Jameel Jaffer and Brett Max Kaufman write: When Barack Obama took office as the reluctant heir to George W. Bush’s “war on terror,” he renounced some of his predecessor’s most extreme policies. There is one Bush-era policy, though, that President Obama made emphatically his own: the summary killing of suspected militants and terrorists, usually by drone.
In less than a year, the president will bequeath this policy, and the sweeping legal claims that underlie it, to someone who may see the world very differently from him. Before that happens, he should bring the drone campaign out of the shadows and do what he can to constrain the power he unleashed.
President Bush started the drone wars, but Mr. Obama vastly expanded them. Almost entirely on his watch, United States strikes have killed as many as 5,000 people, possibly 1,000 of them civilians. The president approved strikes in places far from combat zones. He authorized the C.I.A. to carry out “signature strikes” aimed at people whose identities the agency did not know but whose activities supposedly suggested militancy. He approved the deliberate killing of an American, Anwar al-Awlaki.
The president also oversaw an aggressive effort to control the public narrative about drone strikes. Even as senior officials selectively disclosed information to the news media, his administration resisted Freedom of Information Act lawsuits, arguing that national security would be harmed if the government confirmed drone strikes were taking place. [Continue reading…]