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Judge dismisses targeted-kill program lawsuit

By Reuters
Tuesday, December 7, 2010 11:33 EST
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A judge on Tuesday dismissed a lawsuit that sought to halt the Obama administration’s program to capture or kill Americans who joined militant groups abroad.

The lawsuit was filed by civil liberties groups on behalf of the father of Muslim cleric Anwar al-Awlaki, a U.S. citizen who joined al Qaeda in Yemen and has been tied to plots against the United States.

U.S. District Judge John Bates dismissed on jurisdictional grounds the lawsuit, which aimed to halt the program and reveal the criteria the Obama administration set for targeting someone.

Bates said the plaintiff lacked legal standing to bring the case and that his claims presented an issue that cannot be decided by the courts, requiring dismissal of the case.

Administration officials have refused to officially confirm that the program exists, although U.S. officials have said the CIA has been given the green light to capture or kill al-Awlaki.

“The serious issues regarding the merits of the alleged authorization of the targeted killing of a U.S. citizen overseas must await another day or another (non-judicial) forum,” Bates concluded in his 83-page ruling.

The cleric, who was born in New Mexico and lived in Virginia until leaving the country shortly after the September 11, 2001, attacks, has been sought by Yemeni authorities, who also want to capture or kill him.

U.S. officials have described al-Awlaki as having a leadership role in al Qaeda in the Arabian Peninsula. In addition to communicating with the U.S. Army major who gunned down 13 at a military base in Texas last year, he has issued Internet videos and writings to urge attacks against the United States.

The al Qaeda affiliate has said it was behind the plot by a Nigerian man who tried to blow up a U.S. airliner on Christmas Day 2009 with a bomb hidden in his underwear. The group also said it was involved in a more recent plot to send package bombs via U.S. cargo carriers.

(Reporting by Jeremy Pelofsky and James Vicini; editing by Will Dunham)

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  • http://pulse.yahoo.com/_PERXL7QX24UGNVTL7WFUCMBNII Aqua Regia

    The Courts, like the Congress, have surrendered to the power of the Executive. We have no system of checks and balances. We are an oligarchy with a replaceable figurehead.

  • Anonymous

    I’m curious. How does the father of someone being targeted for extra-judicial killing not have standing? Also, how does the U.S. government suddenly declare itself free from judicial review?

    Does just declaring someone a leader of a terrorist organization without proof suffice in this “democracy” now? What is there to stop the government from declaring me part of some terrorist organization for my anti-government opinions posted on the website? Without judicial review, there isn’t any.

    If the law doesn’t equally apply to everyone, even people like Anwar al-Awlaki, it’s not a right but a privilege; a privilege that can be withdrawn at any time depending on the whims of our leaders. That is not democracy; that is tyranny.

  • kcidymkcus

    So now its ok to kill an american in Yemen. Next it’ll be also ok in Germany, Canada and central america.

  • Anna’s CIA Contact

    Yes, but can we kill an Australian in the UK?

  • Anonymous

    “His claims presented an issue that cannot be decided by the courts.”

    Pretty much says it all, doesn’t it?

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  • Anonymous

    Well, it’s US law is obviously privileged. Bushco commits war crimes=no penalty. Banksters commit widespread fraud=no penalty. Obama protects war criminals and commits his own war crimes=no penalty.
    Assange commits journalism=US tries to figure out a way to criminalize him (or just kill him).
    US law enforcement is only for the little people.

  • Anonymous

    Moments like this I imagine a little old man sitting in front of the TV in his ranch going “hehehehe”.

  • Anonymous

    Well said. This is a sad time for America’s Democracy.

  • Anonymous

    Apparently this judge never read the FIRST AMENDMENT. Or the Fourteenth. And apparently no U.S. president believes in the possibility of karma.

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