That is NOT his position. [/quote
At last check it is his position. The article posted at the beginning of this thread stated:
Republican presidential candidate Ron Paul is condemning the Obama administration for killing an American born al-Qaida operative without a trial.
To keep this as simple as possible:
1. A key test is whether Mr. Awlaki was a criminal or a combatant.
- If he was the former, then trial by jury is among the basic rights he enjoys.
- If he was the latter, then one has to refer to the section of the Constitution concerning the President's war powers.
2. To answer the first question, one has to determine whether he was, in fact, a civilian.
-The U.S. has engaged in numerous wars and it adheres to the principles set forth in the body of instruments that accumulated over time known as the "Laws of War."
- The U.S. also has precedent where it targeted homegrown combatants on its own soil (U.S. Civil War)
- Under the Laws of War, Mr. Awlaki was not a civilian. He was serving a "command-and-control function" in organizing attacks against the U.S. and was a legitimate military objective.
3. As Mr. Awlaki was a legitimate military objective, the question then becomes whether the Constitution compels the President to grant some kind of immunity that spares any class of combatants from the full consequences of their role as combatants.
- The President's authority as Commander in Chief is broad. No such limitations are set forth. No such limitations are imposed on Congress' war-related authority either.
In short, the military operation was lawful, both from the perspective of the U.S. Constitution and under international law. Therefore, it is very unlikely that the U.S. Supreme Court would agree to hear a case that is so clear-cut on Constitutional issues and it is even more unlikely that Congress would muster impeachment proceedings against the President.