The revelation that Barack Obama keeps a
'kill list' of people to be targeted by drones has led to criticism from
former supporters. Photograph: Carolyn Kaster/AP
Amos Guiora knows all about the pitfalls of targeted
assassinations, both in terms of legal process and the risk of killing
the wrong people or causing civilian casualties. The University of Utah
law professor spent many years in the Israel Defence Forces, including
time as a legal adviser in the Gaza Strip where such killing strikes are
common. He knows what it feels like when people weigh life-and-death
decisions.
Yet Guiora – no dove on such matters – confessed he was "deeply concerned" about President
Barack Obama's
own "kill list" of terrorists and the way they are eliminated by
missiles fired from robot drones around the world. He believes US policy
has not tightly defined how people get on the list, leaving it open to
legal and moral problems when the order to kill leaves Obama's desk. "He
is making a decision largely devoid of external review," Guiroa told
the
Observer, saying the
US's apparent methodology for deciding who is a terrorist is "loosey goosey".
Indeed,
newspaper revelations last week about the "kill list" showed the
Obama administration
defines a militant as any military-age male in the strike zone when its
drone attacks. That has raised the hackles of many who saw Obama as
somehow more sophisticated on terrorism issues than his predecessor,
George W Bush. But Guiora does not view it that way. He sees Obama as
the same as Bush, just much more enthusiastic when it comes to waging
drone war. "If Bush did what Obama has been doing, then journalists
would have been all over it," he said.
But the "kill list" and
rapidly expanded drone programme are just two of many aspects of Obama's
national security policy that seem at odds with the expectations of
many supporters in 2008. Having come to office on a powerful message of
breaking with Bush, Obama has in fact built on his predecessor's
national security tactics.
Obama has presided over a massive expansion of secret
surveillance
of American citizens by the
National Security Agency. He has launched a
ferocious and unprecedented crackdown on whistleblowers. He has made
more government documents classified than any previous president. He has
broken his promise to close down the controversial
Guantánamo Bay prison and pressed on with prosecutions via secretive military tribunals, rather than civilian courts. He has preserved
CIA
renditions. He has tried to grab broad new powers on what defines a
terrorist or a terrorist supporter and what can be done with them, often
without recourse to legal process.
The sheer scope and breadth of
Obama's national security policy has stunned even fervent Bush
supporters and members of the
Washington DC establishment. In last
week's
New York Times article that detailed the "kill list",
Bush's last CIA director, Michael Hayden, said Obama should open the
process to more public scrutiny. "Democracies do not make war on the
basis of legal memos locked in a [Department of Justice] safe," he told
the newspaper.
Even more pertinently, Aaron David Miller, a
long-term Middle East policy adviser to both Republican and Democratic
administrations, delivered a damning verdict in a recent issue of
Foreign Policy magazine. He wrote bluntly: "Barack Obama has become George W Bush on steroids."
Many
disillusioned supporters would agree. Jesselyn Radack was a justice
department ethics adviser under Bush who became a whistleblower over
violations of the legal rights of "
American Taliban" John Walker Lindh. Now Radack works for
the Government Accountability Project,
defending fellow whistleblowers. She campaigned for Obama, donated
money and voted for him. Now she has watched his administration – which
promised transparency and whistleblower protection – crack down on
national security whistleblowers.
It has used the Espionage Act –
an obscure first world war anti-spy law – six times. That is more such
uses in three years than all previous presidents combined. Cases include
John Kiriakou, a CIA agent who leaked details of waterboarding, and
Thomas Drake, who revealed the inflated costs of an NSA data collection
project that had been contracted out. "We did not see this coming. Obama
has led the most brutal crackdown on whistleblowers ever," Radack said.
Yet the development fits in with a growing level of secrecy in government under Obama. Last week
a report by the Information Security Oversight Office
revealed 2011 had seen US officials create more than 92m classified
documents: the most ever and 16m more than the year before. Officials
insist much of the growth is due to simple administrative procedure, but
anti-secrecy activists are not convinced. Some estimates put the number
of documents wrongly classified as secret at 90%.
"We are seeing
the reversal of the proper flow of information between the government
and the governed. It is probably the fundamental civil liberties issue
of our time," said Elizabeth Goitein, a national security expert at the
Brennan Centre for Justice. "The national security establishment is getting bigger and bigger."
