A quick take
on the documents coming out of DoJ on drone strikes against American citizens.
Before I jump in I want to say that if a US citizen resides overseas and takes up arms against the US , I am generally supportive of
using military and intelligence capabilities to thwart them. Sometime this included killing them. This is particularly true when the President's war powers have
been articulated by the Congress.
However, I
think that a larger set of self-inflicted problems dog the
Administration on this issue, and they related to policy more than law.
First, an over reliance on drones along with a winnowing of alternative
capacities has left the Administration without options. In
the absence of Guantanamo and
military tribunals, or overt, cooperative operations, the US finds
itself in a position where it must justify almost any kind of drone strike or
else be left without recourse against known terrorist targets. Signature
strikes are a case and point. Highly flexible policies and legal justifications for covert means become necessary in
the absence of alternative courses of action.
Second,
clandestine operations do not solve strategic problems, they only provide
political space, time and (in some instances) more intelligence on a particular
issue. However, in the parlance of this Administration, covert actions are rarely 'game changers'. Overt forms of power and influence must supplement these
operations to affect strategic outcomes. But without a CT policy
in place, or a drone policy that recognizes these inherent shortcomings, the
Administration finds itself in a small box.
Notes:
Hank
Crumpton's book The Art of Intelligence articulates this last point very persuasively.
Here's a
good take from selected wisdom on the drone 'white paper' from
DoJ. http://selectedwisdom.com/?p=965
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