Learning From China

The so called "war on terror" is entering a new stark chapter.

According to San Francisco Chronicle's report,

President Barack Obama steered the nation's war machine into uncharted territory Friday when a U.S. drone attacked a convoy in Yemen and killed two American citizens who had become central figures in al-Qaida.

It was believed to be the first instance in which a U.S. citizen was tracked and executed based on secret intelligence and the president's say-so. And it raised major questions about the limitations of presidential power.

Anwar al-Awlaki, the target of the U.S. drone attack, was one of the best-known al-Qaida figures after Osama bin Laden. American intelligence officials had linked him to two nearly catastrophic attacks on U.S.-bound planes, an airliner on Christmas 2009 and cargo planes last year. The second American killed in the drone attack, Samir Kahn, was the editor of Inspire, a slick online magazine aimed at al-Qaida sympathizers in the West.

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"Anwar al-Awlaki is acting as a regional commander for al Qaeda in the Arabian Peninsula," White House spokesman Robert Gibbs told reporters in August 2010.

What if the U.S. was wrong, Gibbs was asked, what recourse does a citizen have to save himself? The CIA had misidentified and imprisoned the wrong person before. Gibbs sidestepped the question.

The U.S. has been inconsistent in how it describes al-Awlaki. The Treasury Department called him a leader of al-Qaida in Yemen. FBI Director Robert Mueller called him the leader. On Friday, Obama called him "the leader of external operations," the first time he has been described that way.

When word leaked out that al-Awlaki's name was on the list, his family rushed to court to try to stop the government from killing him, saying he had to be afforded the constitutional right to due process.

The idea of killing an American citizen provided critics with fodder for all sorts of comparisons showing the peculiarities of national security law and policy. The government could not listen to al-Awlaki's phone calls without a judge's approval, for instance, but could kill him on the president's say-so. The Obama administration opposed imprisoning terrorist suspects without due process but supported killing them without due process.

"If the Constitution means anything, it surely means that the president does not have unreviewable authority to summarily execute any American whom he concludes is an enemy of the state," ACLU lawyer Ben Wizner said Friday.

Indeed, one of the duty of the president is to protect and ensure due process for US citizens.  If according to his own judgement, he could have a US citizen killed, without explicit legal authorization, he is on shaky ground.

In order to be more responsible, the US would do better by learning from China.

After the international outcry against Chinese's secrete detention of high profile artist Ai Weiwei and the like, China now is proposing to overhaul the criminal penal codes, to legalize the secrete arrest and detention and disappearnces.

US and China have more similarities than most people think and we can be more like China, only if we keep pace with them.

Pink and Gray Landscape © Matthew Felix Sun