
Anwar al-Awlaki, American citizen condemned to death without a trial.
For all I know, “radical Muslim cleric” Anwar al-Awlaki has done something deserving of a death sentence — but that’s what the judicial process is supposed to determine. In America we have the principle of “innocent until proven guilty,” but instead, the National Security Council has condemned this man to death based on secret evidence.
Here’s what the British newspaper the Guardian presents as the reasoning behind the decision.
“Awlaki has been accused of encouraging terrorism in his sermons and writings. … He has been linked to Major Nidal Malik Hasan, the army psychiatrist accused of killing 13 people at Fort Hood, Texas, in November, and to Umar Farouk Abdulmutallab, the Nigerian charged with trying to blow up a Detroit-bound airliner on Christmas Day. …
“The decision to place Awlaki on a hit list took place this year… as U.S. counterterrorism officials judged he had moved beyond inciting attacks against the U.S…. to participating in them. ‘The danger Awlaki poses to this country is no longer confined to words,’ an official told the New York Times. ‘He’s gotten involved in plots.’”
The New York Times adds this detail.
“American counterterrorism officials say Mr. Awlaki is an operative of Al Qaeda in the Arabian Peninsula…. They say they believe that he has become a recruiter for the terrorist network, feeding prospects into plots aimed at the United States and at Americans abroad.”
So we have the word of anonymous officials that al-Awlaki is an “operative” and “recruiter” for Al Qaeda who has “gotten involved in plots.” It’s not even a question of being asked to take their word for it — the decision to target al-Awlaki was made weeks ago, and might never have been announced publicly if journalists hadn’t done a little digging.
Of course the CIA “hit list” is nothing new, as we’ve seen in numerous drone strikes in Iraq, Afghanistan, Pakistan and Yemen dating back to 2002. The only advantage al-Awlaki got as an American citizen was that his death sentence was approved at the highest level, in a National Security Council review.
al-Awlaki is “linked to” two terrorist plots, one successful, one not. In the case of the Fort Hood shootings, the link seems to be limited to an exchange of emails. In the case of the Christmas bombing attempt, he allegedly met with Abumultallab in Yemen and helped recruit him into the mission. He also says hateful things in his sermons that encourage others to resort to violence — but even Rush Limbaugh has been accused of that.
Even if he directly aided and abetted the two plots mentioned — by suggesting specific targets, for example, or by supplying materiel — it isn’t clear this would earn him a death sentence in a U.S. courtroom. In the Oklahoma City bombing case of 1995, Terry Nichols got off with life in prison for helping Timothy McVeigh to assemble his bomb. In any case, the charges against al-Awlaki have yet to be proven in court.
al-Awlaki with his thick beard, foreign-sounding name, and militant Islamism may not be a sympathetic figure to most Americans, but it might be helpful to remember this famous principle from the Nazi era.
“They came first for the Communists, and I didn’t speak up because I wasn’t a Communist. Then they came for the Jews, and I didn’t speak up because I wasn’t a Jew. … Then they came for the Catholics, and I didn’t speak up because I was a Protestant. Then they came for me, and by that time no one was left to speak up.”
al-Awlaki may very well be a security risk to the United States, if he is indeed part of a network that recruits, trains and arms terrorists. But the thing is, nothing has been proven. All we have is the word of anonymous officials, whose judgment we’re supposed to trust.
All U.S. citizens are entitled to the protections of the U.S. Constitution, which was designed as a check on the arbitrary use of power. Condemning someone to death without a trial, in a Star Chamber proceeding with secret evidence, is just that — an arbitary use of power.
Those who cheer this decision because it involves a “radical Muslim cleric” might ask themselves how they would feel if the same thing were to happen on American soil. Should the National Security Council approve “targeted killings” of groups like the Hutaree Militia, who allegedly plotted to kill a police officer and bomb his funeral?
I think we’re on a slippery slope here. America has to stick to the rule of law, no matter how inconvenient it may sometimes seem.