Arresting a civilian, or issuing a warrant for a civilian, inside North America is very different from doing so for someone at "war" with the US from the deserts of Yemen.
You may not like it, you may not think it was sufficient (it's certainly debatable), but a legal process was followed in Awlaki's case.
http://www.washingto...x1bUAL_print.html
ÂAs a general matter, it would be entirely lawful for the United States to target high-level leaders of enemy forces, regardless of their nationality, who are plotting to kill Americans both under the authority provided by Congress in its use of military force in the armed conflict with al-Qaeda, the Taliban, and associated forces as well as established international law that recognizes our right of self-defense, an administration official said in a statement Friday.
President Obama and various administration officials referred to Aulaqi publicly for the first time Friday as the Âexternal operations chief for al-Qaeda in the Arabian Peninsula, a label that may be intended to underscore his status as an operational leader who posed an imminent threat.
A Justice Department spokeswoman declined to comment. The administration officials refused to disclose the exact legal analysis used to authorize targeting Aulaqi, or how they considered any Fifth Amendment right to due process.
Robert Chesney, a law professor at the University of Texas at Austin who specializes in national security law, said the government likely reviewed AulaqiÂs constitutional rights, but concluded that he was an imminent threat and was deliberately hiding in a place where neither the United States nor Yemen could realistically capture him.
Last year, the Obama administration invoked the state secrets privilege to argue successfully for the dismissal of a lawsuit brought in U.S. District Court in Washington by AulaqiÂs father, Nasser, seeking to block the targeting of his son. Judge John Bates found that in AulaqiÂs case, targeting was a Âpolitical question to be decided by the executive branch.
The decision to place Aulaqi on a capture or kill list was made in early 2010, after intelligence officials concluded that he played a direct role in the plot to blow up a jet over Detroit and had become an operational figure within al-QaedaÂs affiliate in Yemen.
There are legal restraints in place on what the President can do. If you don't think they're sufficient: lobby your Congressman and Senator to have the laws changed; send money to the ACLU to file more lawsuits; picket the Pentagon; write advocacy posts.
Writing hyperbolic posts that are easily rebutted doesn't help your arguments. IMO.
FWIW.
Cheers,
Scott.