The Justice Department wrote a secret memorandum authorizing the lethal targeting of Anwar al-Aulaqi, the American-born radical cleric who was killed by a U.S. drone strike Friday, according to administration officials.
The document was produced following a review of the legal issues raised by striking a U.S. citizen and involved senior lawyers from across the administration. There was no dissent about the legality of killing Aulaqi, the officials said.
“What constitutes due process in this case is a due process in war,” said one of the officials, who spoke on the condition of anonymity to discuss closely held deliberations within the administration.
The administration has faced a legal challenge and public criticism for targeting Aulaqi, who was born in New Mexico, because of constitutional protections afforded U.S. citizens. The memorandum may represent an attempt to resolve, at least internally, a legal debate over whether a president can order the killing of U.S. citizens overseas as a counterterrorism measure.
The operation to kill Aulaqi involved CIA and military assets under CIA control. A former senior intelligence official said that the CIA would not have killed an American without such a written opinion.
A second American killed in Friday’s attack was Samir Khan, a driving force behind Inspire, the English-language magazine produced by al-Qaeda in the Arabian Peninsula. An administration official said the CIA did not know Khan was with Aulaqi, but they also considered Khan a belligerent whose presence near the target would not have stopped the attack.
The circumstances of Khan’s death were reminiscent of a 2002 U.S. drone strike in Yemen that targeted Abu Ali al-Harithi, a Yemeni al-Qaeda operative accused of planning the 2000 attack on the USS Cole. That strike also killed a U.S. citizen who the CIA knew was in Harithi’s vehicle but who was a target of the attack.
The Obama administration has spoken in broad terms about its authority to use military and paramilitary force against al-Qaeda and associated forces beyond “hot,” or traditional, battlefields such as Iraq or Afghanistan. Officials said that certain belligerents aren’t shielded because of their citizenship.
“As a general matter, it would be entirely lawful for the United States to target high-level leaders of enemy forces, regardless of their nationality, who are plotting to kill Americans both under the authority provided by Congress in its use of military force in the armed conflict with al-Qaeda, the Taliban, and associated forces as well as established international law that recognizes our right of self-defense,” an administration official said in a statement Friday.
President Obama and various administration officials referred to Aulaqi publicly for the first time Friday as the “external operations” chief for al-Qaeda in the Arabian Peninsula, a label that may be intended to underscore his status as an operational leader who posed an imminent threat.
A Justice Department spokeswoman declined to comment. The administration officials refused to disclose the exact legal analysis used to authorize targeting Aulaqi, or how they considered any Fifth Amendment right to due process.
Robert Chesney, a law professor at the University of Texas at Austin who specializes in national security law, said the government likely reviewed Aulaqi’s constitutional rights, but concluded that he was an imminent threat and was deliberately hiding in a place where neither the United States nor Yemen could realistically capture him.
Last year, the Obama administration invoked the state secrets privilege to argue successfully for the dismissal of a lawsuit brought in U.S. District Court in Washington by Aulaqi’s father, Nasser, seeking to block the targeting of his son. Judge John Bates found that in Aulaqi’s case, targeting was a “political question” to be decided by the executive branch.
The decision to place Aulaqi on a capture or kill list was made in early 2010, after intelligence officials concluded that he played a direct role in the plot to blow up a jet over Detroit and had become an operational figure within al-Qaeda’s affiliate in Yemen.
“If you are a dual national high in the Japanese operational group responsible for Pearl Harbor, you’re not exempt, and neither was” Aulaqi, the administration official said.
The American Civil Liberties Union and the Center for Constitutional Rights argued on behalf of Aulaqi’s father last year that there is no “battlefield” in Yemen and that the administration should be forced to articulate publicly its legal standards for killing any citizen outside the United States who is suspected of terrorism.
Otherwise, the groups argued, such a killing would amount to an extrajudicial execution and would violate U.S. and international law.
