
the nation | The image of President Obama poring over baseball-card profiles of terror suspects in Jo Becker and Scott Shane’s now famous New York Times “kill list” exposé probably pleased the administration officials whose cooperation made the story possible, wrapping the president in glinting “warrior in chief” election year packaging. For those concerned about the constitutional protection of civil liberties and the rule of law, however, that image, and the extraordinary practices it represents, was profoundly disturbing. The drone policy the president has developed not only infringes on the sovereignty of other nations, but the assassinations violate laws put in place in the 1970s after scandals enveloped an earlier era of CIA criminality. The new details about Obama’s assassination program also remind us how the 2001 Congressional Authorization of the Use of Military Force established a disastrous policy of “borderless and open-ended war that threatens to indefinitely extend US military engagement around the world,” in the words of the only member of the House to vote against it, Barbara Lee.
The kill list makes a mockery of due process by circumventing judicial review, and turning the executive into judge, jury and executioner. Even worse, the “signature” strikes described in the Times article, in which nameless individuals are assassinated based merely on patterns of behavior, dispense with any semblance of habeas corpus altogether. According to the Center for Constitutional Rights, signature strikes account for most of the attacks in Pakistan today, and they were recently approved for use in Yemen.
One of the darkest aspects of this story involves the administration’s method of counting civilian casualties: The CIA simply assumes that any military-age male in the vicinity of a terror suspect must be a militant too. Thus, counterterrorism chief John Brennan was able to state with a straight face in August 2011 that not one civilian had perished from US strikes outside Afghanistan and Iraq in more than a year—a declaration that was greeted with incredulity and outrage in Pakistan, where witnesses have attested to hundreds of civilian deaths.
Fist tap Makheru.