Advancing a Free Society

Divisions within the Administration Concerning Al Aulaqi Response?

Thursday, September 16, 2010

Don’t miss this very interesting story from Charlie Savage on the argument going on within the administration concerning how to respond to the Al Aulaqi lawsuit. The story, which quotes both of my co-bloggers, suggests several possible lines of response to the ACLU-CCR suit on Al Aulaqi’s targeting. Administration lawyers are united, Savage reports, on the legality of the administration’s conduct, were it evaluated on its legal merits. But they understandably don’t want to litigate the matter on the merits, so several options are in play to avoid adjudication. These options, according to Savage are (1) arguing that Al Aulaqi’s father, who brought the suit, has no standing to do so, (2) invoking the state secrets doctrine, and (3) arguing that targeting decisions are “political question” not appropriate for judicial resolution.

Continue reading Benjamin Wittes at Lawfare…