"I Received A [Phone] Call Following Sheikh Anwar's Martyrdom From The ACLU And The CCR... [Asking] For My Permission To File A Lawsuit"
Q: "You said that you filed the lawsuit about Anwar; did you file it in an international court or an American one?"
A: "The United States of America committed a heinous act on Friday, September 30, 2011, in the targeted killing of one of its citizens, the preacher Sheikh Anwar bin Nasser Al-'Awlaki, using an unmanned aircraft [i.e. drone], and when it fired several missiles at the vehicle Anwar and three of his comrades where using in Al-Jawf governorate. The aerial strike led to the martyrdom of all of them, and this happened not during a battle but as they were preparing to perform the Juma prayer.
"As for the court, I received a [phone] call following Sheikh Anwar's martyrdom from the American Civil Liberties Union (ACLU) and the Center for Constitutional Rights (CCR)... which strongly denounced what had happened, and asked for my permission to file a lawsuit in the appropriate American courts against the American government, since the crime of killing Anwar and his comrades took place outside the legal framework, and this totally contravenes the U.S. Constitution."
Q: "How [far] has the lawsuit progressed?"
A: "We filed the lawsuit nearly three months ago, and there is no ruling yet. Also, our filing of the lawsuit coincided with a major media campaign adopted by some American newspapers and civil society organizations and law professors, in which they denounced what took place on the basis that the killing of Sheikh Anwar Al-'Awlaki was a total violation of his guaranteed rights under the U.S. Constitution…"
"When In 2010 A Lawsuit Was Filed In Court To Stop The Targeting Killing Of Anwar...The American Government Recruited Dozens Of Legal Experts From The Justice Department To Justify His [i.e. Anwar's] Targeting"
Q: "But did you get a response from official American entities?"
A: "How can we get a response from the American government when it ordered the targeting and killing of Sheikh Anwar Al-'Awlaki in the first place? On the contrary; when in 2010 a lawsuit was filed in court to stop the targeting killing of Anwar, [the order for] which was issued by President Obama, the American government recruited dozens of legal experts from the Justice Department to justify his [i.e. Anwar's] targeting, and refused to provide any details on the issue, which led the judge assigned to the case to reject the case on the grounds of [protecting the] higher interest of the U.S., and [on the grounds] that I was not authorized to bring Anwar's case, and [while] he knows that Anwar was hunted day and night by the American aircraft, and could not really defend himself."
Q: "Are there international courts in which such a case can be filed?"
A: "Yes, there are international bodies in which such cases can be filed, including the International Criminal Court; however, America considers itself above international law, and furthermore it is not a member of the International Criminal Court…"
"The Yemeni Government Collaborated In The Crime"
Q: "Why didn't Yemen file the lawsuit, considering that [Anwar was] a Yemeni citizen?"
A: "Unfortunately, the Yemeni government collaborated in the crime, by providing information to the Americans. In effect, there was an agreement between the Yemeni and American intelligence apparatuses, under which the former would submit a daily report on Anwar's activity and movements. The Yemeni government did not even demand an apology [from the U.S.] for killing Anwar and his comrades, or for killing innocent civilians in the village of Al-Majalah in late December 2009. Innocent civilians are still being killed in Yemen today by American planes, and there are no objections to these crimes on behalf of the government or other elements, except for extremely rare cases, in which harsh communiques are issued by some civil society organizations."
Q: "If the Yemeni government was party to the killing of Sheikh Anwar, why don't you file suit against them in Yemeni courts?"
A: "We do not rule out this possibility, but [this will be an option only] when the justice system [in Yemen] is a fair one, in contrast to the one currently in place."
"The Real Reason For Killing Anwar Was His Transcendent Talent – As The Americans Admit – To Convey His Da'wa Message To English-Speaking Muslims Around The World, Including In The U.S."
Q: "According to U.S. law, can the administration take steps such as this [the killing of Al-'Awlaki] in certain circumstances?"
