Radical Imam Anwar al-Aulaqi has now been placed on the Joint Special Operations Command (JSOC) target list, which means that he can be killed if spotted. (See also here)
Based on the reports that I’ve seen in the media, it’s pretty clear that there is probable cause to apprehend him on suspicion of a number of crimes, but basically, the JSOC is a hit list.
There won’t be any efforts to capture him, this means that he’s going to be taken out by a Predator drone or suchlike, and I find this to profoundly troubling.
Glenn Greenwald makes the point that this is authorizing the killing of an American citizen on the decision of one man, the President, a power that even George W. Bush did not claim, and I agree, though I am not quite as strident in my views.
Additionally, this has the effect of legitimizing the use of lethal force by other governments against those whom they deem terrorists.
Under the rules adopted, I could see the Chinese assassinating Uighur activists, the Russians assassinating Chechen activists, or the Turks assassinating Kurdish activists, on US soil.
Also, from a purely tactical perspective, if you have a person who is willing to die to accomplish their mission, and al Qaeda does, then it is rather simpler to locate the President of the United States than it is to locate Anwar al-Aulaqi or Saddam Hussein.
This may have the effect of encouraging direct action against American officials.