◼ NBC EXCLUSIVE: Justice Department memo reveals legal case for drone strikes on Americans - Michael Isikoff/National Investigative Correspondent, NBC News (photo via Drudge)
A confidential Justice Department memo concludes that the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” -- even if there is no intelligence indicating they are engaged in an active plot to attack the U.S.
The 16-page memo, a copy of which was obtained by NBC News, provides new details about the legal reasoning behind one of the Obama administration’s most secretive and controversial polices: its dramatically increased use of drone strikes against al-Qaida suspects, including those aimed at American citizens, such as the September 2011 strike in Yemen that killed alleged al-Qaida operatives Anwar al-Awlaki and Samir Khan. Both were U.S. citizens who had never been indicted by the U.S. government nor charged with any crimes.
The secrecy surrounding such strikes is fast emerging as a central issue in this week’s hearing of White House counterterrorism adviser John Brennan, a key architect of the drone campaign, to be CIA director.
...“This is a chilling document,” said Jameel Jaffer, deputy legal director of the ACLU, which has sued unsuccessfully in court to obtain administration memos about the targeted killing of Americans. “Basically, it argues that the government has the right to carry out the extrajudicial killing of an American citizen. … It recognizes some limits on the authority it sets out, but the limits are elastic and vaguely defined, and it’s easy to see how they could be manipulated.”
On Monday, a bipartisan group of 11 senators -- led by Democrat Ron Wyden of Oregon — wrote a letter to President Barack Obama asking him to release all Justice Department memos on the subject. While accepting that “there will clearly be circumstances in which the president has the authority to use lethal force” against Americans who take up arms against the country, it said, “It is vitally important ... for Congress and the American public to have a full understanding of how the executive branch interprets the limits and boundaries of this authority.”
◼ The Justice Department’s White Paper on Targeted Killing - Jameel Jaffer/Deputy Legal Director, ACLU
...The paper initially suggests, for example, that the government's authority to use lethal force is limited to people who present "imminent" threats, but it then proceeds to redefine the word imminence in a way that deprives the word of its ordinary meaning. The paper does something similar with the phrase "capture is infeasible." It initially sounds like a real limitation but by page 8 it seems to mean only that the government won't use lethal force if capture is more convenient. It's the language of limits—but without any real restrictions.
Even more problematic, the paper contends that the limits on the government's claimed authority are not enforceable in any court. ("There exists no appropriate judicial forum to evaluate these constitutional considerations.") According to the white paper, the government has the authority to carry out targeted killings of U.S. citizens without presenting evidence to a judge before the fact or after, and indeed without even acknowledging to the courts or to the public that the authority has been exercised. Without saying so explicitly, the government claims the authority to kill American terrorism suspects in secret.
...My colleagues will have more to say about the white paper soon, but my initial reaction is that the paper only underscores the irresponsible extravagance of the government's central claim. Even if the Obama administration is convinced of its own fundamental trustworthiness, the power this white paper sets out will be available to every future president—and every "informed high-level official" (!)—in every future conflict. As I said to Isikoff, that's truly a chilling thought.
Carney on drone strikes: "These strikes are legal, they are ethical, and they are wise."
— Andrew Kaczynski (@BuzzFeedAndrew) February 5, 2013
Now, Admin says the kill memo was 'just a draft.'Hey, let's write a memo abt killing Americans w/no due process just for the heck of it.
— kirsten powers (@kirstenpowers10) February 5, 2013
◼ Bolton: Leaked ‘drone attack on Americans’ memo consistent with US policy and appropriate to the threats we face - The Right Scoop
John Bolton doesn’t take issue with the leaked memo, arguing instead that it’s consistent with U.S. policy and that it is appropriate to the threats of terrorism we face. He does take issue with the ‘due process’ argument against it, suggesting that’s more an argument within the ‘law enforcement paradigm’ rather than the ‘war paradigm’ which is where this memo falls.
Please explain why waterboarding top-level terrorists to gain intel is terrible, but *killing* US citizen terrorists w/o due process is ok
— Guy Benson (@guypbenson) February 5, 2013
◼ Feinstein demands more details on armed drone strikes against US citizens - The Hill
Remember all those folks who subjected themselves to waterboarding to show how bad it was? Dial 1-800-DRONE-ME. Operators standing by!
— David Burge (@iowahawkblog) February 5, 2013
