Book Reviews | Gordon Campbell | News Flashes | Scoop Features | Scoop Video | Strange & Bizarre | Search


So That's Why They Kept the Drone Kill Memo Secret

So That's Why They Kept the Drone Kill Memo Secret

by David Swanson
June 23, 2014

Now that the U.S. government has released parts of its We-Can-Kill-People-With-Drones memo, it's hard to miss why it was kept secret until now.

Liberal professors and human rights groups and the United Nations were claiming an inability to know whether drone murders were legal or not because they hadn't seen the memo that the White House said legalized them. Some may continue to claim that the redactions in the memo make judgment impossible.

I expect most, however, will now be willing to drop the pretense that ANY memo could possibly legalize murder.

Oh, and yall can stop telling me not to use the impolite term "murder" to describe the, you know, murders -- since "murder" is precisely the term used by the no-longer secret memo.

The memo considers a section of the U.S. code dealing with the murder of a U.S. citizen by another U.S. citizen abroad, drawing on another section that defines murder as "the unlawful killing of a human being with malice aforethought."

David Barron, the memo's author, needed a loophole to make murder-by-missile a lawful killing rather than an unlawful killing, so he pulls out the "public authority justification" under which the government gets to use force to enforce a law. It's a novel twist, though, for the government to get to use force to violate the law, claiming the violation is legal on the Nixonian basis that it is the government doing it.

Alternatively, Barron suggests, a government gets to use force if doing so is part of a war. This, of course, ignores the U.N. Charter and the Kellogg Briand Pact and the illegality of wars, as well as the novelty of claiming that a war exists everywhere on earth forever and ever. (None of Barron's arguments justify governmental murder on U.S. soil any less than off U.S. soil.)

In essence, Barron seems to argue, the people who wrote the laws were thinking about private citizens and terrorists, not the government (which, somehow, cannot be a terrorist), and therefore it's OK for the government to violate the laws.

Then there's the problem of Congressional authorization of war, or lack thereof, which Barron gets around by pretending that the Authorization for the Use of Military Force was as broad as the White House pretends rather than worded to allow targeting only those responsible for the 911 attacks.

Then there are the facts of the matter in the case of Anwar al Awlaki, who was targeted for murder prior in time to the actions that President Obama has claimed justified that targeting.

Then there are the facts in the other cases of U.S. killings of U.S. citizens, which aren't even redacted, as they're never considered.

Then there are the vastly more numerous killings of non-U.S. citizens, which the memo does not even attempt to excuse.

In the end, the memo admits that calling something a war isn't good enough; the targeted victim has to have been an imminent threat to the United States. But who gets to decide whether he or she was that? Why, whoever does the killing of course. And what happens if nobody ever even makes an unsupported assertion to that effect? Nothing, of course.

This is not the rule of law. This is savage brute force in minimal disguise. I don't want to see any more of these memos. I want to see the video footage of the drone murders on a television. I want to see law professors and revolving-door State Department / human rights group hacks argue that dead children fall under the public authority justification.


David Swanson wants you to declare peace at His new book is War No More: The Case for Abolition. He blogs at and and works for He hosts Talk Nation Radio. Follow him on Twitter: @davidcnswanson and Facebook.

© Scoop Media

Top Scoops Headlines


Werewolf: In A New York Groove

Right now, there’s a thing about downtown Manhattan in the 1970s and ‘80s, a lot of talk about an era that still resonates powerfully. Plenty of people in this city, still walking around and breathing in and out, were very involved in the world below 14th Street. More>>


Keith Ng On Public Address: Why The Police And The PM Are Wrong About Rawshark

On 2 October 2014, the Police raided Nicky Hager’s home... During the search, they found a piece of paper... “We considered [the document] was of interest to the investigation because of information we had already obtained”. That piece of paper was seized and designated NH025... More>>


Gordon Campbell: On Being Accountable, And Holding The Powerful To Account

Don’t know how you feel about it, but the selective unavailability of Ministers and senior public servants to media scrutiny seems to be a growing concern... Yet often and tellingly, they’re not so beyond-radio-contact that they can’t find time to authorise and email a statement unilaterally stating their position. Which indicates that it is the questioning of the party line that they’re choosing to avoid. More>>


Gordon Campbell: On Islam And The Paris Attacks

Presidential contender Ben Carson for instance, wants it to be made illegal for a Muslim to be elected as President of the USA. For the Republican Party at least, freedom of religion in America extends only to tolerating many ways of accepting Jesus Christ as your personal saviour. In reality of course, treating Islamic State as the essence of Islam makes about as much sense as treating the Ku Klux Klan as the essence of Christianity... More>>


Get More From Scoop

Top Scoops
Search Scoop  
Powered by Vodafone
NZ independent news