Tuesday, September 28, 2010
Anwar al-Aulaqi
Citing the need to protect classified information, the Obama administration has asked a federal judge to dismiss a lawsuit intended to stop the government’s attempts to assassinate a U.S. citizen overseas.
The focus of the civil case is Anwar al-Aulaqi, a U.S.-born Muslim cleric believed to be hiding out in Yemen. The American Civil Liberties Union and the Center for Constitution Rights sued the U.S. government on behalf of Aulaqi’s father, arguing it was illegal for the CIA and the Joint Special Operations Command to put Aulaqi on a capture-or-kill list of suspected terrorists.
The lawsuit claims that because the United States is not at war with Yemen, the killing of al-Aulaqi should be characterized as an illegal extrajudicial execution.
Lawyers from the Department of Justice responded to the litigation by calling on a Washington, DC, judge to throw out the lawsuit, claiming the case could not be heard without exposing states secrets.
Justice Department spokesman Matthew Miller told The Washington Post: “If al-Aulaqi wishes to access our legal system, he should surrender to American authorities and return to the United States, where he will be held accountable for his actions.”
Aulaqi is suspected of helping orchestrate al-Qaeda attacks in Yemen. He has also corresponded with Major Nidal Hasan before the Army psychiatrist killed 13 people at Fort Hood.
-Noel Brinkerhoff
Obama Invokes 'State Secrets' Claim to Dismiss Suit against Targeting of U.S. Citizen Al-Aulaqi (by Spender Hsu, Washington Post)
Secrets Cited in White House Effort to Block Suit (by Charlie Savage, New York Times)
Anwar al-Aulaqi v. Barack Obama (U.S. District Court, District of Columbia) (pdf)
Yemen Government Refuses to Support U.S. Assassination Plans (by Noel Brinkerhoff, AllGov)
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