Drones

The CIA and the military are carrying out an illegal “targeted killing” program in which people far from any battlefield are determined to be enemies of the state and killed without charge or trial.

The executive branch has, in effect, claimed the unchecked authority to put the names of citizens and others on “kill lists” on the basis of a secret determination, based on secret evidence, that a person meets a secret definition of the enemy. The targeted killing program operates with virtually no oversight outside the executive branch, and essential details about the program remain secret, including what criteria are used to put people on CIA and military kill lists or how much evidence is required.

 
Outside of armed conflict zones, the use of lethal force is strictly limited by international law and, when it comes to U.S. citizens, the Constitution. Specifically, lethal force can be used only as a last resort against an imminent threat to life. Even in the context of an armed conflict against an armed group, the government may use lethal force only against individuals who are directly participating in hostilities against the U. S. Regardless of the context, whenever the government uses lethal force, it must take all possible steps to avoid harming civilian bystanders. These are not the standards that the executive branch is using.
 
The U.S. continues to carry out illegal targeted killings in Pakistan, Yemen, Somalia, and elsewhere. The government must be held to account when it carries out such killings in violation of the Constitution and international law.

ACLU Litigation
Al-Aulaqi v. Panetta: On July 18, 2012, the ACLU and the Center for Constitutional Rights (CCR) filed a lawsuit challenging the government’s targeted killing of three U.S. citizens in drone strikes far from any armed conflict zone. The suit charges that the U.S. government’s killings of U.S. citizens Anwar Al-Aulaqi, Samir Khan, and 16-year-old Abdulrahman Al-Aulaqi in Yemen in 2011 violated the Constitution’s fundamental guarantee against the deprivation of life without due process of law.
 
Freedom of Information Act Cases:
Targeted Killing FOIA: On February 1, 2012, the ACLU filed a Freedom of Information Act lawsuit seeking information about the targeted killings of three U.S. citizens in Yemen in September and October 2011: Anwar al-Awlaki; his 16-year-old son, Abdulrahman al-Awlaki; and Samir Khan. The lawsuit seeks disclosure of the legal memorandum written by the Department of Justice Office of Legal Counsel that provided justifications for the targeted killing of Anwar al-Aulaqi, as well as records describing the factual basis for the killings of all three Americans. In response, the government has refused to confirm or deny whether it killed these three citizens or even whether the CIA has a targeted killing program, despite numerous statements by U.S. officials to the media about the program.

Drone FOIA: In March 2010, the ACLU filed a FOIA lawsuit demanding that the government disclose basic information about the use of drones to conduct targeted killings. The lawsuit seeks disclosure of the legal basis, scope, and limits on the targeted killing program; information pertaining to the training, supervision, oversight, or discipline of UAV operators and others involved in the decision to execute a targeted killing using a drone; and data about the number of civilians and non-civilians killed in drone strikes. In response, the CIA has refused to even confirm or deny whether it has a drone program.
 
Al-Majalah Civilian Deaths FOIA: On April 17, 2012, the ACLU and CCR submitted a FOIA request seeking information about a December 2009 U.S. missile strike on a community in the al-Majalah region of the Abyan province of Yemen. The attack, which was the Obama administration's first known missile strike in Yemen, apparently targeted alleged “militants” but killed dozens of civilians, including at least 21 children. The U.S. government has yet to release basic information about the strike.

 

White House Confirms Existence of Targeted Killing Program

By Ateqah Khaki at 2:59pm

Today, the New York Times ran an ACLU op-ed about the CIA's misuse of secrecy to withhold information from the public about the agency's targeted killing program, which has so far killed thousands of people, including several Americans.

The piece, penned by ACLU Deputy Legal Director Jameel Jaffer and National Security Project Legal Fellow Nathan Wessler, explains that in ACLU lawsuits about the drone strike program the CIA has consistently taken the position that it can neither confirm nor deny the existence of the program or any records related to it, despite the fact that numerous other government officials have spoken about the program to the public and the press. The op-ed states,

Calling Out the CIA for Its Secrecy Game on Targeted Killing

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 6:21pm

Today Andrew Rosenthal of The New York Times published a thoughtful column discussing the untenable position taken by the government in response to the ACLU's two Freedom of Information Act lawsuits seeking information about the CIA's targeted killing drone strike program, including its targeting of U.S. citizens. As Rosenthal explains, "the government is blocking any consideration of these petitions with one of the oldest, and most pathetic, dodges in the secrecy game. It says it cannot confirm or deny the existence of any drone strike policy or program."

Broad Spectrum of Organizations Support ACLU Legal Fight for Transparency on U.S. Drone Program

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 4:29pm

Today, nine organizations submitted a friend-of-the-court brief in support of the ACLU's Freedom of Information Act lawsuit seeking records about the CIA's use of drones to carry out targeted killings around the world.  The organizations work on a diverse array of issues that don't always overlap, including international human rights and rule of law, government transparency, investigative journalism, civil liberties and national security policy.  Although some of these groups seldom have occasion to collaborate, they joined together to urge the court to reject the CIA's position that it can't confirm whether it has a drone strike program at all.

