Radical American Cleric Anwar al-Awlaki Killed

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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by Eleas »

PeZook wrote:Yes, if you believe saying "You should kill Americans" makes you a target for assassination, then all these people should've been dragged out of the crowd and shot in the head by the police.
You've got to realize, PeZook, this is not how Chocula thinks. For reasons unknown, he actually sees his post as some kind of refutal. See, all you have to do (in his mind) at any given time is to attack the opposite camp as you perceive it, and if you succeed in accusing said other camp of acting fully as vile as your own, yours is exonerated. Apparently.

Or maybe that's not it. Maybe it's simpler. Maybe it's that Chocula, being demonstrably without ethics himself, cannot comprehend why anyone would apply the same set of standards to their own camp as to the Enemy. This would account for his immediate assumption that Thanas means and desires that only conservatives should be shot (fully disregarding that Thanas simply applies the murderous neoconservative justifications in this thread in a consistent fashion). No, Thanas is clearly looking for flimsy excuses to Kill the Other. That's how Chocula himself rolls, after all.

Then again, we can always rely on Chocula to distort and/or sidestep the truth in whatever fashion is convenient before running away (usually to return with the same arguments in the forlorn hope nobody remembers them being refuted the last time around). It takes a special kind of chutzpah to claim the rhetoric of the left is comparable either in volume and viciousness to that of the right wing.
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by BrooklynRedLeg »

PeZook wrote:Yes, if you believe saying "You should kill Americans" makes you a target for assassination, then all these people should've been dragged out of the crowd and shot in the head by the police.
That's what I'm afraid of happening one day. Maybe not tomorrow. Maybe not next year, but within my lifetime (assuming I don't get splattered by a meteorite in the next 5 minutes). The US Government took a fucking leap off a precipice with the killing of Al-Awlaki. It wasn't just a slippery slope, it was a greased one and we're on rollerblades (aka The Express Elevator to Hell). As much as I disliked Attack of the Clowns, er Clones, paraphrasing Amidala's words ring true now: "This is how a Republic dies, to the sound of thunderous applause."
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by TheHammer »

BrooklynRedLeg wrote:
PeZook wrote:Yes, if you believe saying "You should kill Americans" makes you a target for assassination, then all these people should've been dragged out of the crowd and shot in the head by the police.
That's what I'm afraid of happening one day. Maybe not tomorrow. Maybe not next year, but within my lifetime (assuming I don't get splattered by a meteorite in the next 5 minutes). The US Government took a fucking leap off a precipice with the killing of Al-Awlaki. It wasn't just a slippery slope, it was a greased one and we're on rollerblades (aka The Express Elevator to Hell). As much as I disliked Attack of the Clowns, er Clones, paraphrasing Amidala's words ring true now: "This is how a Republic dies, to the sound of thunderous applause."
Yes the next person could be ANYBODY :roll:

The idea of Awlaki somehow being a domino that will lead to us to oppression is among the most retarded slippery slope bullshit arguments there is. As argued ad nausem, Awlaki was a unique circumstance. And the very fact that so many people are making such a big deal about killing someone like Awlaki should tell you that this is not going to become a common occurence.

Honestly, just so it shuts everyone the fuck up, I hope they have a post mortem trial for treason. It won't happen, but I don't think it would be too hard to convict considering Awlaki released numerous messages essentially saying he was at war with the United States and supported the killing of Americans as an Islamic duty.
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by Crateria »

TheHammer wrote:
BrooklynRedLeg wrote:
PeZook wrote:Yes, if you believe saying "You should kill Americans" makes you a target for assassination, then all these people should've been dragged out of the crowd and shot in the head by the police.
That's what I'm afraid of happening one day. Maybe not tomorrow. Maybe not next year, but within my lifetime (assuming I don't get splattered by a meteorite in the next 5 minutes). The US Government took a fucking leap off a precipice with the killing of Al-Awlaki. It wasn't just a slippery slope, it was a greased one and we're on rollerblades (aka The Express Elevator to Hell). As much as I disliked Attack of the Clowns, er Clones, paraphrasing Amidala's words ring true now: "This is how a Republic dies, to the sound of thunderous applause."
Yes the next person could be ANYBODY :roll:

The idea of Awlaki somehow being a domino that will lead to us to oppression is among the most retarded slippery slope bullshit arguments there is. As argued ad nausem, Awlaki was a unique circumstance. And the very fact that so many people are making such a big deal about killing someone like Awlaki should tell you that this is not going to become a common occurence.

Honestly, just so it shuts everyone the fuck up, I hope they have a post mortem trial for treason. It won't happen, but I don't think it would be too hard to convict considering Awlaki released numerous messages essentially saying he was at war with the United States and supported the killing of Americans as an Islamic duty.
Regardless of whether or not the assassination is justified, it could inspire lone wolves who disagree with it to take up action against the government. I'm not talking about Muslim fundies, I mean some random guy who we'll never know when he'll strike. No obvious political affiliations (or atleast none the US is paying attention to right now), I mean like the guy who threw the grenade or whatever at Bush in 2005.
Damn you know it. You so smart you brought up like history and shit. Laying down facts like you was a blues clues episode or something. How you get so smart? Like the puns and shit you use are wicked smart, Red Letter Moron! HAHAHAHAH!1 Fucks that is funny, you like should be on TV with Jeff Dunham and shit.-emersonlakeandbalmer
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by BrooklynRedLeg »

TheHammer wrote:Yes the next person could be ANYBODY :roll:
Ah, nothing like a little:

Image

to make your argument. Try again....
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by Samuel »

