The Central Intelligence Agency is under renewed legal pressure to release “thousands” of records pertaining to its international drone war, following an appeal filed Monday by the American Civil Liberties in Washington, D.C. The motion comes just days after The Intercept published an eight-part series based on cache of secret documents detailing the U.S. military’s parallel reliance on unmanned airstrikes in the war on terror.
While The Intercept’s series, The Drone Papers, offered new insights into the Pentagon’s drone missions in Yemen, Somalia, and Afghanistan, the CIA’s covert drone war has largely remained an official black hole. In the absence of verifiable facts and documentary evidence regarding the agency’s operations, the task of mapping and understanding a central component of modern American warfare has fallen on journalists and legal organizations.
The ACLU’s Monday filing marks the latest chapter in one such effort — a five-year legal battle with the U.S. government over the CIA’s program that began with a 2010 freedom of information request calling for a release of official documents detailing when, where, and against whom the U.S. considers itself authorized to conduct drone strikes, as well as information illustrating how the attacks are consistent with international law.
Following the request, the CIA initially refused to confirm whether its drone program existed. The ACLU challenged that defense, noting that numerous U.S. officials had publicly confirmed its existence. In March 2013, a lower court ruling siding with the CIA was reversed by a unanimous 3-0 decision in favor of the ACLU.
In the wake of the reversal, the ACLU narrowed its FOIA request to two criteria: first, any and all legal memoranda “concerning the U.S. Government’s use of armed drones to carry out premeditated killings”; and, second, “records containing charts or compilations about U.S. Government strikes sufficient to show the identity of the intended targets, assessed number of people killed, dates, status of those killed, agencies involved, the location of each strike, and the identities of those killed if known.”
Responding to the narrowed requests, the CIA revealed that it had located a dozen final legal memoranda (one of which the government made public in redacted form), and “thousands of classified intelligence products responsive” to the ACLU’s second request. The agency has maintained that the documents are exempt from FOIA publication requirements. At issue now, as the ACLU’s recent filing lays out, is the question of whether the information will be released.
“This case concerns the CIA’s withholding of records that would allow the public to better understand and evaluate the effectiveness, lawfulness, and morality of the government’s drone campaign,” the ACLU noted in its brief. “The CIA continues to withhold essentially everything, and public debate about the drone campaign continues to be impoverished and distorted by unwarranted secrecy and selective disclosure. FOIA was enacted to prevent precisely this.”
Jameel Jaffer, deputy legal director of the ACLU, told The Intercept that the current appeal rests on two arguments. The first, that legal analysis cannot be classified in and of itself, and that it can only be withheld insofar as it is bound up with appropriately classified facts. The ACLU contends that the government has not proven that the facts underlying the legal memoranda are classified. The second argument is that the strike data sought is not, as the CIA contends, exempt from FOIA on the grounds of sources and methods. The CIA declined to comment on the appeal.
The information sought by the ACLU pertains to an ongoing debate over the nature of the CIA’s role in combatting terrorism. During his February 2013 nomination hearing, John Brennan was asked to reflect on a question that has loomed over the spy agency since the September 11 attacks: Has the CIA become overly militarized? Barbara Mikulski, the Maryland senator who posed the question, described the agency’s increased role in paramilitary operations as “mission creep.”
After noting that the CIA’s core mission is intelligence collection, Brennan conceded that “there are things that the agency has been involved in since 9/11 that, in fact, have been a bit of an aberration from its traditional role.” Brennan said that if confirmed he would “take a look at that allocation of mission within CIA,” adding that “the CIA should not be doing traditional military activities and operations.”
The “aberration[s]” and “things that the agency has been involved in since 9/11,” are numerous, but in raising the issue of “traditional military activities and operations” Brennan seemed to be making a veiled reference to the CIA’s drone war, which, according to figures compiled by the Bureau of Investigative Journalism, has included more than 400 strikes in Pakistan alone, resulting in 423 to 965 civilian deaths.
Despite Brennan’s hints of a return to a more restrained mission, the CIA in the age of Obama continues to be an actively lethal organization. Following the unintended killing in January of two Western hostages in a CIA drone strike, the Wall Street Journal revealed that while the president had publicly declared a tightening of guidelines surrounding drone strikes in May 2013, “he secretly approved a waiver giving the Central Intelligence Agency more flexibility in Pakistan than anywhere else to strike suspected militants.”
While the CIA’s drone war has sparked outrage from human rights organizations across the world, it has enjoyed consistent support on Capitol Hill, where congressional staffers routinely watch videos of the agency’s airstrikes and receive assurances from influential CIA officials that the operations are necessary and efficient.
