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NBC EXCLUSIVE: Justice Department Memo Reveals Legal Case for Drone Strikes on Americans
NBC News ^ | Monday, February 4, 2013 | Michael Isikoff

Posted on 02/04/2013 6:29:12 PM PST by kristinn

A confidential Justice Department memo concludes that the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” -- even if there is no intelligence indicating they are engaged in an active plot to attack the U.S.

The 16-page memo, a copy of which was obtained by NBC News, provides new details about the legal reasoning behind one of the Obama administration’s most secretive and controversial polices: its dramatically increased use of drone strikes against al-Qaida suspects, including those aimed at American citizens, such as the September 2011 strike in Yemen that killed alleged al-Qaida operatives Anwar al-Awlaki and Samir Khan. Both were U.S. citizens who had never been indicted by the U.S. government nor charged with any crimes.

SNIP

But the confidential Justice Department “white paper” introduces a more expansive definition of self-defense or imminent attack than described by Brennan or Holder in their public speeches. It refers, for example, to what it calls a “broader concept of imminence” than actual intelligence about any ongoing plot against the U.S. homeland.

SNIP

“A lawful killing in self-defense is not an assassination,” the white paper reads. “In the Department’s view, a lethal operation conducted against a U.S. citizen whose conduct poses an imminent threat of violent attack against the United States would be a legitimate act of national self-defense that would not violate the assassination ban. Similarly, the use of lethal force, consistent with the laws of war, against an individual who is a legitimate military target would be lawful and would not violate the assassination ban.”

(Excerpt) Read more at openchannel.nbcnews.com ...


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events; War on Terror
KEYWORDS: 16yroldamerican; benevolentdrones; cw2; domesticdroneattack; domesticdrones; droneassasins; drones; dronestrikes; enemiesofobama; enemywithin; habeascorpus; johnbrennan; killingamericans; obama; obamakilllist; obamalegacy; obamascandals; obamunism; orwelliannightmare; policestate; pravdamedia; subverthabeascorpus; teaparty; threatmatrix; traitor; treason; usdrones; waronamericans
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To: kristinn
Badly written story. Are they making the general case that they can proclaim any American an enemy and kill them anywhere in the world, even inside the US? Or are we just going after radical Islamist who happen to be citizens?

“Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operational Leader of Al Qa’ida or An Associated Force.”

21 posted on 02/04/2013 6:52:46 PM PST by DManA
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To: Sherman Logan
"the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” -- even if there is no intelligence indicating they are engaged in an active plot to attack the US"

The article implies it's talking about within the US, but according to the first sentence in the white paper, this refers to 'in a foreign country outside the area of active hostilities'.

At any rate, it's just vague enough to make one wonder, considering all the shenanigans taking place.

"No intelligence" -- indeed.

22 posted on 02/04/2013 6:54:05 PM PST by cyn (Benghazi...the travesty continues)
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To: kristinn

“Is there a drone in your neighbourhood? Rise of spy planes exposed after FAA is forced to reveal 63 launch sites across U.S.”

http://www.freerepublic.com/focus/f-news/2875843/posts


23 posted on 02/04/2013 6:55:32 PM PST by TheBigJ
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To: skeeter

Skeeter—Eric Holder, who should be in jail for life (IMO), ain’t the half of it. Look no further than the WH to know that we’re screwed, big time!


24 posted on 02/04/2013 6:55:45 PM PST by basil (basil)
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To: Mastador1
Wait, we can assassinate Americans because someone in the Administration says they are a terrorist, but we are supposed to arrest and give real terrorists all the the right of a U.S. citizen?

It feels like a parallel universe sometimes, doesn't it? The same crew that says water boarding is inhumane doesn't have a problem executing American citizens without due process. I understand there may be times it's appropriate to kill a terrorist who holds US citizenship. But it seems pretty hypocritical that the same folks claiming this kind of power are the same folks who complained that the prior administration's interrogation techniques and prison environments were abuses of power.

Oh well, I'm sure it's Bush's fault somehow. Man, this going to be a looooong four years!

25 posted on 02/04/2013 6:55:45 PM PST by PeevedPatriot
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To: kristinn

“against a U.S. citizen whose conduct poses an imminent threat of violent attack against the United States”

So someone’s “conduct of imminent threat” is enough???

Oops, it says a U.S. citizen. My Bad.


26 posted on 02/04/2013 6:57:48 PM PST by Scrambler Bob ( Concerning bo -- that refers to the president. If I capitalize it, I mean the dog.)
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To: kristinn
Liberals went nuts when Bush wanted to listen to one side of international phone calls to known terrorists. What are they going to say about this?

