By Steve Holland and Susan Heavey
WASHINGTON, Feb 5 (Reuters) - The White House and its
critics faced off on Tuesday over the legality of drone strikes
to kill U.S. citizens abroad, in a likely preview of arguments
that will be raised during this week's confirmation hearing for
President Barack Obama's choice to head the CIA.
The disclosure of an unclassified Justice Department memo
laying out the legal framework for the U.S. government's ability
to attack its own citizens drew criticism from civil liberties
groups. But the White House strongly defended the controversial
policy as legal and ethical.
The unclassified memo, first obtained by NBC News, argues
that drone strikes are justified under American law if a
targeted U.S. citizen had "recently" been involved in
"activities" posing a possible threat and provided that there is
no evidence suggesting the individual "renounced or abandoned"
such activities.
White House spokesman Jay Carney defended current U.S. drone
policy, saying they are used to mitigate threats, stop plots,
prevent future attacks and save American lives.
"These strikes are legal, they are ethical and they are
wise," he said.
Civil liberties groups expressed concerns, while U.S.
lawmakers called on the White House to release more of its legal
underpinning for the assertion that the president has the power
to kill U.S. citizens abroad without trial.
The U.S. government has dramatically increased its use of
drone aircraft abroad in recent years to target al Qaeda figures
in far-flung places from Pakistan to Yemen.
"My initial reaction is that the paper only underscores the
irresponsible extravagance of the government's central claim,"
Jameel Jaffer of the American Civil Liberties Union wrote on the
ACLU's blog. "Even if the Obama administration is convinced of
its own fundamental trustworthiness, the power this white paper
sets out will be available to every future president."
The use of drones figures to be a prime topic for White
House counterterrorism chief John Brennan when he faces the
Senate Intelligence Committee on Thursday in a confirmation
hearing on his nomination to become CIA director.
The document was disclosed as a bipartisan group of U.S.
senators called on the Obama administration to release to
Congress "any and all" legal opinions laying out the
government's understanding of what legal powers the president
has to authorize the killing of American citizens.
The senators who signed the letter, including members of the
Senate Intelligence Committee, said the administration's
cooperation would "help avoid an unnecessary confrontation that
could affect the Senate's consideration of nominees for national
security purposes."
One national security official said the leak of the Justice
Department memo may have been timed to blunt such congressional
demands for the release of additional documents.
Senator Dianne Feinstein, the Democrat who chairs the
Intelligence Committee, said in a statement on Tuesday that she
had been calling on the administration to release legal analyses
related to the use of drones for more than a year.
Feinstein said the document obtained by NBC had been given
to congressional committees last June on a confidential basis,
and that her committee is seeking additional documents, which
are believed to remain classified.
Attorney General Eric Holder on Tuesday said he was
concerned that the release of more documents could put sources
and operations at risk.
"We'll have to look at this and see how, what it is we want
to do with these memos," Holder said.
There is "a real concern to reveal sources, to potentially
reveal sources and methods and put at risk the very mechanisms
that we use to try to keep people safe, which is our primary
responsibility," he said at a news conference.
'IMMINENT THREAT'
In the unclassified Justice Department paper, the authors
laid out three conditions that the executive branch should meet
before a drone strike is ordered.
A top U.S. official must determine that the targeted person
"poses an imminent threat of violent attack against the United
States," cannot be captured, and that the strike "would be
conducted in a manner consistent with applicable law of war
principles," the department said.
The memo is drawing new attention to the 2011 strike that
killed U.S.-born Anwar al-Awlaki, who U.S. investigators say was
a leader of al Qaeda's Yemen-based affiliate and linked to a
botched plot to blow up a U.S. airliner with a bomb hidden in a
man's underwear on Christmas Day 2009.
Targeted killings carried out by remotely piloted unmanned
aircraft are controversial because of the risks to nearby
civilians and because of their increasing frequency. The United
Nations recently launched an investigation into their use.
Most such attacks have been carried out by the United
States, but Britain and Israel have also used drones.
Hina Shamsi of the ACLU, which has sued for more information
on the drone program, called the memo "profoundly disturbing"
and "a stunning overreach of executive authority."
Shamsi, head of the ACLU's National Security Project, in a
statement called on the Obama administration to release what she
said was a 50-page classified legal document on which the
16-page summary is based.
"Among other things, we need to know if the limits the
executive purports to impose on its killing authority are as
loosely defined as in this summary, because if they are, they
ultimately mean little," she said late Monday.
The ACLU on Tuesday will also file court papers seeking to
block government efforts to dismiss the group's lawsuit
challenging the 2011 killing of Awlaki and two other Americans
in Yemen, the statement said.
(Additional reporting by David Ingram, Mark Hosenball and
Patricia Zengerle)
Follow us on Twitter @ReutersLegal | Like us on Facebook