<p>The killing of Awlaki, a US citizen was authorised by the US justice department in a written opinion, Washington Post reported quoting a former senior intelligence officer.<br />The officer told the paper that CIA would not have killed the dreaded al-Qaeda leader without authorisation, which placed the cleric on the agency's "kill or capture list".<br /><br />The memo, the Post said, was circulated after senior lawyer from Obama administration reviewed the legal concerns about targeting the US nationals, at home or abroad.<br />"What constitutes due process in this case is a due process in war," said one of the officials, who spoke on the condition of anonymity to discuss closely held deliberations within the administration.<br /><br />The administration has faced a legal challenge and public criticism for targeting Awlaki, who was born in New Mexico, because of constitutional protections afforded US citizens.<br />The memorandum may represent an attempt to resolve, at least internally, a legal debate over whether a president can order the killing of US citizens overseas as a counter-terrorism measure.<br /><br />A second American killed in yesterday's attack was Samir Khan, a driving force behind Inspire, the English-language magazine produced by al-Qaeda in the Arabian Peninsula. An administration official said the CIA did not know Khan was with Awlaki, but they also considered Khan a belligerent whose presence near the target would not have stopped the attack.<br /><br />Last year, the Obama administration invoked the state secrets privilege to argue successfully for the dismissal of a lawsuit brought in US District Court in Washington by Awlaki's father, Nasser, seeking to block the targeting of his son.<br /><br />Judge John Bates found that in Awlaki's case, targeting was a "political question" to be decided by the executive branch.<br /><br />The decision to place Awlaki 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-Qaeda's affiliate in Yemen.<br /><br />The Post said the CIA reviews every six months to ensure that those targeted for possible killing remained threats as defined by law and presidential findings.</p>
<p>The killing of Awlaki, a US citizen was authorised by the US justice department in a written opinion, Washington Post reported quoting a former senior intelligence officer.<br />The officer told the paper that CIA would not have killed the dreaded al-Qaeda leader without authorisation, which placed the cleric on the agency's "kill or capture list".<br /><br />The memo, the Post said, was circulated after senior lawyer from Obama administration reviewed the legal concerns about targeting the US nationals, at home or abroad.<br />"What constitutes due process in this case is a due process in war," said one of the officials, who spoke on the condition of anonymity to discuss closely held deliberations within the administration.<br /><br />The administration has faced a legal challenge and public criticism for targeting Awlaki, who was born in New Mexico, because of constitutional protections afforded US citizens.<br />The memorandum may represent an attempt to resolve, at least internally, a legal debate over whether a president can order the killing of US citizens overseas as a counter-terrorism measure.<br /><br />A second American killed in yesterday's attack was Samir Khan, a driving force behind Inspire, the English-language magazine produced by al-Qaeda in the Arabian Peninsula. An administration official said the CIA did not know Khan was with Awlaki, but they also considered Khan a belligerent whose presence near the target would not have stopped the attack.<br /><br />Last year, the Obama administration invoked the state secrets privilege to argue successfully for the dismissal of a lawsuit brought in US District Court in Washington by Awlaki's father, Nasser, seeking to block the targeting of his son.<br /><br />Judge John Bates found that in Awlaki's case, targeting was a "political question" to be decided by the executive branch.<br /><br />The decision to place Awlaki 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-Qaeda's affiliate in Yemen.<br /><br />The Post said the CIA reviews every six months to ensure that those targeted for possible killing remained threats as defined by law and presidential findings.</p>