Why President Obama's drone assassination program must be made accountable

This is an article that I wrote back in 2012 that in light of The Intercept's recent articles seems worth revisiting.

It's 2020, and unless Mr. Obama has successfully declared himself President-for-life, somebody else is President. Perhaps this time the lesser evil has lost. Thanks to the groundwork laid by President Obama and the boys at DARPA, the new president has the sort of technology that dystopian fiction is based upon.

In 2020 the president has at his disposal the drone technology to surveil anyone, anywhere on earth. The technology has the visual resolution to see disturbed dirt from a mile high in the sky and track footprints, to identify individuals using biometric data, even to "see" through walls and ceilings. Drones will also be outfitted with the means to collect electronic communications, phone calls, texts, gps location data, etc., creating a tool that can track individuals in the physical realm as well as their "footprints" in cyberspace to deliver the information needed for lethal actions

In 2020 the Earth will be surrounded by a triple canopy of drones at various heights to surveil us and deliver sudden death and destruction from above, wherever on earth or space the president desires:

At the lowest tier of this emerging U.S. aerospace shield, within striking distance of Earth in the lower stratosphere, the Pentagon is building an armada of 99 Global Hawk drones equipped with high-resolution cameras capable of surveilling all terrain within a 100-mile radius, electronic sensors to intercept communications, efficient engines for continuous 24-hour flights, and eventually Triple Terminator missiles to destroy targets below.

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By late 2011, the Air Force and the CIA had already ringed the Eurasian land mass with a network of 60 bases for drones armed with Hellfire missiles and GBU-30 bombs, allowing air strikes against targets just about anywhere in Europe, Africa, or Asia. ... If things go according to plan, in this same lower tier at altitudes up to 12 miles unmanned aircraft such as the “Vulture,” with solar panels covering its massive 400-foot wingspan, will be patrolling the globe ceaselessly for up to five years at a time with sensors for “unblinking” surveillance, and possibly missiles for lethal strikes. ...

For the next tier above the Earth, in the upper stratosphere, DARPA and the Air Force are collaborating in the development of the Falcon Hypersonic Cruise Vehicle. Flying at an altitude of 20 miles, it is expected to “deliver 12,000 pounds of payload at a distance of 9,000 nautical miles from the continental United States in less than two hours.” ...

At the outer level of this triple-tier aerospace canopy, the age of space warfare dawned in April 2010 when the Pentagon quietly launched the X-37B space drone, an unmanned craft just 29 feet long, into an orbit 250 miles above the Earth.

Test Vehicle

By the time its second prototype landed at Vandenberg Air Force Base in June 2012 after a 15-month flight, this classified mission represented a successful test of “robotically controlled reusable spacecraft” and established the viability of unmanned space drones in the exosphere.

This drone technology, which is well on its way now, will vest in the president and his minions a great deal of very concentrated power to breach individual privacy and security. How this power is held will have great implications for its ability to corrupt, or perhaps as Lord Acton would have put it, to corrupt absolutely. Our machines are extensions of ourselves. They implement our will (at least when we write competent programming). The issue is inequality; the machines that belong to the already powerful are so much more effective than the machines of we regular slobs and the potential for expanding the inequality of power that exists between the regular folks and the privileged elites is daunting.

Are we governed by Angels?

"If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary."

-- Federalist 51

Our current drone program is lacking adequate controls. The Obama administration inherited the drone program from the predecessor Bush administration without appropriate controls and Mr. Obama has expanded on that program while at the same time, fighting off any efforts at accountability.

Even Congress has been cut out of the loop:

Congress has been denied the right to read the legal framework used by the Administration to justify the drone strikes. This means that these strikes are being carried out with virtually no transparency, accountability or judicial review. Victims or targets of the strikes are denied the right to due process. Innocent civilians and American citizens are getting the death penalty without so much as a trial. We do not know what measures, if any, the Joint Special Operations Command or the Central Intelligence Agency have for recognizing harm to civilian populations or to conduct investigations of who was killed.

As the use of drone strikes abroad becomes a permanent feature of our counterterrorism policy, it is more critical than ever that we push for increased transparency and accountability. We must reject the notion that Congress and the American people have to be kept in the dark on U.S. counterterrorism strategies. Simply put, drones must be subject to the same scrutiny and laws that other weapons the United States employs.

Aside from some politically convenient leaks, the Obama administration refuses to even confirm or deny its drone program, much less offer details as to how it operates or what its standards are.

What we do know from leaks and whistleblowers is that Mr. Obama's standards are "evolving," so to speak:

The care that Mr. Obama and his counterterrorism chief take in choosing targets, and their reliance on a precision weapon, the drone, reflect his pledge at the outset of his presidency to reject what he called the Bush administration’s “false choice between our safety and our ideals.”

