Michael Sheehan

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 Agreed RT @bsdtectr Have to give props to Lemon for pushing back.
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bmaz .@MikeForester The Baltimore mayor seemed to have a bit of perspective, but, yes, Gov Hogan seemed like Ross Barnett or early George Wallace
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bmaz RT @MikeForester: @bmaz He borrowed Ross Barnett's playbook
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bmaz RT @BlanksSlate: @bmaz It worked for Bull Connor & George Wallace...what?!?
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bmaz Hey Maryland Governor Hogan, these are your citizens, that your state and cops have shit on and killed. Wake up man.
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bmaz Welp, this Larry Hogan, Governor of Maryland, is quite the jackass in saying it is all the fault of "outside agitators".
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bmaz I bitch+moan enough about @CNN lameness, but tonight in Baltimore is what they still do superbly. @jaketapper and crew are doing great work
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bmaz @ThomasonTweet Not sure there is a great answer. Good night.
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bmaz RT @ThomasonTweet: @bmaz and the systemic racial imbalance in the penal system is over-shadowed by the flames
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bmaz @ThomasonTweet Yeah+I know you have seen me rail about the regression we just took with Lynch from Holder. Progress is very halting it seems
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bmaz @ThomasonTweet It came close, but the pictures were really mostly of cops overreacting in Ferguson. This seems....different.
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bmaz @ThomasonTweet I think one of the great things about Ferguson is, despite a little ugliness+great police caterwauling, this didn't happen
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