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That Makes Over 21 Requests by 31 Members of Congress, Mr. President

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Adding the letter that Barbara Lee, as well as a list of all Members of Congress who have, at one time or another, requested the targeted killing memos.

February 2011: Ron Wyden asks the Director of National Intelligence for the legal analysis behind the targeted killing program; the letter references “similar requests to other officials.” (1) 

April 2011: Ron Wyden calls Eric Holder to ask for legal analysis on targeted killing. (2)

May 2011: DOJ responds to Wyden’s request, yet doesn’t answer key questions.

May 18-20, 2011: DOJ (including Office of Legislative Affairs) discusses “draft legal analysis regarding the application of domestic and international law to the use of lethal force in a foreign country against U.S. citizens” (this may be the DOJ response to Ron Wyden).

October 5, 2011: Chuck Grassley sends Eric Holder a letter requesting the OLC memo by October 27, 2011. (3)

November 8, 2011: Pat Leahy complains about past Administration refusal to share targeted killing OLC memo. Administration drafts white paper, but does not share with Congress yet. (4) 

February 8, 2012: Ron Wyden follows up on his earlier requests for information on the targeted killing memo with Eric Holder. (5)

March 7, 2012: Tom Graves (R-GA) asks Robert Mueller whether Eric Holder’s criteria for the targeted killing of Americans applies in the US; Mueller replies he’d have to ask DOJ. Per his office today, DOJ has not yet provided Graves with an answer. (6) 

March 8, 2012: Pat Leahy renews his request for the OLC memo at DOJ appropriations hearing.(7)

June 7, 2012: After Jerry Nadler requests the memo, Eric Holder commits to providing the House Judiciary a briefing–but not the OLC memo–within a month. (8)

June 12, 2012: Pat Leahy renews his request for the OLC memo at DOJ oversight hearing. (9)

June 22, 2012: DOJ provides Intelligence and Judiciary Committees with white paper dated November 8, 2011.

June 27, 2012: In Questions for the Record following a June 7 hearing, Jerry Nadler notes that DOJ has sought dismissal of court challenges to targeted killing by claiming “the appropriate check on executive branch conduct here is the Congress and that information is being shared with Congress to make that check a meaningful one,” but “we have yet to get any response” to “several requests” for the OLC memo authorizing targeted killing. He also renews his request for the briefing Holder had promised. (10)

July 19, 2012: Both Pat Leahy and Chuck Grassley complain about past unanswered requests for OLC memo. (Grassley prepared an amendment as well, but withdrew it in favor of Cornyn’s.) Leahy (but not Grassley) votes to table John Cornyn amendment to require Administration to release the memo.

July 24, 2012: SSCI passes Intelligence Authorization that requires DOJ to make all post-9/11 OLC memos available to the Senate Intelligence Committee, albeit with two big loopholes.

December 4, 2012: Jerry Nadler, John Conyers, and Bobby Scott ask for finalized white paper, all opinions on broader drone program (or at least a briefing), including signature strikes, an update on the drone rule book, and public release of the white paper.

December 19, 2012: Ted Poe and Tredy Gowdy send Eric Holder a letter asking specific questions about targeted killing (not limited to the killing of an American), including “Where is the legal authority for the President (or US intelligence agencies acting under his direction) to target and kill a US citizen abroad?”

January 14, 2013: Wyden writes John Brennan letter in anticipation of his confirmation hearing, renewing his request for targeted killing memos. (11)

January 25, 2013: Rand Paul asks John Brennan if he’ll release past and future OLC memos on targeting Americans. (12)

February 4, 2013: 11 Senators ask for any and all memos authorizing the killing of American citizens, hinting at filibuster of national security nominees. (13)

February 6, 2013: John McCain asks Brennan a number of questions about targeted killing, including whether he would make sure the memos are provided to Congress. (14)

February 7, 2013: Pat Leahy and Chuck Grassley ask that SJC be able to get the memos that SSCI had just gotten. (15)

February 7, 2013: In John Brennan’s confirmation hearing, Dianne Feinstein and Ron Wyden reveal there are still outstanding memos pertaining to killing Americans, and renew their demand for those memos. (16)

February 8, 2013: Poe and Gowdy follow up on their December 19 letter, adding several questions, particularly regarding what “informed, high level” officials make determinations on targeted killing criteria.

February 8, 2013: Bob Goodlatte, Trent Franks, and James Sensenbrenner join their Democratic colleagues to renew the December 4, 2012 request. (17)

February 12, 2013: Rand Paul sends second letter asking not just about white paper standards, but also about how National Security Act, Posse Commitatus, and Insurrection Acts would limit targeting Americans within the US.

February 13, 2013: In statement on targeted killings oversight, DiFi describes writing 3 previous letters to the Administration asking for targeted killing memos. (18, 19, 20)

February 20, 2013: Paul sends third letter, repeating his question about whether the President can have American killed inside the US.