“International human rights law dictates that you can’t unilaterally target someone and kill someone without that person posing an imminent threat to security interests,” said Vince Warren, executive director of the Center for Constitutional Rights. “The information that we have, from the government’s own press releases, is that he is somehow loosely connected, but there is no specific evidence of things he actualized that would meet the legal threshold for making this killing justifiable as a matter of human rights law.”
ACLU lawyer Ben Wizner said that Aulaqi had been targeted for nearly two years and that the government would appear to have a very elastic definition of imminent threat.
The former senior intelligence official said the CIA did reviews every six months to ensure that those targeted for possible killing remained threats as defined by law and presidential findings.
The administration describes al-Qaeda in the Arabian Peninsula as an associated force of the original terrorist group that was led by Osama bin Laden until he was killed, making AQAP subject to congressionally authorized military force. Officials said Aulaqi was part of an enemy force and posed an ongoing, immediate danger.
A British High Court determined Friday evening that the arrest of Raed Salah, the leader of the Islamic Movement in Israel’s Northern Branch, upon landing in the United Kingdom two months ago, was illegal, and as such, Salah is eligible to receive compensation from the state.
The Birmingham court will convene on Monday to discuss Salah’s appeal of his deportation order and ban on entering the country.
Salah was released from detention after two weeks, but his movements in London have been restricted since that time.
The Islamic Movement expressed satisfaction at the court’s decision and said that it proved that Salah’s arrest was due to a political witch-hunt against him, resulting from pressure exerted on the British government by the “Zionist lobby” to quash Salah’s voice.
Salah was arrested at the hotel he was staying at after returning from a lecture that he delivered in Leceister on June 29. Although Salah is permitted to leave the country, he has claimed ever since that his arrest is unjustified and has expressly stated on multiple occasions that he intends to fight the edicts in court.
A week after Salah was originally arrested, a London court dismissed his first appeal of the decision to arrest him and deny him entry to the country. His insistence on appealing a second time has borne fruit.
Al-Awlaki And Those Who Crazily Bleat About His "Due Process Rights"
The Constitution of the United States, and especially the Bill of Rights contained in the first 10 (or more exactly, first eight) amendments, flatly contradicts, in letter and spirit, the Shari'a, that is the Holy Law of Islam. This does not prevent Muslims in the United States from becoming quite adept at invoking, and exploiting in any way they can popular misunderstandings about, what the Constitution permits the government to do. Look at the ACLU, and what it takes an interest in, and how many of its personnel turn out, nowadays, to be Muslims determined to further the cause of Islam, and not terribly interested in the survival of the Constitution, or for that matter of the Universal Declaration of Human Rights.
You will not be surprised to learn that Ron Paul, too, is greatly alarmed and outraged by the killing of Al-Awlaki. Presumably, if only Al-Qaeda recruited even more Americans,American forces would not be allowed to kill them but only to try -- in the most hellish circumstances -- to capture them and bring them back to the United States for trial. The absurdity and impossibility of this is obvious to all those who are not fellow-travellers, like Ron Paul -- the reasons for his behavior can be understood if you recognize his longstanding antipathy to Israel -- and to Defenders of the Faith, so many of whom now have jobs, and important ones, at the ACLU.
Leon Panetta was having none of this, Al-Awlaki, he said, was taking part in a war against the United States, against Americnas. .He gave instructions on the justification for murdering Americans to Major Nidal Hassan, who faithfully carried out what Al-Awlaki suggested. He urged others to do, and recruited and trained the Nigerian who has entered history as the underpants bomber.
Would an American found fighting for the Nazis, or a whole regiment of American citizenss found fighting for the Nazis, be immune from kililng by American soldiers or American agents because that was an "unconstitutional" thing to do? It's absurd.
