An American Lion

San’a Yemen

If you have no strategic vision for fighting terrorism, you become bogged down in details such as this:

White House lawyers are mulling the legality of proposed attempts to kill an American citizen, Anwar al Awlaki, who is believed to be part of the leadership of the al Qaeda group in Yemen behind a series of terror strikes, according to two people briefed by U.S. intelligence officials.

One of the people briefed said opportunities to “take out” Awlaki “may have been missed” because of the legal questions surrounding a lethal attack which would specifically target an American citizen.

A spokesperson said the White House declined to comment.

While Awlaki has not been charged with any crimes under U.S. law, intelligence officials say recent intelligence reports and electronic intercepts show he played an important role in recruiting the accused “underwear bomber” Umar Farouk Abdulmutallab. Awlaki also carried on extensive e-mail communication with the accused Fort Hood shooter, Major Nidal Hasan, prior to the attack that killed 12 soldiers and one civilian.

According to the people who were briefed on the issue, American officials fear the possibility of criminal prosecution without approval in advance from the White House for a targeted strike against Awlaki.

If this is true—and, really, I have a hard time believing that it is—the idea that the White House fears being prosecuted for killing a man sympathetic with al Qaeda and recruiting for al Qaeda because they cannot get to him as if it were a normal law enforcement or counterterrorism issue is laughable. This is a form of legal jeopardy I don’t believe George W. Bush had to worry about. This is well within the powers enumerated in the Constitution allowing the President to defend the United States from all enemies, foreign and domestic.

Once you agitate for the destruction of America, then travel overseas and begin recruiting people to do just that, you become a viable threat to the existence of the United States, and the Constitution is pretty clear. The President can wage war. He can suspend Habeas Corpus. Put your recent spat with George W. Bush out of your mind. This is President Obama, after all, and because he’s a handsome man who gives great speeches, he can do the things that President Bush couldn’t do, you see.

In reality, yes, yes he can do those things if he understands the legal ramifications of doing so. He can do what Lincoln did, and have people deported. He can have a third rate cleric smeared into goo if he so chooses. Make sure the paperwork has your signature, Mr. President. Anyone who tries to prosecute you hates America. What? It’s not 2006 all over again?

You kill the man. In order to fight terrorism, yes, you kill the man. Had U.S. troops shot and killed American Taliban John Walker Lindh, would we have prosecuted them? Of course not. What did they do? They cleaned him up, bandaged him up, took care of him, and sent his goofy ass home. So much for the terrible Americans abroad.

Understand this, however. What does his killing accomplish? Can you allow him to continue operating? If you have him under surveillance, does he tip you to real attacks and real possibilities of terrorism? Does he act as a bellwether for pending action—as in, what did he say today, yesterday, and the day before?

Does his killing trigger various cells to become active?

Do you accomplish your goal of defeating al Qaeda by killing a man who might be the lynch pin for numerous efforts at recruiting female suicide bombers? Have you reached the part of your calculus where he is more valuable dead than alive? If all of these things are understood in a strategic context and are part of a larger counterterrorism effort…

…you kill the man.

If we are at a point where a White House lawyer is determining what our actions are going to be in relation to fighting terrorism in Yemen, then we have lost the war on terror. We’ve become a farce unto ourselves. I respect the rule of law. I think you can respect the rule of law and protect the American people if you’re willing to work at it and if you’re not willing to resort to political stunts and nonsense such as this.

Exhaust other options. Have a strategic goal in mind. If all else fails, goddamnit, you kill the man.

It’s that simple.