Anwar Aulaqi is a US citizen and Muslim cleric living somewhere in Yemen. The US has put him on our terrorist list and is trying to assassinate him. The Center for Constitutional Rights and the ACLU filed suit today so we can be pro bono lawyers for his father, Nasser Aulaqi, to stop the government from killing him.
We filed suit today challenge the US requirement that lawyers must seek permission from the government before we can provide free pro bono legal representation to a US citizen.
This case will not decide whether the US can legally assassinate US citizens or anybody else. This case is about whether the government can deny pro bono lawyers to US citizens who the government accuses of being terrorists. Once we win the right to be lawyers for his father, we will challenge the constitutionality of the US efforts to kill him.
The barrier to us becoming lawyers is a set of rules enacted by the Office of Foreign Assets Control (usually called OFAC), which is a part of the Treasury Department. US law essentially prohibits trading with the enemy in a time of war. OFAC regulations go further and prohibit lawyers from giving free representation to people on the terrorist list unless the government gives them permission. Violations trigger punishment of up to 20 years in jail and fines of up to one million dollars.
We think the US constitution overrules these OFAC regulations. The First Amendment protects the right of non-profit lawyers and legal organizations to give pro bono legal representation to any US citizen. The Fifth Amendment protects the right of citizens to have that legal representation.
We know this is a controversial case. Representing someone accused of being a terrorist is a tough decision. CCR is a human rights organization. We condemn all killing of civilians for political purposes by any government or any organization or any individual.
What this case is really about is not Aulaqi but about our government disregarding the rule of law.
There are many reasons we can argue that premeditated killing by the government off the battlefield is illegal. The rule of law guaranteed by the US constitution binds even the President of the US and the military. Our constitutional system of checks and balances does not allow the executive branch of government to just decide in secret that they are going to kill people. The government certainly could not just execute him if he was in the US. The US would not allow other governments to come here and assassinate someone they opposed. And the US would never just fire drone strikes into the UK, China, Russia or Australia to kill someone. Yemen is over a thousand miles away from the battlefield of Afghanistan or Iraq. So why would anyone think it is legal to assassinate a US citizen in Yemen?
Despite these questions, Aulaqi has been the target of several unsuccessful drone strikes as the US military and CIA are actively trying to kill him.
These are all issues that should be decided in a court of law. That is why we are filing this suit.
His father, Nasser, said it best. If the government has proof his son violated the law, then they should charge him in public and let the law take its course.
If the government can find him to assassinate him, they can find him to bring him to justice.
The right to go to court to challenge the government is a core US value. It is important that we win the right to represent him no matter how controversial he is. Otherwise, the government can deprive citizens of their right to a lawyer at the exact same time as they are trying to kill them. The courts should make these decisions and people deserve the right to have lawyers try to challenge the government. That is what we are after and that is fair.
More: “Rule Limiting Legal Services in Terror Cases Is Challenged” (New York Times, 03 August 2010)
Truthout Is Preparing to Meet Trump’s Agenda With Resistance at Every Turn
Dear Truthout Community,
If you feel rage, despondency, confusion and deep fear today, you are not alone. We’re feeling it too. We are heartsick. Facing down Trump’s fascist agenda, we are desperately worried about the most vulnerable people among us, including our loved ones and everyone in the Truthout community, and our minds are racing a million miles a minute to try to map out all that needs to be done.
We must give ourselves space to grieve and feel our fear, feel our rage, and keep in the forefront of our mind the stark truth that millions of real human lives are on the line. And simultaneously, we’ve got to get to work, take stock of our resources, and prepare to throw ourselves full force into the movement.
Journalism is a linchpin of that movement. Even as we are reeling, we’re summoning up all the energy we can to face down what’s coming, because we know that one of the sharpest weapons against fascism is publishing the truth.
There are many terrifying planks to the Trump agenda, and we plan to devote ourselves to reporting thoroughly on each one and, crucially, covering the movements resisting them. We also recognize that Trump is a dire threat to journalism itself, and that we must take this seriously from the outset.
After the election, the four of us sat down to have some hard but necessary conversations about Truthout under a Trump presidency. How would we defend our publication from an avalanche of far right lawsuits that seek to bankrupt us? How would we keep our reporters safe if they need to cover outbreaks of political violence, or if they are targeted by authorities? How will we urgently produce the practical analysis, tools and movement coverage that you need right now — breaking through our normal routines to meet a terrifying moment in ways that best serve you?
It will be a tough, scary four years to produce social justice-driven journalism. We need to deliver news, strategy, liberatory ideas, tools and movement-sparking solutions with a force that we never have had to before. And at the same time, we desperately need to protect our ability to do so.
We know this is such a painful moment and donations may understandably be the last thing on your mind. But we must ask for your support, which is needed in a new and urgent way.
We promise we will kick into an even higher gear to give you truthful news that cuts against the disinformation and vitriol and hate and violence. We promise to publish analyses that will serve the needs of the movements we all rely on to survive the next four years, and even build for the future. We promise to be responsive, to recognize you as members of our community with a vital stake and voice in this work.
Please dig deep if you can, but a donation of any amount will be a truly meaningful and tangible action in this cataclysmic historical moment. We’re presently working to find 1500 new monthly donors to Truthout before the end of the year.
We’re with you. Let’s do all we can to move forward together.
With love, rage, and solidarity,
Maya, Negin, Saima, and Ziggy