From Democracy Now | Original Article

The United States has confirmed the killing of the radical Yemeni-American cleric, Anwar al-Awlaki, in northern Yemen. The Obama administration says Al-Awlaki is one of the most influential al-Qaeda operatives on its 'most wanted' list. In response to news of al-Awlaki’s death, constitutional scholar Glenn Greenwald and others argue the assassination of U.S. citizens without due process has now has become a reality. "One of the bizarre aspects of it is that media and government reports try to sell al-Awlaki as some grand terrorist mastermind … describing him as the new bin Laden. The United States government needs a terrorist mastermind to replace Osama bin Laden to justify this type of endless war … For a while, al-Awlaki was going to serve that function," Greenwald says. "If you are somebody that believes the President of the United States has the power to order your fellow citizens murdered, assassinated, killed without a shred of due process … then you are really declaring yourself to be as pure of an authoritarian as it gets.

Glenn Greenwald, constitutional law attorney and political and legal blogger for Salon.com.

JUAN GONZALEZ: Shortly before we went on the air this morning, senior U.S. administration officials confirm the killing of the radical Yemeni-American cleric Anwar al-Awlaki in northern Yemen. The United States says Awlaki is one of the most influential Al Qaeda operatives on its most wanted list. News of the death was first announced by Yemen’s Defense Ministry in a text message sent to journalists the ministry wrote, "The terrorist Anwar al-Awlaki has been killed along with some of his companions," but did not provide further details. In a separate email statement, the Yemeni government reported Awlaki was targeted and killed about 90 miles east of the capital Sanaa. The statement said the attack was launched at 9:55 a.m. local time. Despite the Yemeni government’s claims its forces successfully targeted Awlaki in a raid near the capital, sources on the ground say he was likely killed in a U.S. air-strike. Awlaki was previously targeted in U.S. bombing of Yemen earlier this year. Well, for more, we turn to Glenn Greenwald, constitutional law attorney and political and legal blogger for salon.com. He joins us via Democracy Now! video-stream from Brazil. He first reported in January of last year that the Obama administration had compiled a hit list of American citizens whom it had ordered assassinated without any due process. One of those Americans was Anwar al-Awlaki, despite substantial doubt among the Yemen experts about whether he had an operational role in Al Qaeda Glenn Greenwald, welcome to DEMOCRACY NOW!

GLENN GREENWALD: Good to be here.

JUAN GONZALEZ: Well Glenn, your reaction, first of all, to this news and what it means in terms of any new precedence now set by this administration in the targeting of U.S. citizens?

GLENN GREENWALD: Let’s begin with the fact Anwar al-Awlaki is a U.S. citizen. He was ordered assassinated by the President of the United States without presenting any evidence of any kind as to his guilt, without attempting to indict him in any way or comply with any of the requirements of the Constitution that say that you can’t deprive someone of life without due process of law. The president ordered him killed wherever he was found, including far away from a battle field, no matter what it was he was doing at the time. And if you’re somebody who believes that the president of the United States has the power to order your fellow citizens murdered, assassinated, killed without even a shred of due process, without having to have charged him with a crimes or indict him and prove in a court he’s actually guilty, then you’re really declaring yourself to be as pure of an authoritarian as it gets. Remember that there was great controversy that George Bush asserted the power simply to detain American citizens without due process or simply to eavesdrop on their conversations without warrants. Here you have something much more severe. Not eavesdropping on American citizens, not detaining them without due process, but killing them without due process, and yet many Democrats and progressives, because it’s President Obama doing it, have no problem with it and are even in favor of it. To say that the President has the right to kill citizens without due process is really to take the constitution and to tear it up into as many little pieces as you can and then burn it and step on it.

JUAN GONZALEZ: Well, for those in the audience not familiar with him, give us the sketch of who Al-Awlaki is and what the alleged terrorist plots that he was involved with are.