Crateria wrote:Regardless of whether or not the assassination is justified, it could inspire lone wolves who disagree with it to take up action against the government. I'm not talking about Muslim fundies, I mean some random guy who we'll never know when he'll strike. No obvious political affiliations (or atleast none the US is paying attention to right now), I mean like the guy who threw the grenade or whatever at Bush in 2005.
Militias getting worked up about a Muslim fanatic killed in Yemen? :lol: Americas radical left, right and center nutters don't really give a damn. Extremists may be paranoid, but they probably see this as killing a radical terrorist who is a threat to America. Even a broken clock is right twice a day.
Shroom Man 777 wrote:So, what should be done to hypocritical psycho conservative Americans who shriek shit like hanging liberals, bayoneting protesters, white phosphorusing union strikers, nuking brown people, converting them to Christianity or killing them, along with all sorts of racist or homophobic shit, etc.?
Well, when they do that and join violent organizations that are fighting the United States government, we treat them the same.
Thanas wrote: So now people deserve to be killed for speaking?
To justify this killing it has to be shown that he had an operational role. That requires clear evidence. Where is it?
TheHammer wrote:His own words are evidence enough for me.
Lets play a game. Which order do the above three statements make sense in?
Thanas wrote:Your position is even more hilarious for the very fact that if he had said these words while living in the USA he would be protected.
No, if he was a member of an active Al-Queda cell in the US, like in Yemen, he would have been arrested.
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by Samuel »

BrooklynRedLeg wrote:
TheHammer wrote:Yes the next person could be ANYBODY :roll:
Ah, nothing like a little:Strawman

to make your argument. Try again....
BrooklynRedLeg wrote:The US Government took a fucking leap off a precipice with the killing of Al-Awlaki. It wasn't just a slippery slope, it was a greased one and we're on rollerblades
Please explain how this could be interpreted in a different, non-slippery slope light.
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by BrooklynRedLeg »

Samuel wrote:Please explain how this could be interpreted in a different, non-slippery slope light.
You have got to be kidding me.
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by Crateria »

Samuel wrote:
Crateria wrote:Regardless of whether or not the assassination is justified, it could inspire lone wolves who disagree with it to take up action against the government. I'm not talking about Muslim fundies, I mean some random guy who we'll never know when he'll strike. No obvious political affiliations (or atleast none the US is paying attention to right now), I mean like the guy who threw the grenade or whatever at Bush in 2005.
Militias getting worked up about a Muslim fanatic killed in Yemen? :lol: Americas radical left, right and center nutters don't really give a damn. Extremists may be paranoid, but they probably see this as killing a radical terrorist who is a threat to America. Even a broken clock is right twice a day.
I didn't say militias, shithead. I said lone wolf. It doesn't need to be an American who pulls it off, or even have a big, important target hit. All it takes is a guy who is worried enough that the US is going to do something really bad now that it can assassinate people like this, and the resources to kill even one person and it'll likely happen. All it shows is that the person (s) killed is/are a new casualties in the US assassination period.
Damn you know it. You so smart you brought up like history and shit. Laying down facts like you was a blues clues episode or something. How you get so smart? Like the puns and shit you use are wicked smart, Red Letter Moron! HAHAHAHAH!1 Fucks that is funny, you like should be on TV with Jeff Dunham and shit.-emersonlakeandbalmer
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by BrooklynRedLeg »

Secret panel can put Americans on "kill list'

By Mark Hosenball

WASHINGTON | Thu Oct 6, 2011 10:05am EDT

(Reuters) - American militants like Anwar al-Awlaki are placed on a kill or capture list by a secretive panel of senior government officials, which then informs the president of its decisions, according to officials.

There is no public record of the operations or decisions of the panel, which is a subset of the White House's National Security Council, several current and former officials said. Neither is there any law establishing its existence or setting out the rules by which it is supposed to operate.

The panel was behind the decision to add Awlaki, a U.S.-born militant preacher with alleged al Qaeda connections, to the target list. He was killed by a CIA drone strike in Yemen late last month.

The role of the president in ordering or ratifying a decision to target a citizen is fuzzy. White House spokesman Tommy Vietor declined to discuss anything about the process.

Current and former officials said that to the best of their knowledge, Awlaki, who the White House said was a key figure in al Qaeda in the Arabian Peninsula, al Qaeda's Yemen-based affiliate, had been the only American put on a government list targeting people for capture or death due to their alleged involvement with militants.

The White House is portraying the killing of Awlaki as a demonstration of President Barack Obama's toughness toward militants who threaten the United States. But the process that led to Awlaki's killing has drawn fierce criticism from both the political left and right.

In an ironic turn, Obama, who ran for president denouncing predecessor George W. Bush's expansive use of executive power in his "war on terrorism," is being attacked in some quarters for using similar tactics. They include secret legal justifications and undisclosed intelligence assessments.

Liberals criticized the drone attack on an American citizen as extra-judicial murder.

Conservatives criticized Obama for refusing to release a Justice Department legal opinion that reportedly justified killing Awlaki. They accuse Obama of hypocrisy, noting his administration insisted on publishing Bush-era administration legal memos justifying the use of interrogation techniques many equate with torture, but refused to make public its rationale for killing a citizen without due process.

Some details about how the administration went about targeting Awlaki emerged on Tuesday when the top Democrat on the House Intelligence Committee, Representative Dutch Ruppersberger, was asked by reporters about the killing.

The process involves "going through the National Security Council, then it eventually goes to the president, but the National Security Council does the investigation, they have lawyers, they review, they look at the situation, you have input from the military, and also, we make sure that we follow international law," Ruppersberger said.
http://www.reuters.com/article/2011/10/ ... 5C20111006

I'm going to go throw up now.
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by Samuel »

I didn't say militias, shithead. I said lone wolf. It doesn't need to be an American who pulls it off, or even have a big, important target hit. All it takes is a guy who is worried enough that the US is going to do something really bad now that it can assassinate people like this, and the resources to kill even one person and it'll likely happen. All it shows is that the person (s) killed is/are a new casualties in the US assassination period.
Yes, the United States has never assassinated anyone ever before :P Sorry I didn't read your post throughly before, but the US government has killed, tortured and done all sorts of other fun stuff. We have secret prisons for god sakes- I think it is ridiculous to worry that this will be the thing that sets people off.
BrooklynRedLeg wrote:
Samuel wrote:Please explain how this could be interpreted in a different, non-slippery slope light.
You have got to be kidding me.
BRL-The US Government took a fucking leap off a precipice with the killing of Al-Awlaki. It wasn't just a slippery slope, it was a greased one and we're on rollerblades

TH-Yes the next person could be ANYBODY

BRL-Thats a strawman!

