Obama must reveal legal memos on his administration's drone killing program | Kade Crockford

Brennan's confirmation hearing as CIA director was a crucial test of the Senate's exercise of oversight. It failed; now it's up to us

The American public still does not know how the Obama administration legally justifies its vast killing program. But thanks to years of quietly accumulating political pressure, mounting criticism from important US allies, and a very public airing of widely-held concerns last night, that may soon change.

Europe raises the red flag on the so-called targeted killing program

The United States has reportedly killed 4,700 people in "war on terror" operations outside of declared war zones. On Wednesday, the European Parliament heard a special briefing on the US kill programs from the ACLU's Hina Shamsi and the UN's special rapporteur on counterterrorism and human rights, Ben Emmerson. Following the briefing, the parliamentarians issued a statement calling into question the legality (and morality) of US strikes. The United States cannot hide its legal justification for these operations from the world any longer, they wrote:

"We are deeply concerned about the legal basis, as well as the moral, ethical and human rights implications of the United States' targeted killing programme that authorises the CIA and the military to hunt and kill individuals who have suspected links to terrorism anywhere in the world.

"Despite having abandoned the 'war on terror' rhetoric, the US sticks to the notion that it is in the realm of a war, and not organised criminality, when fighting terrorism. It has a destabilising effect on the international legal framework …

"There are a growing number of reports demonstrating that hundreds of civilians are being killed in the framework of the targeted killing program. This is being done without any transparency in justification of a 'wartime' policy. We urge our American allies to address the pressing questions over the legal criteria at the basis of a policy that, in targeting so-called militants, destroys both innocent human beings and our common legal heritage." [My emphasis]

The members announced that the European Parliament will hold hearings next month to look further into the US program. Amid such fierce criticisms from key US allies, one has to wonder what the Obama administration is hiding in the legal memos justifying its killing operations. If everything the US is doing is truly above board and complies with international and domestic law, why don't officials release the memos?

What does the president have to hide?

Senator Paul forces the transparency question

While our European allies call for greater transparency and a realignment of the United States' foreign operations to conform with international legal standards, one specific question relating to the killer-drone program appears to have struck a chord with the American public: can the president of the United States authorize the use of lethal force on US soil?

Republican senator for Kentucky, Rand Paul, wants a straightforward answer to this simple question. The Obama administration will not provide one. In a letter dated 20 February 2013 (pdf), the third of its kind, Paul asked soon-to-be CIA Director John Brennan:

"Do you believe that the president has the power to authorize lethal force, such as a drone strike, against a US citizen on US soil, and without trial?"

The senator declared, "I believe the only acceptable answer to this is no," before stressing that if