Mali

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
JimWhiteGNV RT @APDiploWriter: KABUL, Afghanistan (AP) - #Afghanistan, #US sign security pact allowing US forces to remain in country past end of year.
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bmaz RT @JackofKent: Today the Tories will deride the Human Rights Act, which you can enforce in court, and praise Magna Carta, which you cannot.
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bmaz @MonaHol @emptywheel It absolutely is worth it. More people should understand what's being done. It is just sad this is "news" cause its not
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emptywheel @MonaHol I believe it can be shown to be either non-compliant or partial, but haven't looked closely yet. @bmaz
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emptywheel @MonaHol What is actual news abt ACLU release is govt has now committed to what their 12333 compliance is. @bmaz
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emptywheel @MonaHol Glad docs are out so other people stop getting snookered by sources. But that was easily avoidable. @bmaz
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emptywheel @MonaHol It was also laid out in FISCR opinion declassed in 2009. Big part of 2007 debate on FAA. And so on and so on @bmaz
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emptywheel @MonaHol For those who haven't read 2009 docs this might be surprising. But far more substantive details already in record. @bmaz
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emptywheel @MonaHol Not in the least surprising. Many of my 50+ posts on all this lay that out. Clarke testified to same. @bmaz
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emptywheel @pwnallthethings First shot at Awlaki may have been parts of DOD going rogue, but generally agree. @normative @BradMossEsq
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emptywheel @pwnallthethings That said, on both torture and Awlaki killing, case is strong POTUS did not comply w/Findings reqt @normative @BradMossEsq
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emptywheel @pwnallthethings Actually think Findings like system is minimal change that should have come fr Snowden's leaks. @normative @BradMossEsq
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