AntiWar.com & Reuters & Boston.com – 2011-10-08 01:08:44
White House: Secret Panel Can Order Americans Assassinated
Jason Ditz / AntiWar.com
(October 5, 2011) — In comments made through the media today, a number of top Obama Administration officials, including White House spokesman Tommy Vietor, confirmed that there is a â€œsecret panelâ€ which exists now that can order American citizens assassinated with no judicial oversight.
Vietor declined to give any information related to the process of how the panel decides who lives and who dies, but officials say as far as they know cleric Anwar Awlaki was the only American they have ordered executed yet.
The only thing officials would say about the assassination process was that the presidentâ€™s death panel was a â€œsubsetâ€ of the National Security Council and that there is no existing legislation governing its operation.
The notion of a supreme panel of life and death which operates outside of the law is making a number of Americans uneasy, and has raised concerns that the president could move beyond religious leaders to target members of the media critical of his policies. As with the many other policies of the Obama Administration it does not appear likely to change anything.
Secret Panel Can Put Americans on ‘Kill List’
Mark Hosenball / Reuters
WASHINGTON (October 5, 2011) — American militants like Anwar al-Awlaki are placed on a kill or capture list by a secretive panel of senior government officials, which then informs the president of its decisions, according to officials.
There is no public record of the operations or decisions of the panel, which is a subset of the White House’s National Security Council, several current and former officials said. Neither is there any law establishing its existence or setting out the rules by which it is supposed to operate.
The panel was behind the decision to add Awlaki, a U.S.-born militant preacher with alleged al Qaeda connections, to the target list. He was killed by a CIA drone strike in Yemen late last month.
The role of the president in ordering or ratifying a decision to target a citizen is fuzzy. White House spokesman Tommy Vietor declined to discuss anything about the process.
Current and former officials said that to the best of their knowledge, Awlaki, who the White House said was a key figure in al Qaeda in the Arabian Peninsula, al Qaeda’s Yemen-based affiliate, had been the only American put on a government list targeting people for capture or death due to their alleged involvement with militants.
The White House is portraying the killing of Awlaki as a demonstration of President Barack Obama’s toughness toward militants who threaten the United States. But the process that led to Awlaki’s killing has drawn fierce criticism from both the political left and right.
In an ironic turn, Obama, who ran for president denouncing predecessor George W. Bush’s expansive use of executive power in his “war on terrorism,” is being attacked in some quarters for using similar tactics. They include secret legal justifications and undisclosed intelligence assessments.
Liberals criticized the drone attack on an American citizen as extra-judicial murder.
Conservatives criticized Obama for refusing to release a Justice Department legal opinion that reportedly justified killing Awlaki. They accuse Obama of hypocrisy, noting his administration insisted on publishing Bush-era administration legal memos justifying the use of interrogation techniques many equate with torture, but refused to make public its rationale for killing a citizen without due process.
Some details about how the administration went about targeting Awlaki emerged on Tuesday when the top Democrat on the House Intelligence Committee, Representative Dutch Ruppersberger, was asked by reporters about the killing.
The process involves “going through the National Security Council, then it eventually goes to the president, but the National Security Council does the investigation, they have lawyers, they review, they look at the situation, you have input from the military, and also, we make sure that we follow international law,” Ruppersberger said.
Other officials said the role of the president in the process was murkier than what Ruppersberger described.
They said targeting recommendations are drawn up by a committee of mid-level National Security Council and agency officials. Their recommendations are then sent to the panel of NSC “principals,” meaning Cabinet secretaries and intelligence unit chiefs, for approval. The panel of principals could have different memberships when considering different operational issues, they said.
The officials insisted on anonymity to discuss sensitive information.
They confirmed that lawyers, including those in the Justice Department, were consulted before Awlaki’s name was added to the target list.
Two principal legal theories were advanced, an official said: first, that the actions were permitted by Congress when it authorized the use of military forces against militants in the wake of the attacks of September 11, 2001; and they are permitted under international law if a country is defending itself.
Several officials said that when Awlaki became the first American put on the target list, Obama was not required personally to approve the targeting of a person. But one official said Obama would be notified of the principals’ decision. If he objected, the decision would be nullified, the official said.
A former official said one of the reasons for making senior officials principally responsible for nominating Americans for the target list was to “protect” the president.
Officials confirmed that a second American, Samir Khan, was killed in the drone attack that killed Awlaki. Khan had served as editor of Inspire, a glossy English-language magazine used by AQAP as a propaganda and recruitment vehicle.
