Despite promise, US govt moves to classify justification for drone killing of American
RT | May 29, 2014
The Obama administration has launched a sudden effort to keep classified additional parts of a memo outlining the legal justification for the drone killing of an American a mere week after saying it would comply with a federal ruling to release the memo.
In January 2013, a Federal District Court judge decided that the US Justice Department could keep the document classified entirely. That ruling stood until April 2014, when a panel of the US Court of Appeals for the Second Circuit in New York ordered the government to publicize key parts of the document that provided the legal rationale for the drone strike that killed Anwar al-Awlaki.
Awlaki was born in New Mexico before moving to Yemen with his family as a child. He returned to the US again to attend college but eventually became a prominent Al-Qaeda propagandist who American intelligence officials have claimed helped plot terrorist attacks. He was killed by a September 2011 drone strike in Yemen that was authorized based on the 41-page memo, dated July 16, 2010.
President Barack Obama praised the strike at the time, telling reporters that Awlaki’s death was a “major blow to Al-Qaeda’s most active operational affiliate.”
The New York Times and American Civil Liberties Union have sought the release of the memo under the Freedom of Information Act.
It has been an issue of contention of late because David Barron, the former Justice Department attorney who wrote the memo, was confirmed by the US Senate by a narrow vote last week as a judge on a US appeals court. A number of senators said they would only vote to confirm Barron if the administration agreed not to appeal the April decision and release a redacted version of the document.
“I rise today to oppose the nomination of anyone who would argue that the president has the power to kill an American citizen not involved in combat and without a trial,” Senator Rand Paul said last week. “It is hard to argue for the trials for traitors and people who would wish to harm our fellow Americans. But a mature freedom defends the defenseless, allows trials for the guilty, and protects even speech of the most despicable nature.”
In a new court filing obtained by The New York Times, however, assistant US attorney Sarah Normand now argues that some of the information the administration pledged to reveal should actually remain secret.
“Some of the information appears to have been ordered disclosed based on inadvertence or mistake, or is subject is distinct exemption claims or other legal protections that have never been judicially considered,” she wrote.
The Justice Department also asked that the court keep the request for parts of the memo to remain secret. That request was denied, with the judge ordering the government to unveil previously secret negotiations between the court and prosecutions deliberating which aspects of the Barron memo would remain in the dark.
“It’s deeply disappointing to see the latest effort by the government to delay even further the release of this memo to the public,” New York Times attorney David McCraw told Politico. “The government reviewed the Second Circuit’s opinion before it was released. The court made redactions in response to that review. The fact that the government then waited five weeks to file a motion – seeking yet another opportunity to review what it has already reviewed – says volumes about the administration’s position on transparency.”
Senator Mark Udall (D-Colorado) was one of the lawmakers who said he only voted to confirm Barron because of the administration’s promise that “redactions to the memo would focus on still-classified information – not the legal reasoning itself,” he told the Times.
“I intend to hold the White House to its word,” Udall added.
US government admits to killing four American citizens with drones
RT | May 22, 2013
United States Attorney General Eric Holder has informed Congress that four American citizens have been killed in Yemen and Pakistan by US drones since 2009.
It has been widely reported but rarely acknowledged in Washington that three US citizens — Samir Khan, Anwar al-Awlaki and his teenage son, Abdulrahman al-Awlaki — were executed in Yemen by missile-equipped drones in 2011. With Holder’s latest admission, however, a fourth American — Jude Kenan Mohammed — has also been officially named as another casualty in America’s continuing drone war.
“Since 2009, the United States, in the conduct of US counterterrorism operations against al-Qaeda and its associated forces outside of areas of active hostilities, has specifically targeted and killed one US citizen, Anwar al-Awlaki,” the letter reads in part. “The United States is further aware of three other US citizens who have been killed in such US counterterrorism operations over that same time period,” Holder said before naming the other victims.
“These individuals were not specifically targeted by the United States,” the attorney general wrote.
