basing its notion of self defense on flawed premises, support for retrograde medieval theocracy around the world, and the express, stated purpose to kill civilians for the sake of killing civilians in an attempt bring about the sweeping cultural regression they demand. They consider rational things (like representative government, allowing daughters to read and work, etc) to be evil, and justification to kill those that support them. They think that burning a school teacher alive, and shooting a woman who's taught her daughter to read, to be "logical." And that is what you're defending.

      Their logic is built on a philosophical house of cards, and their actions are not self defense, but a cruel and twisted offense against which their more sensible countrymen and the rest of the world are very reasonably defending themselves and each other.

      --
      Don't disappoint your bird dog. Go to the range.
    3. Re:Let's get a couple things straight, here. by Anonymous Coward · · Score: 1

      It is not possible for him to "explicitly removed himself from the protections of due process through his actions". Due process applies irrespective of your actions.

    4. Re:Let's get a couple things straight, here. by Anonymous Coward · · Score: 1

      Give a government the ability to assassinate anyone outside the rule of law only leads to a slippery slope. Those that are against the US assassinating anyone understand this. Just look at how anything the government does once a certain power is assumed, the bar is continually lowered in it's use.

      But due process is overrated, if people in power don't like you because of something you said or did they can just have you killed as you deserve it because of your lack of respect, making them jump though some silly hurdles like a trial or having to present actual evidence, is silly right?

    5. Re:Let's get a couple things straight, here. by Anonymous Coward · · Score: 1

      Indeed. Kill them all. For the Lord knows them that are His.

    6. Re:Let's get a couple things straight, here. by Slashdot+Assistant · · Score: 1

      First, "Drones" don't kill anyone. Saying so is like saying that "Close Quarters Battle Rifle Kills Osama bin Laden." Special forces personnel, supported by the people who operate the drones and the Air Force pilot(s) who flew the fighter that was also involved, all under the command of the leadership running that show, and all under the direction of the C-in-C are what what killed "Mr." Awlaki.

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

    7. Re:Let's get a couple things straight, here. by ScentCone · · Score: 1

      Due process applies irrespective of your actions

      No, it most certainly does not. If you had left the US a few decades ago and were known to have joined up with, say, German sailors crewing a submarine that was out hunting for US freighters, the need for due process would not (and should not) have stopped a US Navy commander from sinking your damn u-boat on sight. Do you really think said commander should have risked his own people to try to disable that boat, board it, and arrest that one guy in person? No.

      Awlaki's u-boat was his attempt at unmolested operation from unpoliced outback of Yemen. Otherwise, not a bit different. You place yourself in those situations while shouting your violent plans from the rooftops, and demonstrate an ongoing pattern of killing, you sure do waive your right not to be stopped on sight by the handiest means available.

      --
      Don't disappoint your bird dog. Go to the range.
    8. Re:Let's get a couple things straight, here. by Anonymous Coward · · Score: 0

      What kind of "special forces" can't do a felony stop of a car on a highway? They must be very special indeed.

    9. Re:Let's get a couple things straight, here. by Anonymous Coward · · Score: 0

      You forgot to provide evidence. Or is it forgetting, when you know there isn't any?

      Aside from government accusations, how do you know that he became "directly involved in planning and operations" and engaged in "unhidden efforts to kill westerners?"

      Do you spend a lot of time in Yemen studying how attacks get planned or are you just repeating government accusations?

      Also, you have a warped and incorrect understanding of the US constitution, first amendment in particular. Use of free speech, even to advocate violent revolution, does not and can not remove "the protections of due process through his actions, his ongoing condemnation of the very system that provides that due process." Are you really dumb enough to believe that?

      Perhaps you like Barrack Obama and (and soon perhaps Rick Perry) being able to decide who lives and dies without due process, but your understanding of our constitution and what defines evidence is about as incorrect and authoritarian as possible. People like you scare me a hell of a lot more than Awlaki.

    10. Re:Let's get a couple things straight, here. by Anonymous Coward · · Score: 0

      There was no eminent danger of harm Awawlaki was not a combatant, he was a political figure. This was a political assassination of US citizen by it's own government, that is why people with a clue are upset.

    11. Re:Let's get a couple things straight, here. by kayumi · · Score: 1

      All your arguments hinge on a very strong assumption (which is unfortunately commonly claimed by Bush, Bush2.0 and followers), the assumption that you are infallible (of course usually not stated explicitly). Assuming that 1) you are in possession of all relevant facts 2) your judgement as to what is relevant and what not is perfect 3) your laws and moral values are universal you take on the role of police/judge/jury/executioner. I don't know of any case in history where these assumptions were valid.

      Even if valid the question why only this evil guy was treated thusly and none of the many other ones you could have chosen raises its ugly head. If you really believe that this guy was the most dangerous current enemy of the US you are pretty naive.

      Using your argument would justify anybody living close to a possible target (e.g. suspected terrorists, wallmart shoppers etc) to attack the US military in self defense.

      Let the mayhem begin.

    12. Re:Let's get a couple things straight, here. by Anonymous Coward · · Score: 1

      It is different in that Osama bin Laden was *NOT* an American citizen.

      Your assertion that killing him was "self defense" is laughable and doesn't meet even the most liberal legal definition. It is straight out of H2G2.

      Zaphod Beeblebrox: You mean they want to arrest me over the phone? Could be. I'm a pretty dangerous dude when I'm cornered.
      Ford Prefect: Yeah. You go to pieces so fast, people get hit by the shrapnel.

      Are you implying that our military, and specifically our special forces are that big of a group of pussies that they can't even get near him? Maybe he is Superman in disguise?

    13. Re:Let's get a couple things straight, here. by ScentCone · · Score: 1

      the question why only this evil guy was treated thusly and none of the many other ones you could have chosen raises its ugly head

      His direct actions, his particular role in inciting more of them of a certain type, and his un-ending proclomations about his involvement, coupled with all sorts of evidence that he's involved and not simply pretending to be that person on YouTube ... that's the sort of thing that warrants specific attention. That and his group's history of killing thousands of people and active, repeated attempts to do more of the same. The recent power vacuum in AQ had this guy moving up the ladder, and we have every reason to keep shutting down the people who climb that ladder.

      --
      Don't disappoint your bird dog. Go to the range.
    14. Re:Let's get a couple things straight, here. by Anonymous Coward · · Score: 0

      Wish I had mod points for you. Well said.

    15. Re:Let's get a couple things straight, here. by kayumi · · Score: 1

      the question why only this evil guy was treated thusly and none of the many other ones you could have chosen raises its ugly head

      His direct actions, his particular role in inciting more of them of a certain type, and his un-ending proclomations about his involvement, coupled with all sorts of evidence that he's involved and not simply pretending to be that person on YouTube ... that's the sort of thing that warrants specific attention. That and his group's history of killing thousands of people and active, repeated attempts to do more of the same. The recent power vacuum in AQ had this guy moving up the ladder, and we have every reason to keep shutting down the people who climb that ladder.

      May I take it then that you belief that 1) you are in possession of all relevant facts 2) you are sure that the information which reached you was by no means filtered or manipulated and that 3) you did not fall for one of the oldest tricks of politics which is: we have problems so let's choose some bad guy, make him look even worse and dangerous than he is, take him out and let everyone think that we are dealing with the important issues.

      I myself am most definitely not.

      Also speaking in terms of evilness

      his group's history of killing thousands of people and active, repeated attempts to do more of the same

      this guy looks like small fry. Many 'active' politicians are much worse.

    16. Re:Let's get a couple things straight, here. by cyber-vandal · · Score: 1

      The amount of people who died on 9/11 pales into insignificance next to the subsequent deaths of equally innocent Afghan and Iraqi civilians. I expect similar applause if Mullah Omar manages to take out Bush or Blair.

    17. Re:Let's get a couple things straight, here. by ScentCone · · Score: 1

      this guy looks like small fry. Many 'active' politicians are much worse

      Oh, then, by all means, we should have left him alone. And if he had slit your mom's throat for the deep moral offense of being a literate woman, we should really let him slide on that too, since there are people out there that have done worse. Are you even listening to yourself?

      you are in possession of all relevant facts

      No. But enough relevent facts, not least the late Awlaki's own crowing about his involvement, which lines up nicely with piles of very public evidence. All of the additional stuff about him that we haven't yet seen doesn't make that go away.

      we have problems so let's choose some bad guy

      Really? You haven't been noticing the sustained program of chopping off this movement's many rising middle-tier people whenever the opportunity presents itself? It's been very effective, actually. He's just the most recent one, and a particularly good one to have shut down.

      --
      Don't disappoint your bird dog. Go to the range.
    18. Re:Let's get a couple things straight, here. by Grygus · · Score: 3, Insightful

      Sweet, he made unending proclamations about his involvement? I might get all my concerns laid to rest. Surely this is all online; can you link me the definitive proof that he was in Al Queda? I will accept a video of him making the assertion himself, or even a statement by a credible news agency that isn't simply quoting the government.

      Oh wait. You can't. Because it doesn't exist.

      What you're asking me to do is take the killer's word for the fact that the victim needed killing. You seriously don't see the conflict there? I also question when exercising free speech (even if criminally excessive) became a crime worthy of the death penalty.

    19. Re:Let's get a couple things straight, here. by kayumi · · Score: 1

      OK. Here I go again. How many people die each year in the US because of insufficient medical care (check for "iatrogenic deaths" if you are curious). The numbers I found are 2-3 orders of magnitude larger. Now funds seem to be scarce. If it is a matter to allocate funds either to hunt down some evil bastards or to provide medical support for your fellow countrymen then I'd choose the latter. It seems you'd choose the former. I really don't get this fixation on Al Qaeda. There are more urgent issues.

      Oh, then, by all means, we should have left him alone. And if he had slit your mom's throat for the deep moral offense of being a literate woman, we should really let him slide on that too, since there are people out there that have done worse. Are you even listening to yourself?

      I rarely listen to myself typing. In any case, first thanks for assuming my mother is a literate woman. But why does saying there are more urgent issues and saying that stooping to the level of cold-blooded killers is wrong lead you to believe that I would condone mindless killing. I don't get it.

    20. Re:Let's get a couple things straight, here. by Reservoir+Penguin · · Score: 1

      And who are we playing God? Their society is not ready for the Western democracy yet, and given how modern western humanist culture is really the the product of pretty unique several thousand years of experience starting with ancient Greeks - this path maybe unique to us and there's is simply different. Sowing alien culture into their tribal societies did not work with Soviet-style secular authoritarian socialism and it does not and will never work with modern western democracy.

      --
      US-UK-Israel: The real Axis of Evil
    21. Re:Let's get a couple things straight, here. by tmosley · · Score: 1

      Step 1: Demonize or animalize a group of people.
      Step 2: Strip them of rights. Animals don't have rights.
      Step 3: Kill said animals.
      Step 4: Find new scapegoat.
      Step 5: Repeat.

      Militant organizations don't just spring up for no reason. They spring up because of hate. Would you hate the Chinese if they dropped bombs on your town? If they kidnapped citizens from countries like yours and held them without trial for decades? If they installed and propped up a corrupt puppet government in your own country that oppressed you at every opportunity? That had your family killed for little or no reason?

      The US is a big, aggressive bully that replaces democracies with dictatorships, and has been doing so for DECADES. But idiots like you don't want to believe that anyone who would attack America has a reason to do so. You are a useful idiot. Congratulations, tool.

    22. Re:Let's get a couple things straight, here. by Anonymous Coward · · Score: 1

      Killing him was self defense, and a reasonable approach to dealing with his ongoing attacks and prep for more of them.

      Secretary of Homeland Security Janet Napolitano announced today that drones had killed several key members of the terrorist group known as the Tea Party. When asked to justify the action, the secretary responded that various members of the group represented a clear and present danger as asserted several times in the past by DHS. Besides, we are at war. Congress voted on it back in the Bush years so now the only thing that is ever required for due process is repeated assertion by the executive branch.

    23. Re:Let's get a couple things straight, here. by LynnwoodRooster · · Score: 1

      All your arguments hinge on a very strong assumption (which is unfortunately commonly claimed by Bush, Bush2.0 and followers)

      Don't forget President Obama in that little list...

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    24. Re:Let's get a couple things straight, here. by ScentCone · · Score: 1

      stooping to the level of cold-blooded killers

      You're confusing that with "stopping cold-blooded killers." And since this particular one was clever enough to no longer operate out of a mosque in Northern Virginia, he mandated a different approach - sending law enforcement officers after him wasn't an option. Which he knew, and took into account when choosing to work on his recruitment and murder campaign using witless recruitees from elsewhere while he tried to stay out of the way. Which didn't work out for him.

      OK. Here I go again. How many people die each year in the US because of insufficient medical care

      Yes indeed, there you again, assuming that fixing poor medical practices and stopping people who have sworn to kill as many thousands of Americans as possibe are somehow mutually exclusive activities.

      Would you pay more attention to a hospital that has a relatively high rate of accidental deaths, or a hospital that appears to have fewer deaths, but those deaths are caused by someone who is deliberately killing people in order to shock everyone into agreeing with him about how there should be no women doctors?

      --
      Don't disappoint your bird dog. Go to the range.
    25. Re:Let's get a couple things straight, here. by NoOneInParticular · · Score: 1

      Sure, and the fact that the US has been determining politics in their part of the world for the last half century or so has no bearing on the matter at all. US is pure good, and therefore can do no evil (limitless incarceration, illegal rendition, torture, death lists, blowing up antagonists). Al Qaida is pure evil, so everything is allowed.

      What if I were to say that Al Qaida's methods are flawed and make them evil? What if I were to say that the US's methods are flawed and are making them evil? Where's the flaw in that logic? I prefer the US a million times over Al Qaida, though in matters of the middle East I have a hard time to call the US's actions objectively better than that of their foes. And it is getting worse.

    26. Re:Let's get a couple things straight, here. by phantomfive · · Score: 1

      That's not what this war is about, it's not some grand "logic" they are wrong and we are right in a theoretical sense. It's they want to kill us and we want to kill them. Eventually the stronger side will win. That's how war has been since the beginning.

      --
      "First they came for the slanderers and i said nothing."
    27. Re:Let's get a couple things straight, here. by shutdown+-p+now · · Score: 1

      This clown explicitly removed himself fromthe protections of due process through his actions, his ongoing condemnation of the very system that provides that due process

      Can you expand a little bit more on this? Say, if I go on the street and shout "Fuck democracy! Death to US troops! Go al-Qaeda!", and then take a flight to another country, it is legal for US executive branch to order my assassination under US law?

  9. watch out for those links by burris · · Score: 4, Insightful

    Watch out for those links to suspects, they'll get you and everyone in your immediate vicinity killed without warning by a missile fired from a robotic aircraft controlled by foreigners hundreds of miles away. There is no point in building a case against someone, capturing them, and having a public trial where the evidence is subject to intense scrutiny and the outcome is determined by disinterested peers. That kind of thing is messy and time consuming, and there is no telling what the outcome might be. After all, 20-25% of the victims in this instance were linked to someone who is suspected of carrying out some horrible crime.

    1. Re:watch out for those links by Anonymous Coward · · Score: 0

      On the flip side, because of Facebook friends and six degrees of separation, it's acceptable to murder just about anyone because due process, a basic human right, is "messy and time consuming." So is hunting down and slaughtering people, only not figuratively. Isn't it appalling?

  10. Re:War /= civil process. by YA_Python_dev · · Score: 5, Insightful

    There's no war between the US and Yemen. And fighting organized crime is not a "war". Even the worst criminal has a right to a fair trial. It's a fundamental right, it cannot be revoked by anyone. Whoever ordered this murder should now be put on trial for it.

    --
    There's a hidden treasure in Python 3.x: __prepare__()
  11. Drone Kills Top Al Qaeda Figure by Boona · · Score: 2

    Statistically it was bound to happen.

  12. Re:War /= civil process. by aminorex · · Score: 1

    This is Big Lie propaganda. There is no war. Moreover, the victim in this case was not a combatant.

    --
    -I like my women like I like my tea: green-
  13. Re:War /= civil process. by ScentCone · · Score: 0, Troll

    There's no war between the US and Yemen.

    So, it's a good thing we didn't attack Yemen. Yemen would definitely know if we attacked Yemen.

    Even the worst criminal has a right to a fair trial.

    Not if he's in the middle of ranting about his demands and slowly shooting the people he's holding hostage in the bank he's trying to rob, or on the airplane he's trying to hijack, etc. We definitely don't give criminals in the middle of conducting a crime a trial before shooting them in the head if that's the appropriate way to stop the murder they're in the middle of conducting. And Awlaki has been in the middle of conducting murder for some time now, and promising to conduct more, at every single opportunity. He's the guy in the bank with the gun pointed at his next victim, and the special forces who just took him out are the SWAT team outside the bank window.

    Whoever ordered this murder ...

    You need to re-think your notion of "murder." Murder was Awlaki's history, and stated purpose. Stopping him is not murder.

    --
    Don't disappoint your bird dog. Go to the range.
  14. English speaking American? by houghi · · Score: 1

    an American-born [...] with sparkling English

    This is the REAL news.

    Now please bomb the shit out of that guys country,
    I would say we must invade it and liberate it from its oppressors. Well, this probably would mean we will be at war with Greenland in the end.

    --
    Don't fight for your country, if your country does not fight for you.
  15. Other Countries Can Do This Too, You Know... by IonOtter · · Score: 4, Insightful

    Suppose Iran decides that someone in this country is an "enemy of the state", and launches drones from their "warships" off the coast of the US? Or they get "government approval" from someone in Mexico, and do the same? Heck, they won't even have to launch from that close.

    North Korea has already been caught using poisoned needles to take out people they consider to be "enemies".

    Just to be clear, I have no objection to taking this asshole out once and for all?

    But I won't be standing atop the Mountain of Purity, wearing white robes and singing hosannas, either. Dirty pool goes both ways, folks.

    --
    [End Of Line]
    1. Re:Other Countries Can Do This Too, You Know... by ScentCone · · Score: 0

      Dirty pool goes both ways, folks.

      Careful, your odd notion of moral equivalence between North Korea and modern constitutional democracies is showing. You might want to tuck that back in.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:Other Countries Can Do This Too, You Know... by IonOtter · · Score: 1

      modern constitutional democracies

      Hmm? What's that? I'm sorry, the explosions from drones violating the laws of our Constitutional Democracy have drowned out what you were saying...

      --
      [End Of Line]
    3. Re:Other Countries Can Do This Too, You Know... by ScentCone · · Score: 1

      violating the laws of our Constitutional Democracy

      Which would be a good point if it weren't actually incorrect in every sense.

      --
      Don't disappoint your bird dog. Go to the range.
    4. Re:Other Countries Can Do This Too, You Know... by Jiro · · Score: 1

      If Iran decides that someone in our country is an enemy and kills him, then Iran has committed an act of war against us. So if the US kills an enemy, the US has committed an act of war against them.

      So using your Iran analogy, you can say "now that we killed this guy, that puts us at war with Al Qaeda". I have news for you; we've been at war with them for a while already.

    5. Re:Other Countries Can Do This Too, You Know... by TheCarp · · Score: 1

      Exactly why I have said our constitution is worth little more than toilet paper and should be replaced, it places far too few restrictions on the power of government to run amok, especially outside of our borders.

      But I don't feel so bad, I never signed the stupid thing anyway.

      --
      "I opened my eyes, and everything went dark again"
    6. Re:Other Countries Can Do This Too, You Know... by LynnwoodRooster · · Score: 1

      If Iran decides that someone in our country is an enemy and kills him, then Iran has committed an act of war against us. So if the US kills an enemy, the US has committed an act of war against them.

      However, in this case the country of Yemen gave us permission to carry out the attack - we're not at war with them since it was done with their blessing.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    7. Re:Other Countries Can Do This Too, You Know... by SmurfButcher+Bob · · Score: 1

      Actually, your question is exactly the point.

      Dirty Pool has been around, and has been actively played by every party on the planet, forever.

