Execution of American-born cleric raises questions

The assassination by drone of American-born Muslim cleric Anwar al-Awlaki in Yemen raises questions that should disturb anyone who holds the rule of law as essential to protecting individual rights and limiting the arbitrary power of government. The Obama administration alleges that al-Awlaki committed a variety of bad acts, but the key word is “alleges.” We are taught that no one may be jailed, much less executed, on the basis of mere allegations. This goes back at least as far as the Magna Carta in 1215 and is echoed in the Fifth Amendment to the U.S. Constitution: “No person shall be … deprived of life, liberty, or property, without due process of law.”

Yet al-Awlaki was targeted for assassination by the executive branch of the U.S. government without indictment, trial, or showing of guilt beyond a reasonable doubt. President Obama acted as cop, judge, jury and executioner all in one.

One should note that the Fifth Amendment is not restricted to citizens. Over the last decade, the U.S. government has killed many foreigners with missiles fired from aerial drones on the basis of unproven assertions and hearsay, but it took the assassination of an American citizen to get the public’s attention. (A second American, editor Samir Khan, was also killed in the strike on al-Awlaki’s convoy.)

The allegations against al-Awlaki are vague. Until recently he was said to have “inspired” people who went on to commit or attempt acts of violence. These people include Faisal Shahzad, the would-be Times Square car bomber; Umar Farouk Abdulmutallab, the failed “underwear bomber” on a plane over Detroit; and Major Nidal Malik Hasan, the mass shooter at Fort Hood. But as Glenn Greenwald points out, the U.S. Supreme Court on two occasions (Brandenburg v. Ohio and NAACP v. Claiborne) ruled that speech advocating or “inspiring” violence is constitutionally protected.

It is only recently that the Obama administration has alluded to al-Awlaki’s connection to the al-Qaeda attacks on Sept. 11, 2001. But this is suspect because, as Greenwald notes, right after 9/11 al-Awlaki was seen as a moderate (still in the United States) and was asked to participate in government-sponsored meetings.

The Obama administration insists that al-Awlaki was, not merely an inspirational cleric, but a figure with operational authority in al-Qaeda in the Arabian Peninsula. Yet, again, this is merely an allegation never proven in a court of law, where evidence can be scrutinized independently and witnesses cross-examined. As the Associated Press reported, “The White House refused to offer evidence of al-Awlaki’s role in terrorism.”

Was al-Awlaki the mastermind the administration suggests he was? Middle East scholar Gregory Johnsen wrote before the assassination, “Contrary to what the Obama administration would have you believe, he has always been a minor figure in Al Qaeda.”

But, some will say, holding the Obama administration to the standards of criminal justice is incorrect, because terrorism is not a crime. It’s an of act war. Even if we accept that dubious claim for the sake of argument, many problems arise. There is no congressional declaration of war, which the Constitution requires. (Past violations cannot justify new violations.) Some advocates of unilateral executive action find authority in Congress’s post-9/11 Authorization for the Use of Military Force, but that doesn’t get them where they want to go. The AUMF states,

“That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on Sept. 11, 2001, or harbored such organizations or persons.”

Al-Awlaki does not fall into this category. Moreover, his killing did not occur on a “hot” battlefield. He was in Yemen, whose president is an ally of the U.S. government. Why didn’t Obama ask that he be turned over or send in a force to arrest him? (Hundreds of terrorist suspects have been tried in American courts, and a good percentage have been convicted.)

Oddly, Obama refuses to tell the American people by what authority he ordered the execution, just as he refuses to release any evidence. Apparently, in the administration’s view, that’s none of the public’s business.

Is this any way to run a republic?

Sheldon Richman is senior fellow at The Future of Freedom Foundation (www.fff.org).

Latest News

Legal Notices - November 6, 2025

Legal Notice

The Planning & Zoning Commission of the Town of Salisbury will hold a Public Hearing on Special Permit Application #2025-0303 by owner Camp Sloane YMCA Inc to construct a detached apartment on a single family residential lot at 162 Indian Mountain Road, Lakeville, Map 06, Lot 01 per Section 208 of the Salisbury Zoning Regulations. The hearing will be held on Monday, November 17, 2025 at 5:45 PM. There is no physical location for this meeting. This meeting will be held virtually via Zoom where interested persons can listen to & speak on the matter. The application, agenda and meeting instructions will be listed at www.salisburyct.us/agendas/. The application materials will be listed at www.salisburyct.us/planning-zoning-meeting-documents/. Written comments may be submitted to the Land Use Office, Salisbury Town Hall, 27 Main Street, P.O. Box 548, Salisbury, CT or via email to landuse@salisburyct.us. Paper copies of the agenda, meeting instructions, and application materials may be reviewed Monday through Thursday between the hours of 8:00 AM and 3:30 PM at the Land Use Office, Salisbury Town Hall, 27 Main Street, Salisbury CT.

Keep ReadingShow less
Classifieds - November 6, 2025

Help Wanted

Weatogue Stables has an opening: for a full time team member. Experienced and reliable please! Must be available weekends. Housing a possibility for the right candidate. Contact Bobbi at 860-307-8531.

Services Offered

Deluxe Professional Housecleaning: Experience the peace of a flawlessly maintained home. For premium, detail-oriented cleaning, call Dilma Kaufman at 860-491-4622. Excellent references. Discreet, meticulous, trustworthy, and reliable. 20 years of experience cleaning high-end homes.

Keep ReadingShow less
Indigo girls: a collaboration in process and pigment
Artist Christy Gast
Photo by Natalie Baxter

In Amenia this fall, three artists came together to experiment with an ancient process — extracting blue pigment from freshly harvested Japanese indigo. What began as a simple offer from a Massachusetts farmer to share her surplus crop became a collaborative exploration of chemistry, ecology and the art of making by hand.

“Collaboration is part of our DNA as people who work with textiles,” said Amenia-based artist Christy Gast as she welcomed me into her vast studio. “The whole history of every part of textile production has to do with cooperation and collaboration,” she continued.

Keep ReadingShow less