When such individuals take up arms against this country and join al Qaida in plotting attacks designed to kill their fellow Americans there may be only one realistic and appropriate response. We must take steps to stop them in full accordance with the Constitution. Until now the Obama administration has said very little about it publicly as administration officials have debated how much to reveal in response to the criticism.
"The Constitution guarantees due process, not judicial process,'' Holder said.
University of Notre Dame international law expert Mary Ellen O'Connell also said the memo should be released to reveal more about the administration's position.
The day that al Awlaki was killed, President Barack Obama said his death was "a major blow to al Qaida's most active operational affiliate'' and "another significant milestone in the broader effort to defeat al Qaida.'' But he did not acknowledge publicly that Nike Air More Uptempo Gym Red For Sale
"Any decision to use lethal force against a United States citizen even one intent on murdering Americans and who has become an operational leader of al Qaida in a foreign land is among Nike Air Total Max Uptempo Mens
Al Awlaki was a cleric who was born in New Mexico and once preached at an Islamic center in Falls Church, Va. His sermons in English are posted all over the Internet and his name has been associated with several attempted terrorist attacks.
Al Awlaki's father sued to try to stop the Nike Vapormax Style government from killing his son, arguing he had to be afforded the constitutional right to due process.
the gravest that government leaders can face," Holder said. "The American people can be and deserve to be assured that actions taken in their defense are consistent with their values and their laws.''
At least three recently filed lawsuits have sought to force the Obama administration to publicly release its legal justification for the attack, contained in a Nike Air More Uptempo Scottie Pippen Basketball Shoes
The Justice Department has said that a Nigerian man who tried to blow up an international flight on Christmas 2009 told FBI agents that his mission was approved after a three day visit with al Awlaki.
Obama administration officials told The Associated Press that Obama approved al Awlaki's killing in April 2010, when he became the first American placed on the CIA "kill or capture" list.
"Few things are as dangerous to American liberty as the proposition that the government should be able to kill citizens anywhere in the world on the basis of legal standards and evidence that are never submitted to a court, either before or after the fact," Shamsi said. "Anyone willing to trust President Obama with the power to secretly declare an American citizen an enemy of the state and order his extrajudicial killing should ask whether they would be willing to trust the next president with that dangerous power.''
citizen living abroad who poses a terrorist threat "is among the gravest that government leaders can face,'' but justified lethal action as legal and sometimes necessary in the war on terror.
Holder said it's "not a novel concept'' to target enemy leaders for death, pointing out such attacks were made against al Qaida's chief Osama bin Laden and during World War II, including shooting down an aircraft specifically because it was carrying Japanese Admiral Isoroku Yamamoto, leader of the attack on Pearl Harbor. "But the use of force in foreign territory would be consistent with these international legal principles if conducted, for example, with the consent of the nation involved or after a determination that the nation is unable or unwilling to deal effectively with a threat to the United States."
Holder's comments broke the administration's silence on the legal justifications for its decision to kill American born al Qaida operative Anwar al Awlaki five months ago in Yemen. In a speech prepared for delivery at Northwestern University law school in Chicago, he described al Awlaki as concocting plans to kill Americans but he never explicitly acknowledged the administration responded by targeting the cleric for death.
Holder pointed out that decision in his speech.
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the United States was responsible for the drone attack, which was confirmed by counterterrorism officials.
Hina Shamsi with the American Civil Liberties Union, one of the groups suing for the memo, said if Holder can discuss the targeted killing program publicly, the memo should be released and its position defended in court.
secret Justice Department memo. The Associated Press also filed a FOIA request for the memo, which was denied. The AP has appealed.
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