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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." RECEIVE LIBERTY LOVING COLUMNISTS IN YOUR INBOX … FOR FREE! Every weekday NewsAndOpinion.com publishes what many in the media and Washington consider "must-reading". HUNDREDS of columnists and cartoonists regularly appear. Sign up for the daily update. It's free. Just click here. 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. Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. Comment on JWR Contributor Arnold Ahlert's column, by clicking here. 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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