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Administration Ordered To Divulge Legal Basis For Killing Americans With Drones

An anonymous reader writes "In a claim brought by The New York Times and the ACLU, the Second US Circuit Court of Appeals has ruled that the administration must disclose the legal basis for targeting Americans with drones. From the article: 'Government officials from Obama on down have publicly commented on the program, but they claimed the Office of Legal Counsel's memo outlining the legal rationale about it was a national security secret. The appeals court, however, said on Monday that officials' comments about overseas drone attacks means the government has waived its secrecy argument. "After senior Government officials have assured the public that targeted killings are 'lawful' and that OLC advice 'establishes the legal boundaries within which we can operate,'" the appeals court said, "waiver of secrecy and privilege as to the legal analysis in the Memorandum has occurred" (PDF).'"

8 of 310 comments (clear)

  1. SCOTUS by Anonymous Coward · · Score: 5, Insightful

    Good it passed appeals; the administration will likely appeal the decision and this is the kind of thing the SCOTUS will take. Frankly it's about time some of the "war on terror" policies were seriously and heavily scrutinized for their legality.

  2. No answer will be given by operagost · · Score: 5, Informative

    History dictates that Obama will declare "executive privilege" or some other nonsense. He has already done this for himself and his AG; the latter currently in contempt of an ineffective Congress which is unlikely to do anything about it. With a Democratic Senate, there will be no impeachment.

    These are the facts, and I commend all of you who could read them before down-moderation.

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
    1. Re:No answer will be given by aardvarkjoe · · Score: 5, Insightful

      How long does it take before you're no longer allowed to justify what "your guy" does by pointing out the the "other guy" did bad stuff too? Does that end after Obama's current term, or are we still going to be hearing the "Bush did it too" excuse in 2020?

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
  3. above the law by dlt074 · · Score: 5, Insightful

    we have not followed the law of the land for some time. why start now?

    more meaningless proclamations.

  4. Lets see what hapens by ganjadude · · Score: 5, Interesting

    I wont hold my breath that he wont hide behind executive privilege or use bushes favorite "Turruiists!!!" but one thing I do know is that obama will find some way to avoid having to explain himself. Most transparent president in history and all....

    --
    have you seen my sig? there are many others like it but none that are the same
  5. Re:Citizenship Is Not A Shield by NoKaOi · · Score: 5, Insightful

    Just because some of these so called "Americans" had a US passport doesn't mean they can take up arms against their country without consequences. I'm glad we can just blow these fuckers to smithereens and save taxpayer money on these enemy combatants. They should know not to fuck with US and should scare their buddies from thinking they can do the same.

    Yeah, fuck due process, fuck the constitution! The United States Constitution is un-American!

  6. Re:Secret Laws? by l0ungeb0y · · Score: 5, Insightful

    Who says we're a Constitutional Republic any longer?

    Secret Laws, Secret Warrants, Secret Detention and Secret Courts have been the norm since the Patriot Act, which was signed when we lost the War on Terror in 2001, by submitting to the terrorists and renouncing our freedoms in exchange for "Homeland Security".

    And we love it. Notice how many TV shows are about Law Enforcement these days?

  7. Re:I am confused on this issue by jittles · · Score: 5, Insightful

    Well, in one case specifically the US was targeting a US Citizen who was overseas and supposedly involved in terror campaigns. He had no trial, even in absentia, which convicted him of the crime. The administration just decided it was okay to find him, launch a Hellfire missile at the vehicle he was in, and end the problem for good. It's entirely different if you find out ex post facto that one of the participants was a US citizen.