Al-Awlaki, and any Musilm who engages in a war against the United States, whether a citizen or not (and it hardly matters, given the sole loyalty to Islam that not only the "extremists' but all Muslims are supposed to show, and to obey man-made Infidel laws only when these do not conflict with the Sharia, or when they must do so to further, prudentialy, the long-term interests of Muslims, and of Islam. They are permitted to make an outward show of compliance, to "smile, and smile, and be a villain," if that display of Taqiyya or Kitman prevents Infidels from grasping the nature of Islamic beliefs, or the attitudes, inculcated in Islam, of Muslims who are faithful to the Total Belief-System that is Islam.
He's dead. And Samir Khan are dead. And there are many others who, while they prefer to conduct Jhad using methods that are less sensational and no doubt more effective, should never have been allowed to enter this country, to live in this country , to settle deep behind what they are taught in Islam to regard as enemy lines, the lines delineating Dar al-Islam. The large-scale presence of such people in this country, or in any of the Infidel lands, has for the indigenous non-Muslims and for the non-Muslim immigrants (including those fleeing persecution in Muslim lands) has created a situation of unpleasantness, expense, and physical insecurity that would not exist without a large-scale Muslim presence.
Nothing is immune from being turned into a weapon of Jihad, and that includes the deliberate misreading of the Constitution, and the attempt to make it, as Mr. Justice Jackson said we are not obligated to make it, into "a suicide pact. "
Jihad El-Khazen Offers A Perfect Example Of The Hysterical Hate Directed Not Only At Israelis, But At All Non-Muslims Who Refuse To Yield To Muslim Demands
Ayoon Wa Azan (I Tell the Terrorist and His Government That All of the Land Belongs to Palestine)
Wed, 28 September 2011
The Palestinian application for full membership of the United Nations will remain in safe hands, or two safe hands to be precise, those belonging to Lebanon’s Ambassador Nawaf Salam, the President of the Security Council until the end of the month. After that, well, we’ll cross that bridge when we get to it.
I became tearful as I heard Abu Mazen delivering his speech on behalf of Palestine in the General Assembly last week, and so did Nawaf. While a man may adopt any posture he likes, tears are more honest, and the Lebanese ambassador came across as a patriot as I know him to be, while Benjamin Netanyahu came across as a liar and an international terrorist, also as I know him to be. The Israeli impostor claimed that Hezbollah controls the Lebanese government, and that subsequently, a terrorist organization is heading the body responsible for ensuring security around the world.
I say that Hezbollah is a national liberation movement confronting Israeli terrorism, Nazism and racism, and that Israel is the biggest threat to world security. The president of the council, meanwhile, is an Arab from Lebanon and he hails from a well-known family, and is not a Khazari immigrant who changed his family name like Netanyahu, because he is a mongrel like every Israeli Prime Minister before him. It is a fact that each and every one of them had changed his or her family name.
After Abu Mazen’s speech, I went with Nawaf Salam to the office of the President of the Council. He summoned some members of the Secretariat for consultation on dealing with the Palestinian application. If he could have, he would have gathered the members in the afternoon to hand them the application. However, that was impossible since the 15 member states must be notified in advance of the time and reason for the meeting.
Thus, the Council met on Monday and received the application, and it was decided that the application would be considered on Wednesday, where I believe it would probably be referred to the Membership Committee composed of one representative from each member state of the Security Council. I know that the President will also seek to hold another meeting of the Security Council to discuss this issue this week, before Lebanon’s presidency expires.
Nigeria will succeed Lebanon as President of the Security Council next month, and it along with Gabon are supposed to be among the African group that unanimously endorsed the Palestinian application. However, the United States is putting immense pressure on both countries, and also on Bosnia. The United States is attempting to convince the Palestinians that they will not get a majority of nine votes in the Council otherwise required for their application to be passed, at which point the U.S. would be compelled to cast its veto to overturn it. The United States does not want for this to happen so as not to infuriate the Arabs and Muslims further against the Obama administration, although it is impossible to fool them with the outcome of a vote against the Palestinians. For one thing, this can only happen under American pressure, i.e. a stance that backs the occupation, killings, and terrorism, and yet dares tell the Palestinians that international resolutions do not create a homeland, and that the only way forward is through negotiations.
