Anwar.

This is coolbert:

I had a feeling this sort of thing was going to come up at some point. The Obama administration, having made the decision to fight the global war on terror [GWOT] as a criminal matter, acts of terrorism being tried in a civilian court as common criminal infractions, the ability of the military to target and kill unlawful enemy combatants who are American citizens has become severely restrained?

Consider the case, announced just the other day. That of the terrorist suspect, Anwar al Awlaki. An American natural born citizen. A man now targeted for capture or killing.

"Anwar al-Awlaki: Is it legal to kill an American in war on terror?"

"Anwar al-Awlaki is an American hiding in Yemen . . . In fighting the war on terror, the Obama administration has put him on the kill-or-capture list."

"[this particular case] raises an important legal question: Is it legal in the war on terror for the US to target an American citizen?"

"The answer probably is yes, says Mike Newton, a law professor at Vanderbilt University. If the US could prove that Awlaki is a 'direct participant' in a conflict – terrorist operations against the US, for example – then killing Awlaki would probably pass legal muster, he says."

PROBABLY - - PROBABLY - - PROBABLY!! Only probably. There is not a body of case law or precedent in such matters?

Normally, under a peace-time status, an American [or American person for that matter - - almost anyone subject to American jurisdiction - - even an illegal alien] CANNOT be punished, have life or limb or property taken away without DUE PROCESS!! Meaning "a day" in court, the ability to confront witnesses against you or accusers, see evidence used against you, etc.

There is now [and has been for some time] a "committee", a set of protocols, etc., for deciding the cases of such persons as Anwar. An American citizen, accused of terrorism or affiliation of a group such as Al Qaeda, subjected to targeting as part of the on-going GWOT!

[a pilot of a Predator UAV firing a Hellfire missile from a remote location or a Special Operations troop firing a sniper rifle from a half mile or more distance also does not have the time, the inclination, or the ability to play the role of identification expert either. An armed terrorist on the ground, whatever the nationality, becomes fair game in almost all cases, their "case" having been determined or not!!]

Presumably Anwar could very well contest this decision by the Obama administration? As an American citizen, natural born, Anwar would be full within his rights to do so? But would be very hesitant to return to the U.S. as part of the legal process?

Hundreds of years ago in England, they had what was called the "Star Chamber". Very high governmental officials would meet in secret, review evidence against an accused, determine guilt or innocence, and pronounce judgement!!

The "Star Chamber" is nowadays a metaphor for authoritarianism. The Obama Administration is trying to find a means to combat unlawful enemy combatants without resorting to draconian methods, but is finding "the going" difficult??

coolbert.