Dianne Feinstein Agrees with Obama: Public Can’t Know Targeted Killing Legal Justification

At the end of a useful Steve Coll piece on the Constitutional danger of the Administration’s unilateral decisions to kill American citizens, he argues that Congress has the ability to force the Administration to release the process by which it executes Americans with no due process publicly.

None of Obama’s legal advisers has testified similarly about what secret system and classified legal memos may exist for judging, in the case of an American citizen targeted overseas, whether and why a capture attempt may be feasible. Congress has the power to force such statements onto the public record. It must try; it is obvious by now that the Obama Administration will not volunteer them. Is “kill or capture” a policy, or are the words just a screen for politically convenient targeted killings?

As I laid out the other day, Congress has tried to ask nicely for the memos on over 10 occasions, only to be blown off by the Administration.

That’s why Dianne Feinstein’s thus far successful effort to undercut John Cornyn’s effort to mandate release of the memos is so dangerous. John Cornyn’s amendment would mandate release to six oversight committees (those overseeing Intelligence, Judiciary, and Armed Services) within a month. DiFi’s bill would require release of all intelligence related memos (which is good), but only to the Intelligence Committees, and with loopholes  that would permit the Administration to withhold a slew of their legal authorities. And any release could be delayed 6 months beyond the passage of the bill (so, if Mitt were to win, beyond the end of the Obama Administration).

There is widespread bipartisan support for releasing a real explanation of this to the public, now. Cornyn’s amendment would be an important half measure, requiring release of the Awlaki kill memo at least to the members of Congress purportedly ensuring government activities remain constitutional. And yet DiFi’s efforts undercut even that half measure.

Update: My original title, which I’ve resigned to the dustbin of over-long novels, stunk. Thankfully, Kade Ellis gave me a better one.

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5 Responses to Dianne Feinstein Agrees with Obama: Public Can’t Know Targeted Killing Legal Justification

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Emptywheel Twitterverse
emptywheel @JayAckroyd Sure. Probably looked at the Clown Show GOP has become & said "here's my chance!" @poniewozik @digby56 @realDonaldTrump
bmaz Can you be more specific? Cause that's about any given 14 day period for the current iteration of the House. https://t.co/3y2ubHcthV
bmaz Pure Michigan Trash Talk https://t.co/atHKXeTASL Hail to The Fighting Journalists of Northwestern!
JimWhiteGNV My heart goes out to the generous people of Turkey on this tragic day. This beautiful rug is from wife's visit there http://t.co/4uSv5ViF3A
JimWhiteGNV Oh, crap. So sad to hear situation in Turkey getting worse. When will the bloodshed stop spreading?
emptywheel @peterwsinger They've been successful as they fight alongside "more extremist" factions--would be material support if Muslim teenager did it
emptywheel @joanneleon Maybe the overt program was just cover for the covert one, until it became inconvenient as a collosal failure? @MaxAbrahms
emptywheel Hey! America!! Our super secret covert program in Syria has been working great if you ignore how it's helping AQ!! http://t.co/wo8CvEKk1d
emptywheel @JayAckroyd Except anyone who's been paying attention knows GOP has been reality show for 2 cycles. @poniewozik @digby56 @realDonaldTrump
bmaz @Pachacutec_ Dude. Seriously? Would very much have liked that.
bmaz @Pachacutec_ Lasorda is an ass. But ya gotta love Da Bums!
bmaz @Pachacutec_ Gibby was the best!
August 2012
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