National Review’s Andrew McCarthy, who thinks that
President Obama’s
drone killing
of radical Yemeni-American al Qaeda leader Anwar al-Awlaki was
“obviously the right call,”
notes a gross inconsistency in the administration’s attitude
toward due process for Islamist terrorists:
So here is the Obama Left’s position. If an alien enemy
combatant, such as Khalid Sheikh Mohammed, mass-murders 3000
Americans and is then captured outside the U.S. in wartime, we need
to bring him to the United States and give him a civilian trial
with all attendant due process rights. If an alien enemy combatant
is sending emails from outside the U.S. to an al Qaeda cell inside
the U.S., the commander-in-chief needs a judge’s permission (on a
showing of probable cause) to intercept those communications. If an
American citizen terrorist outside the United States — say, Awlaki
in Yemen — is calling or emailing the United States (or anyplace
else), the commander-in-chief needs a judge’s permission to
intercept those communications. If we capture an alien enemy
combatant conducting war operations against the U.S. overseas, we
should give him Miranda warnings, a judicial
right to challenge his detention as a war prisoner, and (quite
likely) a civilian trial. But, if the commander-in-chief
decides to short-circuit the whole menu of civil rights by killing
an American citizen, that’s fine — no due process, no interference
by a judge, no Miranda, no nothing. He is a proven
threat because … the president says so.
To put my cards on the table, I think that we should, at the
very least, approach the extra-legal executive-ordered killing of a
U.S. citizen with extreme caution. It’s hard to escape the
conclusion that Obama and Eric Holder’s position on this question
has been a little less than principled.
By the way, Jed Babbin discussed
the possibility of assassinating Awlaki in our February
issue.