Lawsuit Challenges ‘Targeted Killings’: Al-Aulaqi v. Panetta

8:52 am in Uncategorized by wendydavis

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(by Anthony Freda, via wendydavis @flickr.com)

This morning I received an email from the Center for Constitutional Rights announcing the lawsuit they filed jointly with the ACLU yesterday, July 18, 2012, against Defense Secretary and former CIA Director Leon C. Panetta, Commander of the U.S. Special Operations Command William H. McRaven, Commander of the Joint Special Operations Command Joseph Votel, and CIA Director David Petraeus.

The suit challenges their authorization of the ‘targeted (drone) killings’ of three United States citizens, Anwar Al-Aulaqi, Samir Khan, and Anwar’s sixteen year-old son Abdulrahman Al-Aulaqi.  The suit was filed on behalf of Nasser Al-Aulaqi, the father of Anwar and grandfather of Abdulrahman Al-Aulaqi, and Sarah Khan, the mother of Samir Khan.  (The suit broadens the challenge as per the paragraphs below.)

You will likely remember that after the 2010 discovery that Anwar Al-Aulaqi (Al-Alawki) had been place on the Obama administration’s ‘kill list’, the two organizations filed suit challenging the administration.   Although the court didn’t rule on the merits of the case, On December 7, 2010, U.S. District Court Judge Bates dismissed the suit of Al-Aulaqi v. Obama on grounds that Nasser Al-Aulaqi did not have legal standing to challenge the targeting of his son.

From CCRjusticeonline:  (my bolds throughout)

“On September 30, 2011, U.S. strikes killed Anwar Al-Aulaqi, along with Samir Khan and three others. Two weeks later, the U.S. launched another drone strike at an open-air restaurant in Yemen, killing Anwar Al-Aulaqi’s son, Abdulrahman, and six other civilian bystanders, including another teenager. These killings, undertaken without due process, in circumstances where lethal force was not a last resort to address a specific, concrete and imminent threat, and where the government failed to take required measures to protect bystanders, rises to a violation of the most elementary constitutional right afforded to all U.S. citizens – deprivation of life without due process of law.

Plaintiffs in the case are Nasser Al-Aulaqi, the father of Anwar and grandfather of Abdulrahman Al-Aulaqi, and Sarah Khan, the mother of Samir Khan. Defendants are Defense Secretary and former CIA Director Leon C. Panetta, Commander of the U.S. Special Operations Command William H. McRaven, Commander of the Joint Special Operations Command Joseph Votel, and CIA Director David Petraeus.”

From the ACLU:

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