Oral Arguments Tomorrow in Samir Khan Case

The family of a member of al Qaeda and self-described "traitor" is suing the the US saying his "constitutional rights were violated." The DOJ has filed a motion to dismiss the case, and oral arguemnts are tomorrow.

A good preview of the arguments and background info on the case can be found at the Lawfare Blog.

As much as the ACLU likes to describe the case in the vaguest of generalities and in the grandest and most outlandish slippery slope fashion, we need to remember that this case involves specific people in a specific context.

One can describe this as "the targeted killing of American civilians without judicial review" and be completely accurate, but also completely misleading.

The specific people involved were the head of al Qaeda in the Arabian Peninsula's (AQAP) external operations arm, Anwar al-Awlaki, one of Awlaki's sons, and Samir Khan, the head of AQAP's propaganda arm -- a self-described "traitor" (see above and recall that Khan himself edited the magazine the image is from) and a guy who personally called for my death and the death of my wife and children.

So, excuse me if I take this personally but .... it's as personal as it gets!

The context in which the al-Awlakis and Khan were killed matters, too. They weren't at home in suburban Charlotte (where Khan was from) sipping beers and minding their own business when they were killed. They were in Yemen as leaders al Qaeda.

Did I mention they were leaders in .... al Qaeda?

You can't just stop by the Awlaki residence in Yemen and then bring them to federal court. You can't ask the Yemeni authorities to first catch them and then extradite them to the US. There's no functioning government in Yemen and what passes for "government" in that country doesn't control most of it's own territory.

You can't "indict" leaders of al Qaeda living in lawless countries and expect any kind of results.

You have to kill them. There's just no other alternative.

If the ACLU has a better idea how to handle it, I'd like to hear it. Because so far all I've heard is a bunch of bellyaching about the way we treat terrorists without any real advice as to how we could do it better.

Posted by: Rusty at 04:14 PM


1 People who are raised in a cult of death know only one thing: death, the giving and the taking. It's up to us to make sure we give them all the death they want, until they either stop doing what we don't want them to do, or they are all dead. There's no other options.

Posted by: Moshe Ben Avram at July 18, 2013 04:45 PM

2 "If the ACLU has a better idea how to handle it, I'd like to hear it."
Oh, but they DO have a better idea how to handle these sorts of icky thingies! Letthe terroristsoperate in a safe, stress-free and OSHA-approved environment........

Posted by: MtTB at July 18, 2013 04:48 PM

3 I find that I can't believe anything these Muslims or the ACLU says. My biggest problem is that I don't believe anything the government says either.

Posted by: Greyrooster at July 18, 2013 05:19 PM

4 Agreed, agreed, and agreed.

Posted by: EROWMER at July 18, 2013 07:08 PM

5 Greetings:

Alternative 1: My Oyrish Granmama is the judge and she says, "Nice things happen to deserving people, boy-o."

Alternative 2: DoD bills the family for the cost of the missile.

Posted by: 11B40 at July 18, 2013 07:51 PM

6 Americans who joined the Waffen-SS got blown up and shot.

They also got executed after they surrendered.

Posted by: Kristophr at July 18, 2013 09:43 PM

7 Once in a while, I actually agree with Greyrooster. In this case I think he hit the nail on the head.

Given what this miscreant in office has campaigned on, I really don't know what to make of anything he says. I used to think John Kerry was a big flip-flopper, but Obama is much worse. So while I'm not sorry to see Samir Khan droned to death, I don't feel very sanguine about allowing this president to continue deciding cases like this on his own.

Even though the Khan case was open-and-shut obvious, I'm sure there are plenty more that were not. And as such I just don't know how much we can trust this, or any other, president to do the right things.

Posted by: Gork at July 19, 2013 06:16 AM

8 Self proclaimed traitor.

Guilty. Nothing left to do but execute the sniveling shit.

Posted by: plimptoclkl at July 19, 2013 07:22 AM

9 Obama can kill an American citizen/traitor with a drone and not even be involved in a sucker punching MMA type assault, where's the justice?

Posted by: obsidian at July 19, 2013 10:38 AM

10 Technically, Awlaki's son wasn't a leader. He was a 16 year old idiot who decided to look for his dad in an area filled with drones.

Posted by: John at July 21, 2013 02:53 PM

11 I'd call for the death of his wife and kids but what's a couple of more goats in the grand scheme of things?

Posted by: sluggo at July 21, 2013 05:53 PM

Processing 0.0, elapsed 0.0056 seconds.
15 queries taking 0.0041 seconds, 19 records returned.
Page size 10 kb.
Powered by Minx 0.7 alpha.