But he has found that war is a messy business, and his actions show that pursuing an enemy unbound by rules has required moral, legal and practical trade-offs that his speeches did not envision.

One early test involved Baitullah Mehsud, the leader of the Pakistani Taliban. The case was problematic on two fronts, according to interviews with both administration and Pakistani sources.

The C.I.A. worried that Mr. Mehsud, whose group then mainly targeted the Pakistan government, did not meet the Obama administration’s criteria for targeted killing: he was not an imminent threat to the United States. But Pakistani officials wanted him dead, and the American drone program rested on their tacit approval. The issue was resolved after the president and his advisers found that he represented a threat, if not to the homeland, to American personnel in Pakistan.

Then, in August 2009, the C.I.A. director, Leon E. Panetta, told Mr. Brennan that the agency had Mr. Mehsud in its sights. But taking out the Pakistani Taliban leader, Mr. Panetta warned, did not meet Mr. Obama’s standard of “near certainty” of no innocents being killed. In fact, a strike would certainly result in such deaths: he was with his wife at his in-laws’ home.

“Many times,” General Jones said, in similar circumstances, “at the 11th hour we waved off a mission simply because the target had people around them and we were able to loiter on station until they didn’t.”

But not this time. Mr. Obama, through Mr. Brennan, told the C.I.A. to take the shot, and Mr. Mehsud was killed, along with his wife and, by some reports, other family members as well, said a senior intelligence official.

The information that the above quoted article should be a big, blinking red light that what were once embraced as standards by the Obama administration have been put aside for political considerations. The article also notes:

David Axelrod, the president’s closest political adviser, began showing up at the “Terror Tuesday” meetings, his unspeaking presence a visible reminder of what everyone understood: a successful attack would overwhelm the president’s other aspirations and achievements.

One wonders what place a political adviser has at a meeting where the president sorts his "terrorist baseball cards" and decides who is going to die this week.

Obama administration makes up the rules as they go along

Recently, news reports have demonstrated more starkly that the Obama administration is making up the rules as they go along and that any claims that they have made about process and accountability are malarkey. Recent reports have surfaced about President Obama's "Disposition Matrix," an attempt to codify and institutionalize his secret kill list proceedings.

This article, however, demonstrates how ad-hoc the process has been to this point and how politics looms over the entire drone program:

Facing the possibility that President Obama might not win a second term, his administration accelerated work in the weeks before the election to develop explicit rules for the targeted killing of terrorists by unmanned drones, so that a new president would inherit clear standards and procedures, according to two administration officials. ...

The attempt to write a formal rule book for targeted killing began last summer after news reports on the drone program, started under President George W. Bush and expanded by Mr. Obama, revealed some details of the president’s role in the shifting procedures for compiling “kill lists” and approving strikes. Though national security officials insist that the process is meticulous and lawful, the president and top aides believe it should be institutionalized, a course of action that seemed particularly urgent when it appeared that Mitt Romney might win the presidency.

This account in conjunction with other recent accounts gives damning evidence that far from Eric Holder's characterization of an orderly sort of program that meets the constitutional requirements of due process, the Obama drone assassination program has no standards other than the whims of President Obama and his administration (to the unknown degree that the president delegates assassination decisions). The picture that is emerging is of an opaque process which relies on the decency and integrity of one man to keep it from going off of the rails. Those in the administration trust themselves and will fight tooth and nail to keep their unaccountable power, but they fear passing that same unaccountable power on to another administration.

Lethal Technology minus Accountability equals Danger

Surely the opacity and lack of controls that President Obama's drone assassination program embodies is a terrible precedent to set in the face of even more powerful, lethal technologies on the horizon. These technologies will be employed, like their predecessors, with a great degree of secrecy and the increase in effectiveness will be incremental. There will be no klaxons sounding to warn the public that the technology that will reconfigure our notions of privacy and security needs to be accompanied by a commensurately larger degree of transparency and control.

One of our founding documents puts things this way; "Governments are instituted among Men, deriving their just Powers from the consent of the governed." How can the people meaningfully consent to that which is held from them in secret?

The time to fix this problem is yesterday. We cannot afford to let this slide, no matter how nice a man Mr. Obama seems to be.

There is a reason why in America we do not pledge fealty to a monarch, rather, we pledge to uphold the Constitution.

Well, at least some of us do:

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NCTim's picture

It is a sliding scale the further from 99%, the more accountable. Once you get below 50%, you don't even get a trial. The cops kill you. If you are a faceless person, somewhere else in the world, there is no mercy.

