Is really OK for the Federal Government to order the killing of a US citizen without trial?

From the WSJ

Court Dismisses Suit Over Targeted U.S. Killings

By EVAN PEREZ

WASHINGTON—A federal judge on Tuesday dismissed a lawsuit by the father of Yemeni-American radical cleric Anwar al-Awlaki challenging the Obama administration's targeted-killing program.

U.S. District Judge John Bates said the father's suit seeking to block President Barack Obama from ordering the extrajudicial killing of his son "lacks standing." Also, said Judge Bates, "his claims are non-justiciable," or incapable of being settled by a court. 

The ruling is a victory for the Justice Department. While not acknowledging plans to kill Mr. Awlaki, it argued that the cleric as a U.S. citizen could ensure his safety by turning himself in to U.S. authorities or seeking the protection of the court himself. 

Mr. Awlaki's fiery Islamist sermons are popular among jihadists on the Internet, and he is a target of the U.S. program aiming to kill leaders of terror groups, U.S. officials say. 

The U.S. says Mr. Awlaki is a leader of al Qaeda in the Arabian Peninsula, or AQAP, the group the U.S. says was behind the recent thwarted attempt to blow up U.S.-bound planes with package bombs as well as the botched attempt to bomb an airliner last Christmas Day. AQAP has claimed responsibility for the plots.

In court last month and in his order Tuesday, the judge called the lawsuit an extraordinary case. He said the suit was dismissed without having to consider the government's state-secrets argument, which held that the court couldn't hear the case because it would expose sensitive classified information.

Write to Evan Perez at evan.perez@wsj.com

Common Sense is troubled by this news item.  It is certainly true that Mr. Awlaki is not a nice man.  It is certainly true that his actions are reprehensible and, likely treasonous and perhaps illegal.  It is also certainly true that this otherwise evil man is an American citizen and, as such, entitled to protection under the Constitution.  It is true that he has fled the US and that there is a valid arrest warrant outstanding.  But, does that mean that the Federal Government can order his murder/execution without a trial?  Common Sense says no, otherwise we acknowledge that the Federal Government can arbitrarily execute a citizen, a proposition that clearly flies in the face of law, justice, and Common Sense.

More troubling is that Mr. Awlaki's presenting offense is speech!  If the speech is illegal, let him be tried and sentenced for his actions. If he is guilty of other offenses, let him be tried and sentenced for those actions. That the Supreme Court argues standing is also troubling since it means that Mr. Awlaki, a US citizen, is denied constitutional redress. That the Court argues that the claim is "non-justiciable" is very troubling since we are to accept that the Supreme Court can not intervene is what is clearly an Executive Branch action.  Common Sense is offended.

That the Justice Department argues that "as a U.S. citizen could ensure his safety by turning himself in to U.S. authorities or seeking the protection of the court himself" is both silly and outrageous since it would establish the proposition that a US citizen having fled the country can be coerced to return by the threat of murder/execution.  Common Sense is greatly offended by this as well.

Al Qaeda is certainly evil.  Mr. Awlaki as a vocal proponent likewise so.  Al Qaeda and Mr. Awlaki would deny America its right to exist as a free society governed by law not religious zealotry.  When we deny Mr. Awlaki, a US citizen, the protection of law we become in some way like Al Qaeda.  America IS a country of law. As such we need to be sure that the principal of equal protection is extended to all US citizens, even the most reprehensible and evil. 

Just some Constitutional Common Sense.