      The reason Iran will not launch attacks you mention is quite simple - we can hit them back. Really, really hard. It's more effective for them to play the law game, most of the time. You see this illustrated when they arrest retard civilians who are too near their border. You see it when a solo aircraft is told that it is in Iranian Airspace, and that it must leave or they will launch some fighters to shoot it down. You see it when that solo aircraft replies that it is an F18, "Send em up, I'll wait," and then the fighters never show up.

      NK, you'll notice, is not stupid enough to shoot at US warships. They'll go for low hanging fruit, but their weapons get real quiet when something shows up that can hit back. And the reason is simple. It would hit back. Really, really hard.

      This will come as a shock to some reading this - but believe it or not, some people are only stopped by threat of force. And some others - they're only stopped by use of force. It stops the USA from doing a lot of things. It also stops a lot of others from doing things, too.

      I know it doesn't make any sense, but some people actually don't give a shit about what "rights" you have. They are beyond narcissism. Their limit is defined by what they can get away with, and nothing less. And, these people are everywhere. Some run huge corporations. Some of them sucker teens into wearing bomb-vests and send them into crowded markets. And still others have positions in government.

      You know what keeps them in check? The work of a man named Sam Colt. Nothing less. NOTHING less. Paper can be reasoned with, rationalized, postponed, misdirected, bought, sold, or ignored. Lead... not so much.

      I'm not going to pretend that I know what the answer is. But I do know the answer entails people doing the wrong-thing being more expendable than people who try to do the right-thing.

      As to al-Awlaki's death... I'm pretty sure he declared war on us, which qualifies him as a combatant. I'm also pretty sure he considered himself to BE a combatant. I'd love to see one retard claim he wasn't doing the wrong-thing, ESPECIALLY as a US Citizen. After all - he could have filed a petition, sued, formed a PAC, or run for office. As a citizen, those were his primary means of recourse. He did none of them. Instead, he jumped on the Jihad train - which, what's that word mean again?

      --

      help me i've cloned myself and can't remember which one I am

    8. Re:Other Countries Can Do This Too, You Know... by Anonymous Coward · · Score: 0

      Suppose Iran decides that someone in this country is an "enemy of the state", and launches drones from their "warships" off the coast of the US? Or they get "government approval" from someone in Mexico, and do the same? Heck, they won't even have to launch from that close.

      North Korea has already been caught using poisoned needles to take out people they consider to be "enemies".

      um, the US did this with permission and coordination with Yemen, where the actions took place. If Iran or North Korea tried this is the US, I don't think it would get the same level of cooperation. Their military bombing the US would be an act of war that would be answered. Killing someone through covert action wouldn't be as provokative, especially if carried out by non-military personel and equipment.

    9. Re:Other Countries Can Do This Too, You Know... by Anonymous Coward · · Score: 0

      Suppose Iran decides that someone in this country is an "enemy of the state", and launches drones from their "warships" off the coast of the US? Or they get "government approval" from someone in Mexico, and do the same? Heck, they won't even have to launch from that close.

      If you want equivalency, this would be akin to one of our allied nations killing a known terrorist int he US. For instance, assume that someone from Ireland had been known for inciting violence and was hiding in NYC. This would be akin to British SAS troops busting into an apartment at night and shooting him dead.

      Of course, the difference here is that the British would be working with our own law enforcement to capture the individual in order to extradite him to the UK for a trail. Further, since Yemen already had a trial and was unable to apprehend him, they had been working closely with US forces in order to capture him dead or alive.

      Ultimately, this "moral equivalency" argument is a load of rubbish, because individuals like yourself pick nations that are unfriendly to the US and not at all equivalent simply for the purpose of making an absurd point. Iran has sanctions imposed against it, for instance, while Yemen does not--nor is Yemen imposing sanctions against the US.

      While you seem more honest than some of your peers, there's an awful lot of intellectual dishonesty going on around here with people who not only agree with your sentiments but actively and vehemently argue these points.

    10. Re:Other Countries Can Do This Too, You Know... by Anonymous Coward · · Score: 0

      What about flying jet airplanes into buildings? Is that Dirty pool?

    11. Re:Other Countries Can Do This Too, You Know... by couchslug · · Score: 1

      That's why we have WAR to decide such things, so don't advocate reducing the US options in hope our enemies are too stupid to take advantage of our SELF-imposed limitations.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    12. Re:Other Countries Can Do This Too, You Know... by Uberbah · · Score: 1

      However, in this case the country of Yemen gave us permission to carry out the attack - we're not at war with them since it was done with their blessing.

      Puppet governments tend to do that. Moreso when buying your weapons while you cover their asses for slaughtering civilian protesters. Which happens to be our stated reason for joining one side in the civil war in Libya: Gaddafi was killing civilian protesters.

    13. Re:Other Countries Can Do This Too, You Know... by Uberbah · · Score: 1

      What part of

      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 offence 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.

      do you have a hard time understanding?

    14. Re:Other Countries Can Do This Too, You Know... by Anonymous Coward · · Score: 0

      The only reason Iran or North Korea (thankfully) can't is that militarily, they are nowhere near the US. If Iran had the military superiority over the US that the US has on Iran, it would have nuked US by now. Or sent its armies in to establish a client state like Lebanon.

      Although coming to think of it, given the number of Hizbullah supporting people there in Dearbornistan, Iran is doing a fine job in influencing public opinion in this country so that the US too may join the jihad, but on the side of Islam. Given the way US supports Muslim thugs everywhere, be it Palestine, Pakistan, Kosovo, Libya, Saudi Arabia, et al, there isn't much the Iranians need to do to get the US to do its bidding.

    15. Re:Other Countries Can Do This Too, You Know... by AP31R0N · · Score: 1

      "Just to be clear, I have no objection to taking this asshole out once and for all?"

      Why are you asking us if you have an objection? Make up your mind and tell us. How should we know if you object?

      --
      Utilizing the synergization of benchmark e-solutions to pre-workaround action items!
    16. Re:Other Countries Can Do This Too, You Know... by codepunk · · Score: 1

      Actually if iran where to choose to assassinate one of its own rouge citizens labeled as a terrorist on US soil I would be ok with it.

      --


      Got Code?
  16. Re:War /= civil process. by couchslug · · Score: 1, Insightful

    Your choice to equate asymmetric WARFARE with "organized crime" is amusing.

    The US didn't attack "Yemen", it attacked enemy personnel IN Yemen.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  17. Re:War /= civil process. by dkleinsc · · Score: 5, Insightful

    No one seriously argues that Awlaki wasn't an enemy actor, therefore there is zero logical argument against killing him.

    Actually, a lot of people do seriously argue that point. The one thing that is not in dispute is that al-Awlaki advocated violence against the US government, but that has been ruled protected speech - if it hadn't been, people like William Piece (author of the Turner Diaries) would be up on charges. What has never been proven in a court of law, and is disputed by many folks who actually know what they're talking about in Yemen, is that Awlaki had anything to do with planning and executing any actual terrorist attacks.

    Attacking him was a "necessity" because there was no other way to interdict his activities.

    Sure there was:
    1. Present evidence to a judge sufficient to demonstrate probable cause for arresting him.
    2. Work with the Yemeni authorities, who are allies of the US, to attempt to capture him and bring him to the US for trial. If he attempts to resist arrest, by all means shoot back.
    3. Indict and try him, and if he is guilty, lock him up forever or execute him.

    Force used was "proportional" because it was sufficient to decisively counter a hostile act or hostile intent, but reasonable in intensity, duration and magnitude.

    Awlaki posted hostile videos on Youtube. The US and Yemeni governments fired cruise missiles that killed not only Awlaki but several others nearby. Tell me exactly what 'proportional' means to you.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  18. Re:War /= civil process. by schnikies79 · · Score: 1

    The president ordered it and the Yemon president approved it.

    He had dual citizenship.

    --
    Gone!
  19. retarded by Anonymous Coward · · Score: 1

    This is just dandy. We kill an idiot (evidence: botched detroit flight bombing -- you better believe if I was in charge, shit wouldn't get botched. Some people are more competent than others. fact.), and in his place we inspire the next generation, which will certainly aspire to greater heights. And we spend ever increasing tax payer dollars on fueling an ever more sophisticated terrorist regime. What's the solution? Give them no reason to be terrorist. Pull out of their countries. Live by our motto, liberty and justice for all. And then the numbers will likely dwindle. Simple.

  20. Re:War /= civil process. by Anonymous Coward · · Score: 0

    No there is not a war in Yemen but there is a war against al qaeda. Since the al qaeda do not just occupy one country it is impossible to keep the war confined to just to one country we must take the war wherever they are. For that reason this is a very difficult war to fight.

  21. Response from US Gov't by Pete+Venkman · · Score: 1

    The drone's controllers were aiming at the guy beside Al-Awlaki. It's just too bad that this US citizen was collateral damage.

    1. Re:Response from US Gov't by TheCarp · · Score: 1

      yes but, the constitution doesn't just grant citizens the right to a fair trial. This was an execution without due process. It doesn't matter where it happened, or who did it, as long as it was done by agents of this government, they should be subject to its laws, and its constitution demands due process. There is no war in yemen by any recognized definition of the word.

      --
      "I opened my eyes, and everything went dark again"
    2. Re:Response from US Gov't by the+eric+conspiracy · · Score: 1

      Bullshit.

      The AUMF resolution passed by Congress 9/18/2001 clearly authorizes the POTUS to commit such acts.

  22. So... by Anonymous Coward · · Score: 0

    invading 2 countries, soldiers and (too) many civilians dead, no WMD, 10 years of shit.

    And now RC controlled drones find Osama and kill another important guy in less than 2 months.

    Next time it will again 10 years of paying tax money for shit and the mission will be accomplished by cheap RC controlled drones?

  23. He is not the interesting one. by Anonymous Coward · · Score: 0

    The interesting one that we got out of that is Ibrahim al-Asiri. By getting the 3 that we did, we just got a HUGE hit against AQ. This was devastating to AQ than taking out OBL. These 3 were the new top leaders in AQ.

    Now, as to the killing of these 3 terrorists, many idiots are all over the net screaming that we killed citizens. Yes. We did. And We have killed terrorists of Saudi, Iraqi, Libyan, Iranian, Pakistani, Indian, Russian, Chinese, Spanish, Indonesian, British, and other citizenship. The fact is, that we are in a war with terrorists and are killing them REGARDLESS of citizenship. That some of you think that we should treat differently those who have declared war on the world, have plotted, and killed some amount of ppl in the name of their war based on citizenship, well, you need to re-think it. I would have preferred that we brought OBL and all of these ppl, but in a war, it is difficult to do so.

    1. Re:He is not the interesting one. by Anonymous Coward · · Score: 0

      America, like many developed nations, has a serious issue with illegals. But this is more so in America. We have a number of illegals who then have children born here. Per the 14th, they are considered Americans and can run for president. Well, back in the 1800,when ppl moved to America, they almost always stayed. As such, they were raised to think of that country as their own. Nowadays, Chinese are coming to America pregnant and lying about status and then staying long enough to have a child. They then go back to CHina to raise the child. We have granted these children the right to be a president. The same is true of al-Awlaki. He was born here, but raised in Yemen. So to him, he is Yemeni, not American.

      A number of nations have changed their definition of citizenship, which is something that America and other nations really need to consider. Basically, it seems that a child should be born to one or two parents that legal to be there. In addition, they should be RAISED in that nation. If they are not, they are not likely to have any more loyalty to them then somebody who visited another nation. That is actually a pretty logical argument.

  24. Re:Cool. by couchslug · · Score: 1

    Targeting enemy troops in war has always been legitimate.

    This is no different than the SOE sending Czech partisans after Reinhard Heydrich in WWII.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  25. political vs. military targets by Anonymous Coward · · Score: 0

    Also notable is that though it is traditionally acceptable to attack military targets (persons who are involved in military operations), it is generally unacceptable to attack political figures. These targets do not appear to have been military targets in any real sense, so it appears that the U.S. has just sent the message that it is OK to target political leadership.

    It is really quite brave of them, to step up and say that they are willing to place their lives on the line, the same way that soldiers put their lives on the line. It's not often we see political leadership like that. On the other hand, it will make it impossible to arrive at a negotiated settlement to this "war".

    1. Re:political vs. military targets by Anonymous Coward · · Score: 0

      Uh, I'm pretty sure a negotiated settlement was never on the table, unless it involved letting us take turns blowing various towel-heads away at kid's birthday parties.

    2. Re:political vs. military targets by uncqual · · Score: 1

      I believe a recruiter is a valid military target, as is a bomb maker. About the only invalid target in the military infrastructure is a medic (unless, of course, that medic assumes the role of a combatant in which case s/he's fair game).

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    3. Re:political vs. military targets by Uberbah · · Score: 1

      And when President Pelosi labels uncqual a "terrorist recruiter" and authorizes drone strikes on your house, what are you going to do about it?

    4. Re:political vs. military targets by uncqual · · Score: 1

      Well, uncqual isn't a terrorist, let alone a terrorist recruiter. Also, my house is in the United States rather than in another country beyond the reach of the United State's domestic criminal justice system.

      So, no worry here.

      <Godwin's Law>As far as I know, Hitler never personally killed a single American. Would you argue that he was not a valid military target because, after all, what if President Scary later made up a claim that Uberbah was evil.</Godwin's Law>

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    5. Re:political vs. military targets by Uberbah · · Score: 1

      Well, uncqual isn't a terrorist, let alone a terrorist recruiter.

      And if the President of the United States asserts that you are, and that his assertion alone is a good enough reason to have you assassinated, due process and presumption of innocence be damned?

      <Red Herring>Not a relevant comparison</Red Herring>

      Care to try again?

  26. Re:HOW THE FUCK IS THIS NEWS FOR NERDS?? by Dolphinzilla · · Score: 0

    I gave up this battle a LONG time ago my anonymous friend - I have always loved the technical interchange on Slashdot and have gotten a lot out of it in the many years I've been a reader , and I think it would be fair to say that engineers who design drones to kill terrorists are regular subscribers - but Slashdot has become more of a political platform in recent years and it is quite left leaning - I truly wish stuff like this would NOT get posted to Slashdot - it only serves to divide the group and breed hate. The level of technical content for this story so far has been non-existent so in my mind it has thus far no redeeming content including this post.

  27. If the dude was so worried about his due process.. by voss · · Score: 1

    He could have turned himself in sometime in the last 4 years in between making videos bragging about his connections to the underwear bomber attempting to murder american citizens and advising Major Hassan that it was okay to assassinate his fellow american soldiers. He could have turned himself in to the government of yemen who did have an arrest warrant out for him. He considered himself at war with the United States, he publicly acted as a member of a group at war with the United States, he was killed as an enemy combatant.

    The only thing the US could have done that it failed to do was strip him of his citizenship for his service in al-queda(enemy armed forces).

  28. Bieber, you're next! by eddy · · Score: 5, Funny

    >Mr. Awlaki was known for his ability to couch extremist views in ways that appealed to Western youth.

    --
    Belief is the currency of delusion.
    1. Re:Bieber, you're next! by Slashdot+Assistant · · Score: 1

      Awlaki will be a tough act to follow. I don't imagine there's a long queue of people wanting to sign-up to become a sexually repressed violent woman haters with extreme delusions of grandeur.

    2. Re:Bieber, you're next! by superwiz · · Score: 1

      Bieber is Canadian. The only controversy here is that Awlaki was an American citizen.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    3. Re:Bieber, you're next! by russotto · · Score: 1

      Awlaki will be a tough act to follow. I don't imagine there's a long queue of people wanting to sign-up to become a sexually repressed violent woman haters with extreme delusions of grandeur.

      I know a really good place to start looking.

  29. Re:Cool. by Anonymous Coward · · Score: 0

    Cheers!

  30. Re:War /= civil process. by couchslug · · Score: 1

    "Actually, a lot of people do seriously argue that point" all of who are enemies of the US and de-facto supporters of Jihad or just being contrarian for domestic political reasons.

    It was reasonably likely that the target and associates were enemy personnel. An enemy propagandist is no different than a conventional psyops operative. Incitement to warfare against the US clearly made him a combatant.

    There is no logical reason to risk US forces in combat to capture such an enemy live. The value of own-side forces is customarily considered greater than that of an enemy.

    http://en.wikipedia.org/wiki/Anwar_al-Awlaki

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  31. The due process arguments are idiotic by Anonymous Coward · · Score: 0

    A lot of people on here are shouting about how we should have arrested this guy and put him on trial, anything else is a violation of his rights. These people have not thought these statements through.

    How were they supposed to arrest him? Without using magic, what kind of plan to arrest him does not involve a military operation that would result in more people being killed? Instead of a drone strike killing 4 people, we'd have an assault force killing many more just to get to him and hoping beyond all reason that he miraculously doesn't have a gun and decides to surrender peacefully. Does anyone in their right mind think that was a possibility? Why would you risk your own soldiers lives to cause more damage and deaths?

    They took the only course of action that didn't involve him remaining free and cost the least amount of lives. Like it or not, he was a member of al Qaeda, which has attacked the US several times now. They are who the US is at war with, and rightly so. If you are a leader in that organization, you know exactly what that means and exactly what you are getting into, this wasn't some innocent patsy they killed. Even if he had nothing to do with the attacks, he still is an enemy soldier.

    1. Re:The due process arguments are idiotic by tmosley · · Score: 1

      If he had done the exact same things from America, he would have done nothing illegal. Of course, that wouldn't have stopped him from being black bagged.

      Hurray police state!

  32. oh, we declared war? by decora · · Score: 0

    i dont remember congress declaring war. did i miss something?

    1. Re:oh, we declared war? by Anonymous Coward · · Score: 0

      So if congress hadn't declared war WWII would have stayed in Europe and Asia?

      They have declared war on us. When we sit back and pretend like were not at war our sky scrapers collapse.

    2. Re:oh, we declared war? by drnb · · Score: 1

      i dont remember congress declaring war. did i miss something?

      The other guys declaring war on the U.S. That should count for something.

    3. Re:oh, we declared war? by tycoex · · Score: 1

      Indeed. As far as I'm concerned if someone declares war on you, you ARE at war with them.

      What difference does it make if Congress declares war against someone we are already at war with.

      It's not like if someone comes up and is trying to shoot you, as long as you decide you want to "stay out of the fight" you magically can't get shot.

  33. Re:War /= civil process. by couchslug · · Score: 1

    "There is no war."

    Organized violence of both symmetric and asymmetric varieties by both sides for geopolitical purposes over time is war.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  34. during vietnam by decora · · Score: 2, Insightful

    we went around to villages executing civilians because they were "aiding the enemy". how did we know? we just knew. stop asking questions hippie.

    of course, when a radical leftist president starts executing right wing militia people without due process, rush limbaugh will shit a brick. .

    1. Re:during vietnam by couchslug · · Score: 2

      You know going after Awlaki wasn't some random act like Calley turning his troops loose on Son My.

      One doesn't waste extremely expensive mission resources plinking J. Random Jihadist.

      A YEMENITE judge BTW ordered he be captured "dead or alive", so local due process was indeed followed.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    2. Re:during vietnam by ka9dgx · · Score: 1

      ... when a radical leftist president starts executing right wing militia people without due process, rush limbaugh will shit a brick. .

      Well, constipation is the number one side effect of some things he's been known to take in the past.

    3. Re:during vietnam by Uberbah · · Score: 1

      You know going after Awlaki wasn't some random act like Calley turning his troops loose on Son My.

      And the NSA tapping your phone without a warrant wasn't a "random act", either. Does that mean it was legal?

      A YEMENITE judge BTW ordered he be captured "dead or alive", so local due process was indeed followed.

      So if a Yemenite judge rules that couchslug has violated Sharia law and that he should be stoned to death, does that mean that due process was followed? Or does it mean that you're repeating an irrelevant zombie talking point?

  35. Re:Redefining Hypocrisy by Anonymous Coward · · Score: 0, Flamebait

    When your religion (Islam) calls for you to kill another human being just because they don't agree with Islam, you deserve to be killed. The ones of us who are civilized don't need you.

