published Friday, April 4th, 2014

Judge dismisses lawsuit Obama administration over drone strikes

Faisal Ali Bin Jaber, a relative of victims of drone strikes, wears a shirt with anti-drone strike slogans as he attends the opening ceremony of the National Organization for the Victims of Drones in Sanaa, Yemen.
Faisal Ali Bin Jaber, a relative of victims of drone strikes, wears a shirt with anti-drone strike slogans as he attends the opening ceremony of the National Organization for the Victims of Drones in Sanaa, Yemen.
Photo by Associated Press /Chattanooga Times Free Press.

WASHINGTON — A federal judge on Friday dismissed a lawsuit against Obama administration officials for the 2011 drone-strike killings of three U.S. citizens in Yemen, including an al-Qaida cleric.

U.S. District Judge Rosemary Collyer said the case raises serious constitutional issues and is not easy to answer, but that "on these facts and under this circuit's precedent," the court will grant the Obama administration's request.

The suit was against then-Defense Secretary Leon Panetta, then-CIA Director David Petraeus and two commanders in the military's Special Operations forces.

Permitting a lawsuit against individual officials "under the circumstances of this case would impermissibly draw the court into 'the heart of executive and military planning and deliberation,'" said Collyer. She said the suit would require the court to examine national security policy and the military chain of command as well as operational combat decisions regarding the designation of targets and how best to counter threats to the United States.

The government has argued that the issue is best left to Congress and the executive branch, not judges, and that courts have recognized that the defense of the nation should be left to those political branches

U.S.-born al-Qaida leader Anwar al-Awlaki and Samir Khan, an al-Qaida propagandist, were killed in a drone strike in September 2011. Al-Awlaki's 16-year-old son, Abdulrahman, was killed the following month.

The lawsuit was filed by Nasser al-Awlaki — Anwar's father and the teen's grandfather — and by Sarah Khan, Samir Khan's mother

Al-Awlaki had been linked to the planning and execution of several attacks targeting U.S. and Western interests, including a 2009 attempt on the Detroit-bound airliner and a 2010 plot against cargo planes.

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