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
bmaz We spoke to John Napier Tye, the US govt's ideal new whistleblower. https://t.co/DWu1y465XU @JasonLeopold shows "proper channels" is a joke
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bmaz I know everybody got a thrill off of Preet's Cuomo letter, but it really doesn't look like all that really. http://t.co/AvUi4gt44k
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emptywheel @nickmanes1 Also, is it just safe to ASSUME this guy is all paid up on his John Birch dues? @JPughMI @jenn_bowman
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emptywheel @nickmanes1 Where's the political thesaurus that lists Progressive Dems of America next to Communist Party USA? @JPughMI @jenn_bowman
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emptywheel @Ali_Gharib Hey, rugby & ultimate both serious sports, often competing at higher level than other sports. But no drug testing.
55mreplyretweetfavorite
emptywheel @Ali_Gharib But that doesn't include club sports like rugby and ultimate frisbee. Flawed study! @washingtonpost
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emptywheel @sarahjeong But on the other side you'll be free to tweet about eating dogs forever.
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emptywheel @sarahjeong That's not what Pando says.
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emptywheel @sarahjeong Does reminding you that bc HLS you're gonna rule the world and we should be wary of you as a result count?
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emptywheel @stm555 Neither's really "amusing." It's just...predictable. Plus, I think Thornberrry looks like Littlefinger, and he'd do this too.
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emptywheel Love how Mac Thornberry thinks it's "common sense" for defense contractors to pre-bribe him b4 he becomes HASC chair. http://t.co/09ENiu0gFZ
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bmaz RT @ChrisGunness: UNRWA is overwhelmed in #Gaza we have reached breaking point, our staff are being killed our shelters overflowing. Where …
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