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The individual has always had to struggle to keep from being overwhelmed by the tribe. If you try it, you will be lonely often, and sometimes frightened. But no price is too high to pay for the privilege of owning yourself. - Friedrich Nietzsche -

joe shikspack's picture

supplies are strictly limited. the milkman of human kindness does not deliver to some zip codes. void where prohibited by law.

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Open letter to Obama

President Obama’s decision to prolong the U.S. led war in Afghanistan only ensures U.S. responsibility for more death and destruction. Veterans For Peace condemns the decision and calls on the U.S. public to say no to more war.
Today, President Obama commented, ‘I do not support the idea of endless war, and I have repeatedly argued against marching into open-ended military conflicts that do not serve our core security interests.’ But Veterans For Peace asks, what is this policy but endless war? The U.S. has been fighting in Afghanistan for over fourteen years. What can fewer than 10,000 service members do that more than 100,000 could not? Al-Qaeda is a non-factor in Afghanistan and the Taliban are Afghans. U.S. presence in Afghanistan ensures more Afghan deaths and delay in reduction of violence so that civil society can be rebuilt and peace and justice can begin to take hold. War, Mr. President, has not worked. If you don’t believe in endless wars and you want to be a true Nobel Peace laureate to be looked up to and admired for working for peace in the face of pressure to continue down the road of war, Bring Our Troops Home and put all of the weight and power of the U.S. behind building peace.
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MarilynW's picture

it is still relevant after 3 years. The killing continues.

I can't get the image out of my mind, the face of a man in the news last week (I am unable to find the article) saying,
"the drones have killed my family in Yemen."

The president has a 1/2 hour meeting every morning he is in Washington with NSA who describe all the global threats against the USA.
I think that is a form of brainwashing, not that it is an excuse. How else to explain the campaign promises of the Nobel Peace Prize winner
and what a killer he turned out to be?

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To thine own self be true.

joe shikspack's picture

is something that can waste a lot of time. perhaps in a few years there will be a number of tell-all books written by various aides or journalists who have held back thus far that will give us a better picture of whether they were promises that obama never meant to keep or if they were genuinely intended but waylaid.

in the meantime, i wonder if the public will ever wake up.

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mimi's picture

with a delay of 10 years or more and even then we are never really sure what's the truth and what's not.

I think parts of the public has woken up and the rest doesn't care to wake up, because they know that they have no means to change anything. Sleeping over it may be the better solution for them, instead of going depressed, angry or crazy with their minds all alert and their eyes wide open.

It's just amazing for me to watch everyday friday-afternoon-coming-home-from-work people to be totally unwilling to let anything enter their mind that would probably hurt their intelligence. They are stoned and tired and want to not feel anything, because feeling something would hurt them. Too much pain in their lives already.

I have some vague idea how people will fight the overbearing surveillance and weapon power of the MIC, but it's so "out of the box" thinking I have to spend way more research to make an argument and post it. One day ...

The only thing embarrassing of your diary is that you wrote it already in 2012 and it is as "news breaking" today. Thanks for the repost.

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very, very good. I personally am so
stymied by this whole situation that
I would appreciate any suggestions
as to how we extricate ourselves from
it.

Conventional "in the box" thinking
hasn't gotten us anywhere, it seems,
beyond spinning our wheels, so,
please, do develop your "out-of-the-
box" idea and write it up as an essay.

We need all the help and hope we can
offer one another.

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Only connect. - E.M. Forster

mimi's picture

a dark-haired gal next time to say something as stupid as this little dumb blonde? Otherwise I really start thinking about coloring my hair to become a bruenette. /s
Blum 3

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link

The United States' provocative attempts to infringe on China's South China Sea sovereignty are sabotaging regional peace and stability and militarizing the waters.

The U.S. Navy is reportedly preparing to conduct "freedom of navigation" operations, sending warships within 12 nautical miles of Chinese islands in the South China Sea. The U.S. operations may take place within days, according to reports.

Last month, in his response to China's claim of sovereignty over the South China Sea, U.S. Secretary of Defense Ash Carter said the United States "will fly, sail and operate wherever the international law allows, as we do around the world."

White House Spokesman Josh Earnest said on Oct. 8 that U.S. warships patrolling close to artificial islands built by China in the South China Sea "should not provoke significant reaction from the Chinese."

Let us not forget that in October 1962, when the Soviet Union was building missile sites in Cuba -- not even on U.S. soil -- U.S. President Kennedy made it clear in a televised speech that the United States would not "tolerate the existence of the missile sites currently in place."

What on earth makes the United States think China should and will tolerate it when U.S. surface ships trespass on Chinese territory in the South China Sea?