The Palestinians have been engaged in peace talks since 1993, without achieving anything. Perhaps they would have succeeded in the nineties, were it not for the terrorist Netanyahu who served as Prime Minister of Israel between 1996 and 1999. He thus ruined the chance for peace before Bill Clinton could make a breakthrough in his second term, a breakthrough that would have culminated with the establishment of the State of Palestine on 22 percent only of Palestinian land. [fascinating to recall that it is Israel (that is, Mandatory Palestine which existed solely in order to become the Jewish National Home, that is Israel) that was left, after the unilateral action at the Cairo Conference by the British, who closed all of Eastern Palestine off from the provisions of the Mandate that pertained to Jewish immigration and settlement], I say to the terrorist impostor and his government and the settler rabbis that all of the land belongs to Palestine, from the Sea to the River, and they are nothing but murderers and thieves. I say to President Obama, as well, that he achieved nothing through negotiations, from early 2009 until near the end of 2011, and will not achieve anything either.
As The Tempest is a "romance" and largely fantasy, featuring goddesses, witches, goblins and sprites, there is a tendency to receive it almost as one might a fairy tale. (Collington, 84) That would be to short-circuit critical faculties when they are most needed. To give this problematic text such benefit of the doubt is surely to confer a doubtful benefit. As we deal with issues of growth and maturity, these cannot be responsibly addressed if we allow ourselves to encounter them in the manner of "once upon a time." more>>>
I stopped feeding the unicorn and looked at our Armenian manuscript translator in some surprise.
“Hashtag Hayastan Hambartsum Hashtagian, you worry needlessly,” I chided gently, “if there was a problem with our spiritual or worldly purity then I am sure that the Churchmen in our party would have mentioned it to me before now.” more>>>
I had had enough of Islam and all its works last week and decided to attend and report on something a bit more uplifting. So after attending my own church's Harvest Festival last Sunday my husband and I went to the City of London Guildhall for the Harvest Festival Parade of the Pearly Kings and Queens of London. more>>>
I have been preoccupied of late with my day job, hence the light posting. Senior management made colossal and utterly foreseeable mistakes in a commonplace tale of human folly, known to many as the Emperor's New Clothes. As one of the little boys - in fairyland, that is - who proclaimed the nakedness of the emperor, I have been under considerable stress. I have been called a Cassandra by those with just little learning enough not to know that the noteworthy point about Cassandra was that she was right.
And the emperor has been proved naked. Even the stupid, the blind and the terminally corporate can see it. Sadly, as is so often the way, the whole affair has ended not with a bang but a whimper. My few fellow Cassandras, or little boys - age and gender are, after all, immaterial in this age of diversity - have been disappointed not to see more blood on the carpet. The emperor is gone, but has slipped out by the back door "to pursue other interests" in the namby pamby phrase. We Cassandras wanted to see him plummet past our window. Or even better, as my very British colleague put it, we wanted to see him "do the perp walk". From Wikipedia:
A perp walk, or walking the perp,[note 1] is a common custom of American law enforcement, the practice of taking an arrested suspect through a public place at some point after the arrest, creating an opportunity for the media to take photographs and video of the event. The defendant is typically handcuffed or otherwise restrained, and is sometimes dressed in prison garb
I first came across the word "perp", short for perpetrator, in Patricia Cornwell's once excellent murder mysteries. I have always liked it.
All the best Americanisms are short, homely and to the point. All the worst are long, abstract and circumlocutory. We British adopt too many of the latter and not enough of the former. We should all do the perp walk.
One of Edmund Burke's famous quotes from Reflections on the Revolution in France sums up the contemporary official attitude to architecture and planning: “I cannot conceive how any man can have brought himself to that pitch of presumption, to consider his country as nothing but carte blanche, upon which he may scribble whatever he pleases.” This is the universal versus the particular. more>>>
“Who in this audience is really content with life and has never had a fly fall into his macaroni?”