The news of the admission broke Wednesday afternoon when New York Times reporter Charlie Savage published the letter sent from Holder to congressional leaders in a clear attempt to counter critics who have challenged the White House for falling short of US President Barack Obama’s campaign plans of utmost transparency. Upon a growing number of executive branch scandals worsened by the Department of Justice’s recently disclosed investigation of Associated Press journalists, Holder wrote that coming clean is an effort to include the American public in a discussion all too often conducted in the shadows cast by the US intelligence community.
“The administration is determined to continue these extensive outreach efforts to communicate with the American people,” continued Holder. “To this end, the president has directed me to disclose certain information that until now has been properly classified. You and other members of your committee have on numerous occasions expressed a particular interest in the administration’s use of lethal force against US citizens. In light of this face, I am writing to disclose to you certain information about the number of US citizens who have been killed by US counterterrorism operations outside of areas of active hostilities.”
The letter, dated Wednesday, May 22, was addressed to Sen. Patrick Leahy (D-Vermont) and the Senate Judiciary Committee.
Drone strikes have become a signature counterterrorism tool used by the Obama administration and his predecessor, President George W. Bush, and have been attributed with killing roughly 5,000 persons abroad, according to Sen. Lindsey Graham (R-South Carolina). But under the covert and protective umbrella of the Central Intelligence Agency, little has been formally acknowledged from Washington as to the details of these strikes.
As part of the vaguely defined ‘War on Terror,’ the US has reportedly waged drone strikes outside of Afghanistan where the Taliban once harbored al-Qaeda. In recent years, those strikes have targeted towns in neighboring Pakistan, as well as Yemen, Somalia and perhaps elsewhere.
But despite growing criticism over escalating use of drones, the president and his office has remained adamant about defending the operations.
“It’s important for everybody to understand that this thing is kept on a very tight leash,” Obama said last January, adding that his administration does not conduct “a whole bunch of strikes willy-nilly.”
Others have argued quite the opposite, though, and have opposed these drone strikes over the lack of due process involved and the habit of accidently executing civilians in the strikes. When researchers at Stanford University and New York University published their ‘Living Under Drones’ report last September, they found that roughly 2 percent of drone casualties are of top militant leaders. The Pakistani Interior Minister has said that around 80 percent of drone deaths in his country were suffered by civilians.
Earlier this year, Sen. Rand Paul (R-Kentucky) led a marathon filibuster on the floor of Congress to oppose the CIA’s drone program and demand the administration explain to elected lawmakers why the use of unmanned aerial vehicles is warranted in executing suspects, often killing innocent civilians as a result.
Of particular concern, Paul said, was whether or not the Obama administration would use the 2011 Yemen strike as justification to kill American citizens within the US. For 13 hours, he demanded the White House respond.
“I rise today to begin to filibuster John Brennan’s nomination for the CIA,” Sen. Paul said. “I will speak until I can no longer speak. I will speak as long as it takes, until the alarm is sounded from coast to coast that our Constitution is important, that your rights to trial by jury are precious, that no American should be killed by a drone on American soil without first being charged with a crime, without first being found to be guilty by a court.”
One day after the filibuster, both Attorney General Holder and White House Press Secretary Jay Carney reached out to Sen. Paul to say the president lacks the authority to issue such a strike within the US. With this week’s letter, however, Holder admits that at least four Americans have met their demise due to US drones. He also explains why the administration felt justified in using UAVs to execute its own people.
“Al-Awlaki repeatedly made clear his intent to attack US persons and his hope that these attacks would take American lives,” wrote Holder. “Based on this information, high-level US government officials appropriately concluded that al-Awlaki posed a continuing and imminent threat of violent attack against the United States.”
Later, Holder says the decision to strike al-Awlaki was “not taken lightly” and was first put into plan in early 2010. Additionally, Holder said the plan was “subjected to exceptionally rigorous interagency legal review” and that Justice Department lawyers and attorneys for other agencies agreed that it was the appropriate action to take.
According to Holder, the senior al-Awlaki and Mr. Khan were killed in the same September 2011 drone strike in Yemen. The following month, 16-year-old Abdulrahman Anwar Al-Awlaki was killed in a strike in the same country. Mohammed, a North Carolina resident born in 1988, was killed by a drone likely in November 2011 within a tribal area of Pakistan. Mohammed was indicted by a federal grand jury in 2009 for conspiracy to provide material support to terrorists and conspiracy to murder, kidnap, maim and injure persons in a foreign country, and was considered armed and dangerous by the Federal Bureau of Investigation. Both Khan and the older al-Awlaki were suspected members of al-Qaeda and were affiliated with the group’s magazine, Inspire.