  36. Re:If the dude was so worried about his due proces by maxume · · Score: 2

    I'm not complaining about due process. I'm complaining about arguing the legal semantics rather than directly objecting to the fact that the government thinks it has these powers.

    I do not believe that the incremental safety gained by actions like this is worth any of the costs (material, political, personnel). But that's probably because I tend to think that the incremental safety gained is largely notional, not something particularly real.

    --
    Nerd rage is the funniest rage.
  37. Re:War /= civil process. by TheCarp · · Score: 1

    Your choice to refer to organized crime as asymmetric warfare is amusing.

    So what...anything you can imagine some way to apply the word "war" to, magically makes whatever you want to do ok? Are there no standards? Just whoever they want to kill, as long as they can concoct a good story, its ok, as long as that story says "war"?

    Where is the oversight in that? Oversight is more important than killing your "enemies", especially when you are so large and poweful that, at their height, they are little more than a mosquito biting at your ass.

    --
    "I opened my eyes, and everything went dark again"
  38. Re:War /= civil process. by Anonymous Coward · · Score: 0

    You need to re-think your notion of "murder." Murder was Awlaki's history, and stated purpose. Stopping him is not murder.

    Why exactly do you think you have the moral superiority?

  39. drone warfare is dangerous to U.S. by Anonymous Coward · · Score: 1

    Drone warfare does not help the U.S. To use drones, the U.S. needs to align itself with the dictators whom are disliked by the people. civilians are killed by the drones. Civilians look to someone to help them against this foreign terrorist (the U.S.). That someone, likely, is Al Queda.

    Basically, this tactic puts the US on the wrong side of the people, and any natural democracy efforts such as the arab spring.

    The best way to fight "terrorism", is not to use terrorism.

    Instead, it is better to stop supporting dictators/occupiers in the middle east and Israel, and instead support people in times of extreme need. The Libya model works. The focus of anger goes naturally to the oppressor. If we stop supporting the oppressors, then most anger/terrorism against the U.S. ends.

  40. analogy fail by pigwiggle · · Score: 1

    That analogy doesn't work for two reasons. First, the US congress declared war against Germany. They haven't done as much against AQ or AQ affiliates. They have only authorised force against the 9/11 attack perpetrators, planners, and those providing material support to them. I think you have to go pretty far to get Awalaki into that bunch. Second, the guy who joins up with the German military would be killed in mutual battle as a course of military action. The two Americans that were killed were specifically targeted for assassination. In fact, Awalaki's lawyer was representing him in US courts in an effort to get and injunction against his pending assassination. They were on an assassination list.

    I'm not arguing if or not his killing was the right thing to do. Just that your analogy doesn't work very well. For an analogy to work well, the two instances being compared have to have a lot of common points - certainly the most relevant points need to be the same. From what we know of Awalaki's actions, a number of Americans could have been likewise targeted for their residence and actions in Vietnam, and their agitation about that war here in the US. Even that would have been easier to justify. There was a typical army and a congress authorised force in Vietnam.

    --
    46 & 2
    1. Re:analogy fail by ScentCone · · Score: 1

      They haven't done as much against AQ or AQ affiliates

      Wrong. They did exactly that, in so many words, and with a large majority voting in favor. The 9/11 attack perpetrators, planners, and those providing material support to them are Al Queda (and many others).

      you have to go pretty far to get Awalaki into that bunch

      I don't have to go far at all! He himself loudly and regularly proclaimed his support for UBL and the entire gang. He has publicly embraced them and acted continually to recruit more people to that same cause in hopes of extending the efforts of 9/11 into more and bigger attacks in the same vein, for the same reasons, in the name of the same movement. It's no stretch, it was his entire point.

      They were on an assassination list.

      No, they were on a "kill these enemy combatants at the first opportunity in order to shut down their operations" list. The connotation is completely different, because the justification is different. Not the same thing.

      From what we know of Awalaki's actions, a number of Americans could have been likewise targeted for their residence and actions in Vietnam

      We didn't have too many of those people actively recruiting people who might be able to arrange for or make weapons of mass destruction explicitly for use against large numbers of civilians for political purposes. Alwaki, on the other hand, was all about that very thing.

      There was a typical army and a congress authorised force in Vietnam

      Not all combat in Vietnam was against "typical" army types. Insurgencies always have different characteristics. But things definitely have changed. Asymmetric warfare being launched by an organization/movement (rather than directly by a state like, say, North Korea) doesn't fit the WWII, or Vietnam type molds, but it's no less a conflict that requires direct action at the military level.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:analogy fail by pigwiggle · · Score: 1

      "Wrong. They did exactly that, in so many words, and with a large majority voting in favor."

      No they didn't. Congress did not authorise force against AQ. Seriously. Show me where they did. You're are just flat wrong about that. The force they authorised was to deal with the people who brought about the 9/11 attacks. It isn't necessary to be a member of AQ to have done so, and likewise it isn't sufficient to be a member of AQ to be counted in that group.

      ". But things definitely have changed. Asymmetric warfare being launched by an organization/movement (rather than directly by a state like, say, North Korea) doesn't fit the WWII, or Vietnam type molds"

      And that's my point, and why your analogy to an American turncoat fighting for the German army doesn't work.

      --
      46 & 2
    3. Re:analogy fail by ScentCone · · Score: 1

      your analogy to an American turncoat fighting for the German army doesn't work

      I didn't say "American turncoat" (someone changing one uniform for another). I was describing someone (insufficiently clear on this, I guess) like you or me (I presume you're not in the armed forces?) doing so. Leaving your country to go fight for those that are attacking the country is the same. Really. The looseness of the the organization or nation-state that's doing the attacking doesn't change the moral landscape one bit.

      --
      Don't disappoint your bird dog. Go to the range.
    4. Re:analogy fail by pigwiggle · · Score: 1

      OK, whatever. It doesn't make any difference. But I'll rephrase ...

      ". But things definitely have changed. Asymmetric warfare being launched by an organization/movement (rather than directly by a state like, say, North Korea) doesn't fit the WWII, or Vietnam type molds"

      And that's my point, and why your analogy to an American fighting for the German army doesn't work.

      --
      46 & 2
  41. Stop crying by Anonymous Coward · · Score: 0

    All you PE hippies can shove it already. If they are a threat they should die. I can promise you none of them are sitting around worrying about laws and due process before planning to kill us.

    1. Re:Stop crying by kayumi · · Score: 1

      So basically you are saying that 'them' are right. All this civilisation stuff (laws etc.) is bullshit? I always thought that lowering yourself to the level of your evil opponent is admission that you lost.

    2. Re:Stop crying by cyber-vandal · · Score: 3, Insightful

      We're supposed to be better than them. Otherwise you might as well just have a military dictatorship where the General can kill whoever he wants at any time.

    3. Re:Stop crying by LynnwoodRooster · · Score: 1

      We're supposed to be better than them. Otherwise you might as well just have a military dictatorship where the General can kill whoever he wants at any time.

      We are better than them. He could have surrendered at any time and then would have had his day in court. Now you go over there and tell your local Al Qaeda cell leader that you're an American - you'll probably end up like Daniel Pearl - no trial, no jury of peers, no court. Just a knife or - if they're feeling merciful - a bullet.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    4. Re:Stop crying by cyber-vandal · · Score: 1

      We are not better than them if we execute people without trial. We are then exactly the same as them.

    5. Re:Stop crying by LynnwoodRooster · · Score: 1

      We are not better than them if we execute people without trial. We are then exactly the same as them.

      Our Justice Department went over it, and concluded that it was legal to do so. A trial not needed. Still doesn't change the fact that if he surrendered, he would have received a trial.

      I wonder if you could "surrender" to Al Qaeda and get a trial, or if they'd have their legal team debate and research if it's legal and ethical to execute you...

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    6. Re:Stop crying by Rakshasa-sensei · · Score: 1

      The religious leaders of al-Qaeda have gone over the holy texts, and also come to the conclusion that it is ok to kill Americans. What's your point?

    7. Re:Stop crying by cyber-vandal · · Score: 1

      Yeh he could have handed himself in. He would have been in Gitmo before you could say rendition and to hell with a fair trial. Perhaps that was why he didn't. In any case he could have been tried in absentia where he surely would have been found guilty and an arrest warrant issued. My objection isn't to murderers being killed, it's to the US Government setting aside the laws whenever they feel like it. That sets a very dangerous and worrying precedent and should be opposed.

    8. Re:Stop crying by LynnwoodRooster · · Score: 1

      Do I have the option for a trial with al-Qaeda? He did with the US - and chose to flee and cede his rights.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  42. Thus begins the Drone Wars by CYDVicious · · Score: 1

    May the force be with you.

    --
    //Nothing to see here, please move along.
  43. Re:War /= civil process. by ScentCone · · Score: 1

    Why exactly do you think you have the moral superiority?

    Because Awlaki's stated world view, and his willingness to kill innocent people to achieve it, is objectively inferior.

    His moral framework includes support for those that think it's appropriate to kill a woman for having been raped. To drag a woman out into the town square and shoot her in the back of the head in front of an audience for the crime of working to feed her family since her husband will executed for selling music. His moral framework involves forbidding girls from learning to read, and burning down schools (and burning the resident teachers alive) for daring to make them literate.

    The fact that you're even asking the question means that you're likewise in favor of these things. Please go and live in an environment run by people who share your thinking on the subject. You'll either love it, or perhaps you'll grow up and change your mind, if you aren't killed first for having the wrong length of beard.

    --
    Don't disappoint your bird dog. Go to the range.
  44. Re:Cool. by SmurfButcher+Bob · · Score: 1

    I'm pretty sure they'll run out of eyes long before then.

    Meanwhile, assassination is NOW...? What rock have you been living under for the past 200 years?

    --

    help me i've cloned myself and can't remember which one I am

  45. Re:War /= civil process. by SmurfButcher+Bob · · Score: 1

    Not sure. I think it's because it's really hard trying to justify flying a fucking airplane into a building.

    Twice.

    Err, almost 3 times... ...and then claiming to have any morals, at all.

    --

    help me i've cloned myself and can't remember which one I am

  46. Ron Paul by roman_mir · · Score: 3, Informative

    That's why you vote for Ron Paul.

    Realize that just a little while ago, FBI argued that there is significant terrorist threat within USA coming from various militias (remember Oklahoma?)

    So it's not a stretch to say that if POTUS gets to keep the power to kill American citizens without a trial, eventually it will be used to kill American citizens in USA without a trial, who have suspected 'ties' to 'terrorism', and when government gets to decide who is a terrorist, who is a suspected terrorist and who has ties to them, the lines become increasingly blurry as to who can be killed next and where.

    Realize that pretty much ANYBODY can eventually be tied to something that has to do with terrorism somehow, after all the 6 degrees of separation separate you from Kevin Bacon as much as they separate you from anybody, including various terrorists. (Now, it's not scientific, but there a point there. Something you said somewhere on the Internet at any point can be linked to something else, even if it is only similar, but not exactly the same, but who gives a shit about nuance, right?) In any case, this is completely illegal, immoral and anti-Constitutional.

    I am making this comment right now, and it can be turned against me - it can be declared that this is equivalent to terrorist-sympathizing, because I don't want POTUS to kill Americans on a whim. Is that enough to launch a drone strike after me?

    If you don't see me commenting here for over 2 weeks in a row, then that's it (and foes can cheer.)

    1. Re:Ron Paul by cyber-vandal · · Score: 1

      My god we agree on something. *Universe implodes*

    2. Re:Ron Paul by roman_mir · · Score: 1

      OK, so does your agreement then NOT extend to the points I was making yesterday on what constitutes rights vs entitlements and obligations?

      The comments are linked below, and the main premise is that individual 'rights' are meaningful only to define relationship between the individual and the collective (so individual and the government), as opposed to having any role in defining the relationship between 2 individuals or any private entities.

      The point is that rights and entitlements are different things, and rights is what you do not want your government to violate, and entitlements is what some are given by the government, forcing obligations on others.

      http://slashdot.org/comments.pl?sid=2450838&cid=37575982
      http://slashdot.org/comments.pl?sid=2450838&cid=37554214
      http://slashdot.org/comments.pl?sid=2450838&cid=37558726
      http://slashdot.org/comments.pl?sid=2450838&cid=37558814
      http://slashdot.org/comments.pl?sid=2450838&cid=37558814
      http://slashdot.org/comments.pl?sid=2450838&cid=37556278
      http://slashdot.org/comments.pl?sid=2450838&cid=37554214
      http://slashdot.org/comments.pl?sid=2450838&cid=37553622

      So you do not agree with those comments then, while agreeing with the one I made on this story, because you are saying this is the first agreement on your part? (is there a difference from individual point of view of Universe imploding and a robot drone missile attack that kills that individual?)

    3. Re:Ron Paul by cyber-vandal · · Score: 1

      LMFAO you crack me up :D

    4. Re:Ron Paul by Anonymous Coward · · Score: 0

      I am making this comment right now, and it can be turned against me - it can be declared that this is equivalent to terrorist-sympathizing, because I don't want POTUS to kill Americans on a whim. Is that enough to launch a drone strike after me?

      Well, if you start posting videos on youtube calling on people to rise up and murder Americans, and you hide in a country where the US can't arrest you, and the US-friendly local government can't get you either, then yes. You may indeed be killed by a drone strike, whether you hold US citizenship or not.

      Would it make you happy if I pushed the button personally?

    5. Re:Ron Paul by roman_mir · · Score: 1

      Aaah, so exercising the first amendment rights is now punishable by death. Is that a Constitutional position or only a personal one?

    6. Re:Ron Paul by witherstaff · · Score: 1

      Yeah liberals want to vote for someone that wants to oh.. close Gitmo, Stop no bid contracts in the Government, not allow staff to instantly become lobbyists and vice versa, tax Big oil, negotiate health care on CPAN, stop warrentless wiretaps.. You know like candidate Obama, not like that guy currently in office.

    7. Re:Ron Paul by Anonymous Coward · · Score: 0

      So... unable to formulate a substantive response, I see.

    8. Re:Ron Paul by randyleepublic · · Score: 1

      Do you lames really think that this was the *first* time this has been done??? How about this being the first time "our" government has bragged about doing it? That's more like it.

      --
      Social Credit would solve everything...
    9. Re:Ron Paul by roman_mir · · Score: 1

      why would you come out with such a ridiculous statement?

      WHO says this is the first time this has been done? What is NEW is that the government is fully acknowledging that it is what it's doing, and it's getting CHEERS and APPLAUSE for this, especially from the weird crowd of strange GOP followers, the same kind of people who cheer to Perry when he talks about execution of prisoners and the same guys who cheer for death of person who may not have health insurance - the second one being a very loaded idea, since that would be a strange situation in free market with low prices and a 30 y.o., who'd be making good money in that economy, even if he didn't have insurance, which would be very cheap (insurance used to cost $1/month/person prior to Medicare) and health care would be cheap and all of those products would be getting cheaper every year due to technology and larger markets and thus more competition.

      So that crowd of people is now cheering, but also the other crowd is cheering - those of the Democrats who are NOT protesting. Weren't they protesting against the Patriot Act of Bush time, and that thing was only about unconstitutional searches and seizures and prisons, this here is unconstitutional KILLING.

      But of-course US gov't killed people prior to this, they did that covertly, which means they at least knew the difference and knew that it was the wrong thing to do. Now they are doing it overtly, totally in the open and are getting applause for this.

    10. Re:Ron Paul by LanMan04 · · Score: 1

      Realize that pretty much ANYBODY can eventually be tied to something that has to do with terrorism somehow, after all the 6 degrees of separation separate you from Kevin Bacon as much as they separate you from anybody, including various terrorists.

      The simple solution is to declare Kevin Bacon a terrorist; that would give the USA free reign to kill anyone on Earth!

      --
      With the first link, the chain is forged.
  47. Re:War /= civil process. by SmurfButcher+Bob · · Score: 1

    So, what IS the exact definition of Jihad, then?

    --

    help me i've cloned myself and can't remember which one I am

  48. Re:5th Amendment - indite him? by MonsterMasher · · Score: 4, Insightful

    I know of no proof that the played a role in AlQueda. I'm talking proof, not propaganda. If there was proof, he could have been charged, but he was never charged...

    It's the politically motivated assassination of a USA citizen by the USA government with no justifiable legal reason or attempt at process.

    What the hell else could it be? And it troubles me on so many levels. And the basic fact is that the few speeches I've heard on youtube were normal and righteous positions I generally agreed with.

    Ops.. did I just make myself a target .. get it.. GET IT! .. Stupid cock-suckers.

  49. Re:Cool. by Grygus · · Score: 1

    Then the attack on 9/11 was perfectly legitimate. You do realize that's what you're saying? They were at war with us, and everyone killed that day was in on being American, after all.

  50. Yuh Huh by Greyfox · · Score: 1, Insightful
    If you don't want to be shot in the eye by a member of Seal Team 6, try not being a terrorist asshole.

    This guy and Bin Laden have been waging their private little war on the USA, putting civilian lives at risk at home and abroad. We may not have declared war on them, but they certainly have done so on us. I have no problem whatsoever with the government picking them off, and this administration is proving to be surprisingly good at doing so.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Yuh Huh by misexistentialist · · Score: 1

      The USA terrorized al-Awlaki and bin Laden for years before they returned the attention. If you were almost poisoned or thrown into a shithole prison for resisting brutal Middle Eastern regimes a bullet to the eye would seem calming.

    2. Re:Yuh Huh by Greyfox · · Score: 1

      I don't buy it. Both of those guys had the resources to make their voices heard advocating for peaceful change through other channels. They could have been powerful forces for peaceful change. Instead they decided to be terrorist assholes. They sent gullible children to blow innocent civilians up while they lounged around their million dollar estates watching gay porn and stealing childrens' soccer balls. The regime they would have instituted would have been just as brutal as the ones they were fighting against. Their actions were nothing more than a tool for their own advancement.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    3. Re:Yuh Huh by Anonymous Coward · · Score: 0

      Whoops, you're a US citizen are you not? Somebody in the government might think you're anti-government(terrorist!!!), so they assassinate you just like the other US citizen they thought was anti-government(terrorist!! ohnoeeeezz). Now any US citizen is a potential "terrorist", it seems you're eating this up like a good little citizen who will do whatever the government says, unthinking and unquestioning....

    4. Re:Yuh Huh by Anonymous Coward · · Score: 0

      drinking the kool-aid much?

    5. Re:Yuh Huh by couchslug · · Score: 1

      I don't consider Muslims to be "U.S. citizens" or worthy of any protection whatever. Their superstition negates any obligation I might otherwise have to them.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    6. Re:Yuh Huh by misexistentialist · · Score: 1

      I won't disagree that they were assholes, but the assholes behind the CIA and the Mossad are to blame for dragging the rest of us dealing with these creeps.

    7. Re:Yuh Huh by scubamage · · Score: 1

      I agree, lets expand that to Christians and Jews as well, since both have histories of genocide. Also, make sure to remove protections from Buddhists, Taoists, Confucianists... and especially those Jains.

    8. Re:Yuh Huh by Uberbah · · Score: 1

      Uh huh. And when President Michael Moore labels GreyFox a "terrorist asshole", what are you gonna do about it? Calmly submit to your house being bombed, or surrender and take your chances at being shipped off to Gitmo or Bagram to be held and abused without trial - or even held after being found innocent in a court of law?

  51. Re:War /= civil process. by Grygus · · Score: 1

    For that reason it is not a war.

    If the government were to expend missiles on a house in Los Angeles, killing everyone inside, then explain that there were drug dealers in there and that this was part of the War on Drugs and therefore trials were a bother and unneeded, would you be okay with that because it was killing combatants in war?

    These arguments are nothing more than rationalization of your lack of empathy for people you irrationally fear.

  52. Re:War /= civil process. by Anonymous Coward · · Score: 0

    Granted it's far, far easier to just extirpate the people and ideas that make you feel threatened, but what do we become when we abandon due process, our values, and our belief in the rights and liberties natural to all humans? The price of having a fair world is being unable to feel like you're the top dog and being equals among all other equals. Also, country's code of law is white-listed to its political territories. Defiance of this is sanctioned barbarism, and I question the values of anyone who lends legitimacy to its acceptance on the grounds of a TV show macgufiin (it smells like 24 in here). A Cuban SWAT Team has no more right to infiltrate the US and murder CIA members who plotted to kill Castro than the US does to invade other sovereign nations and kill people that fundamentally disagree with the direction it's headed. Please tell me how you disagree without using the words "hate" and "freedom" in the same sentence.