Thus would the comical 14th-century Saint Bernardino of Siena launch into one of his famously zany sermons. “You…over there…sleeping….I come here to bring you the word of God and you settle yourselves down to sleep so that I have to interrupt my sermon to wake you!” more>>>
What a dope Ford was [for having suggested that Bill Clinton should have checked into a clinic for his "sex addiction".] But his dopiness reflects a more general dopiness.
The very idea that behavior that has been going on since time began should be called an addiction and treated therapeutically, when it just the usual behavior of a large number of men -- the womanizer, tombeur de femmes, donnaiolo, okhotnik do bab -- annoys.
Not an "addict" deserving of clinical treatment or sympathy, Clinton was unseemly in his behavior, and cruel in his indifference to his victims, always chosen -- perhaps that was the best he could do -- from those far beneath him in status, and whose lives, or at least some of them, have been permanently ruined by him. That is quite unlike the womanizing of Kennedy, who picked on women his own size, women who knew what they were doing.
Ford's "sex-addiction" represents the Triumph of the Lack of Will, the Triumph of the Therapeutic. Back to Deep Biology and hormones, but that too is not an excuse, for not everyone behaves like Bill Clinton. Behavior is modified by civilization. Men -- and women -- learn to keep things in check, to make things more interesting, to slow things down, to make them part of an elaborate system. and, as well, for all kinds of reasons that make sense, to control their impulses, should they have them.
We need not mimic the cavemen. Instead of the club, or the palaeolithic come-on -- say, want to see my wall etchings? (see Lascaux, see Altamira), over time other ways have developed. In the Western world, romantic love. See Denis De Rougemont. Horace and Propertius. The troubadours. Cours d'Amour. Lancelot and Guinevere. Petrarch. Elizabethan sonnet-cycles. The 1930s tenor who rhymes "moon" and "June." The shy boy carrying the shy girl's books back from high school. The soda-fountain date, with the soda jerk watching Mickey Rooney and Judy Garland. The tango, Argentinean, Polish, Russian. The Personals Columns: "Love long walks on the Vineyard. Weekends in Umbria and Normandy. Bouley and Nobu. Pachelbel Canon by candlelight." All of it.
Clinton was more like a caveman, that's all. A smooth-talking and plausible caveman, and apparently a crowd-pleaser, but a primitive caveman nonetheless. No need to consult the Handbook of Psychiatric Disorders. The language employed in, say, 1940, or 1840, or 1740, meets the case.
MWMM, financially secure, seeks SW aged 9 to 19, for fun and fourth wifedom, to make my family life complete. Friends tell me I have smoldering come-hither looks, and am incredibly handsome; wives unanimously insist I am Ghassan Massoud look-alike. Piercing brown eyes, nicely-trimmed beard, athletic and fit. Very careful about watching what I eat. South Tehran sincerity, North Tehran income. Widely-travelled (chiefly European capitals, including Vienna and Paris, but also within Middle East) in the past, but really prefer to stay at home with a good book (last book read: Qur’an). Enjoy halal cooking. Wives 1, 2, and 3 have all won pistachio-and-honey pastry bakeoffs. Hobby: haggling for bargains with the bazaaris and haunting old bookshops (last purchase: leather-bound Qur’an with silver metalwork from Meshed). Collect old tapes of Qur’anic recitation, also examples of Qur’anic calligraphy from Qom. Secret dream: being put in charge of redecorating Andalucia as long-term project on popular television series This-Old-Dar-Al-Islam. Outgoing, solid citizen, long-time member of Oversight Council for the Guardians of Virtue. Much-decorated Revolutionary Guard and Basij veteran. Accomplished hands-on former mayor of major metropolitan area, not a thinker but a doer. Proven track record of following through on special projects, from earliest planning stage to final execution.
