TCTI: Too Crazy Too Ignore
 Dave Ross
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The memo asserts that the United States - as part of its right to defend itself - can target al Qaeda operatives wherever they may be if they pose an imminent threat. (AP Photo/File)

This might be bigger than skeet shooting

BY Dave Ross  on February 6, 2013 @ 5:52 am (Updated: 6:08 am - 2/6/13 )

In 2011, a U.S. drone flying over Yemen, fired a missile and blew up alleged terrorist Anwar Al Awlaki.

"I could not reconcile between living in the U.S. and being a Muslim," Al Awlaki had said.

He was a radical Muslim - accused of inspiring the Times Square bomber, and the underwear bomber who tried to bring down a plane over Detroit.

But he was also an American citizen.

His demise is back in the news because of a Justice Department memo just disclosed by NBC.

The memo asserts that the United States - as part of its right to defend itself - can target al Qaeda operatives wherever they may be if they pose an imminent threat.

But it also states that defining someone as an imminent threat "does not require the United States to have clear evidence that a specific attack on US persons and interests will take place in the immediate future."

Which would seem rather broad.

The White House doesn't think so but look who does - on the left, MSNBC host Ed Schultz, "This document gives the president the ability act as judge, jury and executioner. I'm troubled by it."

And on the right, Fox's Sean Hannity, "Killing them without allowing any legal recourse, no safe guards in place?"

Hannity, I think it's fair to say is no fan of legal rights for terrorists.

It's one of those strange moments when voices on the right and on the left seem to be in agreement.

They seem to have noticed that in time of war, the law is not so much etched in stone as sketched in the clay of justice department memos - and interpreted in a way that justifies whatever action you've already decided to take.

Dave Ross, KIRO Radio Talk Show Host
Dave Ross is co-host of The Ross & Burbank Show on KIRO Radio (weekdays 9-Noon) and never too far from the spotlight.
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  • Chuck Gould wrote...
    Jose' Padilla, anybody?
    February 6, 2013 8:31 am
    Jose' Padilla, a US citizen, was arrested in *CHICAGO, ILL* (hardly considered a foreign combat zone, except by certain political extremists), in 2002. He was originally detained as a material witness (and not afforded access to an attorney) and about a month later he was declared an "enemy combatant" by George W. Bush. Bush declared that he was not entitled to a trial in civilian courts, and Padilla was kept in a military prison, without access to an attorney, for 3 1/2 years. He was subjected to sleep deprivation, being shackled in stressful positions, and large doses of psychotropic drugs.

    The original accusation against Padilla was finally dropped, and the charge reduced to "criminal conspiracy". He was finally tried in a civilian court, (a move all but violently opposed by the rw talk-o-sphere of the day), found guilty, and sentenced to 17 years in prison.

    All the while the Padilla situation was going down, there was a non-stop rally on the right supporting GWB's "hard line against terrorism". Some of the most hateful thoughts ever expressed about Islam, Muslims, were offered as justifications, back then, for the total disregard for the rights of this American citizen arrested on American soil.

    Point being: Shame on those right wing hypocrites who rallied behind GWB when *he* trampled the Constitution but now feign offense when BHO does the same.

    Bush was wrong with Padilla. Obama was wrong with this latest case. Sometimes it isn't easy, convenient, or expedient to remember the God-given rights of Americans as outlined in the Constitution. Sometimes people will abuse those rights to perpetrate a crime, but abridging those rights is a crime of its own, and maybe even a crime of greater magnitude.

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  • HLC wrote...
    Hey chuck he was arrested, charged and found guilty.
    February 6, 2013 9:47 am
    Obozo has to do none of these. All he has to do is think the person wants to do us harm, then boom. Big difference.
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  • Chuck Gould wrote...
    HLC, no big difference, really
    February 6, 2013 10:41 am
    Jose Padilla was denied his rights as an American citizen under the Constitution. Bush assumed authority to declare American citizens "enemy combatants" and hold them indefinitely, without access to legal counsel, and without trial. Remember when Obama was running the first time? One of the biggest criticisms of Obama by his political opponents is that he would be willing to try American citizens accused of terrorist acts in civilian courts instead of a military tribunal.