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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by BrooklynRedLeg »

Samuel wrote:Some people are so transparrently wrong I don't have to say anything.
Okay, let's try this again from a different perspective. Not all slippery slopes are logical fallacies. However, the strawman put up by TheHammer IS a logical fallacy.
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by Zanfib »

I still have not seen any evidence that the threat posed by Al-Awlaki was greater than the threat posed by a law that allows the government to kill anyone it pleases.
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by Andrew J. »

From the New York Times:
Secret U.S. Memo Made Legal Case to Kill a Citizen
By CHARLIE SAVAGE

WASHINGTON — The Obama administration’s secret legal memorandum that opened the door to the killing of Anwar al-Awlaki, the American-born radical Muslim cleric hiding in Yemen, found that it would be lawful only if it were not feasible to take him alive, according to people who have read the document.

The memo, written last year, followed months of extensive interagency deliberations and offers a glimpse into the legal debate that led to one of the most significant decisions made by President Obama — to move ahead with the killing of an American citizen without a trial.

The secret document provided the justification for acting despite an executive order banning assassinations, a federal law against murder, protections in the Bill of Rights and various strictures of the international laws of war, according to people familiar with the analysis. The memo, however, was narrowly drawn to the specifics of Mr. Awlaki’s case and did not establish a broad new legal doctrine to permit the targeted killing of any Americans believed to pose a terrorist threat.

The Obama administration has refused to acknowledge or discuss its role in the drone strike that killed Mr. Awlaki last month and that technically remains a covert operation. The government has also resisted growing calls that it provide a detailed public explanation of why officials deemed it lawful to kill an American citizen, setting a precedent that scholars, rights activists and others say has raised concerns about the rule of law and civil liberties.

But the document that laid out the administration’s justification — a roughly 50-page memorandum by the Justice Department’s Office of Legal Counsel, completed around June 2010 — was described on the condition of anonymity by people who have read it.

The legal analysis, in essence, concluded that Mr. Awlaki could be legally killed, if it was not feasible to capture him, because intelligence agencies said he was taking part in the war between the United States and Al Qaeda and posed a significant threat to Americans, as well as because Yemeni authorities were unable or unwilling to stop him.

The memorandum, which was written more than a year before Mr. Awlaki was killed, does not independently analyze the quality of the evidence against him.

The administration did not respond to requests for comment on this article.

The deliberations to craft the memo included meetings in the White House Situation Room involving top lawyers for the Pentagon, State Department, National Security Council and intelligence agencies.

It was principally drafted by David Barron and Martin Lederman, who were both lawyers in the Office of Legal Counsel at the time, and was signed by Mr. Barron. The office may have given oral approval for an attack on Mr. Awlaki before completing its detailed memorandum. Several news reports before June 2010 quoted anonymous counterterrorism officials as saying that Mr. Awlaki had been placed on a kill-or-capture list around the time of the attempted bombing of a Detroit-bound airliner on Dec. 25, 2009. Mr. Awlaki was accused of helping to recruit the attacker for that operation.

Mr. Awlaki, who was born in New Mexico, was also accused of playing a role in a failed plot to bomb two cargo planes last year, part of a pattern of activities that counterterrorism officials have said showed that he had evolved from merely being a propagandist — in sermons justifying violence by Muslims against the United States — to playing an operational role in Al Qaeda in the Arabian Peninsula’s continuing efforts to carry out terrorist attacks.

Other assertions about Mr. Awlaki included that he was a leader of the group, which had become a “cobelligerent” with Al Qaeda, and he was pushing it to focus on trying to attack the United States again. The lawyers were also told that capturing him alive among hostile armed allies might not be feasible if and when he were located.

Based on those premises, the Justice Department concluded that Mr. Awlaki was covered by the authorization to use military force against Al Qaeda that Congress enacted shortly after the terrorist attacks of Sept. 11, 2001 — meaning that he was a lawful target in the armed conflict unless some other legal prohibition trumped that authority.

It then considered possible obstacles and rejected each in turn.

Among them was an executive order that bans assassinations. That order, the lawyers found, blocked unlawful killings of political leaders outside of war, but not the killing of a lawful target in an armed conflict.

A federal statute that prohibits Americans from murdering other Americans abroad, the lawyers wrote, did not apply either, because it is not “murder” to kill a wartime enemy in compliance with the laws of war.

But that raised another pressing question: would it comply with the laws of war if the drone operator who fired the missile was a Central Intelligence Agency official, who, unlike a soldier, wore no uniform? The memorandum concluded that such a case would not be a war crime, although the operator might be in theoretical jeopardy of being prosecuted in a Yemeni court for violating Yemen’s domestic laws against murder, a highly unlikely possibility.

Then there was the Bill of Rights: the Fourth Amendment’s guarantee that a “person” cannot be seized by the government unreasonably, and the Fifth Amendment’s guarantee that the government may not deprive a person of life “without due process of law.”

The memo concluded that what was reasonable, and the process that was due, was different for Mr. Awlaki than for an ordinary criminal. It cited court cases allowing American citizens who had joined an enemy’s forces to be detained or prosecuted in a military court just like noncitizen enemies.

