. >> reporter: the case at issue, the 2011 killing of american-born cleric, anwar al awlaki, a seniore aligned with al qaeda, notably, its communications chief, adam gadahn, who's on the most wanted list. the president insisted every american's legal rights are protected before they might be targeted for a kill. >> they are subject to the protections of the constitution and due process. >> reporter: but in a leaked 2012 justice department memo, the administration spells out the legality of killing americans overseas, who are involved with al qaeda, arguing it, quote, does not require the united states to have clear evidence of a specific plot. critics are alarmed. >> all they have to show is a general view that somebody is, you know, is doing something bad and hasn't renounced that. >> reporter: the leak is well timed. john brennan goes before the senate for confirmation as cia director on thursday, where he's expected to face tough questions about the targeted killings. as one of the chief architects of the controversial obama program, he's defended the program in the past. >> we con

that was the case in 2011 when a drone strike killed anwar al awlaki.ric holder defended the memo and the process behind it. >> one of the things i want to make sure everybody understands is that our primary concern is to keep the american people safe, but to do so in a way that's consistent with our laws and consistent with our values. we say that we only take these kinds of actions when there's an imminent threat, when capture is not feasible, and when we were confident that we're doing so in a way that's consistent with federal and international law. >> well, civil liberties advocates have reacted to that strongly saying the process is clouded in secrecy and the legal justifications are murky at best. for example, there's the question of how it's determined who should be on the government's hit list. according to the memo, quote, it's up to an informed high-level official of the u.s. government who, quote, has determined that the targeted individual poses an imminent threat of violent attack against the united states, close quote. nbc investigative c

in september, 2011, when president obama announced the killing of american-born al qaeda leader anwar al-awlaki. he was the target of a u.s. drone strike in yemen. >> the death of al-awlaki is a major blow to al qaeda's most active operational affiliates. he took the lead in planning and directing effortings to murder innocent americans. >> reporter: u.s. officials say al-awlaki inspired the fort hood shooter in 2009 and the failed bombing of a detroit airliner that christmas among other attempted attacks. three other americans, including al-awlaki's 16-year-old son, have so been killed by u.s. drone strikes in yemen. civil liberties groups have said such attacks deprive u.s. citizens of constitutional due process protection. but white house press s.e.c. jay carney justified those actions today as legal, ethical, and wise. >> the questions around this issue are important and the president takes them seriously. we have significant challenges because of the nature of the attacks, how they're planned, who plans them. but the is no question that senior operational leaders of al qaeda are con

surfaced in september 2011 when president obama announced the killing of american-born al qaeda leader anwar al-awlaki. he was the target of a u.s. drone strike in yemen. >> the death of al-awlaki is a major blow to al qaeda's most active operational affiliates. he took the lead in planning and directing effortings to murder innocent americans. >> reporter: u.s. officials say al-awlaki inspired the fort hood shooter in 2009 and the failed bombing of a detroit airliner that christmas among other attempted attacks. three other americans including al-awlaki's 16-year-old son, have also been killed by u.s. drone strikes in yemen. civil liberties groups have said such attacks deprive u.s. citizens of constitutional due process protection. but white house press s.e.c. jay carney justified those actions today as legal ethical and wise. >> the questions around this issue are important and the president takes them seriously. we have significant challenges because of the nature of the attacks, how they're planned, who plans them. but there is no question that senior operational leaders of al qaeda are co

would target a prominent al qaeda figure like anwar al awlaki in that war. with some exceptions, the broad political and moral issue here is not an issue with u.s. forces killing bad guys. the issue here is who is a bad guy and how do you figure it out? if this is the means by which we're going to decide not that you're going to be arrested and tried, but the means by which we will decide whether the president can order you dead, then on what basis is the president making that decision? how do they determine who is a bad guy? or as oregon senator ron wyden put it in a question, a written question to the president's cia nominee john brennan, how much evidence does the president need and have at least four hours left for sleep. do not take intermezzo if you have had an allergic reaction to drugs containing zolpidem, such as ambien. allergic reactions such as shortness of breath or swelling of your tongue or throat may occur and may be fatal. intermezzo should not be taken if you have taken another sleep medicine at bedtime or in the middle of the night or dran