Jaffer argues that in refusing to release key details regarding the legality and efficacy of its counterterrorism operations, the U.S. government increases the potential for information to be revealed by whistleblowers.
“Government officials frequently complain of whistleblowers’ purported failure to use ‘official channels’ for disclosure,” Jaffer wrote in a post for the website Just Security Monday night. “But perhaps the complaint would be marginally more sympathetic if the government were complying with the FOIA. Whistleblowers would surely be less inclined to disclose information through unofficial channels if the government were complying with its legal obligation to disclose information through official ones.”
Pencil Box is going to Qatar to free the slaves?
OMG, the comments at the Guardian are so encouraging. I was discouraged having the courage to suggest that kid was being exploited proved me racist. I know kidz and the parents who manipulate them, Middle School Tracist. OMG, if you think the kid’s being difficult, just look at the parent. Don’t expect help from the source material, open book test.
Because American Law solves everything… Go America!
Preferably to Mars and don’t come back.
There isn’t another nation on this Earth so obsessed with its laws and so firm in its belief that they are there to save them and help them fix their problems, when they are the very things wreaking all the havoc.
Law isn’t Justice, and Justice itself is subjective.
Americans are OBSESSED with it, yet know it is full of crooks and loopholes and amendments and lacks seriously in notions of common sense and completely favours the rich and is written in a jargon unintelligible to the average Joe. And completely and obviously fails as a punitive and deterent system given that America has 2.2million prison inmates and 5million on some form of parole.
And America is obsessed with promoting this insanity outside of its borders. The whole point of the TPP is to export those Laws to other sovereign states, not to bring about enlightenment, but to impose imperialism. I cannot understand why Mexico, Vietnam and Chile, who have suffered so much from American intervention, are allowing their leaders to take them down that path. Insanity.
The American government and interested corporate bodies routinely use law when it suits them and make themselves immune to its effect, making American Law a travesty. But hey, get some more journalists to write about it and some more civil rights groups to complain and I am sure all will be fine for everyone, I am just a forgotten lunatic on the fringes after all.
I prefer to think we are rangers on the edge of Indian Territory, and my fringe is just itching to peel off. WTF are we doing here trying to stop whiskey, weed or whites crossing the line while these conjobbers peddle our data to Prism for back kicks? Our suspects aren’t stupid, but they do pay hundreds of thousands to learn how to make us want to leave the reservation so they can round up our best defenders, Tonto. You aren’t crazy, they are evil bastards who’s gain is just another stain on the face of humility. Yup, I’m talking to those stupid dope pipes, now.
How much mob do you have to bring to get CISA through, Scrubby Q? Fire hoses, AGAIN? I know Joe Bonanno could get AT&T to bring the lines in overnight, Fed Ex. Only after he approved the hook ups for his own piece of the action, Jacksons! And everyone SHOULD know Nixon rolled ITT for his San Diego convention money, so overblown, you’d think someone flew in from Chile with the last snow fall, Pablo. He taped it, that’s why I know.
Anyone surprised these hook ups are so well connected even a befuddled Carl Hayden couldn’t get through, but a retired godfather? No sweat, unione siciliana.
Back up to you, Pardner. It’s Chinatown. You just need to know that if you don’t plan to stop eating here. I get a cut of the whiskey peddler’s profits because I married his daughter, Maverick! Their world is so twisted, and we think untwining it will make it stop? Nope, that’s just a fucked up receiver line, rewind. We wind the rope ourselves, pope, every time we pick up.
I hate this fucking shake and bake as much as you do, but I helped just by eating it without tossing it back to the kitchen. Joking about it is easy. Obstructing evil is dangerous.
It’s our cowardice that makes us crazy, but these people play for keeps, saker. I’ll keep my skin and call myself an outlier as long as I’m aloud to sing it, lineman. OMG, that Glenn Campbel movie is the bomb. When the Wrecking Crew kicked in, I wasso happy to be alive I broke down in tears. That’s all we got, so don’t let the evil fucks get you down. Clown back.
Homan Square revealed: how Chicago police ‘disappeared’ 7,000 people
Exclusive: Lawsuit exposes scale of detention at off-the-books interrogation warehouse while attorneys describe find-your-client chase ‘from a Bond movie’
Who needs to leave home for The Horror? It finds it’s way back no matter how far away you spray it.
OMG, who’s the kid claiming to have blagged Verizon and AOL into switching Brennen and Johnsons’ account passwords? That’s such old shag carpeting, sounds like a Universal FOX production, kidz.
