President Obama's policy regarding people linked to terrorism is clear: They are to be treated like criminal defendants with constitutional rights, except when they are treated like enemy soldiers in the heat of battle, subject to summary execution from a distance. Although this flexibility has obvious advantages in waging the never-ending war on terrorism, it threatens to transform the elected executive of a republic into a dictator with the power of life and death over his subjects.
That danger may seem theoretical in light of Awlaki's public record of fomenting violence against Americans. Regarding the U.S. Army psychiatrist accused of killing 13 people in a shooting rampage at Fort Hood, Texas, the month before Abdulmutallab was caught with plastic explosives in his underwear, Awlaki bragged: "Nidal Hasan is a student of mine, and I am proud of this. ... What he did was a heroic act, a wonderful operation. ... I support what he did, and I call upon anyone who calls himself a Muslim, and serves in the U.S. Army, to follow in the footsteps of Nidal Hasan." Faisal Shahzad, who tried to set off a car bomb in Times Square last year, also cited Awlaki as an inspiration.
The U.S. government claims Awlaki, a U.S. citizen whom experts perceived as a threat mainly because of his rhetorical appeal to Muslims in English-speaking countries, not only advocated terrorist attacks but helped plan them as a leader of Al-Qaida in the Arabian Peninsula. Yet the extent of his involvement remains unclear, and the Obama administration seems determined to keep it that way.
Announcing Awlaki's death last Friday, Obama called him "the leader of external operations for Al-Qaida in the Arabian Peninsula" -- the first time he had ever been described that way. The president also claimed Awlaki "took the lead in planning and directing efforts to murder innocent Americans."
At a press briefing later that day, four different reporters asked White House spokesman Jay Carney for evidence to back up those allegations. "I don't have anything for you on that," Carney said, refusing even to acknowledge that the U.S. government had killed Awlaki, let alone explain the rationale for the secret decision that marked him for death.
While Awlaki may have been guilty of everything the administration claims, it is not hard to imagine how a program of classified, unreviewable death decrees might go awry, especially in the service of a perpetual, geographically undefined war against an amorphous enemy. Endorsing Obama's "targeted killings," Sen. Lindsey Graham, R-S.C., recently declared that "restricting the definition of the battlefield" or "restricting the definition of the enemy" would be reckless because "this is a worldwide conflict without borders."
Writing in The New York Times, Jack Goldsmith, an assistant attorney general in the Bush administration, acknowledges that the unilateral power to kill anyone the president identifies as an enemy is "fraught with the danger of executive overreach or mistakes." But "so far," Goldsmith assures us, "it appears" Obama is using his license to kill "with caution." After all, "before someone like Mr. Awlaki is targeted, multiple intelligence sources support the conclusion that he is a dangerous threat, top lawyers from many agencies scrutinize the action, (and) policy makers at the highest levels of government approve the action after assessing its legal and political risks."
Or so we're told, by former insiders like Goldsmith and unnamed officials quoted in news stories on the condition that they not be identified. The Obama administration can't even be bothered to say "trust us" on the record.