** FILE ** This October 2008 file photo by Muhammad ud-Deen shows Imam Anwar al-Awlaki in Yemen. The Obama administration is asking a judge in a court filing early Saturday, Sept. 25, 2010, to dismiss a lawsuit filed on behalf of the U.S.-born radical cleric saying that the issues in the case are for the executive branch of government to decide rather than the courts. (AP Photo/Muhammad ud-Deen, File)

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** FILE ** This October 2008 file photo by Muhammad ud-Deen shows Imam Anwar al-Awlaki in Yemen. The Obama administration is asking a judge in a court filing early Saturday, Sept. 25, 2010, to dismiss a lawsuit filed on behalf of the U.S.-born radical cleric saying that the issues in the case are for the executive branch of government to decide rather than the courts. (AP Photo/Muhammad ud-Deen, File)