Anwar al-Aulaqi is a dual U.S.-Yemeni citizen who is believed to be currently in Yemen. See Plaintiff’s Complaint ¶¶ 17, 26. As noted above, the United States Intelligence Community has publicly disclosed some information concerning Anwar al-Aulaqi, see
Public DNI Clapper Decl. ¶¶ 13-15, including that:
* Anwar al-Aulaqi is a leader of AQAP, a Yemen-based terrorist group that has claimed responsibility for numerous terrorist acts against Saudi, Korean, Yemeni, and U.S. targets since January 2009. Id. ¶ 13.
* Anwar al-Aulaqi has pledged an oath of loyalty to AQAP emir, Nasir al-Wahishi, and is playing a key role in setting the strategic direction for AQAP. Id. ¶ 14.
* Anwar al-Aulaqi has also recruited individuals to join AQAP, facilitated training at camps in Yemen in support of acts of terrorism, and helped focus AQAP’s attention on planning attacks on U.S. interests. Id. ¶ 14.
* Since late 2009, Anwar al-Aulaqi has taken on an increasingly operational role in the group, including preparing Umar Farouk Abdulmutallab, who received instructions from Anwar Al–Aulaqi to detonate an explosive device aboard a U.S. airplane over U.S. airspace and thereafter attempted to do so aboard a Northwest Airlines flight from Amsterdam to Detroit on Christmas Day 2009, for his operation. Id. ¶ 15.
Based in part on this information, on July 16, 2010, the U.S. Department of the Treasury issued an order designating Anwar al-Aulaqi a “Specially Designated Global Terrorist” (SDGT) for, inter alia, “acting for or on behalf of al-Qaeda in the Arabian Peninsula (AQAP) . . . and for providing financial, material or technological support for, or other services to or in support of, acts of terrorism[.]”
Designation of ANWAR AL–AULAQI Pursuant to Executive Order 13224 and the Global Terrorism Sanctions Regulations, 31 C.F.R. Part 594, 75 Fed. Reg. 43233, 43234 (July 23, 2010).[1] On July 20, 2010, four days after the Treasury Department designated Anwar al-Aulaqi a Global Terrorist, the
United Nations’ Al-Qaeda and Taliban Sanctions Committee added him to its Consolidated List of individuals and entities associated with al-Qaeda, Osama bin Laden or the Taliban.[2] This listing was based on Anwar al-Aulaqi’s:
“participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of”, “recruiting for”, and “otherwise supporting acts or activities of ” Al-Qaeda (QE.4.01) and Al-Qaeda in the Arabian Peninsula (QE.A.129.10).
See
Press Release, United Nations, QI.A.283.10 ANWAR NASSER ABDULLA AL-AULAQI (July 20, 2010).[3] The United Nations based its listing of Anwar al-Aulaqi on findings that are ... [page break for footnotes below]
1. This designation was issued pursuant to the President’s authority under the
International Emergency Economic Powers Act (“IEEPA”), 50 U.S.C. §§ 1701-06. After the terrorist attacks of September 11, 2001, the President issued
Executive Order No. 13224 (“E.O. 13224”), 66 Fed. Reg. 49,079 (2001), effective September 24, 2001, declaring a national emergency with respect to the “grave acts of terrorism . . . and the continuing and immediate threat of further attacks on United States nationals or the United States.” See E.O. 13224, Preamble. The Secretary of State previously designated AQAP as a Foreign Terrorist Organization on January 19, 2010, pursuant to her powers under the
Antiterrorism and Effective Death Penalty Act, 8 U.S.C. § 1189.
(See
http://www.state.gov/r/pa/prs/ps/2010/01/135364.htm).
2. On October 15, 1999, the United Nations Security Council established the
Al-Qaeda and Taliban Sanctions Committee (“the Committee”). See U.N. Res. 1267 (Oct. 15, 1999)
(available at
http://daccess-ods.un.org/TMP/7965262.53223419.html). The Committee previously added al-Qaeda to the Consolidated List on October 6, 2001, and AQAP on January 19, 2010.
3. Available at
http://www.un.org/sc/committees/1267/NSQIA28310E.shtml.
substantially identical to those made by the U.S. Department of the Treasury. See id. In connection with the U.N. action, Ambassador Daniel Benjamin, the Department of State’s Coordinator for Counterterrorism explained:
Today’s designation of Anwar al-Aulaqi is in direct response to the operational role he plays in AQAP, and most importantly because of the integral part he played in planning AQAP’s attempted destruction of Northwest Airlines flight 253 over the United States. Anwar al-Aulaqi and AQAP actively engage in terrorist plotting with the intent to harm U.S. citizens. The UN’s listing of al-Aulaqi highlights the threat al-Aulaqi poses to the international community.
See Press Release, U.S. Department of State,
Listing of Al-Qaeda in the Arabian Peninsula (AQAP) (July 20, 2010) (available at
http://www.state.gov/r/pa/prs/ps/2010/07/144929.htm).[4]
The Director of the National Counterterrorism Center echoed these sentiments recently, testifying before Congress that “[d]ual US-Yemeni citizen and Islamic extremist ideologue Anwar al-Aulaqi played a significant role in the attempted [Christmas 2009] airliner attack . . . Aulaqi’s familiarity with the West and role in AQAP remain key concerns for us.”
See September 22, 2010 Statement by Michael Leiter to the Senate Homeland Security and Governmental Affairs Committee, Exhibit 3 at pg. 5.
Furthermore, as noted above, the Executive Branch has determined that AQAP is an organized armed group that is either part of al-Qaeda or, alternatively, is an organized associated force, or cobelligerent, of al-Qaeda that has directed attacks against the United States in the noninternational armed conflict between the United States and al-Qaeda that the Supreme Court has recognized (see Hamdan, 548 U.S. at 628-31). Accordingly, although it would not be appropriate to make a comprehensive statement as to the circumstances in which he might ... [page break for footnote below]
4. The OFAC and UN designations pertain solely to action taken to block assets and impose economic sanctions, and the information relied upon for the designations is set forth solely as publicly available background information.
lawfully do so, it is sufficient to note that,
consistent with the AUMF, and other applicable law, including the inherent right to self-defense, the President is authorized to use necessary and appropriate force against AQAP operational leaders, in compliance with applicable domestic and international legal requirements, including the laws of war.
The Other USG Non-Secret Memo
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