U.S. Justice Department: drone strikes on Americans ‘legal’

Source: Dateline Zero

NBC News obtained a 16-page memo in which the US Justice Department says an “informed, high-level” official of the U.S. government may determine that the targeted American has been “recently” involved in “activities” posing a threat of a violent attack and “there is no evidence suggesting that he has renounced or abandoned such activities.”

Michael Isikoff in the NBC report observes that the memo does not define “recently” or “activities.”

This seems to be in line with recent statements made by President Obama’s CIA pick, John Brennan; as well as Attorney General Eric Holder.

• White House counterterrorism adviser John Brennan said in April 2012: Drone strikes on American citizens “consistent with the inherent right of self-defense.”
• Attorney General Eric Holder March 2012: Killings of Americans justified if government officials determine the target poses “an imminent threat of violent attack.”

From NBC News:

A confidential Justice Department memo concludes that the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” — even if there is no intelligence indicating they are engaged in an active plot to attack the U.S.

The 16-page memo, a copy of which was obtained by NBC News, provides new details about the legal reasoning behind one of the Obama administration’s most secretive and controversial polices: its dramatically increased use of drone strikes against al-Qaida suspects abroad, including those aimed at American citizens, such as the September 2011 strike in Yemen that killed alleged al-Qaida operatives Anwar al-Awlaki and Samir Khan. Both were U.S. citizens who had never been indicted by the U.S. government nor charged with any crimes.

The secrecy surrounding such strikes is fast emerging as a central issue in this week’s hearing of White House counterterrorism adviser John Brennan, a key architect of the drone campaign, to be CIA director. Brennan was the first administration official to publicly acknowledge drone strikes in a speech last year, calling them “consistent with the inherent right of self-defense.”
…
It also discusses why such targeted killings would not be a war crime or violate a U.S. executive order banning assassinations.

“A lawful killing in self-defense is not an assassination,” the white paper reads. “In the Department’s view, a lethal operation conducted against a U.S. citizen whose conduct poses an imminent threat of violent attack against the United States would be a legitimate act of national self-defense that would not violate the assassination ban. Similarly, the use of lethal force, consistent with the laws of war, against an individual who is a legitimate military target would be lawful and would not violate the assassination ban.”

You can download a copy of the memo obtained by NBC here: 020413_DOJ_White_Paper

Note that the political class wants to use anything and everything to defend government, including drone strikes upon U.S. citizen who hadn’t even been formally charged with any crime. And yet they want “Mr and Mrs America” to turn in all our guns.

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