February 27, 2013: At hearing on targeted killing of Americans, HJC Chair Bob Goodlatte — and several other members of the Committee — renews request for OLC memos. (21)

March 11, 2013: Barbara Lee and 7 other progressives ask Obama to release “in an unclassified form, the full legal basis of executive branch claims” about targeted killing, as well as the “architecture” of the drone program generally. (22)

All Members of Congress who have asked about Targeted Killing Memos and/or policies

  1. Ron Wyden
  2. Dianne Feinstein
  3. Saxby Chambliss
  4. Chuck Grassley
  5. Pat Leahy
  6. Tom Graves
  7. Jerry Nadler
  8. John Conyers
  9. Bobby Scott
  10. Ted Poe
  11. Trey Gowdy
  12. Rand Paul
  13. Mark Udall
  14. Dick Durbin
  15. Tom Udall
  16. Jeff Merkley
  17. Mike Lee
  18. Al Franken
  19. Mark Begich
  20. Susan Collins
  21. John McCain
  22. Bob Goodlatte
  23. Trent Franks
  24. James Sensenbrenner
  25. Barbara Lee
  26. Keith Ellison
  27. Raul Grijalva
  28. Donna Edwards
  29. Mike Honda
  30. Rush Holt
  31. James McGovern

Keith Ellison Salutes Mohammed Salman Hamdani

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As I predicted in my liveblog, the most emotional moment of Peter King’s MUAC Hearing came when Keith Ellison saluted the sacrifice of Mohammed Salman Hamdani.

Every American, including Muslim Americans, suffered on 9/11.

29 Muslims died at the World Trade Center;

3 Muslims died in the hijacked planes (United Flight 175 and American Flight 11).

Muslims stood with the rest of America united in grief, in their resolve to protect America.  Along with Americans of all faiths, Muslim Americans rushed in to save and rescue victims of Al-Quaeda’s terrorism.

Let me close with a story, but remember that it’s only one of many American stories that could be told.  Mohammed Salman Hamdani was a 23-year-old paramedic, a New York City police cadet and a Muslim American.  He was one of those brave first responders who tragically lost their lives in the 9/11 terrorist attacks almost a decade ago.  As The New York Times eulogized, “He wanted to be seen as an all-American kid. He wore No. 79 on the high school football team in Bayside, Queens, where he lived, and he was called Sal by his friends… He became a research assistant at Rockefeller University and drove an ambulance part-time. One Christmas, he sang in Handel’s Messiah in Queens. He saw all the Star Wars movies, and it was well known that his new Honda was the one with “Yung Jedi” license plates.

Mr. Hamdani bravely sacrificed his life to try and help others on 9/11.  After the tragedy some people tried to smear his character solely because of his Islamic faith.  Some people spread false rumors and speculated that he was in league with the attackers only because he was Muslim. It was only when his remains were identified that these lies were fully exposed.

Mohammed Salman Hamdani was a fellow American who gave his life for other Americans.  His life should not be defined as a member of an ethnic group or a member of a religion, but as an American who gave everything for his fellow citizens.

King’s cold response to Sheila Jackson Lee’s request that each member be permitted an opening statement is not the only point in the hearing when he looked like an asshole, though: he twice interrupted his own witness, Abdirizak Bihi, as well as interrupting Jackson Lee. The lesson being, I guess, that if you want to end radicalization in the Muslim community the thing to do is not let brown people speak.

Under Michael Chertoff, DHS Used David Horowitz Propaganda in Intell Report

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Mark Hosenball reports that Dianne Feinstein and other Senate Dems have accused the Department of Homeland Security’s spooks of using right wing propaganda to develop finished intelligence reports on Muslims. By looking at this paragraph from last year’s intelligence authorization…

The Committee has raised a number of concerns with reports issued by the Department of Homeland Security OIA that inappropriately analyze the legitimate activities of U.S. persons. These reports raised fundamental questions about the mission of the OIA and often used certain questionable open source information as a basis of their conclusions. The Committee recommends that the next Under Secretary for Intelligence and Analysis conduct a comprehensive review of the quality and relevance of the intelligence products produced by the OIA, and provide this review to the congressional intelligence committees within 180 days of enactment.

And analyzing the language from this letter from Russ Feingold and Jay Rockefeller, Hosenball credibly argues that DHS used David Horowitz’ DiscoverTheNetworks.org as a source for a least one intelligence report on a US Islamic leader. (The letter cites the tagline, “identif[y] the individuals and organizations that make up the left,” a term Horowitz has used.)

Among others targeted by Horowitz’ site–though not all Islamic leaders–are Keith Ellison, Arianna Huffington, and Kos. And, ironically enough, Janet Napolitano.

Hosenball also notes that the report on the Islamic leader using Horowitz’ site was developed for DHS’s Civil Rights Office, and from there, was circulated to other intelligence agencies.

Congressional officials say the Homeland intelligence report that particularly angered Feinstein and other committee members is still classified. Nevertheless, three current and former intelligence officials, requesting anonymity when discussing sensitive information, say the report in question is a profile of an unnamed but prominent American Islamic leader and was produced by Homeland Security’s intelligence office during the latter years of the Bush administration. The report was requested by the Department’s civil rights office, whose officials were preparing to meet with the Islamic leader. But instead of sending the civil rights office a quick bio of the individual in question, Homeland’s intelligence office issued a “finished” intel report that was circulated to other intelligence agencies and, eventually, to Congressional oversight committees.

In other words, Michael Chertoff was using the Civil Rights Office at DHS as the impetus to develop finished intelligence reports based on the First Amendment activities of Americans.

Remember the firestorm last year when wingnut groups learned DHS did a report–initiated by the Bush Administration–on right wing extremist groups?

The report, “Right-wing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment,” said right-wing extremist groups may be using the recession and the election of the nation’s first African-American president to recruit members.

The report, which was prepared in coordination with the FBI, was published last week. It was distributed to federal, state and local law enforcement officials. Mainstream media picked up the story after it was reported by conservative bloggers.

I wonder if they’ll show the same alarm with this report?