The Gang of Four Doesn’t Have Access to the Kill List

Particularly given the questions bmaz raised the other day, I wanted to point to something Dutch Ruppersberger, the Democratic Ranking Member of the House Intelligence Committee, had to say the other day. As part of the assurance he offered that the killing of Anwar al-Awlaki was legal, he admitted he doesn’t know whether Samir Khan, the other American citizen killed, was on the government’s kill list, because he doesn’t have access to the list.

Ruppersberger said al-Awlaki was on a special list of individuals that have attempted to attack the United States and are a severe threat to U.S. citizens.

“There’s a process that goes through the National Security Council, and then after that it goes to the president, and then the president then indicates that these individuals are on this list, and as a result of that process we followed it’s legal,” Ruppersberger said. “It’s legitimate, and we’re taking out someone who has attempted to attack us on numerous occasions, and he was on that list. It was pursuant to a process.”

Ruppersberger said he didn’t know if Khan was on the list.

“But Khan was a collateral damage issue here, and I don’t know because I don’t really have access to that list,” Ruppersberger said.

The Gang of Four (or possibly the full Eight, though only the Four have made comments about the killing) is presumably the only review anyone outside of the Executive Branch gives of its decisions to target people, including American citizens, for killing.

But if the Gang of Four doesn’t have access to the kill list, then the only opportunity they’ll have to review the government’s case that the target is indeed a legal target will come at a time when the government already has the person in their sights, presumably with a great deal of time sensitivity.

Yet another reason why this process is inadequate.

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Emptywheel Twitterverse
emptywheel Anyone want to give me $1 for every news article I find that conflates phone dragnet w/Section 215 between now and June?
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emptywheel Man. I was already gonna watch Bibi for the State of the Union like procession at the beginning (I hope), but intel leaking?!?! Popcorn.
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emptywheel RT @mawilner: White House officials warn: Declassifying US intel on #Iran in Congress speech would constitute an act of betrayal by @Netany
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emptywheel @nickmanes1 It's like falling off an ice-covered sidewalk. It comes back almost immediately.
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emptywheel @nickmanes1 Oh Manes, has it been so long since we got to freezing you forget that's when worst ice storms hit?
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emptywheel @digby56 And 5 of them are children of wealth (maybe 4.5, cause Gates had his own career).
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emptywheel @nickmanes1 Good! Cause there's a whole new dose of ice coming tomorrow!
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emptywheel @mattblaze I saw we build a Wisdom Community to combat the Intelligence Community.
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emptywheel RT @mgsledge: Chicago media is reprinting police press releases about Homan Square ... and not in a metaphorical sense http://t.co/diBhEaSh
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emptywheel @kurtopsahl I've got a good idea! Let's give them immunity!
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emptywheel @electrospaces The hand off between NSA and FBI is very much a black box (tho more keeps moving to FBI bc easier sharing rules) @dametzger
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