But it doesn’t mean this isn’t also a Chinese knockoff, CNN. A real activist would have hipped this shell hole. Murdoch got run out of Russia with a hail of outdoor advice to split the territory, so he took all his love to China, did he not, Tony? Baloney me a sandwich, GCHQ! I think Operation Chaos is about to blow, Charlie!
What about the insecurity of these dope heads’ email or what they were leaving around for anyone to read, Ben Gazing Too Long at Your Own Dicks Committees? WTF, Brennen, are you extorting people from home, now? Did you learn NOTHING from Petraeus’ fucking it up old school? That’s a LOT of valuable data, if it’s not a put on, Your Eminence Front! Plotting your own disrobing? Tres chic!
I just caught Sis doing same, blagging my internet account because she claims her computer runs slow and we need more speed, but will she even let me teach her how to clear her browsing history? Wouldn’t hear of it if her hair was on fire. Thank good Cox email alerted me she had changed the account access name.
Some GOP are so full of shite their ears can’t handle facts out of FOX School. She has been shown repeatedly how to unplug and replug the modem and router, but still insists some poor fuck at Cox manipulate her box remotely to reboot the IP address. I want to reboot something, alright.
So I told Cox she’s senile and has zero authority to fuck up my bundled package just because she has no one else to fuck with anymore. she can ask them to reboot her end, but that’s it, my Friends. How this brick head figured out how to blag into my account still floors me. She’s demanding, that’s for sure.
Back to the telephony iceholes. Who says they aren’t the ones disrupting their own Apple carts, I mean, have you seen the sales dip for IBM? While they pretend they don’t want this Get Out of Jail Swipecard Bill that Congress is shilling for them, we know the stupid and smart pipes aren’t gonna let the pols pwn them anymore, no hay. Nixon had his day, ITT, now it’s the revenge of the splurds.
I fear we are getting into a space so queer, being gay will not register on the meter, wife beaters. If my Diviner is correct, this is a suspect event much like the SONY Quack, what a goose egg that turned over. But so glad little Juno is happy, now.
Come in, Red Baron. Should we go back to base and wait for the all clear, because it’s unclear who’s queering the systems, Cyclops. I sense CNN is getting pwnd, but that’s just my own intel belling in, canters. Could be a coordinated BS singalong ala Hollywood, confidentially.
The Q is is it Q or an inside insider’s job? OMG, not Hillary again with the HackBerry! Did she not wipe Petraeus out of the way without so much as a Hayride, Needles?
WaPo poopsee on Biden…oopsie or splurd? Encryption, just for freedom’s sake or a necessity for governmental fuckups, too?
Any
Well, aside from the ACLU trying to tree the crafty possum of CIA tradecraft … exactly, yabbadabba.
I don’t think the Brennen Big wigs, et elk, buy-in to the whole meekgeeks inheriting the world notion … so
here ’tis http://www.theguardian.com/commentisfree/2015/oct/20/cia-director-was-hacked-by-13-year-old-but-he-still-wants-your-data
Considering the source, NY Post, I suspect the boaster is from Murdoch’s crew.
Some hackity slacker wants to get cyber revenge coverage so he tells THOSE old pipeheads? Sounds more like what NYPost and CIA want to smear pitched perfectly for sale to several bloody outlets. they strew this shite all the time.
Why not pitch the the G or this site? Too good at sorting the BS from the grass for that caster. This is Murdoch ass grabbing for goose steppers, Slick.
CIA will ride it for a good buck as Murdoch role plays us. Meanwhile SONY is whining that CBS won’t take their Truth money. Can anyone lay claim to that these days when FOX can wind you a tar ball so fast you swear you heard it speak?
What you wanna bet Murdoch and Hayden are playing online Star Wars with their cyberwands in their Blue Rooms, right now? That “kid” sounds horribly old, as in Humboldt Squid’s Naughtylist, and she spelled pwn wrong, too. I can’t spell for twit, but that was a shity pwn.
I recall no one at that US corp went to jail in the UK for hacking a copper, lying to a judge and getting away with it by claiming crap legal guidance, smoke signals. The Law’s fault? Is that because it was a Murdoch operation, too? Or do all US companies get to roll the UK’s pols like that Cableman do?
Try to make a bit more sense with what you write. There is no point communicating if no one understands what you say or thinks you are worth ignoring. What is happening is simple: a move towards global totalitarianism that benefits an elite of businessmen, financiers, politician and military/intel persons both within the US and any allies. Even if this succeeds it will not create “peace” as the machine feeds on fear and demonisation of a common “enemy” against whom funds can be taken and channeled. All the manouvring to achieve this IS complex and liable to collapse and countering, but is always just a small part in this march onwards. As Frank Herbert said in Dune, the Slow Blade Penetrates the Shield – meaning for this approach to attaining a totalitarian coup: if you keep moving forward and pushing you will eventually get there, it is inexorable.
