How Many of the Seven Missing OLC Opinions Authorize Targeted Killing in Unknown Countries?

Dianne Feinstein has released a statement trying to pretend the Senate Intelligence Committee’s post-killing review constitutes enough oversight of the drone program. In it, she reveals that the Committee is still waiting on 5 OLC memos on targeted killing.

Since 2010 the committee has asked for copies of all the legal opinions written by the Office of Legal Counsel (OLC) at the Department of Justice on targeted killing. I have sent three letters, each joined by Vice Chairman Kit Bond or Vice Chairman Saxby Chambliss, requesting these opinions.

In 2012, the committee included a legislative provision in its annual authorization bill to require the executive branch to provide OLC opinions. Unfortunately that provision was removed prior to final passage of the bill. Until last week, the committee had been provided access to only two of the nine OLC opinions that we believe to exist on targeted killings.

Last week, senators on the committee were finally allowed to review two OLC opinions on the legal authority to strike U.S. citizens. We have reiterated our request for all nine OLC opinions—and any other relevant documents—in order to fully evaluate the executive branch’s legal reasoning, and to broaden access to the opinions to appropriate members of the committee staff.

So there are 9 total. The Committee had already seen 2. It got 2 more last Thursday. Leaving 5 memos on targeted killing — purportedly not related to US persons.

Update: Charlie Savage asked for clarification on the number. There are 11 total. The Committee is still waiting on 7.

If they don’t relate to US persons, then why is the Administration so squeamish about releasing them?

Remember, per Ron Wyden, the Administration still hadn’t provided the committee a list of all the countries it has used its lethal counterterrorism authorities.

So it’s hiding where it is using targeted killings in that form. How many specific OLC memos authorize the use of targeted killings in countries not imagined to be part of the scope of the current war on terror?

Update: I’ve changed the title to reflect the likelihood that we’re using targeted killing in some countries we’re not operating drones.

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4 Responses to How Many of the Seven Missing OLC Opinions Authorize Targeted Killing in Unknown Countries?

Emptywheel Twitterverse
bmaz I am not sure you geniuses on the east coast with long arm for asking, and short arm for answering, actually give a shit about Sep of Pwrs.
9mreplyretweetfavorite
bmaz I KNOW all you DC Press Peoples are all up on everything, but after weeks of telling you, now @lawfareblog says so, can you pay attention?
11mreplyretweetfavorite
bmaz Maybe the war drum bangers for Syria, Iraq, Ukraine, Somalia+all the other asinine places in world are right; history says no. cc: @lrozen
21mreplyretweetfavorite
bmaz .@nicholsong Ooops, yeah, I fell for that BS back in the day, see: http://t.co/zj45YfdKlZ But turned out to be total bullshit. cc: @lrozen
24mreplyretweetfavorite
bmaz .@nicholsong You have something that says the current, apparent, Obama Admin. rolling desecration of the WPR is fine and dandy? Really?
31mreplyretweetfavorite
bmaz So, sorry, hope I didn't insult any of high holy 30 somethings over petty little thing like Sep of Pwrs. Cause, you know #PoliticalBullshit
44mreplyretweetfavorite
bmaz Lawdy, I JUST CAN'T WAIT for some nubes at @TNR to tell me how freakin OK+normal it is for Obama to be desecrating WPR Separation of Powers.
49mreplyretweetfavorite
bmaz @timmathews Really, that is a great location, right in the heart of New Orleans. #BonusPointsForFalseCheer?
1hreplyretweetfavorite
bmaz @SuzanneTwoTon We can't go on like this together...
2hreplyretweetfavorite
bmaz They got the guns, but we got the numbers. Going to win, yeah we're taking over. Come on! #FamousPoet #Ferguson #MichaelBrown
2hreplyretweetfavorite
bmaz @SuzanneTwoTon Woo woo woo, I feel my temperature rising.
2hreplyretweetfavorite
bmaz @OBEYshiba No no, the Carol is at the Welcome! But, Ingos, yeah.
2hreplyretweetfavorite
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