drone war

  • February 19, 2013

    by Jeremy Leaming

    Lawmakers, on national and state fronts, seem a bit more interested in knowing more about the Obama administration’s use of drones in targeted killings abroad and possibly some regulation of the counterterrorism measure. After the weak “white paper,” apparently a brief summary of several documents created by lawyers in the Office of Legal Counsel was made public by NBC, lawmakers and a few more journalists have discovered greater interest in the administration’s use of drones to take out suspected terrorists overseas.

    But reporting for Salon, Joan Walsh points to some polling that suggests that the administration’s expanding and secretive use of drones is getting a pass from and even winning over some liberals, who were not shy about blasting the Bush administration’s egregious legal reasoning used to justify torture of military detainees.

    A poll of 1,000 voters from last summer, conducted by Brown University political scientist Michael Tesler, “found significantly more support for targeted killing of suspected terrorists among white ‘racial liberals’ (i.e., those liberal on issues of race) and African Americans when they were told that Obama supported such a policy than when they were not told it was the president’s policy.”

    Walsh’s piece explains Tesler’s work, including some caveats, but concludes the polling suggests that respondents “reaction may be informed by their support for the president, which is at least a little bit troubling. The U.S. is moving into uncharged political, military and moral territory with the use of drones, as well as expanded claims of presidential powers on targeted killings, on what seems to be a global battlefield in time of endless war.”

    The support for counterterrorism policy solely or mostly on favorability of the president is highly disconcerting. Especially since the legal reasoning we’ve seen so far looks a lot like a just-trust-me policy. Indeed from a Dish post a couple weeks back, Andrew Sullivan blasted the wobbly white paper for its “corruption of the English language” and for coming “perilously close to the equivalent of ‘Because I said so.’ And the core message is trust me.’”

    Rolling Stone’s Matt Taibbi notes the “histornics and gymnastics some people have resorted to in their efforts to defend this infamous drone program. Extralegal murder is not an easy thing to manufacture consent around, and the signs of strain in the press have been pretty clear all around.”

     

  • February 8, 2013

    by Jeremy Leaming

    The Obama administration is bending very little to accommodate the mounting calls for the release of legal reasoning for targeted killings of U.S. citizens abroad. So far the president has only agreed to provide legal documents regarding the use of drones and targeted killings to a couple of congressional intelligence committees.

    But Senate Judiciary Committee leaders, Chairman Patrick Leahy (D-Vt.) and Ranking Member Chuck Grassley (R-Iowa) in a Feb. 7 letter to President Obama are calling for more information.  

    The white paper leaked earlier this week, apparently providing a summary of a document crafted by a few attorneys in the Department of Justice’s Office of Legal Counsel (OLC) advanced wobbly -- some have said shoddy -- arguments that the administration’s counterterrorism policy, especially its use of drones, does not subvert constitutional principles. The white paper, in part, concluded that the president could order a targeted killing if the suspected terrorist posed an “imminent threat to the country,” capture would prove “infeasible,’ and that the operation “would be conducted in a manner consistent with applicable law of war principles.”

    Constitutional law experts, like Georgetown’s David Cole blasted the white paper, concluding it allows for the federal government to “kill its own citizens in secret.” The drone war, he explained has significantly reduced “disincentives to killing.

    Leahy and Grassley are not terribly impressed with the white paper either, saying in their letter, that it “was not an adequate substitute for the underlying legal analysis that we believed had been prepared by the Department’s [DOJ] Office of Legal Counsel (OLC) ….”

    The senators also note that the legal arguments in the white paper centered on core constitutional concerns, such as the Fourth Amendment (bars government from “unreasonable searches and seizures” and the Fifth Amendment (the Amendment’s Due Process Clause provides or is supposed to provide for a fair hearing before government can “deprive a person of life, liberty, or property.")  The Senate Judiciary Committee also has “direct oversight jurisdiction over the Department, including OLC.”

    For a president who came to power promising a more transparent government – Obama had been a sharp critic of the prior administration’s proclivity for secrecy – it seems that the legal analysis apparently calling for an outlandish extension of executive power should be made public for all, not just a few senators.

     

  • February 6, 2013

    by Jeremy Leaming

    The increasingly disturbing use of Reaper and Predator drones to kill suspected terrorists, and too often civilians alongside them, was apparently given the green light by some DOJ lawyers in the Office of Legal Counsel (OLC). But that’s not for certain since the Obama administration rarely talks about the drone war.

    But a leaked white paper apparently crafted by lawyers in the OLC may be a summary of a more expansive document – the ACLU is suing to find out. The paper, however, as The New York Times and others have quickly noted advances convoluted and radical arguments for an outrageous expansion of executive power.

    Constitutional law scholar and Georgetown University law school professor David Cole, in a piece for NYR blog explores, “how we made killing easy.” And Cole notes by the way that the Obama administration is battling “tooth and nail” the ACLU’s effort to force the release of the entire  legal document.

    The white paper argues that an informed, high-ranking government official can order the killing of a U.S. citizen integral to or associated with Al-Qaeda abroad if the person poses an “imminent threat of violent attack” against the country, the person is unlikely to be captured and that the killing operation would be conducted in accordance with laws governing war.

    The brief paper tosses aside due process in a strained effort to justify executive branch power, with essentially no oversight, to order the killing of terrorist suspects, even U.S. citizens.

     

  • February 5, 2013

    by Jeremy Leaming

    The DOJ white paper advancing broad and opaque arguments for the executive branch to kill U.S. citizens thought to be connected with Al Qaeda is a “radical jurisprudential notion,” Salon’s David Sirota writes. He calls the jurisprudential notion “Too Big to Curtail.

    That moniker, he continues, “is the most accurate label to describe the machinery of the government’s ever-expanding drone war.”

    The DOJ’s white paper concludes three conditions must be met for the federal government to kill a U.S. citizen who is integral to Al Qaeda or “an associated force of” of the terrorist group without violating the Constitution. They require a high-ranking federal official who says the person targeted for killing is an “imminent threat to the country,” capturing the person is “infeasible,” and the lethal operation doesn’t violate laws governing use of force during war time.

    Sirota says the “most harrowing takeaway” from the DOJ document is that the killing of a U.S. citizen abroad can be made by a high-ranking government official even if there is no “clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future.”

    Essentially, Sirota continues, the white paper maintains that the “president doesn’t actually need evidence to order someone’s death.” 

    The Dish in a post dubbed, “The Executive As Executioner,” includes comment from an array of folks, including the ACLU’s Deputy Legal Director Jameel Jaffer.