It also cited several other Supreme Court precedents, like a 2007 case involving a high-speed chase and a 1985 case involving the shooting of a fleeing suspect, finding that it was constitutional for the police to take actions that put a suspect in serious risk of death in order to curtail an imminent risk to innocent people.

The document’s authors argued that “imminent” risks could include those by an enemy leader who is in the business of attacking the United States whenever possible, even if he is not in the midst of launching an attack at the precise moment he is located.

There remained, however, the question of whether — when the target is known to be a citizen — it was permissible to kill him if capturing him instead were a feasible way of suppressing the threat.

Killed in the strike alongside Mr. Awlaki was another American citizen, Samir Khan, who had produced a magazine for Al Qaeda in the Arabian Peninsula promoting terrorism. He was apparently not on the targeting list, making his death collateral damage. His family has issued a statement citing the Fifth Amendment and asking whether it was necessary for the government to have “assassinated two of its citizens.”

“Was this style of execution the only solution?” the Khan family asked in its statement. “Why couldn’t there have been a capture and trial?”

Last month, President Obama’s top counterterrorism adviser, John O. Brennan, delivered a speech in which he strongly denied the accusation that the administration had sometimes chosen to kill militants when capturing them was possible, saying the policy preference is to interrogate them for intelligence.

The memorandum is said to declare that in the case of a citizen, it is legally required to capture the militant if feasible — raising a question: was capturing Mr. Awlaki in fact feasible?

It is possible that officials decided last month that it was not feasible to attempt to capture him because of factors like the risk it could pose to American commandos and the diplomatic problems that could arise from putting ground forces on Yemeni soil. Still, the raid on Osama bin Laden’s compound in Pakistan demonstrates that officials have deemed such operations feasible at times.

Last year, Yemeni commandos surrounded a village in which Mr. Awlaki was believed to be hiding, but he managed to slip away.

The administration had already expressed in public some of the arguments about issues of international law addressed by the memo, in a speech delivered in March 2010 by Harold Hongju Koh, the top State Department lawyer.

The memorandum examined whether it was relevant that Mr. Awlaki was in Yemen, far from Afghanistan. It concluded that Mr. Awlaki’s geographical distance from the so-called hot battlefield did not preclude him from the armed conflict; given his presumed circumstances, the United States still had a right to use force to defend itself against him.

As to whether it would violate Yemen’s sovereignty to fire a missile at someone on Yemeni soil, Yemen’s president secretly granted the United States that permission, as secret diplomatic cables obtained by WikiLeaks have revealed.

The memorandum did assert that other limitations on the use of force under the laws of war — like avoiding the use of disproportionate force that would increase the possibility of civilian deaths — would constrain any operation against Mr. Awlaki.

That apparently constrained the attack when it finally came. Details about Mr. Awlaki’s location surfaced about a month ago, American officials have said, but his hunters delayed the strike until he left a village and was on a road away from populated areas.
Essentially, the Awlaki rationale is confined to its own facts, so to speak.
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by Broken »

Zanfib wrote:I still have not seen any evidence that the threat posed by Al-Awlaki was greater than the threat posed by a law that allows the government to kill anyone it pleases.
That's just it, there is no "law", as obsolete and out-dated an idea those pesky things are, that allows the US government to kill its citizens without due process.

New York Times
This article has a brief run-down of the objections overridden in the legal opinion of the Justice Department that green-lighted the kill of al-Awlaki.

1) There is an executive order banning assassinations, but it was deemed only for political leaders outside a time of war, not for a
"lawful target in an armed conflict"
2) There is a federal statute against Americans killing other Americans overseas. Decided that was not
not "murder" to kill a wartime enemy in compliance with the laws of war
3) A CIA operator of the drone could in theory be in trouble since he is not a uniformed member of the military, but he would not be committing a war crime. Yemen could legally try him for murder, but that was thought to be extremely unlikely.

4) Then there are the Bill of Rights problems, the 4th Amendment's that a person may not be seized unreasonably and the 5th's that the government cannot kill "without due process of law". Keep in mind that to the best of my knowledge, al-Awlaki has not been formally charged with any crimes, much less any capital crimes. Anyway,
The memo concluded that what was reasonable, and the process that was due, was different for Mr. Awlaki then for an ordinary criminal,

So there you have it. Apparently we are at war, but we don't take any prisoners, just keep running into those damn "Unlawful Combatants" while overseas. A US citizen can be killed by his own government without being charged with a crime so long as he joined an enemy in wartime, a legal hair-splitting where the wartime status only applies to US citizens, not anyone we are fighting. A secret committee that is beyond any judicial review decides whether any American are enough of a threat to go on their kill list. Laws, courts, checks and balances, who needs such things in the brave new world of 21st century America.

Edit: full NYT article posted while I was typing.
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by TheHammer »

BrooklynRedLeg wrote:
Samuel wrote:Some people are so transparrently wrong I don't have to say anything.
Okay, let's try this again from a different perspective. Not all slippery slopes are logical fallacies. However, the strawman put up by TheHammer IS a logical fallacy.
Just admit you don't know what the fuck you are talking about, particularly when it comes to logical fallacies. But here is a lesson:
BrooklynRedLeg wrote: That's what I'm afraid of happening one day. Maybe not tomorrow. Maybe not next year, but within my lifetime (assuming I don't get splattered by a meteorite in the next 5 minutes). The US Government took a fucking leap off a precipice with the killing of Al-Awlaki. It wasn't just a slippery slope, it was a greased one and we're on rollerblades (aka The Express Elevator to Hell). As much as I disliked Attack of the Clowns, er Clones, paraphrasing Amidala's words ring true now: "This is how a Republic dies, to the sound of thunderous applause."
That is very much a Non Sequitur of the slippery slope variety. Hell, you essentially acknowledge as much in your own posting, and conclude that killing of Awlaki will somehow lead to an "express elevator to hell" and "death of the Republic". My calling you on it does not qualify as a strawman in any way shape or form.
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by BrooklynRedLeg »

