January 26, 2010
Can the US Assassinate Anwar Awlaki?
The US is contemplating whether it is legal to assassinate Yemeni American Anwar Awlaki in Yemen. Awlaki was never indicted, charged or convicted of a crime. He is an al Qaeda recruiter, and may have taken a more operational role lately. To the extent that Awlaki is involved in planning terror attacks, taking him out would be a strategic plus. But that's not my point. My question is whether authorization that stands the test of time is even possible anymore.
As a near precedent, Kamal al Darwish, an American citizen, was killed in a predator attack in 2002in Yemen, but the target was al Qaeda leader al Harithy who was sitting next to him. But the concept of precedent and lasting authorization may be a thing of the past.
Obama's Attorney General, Eric Holder, overturned the legal findings of a previous Attorney General. And then Holder instituted legal proceedings against persons working for the federal government who followed those legal guidelines. It was the first time in US history.
If Holder determines that the US has legal justification for a hit on Awlaki, what's to say the next Attorney General won't disagree and haul the commander who executed the order into court, as an individual? That's what happened to some CIA operatives. Its no wonder officials are risk averse and dithering for a month, its a whole new world.
