MikeM. at Confederate Yankee ("Because liberalism is a persistent vegetative state.") still has a liberal friend (or two).
Money quote(s):
"(H)e was also exercised that al-Awlaki, an American citizen, was not given a proper civilian trial before being executed. Irony challenged, my acquaintance.
As to Awlaki's citizenship, the facts are clear. Awlaki was an American citizen, but a citizen who took up arms against America. We know this because he explicitly told us, many times, that he was at war with America. We know that he was a top enemy commander and that he was directly involved in the planning and execution of attacks against America, American interests and Americans, attacks resulting in American deaths, the Fort Hood attack being only a single example.Arguably, this would make Awlaki guilty of treason, and if captured, he could be tried for that offense. However, capture and trial were not required for one very powerful and well understood—legally speaking—reason: we are at war.
It is hard for most Americans to understand this simple fact: we are at war and have been since at least the first attack on the World Trade Center on Feb. 26, 1993 and probably since the Islamic takeover of Iran in late 1979. Because most Americans have to make no sacrifice, because the ongoing war does not disrupt or directly affect their lives in any way, the very concept of war seems a matter of semantics, a debating topic, not a deadly, personal or national reality. We will almost certainly be at war for a generation or more. We may not consider ourselves to be at war with our Islamist enemy, but he does not share our peaceful convictions.
In war, our declared enemies may be killed whenever and wherever they are found. This simple fact does not change because of the nationality of the enemy. This too is a well-settled fact of law. There are no clear demarcation lines on a worldwide battlefield. Americans have, in past wars, gone over to the side of America's enemies and have as a result become indistinguishable from any other enemy soldier or leader. We have killed them when necessary and captured them when possible. When captured they were tried by military commissions." (Bold typeface added for emphasis. - CAA.)
These are facts, stated plainly and without adornment. It pains me how many of my fellow citizens, even some of my FS colleagues, seem not to understand them.
"Some have suggested that due to the unique nature of our current world wide conflict, the Congress should enact standards for stripping Americans of citizenship so that they may be killed without trial when acting as an enemy of America, but this is unnecessary and likely designed to impede rather than assist America in her war fighting efforts. American and international laws and standards are quite clear on all of the issues involved and have been since the early 1900s."
Standards already exist for expatriation (i.e., loss of citizenship) as part of the public law, incorporated as part the Immigration and Nationality Act of 1952. I'm sure I don't understand why this hasn't been utilized, but I'm not sure it's ever even been considered in cases like these. Perhaps the legal bar is simply too high, would provide a public soapbox for avowed enemies of the U.S. as they (or their lawyers; i.e., lawfare) appealed such measures, and it's purely simpler (and just as legal) to kill them.
10/2
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