Last February, friends of Mohammad told a North Carolina newspaper that they believed he was dead.
“Farhan Mohammed says he heard in November that his friend was killed in a drone strike,” Raleigh’s WRAL News reported in 2012. “Jude Mohammad’s pregnant wife was hysterical about her husband’s death and called her mother-in-law in the Triangle to break the news, according to Sabra. The US government hasn’t confirmed Mohammad’s death, but the people who knew him in North Carolina say it’s probably true.”
Holder declined to explain why either Mohammad or the teenage al-Awlaki were killed. President Obama is expected to discuss America’s drone program at an address in Washington on Thursday.
Related article
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Why the Awlakis Were Killed
By Jacob G. Hornberger | FFF | March 26, 2013
While President Obama, the Pentagon, and the CIA have steadfastly refused to say why they assassinated American citizen Anwar al-Awlaki, one thing remains beyond dispute: It wasn’t because Awlaki was trying to take away the freedom of the American people. It was instead because he was opposing the U.S. national-security state’s interventionism in the Middle East and neighboring regions.
The issue is a simple one:
People over there are saying to the Pentagon and the CIA:
Go home. Leave us alone. Close your military bases. Cease your sanctions, embargoes, coups, invasions, occupations, regime-change operations, threats, kidnapping, incarceration, prison camps, torture, and support of our dictators. Just go home and deal with your own problems.
On the other hand, the U.S. national-security state says:
Not on your life. We are the U.S. national-security state. We are a force for good in the world. We are here to help you. We have the right to do so. We have the right to bring you democracy and freedom and order and stability. We have the right to support your dictators, oust your rulers and install new ones, sanction and embargo you, kidnap, incarcerate, and torture you, and assassinate you. We are here to stay. You are free to protest to your heart’s content. But the minute you try to force us to return home, we will bomb, shoot, arrest, incarcerate, torture, execute, or assassinate you and anyone standing near you.
The rumor is that Awlaki had crossed the line from legitimate protest to some sort of “operational” role in attacks on U.S. troops over there. Nonetheless, the basic fact remains — he was killed not for trying to deprive the American people of their freedom but because he was supposedly part of an effort to force the Pentagon and the CIA to exit that part of the world and return home.
Awlaki wasn’t trying to take over the reins of the U.S. government in an attempt to enslave the American people. On the contrary, he left the United States with the sole intent of resisting the presence and activities of the U.S. national-security state over there.
By the way, the same principle applies to the assassination of Awlaki’s 16-year-old son, Abdulrahman. The rumor is that the boy was supposedly “collateral damage” from a drone missile fired at some supposed terrorist in Yemen. But like his father and, for that matter, all the other people they have assassinated over there, the supposed terrorist sitting next to Abdulrahman had no intent to cross the Atlantic Ocean as part of some gigantic terrorist army to invade, conquer, and occupy the United States and deprive Americans of their freedom. At most, the supposed terrorist was involved in the effort to oust the U.S. national-security state from that part of the world and force it to return home.
That’s what the assassinations are all about — not about defending the freedom of the American people but rather the “freedom” of the U.S. national-security state to do whatever it wants in the Middle East and elsewhere.
Why is this important? Because when a government is killing people, including both its own citizens and foreigners, it is incumbent on the citizenry to determine the reasons for the killings. Then, if the citizenry conclude that the reason for the killings is an illegitimate one, based on moral, ethical, religious, and spiritual factors, then it is up to the citizens to place the government back on the right track.
That’s where the role of conscience comes in.
Is the U.S. national-security state’s interventionism abroad a valid moral, ethical, religious, and spiritual justification for the Pentagon’s and CIA’s continued assassination of Americans and foreigners? Is it consistent with God’s laws and fundamental laws of morality? Is this the type of thing American Christians should be supporting? Or is it time for the American people to demand that the Pentagon and the CIA stop the killings and come home?
Obama and Co. Make Up the Law as They Kill
A Black Agenda Radio commentary by BAR executive editor Glen Ford | February 6, 2013
Unlike the bombast that characterized the Bush administration’s assaults on U.S. and international law, the Obama regime tends to dribble out its rationales for gutting the Bill of Rights and every notion of global legality. This president prefers to create a fog – let’s call it the fog of his war against human rights – as he arrogates to himself the power to perpetually imprison or to summarily execute anyone, at any time, anywhere in the world. Obama assures us such authority is constitutionally rooted – it’s in there, believe me, he tells us – but he never produces legal chapter and verse to prove that presidential dictatorship is lawful. Instead, we get dribs and drabs of the administration’s position from lawyers defending Obama’s preventive detention law in the courts, or from informal statements by the attorney general, or even little tidbits gleaned from an Obama conversation with comedian Jon Stewart.
The latest hors d’oeuvre to be dished out comes in the form of a leak. I say “dished out” because leaked documents are commonly placed in public view by the administration in power, to test the political waters. This leaked Justice Department “white paper” appears to have been drawn up after the execution-by-drone of U.S. citizen Anwar Awlaki, in Yemen. It justifies the killing of anyone occupying a position of status in al-Qaida, or with the ever-changing universe of groups said to be “associated” with al-Qaida. The document stretches the definition of “imminent threat” to cover anyone engaged in activities directed against the U.S., whether or not an actual operation is planned or in progress. Most interestingly, the white paper empowers Obama to delegate the kill-at-will authority to “an informed, high-level official of the U.S. government.” Which has a certain logic, since dictators certainly have the power to delegate the carrying out of their unjust acts to whomever they choose.
Eleven U.S. senators are asking for further clarification of the administration’s legal position. But that is just more fog, since the Congress overwhelmingly passed Obama’s preventive detention law – twice!! – a law based on the same assumption that due process of law does not apply when the president says it’s wartime. Therefore, the commander-in-chief can lock up any American, without charge or trial, forever, or until he declares peace. The U.S. attorney general, Eric Holder, has made the administration’s position clear enough. Due process, he says, does not necessarily mean access to the judicial process – meaning, a trial. The process is whatever the president or the nearest “informed, high-level official of the U.S. government” says it is. Obama had redefined war, itself. The president told the Congress, after bombing Libya for eight months, that by his definition – which is the only one that counts – no state of war exists unless Americans become casualties, even if the U.S. kills tens of thousands, or millions. Dr. Martin Luther King Jr. was fond of saying that the arc of history bends towards justice. In the long term, that may be true. But Martin’s arc is not bending towards justice under this administration. It bends towards fascism, with a Black presidential face.
Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.
Related article
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Justice Department White Paper Details Rationale for Targeted Killing of Americans
Document Outlines Government’s Claimed Authority to Kill American Citizens Outside Combat Zones
ACLU | February 4, 2013
NEW YORK – A Justice Department white paper argues that the government has the right to carry out the extrajudicial killing of American citizens that the government believes are affiliated with a terrorist organization, according to the document posted tonight on NBCNews.com. The white paper summarizes a memo prepared in 2010 by the Justice Department’s Office of Legal Counsel (OLC) to justify the targeting of U.S. citizen Anwar Al-Awlaki.
“This is a profoundly disturbing document, and it’s hard to believe that it was produced in a democracy built on a system of checks and balances. It summarizes in cold legal terms a stunning overreach of executive authority – the claimed power to declare Americans a threat and kill them far from a recognized battlefield and without any judicial involvement before or after the fact,” said Hina Shamsi, director of the ACLU’s National Security Project.
“But this briefing paper is not a substitute for the 50-page legal memo on which it’s based. When the executive branch seeks to give itself the unilateral authority to kill its own citizens, a summary of its argument is no substitute for the argument itself. Among other things, we need to know if the limits the executive purports to impose on its killing authority are as loosely defined as in this summary, because if they are, they ultimately mean little. President Obama rightly released the Bush-era OLC torture memos and he should now hold his own administration to the same standard by releasing its killing memo.”