A: "As I said before, in its war on so-called 'terrorism,' the U.S. administration sees itself as the law and uses all means, both legal and illegal, to justify its actions. When President Obama issued his decision to kill Sheikh Anwar Al-'Awlaki, he explained it [by claiming] that Anwar was a security risk for the U.S. and its people. This is a preposterous claim, since Anwar was accused of no wrongdoing and did not jeopardize U.S. security. He was simply an Islamic preacher who used the Internet for his preaching. His killing was contrary to international, American, and Yemeni law, and was carried out in a country that is not in a conflict or war with the U.S.
"In my opinion, the real reason for killing Anwar was his transcendent talent – as the Americans admit – to convey his Da'wa message to English-speaking Muslims around the world, including in the U.S. This worried the Americans [in particular] and the West in general, and caused their security apparatus to decide to kill him. [They thought] young Muslims would forget him. But look on the Internet now and you will see that the number of video clips featuring Anwar's voice went from 2,000 while he was alive to 11,000 after he was martyred. This means that the West, spearheaded by the U.S., completely failed to stop Anwar Al-'Awlaki's Da'wa activity. As one American official said, 'Anwar [Al-'Awlaki] harassed us in life, and continues to harass us after his death.'"
"The U.S. Administration, Headed By The Legal Expert Obama, Ignored U.S. Law And The Constitution"
Q: "The U.S. administration said that the action was carried out after it was approved by the U.S. Justice Department, and after its legitimacy had been examined by law professors."
A: "Unfortunately, the U.S. administration, headed by the legal expert Obama, ignored U.S. law and the Constitution, and allowed themselves to kill an American citizen in violation of U.S. and international law, and based on hollow explanations that the administration dares not clarify to the American people. The New York Times and the ACLU filed a lawsuit [on this matter] demanding that the court force the administration to publish the legal opinion given to Obama, on the basis of which he made the miserable decision to kill an American citizen.
"As for the U.S. Justice Department's study, I refer you to the opinion of one of the most senior legal experts in the U.S., Jonathan Turley, who published an article in Foreign Policy magazine on March 6, 2012... [in which] he stressed that there was no legal justification for killing Al-'Awlaki, that it blatantly violated U.S. law, and that it only reflects an imperialistic [U.S.] presidency that would make former President Nixon pale in comparison."
Q: "Have you read the [U.S. Justice Department] study?"
A: "How could I read it if it is still classified and President Obama and the Justice Minister [sic] refuse to release it even after the lawsuit I mentioned?"
Q: "Then how can you file a lawsuit against them in light of the law that essentially allows them to carry out such actions?"
A: "That is an excellent question, but what are my alternatives when my government [in Yemen] took part in this crime and doesn't have a fair legal system, and the U.S. does not respect international law? Therefore, I concluded that the best thing for me was to turn to the U.S. justice system, whatever the results may be. At the very least, I can use the trial to expose the disgraceful crime committed against my son and grandson."
Q: "Don't you suspect that [on the one hand] you will win the suit regarding [your grandson] 'Abd Al-Rahman, but that [on the other hand] the court will rule that killing Sheikh Anwar was justified?"
A: "Actually, I have discussed this extensively with the lawyers, and we ultimately decided to file one lawsuit regarding Anwar, 'Abd Al-Rahman, and Samir Khan, who was killed along with Anwar and who was also a U.S. citizen. The suit is based on the fact that the three were killed in cold blood, in violation of the law, that none of them were accused of any crime, and that their killing was carried out in a country that is not at war with the U.S."
"I Believe That The U.S. Justice System Can Be Fair"
Q: "Are you hopeful that the U.S. justice system will treat you justly and honestly?"
A: "I believe that the U.S. justice system can be fair [and operate independently] of the administration's interference and arbitrary claims regarding defending national security. In the coming weeks and months, we will know if my belief is correct or not."
Q: "Have you been advised to drop the suit in order not to be accused of [supporting] terrorism?"