    Yeah, one guy is in prison and the other guy is dead. They both are or probably were bad actors. That's not the point.

    The reality is that as American citizens we are supposed to have inalienable rights. Both Bush and Obama have assumed authority to abrogate those rights in the interest of "national security". This must stop.

    How long before somebody decides that being a registered Democrat (or Republican) makes an American a "risk to national security"? We Americans have the power to appoint representatives to make our own laws, and therefore we must only be subject to the laws we make, not Presidential whims.

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  • AtheisticallyYours wrote...
    There is STILL A WAR ON!
    February 6, 2013 10:55 am
    In case anyone forgot, there is STILL A WAR ON, and the United States of America IS INOLVED IN IT! Against who? A little known TERRORIST organization known as, "Al-Qaeda"! Since they have this wierd obsession with blowing up Americans without any regards to "legal due process", I fail to see why America should hold ANY "Al-Qaeda associate" (or full-on MEMBER!)-whether American citizen or NOT!) to OUR "legal safeguards". This terrorist organization, all its members, and "associates", and the countries that they reside in, need IMMEDIATE VAPORIZATION off the planet! PERIOD! More power to the President and the use of AS MANY PREDATOR DRONES AS IT TAKES to vaporize EVERY "Al-QAIDA" terrorist and associate off the planet! The sooner, the better!
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  • CldWtrSrf wrote...
    AtheisticallyYours...
    February 6, 2013 12:28 pm
    Are you talking about the same Al Qaeda that is run by the CIA/Pentagon/White House? That Al Qaeda? The ones that Obama gave Libya after he blew it all to pieces? Those guys? The very same Al Qaeda that the Obama administration is providing material support to in Syria? Oh yeah, that Al Qaeda...the big bad boogie man that is hiding in my pants and shoes at the airport. Those supper scary guys that "our" government (occupied by criminals) uses to blow up the Middle East while also using them to steal our Rights at home. TOOL.
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  • DesertRez wrote...
    It's pretty simple to me
    February 6, 2013 12:32 pm
    You have rights as an American citizen including due process. Put on the uniform of an enemy we are at war with and you forfeit those rights. The shady part comes in where we are at in a state of continuous war with an enemy that wears no uniform and respects no borders. In that case you take the more conservative approach.
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  • Paul Kersey wrote...
    and of course, when you say "the conservative approach"
    February 6, 2013 2:01 pm
    you do mean that we should err on the side of individual liberty rather than the side of centralized authority. Right?
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  • SeattleD wrote...
    If the Republicons get their way
    February 6, 2013 6:27 pm
    and Obama is denied the ability to kill U.S. "citizens" who have joined al Qaeda or other terrorist organizations, then terrorist organizations will just make sure all their future leaders will be born on U.S. soil. They do think long term after all.
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  • AKAF wrote...
    Good point..minus
    February 6, 2013 10:56 pm
    the party affiliation. If this was Bush doing this four years ago then Democrats would be crying...along with Foxnews.
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  • ron prevost wrote...
    Hmmmmmmmmmmmmmmm
    February 7, 2013 6:14 am
    Let's see. .. Is it more of a threat to have al Qaeda making figure head leaders out of American citizens ? ....... OR, is it more of a threat to have a president who can be judge, jury and executioner of any American citizen (and, I would suppose, anyone else in the world) at any time - without any restraints ???

    Nice to know that some would allow an American president to reduce himself to the level of a terrorist. .. As Walt Kelly once spoke through Pogo - "We have met the enemy, and they is us."

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  • WorkingStiff wrote...
    U.S. Citizen?
    February 7, 2013 1:58 pm
    Listening and reading the statements Al Awlaki made appear to me that he renounced his citizenship and declared war on the US. I do not understand how we keep referring to him, and the others who have taken the same course of action as U.S. citizens.
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  • SeattleD wrote...
    I agree with you stiffy, Awlaki renounced his citizenship
    February 7, 2013 8:31 pm
    Here is the guy ron prevost thinks should have had a constitutional shield protecting him:

    http://www.foxnews.com/politics/2011/09/30/us-born-terror-boss-anwar-al-awlaki-killed/

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