This piece was reprinted by OpEd News with permission or license. It may not be reproduced in any form without permission or license from the source.
The suit seeks an emergency order, invalidating the Treasury's unconstitutional regulation, permitting pro-bono representation to proceed without criminal or monetary penalties. If successful, a second suit will try to enjoin al-Awlaki's assassination. However, in today's lawless environment, the federal courts stacked with right-wing ideologues, and a reckless, out-of-control administration, CCR and ACLU lawyers face daunting obstacles to succeed - despite only wanting constitutional law enforced.
In early July, Nasser al-Awlaki, Anwar's father, retained CCR and the ACLU on his behalf. On July 16, OFEC named him a "specially designated global terrorist," prohibiting legal representation without permission. CCR and ACLU sought it but were denied, their suit challenging OFAC's decision "to invalidate the regulations and to make clear that lawyers can (represent "designated") individuals without first seeking the government's consent."
Its purpose is to challenge the lawless decision to kill American citizens, including al-Awlaki, without charge, evidence, trial, or due process - authority not allowed under US and international law.
"Under international human rights law, lethal force may be used in peacetime only when there is an imminent threat of deadly attack and (killing) is a last resort."
Designating US citizens terrorists, providing no criminal proof of guilt or evidence of an imminent threat, and denying them legal representation is lawless and egregious by any standard. Yet, post-9/11, "the US government has (targeted and) detained thousands of men as terrorists, only for courts or the government itself later to discover that the evidence (or charge) was wrong or unreliable and released them."
No one should be denied due process and judicial fairness. US policy is shocking, egregious and illegal, CCR, ACLU, numerous human rights groups, and others challenging it courageously, representing our rights like al-Awlaki's, fighting for the rule of law to prevent further democratic freedom erosions, vanishing in plain sight.
A Final Comment
In a late development, Politico.com reports that the Treasury Department will let CCR and ACLU represent al-Awlaki, OFAC Director Szubin saying Treasury's policy "is to broadly authorize the provision of pro bono legal services....To the extent that the particular legal services that the ACLU (and CCR wish) to provide in this instance do not fall into any of the broad categories that are generally licensed, (OFAC) will work with (them) to ensure that the legal services can be delivered."
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
1
1
1
