A federal court recently ordered the Obama administration — you know, the “most transparent administration in history” — to release the legal memo justifying the drone killing of an American citizen in Yemen. Well they released it, but with so many redactions that it is virtually useless.
The administration had been fighting the memo’s release and losing. Today a redacted version of the memo was released. The ACLU has it posted here (the memo actually begins on page 67, following a lengthy court ruling). The “too long; didn’t read” version: The Authorization to Use Military Force (AUMF) that gave us wars in Iraq and Afghanistan gave the administration permission to pursue and capture or kill members of Al Qaeda; Al-Awlaki was a member of Al Qaeda; therefore, killing was legal.Al-Awlaki’s Fourth Amendment right to due process is brought up toward the end. The Justice Department argues here that capturing Al-Awlaki was infeasible, yet he presented a threat to the United States as “continued” and “imminent,” therefore lethal force was justified.
What sort of continued and imminent threat did Al-Awlaki present from Yemen? Don’t know. That part is all redacted. The justification of why the CIA pursued this course of action is also almost entirely redacted. Even with the memo, we actually don’t learn anything new from a leak of a similar memo NBC published last year. We don’t know why Al-Awlaki was considered to be an imminent threat and why this drone strike was the only way the Obama administration believed it needed to deal with him.
Also note that the memo is entirely only about the execution of Al-Awlaki. The United States has killed four Americans abroad with drone strikes, including Al-Awlaki’s teenage son.
Transparency…you keep using that word.