Bates also said he must dismiss the case because Anwar al-Awlaki did not bring the suit himself. The judge was not swayed by the father's argument that the cleric could not sue because it would force him to come out of hiding in risk of his life. Bates said al-Awlaki could peacefully present himself under protection of international law and even suggested in a footnote that the cleric could possibly participate via videoconferencing while still in hiding.
Bates also said there's no evidence al-Awlaki wants his father to sue to protect his constitutional rights — the two are not in contact because of the safety risk. On the contrary, Bates said, al-Awlaki has publicly denounced the U.S. legal system and said Muslims are not bound by Western law.http://www.nytimes.com/aponline/2010/12/07/us/politics/AP-US-Cleric-Lawsuit.html