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 Confession: reading abt struggles of shitty airports makes me thankful. http://t.co/4quSITgumg Next up? All NYC airports!
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emptywheel @NC_Prime Brady and I pretty much coincided (if that can happen w/backup) tho only year I got tx was 99. @attackerman
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emptywheel @attackerman It's okay. I come from an extended family of 5 PSU grads and 1 PSU prof, but do okay.
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emptywheel @attackerman Is he a UM guy?
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emptywheel @NC_Prime You're a Pats fan AND a Wolverine fan? From Brady's era too? @attackerman
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emptywheel @attackerman In any case, that's my logic. May be a decent but crazy coach. But for college kids?
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emptywheel @attackerman stop Gonna report you. Ick.
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JimWhiteGNV Sad Aggies are sad.
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JimWhiteGNV RT @SpaceCoastLaw: Let's withdraw: unwinnable “@nytimes: Conflicting Policies on Syria and Islamic State Erode U.S. Standing in Mideast htt…
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emptywheel @attackerman Don't think you're allowed to say that if you're in state of MI cause folks insanely want him to take over in A2.
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emptywheel @puellavulnerata Interesting, as I've got one blocked but not the other.
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bmaz @walterwkatz @PhilPerspective Actually, end of season testing has been pretty fascinating for once.
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