TheHammer wrote:Just admit you don't know what the fuck you are talking about, particularly when it comes to logical fallacies.
Oh really? Please show me where all slippery slopes are considered to be logical fallacies.
That is very much a Non Sequitur of the slippery slope variety.
Uh, no it is not. It is very pertinent to the discussion at hand. Just because you don't see it does not make it so.
My calling you on it does not qualify as a strawman in any way shape or form.
Actually, it does.
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by TheHammer »

Andrew J. wrote:From the New York Times:
Secret U.S. Memo Made Legal Case to Kill a Citizen
By CHARLIE SAVAGE

WASHINGTON — The Obama administration’s secret legal memorandum that opened the door to the killing of Anwar al-Awlaki, the American-born radical Muslim cleric hiding in Yemen, found that it would be lawful only if it were not feasible to take him alive, according to people who have read the document.

The memo, written last year, followed months of extensive interagency deliberations and offers a glimpse into the legal debate that led to one of the most significant decisions made by President Obama — to move ahead with the killing of an American citizen without a trial.

The secret document provided the justification for acting despite an executive order banning assassinations, a federal law against murder, protections in the Bill of Rights and various strictures of the international laws of war, according to people familiar with the analysis. The memo, however, was narrowly drawn to the specifics of Mr. Awlaki’s case and did not establish a broad new legal doctrine to permit the targeted killing of any Americans believed to pose a terrorist threat.

The Obama administration has refused to acknowledge or discuss its role in the drone strike that killed Mr. Awlaki last month and that technically remains a covert operation. The government has also resisted growing calls that it provide a detailed public explanation of why officials deemed it lawful to kill an American citizen, setting a precedent that scholars, rights activists and others say has raised concerns about the rule of law and civil liberties.

But the document that laid out the administration’s justification — a roughly 50-page memorandum by the Justice Department’s Office of Legal Counsel, completed around June 2010 — was described on the condition of anonymity by people who have read it.

The legal analysis, in essence, concluded that Mr. Awlaki could be legally killed, if it was not feasible to capture him, because intelligence agencies said he was taking part in the war between the United States and Al Qaeda and posed a significant threat to Americans, as well as because Yemeni authorities were unable or unwilling to stop him.

The memorandum, which was written more than a year before Mr. Awlaki was killed, does not independently analyze the quality of the evidence against him.

The administration did not respond to requests for comment on this article.

The deliberations to craft the memo included meetings in the White House Situation Room involving top lawyers for the Pentagon, State Department, National Security Council and intelligence agencies.

It was principally drafted by David Barron and Martin Lederman, who were both lawyers in the Office of Legal Counsel at the time, and was signed by Mr. Barron. The office may have given oral approval for an attack on Mr. Awlaki before completing its detailed memorandum. Several news reports before June 2010 quoted anonymous counterterrorism officials as saying that Mr. Awlaki had been placed on a kill-or-capture list around the time of the attempted bombing of a Detroit-bound airliner on Dec. 25, 2009. Mr. Awlaki was accused of helping to recruit the attacker for that operation.

Mr. Awlaki, who was born in New Mexico, was also accused of playing a role in a failed plot to bomb two cargo planes last year, part of a pattern of activities that counterterrorism officials have said showed that he had evolved from merely being a propagandist — in sermons justifying violence by Muslims against the United States — to playing an operational role in Al Qaeda in the Arabian Peninsula’s continuing efforts to carry out terrorist attacks.

Other assertions about Mr. Awlaki included that he was a leader of the group, which had become a “cobelligerent” with Al Qaeda, and he was pushing it to focus on trying to attack the United States again. The lawyers were also told that capturing him alive among hostile armed allies might not be feasible if and when he were located.

Based on those premises, the Justice Department concluded that Mr. Awlaki was covered by the authorization to use military force against Al Qaeda that Congress enacted shortly after the terrorist attacks of Sept. 11, 2001 — meaning that he was a lawful target in the armed conflict unless some other legal prohibition trumped that authority.

It then considered possible obstacles and rejected each in turn.

Among them was an executive order that bans assassinations. That order, the lawyers found, blocked unlawful killings of political leaders outside of war, but not the killing of a lawful target in an armed conflict.

A federal statute that prohibits Americans from murdering other Americans abroad, the lawyers wrote, did not apply either, because it is not “murder” to kill a wartime enemy in compliance with the laws of war.

But that raised another pressing question: would it comply with the laws of war if the drone operator who fired the missile was a Central Intelligence Agency official, who, unlike a soldier, wore no uniform? The memorandum concluded that such a case would not be a war crime, although the operator might be in theoretical jeopardy of being prosecuted in a Yemeni court for violating Yemen’s domestic laws against murder, a highly unlikely possibility.

Then there was the Bill of Rights: the Fourth Amendment’s guarantee that a “person” cannot be seized by the government unreasonably, and the Fifth Amendment’s guarantee that the government may not deprive a person of life “without due process of law.”

The memo concluded that what was reasonable, and the process that was due, was different for Mr. Awlaki than for an ordinary criminal. It cited court cases allowing American citizens who had joined an enemy’s forces to be detained or prosecuted in a military court just like noncitizen enemies.

It also cited several other Supreme Court precedents, like a 2007 case involving a high-speed chase and a 1985 case involving the shooting of a fleeing suspect, finding that it was constitutional for the police to take actions that put a suspect in serious risk of death in order to curtail an imminent risk to innocent people.

The document’s authors argued that “imminent” risks could include those by an enemy leader who is in the business of attacking the United States whenever possible, even if he is not in the midst of launching an attack at the precise moment he is located.

