This blog …

... supports Professor William Snyder's sections of National Security Law, Counterterrorism Law, and Prosecuting Terrorists at the Syracuse University College of Law.

Secret U.S. Memo Made Legal Case to Kill a Citizen – New York Times

An October 8, 2011 article in the New York Times outlined a summary of the principle legal arguments used by the Obama Administration in the recent killing of Anwar al-Awlaki.

According to anonymous sources, a 50-page legal memorandum was prepared by David Barron and Martin Lederman of the Justice Department's Office of Legal Counsel last June. Anwar al-Awlaki was accused of assisting in the planning of an attempted bombing of a Detroit-bound airliner in 2009 and many other al-Qaeda operations.

The memorandum argues among other things, that the killing of Awlaki was legal because it was not feasible to capture him. Moreover, the memorandum's drafters argue that Congress sanctioned the killing, as Awlaki was covered under the Authorization to Use Military Force (AUMF) against al-Qaeda. Ultimately the memorandum concluded that despite being an American citizen, Alwaki was not denied due process, as U.S. legal precedent creates a separate protocol for citizens who join enemy forces.

To read the entire article, go to Article.

Share this article:

Tags: , ,

Leave a Reply

You must be logged in to post a comment.

Categories