BUT!
Politicians rely on VOTERS and TAX MONEY and corporations rely on CUSTOMERS and PROFITS, which is where the Common Man gets to have his albeit compromised, manipulated and diffuse say.
It is trough educating the Common Man that they can act with informed choices, so your manic rebel-speak is counterproductive.
I presume all data made, whether it stands in the shade or not, is consumed and sent through deconstruction to become fodder for these forecasting outfits. Who’s selling foul smelling thoughts to stand up cons by minting our minds for painful pressure points?
https://www.washingtonpost.com/politics/cruz-campaign-paid-750000-to-psychographic-profiling-company/2015/10/19/6c83e508-743f-11e5-9cbb-790369643cf9_story.html
So if I choose to toss a few wooden shoes into a factory grind which does not compensate me while making my own pointed pressure statements, I will do so until taken back to the silo. What’s taking so long? I’ve been canned before. I prefer a direct line into Watson’s backdoor, anytime, GCHQ.
Why anyone presumes we must align ourselves rightly to remain in the room is missing my point, entirely. Does Target know they are flying ads beside a wealth of cyber security protection ads at the Guardian? Talk about your backhanded buttrest. Does AT&T rally think a world wound with barbed wire will go over well with data ranchers? You betcha. And why does Hillary think her right pointing hospital sign is the way to turn? I want to turn it upside down, but that would be no way to fly, Wild Weasel.
I don’t own a smart pwn, so does that mean I’m stupid or better educated than most Holders? I put my time in on educating the children, sir, so don’t lecture me about audience, theatre department. We already belong to the choir.
Hay, I think your daughter busted your noggin breaking out of that old two groove rut, head butt. I don’t align to much other than my own twine, but I do weave a pretty intricate webster, right Watson? When that joke learns to three step, we are all going to the Big Dance.
I believe, magically, that much of what I intend to send only a few recievers can decode. But when they get it, you could say I unloaded on a big one, Daniel Boone. I know Shakespeare used to tease this way, but he could also con you into thinking he was making sense. He was simply reflecting us, and don’t we think he thinks we’re so smart, Yellow Stockings.
I have no idea why this curtain is taking so long, critic. I typically get blasted in two days. Then it’s often months of tears with beers in my corn castle talking only to Q.
@ZeusDoesn’tReadJoyceAndWasSoberAtFinnegan’sWake
in appreciation of bababadalgharaghtakamminarronnkonnbronntonner-
ronntuonnthunntrovarrhounawnskawntoohoohoordenenthur-
nuk! from bigmister (Jim) Fingleton (Wild)
If anything, the main reason, as with the torture memos, the people in the CIA responsible for the murder of innocent lives, know that should they be forced to release the “legal” memorandum, a wave of raucous, gut splitting laughter would erupt across the planet, as anyone with one neuron between their ears knows these CIA scumbags have committed war crimes against humanity. As for the rest of the documents…well, that would be the icing on the hanging cake. Same goes for the rest of the torture report.
Unfortunately, no one will be held to account, until, such time as this nation is shamed or forced into facing the fact that there are people in the US government who are goddamned, murdering war criminals.
At this point don’t expect much from ACLU, seem to always drop the ball.
If anything case will be buried in FISA.
Bullshit. The ACLU doesn’t “drop the ball”. Judges who acquiesce to their criminal employer and 500+ cowards in Congress do. A simple message from the NSA is all it takes. In my universe, the existing statutes, executive orders, international law, and a climate of respect for human life and the law trumps the executive prerogative of maintaining a kill list. As for FISA.. they essentially have thumbed their nose at the world and the Church Committee.
Interesting that you should mention the ACLU and the Church Committee in the same paragraph. The ACLU was strangely silent about Cointelpro. If Stalked562 is a target of Cointelpro2 (today’s version of the old program), s/he knows that history is repeating itself.
At $0.00 taxpayer expense, the ACLU is doing the job of taxpayer funded investigators, IGs, judges and justices who are paid to be watchdogs. The ACLU is protecting your children and future generations at no cost to taxpayers.
Maybe if the official government watchdogs would do their jobs, the ACLU wouldn’t have to fill that vacuum and could spend their limited funding on other issues.
That they even exist and have to work so tirelessly at trying to resolve these horrific injustices shows it is you, the American people and your democratic systems, that have “dropped the ball”, the ACLU have picked it up on your behalf, fool. Just lazy talk from a quitter.