I am not a lawyer or even a rally after staying at a Holiday Inn Express, or publication in RedState for what follows is not intended as legal analysis but rather a historical perspective on what Mr. al-final Awlaki early can mean.I'll preface this by saying that I think the death of al-Awlaki to be right and proper. I am not Ron Paul, Kevin Williamson, and Glenn Greenwald. That does not mean I'm not a little nauseous.
To the best of my knowledge of the assassination of Anwar al-Awlaki is the first time in our history that a U.S. citizen who served in arms against his country, has been specifically included in a "black list" and then chased and killed. WASHINGTON - The Obama has given the extraordinary step of authorizing the targeted killing of a U.S. citizen, radical Muslim cleric Anwar al-Awlaki, who is believed to have passed the attacks to encourage the United States to participate directly in them The intelligence and counterterrorism officials said Tuesday.
It's not like this is business as usual, making this list represents a first:
It is very rare, if not unprecedented for an American to be approved for the killings, authorities said. A former senior legal officer in the administration of George W. Bush said he knew of no American who was adopted by the assassinations in the former president.
There are several possible models for this action, but as we will see that they all fall short.
Throughout history there have been certain kinds of offenders subject to extrajudicial executions. The pirates, for example, were condemned as hostis humani generis, or enemies of humanity, and are subject to summary execution where they were taken. The fact that this was authorized does not mean that what has happened since the dawn of the 18th century. When Robert Maynard defeated Edward Teach at Ocracoke Inlet captured pirates brought back to Williamsburg, VA to the trial and execution. I have yet to find an example of a U.S. warship to take the pirates and hang them on the spot.
Find men in his own country in the army of his opponents is not a new experience. Throughout history when men have been found are given little attention (there are obvious exceptions to this global declaration, "Gean Fiadhaie na" wild geese, often on opposite sides and were rarely treated as any anything but honorable fighters). During the war with Mexico, a number of U.S. soldiers went to the Mexican side and formed the San Patricio Battalion, or St. Patrick. When, inevitably, fell to the Americans a good number of them were hanged. Still, this was done after a council of war and the leader of the San Patricio avoided the death penalty because he had deserted before the declaration of war.
Thus, while the arms against their country of origin usually resulting in death if caught, is distinguished from al-Awlaki that there was no list of stakeholders, people are captured, and at least a patina of prosecution.
After the Civil War there was a scoring range of the solution against some rebels of the Confederacy, for example, Marcelo Champ Clark and Ferguson to name two, but they were tried by a military tribunal, no matter how flawed the process, for example, Clark's verdict was signed before his court-martial began.
Perhaps rustlers and horse thieves were hanged hand legally in the Old West. I do not know and I can not find evidence that the law allowed this part of the law simply look the other way. In any case, reach the level of the killing of al-Awlaki as there was a mark on the lawsuit.
When the ban was the beginning of the era of organized crime, law enforcement changed their rules of engagement. The murder of Bonnie Parker and Clyde Barrow of the ambush and shooting of John Dillinger in a Chicago sidewalk would not pass the test today. However, these murders involved charges and arrest warrants.
During the Second World War we had the famous case of German saboteurs who participated in Operation Pastorius. Two of these saboteurs were U.S. citizens. When they were caught, were tried by military commission and died in the electric chair in the old district of Columbia jail.
Again, capture, trial, execution.
One has to assume that some of the commands involving Otto Skorzeny in Operation Grief were U.S. citizens, some had lived in the U.S. for a long period of time. When they were shot, it was after a council of war.
There could possibly be analogous to the classified history of the Cold War, it was James Bond and his "license to kill", but still lost. What we can assume is that the murder of deserters and traitors was much more common in novels than in real life. Guys like Philip Agee and Edward Howard are not subject to as much as we can tell.
Wikipedia tries to make a big deal of "targeted killings", but a review of the names that are uniformly enemy combatants were killed. What they have in common is they all have passed after the 9 / 11. No other American on the list, the hapless Derwish Kamal, who seems to have happened in the wrong place at the wrong time and is not intended specifically.
There are moments in history when the law and custom are overcome by social change and technology. I think we're at a juncture in the war. We now for the first time, actually able to locate especially harmful to people through various methods of intelligence and kill them through Predator.
What makes me sick is the idea of a list.
If bad boy pointed to a nationality should be irrelevant. Americans do not have a meeting out of jail free card on the battlefield. The fact that he is on the wrong side in an armed conflict makes it a legitimate target. You do not need a list. It makes no difference if you hit with a Hellfire missile or a Delta Force soldier dragged him out of a car in Albania and shoots the wayside.
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