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[quote=jsteele][quote=TheManWithAUsername]
It's tricky. Without capturing him, he can't be given all of his rights before execution. An indictment alone wouldn't give Obama the right to assassinate him.

That is, aren't the only two choices: 1) capture and try him; or 2) kill him without due process?[/quote]

Luis Posada Carriles is a Cuban-born Venezuelan who was convicted of blowing up a Cuban airliner, killing 73 people. He has admitted bombing Cuban hotels and nightspots. He is a terrorist by any definition. However, he lives freely in Miami. Cuba would like to have him extradited to face trial in Cuba. The US, apparently with a straight face, refuses to extradite him because he might face torture (I assume they are not referring to torture at Gitmo). So, what should the Cubans do? Do you support the Cubans launching remote-controlled drones which attempt to fire missiles at Posada? Or, should the Cuban government continue exercise legal avenues in an attempt to gain custody of him?  Since the US is sheltering a terrorist, can Cuba legally attack the US? Perhaps invade and occupy us the way that we have Afghanistan?

http://en.wikipedia.org/wiki/Luis_Posada_Carriles

I agree with you that short of arresting al-Awlaki, it would be impossible to give him full due process. But, there is a lot of ground between no due process and full due process. We are supposed to be a nation of laws. If the President believes that he should be able to kill American citizens, he should go to Congress and ask for a law that allows him to kill US citizens. Short of that, seeking an indictment would at least provide a minimum of judicial involvement (though, as the saying goes, you can indict a ham sandwich).  Issuing international arrest warrants and other acts that show recognition of the legal system are also good steps. But, most importantly, there should be some sort of objective review of the evidence. Do you really want to live in a world in which a single person can put your name on a list and have you killed? George Bush was criticized for tapping phones without a warrant. Obama will kill you without a warrant. Are you comfortable with that?

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