Of please, this isn't a battlefield, don't throw strawmen in about that. This is about the President having the ability (or claiming to have) to unilaterally execute a US citizen without trial or any sort of oversight.
This is about a battlefield. Given the conflicts of today, what do you define as a battlefield? I think you and I would answer that differently. This is a conflict where the battlespace is amorphous. If Osama was hiding in Pakistan, Yemen, or Sudan, would it be OK to drop a GBU-24 on him? Is that part of the battlefield? Then why not Awlaki? If he is directing these jihadist to attack targets, is it still just talk? Osama never strapped a bomb to his chest.
So this is a military matter, properly, and not just a law enforcement issue. The cleric works for the bad guys. This is not some guy who is ranting at some gathering here, but an individual who has moved to a country where he has some sanctuary to conduct operations ("psy ops" at a minimum to possibly directing enemy actions). Are we just to let this guy be because he fled jurisdiction and we cannot get to him to impose arrest?
We are talking about capturing or killing a US citizen who has aligned himself with, and actively supports (and probably plans for) our enemies. Allowing Awlaki the freedom of movement making speeches putting his blessings on killing of Americans is tantamount of aid and abetting him. He needs killing, the sooner the better. This is not a LE issue, it is armed conflict, and he's chosen his side.
...some randome bullshit about executive orders...
First, is this even legal? SCOTUS or someone would have to decide. That's beyond you or me. Unlimited power to execute any US citizen without oversight? Sounds un-Constitutional to me.
That certainly would be unconstitutional, but despite your zealous spin, that's not what we're talking about here. It's not UNLIMITED power and it's not ANY American citizen.
Where has anyone said the president has unlimited power to kill any US citizen? Nobody has, you know it, and you're just full of hyperbole and acting silly. Obviously Obama and his army of lawyers and advisers have determined that 1) he has some power to make a targeted strike in foreign land in the GWOT against 2) a US citizen who is a traitor to his country by joining her enemy while giving full effort toward killing Americans.
Second, IANAL, but at a minimum, a real trial that follows US law (no kangaroo courts like at Gitmo). A real defense lawyer, a real judge. Real proof, not just hearsay. Just like if you were accused of murder, you would get all privileges of the justice system, so should he. No exceptions.
That's off the top of my head, but would at least be a starting point.
Right. You may want to give him his Miranda rights, assign him 13 lawyers, and drag him out in court... if and when it was even possible to ever bring him in. But in my mind, and apparently many others, he's an enemy combatant who he gave up any rights when he became a traitor. His actions render him eligible for a revocation of his U.S. citizenship, per Title 8 United States Code Sections 1481 (a)(2) and 1481 (a)(7). Since I do not see this as an assassination of a citizen, but the targeting of an enemy combatant, I do not view your question as valid. Capture if you can, kill if you must, but stop him.