document makes the case for drone strikes like the september 2011 attacks who kill the operative anwar al awlaki. >>> front and center in washington as president obama holds high-level talks on a topic at the white house, house members will tackle the issue on capitol hill. nbc's tracie potts joins us live with a preview. >> reporter: good morning. let's start at the white house. big group expected there today. two separate meetings, we've got labor leaders, business leaders included within the group, fbiu, the afl-cio, and also ceos of big companies like goldman sachs, coca-cola, united marriott, they're all coming together to talk about the impact of immigration. president obama wants a plan to put 11 million illegal immigrants on a path to stipulate shinn. republicans on capitol hill are worried that will happen before we secure the borders. separate from the white house meeting there's a hearing by house republicans here on capitol hill to talk about that. >> tracie potts in washington. thank you. >>> the next foreign policy debate involves the state department, iran and a monkey. ira

committees access to classified legal advice just fine drone strikes such as the one that killed anwar al-aulaqi in 2011. >> the methods that we used are designed specifically to avoid civilian casualties. >> it claimed the executive branch can be judge, jury, and executioner. >> a leaked memo says americans with ties to al qaeda can be killed if it is believed the target poses an imminent threat. it does not have to be evidence of a credible prospect. >> the senate is postponing a vote on chuck hagel. carl levin had hoped to vote on the nomination today, but he later issued a statement saying no vote would take place this week. a republican said they were dissatisfied with the information chuck hagel provided the panel last week in confirmation hearings. they want more details about his eighth speeches and business dealings. the former nebraska senator already faced opposition for its past statements and votes on israel iran, and nuclear weapons. the environmental community is praising president obama's as for interior secretary. a former bank executive was named. some republicans say sh

citizen anwar al awlaki. the paper discusses location of the first time this week, reportedly because the base's architect, john brennan, is now nominated to head the cia. the washington post admitted there were also part of "in informal arrangement among several news organizations that have been aware of the location for more than a year." critics are questioning the papers' silence, particularly because other outlets noted the location of the base months ago. the times of london mentioned it in july 2011 while fox news notification and an online article before broadening the language to say "arabian peninsula." adrian chen wrote -- a hunt is underway in southern california for former police officer accused of killing three people and launching a targeted offensive against the l.a. police department. christopher dorner, a former navy reserve lieutenant, posted a lengthy manifesto on facebook vowing "unconventional and asymmetrical warfare to those in lapd uniform." the l.a. police chief described the suspect

national self-defense would seem to describe the case of anwar al awlaki. by virtue of his birth in new mexico in 1971. al awlaki has been linked through e-mails with major malik hasan, the army psychiatrist who allegedly killed 13 people at ft. hood in texas. he was also linked to the so-called underwear bomber who tried to blow up an airplane bound for detroit back on christmas in 2010. and faisal shaz ad. the guy who tried to set off a car bomb in times square in the spring of 2010. moreover, al awlaki had ties to at least two of the 9/11 hijackers. so what's a commander in chief to do when someone american by birth inspires others to kill innocent americans? we know that this commander in chief gave the order to take him out, which was done with a drone in yemen on september 30, 2011. president obama's decision reminds me of this story. in 1955 the israeli philosopher yisha leibovitz wrote a letter to david ben gurion, israel's first prime minister, in which he complained about innocent palestinians killed during israeli operations. ben gurion then repli

case in point, anwar al awlaki, top al qaeda leader, linked to several terrorist attacks. he was killed in a 2011 drone strike. human rights advocates say the justice department memo goes way too far. and -- >> justifies essentially a claim that the executive branch can be judge, jury and executioner. >> reporter: as soon as he became president, barack obama stopped cia tactics like waterboarding that he considered torture. but this justifies outright killing of a suspect eed terrorist. how does dropping a bomb on american citizens without any judicial review, any trial, not raise the very human rights questions, or more human rights questions, than something like waterboarding? >> the president understands the gravity of these issues. that is why he is committed to taking very seriously his responsibilities. >> reporter: the white house says that the president's top priority has been to protect the american people in a way consistent with our values. but you can expect that his choice to run the cia if face sharp question s later this wee, and diane, some in congress say

anwar al awlaki, an american citizen and top al qaeda leader, linked to several terror attacks. he was killed in a 2011 drone strike. human rights advocates say the justice department memo goes way too far. and -- >> justifies, essentially, a claim that the executive branch can be judge, jury and executioner. >> reporter: as soon as he became president, barack obama stopped cia tactics like waterboarding, which he considered torture. but this justifies outright killing of a suspected terrorist. how does dropping an bomb on an american citizen without any judicial review, any trial, not raise the very human rights questions or more human rights questions than something like waterboarding? >> the president understands the gravity of these issues. that's why he's committed to taking very seriously, both his responsibilities in this. >> reporter: the white house says the president's top priority has been protecting the american people in a way consistent with our values. but you can expect that his choice to run the cia will face sharp questions about this later this week at his con