U.S. Must Explain Targeted Killings of Its Own Citizens

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 3:41pm

Today the ACLU filed a Freedom of Information Act (FOIA) request seeking information about the legal and factual basis for the targeted killings of three U.S. citizens in Yemen. Last month, Anwar al-Awlaki and Samir Khan were killed when unmanned drones operated by the CIA and the U.S. military fired missiles at the car in which they were traveling. Last week, al-Awlaki's 16-year-old son, Abdulrahman al-Awlaki, was killed in a similar drone strike.

After Al-Aulaqi's Killing, Why Due Process Matters

By Suzanne Ito, ACLU at 5:04pm

In "Crime or War: Execution or Assassination?" David Shipler of The Shipler Report writes about why due process — even for terrorism suspects who have admitted to plotting against the U.S. — is important:

So, why bother to bring the guilty man in for a fair trial? For thorough truth-finding, one could say, or to uphold the pageantry of constitutional justice, which is a crown jewel of our democracy. To lend unquestioned legitimacy to the ultimate sentence, even if it is death, so the world does not look upon America with repugnance. To keep the trappings of civilized order so that we do not become a vigilante state. To stop ourselves from taking a step down a long slope whose ends might be oppression very different from anything we can now imagine…

Shipler also calls for the Obama administration to reveal the standards under which Americans are placed on the CIA's "kill lists," information we seek in our Predator Drone Freedom of Information Act request and lawsuit. But the government has mostly stonewalled our attempts to uncover basic information about targeted killings.  The CIA refuses to confirm or deny whether it has any records at all relating to targeted killings using drones, even though the CIA’s involvement in the drone program is widely acknowledged.  And other government agencies flatly refuse to release documents explaining the government’s asserted legal basis for conducting targeted killings — including against U.S. citizens — using drones.

The Secrecy Double-Standard

By Ateqah Khaki at 5:35pm

For almost a decade, the American public has been told time and time again that some of our government's most controversial national security policies and programs are "secret." From warrantless wiretapping to the CIA's torture and "targeted killing" programs, the government has often insisted that our security requires secrecy, and that information about these programs is too sensitive to be shared with the public — even claiming state secrets to have the information shielded from judicial scrutiny.

NYU–Stanford Report Documents U.S. Government’s False Narrative on Drone Strikes

By Brett Kaufman, Legal Fellow, ACLU National Security Project at 4:18pm

Today, researchers at the law schools of New York University and Stanford University published an important and comprehensively documented report about the human and strategic costs of the United States’ drone program in Pakistan. The report marshals research based on interviews of victims, witnesses, medical experts, and journalists in Pakistan, and a review of thousands of pages of documents and media reports, to arrive at its chief conclusions:

Far more civilians have been killed by American drone strikes in Pakistan than U.S. officials have been willing to acknowledge;

In Court Today: Fighting the CIA's Secrecy Claims on Drones

By Brett Kaufman, Legal Fellow, ACLU National Security Project at 7:41am

This morning the ACLU will appear before the D.C. Circuit Court of Appeals in our Freedom of Information Act lawsuit seeking records about the CIA’s use of drone aircraft to carry out targeted killings around the world. We will argue that the court should put an end to the government’s double game of selectively disclosing information about the program in public while obstinately refusing to confirm or deny the very existence of the program in federal court.

First the 'targeted killing' campaign, then the targeted propaganda campaign

By Jameel Jaffer, Deputy Legal Director, ACLU & Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 11:10am

Originally posted on The Guardian.

A story in last week's New York Times painted a remarkably detailed picture of the US government's so-called "targeted killing" campaign, a campaign that involves the use of unmanned aerial vehicles (drones) to kill suspected insurgents and terrorists and, it turns out, many, many others, as well. The story, written by Jo Becker and Scott Shane, discussed the CIA's choice of munitions, its efforts to avoid civilian casualties, and its method for calculating the number of civilians killed in any given strike. The story also underscored the extent to which President Obama himself is involved in overseeing the campaign – and even in selecting its targets.

Civil Liberties in the Digital Age: Weekly Highlights (5/11/2012)

By Anna Salem, ACLU of Northern California at 2:52pm

In the digital age that we live in today, we are constantly exposing our personal information online. From using cell phones and GPS devices to online shopping and sending e-mail, the things we do and say online leave behind ever-growing trails of personal information. The ACLU believes that Americans shouldn’t have to choose between using new technology and keeping control of your private information. Each week, we feature some of the most interesting news related to technology and civil liberties that we’ve spotted from the previous week.

Government asks: when can we shut down wireless service? [ars technica]
"Here was a regional government agency blocking wireless access in response to a public protest. Groups like the American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF) filed complaints."

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