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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Oct 3, 2011 / 6 Tishrei, 5772

Can We Legalize Assassination?

By Arnold Ahlert




http://www.JewishWorldReview.com | While it is wonderful for America that terrorist savage Anwar al-Awlaki has been dispatched, thoughtful Americans should be concerned with what appears to be an unprecedented expansion of executive power: the ability to order the execution of an American citizen without a whit of due process. Mind you, this is not a conservative versus liberal thing, or at least it shouldn't be. I don't think any president of any political persuasion should have that kind of power. What to do? To begin, some legal background and then a proposal.

First, the argument against the execution of an American citizen without due process. These are the Articles from Bill of Rights section of the Constitution that have apparently been violated:


  • Article 5: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury;"

  • Article 6: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."

  • Article 8: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."



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Now I understand that bringing up inconvenient truth as it were puts me in some pretty dicey company, namely on the side of a hard-left organization like the ACLU, an unindicted co-conspirator and terror apologist organization like CAIR, or people like radical leftist Rep. Dennis Kucinich, (D-OH) and oddball Rep. Ron Paul (R-TX). But Kucinich gets to the meat of the issue. "Mr. al-Awlaki's allegedly violent rejection of America was not acceptable in any way," he said. "Neither is it acceptable to trample the Constitution through extrajudicial killings."

Is there a counter-argument? Try this from the Legal Information Institute:

Title 8: Aliens and Nationality, Chapter 12: Immigration and Nationality, Subchapter III: Nationality and Naturalization, Part III: Loss of nationality, Section 1481: Loss of Nationality by Native-born or Naturalized Citizen; Voluntary Action; Burden of Proof; Presumptions:

          (a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality-

          (1) obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or

          (2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years; or

(3) entering, or serving in, the armed forces of a foreign state if

          (A) such armed forces are engaged in hostilities against the United States, or

          (B) such persons serve as a commissioned or non-commissioned officer; or (4)

          (A) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years if he has or acquires the nationality of such foreign state; or

          (B) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years for which office, post, or employment an oath, affirmation, or declaration of allegiance is required; or

(5) making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or

(6) making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense; or

(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, or willfully performing any act in violation of section 2385 of title 18, or violating section 2384 of title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.

          (b) Whenever the loss of United States nationality is put in issue in any action or proceeding commenced on or after September 26, 1961 under, or by virtue of, the provisions of this chapter or any other Act, the burden shall be upon the person or party claiming that such loss occurred, to establish such claim by a preponderance of the evidence. Any person who commits or performs, or who has committed or performed, any act of expatriation under the provisions of this chapter or any other Act shall be presumed to have done so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of the evidence, that the act or acts committed or performed were not done voluntarily.

I italicized number 7 because that is the most persuasive argument that Awlaki had forfeited his citizenship. In case some are wondering, I didn't italicize (a) (3) (A), because al-Qaeda is not an armed force of a foreign state (which is why, incidentally, the Geneva Convention doesn't apply to these thugs either).

Yet there is one question that remains unanswered: does the forfeiture of one's citizenship make one eligible as it were for assassination? Assuming for a moment that it does, doesn't that forfeiture, at the very least, require some sort of due process? Or are we wiling to confer some previously unknown power to a gaggle of legal "experts," or the Commander-in-Chief? National Review's Kevin D. Williamson reveals where that could take us:

"Running with the ball we passed him, Obama and his administration now insist on the president's right not only to order the assassination of U.S. citizens, but to do so in secret, without oversight from Congress, the public, or anybody else. Barack Obama today claims powers that would have made Julius Caesar blush."

Is there another way to go about this, that satisfies all concerned? I believe there is: trial and conviction in absentia. Constitutionally speaking, every defendant has the right to be present at their own trial. But that presence is not absolute. In 1973, in Taylor v. United States the Supreme Court wrote the following:

"Petitioner effectively waived his right to be present at his criminal trial by voluntarily absenting himself therefrom through failure to return to the courtroom after the morning session of the first day of trial, and the Court of Appeals properly applied Fed.Rule Crim.Proc. 43 and affirmed the conviction, it being unnecessary to show that petitioner knew or had been expressly warned by the trial court not only that he had a right to be present, but also that the trial would continue in his absence, and thereby effectively foreclose his right to testify and to confront personally the witnesses against him."

I make no claims of legal expertise, but it would appear that our government could post public notices of its intention to try an American citizen who is suspected terrorist, giving said suspect the opportunity to show up in court and defend himself. Someone like Awlaki would obviously pass up that opportunity, since he would be taken into custody. The court could then conduct a trial, issue a verdict and a sentence. Then, if the president decides to take out an American citizen-turned-terrorist, such an assassination would have the full weight of law behind it.

Which beats the hell out of giving any president the same power as Tony Soprano.

