Nick Baumann

Nick Baumann

Senior Editor

Nick is based in our DC bureau, where he covers national politics and civil liberties issues. Nick has also written for The Economist, The Atlantic, the Washington Monthly, and Commonweal. Email tips and insights to nbaumann [at] motherjones [dot] com. You can also follow him on Facebook.

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Obama Administration Won't Release Real Name of American It's Considering Killing Without Trial

| Fri Feb. 28, 2014 1:48 PM EST

President Barack Obama and his national security team are debating whether to kill Abdullah al-Shami, an American citizen whom they say is an Al Qaeda terrorist hiding out in Pakistan.

Shami wouldn't be the first American Al Qaeda suspect to be deliberately killed by the government without charge or trial. That distinction belongs to Anwar al-Awlaki, an Al Qaeda leader who was vaporized in a US drone strike in Yemen in 2011. In 2013, the government admitted that Awlaki was one of four Americans killed by drone strikes ordered by the Obama administration. Samir Khan, another American, was killed in the same strike as Awlaki. Abdulrahman al-Awlaki, Anwar's 16-year-old son, was killed in a separate strike several weeks later, although government sources have told reporters that Abdulrahman's death was a mistake. And Jude Mohammed, another American, was killed in a third strike in Pakistan the same year.

The government claims that, of the four Americans killed by drone strikes under Obama, only Awlaki was deliberately and specifically targeted for death—the first and only American to receive such treatment thus far. Shami would be the second.

This time, though, there's even less public information about the man the government is targeting for death. The New York Times' Mark Mazzetti and Eric Schmitt reported Friday that Shami is a nom de guerre, and the Obama administration won't even release the alleged terrorist's real name:

Interviews with American officials and outside terrorism experts sketch only the most impressionistic portraits of Mr. Shami.

Born in the United States, possibly in Texas, he moved with his family to the Middle East when he was a toddler. Obama administration officials declined requests to provide biographical information about Mr. Shami such as his real name and age—saying that the information is classified—or any specific information about where he was born or where he traveled after leaving the United States.

[...]

[Shami] came to the attention of the American authorities in 2008, around the same time that another American, Bryant Neal Vinas, was getting Qaeda training in Pakistan, one former counterterrorism official recalled. The authorities worried at the time that a surge of people with terrorism training and Western passports might be coming to the United States. Mr. Vinas was later captured and brought back to the United States, where he pleaded guilty to terrorism charges.

The contrast between Vinas, who was captured, and Shami, who was not, is fascinating. Vinas was brought into the federal court system and had the opportunity to avail himself of legal representation, presumably because the Obama administration thought it was important to give someone they wanted to lock up for a long time a trial. But when the administration wants to kill, rather than imprison, an American, the courts apparently don't have to be involved at all.

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Bush-Appointed Judge Rules that No-Fly List Makes Some Americans "Second-Class Citizens"

| Wed Jan. 22, 2014 9:06 PM EST

A Virginia man who claims that as a teenager he was detained, interrogated, and abused in Kuwait at the behest of the Obama administration (a story I wrote about here) has won a key victory in his lawsuit against the government. A George W. Bush-appointed judge allowed Gulet Mohamed's case to move forward on Wednesday, ruling that by putting him on the no-fly list (and thus infringing on his right to return home to the US), the government made him "a second class citizen."

Judge Anthony Trenga of the US District Court in Alexandria, Virginia, ruled that the no-fly list's "impact on a citizen who cannot use a commercial aircraft is profound," restricting the right to travel and visit family, the "ability to associate," and even the ability to hold down a job. Inclusion on the list also "also labels an American citizen a disloyal American who is capable of, and disposed toward committing, war crimes, and one can easily imagine the broad range of consequences that might be visited upon such a person if that stigmatizing designation were known by the general public," Trenga added. Here's another key excerpt:

In effect, placement on the No Fly List is life defining and life restricting across a broad range of constitutionally protected activities and aspirations; and a No Fly List designation transforms a person into a second class citizen, or worse. The issue, then, is whether and under what circumstances the government should have the ability to impose such a disability on an American citizen, who should make any such decision, according to what process, and by what standard of proof.

Trenga ruled that the government, which argued that Mohamed should go through the Department of Homeland Security's notoriously Kafkaesque no-fly list redress process before suing, had not made its case. "The current record," he wrote, "is inadequate to explain why judicial involvement before a person is placed on the No Fly List is either unnecessary or impractical, other than perhaps within the context of an emergency." In other words, the government should let the courts review placements before they happen—not wait for citizens to exhaust every avenue for complaint.

"We applaud this decision as a clear rebuke of the government's use of the no-fly list as applied to Americans," Gadeir Abbas, Mohamed's attorney, said in a statement released Wednesday evening.

Wednesday's was the second no-fly list ruling in as many weeks: on January 15, a court in San Francisco ruled that a former Stanford University doctoral student was not a national security threat and should be removed from the list.

You can read the whole Mohamed decision here:

 
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