Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Rights Groups File Challenge To Targeted Killing By U.S. (Awlaki vs. Obama Administration)

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Latest Breaking News Donate to DU
 
Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-30-10 02:10 PM
Original message
Rights Groups File Challenge To Targeted Killing By U.S. (Awlaki vs. Obama Administration)
Source: Center for Constitutional Rights

Rights Groups File Challenge To Targeted Killing By U.S.

CCR And ACLU Charge That Practice Violates The Constitution And International Law


Contact: press@ccrjustice.org

NEW YORK The American Civil Liberties Union and the Center for Constitutional Rights (CCR) today filed a lawsuit challenging the government's asserted authority to carry out targeted killings of U.S. citizens located far from any armed conflict zone.

The authority contemplated by the Obama administration is far broader than what the Constitution and international law allow, the groups charge. Outside of armed conflict, both the Constitution and international law prohibit targeted killing except as a last resort to protect against concrete, specific, and imminent threats of death or serious physical injury. An extrajudicial killing policy under which names are added to CIA and military kill lists through a secret executive process and stay there for months at a time is plainly not limited to imminent threats.

The United States cannot simply execute people, including its own citizens, anywhere in the world based on its own say-so, said Vince Warren, Executive Director of CCR. The law prohibits the government from killing without trial or conviction other than in the face of an imminent threat that leaves no time for deliberation or due process. That the government adds people to kill lists after a bureaucratic process and leaves them on the lists for months at a time flies in the face of the Constitution and international law.

The groups charge that targeting individuals for execution who are suspected of terrorism but have not been convicted or even charged without oversight, judicial process or disclosed standards for placement on kill lists also poses the risk that the government will erroneously target the wrong people. In recent years, the U.S. government has detained many men as terrorists, only for courts or the government itself to discover later that the evidence was wrong or unreliable.

Read more: http://ccrjustice.org/newsroom/press-releases/rights-gr... .



Glenn Greenwald at Salon.com:

http://www.salon.com/news/opinion/glenn_greenwald

Monday, Aug 30, 2010 10:32 ET
Lawsuit challenges Obama's power to kill citizens without due process

Three weeks ago, I wrote about a lawsuit filed by the ACLU and the Center for Constitutional Rights, based on the Treasury Department's failure to grant a "license" to those groups to represent U.S. citizen Anwar Awlaki in his efforts to obtain a court order barring the U.S. Government from assassinating him without due process. In response, Treasury officials issued the license (those groups are nonetheless proceeding with that lawsuit in an attempt to have the entire licensing scheme declared unconstitutional on the ground that the Federal Government has no authority to require its permission before American lawyers can represent American citizens, even if the citizen in question has been accused of being a Terrorist).

With the license now issued, the ACLU and CCR this afternoon filed a lawsuit on behalf of Anwar Awlaki, with Awlaki's father as the named plaintiff, to prevent the Obama administration from proceeding with Awlaki's due-process-free assassination. Awlaki is unable to file the lawsuit on his own because the U.S. government's threats to kill him, as well as its prior unsuccessful attempts, cause him to be in hiding and thus make it infeasible for him to assert his legal rights directly.

The lawsuit -- captioned Al-Aulaqi v. Obama -- was filed in federal court in the District of Columbia, and names Barack Obama, Leon Panetta and Robert Gates as defendants. Among other relief, the Complaint asks the court to (a) "declare that the Constitution prohibits Defendants from carrying out the targeted killing of U.S. citizens, including Plaintiffs son, except in circumstances in which they present concrete, specific, and imminent threats to life or physical safety, and there are no means other than lethal force that could reasonably be employed to neutralize the threats"; (b) "enjoin Defendants from intentionally killing U.S. citizen Anwar Al-Aulaqi" unless they demonstrate the applicability of those narrow circumstances; and (c) "order Defendants to disclose the criteria that are used in determining whether the government will carry out the targeted killing of a U.S. citizen" (emphasis added).

Just how perverse is the Obama administration's assassination program is reflected in the rights Awlaki is forced to assert. He alleges -- as the Complaint puts it -- that the Government is violating his "Fifth Amendment Right Not to be Deprived of Life Without Due Process." Just re-read that and contemplate that in Barack Obama's America, that right even needs to be contested. The Complaint also alleges that using lethal force against a U.S. citizen in these circumstances violates the Fourth Amendment's guarantee against unreasonable searches and seizure, and also violates the Alien Tort Statute, which bars "extrajudicial killings." Reading Awlaki's Brief in support of his request for injunctive relief is almost surreal, as one witnesses an American citizen try to convince a federal court to stop the Government from trying -- far away from a battlefield and without any violence used to resist apprehension -- to murder him without due process:

Printer Friendly | Permalink |  | Top
kpete Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-30-10 03:13 PM
Response to Original message
1. Rights Groups File Challenge To Targeted Killing By U.S. (Violates Constitution & Int'l Law)
Edited on Mon Aug-30-10 02:17 PM by kpete
Source: ACLU

August 30, 2010

ACLU And CCR Charge That Practice Violates The Constitution And International Law

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2689; media@aclu.org

NEW YORK The American Civil Liberties Union and the Center for Constitutional Rights (CCR) today filed a lawsuit challenging the government's asserted authority to carry out targeted killings of U.S. citizens located far from any armed conflict zone.

The authority contemplated by the Obama administration is far broader than what the Constitution and international law allow, the groups charge. Outside of armed conflict, both the Constitution and international law prohibit targeted killing except as a last resort to protect against concrete, specific and imminent threats of death or serious physical injury. An extrajudicial killing policy under which names are added to CIA and military kill lists through a secret executive process and stay there for months at a time is plainly not limited to imminent threats.

The United States cannot simply execute people, including its own citizens, anywhere in the world based on its own say-so, said Vince Warren, Executive Director of CCR. The law prohibits the government from killing without trial or conviction other than in the face of an imminent threat that leaves no time for deliberation or due process. That the government adds people to kill lists after a bureaucratic process and leaves them on the lists for months at a time flies in the face of the Constitution and international law.

The groups charge that targeting individuals for execution who are suspected of terrorism but have not been convicted or even charged without oversight, judicial process or disclosed standards for placement on kill lists also poses the risk that the government will erroneously target the wrong people. In recent years, the U.S. government has detained many men as terrorists, only for courts or the government itself to discover later that the evidence was wrong or unreliable.

Read more: http://www.aclu.org/national-security/rights-groups-fil...
Printer Friendly | Permalink |  | Top
 
No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-30-10 03:13 PM
Response to Reply #1
2. Love ACLU and Amnesty International.
Printer Friendly | Permalink |  | Top
 
katandmoon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-30-10 03:13 PM
Response to Reply #1
3. K&R. No wonder the Obama's DOJ protects Bush criminals. Obama's admin. is just as criminal.
Printer Friendly | Permalink |  | Top
 
The Northerner Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-30-10 03:13 PM
Response to Reply #1
4. K&R
Printer Friendly | Permalink |  | Top
 
IndianaGreen Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-30-10 05:30 PM
Response to Original message
5. Only tyrants claim the power to execute citizens without due process
The pages of history are full of examples!
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Sun Sep 21st 2014, 09:45 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Latest Breaking News Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC