For over a year now journalists,
civil liberties advocates, and members of Congress have been asking
the Obama administration to release internal memoranda from the
Office of Legal Counsel justifying Obama's targeted killing
program. While the White House continues to deny that such memos
exist, NBC is reporting that it has acquired the next best thing: A
secretish 16-page white paper from the Department of Justice that
was provided to select members of the Senate last June.
Michael Isikoff reports that
[t]he 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.
[T]he confidential Justice Department “white
paper” introduces a more expansive definition of self-defense
or imminent attack than described by Brennan or Holder in
their public speeches. It refers, for example, to what
it calls a “broader concept of imminence” than actual intelligence
about any ongoing plot against the U.S. homeland.
Instead, it says, an “informed, high-level” official of
the U.S. government may determine that the targeted American
has been “recently” involved in “activities” posing a threat of a
violent attack and “there is no evidence suggesting that he
has renounced or abandoned such activities.” The memo does not
define “recently” or “activities.”
You can read the full memo below the jump.
Lawfulness of a Lethal Operation Directed Against a U.S. Citizen
who is a Senior Operational Leader of Al Q... by