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Unpublished Paper
The Curious Case of Anwar al-Aulaqi: Is targeting a Terrorist for Execution by Drone Strike a Due Process Violation when the Terrorist is a United States Citizen?
ExpressO (2011)
  • Michael Epstein
Abstract

This note explores the claims of Nasser al-Aulaqi on behalf of his son, Anwar al-Aulaqi, who has allegedly been placed on the Obama Administation’s approved terrorist kill list. Part 1 of this paper introduces Anwar al-Aulaqi and his father’s proposed injunction to have him taken off the targeted kill list. Part 2 of this paper will lay out all of the current statutory and case law that the U.S. government currently acts under when pursuing and prosecuting terrorists. Part 3 of this paper will explore the applicability of this legal framework to al-Aulaqi’s case and the merits of the plaintiff’s case in light of the government’s motion to dismiss. Part 4 will examine the D.C. Circuit’s grant of the government’s motion to dismiss. Ultimately this case raises fundamental issues of the Due Process owed to U.S. citizens engaged in acts of terrorism abroad, but the sensitive nature of national security and military concerns and prudential requirements will ultimately keep full adjudication of these issues awaiting their day in court.

Disciplines
Publication Date
January 16, 2011
Citation Information
Michael Epstein. "The Curious Case of Anwar al-Aulaqi: Is targeting a Terrorist for Execution by Drone Strike a Due Process Violation when the Terrorist is a United States Citizen?" ExpressO (2011)
Available at: http://works.bepress.com/michael_epstein/1/