There remained, however, the question of whether — when the target is known to be a citizen — it was permissible to kill him if capturing him instead were a feasible way of suppressing the threat.

Killed in the strike alongside Mr. Awlaki was another American citizen, Samir Khan, who had produced a magazine for Al Qaeda in the Arabian Peninsula promoting terrorism. He was apparently not on the targeting list, making his death collateral damage. His family has issued a statement citing the Fifth Amendment and asking whether it was necessary for the government to have “assassinated two of its citizens.”

“Was this style of execution the only solution?” the Khan family asked in its statement. “Why couldn’t there have been a capture and trial?”

Last month, President Obama’s top counterterrorism adviser, John O. Brennan, delivered a speech in which he strongly denied the accusation that the administration had sometimes chosen to kill militants when capturing them was possible, saying the policy preference is to interrogate them for intelligence.

The memorandum is said to declare that in the case of a citizen, it is legally required to capture the militant if feasible — raising a question: was capturing Mr. Awlaki in fact feasible?

It is possible that officials decided last month that it was not feasible to attempt to capture him because of factors like the risk it could pose to American commandos and the diplomatic problems that could arise from putting ground forces on Yemeni soil. Still, the raid on Osama bin Laden’s compound in Pakistan demonstrates that officials have deemed such operations feasible at times.

Last year, Yemeni commandos surrounded a village in which Mr. Awlaki was believed to be hiding, but he managed to slip away.

The administration had already expressed in public some of the arguments about issues of international law addressed by the memo, in a speech delivered in March 2010 by Harold Hongju Koh, the top State Department lawyer.

The memorandum examined whether it was relevant that Mr. Awlaki was in Yemen, far from Afghanistan. It concluded that Mr. Awlaki’s geographical distance from the so-called hot battlefield did not preclude him from the armed conflict; given his presumed circumstances, the United States still had a right to use force to defend itself against him.

As to whether it would violate Yemen’s sovereignty to fire a missile at someone on Yemeni soil, Yemen’s president secretly granted the United States that permission, as secret diplomatic cables obtained by WikiLeaks have revealed.

The memorandum did assert that other limitations on the use of force under the laws of war — like avoiding the use of disproportionate force that would increase the possibility of civilian deaths — would constrain any operation against Mr. Awlaki.

That apparently constrained the attack when it finally came. Details about Mr. Awlaki’s location surfaced about a month ago, American officials have said, but his hunters delayed the strike until he left a village and was on a road away from populated areas.
Essentially, the Awlaki rationale is confined to its own facts, so to speak.
That rationale seems absolutely reasonable to me. Of course it is essesntialy exactly what I've been arguing all along, so I guess it would seem reasonable to me wouldn't it?

I think one new thing to note is that we did make at least one attempt to capture awlaki with commandos and he escaped. So that should quash the idea that we weren't willing to take him alive if the opportunity presented itself.
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by TheHammer »

BrooklynRedLeg wrote:
TheHammer wrote:Just admit you don't know what the fuck you are talking about, particularly when it comes to logical fallacies.
Oh really? Please show me where all slippery slopes are considered to be logical fallacies.
That is very much a Non Sequitur of the slippery slope variety.
Uh, no it is not. It is very pertinent to the discussion at hand. Just because you don't see it does not make it so.
My calling you on it does not qualify as a strawman in any way shape or form.
Actually, it does.
Um are you just repeating shit you've seen other people post to try and sound smart? Because you aren't fooling anyone. It really is also kind of Ironic that you demand I "show that All slippery slopes" are fallacies when my argument was that YOUR post was a slippery slope fallacy. You have thus given us a classic example of a strawman. I can't wait for your next examples.

I can also only conclude that you don't know what a non sequitur is. It has nothing to do with "pertience to the discussion", but rather to your broken chain of logic. Specifically, This is the simple fallacy of stating, as a conclusion, something that does not strictly follow from the premises. To break it down for you a little more. Your posting indicates that the "logical conclusion" of killing awlaki is an express elevator to hell and the death of the Republic. You explicitly state that A inevitbly leads to Z without bothering to add any of the numerous steps in between that would need to occur for your conclusion to be valid.

Maybe this will better illustrate for you where you are going wrong. In this example, "collect underpants" would be equivalent to the death of Awlaki, and "profit" the equivalent to the "death of the republic".

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Re: Radical American Cleric Anwar al-Awlaki Killed

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TheHammer wrote:I think one new thing to note is that we did make at least one attempt to capture awlaki with commandos and he escaped. So that should quash the idea that we weren't willing to take him alive if the opportunity presented itself.
Well, the Yemenis did. The failure of their commandos isn't necessarily an indicator of how American special forces would fare in a similar mission, although there are other considerations making such a deployment undesirable.
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by Crateria »

Samuel wrote:
I didn't say militias, shithead. I said lone wolf. It doesn't need to be an American who pulls it off, or even have a big, important target hit. All it takes is a guy who is worried enough that the US is going to do something really bad now that it can assassinate people like this, and the resources to kill even one person and it'll likely happen. All it shows is that the person (s) killed is/are a new casualties in the US assassination period.
Yes, the United States has never assassinated anyone ever before :P Sorry I didn't read your post throughly before, but the US government has killed, tortured and done all sorts of other fun stuff. We have secret prisons for god sakes- I think it is ridiculous to worry that this will be the thing that sets people off.
Fine, think it is ridiculous. Never mind people kill each other for various reasons anyway. I'm just throwing it out there for sake of "Hey this might actually happen." Remember Jared Loughner? Nobody saw the assassination attempt coming. It was out of the blue comparatively, and that's what I think might happen here eventually. Somebody who gets killed by a crazy, only this time the crazy was worried about the US assassinating people of lesser importance or something. Like I said, political motivations not obvious to the world at large take us by surprise.

