I would expect that a judiciary body would find that there exists within the U.S. Constitution safeguards of the natural rights and protections of those American citizens who are Native-born, together with those of its specialized category of ‘Natural-born,’ as being innately Sovereign over the Federal Government, losing a critical measure of their liberties only upon conviction by jury trial of Treason and precipitating severe punishment.
The only citizenship-stripping which already finds precedent appears to be in the case of Naturalized immigrants who, having been found guilty in a jury trial of treasonous criminal activity, can not only be subject to severe punishment but also stand to forfeit their citizenship status that had been previously granted through the process of Naturalization (14th Amendment). But one’s Native-born and its specialized category of ‘Natural-born’ citizenship status are not dependent upon the 14th Amendment.
It seems to me that this “exploration” by the tyrannous neo-cons amounts to yet another attempt to usher in a Police State, to subvert the Republic. Apparently the Pentagon wants to usher in a Police State, as in TOTALITARIANISM.
It’s high time our elected representatives REPRESENT their constituent CITIZENS and set the Pentagon straight.
~ ~ ~ ~ ~ ~ ~
Pentagon Quietly Explores De-Citizenship of US Citizen Terrorists
By Steve Clemons – February 10, 2010, 12:07PM
Reposted from TPM
At the highest levels of the US military, a quiet discussion is going on about putting in place a legal framework that would permit the US government to strip American citizenship from terrorists.
The case of Las Cruces, New Mexico born al Qaeda commander Anwar al-Aulaqi, who has been a key organizer and recruiter for the terrorist organization in Yemen is the primary driver of this exploration of possibly modifying US law to allow “de-citizening.”
As the Washington Post‘s Dana Priest recently revealed, al-Aulaqi was added recently to a short list of other Americans for whom there are kill orders in place.
A senior Member of the Senate Select Committee on Intelligence has told me that to his knowledge, there has been no serious discussion in the Committee of stripping US citizenship from terrorists, but a senior Pentagon official has confirmed that some in the military are exploring the upsides and downsides of such a more routenized mechanism for stripping citizenship.
A national security attorney who serves in an advisory capacity to President Obama has reported to me that there is no legal way for the US military or the government to strip citizenship from Americans.
As Volokh then wrote pondering whether a terrorist could be stripped of his US citizenship:
Maybe. A federal statute says that a citizen loses his citizenship by “serving in the armed forces of a foreign state if such armed forces are engaged in hostilities against the United States” but only if he does so “with the intention of relinquishing United States [citizenship].”
This topic can be more ably discussed by sharp legal minds like Jeffrey Toobin, Jeffrey Rosen and Glenn Greenwald — but it seems to me that establishing a regularized legal framework specifying that alleged terrorists be stripped of US citizenship so that the military can deal with those de-nationed individuals differently reminds me of the kind of legal gray area that Cheney national security adviser David Addington loved to create.
By posting this question, I trust that others will review other cases and the legal background of this question of stripping citizenship in times of war — and weigh in.
The Pentagon’s top stars are mulling over this issue now and just beginning to probe receptevity in the administration and among some in Congress.