Obama Orders Release of Drone Memos to Lawmakers
The White House on Wednesday directed the
Justice Department to release classified documents discussing the legal
justification for the use of drones in targeting American citizens
abroad who are considered terrorist to the two Congressional
intelligence committees, according to an administration official.
The
White House announcement appears to refer to a long, detailed 2010 memo
from the Justice Department's Office of Legal Counsel justifying the
killing of Anwar al-Awlaki, an American-born cleric who had joined Al
Qaeda in Yemen. He was killed in a C.I.A. drone strike in September
2011. Members of Congress have long demanded access to the legal
memorandum.
The decision to release
the legal memos to the intelligence committees came under pressure, two
days after a bipartisan group of 11 senators joined a growing chorus
asking for more information about the legal justification for targeted
killings, especially of Americans. The announcement also came on the eve
of the confirmation hearing scheduled for Thursday for John O. Brennan,
President Obama's choice to be director of the C.I.A. As Mr. Obama's
counterterrorism adviser, Mr. Brennan has been the chief architect of
the drone program, and he is expected to be closely questioned about it
at the hearing of the Senate Intelligence Committee.
Critics
noted that in 2009, Mr. Obama had ordered the public release of the
classified memos governing C.I.A. interrogations under President George
W. Bush and accused Mr. Obama of hypocrisy. Administration officials
replied that the so-called enhanced interrogations had been stopped,
while drone strikes continue.
Until
Wednesday night, the administration had refused to even officially
acknowledge the existence of the documents, which have been reported
about in the press. This week, NBC News obtained an unclassified,
shorter legal memo, described as a "white paper," that officials said
described the legal framework that officials follow in using the drones.
Administration officials said Mr.
Obama had decided to take the action — which they described as
extraordinary — out of a desire to involve Congress in the development
of the legal framework for the use of drones. Aides noted that Mr. Obama
had made a pledge to do that during an appearance on "The Daily Show"
last year.
"Today, as part of the
president's ongoing commitment to consult with Congress on national
security matters, the president directed the Department of Justice to
provide the congressional Intelligence committees access to classified
Office of Legal Counsel advice related to the subject of the Department
of Justice White Paper," the administration official said.
The
official said that members of the intelligence committees would now get
"access" to the documents. It remained unclear what kind of access that
would be.
Christopher Anders,
senior legislative counsel for the American Civil Liberties Union,
called the president's move "a small step in the right direction." But
he noted that the legal memo or memos were not being shared with either
of the armed services committees, which have jurisdiction over Pentagon
strikes, or the judiciary committees, which oversee the Justice
Department.
The public should be
permitted to see at least a redacted version of the relevant memos, Mr.
Anders said. "Everyone has a right to know when the government believes
it can kill Americans and others," he said.
The
Congressional intelligence committees were created in the late 1970s to
exercise oversight after a series of scandals at the spy agencies. The
law requires that the committees be kept informed of intelligence
activities. But most administrations withhold at least some legal
opinions, treating them as confidential legal advice to the president
and agency officials.
Senator
Dianne Feinstein, the California Democrat who leads the Senate
Intelligence Committee, had proposed a clause for the annual
intelligence authorization bill requiring that legal opinions on
relevant matters be routinely shared with the committees. But the White
House objected, and the measure was dropped from the bill.
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