Top Intel Officer: U.S. May Kill Americans Abroad

John Byrne
Raw Story
February 4, 2010

Update at bottom: Renowned blogger/lawyer Glenn Greenwald says program breaks US laws

In a striking admission from the Obama Administration’s top intelligence officer, Director of National Intelligence Dennis Blair announced Wednesday that the United States may target its own citizens abroad for death if it believes they are associated with terrorist groups.

“We take direct action against terrorists in the intelligence community,” Director of National Intelligence Dennis Blair told the House Intelligence Committee. He said US counter-terrorism officials may try to kill American citizens embroiled in extremist groups overseas with “specific permission” from higher up.

If “we think that direct action will involve killing an American, we get specific permission to do that,” Blair said in response to questions from the panel’s top Republican, Representative Pete Hoekstra.

Blair’s comments came after The Washington Post reported that US President Barack Obama had embraced predecessor George W. Bush’s policy of authorizing the killing of US citizens involved in terrorist activities overseas.

If a United States citizen was determined to have joined a foreign terrorist group, that person could be legally murdered under orders given by President George W. Bush after the 9/11 attacks.

“After the Sept. 11, 2001, attacks, Bush gave the CIA, and later the military, authority to kill U.S. citizens abroad if strong evidence existed that an American was involved in organizing or carrying out terrorist actions against the United States or U.S. interests, military and intelligence officials said,” the Post reported. “The evidence has to meet a certain, defined threshold. The person, for instance, has to pose ‘a continuing and imminent threat to U.S. persons and interests,’" said one former intelligence official.

“The Obama administration has adopted the same stance. If a U.S. citizen joins al-Qaeda, ‘it doesn’t really change anything from the standpoint of whether we can target them,’ said a senior administration official. ‘They are then part of the enemy.’”

The Post, citing anonymous US officials, said the Central Intelligence Agency (CIA) and Joint Special Operations Command have three Americans on their lists of specific people targeted for killing or capture.

Blair said weighing whether to target a US national required determining “whether that American is involved in a group that is trying to attack us, whether that American is a threat to other Americans.”

The intelligence chief said he was offering such unusually detailed information in public because “I just don’t want other Americans who are watching to think that we are careless.”

“In fact, we’re not careless about endangering lives at all, but we especially are not careless about endangering American lives as we try to carry out the policies to protect most of the country,” he said.

Hoekstra, the ranking Republican, asked what the standards were for targeting American citizens abroad. Blair didn’t specifically articulate them.

"We don't target people for free speech," he said. "We target them for taking action that threatens Americans."

Hoekstra pressed him, citing a 2001 incident in which Peru's air force shot down a plane carrying US missionaries, killing a woman and her seven-month-old daughter, after the aircraft was misidentified as a drug-smuggler.

"We were careless and we were reckless," Blair replied. "I want to make sure that this committee does everything that it can and within its power that it does not allow the community to be reckless and careless again."

"While I'm in charge, we will not be careless and reckless," he pledged.

Renowned blogger/lawyer Glenn Greenwald says program breaks US laws

Two of the most respected bloggers from the left who focus on civil liberties and constitutional issues offered harsh criticisms of the assassination program on Thursday.

Salon's Glenn Greenwald, a former NYC lawyer and the 'author of two New York Times Bestselling books,' observes, "Although Blair emphasized that it requires 'special permission' before an American citizen can be placed on the assassination list, consider from whom that 'permission' is obtained: the President, or someone else under his authority within the Executive Branch. There are no outside checks or limits at all on how these 'factors' are weighed. In last week's post, I wrote about all the reasons why it's so dangerous -- as well as both legally and Constitutionally dubious -- to allow the President to kill American citizens not on an active battlefield during combat, but while they are sleeping, sitting with their families in their home, walking on the street, etc. That's basically giving the President the power to impose death sentences on his own citizens without any charges or trial. Who could possibly support that?"

Greenwald continues,

The severe dangers of vesting assassination powers in the President are so glaring that even GOP Rep. Pete Hoekstra is able to see them (at least he is now that there's a Democratic President). At yesterday's hearing, Hoekstra asked Adm. Blair about the threat that the President might order Americans killed due to their Constitutionally protected political speech rather than because they were actually engaged in Terrorism. This concern is not an abstract one. The current controversy has been triggered by the Obama administration's attempt to kill U.S. citizen Anwar al-Awlaki in Yemen. But al-Awlaki has not been accused (let alone convicted) of trying to attack Americans. Instead, he's accused of being a so-called "radical cleric" who supports Al Qaeda and now provides "encouragement" to others to engage in attacks -- a charge al-Awlaki's family vehemently denies (al-Awlaki himself is in hiding due to fear that his own Government will assassinate him).

The question of where First Amendment-protected radical advocacy ends and criminality begins is exactly the sort of question with which courts have long grappled. In the 1969 case of Brandenburg v. Ohio, the Supreme Court unanimously reversed a criminal conviction of a Ku Klux Klan leader who — surrounded by hooded indivduals holding weapons — gave a speech threatening ”revengeance” against any government official who “continues to suppress the white, Caucasian race.” The Court held that the First Amendment protects advocacy of violence and revolution, and that the State is barred from punishing citizens for the expression of such views. The Brandenburg Court pointed to a long history of precedent protecting the First Amendment rights of Communists to call for revolution — even violent revolution — inside the U.S., and explained that the Government can punish someone for violent actions but not for speech that merely advocates or justifies violence (emphasis added):

As we [395 U.S. 444, 448] said in Noto v. United States, 367 U.S. 290, 297 -298 (1961), "the mere abstract teaching . . . of the moral propriety or even moral necessity for a resort to force and violence, is not the same as preparing a group for violent action and steeling it to such action." See also Herndon v. Lowry, 301 U.S. 242, 259 -261 (1937); Bond v. Floyd, 385 U.S. 116, 134 (1966). A statute which fails to draw this distinction impermissibly intrudes upon the freedoms guaranteed by the First and Fourteenth Amendments. It sweeps within its condemnation speech which our Constitution has immunized from governmental control.

Blogger Empty Wheel, who published a highly acclaimed book on the Plame leak case under her real name Marcia Wheeler, writes, "Glenn’s point is important because it appears the government agrees with him on the First Amendment point: all of the speech al-Awlaki has engaged in for the last decade was not deemed worthy of even a criminal indictment. Yet all of a sudden, it got al-Awlaki on the kill list."

After news of the Yemen strikes broke on December 24, RAW STORY noted that many reports suggested the cleric was targeted.