But rather than being specifically targeted by drone operators, Khan was in the wrong place at the wrong time, officials said. Ruppersberger appeared to confirm that, saying Khan’s death was “collateral,” meaning he was not an intentional target of the drone strike.
When the name of a foreign, rather than American, militant is added to targeting lists, the decision is made within the intelligence community and normally does not require approval by high-level NSC officials.
‘FROM INSPIRATIONAL TO OPERATIONAL’
Officials said Awlaki, whose fierce sermons were widely circulated on English-language militant websites, was targeted because Washington accumulated information his role in AQAP had gone “from inspirational to operational.” That meant that instead of just propagandizing in favor of al Qaeda objectives, Awlaki allegedly began to participate directly in plots against American targets.
“Let me underscore, Awlaki is no mere messenger but someone integrally involved in lethal terrorist activities,” Daniel Benjamin, top counterterrorism official at the State Department, warned last spring.
The Obama administration has not made public an accounting of the classified evidence that Awlaki was operationally involved in planning terrorist attacks.
But officials acknowledged that some of the intelligence purporting to show Awlaki’s hands-on role in plotting attacks was patchy.
For instance, one plot in which authorities have said Awlaki was involved Nigerian-born Umar Farouk Abdulmutallab, accused of trying to blow up a Detroit-bound U.S. airliner on Christmas Day 2009 with a bomb hidden in his underpants.
There is no doubt Abdulmutallab was an admirer or follower of Awlaki, since he admitted that to U.S. investigators. When he appeared in a Detroit courtroom earlier this week for the start of his trial on bomb-plot charges, he proclaimed, “Anwar is alive.”
But at the time the White House was considering putting Awlaki on the U.S. target list, intelligence connecting Awlaki specifically to Abdulmutallab and his alleged bomb plot was partial. Officials said at the time the United States had voice intercepts involving a phone known to have been used by Awlaki and someone who they believed, but were not positive, was Abdulmutallab.
Awlaki was also implicated in a case in which a British Airways employee was imprisoned for plotting to blow up a U.S.-bound plane. E-mails retrieved by authorities from the employee’s computer showed what an investigator described as “operational contact” between Britain and Yemen.
Authorities believe the contacts were mainly between the U.K.-based suspect and his brother. But there was a strong suspicion Awlaki was at the brother’s side when the messages were dispatched. British media reported that in one message, the person on the Yemeni end supposedly said, “Our highest priority is the US … With the people you have, is it possible to get a package or a person with a package on board a flight heading to the US?”
U.S. officials contrast intelligence suggesting Awlaki’s involvement in specific plots with the activities of Adam Gadahn, an American citizen who became a principal English-language propagandist for the core al Qaeda network formerly led by Osama bin Laden.
While Gadahn appeared in angry videos calling for attacks on the United States, officials said he had not been specifically targeted for capture or killing by U.S. forces because he was regarded as a loudmouth not directly involved in plotting attacks.
(c) Thomson Reuters 2011. All rights reserved.
Ron Paul: US Could Target Journalists for Killing
Philip Elliott / Associated Press
WASHINGTON, DC (October 5, 2011) — Republican presidential contender Ron Paul on Wednesday suggested that the United States could assassinate journalists the same way it targeted Americans with ties to al-Qaida.
The Texas congressman again criticized President Barack Obama for approving last week’s drone strikes in Yemen against a U.S. citizen who was tracked and executed based on secret intelligence that linked him to two failed terrorist attacks against the U.S. An American-born propagandist also died in the bombing. Escalating his criticism, Paul told a National Press Club luncheon that if citizens do not protest the deaths, the country will start adding reporters to its list of threats that must be taken out.
“Can you imagine being put on a list because you’re a threat? What’s going to happen when they come to the media? What if the media becomes a threat? … This is the way this works. It’s incrementalism,” Paul said.
“It’s slipping and sliding, let me tell you.”
Anwar al-Awlaki, the target of the U.S. drone attack, was one of the best-known al-Qaida figures after Osama bin Laden. American intelligence officials had linked him to two thwarted attacks on U.S.-bound planes, an airliner on Christmas 2009 and cargo planes last year. The second American killed in the drone attack, Samir Kahn, was the editor of Inspire, a slick online magazine aimed at al-Qaida sympathizers in the West.
Paul likened the pair to German officials who carried out the Holocaust but were still given trials.
“All the Nazi criminals were tried. They were taken to court and then executed,” Paul said. “The reason we do this is because we want to protect the rule of law.”
Paul, making his second run for the Republican presidential nomination, has built a die-hard following among the GOP’s libertarian wing and has worked to court anti-war conservatives.
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