This is something I posted earlier today, and put in my journal, about this issue:
AFAIK he has not been charged with treason, so delving into the
process of law required to prove treason and punish him for it if convicted is not relevant here. It's a distraction from the real issue.
The ACLU says we need more information on how a person is put on this list and I agree with that. From a Common Dreams article posted here earlier, which doesn't give a link to this ACLU statement:
"The following can be attributed to Jonathan Manes, legal fellow with the ACLU National Security Project:
"Today's report raises serious questions about the legal standards that govern targeted killings. The American public deserves to know what standard the government uses and how much evidence is required when it decides, in the name of self-defense or otherwise, to place U.S. citizens on a kill list. In order to assess the moral, legal and strategic implications of the program, the public also needs information about how the program is overseen and what its consequences are in terms of civilian casualties." "
From the NYT:
http://www.nytimes.com/2010/04/07/world/mi... As a general principle, international law permits the use of lethal force against individuals and groups that pose an imminent threat to a country, and officials said that was the standard used in adding names to the list of targets. In addition, Congress approved the use of military force against Al Qaeda after the Sept. 11, 2001, terrorist attacks. People on the target list are considered to be military enemies of the United States and therefore not subject to the ban on political assassination first approved by President Gerald R. Ford.
Both the C.I.A. and the military maintain lists of terrorists linked to Al Qaeda and its affiliates who are approved for capture or killing, former officials said. But because Mr. Awlaki is an American, his inclusion on those lists had to be approved by the National Security Council, the officials said.
From WaPo:
http://www.washingtonpost.com/wp-dyn/conte... "He's recently become an operational figure for al-Qaeda in the Arabian Peninsula," said a second U.S. official. "He's working actively to kill Americans, so it's both lawful and sensible to try to stop him." The official stressed that there are "careful procedures our government follows in these kinds of cases, but U.S. citizenship hardly gives you blanket protection overseas to plot the murder of your fellow citizens."
Aulaqi corresponded by e-mail with Maj. Nidal M. Hasan, the Army psychiatrist accused of killing 12 soldiers and one civilian at Fort Hood, Tex., last year. Aulaqi is not believed to have helped plan the attack, although he praised Hasan in an online posting for carrying it out.
Concern grew about the cleric's role after he was linked to the Nigerian accused of attempting to bomb a U.S. airliner on Christmas Day by detonating an explosive device he had smuggled in his underwear. Aulaqi acknowledged teaching and corresponding with the Nigerian but denied ordering the attack.
From the LAT:
http://articles.latimes.com/2010/jan/31/wo... "Over the past several years, Awlaki has gone from propagandist to recruiter to operational player," said a U.S. counter-terrorism official.
Awlaki's status as a U.S. citizen requires special consideration, according to former officials familiar with the criteria for the CIA's targeted killing program. But while Awlaki has not yet been placed on the CIA list, the officials said it is all but certain that he will be added because of the threat he poses.
"If an American is stupid enough to make cause with terrorists abroad, to frequent their camps and take part in their plans, he or she can't expect their citizenship to work as a magic shield," said another U.S. official. "If you join the enemy, you join your fate to his."