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Previously:


09/29/11:
Tim, Liz and Bev Equals Moe Larry and Curly
09/26/11: No Acknowledgment of Israel? No More Money
09/19/11: ‘Jobbing’ America
09/16/11: Carville knows a few things about ‘crazy’
09/12/11: Contemptible Krugman
09/09/11: Solving the 9/11 Invitation Controversy
09/06/11: Our Progressive Economic Wrecking Crew
09/01/11: Summer Swoon
08/29/11: The Real American Fanatics
08/24/11:The Five Stages of (Progressive) Grief
08/22/11:The Inevitable Descent From Progressivism to Nihilism
08/22/11: Perry Stands Firm. Obama Stands Mute
08/15/11: Give Me a Flatscreen TV, or Give Me Anarchy!
08/11/11: Resign, Mr. President
08/08/11: Facts? We Don't Need No Stinkin' Facts
08/03/11: Manufactured Crises
08/01/11: Stay Healthy, America --- or else!
07/28/11: Existential Crisis, Part 2
07/25/11: Three-Out-of-Four Americans Are Radicals
07/21/11: What Does Two Plus Two Equal?
07/18/11: News Nuggets
07/13/11: The ‘Write Stuff’
07/11/11: Completely Expectable ‘Unexpectedness’
07/07/11: Organized Cheating
07/05/11: Stimulating Disaster
06/30/11: Progressivism Masquerading as Education
06/27/11: America: Greece With Better PR
06/23/11: NBC-ya Later
06/19/11: One Man's Conversation About Race
06/10/11: An Exhibitionist in an Exhibitionist Age
06/07/11: NAACP Betrays Black American Schoolchildren
06/02/11: For the First Time in My Adult Life . . .
05/31/11: If I Were President
05/25/11: California Dreamin'
05/23/11: On Wisconsin!
05/20/11: Obama's Farewell to Israel Speech
05/16/11: ‘Krauthammering’ Amnesty
05/11/11: Bounce, My Backside
05/09/11: The Epicenter of Progressive Contempt for the Rule of Law
05/03/11: SEALing Osama's Fate
05/02/11: The Education plantation
04/24/11: The Bell May Toll for Jersey Toll Collectors
04/19/11: From Medical Dependency to Dependency on the Welfare State
04/14/11: Trumping the Debate
04/06/11: It Takes a Bigot to Expose a Death Cult
04/04/11: Charlie and Snookie --- and Barack
03/30/11: ‘Disabling’ America, One Lawsuit at a Time
03/28/11: The MSM Kills the ‘Kill Team’ Story
03/23/11: Another Military Scandal
03/21/11: Barry, Joe, Helen and Wisconsin Teachers
03/16/11: The Inevitable Viability of Conservatism
03/14/11: Progressives in Their Own Words
03/09/11: $61 Billion in Cuts --- Vs. $223 Billion in One Month of Spending
03/07/11: Bean Bag B.S.
03/02/11: A ‘Green’ Catastrophe in the Making
02/28/11: Ain't Noting Like the Real Thing
02/23/11: Progressive Rot vs. the ROTC
02/21/11: Wisconsin: Progressivism in All its Ugly Glory
02/18/11: News reporters --- or Narrative Shapers?
02/16/11: The Presidents Budget Proposal: An Obamination of Progressive Profligacy
02/14/11: Only Another 9/11 Will Alter the Illegal Immigration Status Quo
02/10/11: Is O'Reilly losing his touch or is he just irresponsible?
02/07/11: Tossing Britain Under the Bus
02/03/11: Starving the World In Order to Save It
01/31/11: Walking the Middle East Tightrope
01/27/11: Small-scale Terrorist Attacks: Big Strategy?
01/24/11: Jeffery Immelt: A Crony Capitalist In Charge of Job Creation
01/20/11: An ‘Intimate’ Prime-time Interview
01/17/11: Progressives: Always Angry, Newly Desperate
01/12/11: Twain vs. the Totalitarians
01/10/11: Politically Correct Passports?
01/05/11: Showdown at the Fiscal Corral
01/03/11: Reading the Constitution Aloud is a Good Start
12/30/10: Getting Our Moral Mojo Back
12/27/10: PC Airport Safety is an Oxymoron
12/23/10: Getting America Back On Track
12/20/10: A Collectivist Coalition of Convenience
12/15/10: The President Who Wasn't There
12/13/10: Tech-No!
12/08/10: A Lethal Military, Inclusive or Not
12/06/10: The ‘Unexpected’ Consequences of Progressivism
12/01/10: Leakers and Losers
11/29/10: ‘We Won’, Part One
11/22/10: Keep Your Hands Off My Constitution
11/17/10: Grope and Change
11/14/10: Taking Back Our Country, One School At a Time
11/11/10: Checks (and Balances), Please
11/08/10: Curtain Up, Progressives Down
11/04/10: Last Chance, Republicans
11/01/10: By Their Own Words Shall Ye Know Them
10/28/10: Progressive Determination to Undermine American Elections
10/25/10: Shock, but more importantly, action: De-Unionize Public Schools now
10/20/10: Multiculturalism? Check, Please
10/18/10: Healthcare: ‘Alice in Wonderland’ vs. The Constitution