  53. Re:War /= civil process. by __aaqvdr516 · · Score: 1

    There are standards. Since this US citizen was outside of the US territories it required the level of attention of the governments of the USA and Yemen. He received the attention that he wanted.

  54. Re:Cool. by tmosley · · Score: 1

    By your logic, the targeting of priests who support US policy and recruit for the military for assassination is also legitimate.

    Woe to the priests, I guess.

  55. How about a little proof by MonsterMasher · · Score: 1

    I will seriously say that I have not seen or heard of any first hand proof or even legal charge against him. I have heard a lot of media propaganda on the matter. I remember his father trying to use the court to stay his son's execution. I remember how that went. I agree with some of his publicly held positions as I have seen him say directly (through YouTube) and I wonder where on that presidential list that puts me. I wonder how many people have been hypnotized into thinking this was a good action in any way. It's sad. I suppose they all had parents that love(d) them at one time.

  56. Re:War /= civil process. by Grygus · · Score: 1

    No formal declaration of war: Check.
    "War" defined as murderous intent against non-soldiers for ideological differences: Check.
    Rules of law and engagement suspended in service to the "war": Check.

    So by your rationale, 9/11 was perfectly okay, then? Al Queda had publicly said they were at war with us, and people inside the Towers had committed hate speech against Al Queda. There were also agents with ties to the US government, their declared enemy, inside the building. Can you explain the difference between this act and 9/11, aside from the fact that the terrorists were more efficient?

    The terrorists have won by bringing us to their level. And you are actually willing to defend this behavior. I can only hope you haven't thought this through.

  57. They also declared war on U.S. by drnb · · Score: 1

    It would be hard to argue that a leader in a group that the US has effectively declared war on (including resolutions of Congress that authorize military force) is not a legitimate military target.

    I think it is also relevant that he was a leader in a group that declared war on the U.S.

    1. Re:They also declared war on U.S. by EuclideanSilence · · Score: 1

      It would be hard to argue that a leader in a group that the US has effectively declared war on (including resolutions of Congress that authorize military force) is not a legitimate military target.

      I think it is also relevant that he was a leader in a group that declared war on the U.S.

      If an ant declares war on you, and you ignore it, are you at war? You can only declare war for yourself, not for someone else.

      Congress has gone to great lengths not to declare war (which is easily the most treasonous thing that has occurred in the last 10 years). Do you really want to live in a country where congress can pass it's responsibility for declarations of war onto foreign parties? "We don't have to vote on this, it's not our fault". They've been blaming the president, blaming the middle east, doing anything except their responsibility. And here, a citizen is killed without any trial at all, and you want to entertain their excuse of "okay, we were at war enough for that"? Fine for you, but I'd rather not put up with that.

    2. Re:They also declared war on U.S. by Uberbah · · Score: 1

      I think it is also relevant that he was a leader in a group that declared war on the U.S.

      It's also relevant that neither of those things happens to be true. He wasn't a leader of Al Queda, and Al Queda in Iraq (or in this case Yemen) is not the same thing as Al Queda in Afghanistan.

    3. Re:They also declared war on U.S. by drnb · · Score: 1

      I think it is also relevant that he was a leader in a group that declared war on the U.S.

      It's also relevant that neither of those things happens to be true. He wasn't a leader of Al Queda, and Al Queda in Iraq (or in this case Yemen) is not the same thing as Al Queda in Afghanistan.

      al-Qaeda in the Arabian Peninsula has not only declared war but committed acts of war. al-Awlaki was involved.
      http://en.wikipedia.org/wiki/Anwar_al-Awlaki

    4. Re:They also declared war on U.S. by Uberbah · · Score: 1

      Your link is a non sequitur, and the worst on Al-Awlaki is a couple of convictions for prostitution and guilt-by-association attacks. But, I look forward to you supporting a drone strike on Glenn Beck's house for providing the same level of "involvement" with the guy that wanted to shoot up the Tides Foundation.

    5. Re:They also declared war on U.S. by drnb · · Score: 1

      Your link is a non sequitur, and the worst on Al-Awlaki is a couple of convictions for prostitution and guilt-by-association attacks. But, I look forward to you supporting a drone strike on Glenn Beck's house for providing the same level of "involvement" with the guy that wanted to shoot up the Tides Foundation.

      I merely offered the link so that other readers may see your silliness for what it is. I had no expectation of altering your viewpoint any more than I expect to alter the viewpoint of a 9/11 truther, a global warming denier, etc.

      When Beck posts a video calling "for Muslims around the world to kill Americans "without hesitation"" and is found driving around with al-Qaeda bomb makers and such I'd be happy to support another drone strike. Until then ...

    6. Re:They also declared war on U.S. by Uberbah · · Score: 1

      I merely offered the link

      You merely offered an assertion and a link, but the link does not back up your assertion. Your problem, not mine.

      When Beck is wildly accused with no evidence of posting a video calling "for Muslims around the world to kill Americans "without hesitation"" and is found driving around with al-Qaeda bomb makers and such I'd be happy to support another drone strike. Until then ...

      Fixed that for you. The only thing that's actually happening is here is a bunch of authoritarians are running around talking about how he's a bad guy, without being able to offer any evidence whatsoever that the narrative has any more accuracy than the yarns about aluminum tubes and Nigerian yellow-cake.

      Not only haven't any of you bothered to point to a smoking gun, you haven't even managed a deliberate mistranslation (CNN translating Iranian claims of a right to nuclear energy as claiming a right to nuclear weapons) or video of one part of a rant while leaving out the context of the rant (Wright and "goddamn America).

  58. Americans served with the SS in WWII by Quila · · Score: 1

    Would it have been wrong to kill them?

    1. Re:Americans served with the SS in WWII by redemtionboy · · Score: 1

      During a declared war? No, but that's not what we have here. When it comes to government, semantics and procedures matter, because without binding government to go through the proper channels, then there are no checks on it's power. If we were at declared war with Yemen and this was an attack on US individuals helping Yemen, then this would be legitimate.

  59. A. Guys who declared war on U.S. by drnb · · Score: 1

    Q: Who is the war against?

    A. Guys who declared war on the U.S.

    FTFY

  60. Re:War /= civil process. by Grygus · · Score: 2

    I'm sorry. Demanding that you prove your assertions is not a terrorist or traitorous act. You have no idea what you're talking about.

    We have this thing called the Constitution. I'm sure you claim to support it at every opportunity. Now you should read it.

  61. Re:War /= civil process. by tmosley · · Score: 4, Insightful

    Wow, when did advocating decent into fascism become "insightful"?

    Yeah, let's all re-think our notion of murder, such that any killing by the state is justified because they say it is. Can't wait for this shit to be applied on US soil, then to every beat cop in the name of "safety".

    Note that in 2006, approximately 200 people in the US were killed by police. In the same year, zero people were killed by terrorists.

  62. Re:War /= civil process. by tmosley · · Score: 5, Insightful

    So if the president ordered your death, and got the approval of some 3rd world crackpot dictator on his way out the door, you would be totally ok with that? Remember, no trial, no accountability. All they have to do is say that you were an enemy of the state.

  63. Re:War /= civil process. by tmosley · · Score: 1

    Sure, it was also reasonably likely that those cars were full of children going to the Madrassa, as he was, in fact, a cleric. Still ok?

  64. A simple question to those who object... by Veggiesama · · Score: 2

    Where the fuck were you during the last president?

    Let's put this shit in perspective:
    1 dead American-born cleric
    100,000+ dead Iraqi civilians

    I think we have had bigger issues than one asshat's due process rights.

    1. Re:A simple question to those who object... by Anonymous Coward · · Score: 0

      Reminds me of the Bourne film where they were exposed for killing Americans.
      Sure it is fine to murder non Americans but someone people are shocked when Americans die?

    2. Re:A simple question to those who object... by Anonymous Coward · · Score: 0

      One issue isn't "bigger" than the other. It's the same issue in both situations, which is a government that doesn't obey it's own laws.

    3. Re:A simple question to those who object... by pablodiazgutierrez · · Score: 1

      I've moderated elsewhere in this thread but to heck with the points. This is exactly the root of the issue. Americans are somehow worth more than non-Americans exactly why? I still remember my blood boiling while watching the news a few years back after ETA killed some local businessman in northern Spain, and this middle aged lady was scandalized because "now they're also killing Basques!". Just like she was able to go on with their life as long as they only murdered young policemen brought from Andalucia, far south.

    4. Re:A simple question to those who object... by Anonymous Coward · · Score: 0

      Do you still think "al qaeda" is relevant? You might still believe the tooth fairy gives you cash for your fallen out teeth under your pillow.... or believe in Santa Clause... or other fairy tales. You're impressionable and will easily believe things at face value.

    5. Re:A simple question to those who object... by Uberbah · · Score: 2

      Where the fuck were you during the last president?

      Why the fuck do you think this is binary?

    6. Re:A simple question to those who object... by tokul · · Score: 1

      when one person is killed, it is tragedy. When 100k are dead, it is statistics.

    7. Re:A simple question to those who object... by Anonymous Coward · · Score: 0

      And where the fuck are all the civil libertarians on THIS PRESIDENT? The assault on our right under Obama has increased, yet you dumb cocksuckers just let him get by with it.

    8. Re:A simple question to those who object... by Anonymous Coward · · Score: 0

      Iraqi civilians have bigger issues. US citizens, maybe not...

    9. Re:A simple question to those who object... by Veggiesama · · Score: 1

      You're right; it's not binary. But I think that when someone just had their house bulldozed, it doesn't make any sense for that person to complain about how the demolition men also forgot to wash their hands when they left.

      It's about the scale, and bigger issues should take precedence over the smaller ones, especially when the wrongful death ratio may approach something like 100,000:1.

    10. Re:A simple question to those who object... by Uberbah · · Score: 1

      And where the fuck are all the civil libertarians on THIS PRESIDENT?

      ACLU chief 'disgusted' with Obama You asked?

      The assault on our right under Obama has increased, yet you dumb cocksuckers just let him get by with it.

      '

      Who's this "you", Willis? Not everybody is an authoritarian or an Obama fanboi.

    11. Re:A simple question to those who object... by Uberbah · · Score: 1

      Our nation has been fucking with other countries almost as long as we've been a nation. But a President flatly asserting that he has the right to have even American citizens killed based on nothing more than his say-so - that's new.

  65. A drone killed him? by Anonymous Coward · · Score: 0

    A person killed him and the drone was the instrument used to do the deed, like any rifle, knife, or club.

  66. Re:War /= civil process. by jensend · · Score: 2, Insightful

    Undoing my mods to say this- the very first thing Wikipedia says about Brandenburg vs. Ohio is that "government cannot punish inflammatory speech unless it is directed to inciting and likely to incite imminent lawless action." Advocating violence in the abstract is a long long way from being involved in the day-to-day planning of suicide attacks as Awlaki was. Why are you ignoring this? If you were trying to make some kind of objective argument about justice, rather than being a partisan who's simply seizing the opportunity to push your view, you'd certainly have given this thought.

    The government has the right to take action against those who are personally involved in perpetrating ongoing violence.

    Nobody likes trials in absentia, but efforts to apprehend Awlaki had gone on for years without success, and finally a trial was scheduled in a Yemeni court. Awlaki could not have failed to have received information about the time and place of his trial, which was nationally and internationally in the news. His defense counsel was not just a sham but put up a vigorous defense. He was convicted and the judge called for his capture dead or alive. I think that in this case people went to extreme lengths to provide as much due process as could be given under the circumstances.

  67. Re:War /= civil process. by LynnwoodRooster · · Score: 1

    In 2001, 2977 people were murdered by terrorists. It'll take the police 15 years to "catch up" to make your little trite attempt at comparison worthwhile...

    --
    Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  68. Re:War /= civil process. by Jazari · · Score: 1

    There's no war between the US and Yemen. And fighting organized crime is not a "war".

    Terrorists are not "organized crime" in any historical sense. They have a command structure, foot soldiers, heavy weapons, and seek to overthrow the legitimate democratic government. They are more closely related to a foreign militia, waging actual war.

  69. Re:War /= civil process. by Anonymous Coward · · Score: 0

    Your examples of a criminal actively engaged in killing people are not relevant to this case. Stopping someone in the middle of committing murder by killing them is justifiable. Killing someone with a remote control drone (and not caring if other, "innocent" people are slaughtered as collateral damage), when your target is not then engaged in violent activity is not justified.
     
    Governments should not have this option. The US government in this case clearly violated the constitution, American and world standards of decency, and the President violated his oath.
     
    Just because you like the outcome, beware of endorsing these unethical actions. They may come for you someday.

  70. Re:War /= civil process. by Jazari · · Score: 1

    2. Work with the Yemeni authorities, who are allies of the US, to attempt to capture him and bring him to the US for trial. If he attempts to resist arrest, by all means shoot back.

    What if he is beyond the reach of the Yemeni authorities? Should we tolerate that he continues to organize strikes against civilians for years?

  71. Re:War /= civil process. by LynnwoodRooster · · Score: 1

    No formal declaration of war: Check.

    OK, let's get pedantic and say that since Congress didn't state an exact set of words you'd like to see, it hasn't declared war (we'll ignore the authorization and funding of all these operations as being an implicit - and financially explicit - declaration).

    Where in the Constitution is the Air Force? Doesn't exist. Hence the Air Force is not part of the military, so using Air Force drones to kill isn't an actual military action. It's not war, it's not military, it's espionage.

    --
    Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  72. Funny, the number of retards on these subjects by SmallFurryCreature · · Score: 1

    A LOT of posts are about how this is not a war according to the rules of wars and how the rules of war are not being followed. The contradiction never seems to face these posters. If it is not a war, then the rules of war need not be followed.

    The simple fact is that the world has no rule book that really applies to these situations. For that matter, the term war applies to any conflict in which a large enough number of people get killed, so yes, Mexico IS in an official UN recognized war JUST by the numbers involved, not because there was a declaration of war or any of that nonsense.

    It seems a lot of people, whether they like the UN or not, desperately want their to be rules that can be used as simple guidelines to make the world easy to understand. Sorry, no such rules exist. The real world is extremely complex and we make the rules up as we go along as best as we can. Yes, it is scary so crawl back under the covers and think in terms of rights and wrongs and let the grown ups deal with things.

    A group initiated actions against the USA and the USA reacted. Whether you think either side is more or less right doesn't matter, both sides think of themselves as being the right side. But since it is a group vs a state their just ain't any rules. No conventions, just a few "well it is would be nice if you could at least somewhat try to behave".

    You might not like it but it is senseless trying to draw rules, conventions and laws dealing with wars between nations into this because they don't apply.

    It reminds me of conspiracy theorists, many of them seem to be quite happy to believe the world is entirely controlled by group X because at least it means SOMEONE is in control and can be blamed for them not having had a date. (CmdrTaco, DAMN YOU)

    No rules, no laws. Just you in the world that ain't a nice place in which their is a bogeyman and he doesn't play by your rules no matter how hard you do.

    Just ask one of the retards what the US should have done post 9/11 instead. Do nothing? That is not the human way. Stop trying to force the world to change by pretending humanity is something it is not. Realize the truth and THEN act but don't live in lala-land.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Funny, the number of retards on these subjects by Anonymous Coward · · Score: 0

      The flaws in your statements and personal character are glaring. Believe it or not terrorism is nothing new. Please reread your post with the understanding that law enforcement can gather evidence and present it at trial. You see, there is a way to deal with crimes. It is not any grand new situation. Your personal failure is nothing new either. There was a British officer during the Revolutionary war who thought that rounding up women and children and setting them on fire was a good idea. He was eventually caught in military action. An impromptu trial was held by his captors and he was hung. The hanging was condemned by the colonists. This was before there was anay constitution. The thoughtfulness of the colonists in a time of great danger and few resources makes your thoughtlessness painfully clear.

    2. Re:Funny, the number of retards on these subjects by ClioCJS · · Score: 1

      Your post sorta-kinda reminds me of the many appeals to the Good Ol' Days That Never Were. You kind of want to say "we are animals, and behave as such, big fucking deal". To an extent, I agree. But you seem to have it as a foregone conclusion that there's no point in even elevating ourselves to not act like fucking animals -- and that is where I disagree.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    3. Re:Funny, the number of retards on these subjects by Anonymous Coward · · Score: 0

      We can be animals if we will ourselves to be or gods if we will ourselves to be. That's the distinct spark that makes us human. I believe that's what many philosophers have surmised over the more enlightened years of human existence.

      The cycle repeats. Welcome to the new Dark Ages. I hope you enjoy your stay. Last time around, we were beheading the infidels, now we use drones. We're so advanced. *pats myself on the back*

  73. Re:War /= civil process. by tmosley · · Score: 2

    No-one is arguing that the terrorists should have more freedom to operate outside the law. You have now acknowledged that the police are as bad or worse than terrorists. So why are we giving them more power to oppress us?

  74. Re:War /= civil process. by Anonymous Coward · · Score: 0

    the very first thing Wikipedia says about Brandenburg vs. Ohio is that "government cannot punish inflammatory speech unless it is directed to inciting and likely to incite imminent lawless action." Advocating violence in the abstract is a long long way from being involved in the day-to-day planning of suicide attacks as Awlaki was.

    So if I understand this correctly, "That crowded theater should really be burnt down," is protected speech, while "Go, my son, and burn down that crowded theater," is not. No?

  75. President Obama? by LynnwoodRooster · · Score: 1

    Interesting... When such actions were taken when President Bush was in office, /. was rife with "Bush is teh debbil!" type screaming. Now that it's President Obama calling the shots, the opposition is now genericized to "USA bad"...

    --
    Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    1. Re:President Obama? by Black+Parrot · · Score: 1

      Interesting... When such actions were taken when President Bush was in office, /. was rife with "Bush is teh debbil!" type screaming. Now that it's President Obama calling the shots, the opposition is now genericized to "USA bad"...

      I am a liberal. I suspect Obama is guilty of war crimes too. At the very minimum, he is guilty of giving shelter to war criminals.

      I won't be voting for him next year, no matter what kind of dog the Republicans pick to run against him.

      --
      Sheesh, evil *and* a jerk. -- Jade
  76. Re:War /= civil process. by LynnwoodRooster · · Score: 1

    By your own numbers, the police are 1/15th as bad as the terrorists. Additionally, how many of those killed by the police had outstanding arrest warrants - basically Court ordered actions to capture? Now how many of those murdered on September 11th, 2001 had Court ordered executions or even arrest warrants?

    --
    Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  77. Wait a minute by Anonymous Coward · · Score: 0

    Wasn't Al Qaeda a construct that was conceived by the CIA in the 80's

    1. Re:Wait a minute by Anonymous Coward · · Score: 0

      Wasn't Al Qaeda a construct that was conceived by the CIA in the 80's

      No. The CIA helped funnel aid to existing groups of Afghans resisting the Soviet invasion. Al Qaeda was the baby of the Arab bin Laden and his followers.

  78. Re:War /= civil process. by tmosley · · Score: 1

    Yes, we are all clear that you want more people murdered by police for any reason they like. In your mind it is fine to trade all liberty for the pretense of safety even as the total number of those killed increases, and the killers inevitably escape justice because they are police and not evil, evil terrorists.

  79. Re:War /= civil process. by X.25 · · Score: 1

    No one seriously argues that Awlaki wasn't an enemy actor, therefore there is zero logical argument against killing him. His citizenship couldn't be less relevant because the rules of WAR apply in WAR.

    He was an active member of a hostile force.

    He demonstrated hostile intent.

    Attacking him was a "necessity" because there was no other way to interdict his activities.

    Force used was "proportional" because it was sufficient to decisively counter a hostile act or hostile intent, but reasonable in intensity, duration and magnitude.