Tomorrow, the American Civil Liberties Union and the Center for Constitutional Rights will file a court brief arguing against the government’s attempt to dismiss their lawsuit challenging the targeted killing of Al-Awlaki and two other Americans in Yemen in 2011, Al-Awlaki’s 16-year-old son Abdulrahman and Samir Khan.
The OLC memo summarized by the white paper is one of the documents sought by the ACLU’s pending Freedom of Information Act lawsuit. That case was dismissed last month by a federal judge in New York, and last Friday the ACLU filed a notice of appeal. The government argued that the requested documents cannot be released, despite the fact that government officials have talked publicly on numerous occasions about Al-Awlaki’s killing and the targeted killing program in general.
The D.C. Circuit Court of Appeals is currently considering another FOIA lawsuit filed by the ACLU seeking other information on the U.S. targeted killing program, including its legal basis, scope, and number of civilian casualties caused by drone strikes. The court heard oral argument in September.
An in-depth analysis of the DOJ white paper in a blog post written by ACLU Deputy Legal Director Jameel Jaffer is at:
www.aclu.org/blog/national-security/justice-department-white-paper-details-rationale-targeted-killing-americans
Information on the ACLU’s targeted killing lawsuits is at:
www.aclu.org/national-security/targeted-killings
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How the Media First Reported Abdulrahman Al-awlaki’s Assassination
By David Kretzmann | July 22nd, 2012
How was Abdulrahman’s targeted assassination initially reported in the media? Some quotes that sound very familiar with the usual semantics of all media coverage on drones and suspects:
“Yemeni officials told reporters that nine members of Al Qaeda in the Arabian Peninsula were killed in the strike near the town of Azzan in southeastern Yemen, including Awlaki’s 21-year-old son…” – LA Times, October 15, 2011
“Report: Al-Awlaki’s son among dead in U.S. airstrike on Yemen al-Qaida militants” – headline from Haaretz, October 15, 2011
“Official: Drone attack kills Al-Awlaki’s son in Yemen… The attacks, carried out in the Shabwa district, killed seven suspected militants, the defense ministry said.” – CNN, October 15, 2011
“Awlaki’s son is also among the 24 militants killed in air strikes targeting al-Qaeda in Yemen, local officials said.” – Al Arabiya News, October 15, 2011
“Three drone attacks in Yemen Friday night killed seven suspected militants including Anwar Al-Awlaki’s son, a security official said. Carried out in the Shabwa district, where the younger Awlaki had been holed up for more than eight months” – Business Insider, October 15, 2011
“U.S. drone strike in Yemen kills nine jihadis, including Awlaki’s son” – Hot Air, October 15, 2011
Lie #1: Abdulrahman is a 16 year old American teenager, not a 21 year old militant.
Lie #2: U.S. claimed al-Banna was the actual target. The problem with that excuse is that al-Banna is alive and well, and was never at that site. Since that revelation, the Obama Admin. simply states there is no official record of the death of Abdulrahman, and sweeps the story under the carpet so it doesn’t even have to take accountability that the crime even happened.
Lie #3: The media says Abdulrahman was hiding in the mountains for months. Actually, he left his home a couple weeks before to find out about his father, and even during that time he was living and moving around in the open, far from hiding.
It seems that being a suspected militant is enough to make you a viable target. And the criteria for determining what makes you a suspect is easily adjustable to their convenience it seems.
Barack Obama: the first U.S. president to use targeted assassination against a child.
Taken from: Abdulrahman Anwar Alawlaki – A crime we’ll never forget
White House wins fight to keep drone killings of Americans secret
RT | January 3, 2013
A federal judge issued a 75-page ruling on Wednesday that declares that the US Justice Department does not have a legal obligation to explain the rationale behind killing Americans with targeted drone strikes.
United States District Court Judge Colleen McMahon wrote in her finding this week that the Obama administration was largely in the right by rejecting Freedom of Information Act (FOIA) requests filed by the American Civil Liberties Union and The New York Times for materials pertaining to the use of unmanned aerial vehicles to execute three US citizens abroad in late 2011 [pdf].
