As I noted earlier, I’m doing a fairly detailed comparison of what parts of the white paper don’t show up in the drone memo released Monday. But that’s going to take a while.more at Emptywheel
Far easier is to compare what Charlie Savage’s sources said the memo included but doesn’t. I’ve noted before that they told him there was one memo when there were really two. Given these discrepancies, it’s possible they merged the two memos in their descriptions:
Death by PenInformed Comment: Obama’s Drone Memo Revealed: US Gov’t can over-rule 4th Amendment
For the killing of an American citizen to be legal, the document claims, you need one essential thing: "an informed, high-level official of the U.S. government [who] has determined that the targeted individual poses an imminent threat of violent attack against the United States." In addition, capture must be found to be unfeasible and the act of killing must follow the existing laws of war, which means drones are okay but poison gas is a no-no.
The rest of the justification in the white paper flows from that premise in a perverse chain of ankle-bone-connected-to-the-leg-bone logic: the president has the obligation to protect America; al-Qaeda is a threat; Congress authorized war against it; and being in al-Qaeda is more relevant than citizenship (or as the document crudely puts it, "citizenship does not immunize the target"). International borders and the sovereignty of other nations are not issues if the U.S. determines the host nation is "unwilling or unable to suppress the threat posed by the individual targeted." Basically, it’s all an extension of the idea of self-defense, with more than a dash of convenience shaken in.
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