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 I'm grateful my all-butter crust didn't collapse on the pre-bake, and I'm grateful that the local stone-ground wheat came back just in time.
emptywheel RT @JimmySky: An advance party of religious zealots carrying exotic diseases who are ultimately destined to displace the natives? https://t…
bmaz @armandodkos It was horrible. Truly dumb.
bmaz @michaelwhitney Heh, I liked the "got herbed" version.
bmaz @armandodkos Did you not see me screaming about this?? It is fucking malpractice. What in the world is he doing yakking to the press?
bmaz RT @michaelwhitney: 8:40am, thanksgiving, at a bar. buffalo. https://t.co/zd6987m5hp
bmaz @michaelwhitney I love you man. Did y'all just spend the night in the bar??
bmaz FISC Makes Far Better Amicus Choices Than I Expected https://t.co/C1JKt1M5uA Yes, all in all, not bad surprisingly.
emptywheel @drfarls They're just bitter they're not getting due credit for inventing it.
emptywheel NYT food writing re-jumps the shark. https://t.co/IyETnn0TVG
emptywheel @mla1396 Yup. And yesterday's "report" raises more Qs for me abt how US avoided vetting it than before. @DionNissenbaum @rodnordland
emptywheel Key to MSF "whitewash." After 1st 3-week investigation, DOD started NEW 3-week investigation, w/o input of Afghans. https://t.co/MLHmNfXpLp
August 2012
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