The Secret Al-Awlaki Memo by Scott Horton

[Jefferson23]

Oct.3, 2011

The Washington Post reveals that the Obama Administration secured a legal opinion from the Justice Department stating that the president has the power to authorize a strike abroad to kill an American citizen who is believed to be a leadership figure in Al Qaeda in the Arabian Peninsula (AQAP). Drawing on this authority, President Obama authorized the strike that killed Anwar al-Awlaki and several others, including a second U.S. citizen, Samir Khan, the editor of AQAP’s web magazine, Inspire, on Friday morning. The major questions following al-Awlaki’s death are simple: Why has the Obama Administration failed to make public its rationale for the strike, including the considerations that led it to the conclusion that it can use lethal force against a U.S. citizen under such circumstances? And why has it kept the Justice Department memorandum a secret? I discussed these questions last night on RT:

video at link: http://www.harpers.org/archive/2011/10/hbc-90008264

[no limit]

1. Well if the justice department says it's legal then it must be legal.

And I'm sure that's exactly how Obama felt about the whole torture thing during the Bush administration.

[Demeter]

2. Who signed it? John Yoo?

[Jefferson23]

5. If Dawn Johnsen were in the OLC, she would not write such a thing imo.

On the other hand, the Obama administration did not take the advice of the OLC here :

On Libya, President Obama evaded rules on legal disputes, scholars say


snip* Are drone strikes 'hostilities'?
In this case, administration officials say, the OLC — backed by Holder — concluded that sustained U.S. support for the NATO campaign against Libya, as well as some of its elements — including U.S. drone strikes — amounted to "hostilities" as defined by the Vietnam-era War Powers Act.

http://www.msnbc.msn.com/id/43474045/ns/politics-white_house/t/libya-president-obama-evaded-rules-legal-disputes-scholars-say/

This too: Obama Throws OLC Under the Bus
In a remarkably rare event, President Obama has chosen to reject the legal opinion of the Office of Legal Counsel (OLC) on the subject of his responsibilities with respect to the War Powers Resolution (WPR)
http://jonathanturley.org/2011/06/19/obama-throws-olc-under-the-bus/

I am looking forward to seeing how this OLC advised him, and what he ignored/evaded if anything.

[OnyxCollie]

13. I read Dawn Johnsen's congressional testimony re: secret government.

It leads me to believe that the reason the Obama administration didn't push harder to get Johnsen in was that they didn't want her.

[Jefferson23]

14. Well from what I have read there was not much of a fight to keep her, but

it is even more telling when Obama's administration ignores the OLC he has presently too.

[mike_c]

3. Nixon said it best....

"If the president does it, it's legal."

Oh, wait....

[chill_wind]

4. From WAPO

"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."

Hmmm.

[Demeter]

6. The Technical Term is "Shredding the Constitution"

[chill_wind]

7. With Secret OLC Memos.

Where have we heard of that doctrine before?

[Jefferson23]

8. I think this is naive to even imagine this story will go away..he may

never answer but that won't change the determination of many, Scott Horton is only one of them.

[JDPriestly]

9. Thanks for posting this.

At the very least, Obama should explain what lead him to his conclusions. Most of us don't know anything about this Alwaki guy. We just know that what was done is not provided for in our Constitution. There is just no way that the Constitution can be interpreted to give the president this authority. Anyone could be declared by authorities to be a member of any group. If there is no forum, no court to assess the evidence, mistakes if not outright lies could lead to the killing of innocent people. This is shameful.

Even if the guy was the most dangerous person on the planet, this act was inexcusable.

[Jefferson23]

15. You're very welcome JD. n/t

[COLGATE4]

16. +1

[KoKo]

10. K&R...

[xocet]

11. K & R n/t

[xchrom]

12. recommend

[grasswire]

17. kivk

and a heartfelt thanks to Harpers Magazine

[walerosco]

18. K & R