    Will you now start killing people who post "Death to Americans" type of message on random forum too?

  80. Not what we should be worried about... by Anonymous Coward · · Score: 0

    As far as al Qeada leaders go, all I gotta say is: Tango Down. What people should really be worried about is the gov't assassinating its own citizens to cover up election fraud, now that is truly the sign of Democracy's demise.

  81. Re:War /= civil process. by X.25 · · Score: 1

    Organized violence of both symmetric and asymmetric varieties by both sides for geopolitical purposes over time is war.

    Ok, so start killing mafia bosses then?

    A random drug dealing gang probably kills more US citizens in a year, than all terrorists combined.

    The only difference seems to be that drug dealers have politicians and police officers on payroll, while this silly 'terrorist' does (did) not.

  82. Durring WW1 & WW2, 1/2 of Americans were Germa by Anonymous Coward · · Score: 0

    So think about that for a moment.

    America was pitted in battle by Germans fighting Germans. I am still of the conviction that America
    is an immigrant country of displaced political subterfuge
    where the occupants dream of one day returning to rule their home country as a king despite being ejected or kicked-out
    to America.

    American Indians and Native Americans however don't have a say in this, but must accept all drafts of the United States.

  83. Re:War /= civil process. by X.25 · · Score: 1

    Because Awlaki's stated world view, and his willingness to kill innocent people to achieve it, is objectively inferior.

    US killed more innocent people than any other terrorist organization.

    That makes US number 1, I guess.

  84. Fine. by Hasai · · Score: 1

    Fine.
    YOU go into a failed country, and YOU kill him, up-close and personal.

    Typical little hypocrite: When the crap comes down they're the first ones to scream "DO SOMETHING!" Then they immediately turn-around and start tut-tutting when someone (not THEM, guaranteed) actually does DO something.

    --

    Regards;

    Hasai

  85. Those angsty youths, worse than Doctors. by Anonymous Coward · · Score: 0

    I guess when I sit on my couch reading "Thou shalt not kill" then I'm the other end of extremism.

    I wonder about how 500,000 Americans die every year from complications to surgery,
    and why not 1 single investigation was performed outside the
    pervue of the surgeons's conclusion to disuade any reporting of his
    bad statistics.
    Am I talking about home surgeries and home pharmacists? Hell no: 500,000
    Americans die every year from "regulated" DOCTORS employed by corporations,
    from complications afteir surgeries, and verry few investigations return any evidence of
    mal-practice that would prove the genocide on America known as organized Medical support.

    Why don't Hospitals get any legislation against them for being a breeding ground of where diseases mix and
    the real murderers conceal themselves among the sick and injurred to derive financial gain and asset liquidation
    against the people they are supposedly helping?
    I'll tell you why right now: population control.

    1. Re:Those angsty youths, worse than Doctors. by Anonymous Coward · · Score: 0

      Dr. Bob? Why are you posting anonymously?

  86. Re:War /= civil process. by LynnwoodRooster · · Score: 0

    Yes, we are all clear that you want more people murdered by police for any reason they like. In your mind it is fine to trade all liberty for the pretense of safety even as the total number of those killed increases, and the killers inevitably escape justice because they are police and not evil, evil terrorists.

    When you had no logical position to put forward, you made up a strawman and attacked that. Thanks for showing you have no point other than "USA = teh debbil!".

    --
    Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  87. We are at war by downhole · · Score: 1

    I kind of expected to find this level of stupid in a thread like this. Maybe some of you really do hate America or yourselves this much, or maybe some people are just so dumb that we'll have to see a few thousand more people die to realize that this really is a war.

    Yes, let's all say it together - this is a war. It isn't exactly the same as WWII, or really, any other war before. What we are fighting is a culture, an idea. It isn't really based in any particular country, but it is capable of and fully intends to do us warfare-scale levels of harm. This war won't be over before the end of American Idol, but it won't involve truly massive levels of troops and equipment either. Like all wars before, it will involve doing some things that could be considered to violate the Constitution. Since it will be a long war, we will have to be on our guard to see that it doesn't go too far against the Constitution, especially since it will be hard to say when it's really over.

    (By the way, we most certainly have declared it properly, or at least Bush did. The Constitution says that Congress must approve all wars, but it doesn't say that they must be against specific countries or include the phrase "declare war".)

    There are a lot of misunderstandings about how this all will work, but only some are really troublesome. Like the idea that we must bend all possible effort to capture enemy combatants alive and try and convict them in open courts. In some cases we certainly should, like for American citizens on American soil, but in most cases, it won't be possible, or would be insanely expensive. We are generally going pretty far out of our way to try people in some sort of court when it's at all possible, but in many cases, it just isn't.

    There will be mistakes too. Plenty have already been made, and I'm sure we'll make a lot more before it's all over. It's important to keep some perspective - wars can never be perfect or clean, but we are the good guys here and we will win. It's become cliche, but there are only 2 sides in this war, and you better pick one, because there's no room for "neutral observers". It's pretty clear that if you take everything that, say, the Taliban, says as face value and distrust everything the US Government and Military put out, then you've picked a side all right, and it isn't ours.

    --
    I don't reply to ACs
    1. Re:We are at war by gale+the+simple · · Score: 1

      'because there's no room for "neutral observers"'

      FTFU

      seriously

      --
      This post is provided without warranty as to reliability, accuracy or otherwise or fitness for any particular purpose.
    2. Re:We are at war by gale+the+simple · · Score: 1

      I just realized why your comment bothered me so much and why initial response was simple anger at your mind-boggling, unswerving faith in your governing body. I realized that you really, truly think you are the good guy ( and by extension, the people that make the big decisions.. they must be good too). It is cute. A little sad, but cute nonetheless. It reminds me of this old joke about Americans during commie days.

      What is the difference between the Russians and Americans? The soviets know they are a target of propaganda.

      You are blind if you think the world is binary and simple 'Downhole'. The only thing that is clear is that nothing is clear.

      It is depressing that I even have to explain it.

      --
      This post is provided without warranty as to reliability, accuracy or otherwise or fitness for any particular purpose.
    3. Re:We are at war by downhole · · Score: 1

      I wondered for a minute why your post takes such a vauge style, spouting meaningless and unrelated platitudes, almost as if you're dancing around what you believe the real issue is. Something that completely changes the whole debate, yet that you apparently don't want to clearly state. There's only one thing I can think of that fits the description, so in turn I ask you:

      Who do you believe planned and executed the attacks of September 11th?
      What was the end goal of that group?
      Why did that group decide that the attack plan executed on September 11th was the best way to achieve that goal?

      --
      I don't reply to ACs
    4. Re:We are at war by gale+the+simple · · Score: 1

      Ugh... I am not absolutely sure why you are trying to dissect me with the questions most likely meant to make me 'pick one' side. I do not believe, but ,based on available evidence, I think of a bunch of pissed off muslims thought it would be neat to blow some shit up. I do NOT think that this automatically makes it ok to blow up everything that is a-american( especially if that thing happens to be a US citizen ), because *BIG HINT* US happened to create those pissed off muslims. Is that clear enough and 'not vague' enough for you?

      I think the goal was to, long term, destroy the good US of A and if you, think about it for more than 3 seconds you might find out that the might have succeeded, albeit I do not think, quite in the way they have intended. All of a sudden, we are spending our entire future and human capital on a war on an IDEA and if you do not see a problem with this.. well, you are an idiot. I am sorry. For the US, not for you.

      If you do not think US is in a decline, I would like to hear your view of the next 10 years. Please tell me it is going to be all puppies and rainbows.

      So tell me now... did they succeed and why do you think your response ( killing everything that moves ) is the correct approach? Because let me tell you now... US has less and less allies across the globe and well, US has been pissing against the wind for a fairly long time now and a day might come, sooner than any of us might anticipate, that they will piss against a hurricane. Personally, I am looking at China, who does not take kindly to intimidation. The only glimmer of hope, as far as I can tell, is that China, again based only on previous actions as a good indicator of future actions, is being very patient and is thinking long term, which does give US time to prepare..

      And in case you are wondering: no, blowing up China might not work.

      The real issue, you dumb tard, is people like you who are already drumming the war drum, which makes everything a-okay as long as we are the ones doing it. It does not. The sooner you realize that wohr does not excuse 'mistakes' ( BTW I absolutely love your language which is so euphemistic that it borders on Orwellian), the sooner we might get to what is important: BBQs and BJs.
      The real issue is that this is just another small step on a slippery slope of executive branch power grab.
      The real issue is that it is all fairly complicated and you immediately rubber stamp it all with 'fine by me'. Do you know why? Because you do not think, even for a second, that one day you might be one of the undesirables. Because you are innocent and innocent cool people like you have nothing to hide. Because you have no idea what power does to you. Or if you do, you just dismiss it with a snide remark. Because you really believe everyone has their best intentions in place and that rules are just for the lil ones:P

      I just know that people are people.

      Because the debate is about the future of this country and you are still stuck in the past.

      --
      This post is provided without warranty as to reliability, accuracy or otherwise or fitness for any particular purpose.
    5. Re:We are at war by Anonymous Coward · · Score: 0

      We lost a few thousand when the Titanic sank. We didn't change our entire way of life because of it. Just saying. . . It was just as sad when all the people on the Titanic died, but we managed and kept living our lives the way we always did.

    6. Re:We are at war by downhole · · Score: 1

      Okay, you are at least showing signs of sanity. Let's see, first off...

      Looks like you think that nothing at all is simple... except of course for your political opponents. Clearly anyone who disagrees with you is either, let's see, a dumb tard, an idiot, or propagandized. I've refrained from direct insults against you, even though I believe your views are misguided. Is your supposed non-simple viewpoint in which people are people capable of understanding that some smart people have looked at the facts and read the arguments on their own, and independently came to a conclusion different than yours?

      Our response most certainly isn't "killing everything that moves". If you really believe that, then you aren't paying any attention to what's going on. If we actually wanted to kill everything that moves, we would have launched lots of nukes, the war would have been over in a few hours, and no Americans would have risked their lives. I very much don't want to do that, as I'll explain below.

      To really get to the bottom of this war, what you have to do is decide what overall strategy you want to employ in response to the many terrorist attacks of steadily increasing lethality that have been carried out against us. I see the possible strategies as (in order of what I consider the least desirable to the most):

      Surrender. Become a radical islamic country. I really hope you understand why this is unacceptable. If you don't, look up how the Taliban, Saudi Arabia, etc run their countries, and tell me if you'd like to live there.

      Total Destruction. Lots of nukes. Actually kill everything in every country that we think is part of this. Also a terrible option. Last I checked, the list of countries that have killed the most people is topped by Communist China, with 50 Million, right alongside Nazi Germany (~13 million directly, not counting the wars they started), and Soviet Russia (supposed to be 20 million or so IIRC). I really don't want to see the USA take a spot on the top of this list.

      Terrorist Whack-A-Mole. They blow up some or our stuff, we blow up some of their stuff, with varying levels of intensity. You mostly don't kill the actual people responsible for the acts, and nothing really gets solved or improved. Senseless killing, albeit mostly in small numbers, for God only knows how long. This was pretty much our strategy before September 11th, through the course of multiple Presidential administrations of both parties.

      Create Democracy. Actively try to get rid of the dictators that are making life in the Middle East so terrible and creating the overall pissed-offedness, mostly to distract their citizens from how badly they are running their own countries. This is what we're doing, well, at least what Bush was doing. Some will have to happen directly through warfare and occupation (see Iraq), others will hopefully happen through diplomacy. This is extremely risky - I don't think it's possible to even make a meaningful estimate of how likely this is to really succeed. It involves a hell of a lot of Americans and allies risking their lives, and many have already been killed and maimed. It's also the only option I see capable of really solving the problem long-term without truly massive numbers of people getting killed. There are some signs of hope - Iraq seems to be a more-or-less functional Democracy, at least for now. The Arab Spring revolutions are a good sign too - do you really think any of them would have happened if we hadn't created a Democratic government in Iraq? There's no telling how Libya, Egypt, or Syria will turn out in the end, but at least there's a chance that they'll be better than they were before.

      That's it. If you have any other ideas for what our overall response to Islamic Terrorism should look like, do tell. I sure haven't heard any. It would be nice if you have something specific, not just a statement of the obvious like that the world is not simple and the USA is not perfect.

      What really worries me is the possibility that one of these radical groups

      --
      I don't reply to ACs
    7. Re:We are at war by LanMan04 · · Score: 1

      but it is capable of and fully intends to do us warfare-scale levels of harm.

      [Big Giant Citation Needed]

      Really? Retrofitting old munitions into bombs to blow up US soldiers occupying their country is "warfare-scale levels of harm"?

      Let me know when AQ has killed 100K Americans (military or otherwise), then we can talk.

      --
      With the first link, the chain is forged.
    8. Re:We are at war by Anonymous Coward · · Score: 0

      First, allow me to apologize for the name calling. I was a little annoyed by your initial post and I let it show. I am sorry for acting like a kid. In my defense, I use Guantanamo Bay approach to any kind of arguing lately assuming everyone is a tard until proven otherwise. I am hoping you will appreciate the humor in this.. I am still sorry, I obviously did not mean that and should not have resorted to it.

      It is mildly interesting the way you frame issues. Somehow you equate surrender with becoming an active theocracy as if stopping 'spreading democracy' would overnight make everyone a Muslim. It a very weird phobia and/or world view. It makes me curious... what constitutes surrender in your book in this 'war'?

      As for the 'creating democracy' model/talking point some still seem to leaning on. I am sure you know that US has a fairly long history of exporting democracy abroad ( and by that I mean, installing convenient power structures sympathetic to US.. several dictators here and there come to mind, some on various well known newspapers ). If you want to say, that current effort are totally different from those failed efforts, I would like you to look at Orange Revolution in Ukraine. What a success that was. Ukraine is definitely closer to the west now. Yep. I would like to share your hopes for Arab Spring, but.. well, if this turns out as well as Iraq, which you seem to think is a glimmer of hope, then I think we, as a nation, are officially SOL in that region.

      Tbh.. combination of whack-a-mole and isolationism would appeal to me more than anything else, but you already tried to block this possibility with a play on nuclear fear. Allow me to give you some perspective, once upon a time there was no one had that weapon and everyone lived in peace and harmony. Then more and more nations, note, not all of them really well disposed towards the US, got it too. Tell me.. as far as I can tell, it has gotten considerably worse as far as nuclear proliferation is concerned.. Pakistan, India, China and, prolly North Korea and it will inevitably get worse as the technology become more and more commonplace. You are fooling yourself if you think, long term, it can be prevented. If you do not believe me, read up on how Israel got it. Do you really think any of the countries listed in previous sentence does not have radicals that would think little of using this potential? Do you really think enough sufficiently determined radicals could not do that?

      Messy stuff?.. absolutely, but life tends to be

    9. Re:We are at war by downhole · · Score: 1

      All right, no problem.

      I think that one of the big lessons of WWII is that if your country tries the isolationist mode and sits around in your own borders minding your own business while a ideology that is actively hostile to your own spreads around the world, then you only set yourself up for a bigger and more deadly war later as that ideology grows and spreads from a minor annoyance to a major threat, and potentially to an unbeatable one. It sure looks now like millions of lives could have been saved if, say, Nazi Germany was confronted before they became so big and powerful that if wasn't certain whether we could defeat them at all.

      I know the US has a long history of trying to export Democracy, but I don't think all of those efforts can be directly compared as there were several different reasons behind them. Most of the regimes set up during the Cold War, what was important was that they were friendly to us and hostile to the Soviet Union so as to prevent the spread of Soviet style Communism, not so much that they were legitimate democracies. It doesn't look so good when the regime you helped overthrow was arguably more democratic than the new friendly one, but the end result was the defeat of Communism and the overall worldwide acceptance of Democracy as the only form of legitimate Government. What I mean by that is that only a few hundred years ago, most countries in the world were ruled by some sort of dictator, and anyone who objected to the idea that they were entitled to rule however they felt like would be laughed at or shot. Now, even the nastiest dictators feel the need to at least pretend to have real elections to legitimize themselves.

      As for what I consider surrender, what surrender essentially means is giving the other side everything they want so that they give up fighting. But what does the other side in this war really want? Some people think that what they are fundamentally upset at is our throwing our weight around in the middle east, generally interfering with things, and they really just want to be left alone. If you think this is true, then isolationism certainly looks more appealing. But I don't think that's what they really want.

      Every world power since pretty much the beginning of recorded history has been interfering with foreign countries, especially in the middle east. Why were none of them ever the focus of international terrorism from radical Islam? To get closer to the truth, look at what Osama was saying way back at the beginning of their campaign, before they started trying to manipulate the western media. What they demanded then, and what I think they still really want, is to completely stop all foreign influence by media, music, movies, literature, ideas, everything into the middle east. These religious zealots were already mad enough that we were flouting the laws of their religion and yet were far more successful than their more pious countries, and now all of the horrible, godless, hedonist culture that we produce leaks into their countries and addicts their own citizens, who they think should be following their radical interpretation of Islam instead. In their view, they had no choice but to lash out against us until we made it stop. But we can't really make it stop, because we were never actively trying to reach their people in the first place - they actively sought out our culture because they liked it better than Sharia law and the so-called pious life these guys were selling.

      I think their real endgame goes even further than that - they aspire to no less than world conquest. These guys have long been experts at concealing what they really want to manipulate westerners. Look at what the Palestinians say in English to the west compared to what they say in Arabic to their own people. In English, they all talk about how much they want peace, and in Arabic, they never stopped calling for the total destruction of Israel and the death of all of the Jews there. There's lots of literature supporting that radical Muslims believe that conquering and rul

      --
      I don't reply to ACs
    10. Re:We are at war by gale+the+simple · · Score: 1

      I do not pretend to know the answer. I do not even think there is one that would work for everyone.. but you have suggested that the end game of the extremists is to make things extreme. That they say one thing, and do quite another, or openly say different things than they do behind closed doors. I am fairly positive that this describes behavior of mankind throughout the history with few notable exceptions of some kids raised away from any kind of civilization and maybe Jesus.

      Again, some perspective might help, I remember listening to an older woman in UK who still remembered the good ole days when the kingdom was indeed a kingdom and an empire ( she was not that old, just... well kinda pissed that it is no longer an empire and all those immigrants are coming and don't speak proper English ). With known company she was openly racist and anti-immigration ( the two kinda go well together in UK lately ), when in polite company, barely reminiscing the good ole days when UK was more homogenous ie. dirty immigrant free ( kinda ). People are like that. So are the muslims.

      When speaking about the root of all evil.. the big why,it is the religion itself as far as I can tell, but banning something like this would have a completely opposite effect and killing people for being of a certain faith ( as past would indicate ), tends to have quite the opposite effect. Our culture was relatively blessed with slow marginalization thereof... albeit very very slow and with moody radio making sure people are riled up. To be perfectly honest, modern Christians are mostly hypocrites. When checked against their actions, they openly say meh the holy book. The muslims tend to take Koran very literally.

      Then again, politicians still have that verbal tick: God bless you and God bless America.. so I dunno.

      Long story short, it is being a long week and it is already late. Can we agree to disagree in general and I think I will prolly be reading your posts more carefully from this point on.

      --
      This post is provided without warranty as to reliability, accuracy or otherwise or fitness for any particular purpose.
  88. Re:War /= civil process. by ScentCone · · Score: 1

    When a criminal is holding a gun to the head of an innocent person during a bank robbery, do you consider it "fascism" if, when he's told to put down the gun and instead he kills the hostage and then grabs another, and again points the gun at her head, the police shoot and kill the robber?

    How about if, instead of robbing the bank, the person is - for example, a la Beslan - threatening to kill a room full of school kids. Is killing those who are stringing up bombs around the room fascism?

    How about a group of guys are who are about to saw the head off of a construction contractor for YouTube in the name of Allah. Given a chance to stop them - with bullets if that's what it would take - fascism?

    And what if all of the above were part of a group that does things like that all the time, but hides out in the middle of nowhere, and you'd have to actually mobile troops to go in and get them the brutal, old-fashioned way... or you had a simpler method that would stop them just as thoroughly without any of the rolling-tanks-through-neighborhoods old school stuff? Doing so isn't "fascism" (how old are you, anyway, 12?).

