AQIM

The Targeted Killing Memos Shared with NYT, But Not Senate Intelligence Committee

According to the National Journal, one of the memos the Administration refuses to share with the intelligence committees authorizes the use of force in Algeria and, perhaps also in the same memo, with Mali.

Despite President Obama’s pledge in his State of the Union address to make the drone program “even more transparent to the American people and to the world,” his administration continues to resist efforts by Congress, even from fellow Democrats, to obtain the full range of classified legal memos justifying “targeted killing.”

A key reason for that reticence, according to two sources who have read the memos or are aware of their contents, is that the documents contain secret protocols with foreign governments,

[snip]

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.

The Senate Intelligence Committee can’t learn the details of what the government is up to, the Administration says, because even sharing information (much less publicizing details) about our agreements with governments like Algeria would be embarrassing for all parties involved.

So who are the former and current government officials and senior administration officials leaking information to the NYT about new efforts — including the use of unarmed drones — to target the Algerian militant Mokhtar Belmokhtar in Algeria and Mali?

The NYT reports that earlier concerns about conducting operations not covered by the 2001 AUMF have recently been allayed.

The idea of taking stronger action in the region has been supported in recent months by Michael Sheehan, the senior counterterrorism official at the Pentagon, and Daniel Benjamin, who until December was the senior State Department counterterrorism official. In the past, State Department lawyers have questioned whether the military action approved by Congress against Al Qaeda after the Sept. 11, 2001, attacks authorized efforts to target extremists who were not clearly linked to the group. But according to some officials, those legal arguments  have recently been overcome.

“Those legal arguments have recently been overcome.” By the adoption of new OLC advice the Administration won’t share with Congress?

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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.
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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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