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Re:NYTimes Sues US For Refusing To Reveal Secret Interpretat... by andylei on Monday October 10, 2011 @07:07PM (#3096277)
so let's say it's world war ii and i'm a us citizen. i get on a boat to germany and join the german army. do you think a us soldier is not allowed to shoot me because the constitution allows me a trial before "execution"?
Re:NYTimes Sues US For Refusing To Reveal Secret Interpretat... by gyardley on Monday October 10, 2011 @08:05PM (#3096456)
No, it's not considered murder to kill a wartime enemy in compliance with the laws of war.

The parent is probably referring to the drone strike in Yemen that successfully killed Anwar al-Awlaki, a US citizen. Here the issue isn't his death, but the process leading to it.

The circumstances surrounding al-Awlaki's death might be legally justifiable - apparently there's a 50-page DoJ memorandum arguing that it was. I'm certain the 'wartime enemy' argument was used.

However, the public will never know if the death of al-Awlaki was justifiable, because that memorandum is secret. The executive order that led to al-Awlaki's death is secret - the Obama administration is refusing to discuss any US involvement. The evidence that informed the executive order leading to al-Awlaki's death is secret.

I'm not a naïf. I'm prepared to concede that under certain quite rare and specific circumstances, it might be justifiable for the US government to kill a US citizen without full due process - I'd choose that, say, over a nuke going off in Manhattan. But there must be some judicial oversight.

At the moment, we have no idea how many US citizens the president has ordered killed - and because the details behind these are 'state secrets', normal checks and balances against the abuse of power do not apply.

I've got no sympathy for al-Awlaki, but this is as good a definition of tyranny as any.

Re:NYTimes Sues US For Refusing To Reveal Secret Interpretat... by donohoe on Monday October 10, 2011 @10:48PM (#3096853)
In addition, it seems certain US states think its okay to execute it citizens even when it looks like they are probably innocent...
Re:NYTimes Sues US For Refusing To Reveal Secret Interpretat... by CamperBob on Monday October 10, 2011 @08:16PM (#3096493)
No, let's not say it's World War II, because it isn't.