    --
    Don't disappoint your bird dog. Go to the range.
  89. Re:War /= civil process. by fferreres · · Score: 1

    Likely, these people are killed not by what they did, but by what they know. But that's a guess and I wouldn't want to know the answer.

    --
    unfinished: (adj.)
  90. You missed "shall be held to answer" by billstewart · · Score: 2

    You missed the beginning of the sentence, which is that "no person shall be held to answer for" - that means brought in to a court process. You can't have a court case for capital or infamous crimes simply on the accusation of a prosecutor or police, unlike for petty crimes. Obama's gang didn't have a court case here, they declared him to be guilty and assassinated him.

    If we were talking about whether the prisoners in Gitmo had to be indicted by a grand jury before being given a fair trial, your quote would apply here.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
    1. Re:You missed "shall be held to answer" by scubamage · · Score: 1

      Exactly, it would have been easy to have a grand jury find him guilty in absentia. No one would care about this being a kangaroo court. But the facts are we killed him without a trial, and we violated another nation's sovereignty in the process. We also killed everyone else in the vehicle. There is no legal sidestepping that as far as I can tell.

    2. Re:You missed "shall be held to answer" by billstewart · · Score: 1

      Grand Juries don't find people guilty - they find that there's credible enough evidence to hold a trial. Trial courts (either jury or judge-only) can find people guilty, but they can only do that legally if the defendant has the opportunity to defend himself in court - people really do care a lot about in-absentia kangaroo courts, while very few people would care if they kidnapped him and held a kangaroo court.

      Violating another nation's sovereignty only matters if their government complains, which doesn't seem to be an issue here; Awlaki's not close to the first person the US has assassinated in Yemen, but he probably is the first American citizen they've done it to.

      --

      Bill Stewart
      New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  91. "except in cases arising in... public danger" by TheCeltic · · Score: 1

    "except in cases arising in... public danger" A terrorist helping recruit crazies in another country certainly is a "public danger".

    Calling Anwar al-Awlaki "an American born cleric" is like calling the devil "an angel that likes warm temperatures".

    I'm not a fanboy of Obama and think he has done many many things wrong while president, this however isn't one of them.

    --
    =-=-=-=-=-=-=-= - The Celtic - =-=-=-=-=-=-=-=
    1. Re:"except in cases arising in... public danger" by Uberbah · · Score: 1

      "except in cases arising in... public danger" A terrorist helping recruit crazies in another country certainly is a "public danger".

      Based on what? Government say-so. And when the government asserts that TheCeltic is a terrorist recruiter and bombs his house, based on nothing more than government say-so.....

    2. Re:"except in cases arising in... public danger" by Altus · · Score: 1

      if you keep repeating that over and over, maybe you will convince someone you are right.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    3. Re:"except in cases arising in... public danger" by Uberbah · · Score: 1

      Hell, its ONLY the Constitution. Maybe instead of wondering why people are trying to get through some thick skulls, and start wondering why you're so quick to shred your own Constitutional rights.

      Because if the "bad guys" don't have any rights, than neither do you. And there's nothing stopping someone in a position of authority from declaring you a "bad guy".

  92. All I have to say: by optymizer · · Score: 1

    "couch"

  93. Guess who's coming to dinner? by Anonymous Coward · · Score: 0

    Awlaki was an agent of the US government who doubled as a boogieman. If they wanted to kill him they should have done it when he was having lunch at the pentagon as a guest of honor after 9/11.

    http://www.youtube.com/watch?v=fs2r4Jj-ZUU

  94. Level Up by Kingrames · · Score: 1

    Any drone that kills a named enemy NPC should be given an official name, a badge, and the opportunity to share a beer with the President.

    Welcome to level 2.

    --
    If you can read this, I forgot to post anonymously.
  95. terrorists won by Tom · · Score: 1

    The terrorists have won. The US has become like them - killing its perceived enemies without evidence, trail or verdict has now become the official modus operandi. Tell me, what difference remains between you and them?

    --
    Assorted stuff I do sometimes: Lemuria.org
    1. Re:terrorists won by the+eric+conspiracy · · Score: 1

      There is plenty of good evidence in this case. In time of war (yes war was declared buy Congress) you are allowed to kill enemy combatants without bringing them to trial first.

    2. Re:terrorists won by Tom · · Score: 1

      I know Wikipedia isn't an authoritative source, but, according to its list there was no formal declaration of war. There were military operations sanctioned by congress.

      More importantly, however, the guy killed here was not a member of any armed forces. By every international law or rules of conflict I'm aware of, he was a civilian or at most a guerilla fighter.

      Please don't use the term "enemy combatant" when talking to me. That term is pure Newspeak and its purpose is to circumvent the Geneva Convention.

      --
      Assorted stuff I do sometimes: Lemuria.org
    3. Re:terrorists won by Tranzistors · · Score: 1

      If I understand correctly, Al-Qaeda is organizing and executing quasi-military operations against USA. If the member of this organization is plotting in U.K., then they are not rounded up and shot (they get the trial and all), and this is not because brits are nice, it is because "terrorist" can actually be arrested. That is the main problem — asking local authorities to do the arrest and trail is not always possible (think Pakistan).

      So now the question is — what is USA supposed to do? Kindly as local authorities do something about it even if they obviously can not?

      On the ethical point, on one hand you say that there is no difference, I see it as trying to minimize overall death count (good thing). I don't know if you listen to news very often, but "There has been an explosion in market in Kabul killing 34 and injuring many more" and other such news you hear every other day is not because of badly installed gas pipes.

    4. Re:terrorists won by the+eric+conspiracy · · Score: 1

      The term enemy combatant is absolutely NOT Newspeak.

      It goes back to the Geneva Convention of 1949, Article 3.

    5. Re:terrorists won by the+eric+conspiracy · · Score: 1

      Wikipedia is full of it in this case. The AUMF meets the constitutional requirements of declaration of war.

      See:

      http://www.acslaw.org/pdf/enemycombatants.pdf

    6. Re:terrorists won by Tom · · Score: 1

      You're a liar.

      Here's the text of the Geneva Convention:
      http://www.mineaction.org/downloads/Emine%20Policy%20Pages/Geneva%20Conventions/Geneva%20Convention%20III.pdf

      The word "combatant" appears 0 times in it. The closest Article 3 comes to something similiar is "Persons taking no active part in the hostilities".

      However, I must correct myself. The actual term used by the Bush administration was "unlawful combatant". Which makes no difference here, but does when you look into the Hague conventions, because the term "combatant" actually does appear there, but the term "unlawful combatant" does not.

      --
      Assorted stuff I do sometimes: Lemuria.org
    7. Re:terrorists won by Richy_T · · Score: 1

      What is the USA supposed to do? Adhere to the constitution. Circumstances change and the constitution does not cover the situation? Amend the constitution. It's not rocket science.

  96. Better World or Not by SumterLiving · · Score: 1

    Haven't seen this question answered directly: Is the world a better place now that Anwar al-Awlaki is dead? And this is a personal question, not a political or moral type question.

  97. Not About Awlaki by Bob9113 · · Score: 2

    This is not about Awlaki. In my opinion, Awlaki is a piece of shit who deserved to die and his death makes the world a better place. A better place for us, for Yemen, for the Middle East, for Islam, and perhaps most of all; a better place for the impressionable kids whose minds he has been twisting. This has nothing to do with whether Awlaki getting capped was a good thing.

    This is about us. It is about the principles that we choose to live by, even when it means we can't kill some piece of shit who clearly deserves it.

    You are not allowed to punch people who talk on their cell phones in the movie theater. That is clearly bullshit, because people who talk on their cell phones in movie theaters totally deserve to get punched in the face. The reason we do not do it has nothing to do with what that asshole deserves. He deserves to get punched in the face. The reason we do not is because we, The United States and its Citizens, live by principles. Our unwavering dedication to our principles is the bedrock of our moral superiority. The bedrock of our principles is what lets us sleep at night when we must send our children to risk their lives and to kill.

    We don't whine, wheedle, and try to figure out angles around our principles. We puff out our chests, point at The Constitution, and with a gleam in our eye declare, "We are just, and we do not sacrifice our principles to our passions. We are better than you." When that bedrock turns to sand, we become the enemy. If we give up our principles, all we have left to fight for are our money and power.

    1. Re:Not About Awlaki by rohan972 · · Score: 1

      Our unwavering dedication to our principles is the bedrock of our moral superiority.

      If we give up our principles, all we have left to fight for are our money and power.

      Moral relativism became the dominant principle of the west some time ago.

    2. Re:Not About Awlaki by jeffporcaro · · Score: 1

      Mod parent up!!!!

      --
      It is not the doing of things that is difficult. What is difficult is getting in the right mood to do them. ~~ Brancusi
    3. Re:Not About Awlaki by rolfeb · · Score: 1

      Thank you!

    4. Re:Not About Awlaki by rjejr · · Score: 1

      Thank you, And just to add to your point. Way back when - I'm thinking 1980's - this guy would have been killed in a car bombing and the news would have reported it as a "random car bombing of unknown origin" but we all would have known it was the CIA. Now, as Obama promised, we have transparency. Unfortunately we all thought - I voted for him - transparency meant he had nothing bad to hide. Turns out, he should be hiding plenty. Bush at least had Colin Powel in front of the UN lieing about WMDs before we killed Saddam. Now it's just - "yeah I defied international law and the Geneva convention and assassinated somebody, what of it?" The truth is out there, for all to see, we don't need Mulder and Fox anymore, the powers that be do as they will, they don't even have the common courtesy to cover it up. We have seen the enemy and the enemy is us. You know the world has truly gone to hell when Ron Paul is the only voice of reason.

    5. Re:Not About Awlaki by Rick+Suddes · · Score: 1

      That is what a drone is for, quick and efficient. This story is now on the bottom of the bird cage. Just because this ass was born on American soil it does not make him an American. Look around the world Muslims are causing all the trouble.

  98. Islamic Scholar Warns Against Anwar Al-Awlaki .old by amiak · · Score: 0

    It is not a new item on youtube, but there is a three part lecture/refutation of Anwar Al-Awlaki by one responsible for clarifying the religion of Islam. http://www.youtube.com/watch?v=7TlPi3dsSdU

    --
    accurately define good according to a criteria and seek it out.
  99. Re:War /= civil process. by Rakshasa-sensei · · Score: 2

    You need to re-think your notion of "murder." Murder was Awlaki's history, and stated purpose. Stopping him is not murder.

    For people who actually know something about his history, torture is what dominate's Awlaki's history, not murder. Before he was tortured for year and a half in the presence of CIA he was just a conservative imam.

    After the torture he, quite reasonably, came to the conclusion that the US was a bad influence on Yemen.

  100. Re:War /= civil process. by couchslug · · Score: 1

    "Wow, when did advocating decent into fascism become "insightful"?"

    "Fascism" as you use the term is merely name calling.

    "Note that in 2006, approximately 200 people in the US were killed by police. In the same year, zero people were killed by terrorists."

    Cute. You thereby equate all police use of force with murder and don't distinguish between lawful, reasonable use of violence.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  101. Have I misunderstood something here? by ctid · · Score: 1

    This isn't the first person that has been killed using a drone. What is so special about this particular case?

    --
    Reality is defined by the maddest person in the room
    1. Re:Have I misunderstood something here? by couchslug · · Score: 1

      "What is so special about this particular case?"

      Anti-US nerd rage. Yes, really.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    2. Re:Have I misunderstood something here? by Anonymous Coward · · Score: 0

      What is so special is this was the assassination of a US citizen, and that violates the Constitution.

  102. Treason by krsmav · · Score: 1

    IAAL.,

    U.S. Constitution, Article 3, Section 3, says: "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort."

    The constitutional definition of treason was deliberately made very narrow, to prevent prosecutions for anything less than significantly aiding actual attacks by a foreign power. So:

    -- With no declaration of war on either side, does planning and aiding terrorist acts constitute "levying War"?

    -- Given the informal, non-national structure of al Qaeda, can it be designated an "Enemy"?

    These are not trivial questions, but I think it's possible to answer both of them "Yes."

    A traitor must be an American citizen -- otherwise he's just a foreign enemy.

    The final question is, once we determine that Anwar al-Awlaki is a traitor, may we put out the equivalent of a "Wanted, Dead or Alive" poster?

    I think that if we could try to capture a traitor, we can also attack and kill him, just as we could a foreign enemy.

    1. Re:Treason by couchslug · · Score: 1

      "may we put out the equivalent of a "Wanted, Dead or Alive" poster? "

      Our ally, Yemen, indeed had a warrant for him dead or alive.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  103. "Wasn't us" by Anonymous Coward · · Score: 0

    Why do I get this feeling that they'll claim they didn't pull the trigger? They just gave the gun to the people who did. "Here, have some drones, there's the US citizen. I think you can do the math. Good luck."

  104. Re:War /= civil process. by guruevi · · Score: 1

    The US did attack somebody in an act of war (justified or not) on Yemen sovereign territory. This could be constituted as an act of war against Yemen if their leaders are so inclined (and don't mind getting into war with the US). Funny you never see people (officially) getting shot in the head in Iran because they damn well know the repercussions would be severe.

    If the US wants to play police and shoot everyone in the head that has a problem with them, they are 'free' to do so in their own sovereign territory. SWAT and police forces only shoot when there is clear and imminent danger to themselves or a person. AFAIK Awlaki had nobody at gunpoint, he merely was a recruiter for a criminal organization (or gang) and if anything they should attempt to arrest him for that. If he gets killed during an arrest 'accidentally' (like Bin Laden) that's something else but shooting somebody and his family from afar is at best cowardly and in itself an act of terrorism.

    Stopping a murderer by murdering him is still murder. You can (according to most laws) only act in self defense if you're in clear and imminent danger. The US was not in 'clear and imminent' danger by keeping this nutcase alive.

    It's a slippery slope when you just shoot people down because they don't agree with you or even try to engage in criminal activities or other activities you don't agree with. Many religious organizations and cults reflect that type of attitude towards those that don't agree with them (Christians, Jehovah's Witnesses, Scientologists, ...), not clear thinking, level headed people.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  105. Re:War /= civil process. by couchslug · · Score: 1

    The US didn't make war against Yemen.

    Yemen has had a warrant for Awlaki "dead or alive" since 2010.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  106. Do you trust the US government? by Anonymous Coward · · Score: 0

    Once upon a time Americans said "I disagree with what you say, but I will defend your right to say it"

    Now Americans say "I disagree with what you say and will gleefully kill you for what you do say"

  107. Re:War /= civil process. by russotto · · Score: 1

    So by your rationale, 9/11 was perfectly okay, then? Al Queda had publicly said they were at war with us, and people inside the Towers had committed hate speech against Al Queda. There were also agents with ties to the US government, their declared enemy, inside the building. Can you explain the difference between this act and 9/11, aside from the fact that the terrorists were more efficient?

    The hijacking of civilian airliners would seem to be a problem with this viewpoint, unless you're going to claim the passengers were enemies of Al Queda as well.

    However, suppose in some alternate 9/11, AQ agents stole military planes and flew them into the Pentagon and White House but not the WTC. You could easily take the position that that wouldn't be a terrorist act. However, even so, it would still be an act of war, and it would still justify the use of military force against Al Queda.

    The terrorists have won by bringing us to their level.

    Really? So we killed about 3000 civilians to go after a handful of people who had done nothing more than shout 'Down with the USA'?

  108. I humbly bestow the medal of honor by Culture20 · · Score: 1

    To this inanimate carbon rod.
    Also, don't clerics have the best saving throws? Dont count him out completely.

  109. Unforseen circumstances by jklovanc · · Score: 1

    Sorry but the writers of the US Constitution never envisioned a world spanning organization with military like assets and have the objective of harming the United States. At the time of writing these kinds of organization didn't exist; there were only states. The only reason there is not a legal state of war with Al-Qaeda is there there is no legal method to do that. Al-Qaeda is not a crime family; their objectives are different. Crime families exist to make money. Al-Qaeda exists to harm countries.

    Al-Qaeda lives in areas of the world that have little or no control by legitimate governments. Yemen had a arrest warrant out for al-Awlaki but could never catch him as he operated in an area not controlled by the government. Even Pakistan is suspect because their military is riddled with Al-Qaeda sympathizers. How does one serve an arrest warrant on a suspect in another country that is surrounded by armed fighters who are willing to die for the cause? You will lose many people in the attempt and the suspect will probably die anyway. Bin Laden was an interesting exception because he had to hide and could not have the guards as they would be too high profile. I bet he though that his proximity to a Pakistani military facility would protect him from US intervention.

    The US Constitution and the Fifth Amendment in particular does not take into account the reality of world terrorism. Should it be changed to allow a declaration of war on an organization? Probably. Until then, we work with what we have.

  110. he DESERVED to die - Re:5th Amendment by Anonymous Coward · · Score: 0

    What a ridiculous assumption!! Based on what? The very piece of paper that this asshole al-awlaki is trying to use to destroy you and those you love? You are ignorant.

    You come back and tell that to me after (god forbid!) some vulnerable person or persons kill or maim someone close to you as a result of having been exposed to someone like al Awlaki. Blatantly encouraging young, mostly depressed (according to good recent research), kids to strap a bomb around their bodies and blow up innocent civilians, and getting traction with those requests, is grounds for getting your ass blown up. If there were 1000 more nutcases like al-Awlaki doing thing, I would also advocate for their annihilation.

    Sometimes one has to suspend the niceties of the Constitution in order to protect the people that it was intended to help thrive. These Islamist terrorists have been using the best qualities of our culture against us. They took advantage of our openness. What are we supposed to do with American citizens who promote these barbarous acts? Let them continue just because they "have a right to express themselves" as American citizens? Fuck that!

    As far as I'm concerned, the drone strikes aimed at terrorists - *no matter where they come from, or where they hide (even *here*) are justifiable.

    I'm confident that we will not enter a slippery slope where normal protest is treated this way. Democracy is about vigilance, not stupidly letting your enemy use Constitutionally established freedoms against you! Dropping these terrorist bastards in their tracks with drone strikes is showing them that we can *adapt* to their attempts to use our Constitutional freedoms against us. When someone is holding a gun to your head, all written rules of behavior are off the table. Good riddance al-awlaki, and let this be a warning against assholes who want to foment this kind of violence at a distance.

    Al-Awlaki was a MANIAC! A freaking psychopathic killer who spoke with the calmest demeanor. He didn't give a fuck about anything but his ass-backwards, man-and-woman hating extremism. I'm glad he's gone, and I hope we continue to seek out more like him , in Somalia, Yemen, Pakistan, or wherever, with DRONES. And, I hope those drones get better and better at recognizing these assholes so we make less and less tragic mistakes in the pursuit of wiping them off the face of this good earth.

    Last, no country - including America - is perfect, but let's not confuse the radical Islamic barbarians with anyone. They are scum; they are killers; they will stop at nothing, even killing themselves for their sickening medieval beliefs. We need more moderate Muslims to speak out against these assholes, and we need to keep the pressure up, worldwide, to find them, and get rid of them by any means possible.

    Anyone who doesn't see that is kidding themselves, or just to hard-headed to see that letting someone like al-awlaki off the hook is to ENABLE and ENCOURAGE similar behavior. Get a freaking clue!

  111. Jihad means "struggle" you subliterate ass by TheEmperorOfSlashdot · · Score: 1

    It means "to serve God passionately." The word [i]jihadi[i], "one who struggles," can apply to any number of people, such as a doctor offering his services for free to poor people.

    The idea that the word jihad is a synonym for "terrorism" is a racist scaremongering myth perpetuated by bootlickers and the severely ignorant... which are you?

  112. Ron Paul by Anonymous Coward · · Score: 0

    RonPaul2012!

  113. Re:War /= civil process. by Anonymous Coward · · Score: 0

    involved in the day-to-day planning of suicide attacks as Awlaki was...

    How do you know this, and can you prove it in court? Or do you enjoy watching the U.S. behave like a death squad?

