The creeping loss of our liberties

Over a week ago, the CIA, under orders by President Obama assassinated Anwar Awlaki, a leader of the group Al Qaeda in the Arabian Peninsula, in Yemen. While this would have been newsworthy on its own, the fact is that we have been killing other terrorists in northwestern Pakistan, for example, with the same drone attacks that killed Awlaki. However, what made Awlaki's assassination even bigger news was that he was a U.S. citizen who, for part of his life, was raised in this country.

As I mentioned in my last blog, I am currently teaching a freshman seminar at my campus, UC Santa Barbara, on Contemporary Political Issues in Historical Perspective. I raised the question to my students as to whether they felt that the killing of a U.S. citizen despite the fact that he was accused of being a terrorist was justified legally or whether Awlaki's rights as a U.S. citizen were violated and that he was denied due process of law.

The key issue here is Awlaki's citizenship. Under our Constitution, you are entitled to your day in court if you have been accused of a crime and it is up to the U.S. government, in this case, to prove that Awlaki was guilty of the charges. This obviously did not occur because of his assassination.

My students were of some mixed opinion and I did not offer my take on this until the very end of the discussion. Some felt that Awlaki forfeited his citizenship by becoming a terrorist. Others believed that he should not have been assassinated but should have been captured and brought to trial with his constitutional protections.

At the end, I agreed with the latter opinions. The fact is that the CIA had Awlaki under surveillance and was tracking him when the drone missile was launched, ironically not only killing Awlaki but another U.S. citizen who was his partner. It seems to me that he might have been captured by U.S. Special Forces and brought to trial. Of course, if he resisted with arms then more than likely he would have been killed anyway.

I agree with those critics of this incident who fear that the ordered assassination for the first time of a U.S. citizen opens up a Pandora's box that may only further erode our civil and constitutional liberties that now may include the ordered assassinations of U.S. citizens. As I noted to my students, since 9/11 and through such legislation such as the Patriot Act, we have already suffered the loss of some of our rights by the increased role of the federal government in surveying our personal lives.

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The ordering of the assassination of a U.S. citizen irrespective of how reprehensible his actions may be can only further threaten the loss of our liberties. The ordering of assassinations in general by the federal government irrespective of citizenship in my mind also raises both legal and moral concerns. Can assassinations under any circumstances be justified? Here, I would especially raise moral issues of whether our government should engage in such actions that deprive people of their God-given lives. I understand the complexity of national security but I wonder if we are any more secure by systematically ordering the killings of our enemies.

One wonders how many more become our enemies for every Awlaki we kill.

Nonsense. Assassination is

Nonsense. Assassination is preferable to a ground war, which is what it would take have arrested this person. An American actively engaged in treason gains no additional battlefield protections due to that citizenship. If our foes don't want retaliation, they should stop sending our own citizens on terrorist missions to our shores and military bases. Indeed, if they would simply stand down in Iraq and Afghanistan, we would leave ahead of schedule.

fine, but the question posed

fine, but the question posed here is, is such neutralization legal? Constitutional?
never mind moral

we are far too blood simple by now to let mere moral theology hinder us

Suppose I am suspected of some ill will for the simple fact of frequently visiting with joy and relief Mexico, from where I now write. For this suspicion alone, without any due process, may I myself now be hunted down like an escaped slave, a non-pod, and annihilated, lest other US Citizens also discover a path to our integral liberation?

Professor Garcia's point is important and must receive serious consideration, not your casuistry.

I believe there has been a

I believe there has been a warrant out for his arrest. Nothing at all was stopping him from hiring a lawyer and asking for his day in court. Usually when you go to a country that does not have an extradition treaty with us you may claim "sanctuary" but you can't deny the fact that you are thereby declining to have your day in court. I believe that "all men are created equal with the right to life, liberty and the pursuit of happiness". Nothing in that says only citizens either. It says "all..." Ah if only we could live by that.

President Obama is absolutely

President Obama is absolutely wrong on this. If apprehending the alleged criminal is too impractical, then in that extraordinary case s/he should be publicly tried in absentia with a lawyer present for the defense. Whatever the circumstances the evidence must be objectively examined and the honest conclusions must guide our actions. Without evidence, duly presented and examined, there is no crime. Due process of law and assumption of innocence until proof of guilt are two of the most fundamental founding principals of our republic. Our founders struggled for these rights and protections precisely because without these any other freedom is meaningless. That the supposed "Tea Party" isn't singularly focused on this is astounding.

The president has broken the law. The day after Bush and his cabal are tried for treason, murder, corruption, etc. Obama should be tried for this.

It isn't about parties or left/right. It is about the fundamental respect for honesty and truth that makes us Americans.

I am traveling and just got

I am traveling and just got two notices from the US Consulate (State Department) ... well, warnings, that due to these killings and a perhaps or perhaps not plot against a Saudi someone, my travel may be more hazardous that "usual".

Good grief.

What have we come to?

If assassination is preferable to ground war, then why did everyone get so upset at Pat Robertson for suggesting this instead of going to war in Iraq - based on a lie anyway?

Conversations like this make me want to crawl in a cave and never come out because there are no winners, only losers - and no one can sleep at night.

Can't we all find a way to get along non-violently?

lol.....The gentleman

lol.....The gentleman admitted he was a terrorist dedicated to causing damage and fear in the USA and openly recruited men to help him in his terrorism. The traitor was on the battlefield agaist us. PLEASE!!!!!!!!!!

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