China will never tolerate any military provocation or infringement on sovereignty from the United States or any other country, just as the United States refused to 53 years ago.

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snoopydawg's picture

Congress has been denied the right to read the legal framework used by the Administration to justify the drone strikes. This means that these strikes are being carried out with virtually no transparency, accountability or judicial review. Victims or targets of the strikes are denied the right to due process. Innocent civilians and American citizens are getting the death penalty without so much as a trial. We do not know what measures, if any, the Joint Special Operations Command or the Central Intelligence Agency have for recognizing harm to civilian populations or to conduct investigations of who was killed.

Congress alone has the power to declare war, yet when was the last time they used it? 1945, or did they authorize war on Vietnam?

An AUMF is a cowardly act for congress to not do their job and hold the president's accountable for use of force.

Not one war since the war with Japan has had anything to do with defending the U.S.
Every military action, coup or training other country's military has had anything to do with protecting the U.S.
They've all been to allow the corporations to steal other country's resources. Dead innocent civilians be damned.
Smedley Butler told us back in the 30's that he was just muscle for hire for the corporations.
Almost every president has been guilty of war crimes.
Even the esteemed president Carter. He allowed Kissinger to do regime change and brought the Khmer Rogue into power.
The CIA has overthrown or tried to over 50 country's governments and installed brutal puppet dictators and then sat back and watched them murder and kill their citizens. When they quit playing by the U.S.'s rules, they took them out.
The Duviers from Haiti, the Shaw of Iran was installed because the other president wouldn't let BP have access to the oil.
I don't know all of the dictators that the U.S. supported, but it's a long list.
They gave Saddam chemical and biological weapons to use against Iranians and even gave him the coordinates to where their troops were.
Now we've spent how many years trying to overthrow Assad? And we are now working with, arming, funding and training terrorist groups in Syria including the same group of Al Quada that we fought against during the Iraq war. I wonder how our troops feel about that?
Counterpunch had an excellent article about why the U.S. is upset with Russia for bombing the terrorists groups that we have trained.
And of course the U.S. is lecturing Putin for bombing in Syria and blaming him for killing innocent civilians.
The U.S. is the greatest terrorist group in the world. It thinks it alone has the right to bomb and kill innocent civilians.
Remember when Obama said that " No country should have to tolerate bombs from other countries"?
Hubris much?
I'll try to find the link to the counterpunch article.
And I recommend people read that site.
One more thing. When the drone story broke, I read that most of the American people are fine with it.
If they save our troops lives then what's the problem?
People in this country have no problem with the U.S. killing innocent civilians.
I have no words for that way of thinking.

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snoopydawg's picture

The great danger of faking your ability to do something in the public square is that someone with an actual desire to the job you are pretending to do might come along and show you up.

This is what has just happened to the US in Syria with the entrance of Russia into the fight against ISIL.

And as is generally the case with posers caught with their pants down, the US policy elites are not happy about it.
You see, the US strategic goal in Syria is not as your faithful mainstream media servants (led by that redoubtable channeler of Neo-Con smokescreens at the NYT Michael Gordon) might have you believe to save the Syrian people from the ravages of the long-standing Assad dictatorship, but rather to heighten the level of internecine conflict in that country to the point where it will not be able to serve as a bulwark against Israeli regional hegemony for at least another generation.
Israel has set our foreign policy for decades and like good little men and women, our congress has appeased them.

Read this article.

http://www.counterpunch.org/2015/10/12/us-caught-faking-it-in-syria/

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The Fog of Intelligence
Or How to Be Eternally “Caught Off Guard” in the Greater Middle East

http://www.tomdispatch.com/post/176056/tomgram%3A_engelhardt%2C_creating...

1,500.

That figure stunned me. I found it in the 12th paragraph of a front-page New York Times story about “senior commanders” at U.S. Central Command (CENTCOM) playing fast and loose with intelligence reports to give their air war against ISIS an unjustified sheen of success: “CENTCOM’s mammoth intelligence operation, with some 1,500 civilian, military, and contract analysts, is housed at MacDill Air Force Base in Tampa, in a bay front building that has the look of a sterile government facility posing as a Spanish hacienda.”

Think about that. CENTCOM, one of six U.S. military commands that divide the planet up like a pie, has at least 1,500 intelligence analysts (military, civilian, and private contractors) all to itself. Let me repeat that: 1,500 of them. CENTCOM is essentially the country’s war command, responsible for most of the Greater Middle East, that expanse of now-chaotic territory filled with strife-torn and failing states that runs from Pakistan’s border to Egypt. That’s no small task and about it there is much to be known. Still, that figure should act like a flash of lightning, illuminating for a second an otherwise dark and stormy landscape.

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