so far there's only one known case of an american targeted with a drone strive, anwar al- awlaki in yemen back in 2011. >>> east bay, chopper 5 is over the house fire in berkeley we told you about at the top of the news. this is at 1179 keith avenue in the berkeley foothills. as you can see, still engulfed. we have been watching the smoke pour from the second story of this home for the last several minutes. flames are shooting from the roof. firefighters now on the scene. they are trying to attack it as you can see from the ground there. past couple of minutes, those firefighters arriving no report of the cause or if anyone was inside. this is in the berkeley hills. we'll bring you more information as soon as we get it. >>> still ahead, today's healthwatch. breast cancer screenings for seniors. the changes a new study is suggesting. >> lots of sunshine outside right now. enjoy it while you can. we have some storm clouds on the horizon. we'll talk about that coming up. this is at 11-79 kieth avenue in >>> we're going to return back to that breaking news here in the east bay. chopper 5 over

the most high profile incident is the death of anwar al awlaki and al qaeda leader and american killed in a drone strike in yemen, in 2010. his father is suing multiple u.s. officials for the death of his son, and his grandson, abdul rahman, killed in a separate drone attack. >> i don't necessarily agree with what some of the things he said. but does that men they should kill him outside the law. >> as painful as it was to see your son killed, did you in the back of your mind expect that to happen? >> in anwar it was expected because he was under target killing. but how they go and kill abdul rahman, small boy, u.s. citizen from denver, colorado. >> no doubt, this leaked paper from the department of justice will come into play during the thursday's confirmation hearings for john brennan, nominated to become the next director of the cia. two voices i want to bring in. we have cnn senior legal analyst jeff toobin here sitting with me in new york and in atlanta, tom juneau, esquire writer at large. tom, let me begin with you. you and i have talked multiple times about drones, ad nauseam a

would target a prominent al qaeda figure like anwar al awlaki in that war.ceptions, the broad political and moral issue here is not an issue with u.s. forces killing bad guys. the issue here is who is a bad guy and how do you figure it out? if this is the means by which we're going to decide not that you're going to be arrested and tried, but the means by which we will decide whether the president can order you dead, then on what basis is the president making that decision? how do they determine who is a bad guy? or as oregon senator ron wyden put it in a question, a written question to the president's cia nominee john brennan, how much evidence does the president need to determine that a particular american can be lawfully killed? following naturally on from that, and this is the one that keeps me up at night, does the president have to provide individual americans with the opportunity to surrender before killing them? does this obligation change if the president's determination that a particular american is a valid target has not been publicly announced or

killing americans who are believed to be senior al qaeda leaders such as the american-bern cleric anwar al awlaki who was killed in a 2010 drone strike. critics say the drone strikes violate the law. >> we have something that even president bush didn't do which is to order the killing of a united states citizen without clear evidence of an immediate attack. >> on wednesday the white house defended the program. >> the methods that we use are designed specifically to avoid civilian casualties. i think it's fair to say that far fewer civilians lose their lives in an effort to go after senior leadership in al qaeda. >> brennan is likely to face tough questions from members of the president's own party. democrat ron wind of oregon is one of the senators who pressed the white house to talk about its leagueness. he was threatening to delay brennan's confirmation process and wants to know about his role in the drone program. despite the pushback john brennan is expected to be confirmed as head of the cia. in 2009 he took his name out of consideration for the post after questions were raised about

. >> anwar al awlaki was killed at an air base in 2011. anne-marie, there's apparently a growing number of these bases operated by the cia and the military. >> susan mcginnis in washington, thank you. >>> well, coming up on the morning news, division in the ranks as the boy scouts consider lifting a ban on gays. some members struggle over the change in policy. this is the "cbs morning news." >> announcer: "moneywatch" sponsored by vagisil. count on it. [ male announcer ] here's a fun fact: this single scoop of gain gives more freshness than a whole box of this other stuff... and that much freshness is gonna take some getting used to... [ sniffing ] ahh. mmm! [ male announcer ] yep, it's amazing what a single scoop of gain freshness can do. get more freshness from gain or get your money back, guaranteed. five days later, i had a massive heart attack. bayer aspirin was the first thing the emts gave me. now, i'm on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. [ woman ] learn f

despite major hasan's documented communications with the al qaeda leader anwar al awlaki, who has since in a u.s. drone strike. >> it was clearly an act of terrorism that occurred that day. there's no question in my mind. and i think the victims should be treated as such. >> reporter: one of the victims, former staff sergeant sean manning, who still has bullets lodged in his body, says he has lost almost $70,000 in benefits otherwise available to those with combat-related injuries. >> i mean, basically, they're treating us like i was downtown and got hit by a car. >> reporter: initially, an army review board did classify manning's injuries as combat related. but that was then overruled by higher-ups in the army. >> i never would have thought that they would have basically neglected the people that were killed and wounded that day. >> reporter: sergeant alonzo lunsford was shot seven times and blinded in one eye. there are some bullets still in his body. as he saw where he was shot -- in the new video obtained by abc news -- >> i saw my blood. >> reporter: munsford tells us he still suff

