A judge on Tuesday threw out a lawsuit aimed at preventing the United States from targeting anti-American cleric Anwar al-Awlaki for death, but questioned whether a president or his aides can order a U.S. citizen assassinated for terrorist activity.
U.S. District Judge John Bates said in an 83-page opinion that he does not have the authority to review the president's military decisions and al-Awlaki's father does not have the legal right to sue to stop the United States from killing his son. But Bates also said the "unique and extraordinary case" raised vital considerations of national security and for military and foreign affairs.
Among the questions Bates said the case raises is why courts have authority to approve surveillance of Americans overseas but not their killing. And he questioned whether the president or his advisers can order the assassination of a U.S. citizen without "any form of judicial process whatsoever, based on the mere assertion that he is a dangerous member of a terrorist organization."
"The serious issues regarding the merits of the alleged authorization of the targeted killing of a U.S. citizen overseas must await another day or another nonjudicial forum," wrote Bates, an appointee of President George W. Bush and an Army veteran.
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