Who reviews the U.S. “kill list”?
In fact, officials say, Awlaki did get more due process than most Al Qaeda suspects on the list. They say the administration made a point of naming Awlaki publicly as an Al Qaeda leader — putting him on notice, in effect — before he was killed. And they say the Justice Department held that Awlaki could be killed only if it was not feasible to capture him. The administration has refused to release that legal opinion, in part because it’s not sure it wants those standards to turn into a binding precedent for later cases.
But there are questions that go beyond the legal underpinning for targeted killing. Who puts names on the “kill list,” and who reviews them? And is the process rigorous enough to withstand outside scrutiny?…
That’s one reason some former officials argue that the administration needs to set up a clearer, more rigorous system of internal review — for its own good. John B. Bellinger III, who served as the State Department’s top lawyer during the Bush administration, believes a good solution would be to expand the jurisdiction of the judges who currently authorize wiretaps to cover targeted killing cases as well.
But most intelligence officials hate that idea. “Why on earth would you want to get a judge involved?” asked one. A better solution, he said, would be appointing a special review office made up of seasoned officials who can’t be fired, to insulate them from bureaucratic pressure. But that would still invest life-or-death power in a secret corner of the intelligence community, without a clear constitutional foundation.









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Code Pink couldn’t be bothered for a comment.
Flange on February 5, 2012 at 8:34 PM
Hey, ask any Hot Air person. They totally trust Obama to only target proper terrorists for the kill list. Drones use in USA border to be ramped up. Indefinite detention of United States of America Citizens. No problem.
astonerii on February 5, 2012 at 8:51 PM
For clarity, this isn’t an intelligence community issue. Intel just finds the bastards. The kill order comes from the “operational” chain of command.
Getting a judge involved isn’t interfering with “intelligence,” it’s inserting the judiciary into the president’s national security decision-making.
When the target is a US citizen, I’m not convinced that that’s such a bad thing. I would have been happy to have Awlaki captured and tried in a military court. Obama pulls the trigger too easily in this shadowy specops/drone warfare world. I don’t have a problem with it coming under more scrutiny from Congress, that’s for sure.
J.E. Dyer on February 5, 2012 at 8:52 PM
Remember, DHS has you specifically listed as a potential terrorist due to your “right wing extremism”. Enjoy your chains of safety.
astonerii on February 5, 2012 at 8:56 PM
Wow – I sure hope I don’t get “named” as an Al Qaeda leader by the President.
HondaV65 on February 5, 2012 at 10:02 PM
Lol, I’d like to be that guy, but you know it’s a far left stalinist nutjob doing it.
Where’s Terp Mole to clear this thing up for us.
MadDogF on February 5, 2012 at 10:09 PM
Knowing this regime, I’d go with “the guys who are on it.”
CurtZHP on February 5, 2012 at 10:43 PM
Who exactly are these officials that made the due process decision?
The government officials can make these pronouncements “publicly” and that’s all she wrote in terms of government-sanctioned snuffing?
Why is the Justice Department so reluctant to share its standards and decision-making protocols? The DOJ has not only become more politicized under Holder, but it has become more opaque.
I like your take, J. E. Dyer.
onlineanalyst on February 5, 2012 at 10:49 PM
.
Every conservative in the country and out of it has noticed this. Why is it? Democrat and racial minority president. That’s why. When the Republican becomes president it will be plenty of time to criticize him for the reprehensible and promiscuous drone strikes.
ExpressoBold on February 5, 2012 at 11:02 PM
This is good policy…the government knows what’s best for us. Be a good American and shut up about this. Maybe you’re the terrorist here for pointing this out.
nazo311 on February 6, 2012 at 12:37 AM
this is friggin scary. i cant believe we are having this conversation in the U.S.
thirtyandseven on February 6, 2012 at 12:54 AM
The Soddys?
BL@KBIRD on February 6, 2012 at 1:38 AM
No, that is an absolutely idiotic idea. A permanent totally unaccountable bureaucratic class? Genius.
It would be the the EU with hellfire missiles.
This author lost all credibility when he wrote that drivel.
CorporatePiggy on February 6, 2012 at 7:42 AM
And he’s going to be pulling the trigger a lot more often in the run up to the election. He wants to talk about evil millionaires, an do-nothing congress, and how totally awesome he is at pulling off specops missions (amongst other things).
CorporatePiggy on February 6, 2012 at 7:45 AM
Obviously, the kill list must be reviewed by a Death Panel.
Bartrams Garden on February 6, 2012 at 8:04 AM