-PJ

27 posted on 02/04/2013 6:57:48 PM PST by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: All

and another thing... was talking to a coworker today whose young son is recently out of college a few years ago and with his employment had worked on some of the navigation functions of drone aircraft. My coworker was noting that the military has found that no amount of flight school training assists a drone pilot sitting in a trailer somewhere controlling the aircraft. The best drone pilots come frome the ranks of gamers...

This sent the thought of Adam Lanza flying these things in my mind.


28 posted on 02/04/2013 6:58:39 PM PST by Rodamala
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To: kristinn

Miss me yet?

29 posted on 02/04/2013 6:59:29 PM PST by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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To: PeevedPatriot
'I'm sure it's Bush's fault somehow.'

Yep. Pres Bush set alot of 'precedents'. Obama and every future President will enjoy and utilized the expansion of the State for whatever purpose 'they' choose. The WOT will never 'end'.

30 posted on 02/04/2013 7:01:00 PM PST by Theoria
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To: kristinn

War is coming to the Homeland.


31 posted on 02/04/2013 7:01:51 PM PST by Candor7 (Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html))
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To: Mastador1
The use of deadly force: A fleeing felon, one who has commited a felony and represents a lethal danger to the public in the future may be shot to prevent escape. Also they can have an A.N or I in the name.
32 posted on 02/04/2013 7:05:34 PM PST by Domangart
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To: skeeter

We reached that state when John Roberts became Chief Justice! IMHO


33 posted on 02/04/2013 7:06:11 PM PST by Tucker39
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To: Sherman Logan
I don’t get the outrage about this.

Do you really want the government of the United States to make it okay to kill American citizens it deems as terrorists, especially without a Declaration of War (which we did have in WW2)? Do you support the 2nd Amendment? Some Democrats have called the NRA a terrorist organization. Do you go to Church? Some on the left call Christians right wing terrorists.

Do you see the abuse waiting to happen?

I have no love for any American who joins Al-Qaeda. I hope they meet their Maker soon courtesy of the U.S. military. But this policy makes the President the judge, jury, and executioner of American citizens and we don't operate that way.

34 posted on 02/04/2013 7:06:47 PM PST by Azeem (There are four boxes to be used in the defense of liberty: soap, ballot, jury and ammo.)
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To: cyn
"the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” -- even if there is no intelligence indicating they are engaged in an active plot to attack the US"

Works for me.

Al Quaeda has declared war on the United States. As far as I'm concerned, this makes any and all attacks on it and its members legitimate acts of war.

I wonder why it shouldn't be possible to declare war on a non-governmental organization. They act more and more like states, so why shouldn't they be treated as such? Let everybody in the world know that being in the vicinity of those who are at war with the USA is severely hazardous to their health.

Can this principle be misused or misapplied? Of course, just as any other legal principle can be. But we don't throw principles away because they are potentially subject to abuse. If we did, we wouldn't be able to fight back at all.

35 posted on 02/04/2013 7:07:02 PM PST by Sherman Logan
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To: Sherman Logan
I don’t get the outrage about this.

Do you really want the government of the United States to make it okay to kill American citizens it deems as terrorists, especially without a Declaration of War (which we did have in WW2)? Do you support the 2nd Amendment? Some Democrats have called the NRA a terrorist organization. Do you go to Church? Some on the left call Christians right wing terrorists.

Do you see the abuse waiting to happen?

I have no love for any American who joins Al-Qaeda. I hope they meet their Maker soon courtesy of the U.S. military. But this policy makes the President the judge, jury, and executioner of American citizens and we don't operate that way.

36 posted on 02/04/2013 7:07:02 PM PST by Azeem (There are four boxes to be used in the defense of liberty: soap, ballot, jury and ammo.)
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To: kristinn
Our 2nd amendment rights will soon need to be exercised by purchasing these:

Photobucket

The word is that there are some 20 to 30 thousand of the Russian version for sale in North Africa.

37 posted on 02/04/2013 7:08:42 PM PST by Candor7 (Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html))
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To: Candor7

It was only a week ago that video came out, of Little Birds flying through downtown Miami, rolling off M60 blanks.


38 posted on 02/04/2013 7:09:03 PM PST by Delmarksman (Pro 2A Anglican American (Ford and Chevy kill more people than guns do, lets ban them))
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To: Delmarksman

A little weird that. Makes a patriot a might itchy.


39 posted on 02/04/2013 7:11:21 PM PST by Candor7 (Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html))
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To: Sherman Logan

I agree with you in principle. But with these dangerous hate-America clowns in charge leading to such things as the shakeup in the military, the appalling LACK of ordinarily-expected action in Benghazi with subsequent continuing coverup, and the Ft. Hood shooter still drawing a paycheck for his little “workplace violence” incident (as pointed out above)...things just are not the same.

I’ve not read the entire white paper; I look forward to seeing more takes on it. (lol on the “don’t drone me, bro”)


40 posted on 02/04/2013 7:18:36 PM PST by cyn (Benghazi...the travesty continues)
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