I know the US has assassinated people before, I'm not stupid. However, the targets it hit were traditionally leaders of nations. This Awlaki guy appears to be a high-ranking propaganda official who's affiliated with Al-Qaeda or one of its local branches. Even if he is guilty, it shows that the US will not hesitate to kill people who it believes are enemies. Again, an assassination was bad both morally and practically- there's bound to more on the list of those to die.
Damn you know it. You so smart you brought up like history and shit. Laying down facts like you was a blues clues episode or something. How you get so smart? Like the puns and shit you use are wicked smart, Red Letter Moron! HAHAHAHAH!1 Fucks that is funny, you like should be on TV with Jeff Dunham and shit.-emersonlakeandbalmer
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by Samuel »

Except the US has done the exact same thing before. Pablo Escabar ring a bell?
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by Crateria »

Samuel wrote:Except the US has done the exact same thing before. Pablo Escabar ring a bell?
Was he openly assassinated by the US? I'm not an expert on him, so feel free to correct me.

You know what? Ignoring all the fuss about whether or not Awlaki's death means anything big, will it change anything in the GWOT? Of course not, the war will grind on because the US's actions will create more terrorists anyway. Awlaki's death will not change the outcome of the war.
Damn you know it. You so smart you brought up like history and shit. Laying down facts like you was a blues clues episode or something. How you get so smart? Like the puns and shit you use are wicked smart, Red Letter Moron! HAHAHAHAH!1 Fucks that is funny, you like should be on TV with Jeff Dunham and shit.-emersonlakeandbalmer
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by Simon_Jester »

TheHammer wrote:Yes the next person could be ANYBODY :roll:

The idea of Awlaki somehow being a domino that will lead to us to oppression is among the most retarded slippery slope bullshit arguments there is. As argued ad nausem, Awlaki was a unique circumstance. And the very fact that so many people are making such a big deal about killing someone like Awlaki should tell you that this is not going to become a common occurence.
Ham, the problem isn't "ANYONE COULD BE NEXT INCLUDING YOUR GRANDMOTHER!"

The problem is that this sets a precedent. Precedent matters in law.

Sooner or later, we will face a domestic political force which destabilizes the political system. There will be big protests, lots of kooky rhetoric flying around, and a violent fringe to the movement. We know this will happen in the future because it has already happened, more than once, in the history of the republic.

It happened in the '90s with the militia movement. It happened in the '60s with race riots, campus radicals, and antiwar demonstrators. It almost happened in the '30s with politics of every color under the rainbow, because of the sheer misery of Depression-era conditions. It happened around 1900, with the Progressives being opposed to the trusts and financial crashes of the 1890s, and the anarchists and Reds wanting to overthrow everything and start fresh. It happened before, about every 30-40 years. It will happen again. When (not if, when) it happens again, one thing will have changed.

The US government will have a history of killing American citizens affiliated with groups that claim to have "declared war" on the United States and which spout 'dangerous rhetoric.' It will not feel a need to wait for those citizens to take up weapons against the government, to engage in overt, lethal attacks.

Instead, the fact that the group has "declared war" (what is the definition of a private group's declaration of war?) on the status quo, and is associated with killers (even lone nut killers) is enough to make any member of the group an outlaw. The government may kill the outlaw at any time it pleases, if it feels that person is dangerous enough to justify an assassination. Danger does not mean danger of actual attacks committed by this person. A man who says things that make others want to attack can be this dangerous. Someone that a violent terrorist views as a mentor is a priori dangerous enough to kill.

Once the decision has been made, and this person has been identified as a dangerous radical, there is no trial, no appeal. There is only the Hellfire missile from the drone.

This is way the law stands, if you accept that killing al-Awlaki is something the US government should have the power to do. Because this is the reasoning used by the US government to make the attack in the first place. If you support doing it this time, it's hard to see why you don't support doing it again in the future, whenever the US is at any risk of violent, politically motivated acts from any source, foreign or domestic.

So the question is indeed "who's next?" Al-Awlaki is supposed to be a unique case, though I'm told there are other American citizens on that assassination list. But Al-Qaeda will not be the last organization in the world which the US government dislikes. What happens during the next round of civil unrest, at the violent fringe of that movement? If the US government has permission to kill the people a domestic terrorist cites as his mentors, how far will they go?

You can assure us that the government won't want to go very far. This does not make the answer "as far as they want" very reassuring, in light of some of the tactics the government has used before- the FBI's attempts to use agent provocateur tactics on terror suspects in the US, the history of Red-baiting, illegal wiretapping, and fabrication of allegations used in the '20s and the '60s, and so on.

What would someone like J. Edgar Hoover be like if he knew he could get away with simply having "dangerous radical hatemongers" killed, without trial?

Will this lead to the "death of the republic?" Beats me. But I'm very sure that if this kind of thinking, which you seem to endorse, becomes widespread and popular, the next round of civil unrest in the US will see a drastic escalation in the kind of oppression and violence used by the state's security forces to squash the unrest. American people are more likely to die, more likely to be "disappeared," more likely to be tortured, because of all these contorted efforts to turn anyone on our Very Bad Men list into a diabolical villain that we can treat as we please.

We're at war, except when we're not, we're fighting for freedom, except when freedom has to be sacrificed for security, we're at risk, except when we're not, we're fighting a global war which doesn't take priority over all the other things the government is doing to the point of requiring serious mobilization.

Do you not see the internal contradictions here, and how trying to insist that both sides of the contradiction are true can drive a government mad?
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Re: Radical American Cleric Anwar al-Awlaki Killed

Post by TheHammer »

Simon_Jester wrote:
TheHammer wrote:Yes the next person could be ANYBODY :roll:

The idea of Awlaki somehow being a domino that will lead to us to oppression is among the most retarded slippery slope bullshit arguments there is. As argued ad nausem, Awlaki was a unique circumstance. And the very fact that so many people are making such a big deal about killing someone like Awlaki should tell you that this is not going to become a common occurence.
Ham, the problem isn't "ANYONE COULD BE NEXT INCLUDING YOUR GRANDMOTHER!"

