The White House’s Self-Authorization to Use Military Force in Algeria and Mali

Back when the Administration dug in its heels over releasing 7 OLC memos on targeted killing, I suggested at least some of the authorized targeted killing in places we’re not at war.

This National Journal story seems to suggest that that’s correct, at least in the case of Mali and Algeria.

Others may have been signed with the leaders of Algeria and Mali, the legal expert said. Given the widespread unpopularity of the drone program, the disclosure of these agreements could prove extremely embarrassing both for the United States and partner governments.

I have also suggested (though usually verbally) that others of the missing 7 memos authorize signature strikes in the two places we’re using them — Pakistan and Yemen. And while the NJ story is more confused on this point (it seems unclear how many memos there are, for example), it does appear that several of the memos involve secret protocols with those two countries.

A senator who sits on the Intelligence Committee and has read some of the memos also said that the still-unreleased memos contain secret protocols with the governments of Yemen and Pakistan on how targeted killings should be conducted. Information about these pacts, however, were not in the OLC opinions the senator has been allowed to see.

I’d be really curious how much the Yemeni memo involves protocols with Yemen, and how much it involves protocols with our buddies the Saudis.

The best part of the story, though, is the cranky Administration figure who may or may not be Tommy Vietor bitching that Dianne Feinstein would use this opportunity to force the Administration to hand over what it would otherwise refuse to hand over.

An Obama administration official who is familiar with the negotiations with Feinstein’s committee indicated that the White House was miffed at efforts by the senator and her staff to obtain all the memos at once, because such efforts play into the Republican strategy of using the dispute to delay the confirmation of John Brennan, Obama’s nominee to head the CIA and the main architect of the drone program, as well as Chuck Hagel as Defense secretary.

“These guys don’t even know what the hell they’re asking for,” the official said. “They think they can ‘reverse-engineer’ the [drone] program by asking for more memos, but these are not necessarily things that exist or are relevant…. What they’re asking for is to get more people read into very sensitive programs. That’s not a small decision.”

Uh, last I checked the only Republican — on the Senate Intelligence Committee, at least — who has made a stink about the OLC memos is Susan Collins (though given the reporting on this front, which says only Democrats care about memos, I think she may have flipped parties). The Democrats — plus Collins — who are pushing for memos are pushing to conduct oversight, not to delay the confirmation of Brennan and Hagel per se.

Maybe if the Administration hadn’t adopted a worse transparency standard than Bush lawyer Steven Bradbury, it wouldn’t leave key votes like this the only opportunity to conduct oversight.

But that’s a choice the Administration made, not some Republicans — or even Democrats — in the Senate.

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10 Responses to The White House’s Self-Authorization to Use Military Force in Algeria and Mali

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Emptywheel Twitterverse
bmaz @rickhasen It is absolutely brutal here. Airwaves are flooded by dark money ads against @FeleciaForAZ It is sick.
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bmaz @TimothyS @DougHenwood And thats because next President may appoint up to three Supreme Court justices. That cannot be left to a Republican
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bmaz @TimothyS @DougHenwood Fantastic article+agree completely with it. Still, if Hillary is the Dem who can win in 2016 I will vote for her.
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bmaz @jaketapper @evanperez Interesting he selected the banister issue, because they could have easily been pursued legally. So why weren't they?
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bmaz RT @Scout_Finch: This. RT @GibberishBabble: “@kharyp: There are more Donald Trump bankruptcies than US #Ebola cases. #UniteBlue http://t.co
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bmaz @speechboy71 @lrozen A pathetically naive and uninformed take.
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bmaz RT @nancyleong: A few words on #adjuncts & #adjunctwalkoutday. Hoping to help spread the word & hoping others will join me. http://t.co/EUk
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bmaz @mike_stark @AndyKroll @JamesOKeefeIII Sounds like the materials were available for public and not stolen per se. Sleazy but not criminal.
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bmaz Ryan Fitzpatrick, QB of Houston Texans: http://t.co/6hrqa07bsq Ed Smith, Captain of the Titanic: http://t.co/fPP57yVcWn You make the call.
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emptywheel I bet Keith Alexander is wondering why he doesn't get away w/the tricks Dick Cheney used to get away with, like dual hatting his spies.
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bmaz The Obama Admin is unprecedented at prosecuting leaks. So, where is the outcry+prosecution of FBI and DOJ/CRD over #MikeBrown Rule 6 leaks?
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