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Yesterday the Washington Examiner posted a column by Hugh Hewitt on the legality of killing Anwar al-Awlaki. Hugh Hewitt is a law professor at Chapman University Law School and a nationally syndicated radio talk show host who blogs daily at HughHewitt.com.
As a lawyer, he is qualified to comment on the legal issues involved in the killing of al-Awlaki. Mr. Hewitt states:
Al-Awlaki was actively involved in plotting the death of Americans via terrorist acts and encouraging such acts across the globe. There isn’t a serious student of the jihadist movement that disagrees with this assessment. Al-Awalki was thus an enemy combatant the president could and rightfully did order killed. Not to have acted to remove such a danger to the nation would have been an abrogation of the president’s oath to preserve, protect and defend the Constitution.
The loss of life that would have been involved in attempting to capture al-Awlaki and bring him to trial in America would have been extensive, and there would have been no guarantees that al-Awlaki could have been captured alive. At some point we need to realize that we are fighting a war. It is a war different from any other we have fought–it is worldwide and the soldiers of the enemy do not wear uniforms. Al-Awlaki was an enemy soldier–he had willingly given up his rights as an American when he began taking part in the killing of Americans. The lives of many Americans will be spared due to the killing of this man–his value to Al Qaeda was that as someone who had lived in America, he was adept at radicalizing American Muslims. America (and the world) are both safer places because this man is dead.
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