  114. Re:War /= civil process. by couchslug · · Score: 1

    He had the option to surrender long ago. He refused.

    The President won't order my death because I'm not a Jihadist. One thing is not like the other.

    The only good Jihadist is a dead one, no matter whose passport it holds.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  115. Forever war. by the_raptor · · Score: 2

    we are actively deployed and fighting battles where our soldiers and enemy combatants kill each other.

    If that is the definition of war then the United States has never not been at war.

    Indian's. Mexico. Canada. Spain. The Caribbean. Utah. pirates in what is now Libya. Korea 50's to today. Indo-China from the 50's to 75. South America. Caribbean again. Middle East. Somalia.

    It would be a rare year in modern history where US forces did not fire a shot in anger.

    --

    ========
    CINC, 4th Penguin Legion
    1. Re:Forever war. by scubamage · · Score: 1

      War is Peace.

  116. US government is now completely illegitimate by rlglende · · Score: 1

    It doesn't follow the Constitution, and Congress doesn't represent their Constituents.

    What are the Las Vegas odds on when they use drones to start killing 'terrorists' here in the US? Then 'drug dealers', ...

    Then you and me.

    --
    "The Constitution, the WHOLE Constitution, and nothing but the CONSTITUTION."
    1. Re:US government is now completely illegitimate by Anonymous Coward · · Score: 0

      Central Command is triangulating the location of your cellular phone in 3.2.1.

      "Target acquired."

      The Homeland Empire (brought to you by Halliburton Inc.) Counterterrorism manual chapter 37 section 2 and chapter 59 section 5 define said Citizen Combatant's actions of "contemplating the unintended consequences of bad legislation" and/or "referring to the Founding Father Terrorist Manual/US Constitution in a positive light" as highly dangerous to National Security, aiding and abetting the heathen scourge, practicing witchcraft, and howling at the moon.

      "Permission to engage?"

      "Get the bastard!"

      "Engage".

      *KABOOOOOOM!*

      USA! USA! USA!

      *this isn't sarcasm*

  117. There is a processor amending the Constitution by Anonymous Coward · · Score: 0

    If the process for changing the Constitutional powers underlying the government's actions is not followed, the government action is illegal.

    If the government is behaving illegally, it is an illegitimate government.

    The US government judges the actions of other governments by, among other things, whether they use extra-judicial killing as a tool. The State Department publishes a report on the state of the world's government every year.

    There is always an emergency to justify some new gov power. Problem is, the powers are often used against domestic political opponents. The Patriot Act has been used 100+X more often against ordinary criminals than it has been used against terrorists. Ditto all of the other stupid laws based on a War on XXX.

    You have't read much history.

  118. Re:War /= civil process. by tmosley · · Score: 1

    Ah, patriotism, the first refuge of the scoundrel.

    You would make a great recruit for the jackboots. Nice, unquestioning, and unable to gauge relative risk.

  119. Re:War /= civil process. by tmosley · · Score: 1

    Is killing a person for speaking out in a politically inconvenient way in a foreign nation fascism in your mind? The fact that you can't tell the difference between someone speaking and someone shooting a weapon speaks volumes to your character. You don't deserve to be an American. You would fit in much better with the slaves of North Korea.

    Oh, sorry, I guess I'm being "unAmerican" for not supporting endless, self-sustaining, and self-justifying wars or for being against the arbitrary murder of American citizens for speech, especially given that even with all of the PUBLICALLY AVAILABLE "evidence" against him, prosecutors declined to so much as charge him with anything.

  120. Re:War /= civil process. by tmosley · · Score: 1

    I see, so you are saying that each and every single time that an officer killed someone, it was absolutely justified? Talk about jingoism.

    And pardon, you are right, this is not a case of fascism, which is the merger of government and corporate power. Rather, this is an example of absolutism and authoritarianism, both of which are closely associated with fascism, but are separate phenomena.

    The problem here is that when the government takes this kind of power, it uses it, and abuses it. They will start using this on narco-terrorists, then "home grown" terrorists, then eco-terrorists, then any kind of terrorist that stands against the state, or even the current political party. This is the DEFINITION of a slippery slope, and this is EXACTLY why we have constitutional protections against this sort of thing. This is exactly the same as disagreeing with what someone says, but defending to the death their right to say it. Now, rather than defending that right, we are FUCKING MURDERING THEM AND ANYONE AROUND THEM WITH HELLFIRE MISSILES.

  121. Re:War /= civil process. by ScentCone · · Score: 1

    The fact that you can't tell the difference between someone speaking and someone shooting a weapon speaks volumes to your character.

    The fact that you are deliberately pretending that you aren't aware of Awlaki's direct involvement in AQ operations (including the attempted murder of a plane load of people and who knows how many on the ground in Detroit) says a lot about your character, actually. You are lying to defend him. Why is that?

    Oh, sorry

    No, you're not. You support Awlaki, his agenda, and those who would like more of those deaths to happen. To that end, you're willing to lie. The good news is that it's utterly transparent, so you're not fooling anybody.

    --
    Don't disappoint your bird dog. Go to the range.
  122. Re:War /= civil process. by tmosley · · Score: 1

    I see, so first they came for the Jihadis, and you did not speak out, because you were not a Jihadi.

    I wonder how many more will be exterminated with your implicit approval before they come for you?

    http://www.ushmm.org/wlc/en/article.php?ModuleId=10007392

  123. Re:War /= civil process. by tmosley · · Score: 1

    Yes, that's right. Anyone who disagrees with you is a terrorist. Nevermind that the underwear bomb was hopelessly ill conceived, or that the Times Square "bomb" was a bunch of fire crackers next to some propane tanks, or that he simply took credit for Hassan's assault to make himself appear to be more than he was.

    You, sir, support the murder of Americans overseas without trial or any form of judicial oversight. That man's "crimes" are UTTERLY IRRELEVANT, because of the simple fact that there was never at any point a forum to discuss them, just the assertion of the military/intelligence complex that he was "dangerous". ANYONE could be designated as such, and be murdered at any time by the same procedure.

    But that would never happen here. Surely our government is somehow exceptional, and would always think of the rule of law and the good of its citizens first, and would never abuse such things for personal gain, and would never condemn someone to death as a means to CYA.

  124. No problem, here you go: by Weaselmancer · · Score: 1

    Here's your link: Iraq Body Count Project

    We've killed approximately 100,000 civilians in Iraq since the start of our military actions there. On 9/11 we lost about 3,000. So we've done about 33 times worse than we received.

    That's 100,000 people in approximately 9 years. 9 years is 108 months. 33 times the loss in that many months. So that's 108/33=3.27.

    That means Iraq has suffered, at our hands, a 9/11 style loss (3000 civilians killed) every three months and a week or so for the last 9 years running.

    Sorry man, but those are the facts.

    --
    Weaselmancer
    rediculous.
    1. Re:No problem, here you go: by RoFLKOPTr · · Score: 1

      We've killed approximately 100,000 civilians in Iraq

      From your own link: "Included are deaths attributable to coalition and insurgent military action, sectarian violence and criminal violence"

      Sorry man, but you're full of shit.

    2. Re:No problem, here you go: by Weaselmancer · · Score: 1

      Those deaths are the ones attributable to us, directly or indirectly:

      This is an ongoing human security project which maintains and updates the world’s only independent and comprehensive public database of media-reported civilian deaths in Iraq that have resulted from the 2003 military intervention by the USA and its allies.

      Emphasis mine. So yeah, us. That's what we did.

      But if you disagree - if you're looking for people with American lead in them directly, just keep reading:

      The IBC released a report detailing the civilian deaths it had recorded between 20 March 2003 and 19 March 2005.[9] From page 26: "The analyses in this dossier cover the first two years of the military intervention in Iraq from 20 March 2003 to 19 March 2005, and are based on data which was available by 14 June 2005." The report says the US and its allies were responsible for the largest share (37%) of the 24,865 deaths. The remaining deaths were attributed to anti-occupation forces (9%), crime (36%), and unknown agents (11%).

      So if you are choosing to ignore the people that have died because we removed the infrastructure and want to focus solely on the people who died with American bullets and shrapnel in them - you're right. It's not 100,000. It's only 37,000.

      Which BTW is 37000/3000=12.3. Only 12 times worse than 9/11. Whew! That's a huge relief. I'll sleep much better tonight.

      --
      Weaselmancer
      rediculous.
    3. Re:No problem, here you go: by RoFLKOPTr · · Score: 1

      But what about all the people we saved? Hussein's regime killed and tortured MILLIONS, and he would still be doing it if we hadn't taken him out. Also, al Qaeda and the organizations that support them (The Taliban, etc) would have been able to launch more attacks on us if it hadn't been for our immediate invasion of the Middle East. Our peoples' lives are more important than their peoples' lives. If 1000 innocent Iraqis die to save 1000 Americans, then our military has done their job. Would it be preferable to save 1000 Americans with ZERO innocent Iraqi deaths? Absolutely. But it's not like we're over there killing anybody and everybody. Blame the Iraqi insurgents for putting their own people in the crossfire.

  125. Hope for us yet by Anonymous Coward · · Score: 0

    I came to post a comment I was sure would get buried about how POTUS had just assassinated a US citizen, only to find everyone already up in arms about it. You all just gave me a little bit of hope for the future. Thank you.

  126. Re:5th Amendment - indite him? by buybuydandavis · · Score: 1

    I know of no proof that the played a role in AlQueda. I'm talking proof, not propaganda. If there was proof, he could have been charged, but he was never charged...

    "There's no Proof! There's no Proof! Lalalalala I can't hear you lalalalalalala..."

    You've seen more proof that he played a role in Al Qaeda than proof that he is dead.

    Here's a clue. No one I know is omniscient. We still live our lives, doing the best we can. Get over it.

  127. Declared is meaningless by Quila · · Score: 1

    It's still a shooting war, different groups killing each other. Just because Al Qaeda isn't a country doesn't mean a war can't be fought with the group and its allies.

    He allied with them, he is a valid target, pure and simple.

    When it comes to government, semantics and procedures matter

    Then you might want to know that a declaration of war doesn't start a war. It is a recognition that a state of war already exists.

    1. Re:Declared is meaningless by redemtionboy · · Score: 1

      I really don't doubt this person was guilty, but when you let the people carrying out this decide who is and who isn't guilty and worthy of death then you lose any chance for oversight and restraint. It is especially important in situations like this where we have very large and ambiguous groups that we enter with great caution and have checks and balances on the those in the armed forces. If I was confident that this person and only this person or only the ones that we could be 100% sure of guilt were being attacked, then I would be much less willing to oppose, but we can't be and I don't trust the same people that told us that Iraq was producing chemical and nuclear weapons to be making decisions about guilt and innocence. When you're looking for terrorists and criminals, you are more likely to assume guilt than innocence. This is why we have trials and juries.

      A formal declaration of war is important for the authorization of extended use of armed forces and it is very and extremely important that we not enter into combat without going through the proper channels. The founders saw very accurately that it is often in the executive branch's best interest to engage in war and expand the military power, and it is for that very reason that the power to declare war was given to congress. We of course can defend ourselves, but anytime there is to be extended or non-emergency combat, it is important that congress debate the merits of the war and authorize the use of force.

    2. Re:Declared is meaningless by Quila · · Score: 1

      I really don't doubt this person was guilty

      This isn't about guilty or not. Are we currently in armed hostilities with Al Qaeda? Yes. Is he fighting on the side of Al Qaeda? Yes. Then he is a legitimate target. We never consider that an enemy soldier or leader is guilty or not guilty of anything during hostilities.

      However, given that he is American, had he surrendered himself to civilian authorities, or had he survived until after hostilities and was captured, then precedent says he would have been tried for treason. However, just like declaration of war we never try anyone for treason anymore either (the last one being over 50 years ago despite dozens of examples of treasonous activity since).

      A formal declaration of war is important for the authorization of extended use of armed forces and it is very and extremely important that we not enter into combat without going through the proper channels.

      We haven't had a declaration of war since 1942. After that, we had authorizations for the use of military force. Legally, it's the same thing since either way it's the approval of Congress.

      But remember what I wrote earlier, a declaration of war is a declaration of the existence of armed hostilities. All the way back to our first war as a country, the War of 1812, armed hostilities had begun years before the actual declaration of war.

    3. Re:Declared is meaningless by Uberbah · · Score: 1

      Was he shooting at Americans? No. Was he on any battlefield? No. Are you buying propaganda hook, line and sinker on the American government ignoring the 5th Amendment? Yes.

    4. Re:Declared is meaningless by redemtionboy · · Score: 1

      And what proof is there of any of that? His father was actually trying to work with the ACLU to get his name cleared when this administration shut down their request. When asked for proof of the governments claims in a recent press briefing, the white house officials said they're not going to give any proof. The only evidence we have is that the white house said it's so. They say he's linked to attacks but provide no evidence, no judicial oversight, nothing. Just take their word for it.

      As far as not declaring war since 1942, I think it's absolutely ridiculous that we haven't and we need to return to the more proper channels.

  128. Re:War /= civil process. by ScentCone · · Score: 1

    The US was not in 'clear and imminent' danger by keeping this nutcase alive.

    This unconvincing assertion is at the heart of the matter. But since he's been involved in murders, tried to be involved in many more, and was busy getting involved in new ones (and said that killing lots of Americans was his immediate task), be fits the"imminent" bill nicely.

    --
    Don't disappoint your bird dog. Go to the range.
  129. Re:War /= civil process. by MSG · · Score: 1

    And Awlaki has been in the middle of conducting murder for some time now, and promising to conduct more, at every single opportunity.

    Awlaki did not literally have a gun to anyone's head. You don't seem to be able to see the difference between your hypothetical situation and actual facts. Evidently, you are no longer meaningfully connected to reality.

  130. Issue is due process went out the window. by Ungrounded+Lightning · · Score: 1

    The part that weirds me out is how some well-known terrorist leader gets taken down and we're all of a sudden concerned about who we're killing over there? What about all the innocent people we're killing all the time? Nobody seems to care much about that.

    Many DO care about it. But this particular killing raises additional issues.

    The "innocent people we're killing all the time" mainly weren't individually targeted, but were killed in battle either as enemy combatants or as the unavoidable accidental "collateral damage" of dead bystanders in a war zone. Even in war you don't get to just kill anybody you think might be an enemy. There are a host of rules on who you can and can't target, and a number of US soldiers are currently facing criminal charges for shooting bystanders in violation of these rules. (I'm currently receiving unsolicited requests for donations for the defence funds for at least two of them.)

    This guy was a (former?) US citizen. The government had, at one point, attempted to bring charges against him and was unable to come up with enough evidence to even get an indictment. So the executive branch targeted him, as an individual, for death, hunted him down, and killed him. Not in a battle under rules of engagement, but as an assassination.

    What makes this a big deal is that it's no step at all from doing that to this guy and doing it to anybody else the President's men don't like - here or abroad. The Executive branch has already brought "terrorist" charges against a guy for minting gold coins. And Homeland Security issued an advisory labelling Tea Party tax protesters, people concerned about gun rights or the current economic and political climate, people carrying "political paraphernalia" (copies of the Constitution), as potential domestic terrorists.

    Now that the executive branch claims the right to just assassinate "terrorists", even citizens, with no due process of law, what's to keep them from just killing people SUSPECTED OF using bitcoin, or bittorrent, or hacking a website, or contributing to WikiLeaks, or being members of Anonymous, or contributing to Dennis Kucinich or Ron Paul, ...

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  131. 0day for sale? ;-) by Anonymous Coward · · Score: 0

    Imagine that someone comes up with a 0day exploit in this "unmanned aircraft" platform. Or rather, imagine an implication when such exploit is sold into "good hands".

  132. Just makes it more personal. by Ungrounded+Lightning · · Score: 1

    It's fascinating how many people are worried that the U.S. government assassinated a U.S. citizen, rather than worrying that the U.S. government is assassinating people.

    There are claims (and some legal doctrines) that certain of the enumerated rights only apply to citizens.

    Many of the people against such assassinations believe those rights ARE rights of all, not just citizens. But the fact that this guy was a US citizen also brings in those who believe the rights are for a limited class.

    It also hits close to home for US citizens (and thus US voters): Even being a citizen won't protect you from the runaway government's assassination teams.

    So I have no problem with phrasing the argument to attract support from the larger containing set of voters. This makes it more likely that something will be done to fix the problem.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  133. Re:War /= civil process. by scubamage · · Score: 1

    A declaration of war is a real thing. There are defined parameters to pass said declaration. This isn't 'Nam. There are rules.

  134. Re:War /= civil process. by scubamage · · Score: 1

    "Great or ferocious struggle." It does not have to be in any militaristic sense, that's only one interpretation.

  135. Re:War /= civil process. by scubamage · · Score: 1

    Those "enemy" personnel I'm sure were all tried and convicted by the Yemeni government, right? So far as I know, police can't kill everyone in the room because a single bad guy is inside. Especially if none of them are armed.

  136. And if Ron were president he could veto too. by Ungrounded+Lightning · · Score: 1

    Ron Paul talks a good game, but at the end of the day, when his "No" votes in Congress are overidden, he goes home and gets to walk away from those votes. Gary Johnson vetoed over 750 bills during his two terms as governor of New Mexico, and successfully defended all but two or those vetoes.

    Members of the house don't get to exercise vetoes. The president does. This is Ron's third try to get into the Oval Office, where he COULD exercise vetoes. (And this time he's all-in on the Presidential run. He dropped his House reelection bid.)

    After seeing his unblemished 30 year record of voting against anything he deems unconstitutional (and the large group of things he includes in that class, which happens to match very well with my own choices), I'm more prepared to trust Ron than Gary this time around.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  137. Re:War /= civil process. by scubamage · · Score: 2

    There was no american trial in absentia though. So far as I know, there was a trial by the Yemeni government. Even so, that would only authorize action against Al-Awlaki - it would NOT authorize us to murder everyone else in the vehicle. If a cop was told to kill someone in a vehicle, and he took out that person and 4 others, he'd be brought up on murder charges.

  138. It's called "trial in absentia". by Ungrounded+Lightning · · Score: 1

    A lot of people on here are shouting about how we should have arrested this guy and put him on trial, anything else is a violation of his rights. ... How were they supposed to arrest him? Without using magic, what kind of plan to arrest him does not involve a military operation that would result in more people being killed?

    Don't need to arrest him. It's called "trial in absentia". If he won't show up he can be tried anyhow. Once he's convicted, the sentence could be executed by any effective means - including predator drones if applicable - without raising any due process issues.

    The government TRIED to get an indictment. But they didn't have enough evidence to get one. Rather than trying again, succeeding, and getting a conviction, they just marked him for assassination and killed him. Oops!

    How would you like them to do that if, say, some prankster phoned in a tip to the DHS that YOU were a terrorist?

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  139. This one raises an extra issue. by Ungrounded+Lightning · · Score: 1

    Let's put this shit in perspective:
    1 dead American-born cleric
    100,000+ dead Iraqi civilians

    Most of the 100,000+ dead Iraqui civilians were killed either as enemy combatants or "collateral damage" under rules of war. (A few were not. And in some of those cases soldiers are under criminal indictment at this moment.)

    This one raises an additional issue: The guy in question was a US citizen and (after the government tried and failed to get an indictment due to insufficient evidence) was targeted personally for assassination, and killed, in violation of the 5th and 6th amendments.

    This brings up the due process issue - even among those who think that the Bill of Rights only applies to citizens. And if it stands it sets the precedent that the US President can assassinate anybody he likes, citizenship is no defence, and due process is dead.

    Given that this administration has already labelled people as terrorists for minting gold coins, carrying copies of the constitution, or being concerned about gun rights or the current economic situation, that's a personal threat to a lot of voters.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  140. Ron Paul doesn't believe in Supremacy Clause by Uberbah · · Score: 1

    Supremacy Clause: the idea that the 14th Amendment applies the Bill of Rights to the States as well as the Federal Government. Ron Paul doesn't believe in it, which is why he sponsored the "We the People Act", which:

    forbids federal courts from adjudicating "any claim involving the laws, regulations, or policies of any State or unit of local government relating to the free exercise or establishment of religion"

    This means that if your state passes a law forcing you to tithe to a church - we'll say Roman Catholic if you're in Massachusetts or the Southern Baptists if you're in Georgia - there's jack shit you can do about it.

