@chaz wyman,
Not as much of this as I would have expected.
You might get more traffic here if you had a better title.
While I believe that the Kremlin might have accused Litvinenko of planning an attack against Putin, I don't think anyone bought that.
On the other hand, there is pretty good evidence that al-Awlaki participated in the planning of several attacks against the US.
I don't know that anyone realistically puts these two cases in the same class.
An argument I have heard being made is that al-Awlaki was an enemy combatant in an on going war, and a key member of the command structure of enemy forces. He was not a dissident living in peaceful exile in a foreign country. He wasn't executed for crimes he was alleged to have committed, but "taken out" as a means to disable the enemy's command and prevent additional future attacks.
This makes sense to me, but I agree that there should be a wider debate on the subject. Not with the intention of putting an end to the Obama drone strategy that has been very effective, or creating a political **** storm for the Administration, but to maintain, at least the semblance, of something of a fence around Executive power.
I agree with those who argue that such an effort can have undesirable consequences, but I don't see a problem with the Executive branch giving us some idea of why it believes this action was warranted and what limitations, if any, will be applied to similar actions in the future.
I'm fairly sure the president consulted with DOJ officials before giving the order to take al-Awlaki out, but so did President Bush when he approved the order to water-board (torture) KSM.
Let's face it neither of these presidents sought legal experts to tell them what they could or could not do. They went to them seeking a legal clearance for the decision they had already made. Lawyers are great at finding justification. It's what they do and the White House has access to some very good ones.
Good ones can do what their employers want them to do while preserving a credible appearence of propriety.
Critics, and the most passionate of them, will always scream to the rafters that the impropiety they see is deliberate and blatant, but citics don't have to prove their case in a courtroom, and they rarely are.
There was a report on this story during one of the Sunday News Talk shows and apparently when Administration officials were asked why al-Awlaki didn't enjoy all of the rights and privleges of an American citizen hey responded something to the effect of "That's top secret."
Not a very satisfactory answer, if its true, and one we should not accept from any Administration.
I'm sure there is all sorts of information concerning al-Awlaki that truly is Top Secret and which the government should not be required to reveal, but it's hard for me to see what can be confidential about the legal reasoning that differentiated al-Awlaki from other American citizens on the day he was killed by the American government.
It's unlikely they will have much more of a sympathetic ear than mine, but Top Secret doesn't cut it.
The increased use of drones in battling al-Qaida is one of the few policies of the Administration with which I agree, and I would not like to see it come to an end because of contraversy, but I don't think matters of national security should be used a political footballs. If you take a different position on this issue than you've taken on similar ones in the past, and simply because a different political party governs the White House, then you are playing football.