One
astonishing example of this lies high in the mountain deserts of Utah.
This is the innocuously named Utah Data Centre being built for the NSA
near a tiny town called Bluffdale. When completed next year, the heavily
fortified $2bn building, which is self-sufficient with its own power
plant, will be five times the size of the US Capitol in Washington DC.
It will house gigantic servers that will store vast amounts of data from
ordinary Americans that will be sifted and mined for intelligence
clues. It will cover everything from phone calls to emails to credit
card receipts.
Yet the UDC is just the most obvious sign of how
the operations and scope of the NSA has grown since the 9/11 terrorist
attacks. Under Bush, a key part was a secret "warrantless wiretapping"
programme that was scrapped when it was exposed. However, in 2008
Congress passed a bill that effectively allowed the programme to
continue by simply legalising key components. Under Obama, that work has
intensified and earlier this year a Senate intelligence committee
extended the law until 2017, which would make it last until the end of
any Obama second term.
"Obama did not reverse what Bush did, he
went beyond it. Obama is just able to wrap it up in a better looking
package. He is more liberal, more eloquent. He does not look like a
cowboy," said James Bamford, journalist and author of numerous books
about the NSA including 2008's
The Shadow Factory.
That
might explain the lack of media coverage of Obama's planned changes to a
military funding law called the National Defence Authorisation Act. A
clause was added to the NDAA that had such a vague definition of support
of terrorism that journalists and political activists went to court
claiming it threatened them with indefinite detention for things like
interviewing members of Hamas or WikiLeaks. Few expected the group to
win, but when lawyers for Obama refused to definitively rebut their
claims, a New York judge ruled in their favour. Yet, far from seeking to
adjust the NDAA's wording, the White House is now appealing against the
decision.
That hard line should perhaps surprise only the naive.
"He's expanded the secrecy regime in general," said Radack. Yet it is
the drone programme and "kill list" that have emerged as most central to
Obama's hardline national security policy. In January 2009, when Obama
came to power, the drone programme existed only for
Pakistan and had seen 44 strikes in five years. With Obama in office it expanded to Afghanistan,
Yemen and Somalia with more than 250 strikes. Since April there have been 14 strikes in Yemen alone.
Civilian
casualties are common. Obama's first strike in Yemen killed two
families who were neighbours of the target. One in Pakistan missed and
blew up a respected tribal leader and a peace delegation. He has
deliberately killed American citizens, including the radical cleric
Anwar al-Awlaki in September last year, and accidentally killed others,
such as Awlaki's 16-year-old son, Abdul-Rahman.
The drone
operation now operates out of two main bases in the US, dozens of
smaller installations and at least six foreign countries. There are
"terror Tuesday" meetings to discuss targets which Obama's campaign
manager, David Axelrod, sometimes attends, lending credence to those who
see naked political calculation involved.
Yet for some, politics
seems moot. Obama has shown himself to be a ruthless projector of
national security powers at home and abroad, but the alternative in the
coming election is Republican Mitt Romney.
"Whoever gets elected,
whether it's Obama or Romney, they are going to continue this very
dangerous path," said Radack. "It creates a constitutional crisis for
our country. A crisis of who we are as Americans. You can't be a free
society when all this happens in secret."
Death from the sky
•
Popularly called drones, the flying robots used by Obama are referred
to as unmanned aerial vehicles by the defence industry that makes them.
The air force, however, calls them RPAs, or remotely piloted aircraft,
as they are flown by human pilots, just at a great distance from where
they are operating.
• The US air force alone has up to
70,000 people processing the surveillance information collected from
drones. This includes examining footage of people and vehicles on the
ground in target countries and trying to observe patterns in their
movements.
• Drones are not just used by the military and
intelligence community. US Customs and Border Protection has drones
patrolling land and sea borders. They are used in drug busts and to
prevent illegal cross-border traffic.
• It is assumed the
Pentagon alone has 7,000 or so drones at work. Ten years ago there were
fewer than 50. Their origins go back to the Vietnam war and beyond that
to the use of reconnaissance balloons on the battlefield.
•
Last year a diplomatic crisis with Iran broke out after a sophisticated
US drone, the RQ-170 Sentinel, crash-landed on Iranian soil. Iranian
forces claimed it had been downed by sophisticated jamming technology.
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