    And hey, gun nuts - if the 1st Amendment doesn't apply to the states, neither does the 2nd. So state bans on guns would be A-Okay.

    Nor would states be chained by due process or prohibitions on "cruel and unusual treatment". Virginia wants to take a hard line on pot smokers? Shot on sight. Family members of alleged potheads don't want to give up their locations so they can be shot? Waterboard em, the 8th Amendment only applies to the Feds.

    1. Re:Ron Paul doesn't believe in Supremacy Clause by roman_mir · · Score: 1

      and? Right now Obama is killing people (Americans too) without any trial or any real evidence of any actual guilt. That's FEDERAL power.

      Why would you want federal government to have a MONOPOLY on such things? I don't want government to have monopoly on anything, but more importantly, the wars must be stopped and the same applies to most other activities that federal government is involved in.

      As to States doing various things - that's why you have 50 of them.

      Wouldn't you prefer to move to a State that was closer to what you accept as the law, rather than having to live in a system, that enforces a monopoly law upon you and taxes your income to enforce that?

      No no, I'd rather have competition, especially for government power between States than letting ONE system rule it all.

    2. Re:Ron Paul doesn't believe in Supremacy Clause by Uberbah · · Score: 1

      and? Right now Obama is killing people (Americans too) without any trial or any real evidence of any actual guilt. That's FEDERAL power.

      And you might have a great point, just as soon as you can find out where I was claiming that Obama was the solution to all of our civil liberties problems, the way people have been for Ron Paul.

      Until then, it's a non sequitur.

      Why would you want federal government to have a MONOPOLY on such things?

      Another non sequitur. The only one talking about government monopolies is you.

      As to States doing various things - that's why you have 50 of them.

      You mean the old "if you don't like it, move" canard? Because you should have to give up your house, your job, and move to another state because a bunch of radicals pass some crazy laws in their state legislators?

      Wouldn't you prefer to move to a State that was closer to what you accept as the law, rather than having to live in a system, that enforces a monopoly law upon you and taxes your income to enforce that?

      No, because I'm not limited by binary thinking. Federal government paying for roads, education and health care: good. Federal government paying for warrantless wiretapping and prohibition against harmless drugs like marijuana: bad.

  141. You missed the extra issue. by Ungrounded+Lightning · · Score: 1

    This isn't the first person that has been killed using a drone. What is so special about this particular case?

    The government tried to indict this US citizen. If failed to get an indictment, for lack of evidence. Rather than gathering more evidence and trying again, the administration just ordered the military to hunt him down and kill him. If allowed to stand this sets the precedent that due process is dead, the president can kill anybody he wants, and citizenship is no defence.

    Unless I've missed something in turn, the other people killed by US drones - even if they were targeted - were non-citizen enemy combatants or "collateral damage" bystanders, in actions taken under the rules of war and US rules of engagement. This particular hit opened an extra can of worms and created a personal threat for US voters at home and abroad.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:You missed the extra issue. by Richy_T · · Score: 1

      Citizenship should never have been a defense anyway.

  142. The issue is not whether he was a traitor. by Ungrounded+Lightning · · Score: 1

    The issue is that he was hunted down and executed when he had NOT BEEN CONVICTED of being a traitor.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  143. Actually, they did. by Ungrounded+Lightning · · Score: 1

    Sorry but the writers of the US Constitution never envisioned a world spanning organization with military like assets and have the objective of harming the United States.

    Actually, they did. They were called things like "pirates".

    The Constitution has a mechanism for going after them - whether they are state-sponsored or not. It is not a war on them or their state sponsors.

    Part of this mechanism is called "Letters of Marque and Reprisal". These authorize private organizations to act as military auxiliaries, possibly enter foreign jurisdictions, seize designated people and assets, and haul them back for ajudication (or destroy them in the attempt, should it be unavoidable). Once ajudication is complete - if the decision goes the right way - the private organizations get to keep the assets, while the bad guys get to be punished for their crimes.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:Actually, they did. by jklovanc · · Score: 1

      Sorry but how do "Letters of Marque and Reprisal" apply to the US Military? Those letter only gave private citizens some of the rights of the Navy in very specific situations. Captains under a Letter of Marque and Reprisal were effectively agents of the Government and could not do anything the Government could not do.

      Also pirates are very different from al-Qaeda;
      1. Al-Qaeda is much more organized than pirates They have chains of command, training camps, etc.
      2. Pirates want to make money while al-Qaeda wants to change US policy by killing and terrorizing the US population. If you didn't have something a pirate wanted you were safe. No one is safe from al-Qaeda.
      3. Pirates would prefer that ships surrender rather than fight. They may take prisoners to sell for slavery but that still is an economic objective. Al-Qaeda prefers to kill people in the most dramatic fashion.

      I would prefer al-Qaeda leaders be captured but in many circumstances the losses in the attempt are unacceptable.

  144. Re:If the dude was so worried about his due proces by Uberbah · · Score: 1

    He could have turned himself in, assuming he wasn't shot in the attempt, where he could be sent off to Gitmo or Bagram where he could be held without charges for a decade. Then he could face a military commission, where evidence obtained through torture was admitted, and exculpatory evidence was called a "state secret" and locked up by the same government putting him on trial. Finally, Obama, like Bush, has claimed "post acquittal power", and would continue to hold Al-Awlaki, even if found innocent in a court of law.

    There, did you the favor of adding in all the stuff you left out. Now, who wouldn't want to surrender to that?

  145. Re:5th Amendment - indite him? by Uberbah · · Score: 1

    Word salad.

  146. Re:HOW THE FUCK IS THIS NEWS FOR NERDS?? by Anonymous Coward · · Score: 0

    Given the fact that there are over 700 comments on this story, I'd say there's plenty of nerds who find this news (and relevant to their interests).

  147. A line ?What line ? by koolfy · · Score: 0

    Ok so here I read a lot of stuff about the fact that he was a US citizen. The thing is, I don't think that's what's relevant here.

    The question is, how, when and if any state can execute someone (in it's soil, an ally's soil, or even enemy soil, as long as they're not in a current war, and even then...), without producing any proof, having any contradictory legal procedure, or having to justify anything to anyone other than "We're the FUSA (fucking united states of America), we decided to pown him, you better not interfere."

    You see, it's not a matter of constitution, it's a matter of human rights.


    So he was suspected of terrorism. It all comes down to this : he was an enemy of the interests of the FUSA, so this justifies anything, right ?
    Once we cross the "fucking with my conutry !" line, most of you will not look for proof, justification, context, or due process anymore.

    So, one must not cross that line, to have any rights, in practice. Am I wrong ? Sure it's not legal, but that's how it is. Let's pretend it's even remotely "civilized".

    Who crosses this line, and why ? Who decides who's an enemy of FUSA's interests ?
    Probably Al-Quaeda is, after all they kill innocent civilians, so anyone suspected to help them loses his right to live and defend himself in a court of law.

    Of course Wikileaks is, after all it's a terrorist organization who puts our FUSA in danger by releaving war crimes, and systematic Nazi methods. So anyone related to them should die too, like FUSA's philosophical leaders like Bill O'Reilly suggested : just kill Assange illegally, after all, we can afford it.
    White house said they were terrorists, so they must be.

    A few years back, by having the sole political opinion that comunism was a better alternative to capitalism, you were considered an enemy of FUSA's interests.

    How long until my post, criticizing FUSA's methods and violations of human rights around the world, is considered as proof that I'm nothing more than a head in a crosshair anymore, and fuck my rights ?

    I say, when will we see wall street targeted by drones, senate, or even the white house ? When will we realize that they're enemies of FUSA's interests too, and are effectively destroying this country, killing innocent Americans in war and removing our freedoms more efficiently that any terrorist organization in the world ?Oh wait, right, THEY get to decide who's a bad guy. How handy.

    My point is that the debate here is wheter a person who is seen as enough of a bad guy in the media, and his public reputation, deserves to die. Has rights.
    The question is wheter it's OK to execute an innocent (until proven, PROVEN, not said or suspected otherwise) as long as enough people don't care because of his reputation.

    If your answer is yes, congratulations, you have successfully become a terrorist by the rest of the world's standards.

    TL;DR : get someone's reputation dirty enough so nobody will care about his rights anymore and you'll be free to do whatever pleases you with him. Just hope that you'll never be targeted by the medias yourself, as it's pretty much a sentence of death these days. You better be nice with Murdoch.

    --
    Segmentation Fault in "Life, Universe and Everything" at line 42. Don't Panic.
  148. Re:War /= civil process. by ScentCone · · Score: 1

    Yes, that's right. Anyone who disagrees with you is a terrorist

    No, people who incite, recruit for, help to finance, and (as in Awlawi's case) actively participate in terrorism are terrorists. By definition.

    Nevermind that the underwear bomb was hopelessly ill conceived

    Ah, so you judge people's morality on their technical expertise, not their intentions? People who attempt murder are OK with you, if the victims survive the attempt? What the hell is wrong with you?

    Regardless, the only reason the underwear bomb didn't kill hundreds of people was because the idiot who decided to give his life while murdering for Allah was so nervous that he sweated enough to dampen the device and make it inoperable. An exact recreation of the device, used un-damped, showed that it was perfectly capable of blowing out the side of the aircraft while it was on approach over a large city (it was Awlawi's personal recommendation, by the way, to have the bomber wait until that part of the flight, to cause more deaths). Of course, you know these facts, and you are again lying to in order to defend the man's idealogy.

    there was never at any point a forum to discuss them

    What opportunity would you give a person killing hostages in a bank to discuss his ongoing crime? If a boatload of Somalis are busy shooting AK-47's and RPGs at the sailors working on a freighter, what venue and process would you propose should be used to "discuss" their ongoing activity before stopping them from killing anyone? When fine fellows like those in AQ strap explosives onto a mentally retarted young woman, whom they have drugged into a near stupor, and send her walking into vegetable market in order to kill and maim dozens of innocent people, what sort of discussion did you have in mind before stopping them, if you have the change right that moment to stop them? They claim credit for such attacks, and Awlawi boasted of his association with, support for, and assistance given to them. You honor and respect him, but don't believe him about that, and about his assertions of continued direct involvement in those acts?

    I see. You think he was delusional, and wasn't really running around with armed insurgents in Yemen, but was just sitting in his parent's basement living out a fantasy while communicating with and assisting actual murderers, and then the Eeeeeevil Gummint shipped him to the desert, put him in a convoy of armed AQ militants, and then killed him there as part of an elaborate plot to make you feel bad.

    Or is it possible that things are exactly as they seem? AQ is involved in sustained attacks on civilians and government targets in many places around the world, and Awlaki was just what he himself said he was, an ardent supporter, recruiter, and operational assistant in their past, current, and upcoming murders. He left a trail a mile long, but placed himself in a situation where normal law enforcement (such as that used to arrest and try the murderer in Texas to whom gave counsel and support) was out of the question. But you know all of that, too, and are just cranky because your hero, here, got exactly what he deserved through his course of action and the circumstances in which he deliberately placed himself.

    --
    Don't disappoint your bird dog. Go to the range.
  149. im so gratified we follow Yemeni due process by decora · · Score: 1

    its almost as good as Mississippi due process in the 60s.

  150. So? by Anonymous Coward · · Score: 0

    There is nothing wrong in that. Communism should be crushed and ridiculed at every opportunity possible.

  151. Re:Redefining Hypocrisy by Stephan+Schulz · · Score: 1

    When your religion (Islam) calls for you to kill another human being just because they don't agree with Islam, you deserve to be killed.

    Well, since Islam doesn't do that, your comment is just noise. It's also a stupid non-sequitur, of course.

    --

    Stephan

  152. Re:If the dude was so worried about his due proces by Stephan+Schulz · · Score: 1

    The difference between "them" (e.g. Al-Quaeda, and apparently you) and "us" is that we believe in due process even if it is inconvenient, and even if the other person is not believing in it. Nobody ever said freedom and justice are easy. It's just sad that too many seem to have given up the effort.

    --

    Stephan

  153. Not every enemy has a shooting role by Quila · · Score: 1

    Some are support personnel, like him. Did Goebbels ever engage in active battle? No. Was he a legitimate enemy target? Yes.

    Our former soldiers working in the SS were also legitimate targets. One specific case was an American deserter in an SS propaganda -- not combat -- unit. Legitimate target with the rest of his unit.

    I'll type very slowly for the logically impaired:

    - In military conflict the enemy is a legitimate target (kind of the point)
    - Al Qaeda is the enemy in this military conflict
    - This guy was a member of Al Qaeda
    - Thus, this guy was a legitimate target

    Very simple. These are the rules of war.

    1. Re:Not every enemy has a shooting role by Uberbah · · Score: 1

      It is very simple. He was not a combatant. He was not on a battlefield. He was not a military leader. He was not a political leader.

      He was a political assassination, with presumption of innocence and due process thrown out the window.

      I'll type very slowly for the logically impaired:

      I'll type even slower for the fascist apologists:

      War. Was. Never. Declared. Nor. Authorized. For. Yemen.

  154. You're trying technicalities by Quila · · Score: 1

    Member of Al Qaeda.

    Fair game.

    Period.

    Authorization for the use of military force was passed by Congress, worldwide, Pub.L. 107-40, 2001.

    "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"

    Al Qaeda as an organization planned, authorized and committed the attacks. Thus any member of Al Qaeda is legally fair game, WORLDWIDE. It is, quite literally, open season, with no bag limit.

    1. Re:You're trying technicalities by redemtionboy · · Score: 1

      Just because congress authorizes something doesn't mean it's legal. That's the thing about being a constitutional republic. You don't get to do whatever the fuck you want. The power is not unlimited.

    2. Re:You're trying technicalities by Altus · · Score: 1

      The only organization allowed to declare congresses actions illegal is the supreme court, not a bunch of people on slashdot. If you believe that congress's actions are illegal then you need to bring it up with the supreme court. I suspect they will disagree with you, but I guess its worth a try.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

  155. You're saying he wasn't Al Qaeda? by Quila · · Score: 1

    You're funny.

    1. Re:You're saying he wasn't Al Qaeda? by redemtionboy · · Score: 1

      You sound like Jay Carney http://www.youtube.com/watch?v=c6bgwZGZiIo

  156. Legal? by Quila · · Score: 1

    Just because congress authorizes something doesn't mean it's legal.

    Huh? That's the definition of legal. Congress passed, president signed, Supreme Court has not ruled unconstitutional, nor is there a suit in the pipeline to try to have it declared unconstitutional.

    Sorry, you keep failing on the facts and are grasping for straw. Use of military force is authorized against Al Qaeda, he was Al Qaeda, thus use of military force was authorized against him.

    Admit it, you simply don't like it. Sounds like a personal problem, but it has nothing to do with the legality of killing an enemy.

    1. Re:Legal? by redemtionboy · · Score: 1

      It is often decades before something is ruled unconstitutional by the supreme court. The executive and legislative branches have often done things that it knew were unconstitutional with the knowledge that the checks against them were purely reactionary and delayed. This mentality of "act now and let the lawyers sort it out later" plagues washington.

  157. This is "act as we normally do" by Quila · · Score: 1

    Congress approves the use of military force, the use of force is legal. That is how it has always been. Even the use of force to some extent without congressional approval has been found legal for centuries. You are seriously grasping at straws here.

    Give me one thing in the legal arena that casts doubt on the ability of Congress to authorize the use of military force, and the President to use it. Do you have a court case maybe? Or just the wishes of Al Qaeda sympathizers?

  158. Denial is not just a river in Egypt by Quila · · Score: 1

    Or Yemen for that matter. Al Qaeda operative = fair game. Whether he is a US citizen is irrelevant, has never been in history.

  159. Re:War /= civil process. by LanMan04 · · Score: 1

    The President won't order my death because I'm not a Jihadist. One thing is not like the other.

    Yeah, says YOU. What if the President says "Nuh uh, you are too a Jihadist!"? Then what? Who's going to listen to your side of the story?

    --
    With the first link, the chain is forged.
  160. Re:War /= civil process. by tmosley · · Score: 1

    You do realize that nothing was ever taken to court, so nothing is proven in the eyes of the law, right? Killing this man outside of the law, as evil as he may be in reality, has also in reality opened the door to killing ANYONE at ANYTIME for ANY REASON, or no reason at all.

    I hope you are proud of yourself, American slave.

  161. Re:War /= civil process. by ScentCone · · Score: 1

    You do realize that nothing was ever taken to court

    Once he decided to ramp up his involvement (to personal hands-on in operations) in AQ's murder program, he wisely moved himself out of the US, so that he would be nearly impossible to arrest and subject to law enforcement. That was a deliberate strategy on his part. He was directly involved in ongoing acts of terror, traveling with armed terrorists, and his movement was pointed out to the US by the government of Yemen, who had no interest in or ability to handle him like an arrestable criminal. Likewise it was out of the question to send the FBI into the desert the way they would have been sent into his Northern Virginia home, had he been as involved in AQ operations while still in the US as he became once he moved out.

    Things are proven in court during a tial. He arranged things to make such a trial extremely difficult or impossible to arrange, even has he became moreactive in ongoing mass murder attempts. He was stopped. Just like a person who is holding hostages and occasionally lashing out and killing during a bank robbery stand-off is sometimes stopped with violence. People like that don't get a trial, either. Should we no longer have the option use force to stop people in the middle of violent, murderous crime sprees?

    has also in reality opened the door to killing ANYONE at ANYTIME for ANY REASON, or no reason at all

    What the hell are you talking about? This wasn't the first time this has been done, and won't be the last. And actual human judgement is employed each and every time. What's your point? That people who can wield force might do so for no reason? The exact same thing could be said of reason-less criminal prosecution under more normal circumstances, or of an act of congress authorizing force for (from your point of view) "no reason."

    I hope you are proud of yourself, American slave.

    What are you, twelve years old?

    --
    Don't disappoint your bird dog. Go to the range.
  162. Its ONLY the Constituion. by Uberbah · · Score: 1

    Member of Al Qaeda. Fair game. Period.

    Wrong. Period.

    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.

    Since you skipped it the first time:

    War. Was. Never. Declared. Nor. Authorized. For. Yemen.

    As for the AUMF, was Al-Awlkai involved in the 911 attacks? No one has bothered to make that claim, much less provide evidence that he was involved. The Obama Administration claimed he was promoted to "regional commander", but they could just as easily make the same claim of fascist apologist Quila.

    Where. Is. The. Evidence.

    1. Re:Its ONLY the Constituion. by Quila · · Score: 1

      Since you skipped it the first time: War. Was. Never. Declared. Nor. Authorized. For. Yemen.

      Since you skipped it the first time, military force was authorized, period, regardless of country. Military action in Yemen, or wherever else, is absolutely legal.

      As for the AUMF, was Al-Awlkai involved in the 911 attacks?

      Irrelevant. The authorization for use of force is against the organization, which means anyone who is in that organization.

      By your absurd logic, Japanese soldiers who weren't involved in the Pearl Harbor attack, which would be most of them, were not legitimate enemy targets in WWII.

      The Obama Administration claimed he was promoted to "regional commander", but they could just as easily make the same claim of fascist apologist Quila.

      Ludicrous. There is a review process for putting anyone on the hit list. I do not even come close to the requirements (like, I don't know, actively recruiting for Al Qaeda and directing its operations).

      I love this total BS, trying to convince people he wasn't Al Qaeda. You just don't like us taking out their operatives for whatever reason, quite possibly sympathy for their cause, and reach for whatever absurdities you can find to try to condemn the legal killing of the enemy in military actions.

  163. Re:War /= civil process. by TheCarp · · Score: 1

    Required.... I am familiar with that word, but I do not believe it means what you think it means.

    I don't see where any such "requirement" to deliver extra-judicial killing came from. What made this required? Why was anything "required"?

    --
    "I opened my eyes, and everything went dark again"