GLENN GREENWALD: Well, he, as I said, was born in the United States and went to college in the United States and, for a long time, was considered by the U.S. government and the media to be a moderate Muslim cleric. In fact the Pentagon invited him to a lunch in the wake of 9/11 in order to talk to him and other Muslim leaders about how to root out extremism in the Muslim community. The Washington Post had him host his own chat about the meaning of various Muslim holidays and the like. So, for a long time he was viewed as this, sort of, moderate figure. He became increasingly radicalized, like a lot of people have, over the last decade, as the United States has continued to slaughter Muslim men, women and children in multiple countries around the world, and he definitely became much more hostile in his sermons to the United States, and began arguing that it wasn’t just the duty but the right of Muslims to not just be passive receivers of violence by the U.S., but also to begin to attack the United States back as a means of deterring further violence. And so, he definitely became a great concern to the U.S. because he was so effective in communicating these ideas in English to large parts of the English speaking Muslim world. And, of course, expressing those ideas that the United States is engaged in aggression against the Muslim world and that Muslims have the right or even the duty to fight back rather than getting passively slaughtered, whether you agree with those ideas are not, or think they’re horrible ideas, they’re obviously rights you have to express under the First Amendment of the Constitution. The government began claiming that it wasn’t just his messages and his ideas that were bothering them and making them want to kill him, but the fact he started to have an operational role in various plots, such as the attempt by Abdulmutallab to detonate a bomb in a jet over Detroit over Christmas. They claim that he was involved in the attack by Nidal Hasan on the Fort Hood base that killed 14 American service members. The problem with that is that, there’s been no evidence presented that he’s actually been involved in any of those plots. He is not been indicted or charged. If he has been involved in those plots, then the solution is to charge him with those crimes, bring him before a court of justice, and prove his guilt; not simply to order him killed as though the President is judge, jury, and executioner.

JUAN GONZALEZ: Now, his father had attempted, or started a court proceeding to try to enjoin the Obama administration from carrying out any attack on his son. Could you talk about that and where that is?

GLENN GREENWALD: Sure, well, Awlaki, himself, was incapable of suing to vindicate his rights because, had he popped his head up at any time, as we proved today, he would have been killed by the Unites States government, which sought on several occasions before today to kill him. So, his father brought suit on his behalf, represented by the ACLU and the Center for Constitutional Rights, asking a court to enjoin the President from murdering his son without due process, and in response the Obama administration made numerous claims, mostly arguing courts have no right to interfere in the decisions the president makes about who is an enemy combatant using standard Bush-Cheney theories about how this is a military operation that the court shouldn’t be involved in it. They argued that whom the president decides to assassinate is a state secret. And that courts have no business meddling in or judging or adjudicating the president’s choices in that regard. A federal court, several months ago, accepted the argument that this was really a political and military number, and not a legal or constitutional or judicial question for courts to resolve. Although, the judge said there are very difficult questions raised because of what an extraordinary step this is for the president to order American citizens killed. He said it’s really up to the Congress to stop it or for the president to make decisions on his own. That, I believe that is being appealed; the appeal is pending, but, obviously, it’s now it is too late. There’s no point in trying to obtain an injunction now that Awlaki has been killed by President Obama.

JUAN GONZALEZ: And the Bizarre irony of the government in Yemen which is clearly illegitimate by any international standards, facing a huge popular rebellion among its own people, being involved, to some degree or other, with the United States in this killing?

GLENN GREENWALD: Well, President Saleh, who, of course, has been slaughtering his own citizens by the dozens over the last several months, and is still, you know—-has been a longtime ally of the United States. The State Department has issued some very meek statements, suggesting that there should be a democratic transition. But, we’ve continued to work with President Saleh, the U.S. government has, to try and kill those people that we want dead in Yemen, including Awlaki, and this is widely viewed as an attempt by President Saleh to, sort of, offer an olive branch to the United States; we will help to kill the American citizen within our borders whom you want dead in exchange for your continuing to support our regime. Of course, the United States has been trying to claim to the Arab world that it is on the right side of the Arab Spring, and yet just yesterday, of course, in Bahrain, numerous medical professionals, doctors, nurses, ambulance drivers, were imprisoned for the crime of treating protesters who were shot by government forces just two weeks after the U.S. government announced that it plans to ship to Bahrain huge amounts of new weapons. Here, our long time ally, President Saleh, is not only now slaughtering his own citizens, but helping the United States government murder its own. So, it’s a pretty difficult sell to people in the Muslim world to claim that we’re on the right side of the Arab Spring when we not only continue to embrace the people who kill their own citizens, but now kill our citizens as well.

