"The notion that the government can, in effect, execute one of its own citizens far from a combat zone, with no judicial process and based on secret intelligence, makes some legal authorities deeply uneasy."
Oh snap! Talking about Awlaki - the New Mexican born American citizen responsible for attacking Great Satan in recent months like Ft Hood and the Xmas Day bumbling bomber.
Deeply uneasy attorneys need to man up, overcome their risible inner ethical wrestling match and get on a war footing like State Dept legal eagle and newest Drone Gone Wild! fan Harold Koh.
"The making of U.S. foreign policy is infinitely harder than it looks from the ivory tower. Why?
"Because, as lawyers, we are accustomed to the relatively orderly world of law and litigation, which is based on a knowable and identifiable structure and sequence of events. The workload comes with courtroom deadlines, page limits and scheduled arguments."
True! The real world is unlike academia.
"American citizenship doesn’t give you carte blanche to wage war against your own country. If you cast your lot with its enemies, you may well share their fate.”
This is exactly correct with the happy benefit of being true.
Ideally, the ideal deal would be a swift capture followed by an agonizing period of uncomfortable uncomfortableness, a fast trial and a '1st class hangin'. "
Yet what if the traitor in question is hidden far far away in combat free, sunny climes?
Drones Gone Wild? A magical hit team from any one of Great Satan's upgunned all weather hunter killer teams?
Either way is fine.
It. Doesn't. Matter.
Traitors are currently defined as Americans who enlist, aid, fight for or benefit old school nation states and old school militaries. Like Tokyo Rose or Benedict Arnold.
Authorities deeply uneasy about annihilating Americans who flee to foreign lands for the magical haj to embolden, encourage and exhort enemies to kill fellow Americans should consider Alwaki as a modern day Lord Haw Haw or Axis Sally.
Pic “If we need to stop dangerous terrorists who hide in remote parts of the world, inaccessible to U.S. troops, law enforcement, or any central government what do you do — cover your ears and wait for a truly devastating explosion in Times Square?”