Unpretentious, good father, history buff (special interest: 7th century Arabia). Solid Mideastern values. Grew up on a farm outside Tehran, like to think I retain that basic rural outlook. Still passionate about most large animals (Ayatollah Khomeini’s “How to Treat Your Barnyard Animals” was favorite bedtime reading during teenage years). Famous for my irreverent humor (jokes about the weather a specialty). Adventurous in spirit, yet thoughtful and quiet in manner, with a truly global approach to the world’s problems. Strong proponent of nuclear program as environmentally-friendly alternative source of power for Iran. Believe that family, tribe, and Umma come before all else. Successful, strongly motivated, never satisfied until all goals completely achieved no matter what the sacrifices.
Hoping to find that special someone of similar background, submissive and quiet, content to be good cook and house-cleaner, happy in her chador, who cannot drive and understands that for women, even more than for men, thinking is greatly overrated.
Pet peeves: sculpture, painting, music, wine, dogs, Infidels.
Marriage first, then possibly getting to know each other, just a little bit, later.
If interested, please send picture (eye-slit only), and contact information (if under the age of 11, please include parents’ contact information) to: Office of the President, Big White Palace With The Gold Leaf Domes and Carpets and Vases and Other Stuff Inside, Islamic Republic of Iran, Tehran, Iran.
For half a century, authorities in the USSR followed an ideological policy to condemn Hebrew as a "reactionary tool" of the upper classes, the ultra-religious and Zionism. In this view, only Yiddish could be considered as the legitimate mother tongue of those "toiling masses" of Jews interested in maintaining a national existence. more>>>
A Round Table Discussion with Emanuele Ottolenghi by Jerry Gordon and Mike Bates (October 2011)
High drama occurred both inside and outside the 66th UN General Assembly Sessions on Manhattan’s East side in late September, 2011. President Mahmoud Abbas of the Palestinian Authority (PA) filed an application for full membership for the Palestinian "state" with the UN Security Council on September 23rd. more>>>
For the past year, audiences of Christians in the United States and Great Britain have been treated to an anti-Israel extravaganza, With God on Our Side. Produced by Rooftop Productions in 2010, this 82-minute movie purports to be a documentary about Christian Zionism and its impact on the prospects for peace between Israel and its adversaries in the Middle East. more>>>
Bat Ye’or, an exiled Egyptian Jew, gave up a budding career as a novelist to engage full time in chronicling the all too human experience of non-Muslims who lived as subjugated persons or dhimmi (protected persons) in lands conquered by Islamic jihad. She personally knew the perils of dhimmitude. Both she and her parents were ejected from Egypt in the wake of the Suez Crisis of 1956 more>>>
An Egyptian Jew in Exile: An Interview with Bat Ye’or
by Jerry Gordon (October 2011)
I first encountered Gisèle Littman, better known as "Bat Ye’or," through her book, The Dhimmi: Jews and Christians under Islamwhile browsing through a Judaica section of a Barnes & Noble book store in Westport, Connecticut in 1985. Reading it opened my mind to the historical evidence of the subjugated treatment of Jews, Christians and other non-Muslims under shari’a in the wake of Islamic Jihad over conquered lands. more>>>
At a dinner party recently, it was suggested to me that classical music was supposedly elitist but largely populated by composers on the left. The consequent conversation was edifying, and I thought I would share its main themes with readers of the New English Review. For stylistic reasons, I have resisted the temptation to present this article as a semi-fictionalised dialogue and have opted instead for a fairly conventional essay form, concentrating on the four composers named above. They were the ones we kept coming back to as the evening progressed. In vino veritas! more>>>
Yesterday I drove to the nearby mission hospital, an island of modern medicine in a sea of rural underdevelopment, in this unusually peaceful African country, in order to see if I still had malarial parasites in my blood. We drove through the surreal expanses of the mechanized farms, a donor driven, and so far successful project producing much food for an expanding population. more>>>
Until very recently, the role of father was one of great respect in our culture and the image of the good father was a source of societal integration or at least one of widespread social agreement. Mass entertainment, including movies and television, generally supported the idea that to aspire to being a good father, was something noble as well as commonplace and accessible. The father was loved, trusted and revered. The image of the good father was everywhere. more>>>