A: "Of course not. I received no [such] advice, especially since this is a legal right that has nothing to do with terrorism..."
Q: "When Anwar's name was added to the U.S. administration's most wanted list, did you take any steps to rectify the matter?"
A: "Of course. After I became aware of reports in American and British newspapers that Obama had decided to kill Anwar, the first thing I did was to write him a letter condemning the decision, claiming that it was contrary to the constitution and the law, and demanding that there be an immediate halt to the targeting of my son... But the administration did not respond to the letter..."
Q: "Did you call Sheikh Anwar to discuss this with him?"
A: "I did not discuss this or anything else with Anwar. The last time I saw him was in April 2009, when I visited him in the town of Al-Saeed in the Shabwa governorate, at the request of former [Yemeni] president 'Ali 'Abdallah Saleh. [Saleh] asked me to persuade [Anwar] to return to Sana'a and live there, but Anwar refused, because, during my time in Al-Saeed, the then-[Yemeni] interior minister Mutaher Rashad Al-Masri issued an arrest warrant for Anwar by the governor and head of security forces in Shabwa [governorate] with no explanation. In addition, Anwar told me that he was free to live wherever he wished in Yemen..."
Q: "In 2011, a Yemeni court sentenced Sheikh Anwar to 10 years in prison for inciting to kill a French [citizen] in Sana'a. Did the court discover evidence to prove this?"
A: "The Yemeni court's ruling is unworthy of comment. And indeed, I ignored the court's deliberations, I was not present at any of them, and I did not ask any lawyers to defend Anwar because it was completely clear to me that it was a fabricated trial. Even Anwar's court appointed lawyer told the Yemen Times that the matter was totally fabricated."
"I Know For Certain That [Yemeni] Security Forces Monitored Anwar, In Complete Cooperation With The American Intelligence Apparatus"
Q: "You have said that former [Yemeni] president ['Ali 'Abdallah Saleh] swore that he had nothing to do with Sheikh Anwar's killing. Is this true, and do you believe that he was not involved?"
A: "Regarding former president 'Ali 'Abdallah Saleh and his stance on Anwar – as you know, our relationship has spanned more than three decades and is based on mutual esteem. But after Anwar's arrest in 2006, our relations began to worsen. However, in December, 2007, after my repeated pleas, [president] Saleh decided to release Anwar despite the will of the Americans and some of the [Yemeni] security apparatuses at the time. There is no doubt that the former president benefitted from the Anwar affair, since U.S. security aid to Yemen never exceeded $12 million, but after Anwar was made a target for killing in December 2009, and after an attempt was made on his life in the Rafd area in the Shabwa governorate (he was not there during the aerial attack), the U.S. aid increased to $150 million...
"As for the question of whether or not I believe [president] Saleh that he did not know [of the intention to kill Anwar] and had nothing to do with this crime – only Allah knows. But I know for certain that [Yemeni] security forces monitored Anwar, in complete cooperation with the American intelligence apparatus, and that there is no doubt that the Americans told the Yemeni security forces that they were about to commit this crime, and received their prior approval for it."
Q: "You have spoken with the former [Yemeni] president about Anwar. What did you talk about?"
A: "I spoke with him often about Anwar, on the phone and in person. He wanted Anwar to turn himself in to Yemeni authorities after the Fort Hood shooting, in which the American officer Nidal Hasan killed U.S. soldiers, and Anwar was accused of having ties to him. The former president swore to me [at the time] that he would never hand [Anwar] over to the U.S. authorities, no matter what. I jokingly said: 'Even if they pay you a billion dollars?' He responded: 'Even if they pay me billions, because the Yemeni constitution forbids it.' Naturally I had doubts regarding his [true] intentions, but [in any case] Anwar refused to turn himself in. He said that he had committed no crimes against Yemen or the U.S. for him to turn himself in to anyone. In several of his talks with me, [former president] Saleh appeared very concerned in a manner I had not seen before. In my opinion, this was due to the Americans' pressure on him."