10/11/10: Vote for Restoring the Rule of Law in November
10/11/10: Dems: Running From Clarity
10/07/10: Hypersensitive Hogwash
10/04/10: ‘Comprehensive’ Con Artists
09/29/10: Why Dems Are Going Down in November
09/27/10: The Unholiest of Unholy Alliances
09/22/10: Two Words for Republicans to Remember: ‘I Won’
09/20/10: Purging ‘Me First’ Politicians
09/17/10: No More ‘Lesser of Two Evils’
09/15/10: ‘Recovery’ Arms Race
09/13/10: ‘Bigots’ in the Majority --- Again?
09/09/10: Giving Voters Something to Vote For
09/07/10: Irresponsible Dems, Incomprehensible Bills
09/02/10: War Weary Americans vs. Implacable Islamists
08/31/10: A ‘Dream’ Debased
08/25/10: American ‘Bigots’ Versus Media Propagandists
08/23/10: Recovery Bummer
08/19/10: An Unholy Alliance of Radicals
08/16/10: You've Lost America, Mr. President
08/13/10: The Twin Towers of Progressive Disconnect
08/11/10: A Far Better ‘National Discussion’
08/09/10: It's ‘Only’ One Dead Nun
08/06/10: Incremental Tyranny
08/04/10: Ground Zero Mosque: Context Counts
08/02/10: The Arizona Ruling: a Gift for November
07/29/10: The United Cities of America
07/26/10: JournoList: ‘Coordinated’ Ideological Bankruptcy
07/20/10: Go For Broke Or Get Out of the Way
07/14/10: You're a Liberal/Progressive if You Believe…
07/12/10: $33-an-hour--For Sleeping On the Job
07/08/10: Extortionist Government
07/06/10: ‘Commerce Clause’ Totalitarians
07/01/10: Another Public School Travesty in MA
06/30/10: Calling YOUR Bluff, Mr. President
06/28/10: A Trifecta of Progressive Corruption
06/23/10: Plug the Darn Hole --- In Our Border
06/21/10: Our Empty-Suit-in-Chief
06/16/10: Betraying Our Children
06/14/10: Who Gets the Benefit of the Doubt?
06/07/10: Politically Correct Warfare
06/01/10: Bill Maher's ‘Black’ President
05/25/10: A Mosque At Ground Zero
05/23/10: Libs Stand Tall --- For Mexico
05/19/10: The 'Unintended Consequences' of Liberalism
05/17/10: 'Los' Suns: Stuck on Stupido
05/12/10: Union Audacity: Yes We Will!
05/10/10: Greeks, Leaks and and Double-Speak
05/05/10: Twelve Million Illegals --- or Thirty?
05/02/10: Republicans: Playing Not to Lose Doesn't Cut It
04/28/10: Arizona: Progressivism's Waterloo?
04/26/10: Son of Amnesty
04/22/10: Mortgages and Moral Meltdowns
04/20/10: Bashing Christians — Or Gays?
04/15/10: Personal Integri-‘tea’
04/12/10: Fools, Tools and Ghouls
04/08/10: (Tea) Party On
04/05/10: The Triumph of Mediocrity
04/02/10: Two For the Road
03/29/10: The Innate Immorality of Liberalism
03/24/10: The Art of War
03/22/10: I Want My Country Back
03/18/10: A Perpetual Process
03/17/10: American Exhibitionists
03/15/10: A Light Bulb Moment of Clarity
03/10/10: Little Things Mean A Lot
02/03/10: Budgetary Fork in the Road
02/01/10: Liberal Economic Illiteracy
01/27/10: ‘Roe-ing and Wade-ing’ Back to Reason
01/25/10: Arrogance When Up, Denial When Down
01/20/10: Connecting the Educational Dots
01/19/10: The Next Tea Party?
01/15/10: The Myth That Keeps on Giving
01/13/10: Airport Security Begins Away From the Airport
01/11/10: Secrets and Lies
01/08/10: Embracing Bigotry — or Rejecting Bullying?
01/06/10: Hanging by an Ideological Thread
01/04/10: Our ‘Wonderama’ Bureaucracy
12/30/09: A Day Off
12/28/09: Dangerous Myths
12/25/09: I, Me, Mine
12/23/09: A Very Harry Christmas
12/21/09: My Opinon
12/18/09: The Party of Repeal
12/15/09: Privileged Exemption
11/30/09: ‘Settled’ Science and Unsettled Children
11/30/09: American Sharia Law
11/23/09:The Trial (Travesty) of the Century
11/04/09: American Vampires and Their Political Enablers
11/01/09: ‘Opting Out’ of Insanity?
10/28/09: Cell Phones Cause Brain Cancer. Brain Required
10/26/09: Communism: Nazism With Better PR
10/21/09: Just Asking
10/16/09: Cost Projections vs. Actual Costs, or Hope and Change vs. Reality
10/14/09: News you can use …
10/07/09: Incremental Insidiousness
10/05/09: MIA: Common Sense and Common Decency
09/30/09: Iran: Bad Options and Unpreparedness
09/21/09: Crying Racism: the Last Refuge of Scoundrels
09/11/09: 9/11 Cannot Be Sanitized
09/08/09: ‘Truthers’ and Consequences
09/01/09: A ‘Paper Trail’ Challenge for the Mainstream Media
08/31/09: Drowning in Amorality
08/26/09: The Republican Recovery Program

© 2011, Arnold Ahlert

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