
The Obama administration believes that executive branch reviews of evidence against suspected al-Qaeda leaders before they are targeted for killing meet the constitution's "due process" requirement and that American citizenship alone doesn't protect individuals from being killed, Attorney General Eric Holder said in a speech Monday.
"Due process and judicial process are not one and the same, particularly when it comes to national security," Holder said. "The Constitution guarantees due process, not judicial process."
Broadly outlining the guidelines the Obama administration has used to conduct lethal drone stikes overseas, Holder said the U.S. government could legally target a senior operational al Qaeda leader who is actively engaged in planning to kill Americans if the individual (1) posed an imminent threat of violence; (2) could not feasibly be captured; and (3) if the operation was conducted in line with war principles.
Such a use of lethal force against that type of individual, Holder said, wouldn't violate the executive order banning assassinations or criminal statues because such an act would be in "self defense." In remarks delivered at Northwestern University Law School in Chicago, Holder also said that targeted killings are not "assassinations," adding that the "use of that loaded term is misplaced" because assassinations are "unlawful killings" while targeted strikes are conducted lawfully.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Attorney General Eric Holder will on Monday afternoon deliver a speech that will lay out the legal framework for the Obama administration's use of targeted killing without referencing individual drone attacks, a source familiar with the upcoming speech told TPM.
Holder's speech at Northwestern Law School in Chicago, scheduled to be delivered at 4:30PM eastern, will also focus on the administration's approach to counterterrorism and detail the criteria for the use of reformed military commissions and Article III courts.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Thanks to new FAA regulations, domestic drones may soon proliferate in national airspace. But for one town, the new rules will come too late to save its drone from becoming obsolete.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)A new set of laws will require the FAA to ease up on the rules governing domestic drone use -- and to find a way to integrate them into national airspace alongside regular aircraft.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The ACLU is suing the federal government for the release of records related to the program of using unmanned drones for "targeted killing" of U.S. citizens overseas.
On Wednesday, the ACLU filed in U.S. District Court in New York to force the Department of Justice, the Department of Defense, and the CIA to release records on overseas drone use, in compliance with a Freedom of Information Act request.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)A digital rights and civil liberties group has filed a lawsuit against the Department of Transportation and the Federal Aviation Administration, demanding that they release information on who is authorized to operate drones within the United States.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)A secret air show in Houston. An unmanned blimp in Utah. A sovereign citizen arrested in North Dakota.
Each of these is just one small part of the bigger story of the proliferation of unmanned aircraft use within the U.S., and each is likely to become smaller still if the FAA goes through with plans to loosen regulations governing domestic use of drones.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)A family of "sovereign citizens" in North Dakota was arrested with the help of a predator drone, borrowed from border patrol agents by the local sheriff in an effort to avoid a standoff over some missing cows.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Gorgon Stare, the new airborne surveillance system which officials say is capable of monitoring entire cities in real time, is "not operationally effective" and "not operationally suitable," according to a draft report dated Dec. 30.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The Miami-Dade police department should soon be up and flying, while the Mayor of Ogden, Utah has floated a blimp idea. Still, unmanned drone use among U.S. law enforcement remains rare. That may soon change.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Matthew Godfrey, the mayor of Ogden, Utah, has a lofty goal. Godfrey has proposed that the town employ an unmanned blimp for surveillance and crime prevention.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Former Vice President Dick Cheney said in an interview that President Obama has finally learned to use Bush administration tactics in the War on Terror.
"I think he's found it necessary to be more sympathetic to the kinds of things we did," Cheney said on the Today Show, noting Obama's use of drones in Pakistan and elsewhere.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (2)Bad boys, bad boys, whatcha gonna do, whatcha gonna do when drones come for you?
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Saudi Arabian officials have reportedly arrested a vulture suspected of being a Mossad spy, after the bird, tagged by Israeli scientists, flew into Saudi territory today.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)In a matter of months, the Air Force hopes to start using a new airborne surveillance system called Gorgon Stare, which officials say will give soldiers the ability to monitor activity in real time across an entire city.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)A spokesman for U.S. Customs & Border Patrol, the agency which found a small Mexican drone after it crashed in an El Paso neighborhood, told CNN today that it's the first time a Mexican drone has crashed on U.S. soil.
Officials confirm the drone, which crashed in residential yard Tuesday, was an unmanned, radio-controlled craft called an Orbiter Mini UAV owned by the Mexican government. Border Patrol was the first to respond to the crash, and has since turned the investigation over the the National Transportation Safety Board, which investigates plane crashes.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)The Obama Administration delayed and ultimately changed the language in its revision of the military commissions manual because Bush-era language left open the interpretation that CIA drone operators would be considered war criminals, according to the New York Times.
The nugget was buried in a Friday article that hasn't gotten much attention. But it's notable as a sign of how sensitive the administration is about the legality of the CIA drone program in Pakistan.
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