Revised 6:59 am.
The last few days, the mainstreamish media and Congress have professed shock and outrage over the Office of Legal Counsel white paper and its ambiguous rationale on President Obama’s targeted killing program. But, really, there’s very little new about it, save some ostensible rationale that will facilitate a long-standing politics of execution.
But, much news media and Congress (except for DNC Chair Debbie Wasserman-Schultz) have known about targeted killings for years. As Tara Kelvey and Josh Begley have noted, the New York Times has covered drones for years, even when they have ostentatiously skirted around the reasons for those killings. Similarly, the Brennan hearings were a perfect place for Congress to engage in, as Jeremy Scahill called it on Up with Chris this morning, “Kabuki oversight”—namely, the spectacle of watching senators like Dianne Feinstein and others to act as if they were overwhelmingly outraged by the non-responsiveness of the CIA, OLC, and WH to their repeated requests for an answer to the question of the rationale for targeted killing without oversight.
Why then are they suddenly exercised over it now? I’m puzzled by the fuss, given the way the sudden controversy is framed is shock and horror that a U.S. citizen might be fingered for death if they are suspected to be an “imminent” threat to America. So, suddenly—what—everyone cares that U.S. citizens Anwar and Abdulrahman Al-Awlaki , Samir Khan, and Kamal Derwish were killed?
Why weren’t our esteemed media and Congress that exercised about the provisions in NDAA 2012 that authorized POTUS to arrest and detain U.S. citizens (um…and foreign nationals) anywhere for posing an imminent threat?
After all, many more U.S. citizens are likely to be intercepted and indefinitely detained by the following NDAA 2012 provision (the one that Obama insisted be included on threat of veto. Remember?):Subtitle D–Detainee Matters
SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
- (a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.
- (b) Covered Persons- A covered person under this section is any person as follows:
- (1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
- (2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
The rest of the clause is just as interesting.
After the November elections, Sen. DiFi tried an interesting re-do in NDAA 2013 with an amendment that limited indefinite detention to non-citizens—but you’ll remember that it ‘mysteriously disappeared.’ If anything, U.S. citizens are much more vulnerable to the arrest and indefinite detention provisions from these bills than drones strikes. Right?
Mind you, it is heartening that even ‘forward leaners’ like Kristal Ball are so worked up over the undue authority that the WH/DoJ/OLC is taking to dilute the grounds by which they justify the targeting of U.S. citizens.
But the issue with drones is not just that they target U.S. citizens. But that they miss. And kill thousands of non-US citizens. And thousands of innocent civilians. And hundreds of children. On other sovereign lands. And turn peaceful foreign nationals into hostile, understandably vengeful, potential allies of organizations that the US has deemed to be our enemies.
There are compelling reasons to review the underlying rationales and “logic” of an Administration that wants to maintain a thick shell of secrecy around policies and authoritarian practices as heinous as killing U.S. citizens. The urge to dissect these policies is especially important as we consider future elections in relation to the executive authority that has been expanded for future presidents to exploit.
While the white paper is in the news, it’s worth taking advantage of the timeliness to explore other, older, facets of the Bush and Obama Administrations’ expansion of power. In the short run, U.S. citizens stand to be much more vulnerable to the provisions of NDAA 2012 than the targeted killing rationale of the white paper. This is especially true of Muslim-American men, who have been vulnerable to Sec. 1032 of NDAA 2012 since the endless, borderless, War on Terror was declared. And have been vulnerable to much, much, much, much, much, more than that.
Drones are being used for tracking here in the U.S, but not yet as lethal weapons. On the other hand, the (ex post?) rationale of Sec. 1032 in NDAA 2012 stands to round many more up in conjunction with anxieties about their acquaintances, associations, and communications in relation to the monstrous fear of Al-Qaeda and the all things “terrorist.” But we know that those ‘more’ will less likely be young white men from the burbs of Mill Valley (to date, we’ve only seen one like that–and he got a trial), than young brown and black men from the “terrorist-laden” terrain of Queens, the Bronx, or the less-than-affluent suburbs of Boston and Portland, OR.
And in so saying, perhaps I’ve answered my own question: maybe we care more about the OLC white paper because it obfuscates the obvious: these aren’t policies intended towards non-Muslims. We can scrutinize the rationale of the white memo as a way to distract most Americans from focusing on the fact that policies like indefinite detention, pre-emptive policing, and—yes—targeted killings—haven’t been and won’t likely be directed towards innocent (non-Muslim) Americans. Rather, such policies will continue to be aimed many more Muslim-Americans (and non-Americans) who won’t–can’t–possibly expect the U.S. to respect their innocence unless there are clear and evident reasons to suspect otherwise.