Anwar al-Awlaki and Samir Khan, both US nationals with alleged ties to al-Qaeda, were killed on September 30th of that year using drone aircraft; days later, al-Awlaki’s teenage son, Abdulrahman al-Awlaki, was executed in the same manner. Although the Obama administration has remained largely quiet about the killings in the year since, a handful of statements made from senior White House officials, including President Barack Obama himself, have provided some but little insight into the Executive Branch’s insistence that the killings were all justified and constitutionally-sound. Attempts from the ACLU and the Times via FOIA requests to find out more have been unfruitful, though, which spawned a federal lawsuit that has only now been decided in court.
Siding with the defendants in what can easily be considered as cloaked in skepticism, Judge McMahon writes that the Obama White House has been correct in refusing the FOIA requests filed by the plaintiffs.
“There are indeed legitimate reasons, historical and legal, to question the legality of killings unilaterally authorized by the Executive that take place otherwise than on a ‘hot’ field of battle,” McMahon writes in her ruling. Because her decision must only weigh whether or not the Obama administration has been right in rejecting the FOIA requests, though, her ruling cannot take into consideration what sort of questions — be it historical, legal, ethical or moral — are raised by the ongoing practice of using remote-controlled drones to kill insurgents and, in these instances, US citizens.
“The Alice-in-Wonderland nature of this pronouncement is not lost on me; but after careful consideration, I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules — a veritable Catch-22,” she writes. “I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reason for their conclusion a secret.”
Throughout her ruling, Judge McMahon cites speeches from both President Obama and Attorney General Eric Holder in which the al-Awlaki killings are vaguely discussed, but appear to do little more than excuse the administration’s behavior with their own secretive explanations.
“The Constitution’s guarantee of due process is ironclad, and it is essential — but, as a recent court decision makes clear, it does not require judicial approval before the President may use force abroad against a senior operational leader of a foreign terrorist organization with which the United States is at war — even if that individual happens to be a US citizen,” McMahon quotes Mr. Holder as saying during a March 2012 address at Chicago’s Northwestern University. “Holder did not identify which recent court decisions so held,” the judge replies, “Nor did he explain exactly what process was given to the victims of targeted killings at locations far from ‘hot’ battlefields… ”
And while both Mr. Holder and President Obama have discussed the killings in public, including one appearance by the president on the Tonight Show with Jay Leno, the Justice Department insists that going further by releasing any legal evidence that supports the executions would be detrimental to national security.
While Judge McMahon ends up agreeing with the White House, she does so by making known her own weariness over how the Obama administration has forced the court to rely on their own insistence that information about the attacks simply cannot be discussed.
“As they gathered to draft a Constitution for their newly liberated country, the Founders — fresh from a war of independence from the rule of a King they styled a tyrant — were fearful of concentrating power in the hands of any single person or institution, and most particular in the executive,” McMahon writes.
Responding to the decision on Wednesday, ACLU Deputy Legal Director Jameel Jaffer issued a statement condemning the White House’s just-won ability to relieve itself from any fair and honest explanation as to the justification of Americans.
“This ruling denies the public access to crucial information about the government’s extrajudicial killing of US citizens and also effectively green-lights its practice of making selective and self-serving disclosures,” Jameel writes. “As the judge acknowledges, the targeted killing program raises profound questions about the appropriate limits on government power in our constitutional democracy. The public has a right to know more about the circumstances in which the government believes it can lawfully kill people, including US citizens, who are far from any battlefield and have never been charged with a crime.”
The ACLU says they plan to appeal Judge McMahon’s decision and are currently awaiting news regarding a separate lawsuit filed alongside the Center for Constitutional Rights that directly challenges the constitutionality of the targeted kills.
“The government has argued that case should also be dismissed,” the ACLU notes.
In a Wednesday afternoon statement from the Times, assistant general counsel David McCraw says the paper will appeal the ruling as well.
“We began this litigation because we believed our readers deserved to know more about the US government’s legal position on the use of targeted killings against persons having ties to terrorism, including US citizens,” McCraw says.
Although she ruled against the plaintiffs, Judge McMahon, says McCraw, explained “eloquently … why in a democracy the government should be addressing those questions openly and fully.”
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