. >> anwar al awlaki was killed at an air base in 2011. anne-marie, there's apparently a growing number of these bases operated by the cia and the military. >> susan mcginnis in washington, thank you. >>> well the white house says president obama will travel to israel this spring. it will be from obama's first trip to israel as president. many israelis believe mr. obama has been less than supportive. he'll also visit the west bank and jordan. >>> now to the budget. the president is proposing another stop gap measure to avert the deep spending cuts due to kick in next month. his proposal to deal with the so-called sequester includes a revenue increase. it's getting a frosty welcome by congressional republicans though. danielle nottingham has that story. >> reporter: president obama is calls for massive across-the-board spending cuts with a short-term fix. >> our economy is headed in the right direction and it will stay that way as long as there aren't any more self-inflicted wounds coming out of washington. >> reporter: last year congress a

it has anwar al awlaki was killed by an american drone in yemen. was a terrorist behind the underwear bomber. the government didn't bring al awlaki to trial. it just killed him. >> all they have to show is a general view that somebody is doing something bad and hasn't renounced that. >> i don't agree with some of the things which anwar said, against the united states. does that mean they should kill him? >> cnn's league allege analyst jeffrey toobin says strikes like al awlaki's killing give a wide birth when it comes to war. if we can kill suspected american terrorists overseas, could we eventually do the very same thing on american soil? just how far are we willing to go in the fight against al qaeda? talkback question to you, should the u.s. be able to kill american terror suspects without trial? facebook.com/carol cnn or tweet me @carolcnn. when you have diabetes... your doctor will say get smart about your weight. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar

>> reporter: but today, new questions about drone strikes targeting american citizens, including anwar al awlaki. born in new mexico and killed in yemen in 2011. he allegedly directed the so-called underwear bomber, who tried to blow up an airliner over detroit in 2009. but awlaki was never charged with a crime. nbc news has obtained this confidential 16-page justice department memo that concludes lethal strikes against u.s. citizens who are operational leaders of al qaeda are a lawful act of national self-defense. >> we only take these kinds of actions when there's an imminent threat, when capture is not feasible, and when we are confident that we're doing so in a way that's consistent with federal and international law. >> reporter: but the memo appears to allow greater leeway than the administration has publicly acknowledged. it says an imminent threat does not require the united states to have clear evidence that a specific attack on u.s. persons and interests will take place in the immediate future. the aclu is challenging obama's drone policy and is suing the u.s. government over aw

citizen named anwar al-alaki. he is a radical cleric who the u.s. government says became a high leader in al qaeda and yemen. he was killed in a drone strike in 2011. the u.s. hasn't acknowledged that killing. they acknowledge he is dead, but they don't acknowledge the u.s. role in it. gwen: they killed his son and somebody he was there with at the time, another american citizen. >> gwen, we know at least three americans have been dead at the hand of drone strikes from the u.s. government, although there are some indications that two of those people, his son and the man with him, were more collateral damage than direct damage. gwen: here is what is interesting this week. we see this white paper memo come out which basically summarizes the administration's legal argument for this, no mention of this man at all. we see the senators asking for this information. we see the white house saying, oh, you can have some. why now? because brennan is up? >> well, because john brennan has been one of the president's closest advisorses and the man more or less tar

. >> anwar al-awlaki, he's a united states citizen born in new mexico.i'm not saying he's not, probably wasn't a very bad man. but that's hardly the point. we have lots of very bad people, who perhaps we would like to put behind bars or even execute, depending on your point of view on those things. but -- >> there was plenty of evidence that he was a suspect. >> i think that's right. but there's plenty of evidence that lots of people are suspected of doing lots of things. and that doesn't mean we shoot them from the sky. >> i agree with vicki on that. and on the al-awlaki case, center for constitutional rights and the aclu, we both have a legal challenge. we've actually had two. the first one was in 2010, to seek to prevent the killing of al-awlaki when it was made plain that he was put on the list. and the second case after al-awlaki was killed, he was also killed with another u.s. citizen. and then two weeks later, his 16-year-old son, about 400 kilometers away from where his father was killed was having dinner in an outdoor cafÉ with his cousin. and h