Bruce Van Baren (Loyola University Chicago School of Law) has posted President Obama’s Memo: The Legal Justification for the Targeted Killing of Anwar Al-Awlaki on SSRN. Here is the abstract:
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This Article analyzes whether the U.S. could legally kill Awlaki, an American-Yemeni dual citizen who was outside of the military battlefields of Iraq and Afghanistan. This Article first describes the development of the CIA’s covert drone program. Next, this Article discusses the targeted killing of Awlaki and the legal debate inside the White House prior to the strike. Then, this Article analyzes the secret legal memo that the White House relied on to justify the strike, concluding that the CIA’s targeted killing was legal because of Awlaki was “cobelligerent” with al Qaeda.