The problem is that this sets a precedent. Precedent matters in law.
And the precedent set in this case is that if you openly join up with a terrorist organization and operate from foreign soil you may be subject to hellfire missle. I have no problem with that. The NY Times article referenced earlier shows the deep review that this situation went through. It seems the real concern is that somehow this criteria would be expanded to include anyone and everyone the government "doesn't like" and I simply don't buy it. If and when that happens, then I'll eat crow on it.
Sooner or later, we will face a domestic political force which destabilizes the political system. There will be big protests, lots of kooky rhetoric flying around, and a violent fringe to the movement. We know this will happen in the future because it has already happened, more than once, in the history of the republic.

It happened in the '90s with the militia movement. It happened in the '60s with race riots, campus radicals, and antiwar demonstrators. It almost happened in the '30s with politics of every color under the rainbow, because of the sheer misery of Depression-era conditions. It happened around 1900, with the Progressives being opposed to the trusts and financial crashes of the 1890s, and the anarchists and Reds wanting to overthrow everything and start fresh. It happened before, about every 30-40 years. It will happen again. When (not if, when) it happens again, one thing will have changed.
Again, we aren't talking about a domestic political force here. So its not apples-apples comparison. If the fear is that this list will someday encompass domestic groups, then thats an entirely separate debate. If you are wondering where I draw the line, that's where it is.
The US government will have a history of killing American citizens affiliated with groups that claim to have "declared war" on the United States and which spout 'dangerous rhetoric.' It will not feel a need to wait for those citizens to take up weapons against the government, to engage in overt, lethal attacks.

Instead, the fact that the group has "declared war" (what is the definition of a private group's declaration of war?) on the status quo, and is associated with killers (even lone nut killers) is enough to make any member of the group an outlaw. The government may kill the outlaw at any time it pleases, if it feels that person is dangerous enough to justify an assassination. Danger does not mean danger of actual attacks committed by this person. A man who says things that make others want to attack can be this dangerous. Someone that a violent terrorist views as a mentor is a priori dangerous enough to kill.
This was more about location than affiliation. If he were domestic, he could be arrested and charged for inciting terrorism. However he was on foreign soil recruiting/training/planning whatever you want to call it. His situation was such that capture was not feasible. But he could not be allowed to continue his function in Al Qaeda.
Once the decision has been made, and this person has been identified as a dangerous radical, there is no trial, no appeal. There is only the Hellfire missile from the drone.

This is way the law stands, if you accept that killing al-Awlaki is something the US government should have the power to do. Because this is the reasoning used by the US government to make the attack in the first place. If you support doing it this time, it's hard to see why you don't support doing it again in the future, whenever the US is at any risk of violent, politically motivated acts from any source, foreign or domestic.
Awlaki had the option to surrender and face trial. Again, as noted in the NYT article, capture was the preference for the Administration. In lieu of that, killing him was the next best equivalent to rob the enemy of a valuable resource. Article notes he had already avoided capture on more than one occaision.
So the question is indeed "who's next?" Al-Awlaki is supposed to be a unique case, though I'm told there are other American citizens on that assassination list. But Al-Qaeda will not be the last organization in the world which the US government dislikes. What happens during the next round of civil unrest, at the violent fringe of that movement? If the US government has permission to kill the people a domestic terrorist cites as his mentors, how far will they go?
You are over simplifying. I will point out that Samir Khan, also an American but much more on the propganda side had not been put on the list. He was killed as collateral damage, and as far as collateral damage goes I'm not shedding tears over him either. Point being the criteria isn't nearly as flimsy as "kill people who mentor domestic terrorists".
You can assure us that the government won't want to go very far. This does not make the answer "as far as they want" very reassuring, in light of some of the tactics the government has used before- the FBI's attempts to use agent provocateur tactics on terror suspects in the US, the history of Red-baiting, illegal wiretapping, and fabrication of allegations used in the '20s and the '60s, and so on.

What would someone like J. Edgar Hoover be like if he knew he could get away with simply having "dangerous radical hatemongers" killed, without trial?
It seems to me men like J Edgar Hoover never bothered to be fully restrained by laws anyway. Any power has potential to be abused. I can't offer you any reassurances in that regard. For what its worth I would like to see a law written to clarify situations such as Awlaki. It would make things "cleaner" in a legal sense. But ethically, it really wouldn't change anything for me.
Will this lead to the "death of the republic?" Beats me. But I'm very sure that if this kind of thinking, which you seem to endorse, becomes widespread and popular, the next round of civil unrest in the US will see a drastic escalation in the kind of oppression and violence used by the state's security forces to squash the unrest. American people are more likely to die, more likely to be "disappeared," more likely to be tortured, because of all these contorted efforts to turn anyone on our Very Bad Men list into a diabolical villain that we can treat as we please.

We're at war, except when we're not, we're fighting for freedom, except when freedom has to be sacrificed for security, we're at risk, except when we're not, we're fighting a global war which doesn't take priority over all the other things the government is doing to the point of requiring serious mobilization.

Do you not see the internal contradictions here, and how trying to insist that both sides of the contradiction are true can drive a government mad?
Simon, I don't happen to believe in the idea that Awlaki had the right to enjoy the priveleges and protections of the very same government he sought to destroy through violence. This situation was more of a failing in the law to account for a situation like this to strip a person of citizenship and treat them the same as any other member of Al Qaeda. Again, if and when something like this is used to target domestic groups, then I'll be concerned. But it's not going to happen. I feel like I'm simply repeating myself at this point and answering the same things addressed different ways, so I'll just close with that. If anyone happens to have a new point I'll be glad to address it.
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