Follow the money

In his 2017 farewell address, Obama boasted, “We have taken out tens of thousands of terrorists.” Drone strikes increased tenfold under Obama, helping fuel anti–U.S. backlashes in several nations.

As he campaigned for the presidency in 2007, Sen. Barack Obama declared, “We will again set an example for the world that the law is not subject to the whims of stubborn rulers.” Many Americans who voted for Obama in 2008 expected a seachange in Washington. However, from his first weeks in office, Obama authorized widespread secret attacks against foreign suspects, some of which spurred headlines when drones slaughtered wedding parties or other innocents.

On February 3, 2010, Dennis Blair Obama’s Director of National Intelligence, stunned Washington by announcing that the administration was also targeting Americans for killing. Blair revealed to a congressional committee the new standard for extrajudicial killings: “Whether that American is involved in a group that is trying to attack us, whether that American has — is a threat to other Americans. We don’t target people for free speech. We target them for taking action that threatens Americans.” But “involved” is a vague standard – as is “action that threatens Americans.” Blair stated that “if we think that direct action will involve killing an American, we get specific permission to do that.” Permission from who?

Obama’s first high-profile American target was Anwar Awlaki, a cleric born in New Mexico. After the 9/11 attacks, Awlaki was showcased as a model moderate Muslim. The New York Times noted that Awlaki “gave interviews to the national news media, preached at the Capitol in Washington and attended a breakfast with Pentagon officials.” He became more radical after he concluded that the Bush administration’s war on terror was actually a war on Islam. After the FBI sought to squeeze him into becoming an informant against other Muslims, Awlaki fled the country. He arrived in Yemen and was arrested and reportedly tortured at the behest of the U.S. government. After he was released from prison 18 months later, his attitude had worsened and his sermons became more bloodthirsty.

After the Obama administration announced plans to kill Awlaki, his father hired a lawyer to file a challenge in federal court. The ACLU joined the lawsuit, seeking to compel the government “to disclose the legal standard it uses to place U.S. citizens on government kill lists.” The Obama administration labeled the entire case a “State Secret.” This meant that the administration did not even have to explain why federal law no longer constrained its killings. The administration could have indicted Awlaki on numerous charges, but it did not want to provide him any traction in federal court.

In September 2010, the New York Times reported that “there is widespread agreement among the administration’s legal team that it is lawful for President Obama to authorize the killing of someone like Mr. Awlaki.” It was comforting to know that top political appointees concurred that Obama could justifiably kill Americans. But that was the same “legal standard” the Bush team used to justify torture.

The Obama administration asserted a right to kill U.S. citizens without trial, without notice, and without any chance for the marked men to legally object. In November 2010, Justice Department attorney Douglas Letter announced in federal court that no judge had legal authority to be “looking over the shoulder” of Obama’s targeted killing. Letter declared that the program involves “the very core powers of the president as commander in chief.”

The following month, federal judge John Bates dismissed the ACLU’s lawsuit because “there are circumstances in which the Executive’s unilateral decision to kill a U.S. citizen overseas” is “judicially unreviewable.” Bates declared that targeted killing was a “political question” outside the court’s jurisdiction. His deference was stunning: no judge had ever presumed that killing Americans was simply another “political question.” The Obama administration’s position “would allow the executive unreviewable authority to target and kill any U.S. citizen it deems a suspect of terrorism anywhere,” according to Center for Constitutional Rights attorney Pardiss Kebriae.