Following Attorney General Eric Holder’s speech at Northwestern, publications including the New York Times, the Washington Post, and the Los Angeles Timesresponded with renewed demands for the release of the Department of Justice memorandum (or “OLC Memo”), written by Martin Lederman and David Barron, that provides the legal framework for targeted killings. The Obama Administration came to power promising to end secret Justice Department memos like the ones that approved torture and warrantless surveillance. It also published most of the controversial Bush-era memos, which makes it look particularly disingenuous when withholding its own controversial legal opinions.
Why is it doing so? When pressed, government figures cite the same reason, always off-the-record: drone operations on and over Yemeni territory depend to some degree on the approval of Yemen’s dictator, who has insisted that they be kept secret. Indeed, according to an understanding the United States has reached with Yemen, the latter’s government will generally claim internally that U.S. drone strikes were carried out by Yemen’s own air force.
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