JUAN GONZALEZ: I want to read to you a quote from the editor of The Yemeni Post, Hakim Al Masmari. He said, "The Yemeni government will face a lot of criticism, especially in the south, for allowing US drones to attack Yemeni civilians. But it will not be a blow to Al-Qaeda in the Arabian Peninsula from any perspective. We don’t feel they will suffer, because Awlaki did not have any real role in Al Qaeda in the Arabian Peninsula."

GLENN GREENWALD: Right,well, one of the bizarre aspects of this is that media and government reports have tried to sell Awlaki is some kind of grand terrorist mastermind. There’s even lots of articles you can find online and major publications describing him as the new Bin Laden. The United States government needs a terrorist mastermind to replace Bin Laden to justify this type of endless war that President Obama, the 2009 Nobel Peace Prize winner, is insisting on not just continuing, but escalating. And for a while, Awlaki was the person to going to serve that function. But, the problem is, if you the read experts in Yemen, like Gregory Johnson and others, they mock the idea Awlaki was some kind of a leader of Al Qaeda and even question whether he had any operational role at all in any of these plots. He was clearly a cleric who developed some audience and was popular, particularly among English-speaking Muslim youth because of his ability to communicate with them. But, the idea that he was some high up in Al Qaeda or this is a blow to the operational capability of Al Qaeda in the Arabian Peninsula is absolutely ludicrous. And if you read Yemen experts, you’ll see that that’s true. The problem is that American political culture is such that evidence doesn’t make a difference. Trials and due process are very pre-9/11. What we believe is that if the president stands up and says, someone is a terrorist, that’s all we need to know; they are therefore there are guilty because the leader has accused him of being that, and as long as the Aides then go and leak to the media, which they have done, that he played a significant operational role and was a big Al Qaeda leader, we won’t need to see evidence. We’ll just stand up and blindly click our heels and accept it’s true, and then cheered the fact he’s been murdered based on as unproven claims.

JUAN GONZALEZ: Glenn, what can people who are concerned about this extraordinary extension of the powers of a president to basically ignore any kind of due process with our American citizens, what can they do?

GLENN GREENWALD: Well, one thing that is obvious, is that voting for Democrats as opposed to Republicans doesn’t help. In fact, if you read The New York Times article from 2010 confirming that Awlaki is on the hit list, it makes clear that there’s been no instances where George Bush ordered American citizens targeted for assassination, that this is extraordinary and perhaps an unprecedented step under the Democratic president. What people in the Arab world did, when their leaders did things like imprison them, let alone kill them, and their fellow citizens without trials, is they went out into the streets and protested and demanded that it stop. It’s hard to see how voting for one of these two parties is going to end these extraordinary excesses in violations of the constitution; it clearly doesn’t. Something outside of that system is necessary to address it. That’s been proven. So, I think if Americans cared about the constitutional rights the pretended to care about under George Bush, Democrats in particular, they would be very vocally protesting and objecting to this. But, the problem is that, the opportunity to use these issues as a means to undermine Republican politicians is now gone, and so, many people who, three years ago, were pretending to care about these things, no longer do. So, the question that American citizens have to ask themselves, is whether they believe in the principles of liberty and rights that they have learned were protected by the Constitution? That’s just a piece of paper—-the Constitution—-it cannot protect those rights, only the citizenry can ensure that those rights are not trampled on; and the question is whether citizens actually believe in those.

JUAN GONZALEZ: Finally, Glenn Greenwald, we’re getting reports that U.S. government confirming that it was a joint operation with the Yemeni government. Your sense of whether you believe this was a drone strike largely carried out by the United States?

GLENN GREENWALD: Well, there’s no question I believe that the United States played a significant role. I mean, the United States have been wanting to kill Awlaki for a long time. The Yemeni government has not wanted to kill him, in part, because if it does, it will trigger lots of unrest and resentment, and that’s the last thing, especially at this point, that it wants. So, I believe that this has been done by an air strike, certainly the Yemeni government would not have the ability to carry that out on its own. The fact U.S. government confirmed so quickly that he was dead and accepting responsibility, I think, is fairly definitive proof that the U.S. played a very significant role, if not the lead role, in extinguishing the life of its own citizen without due process.

JUAN GONZALEZ: Glenn Greenwald, I want thank you for being with us, constitutional law attorney, political and legal blogger for Salon.com.