Comment by Jim Campbell, Citizen Journalist, Oath Keeper and Patriot.
In another well written article at the Silent Soldier, Ms. Lorra uncovers the justification on why the CIA deemed it legal to kill “The American citizen,”Anwar al-Awlak.”
She also makes it clear why libertarians like Rand Paul could not be trusted to be president.
Paul’s beliefs in this area are more in line with the ACLU, the places that failed ambulance chasers go when they can’t find work or are very close to being disbarred.
Monday a federal court released the outline of the legal justification for the 2011 killing of Anwar al-Awlaki which was previously declared a secret government memo. Al-Awlaki, killed in a drone strike in Yemen, was a U.S. Citizen and had been accused of being an al-Qaeda operative.
It was David Barron from the First Circuit Court of Appeals who gave President Obama the legal justification, without a trial, to kill this American citizen.
Because of his suspected dealing and ties to al-Quada, al-Aulaki was targeted and killed by our administration. Barron and another lawyer, Marty Lederman, were the authors of the first two memos on how the administration could rationalize this act.
first white paper (Memo’s)
The Central Intelligence Agency’s first memo consisted of only seven pages and was deficient. “As that length suggests, the memo, which could have resulted in a human’s death at any moment, was woefully incomplete as a legal analysis,” stated The Atlantic.
The judicial logic in the memo was lacking to say the least. Both Barron and Lederman agreed and they became uncomfortable with the content of their first memo.
The next memo the Barron and Lederman drew up was much longer and went into much more description of how al-Aulaki was not only guilty but that he needed to die.
The 22-page memo entitled “Legality of a Lethal Operation by the Central Intelligence Agency against a U.S. Citizen” provides the reasoning behind fatal operations by the agency.
Because of a very lengthy lawsuit against the Justice Department, the document was released under the order of the U.S, Court of Appeals and the memo was given to Vice News. The Obama administration had fought for years to keep the memo secret from the public, not to mention several other aspects of the targeted-killing agenda.
“We do not believe that al-Aulaki’s U.S. citizenship imposes constitutional limitations that would preclude the contemplated lethal action,” by the CIA or United States military, the memo stated, and made it possible for a drone strike knowing it would cause powerful political and legal debate.
Ex Parte Quirin, the 1942 Supreme Court decision, states that “by universal agreement and practice, the law of war draws a distinction…between those who are lawful and unlawful combatants. [A]n enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property” is an illustration of a confrontational individual who is an “offender against the law of war subject to trial and punishment by a military tribunal.”
It was the New York Times and the American Civil Liberties Union who filed the Freedom of Information Act lawsuits to obtain the release of the document in July 2012.
“The release of this memo represents an overdue but nonetheless crucial step towards transparency,” stated Jameel Jaffer. Jaffer is the deputy legal director of the American Civil Liberties Union.
Jaffer stated, “The release of this memo will allow the public to better understand the scope and implications of the authority the government is claiming.”
Entire article below.