Intelligence agencies have been established to defend nations for centuries, using subterfuge and espionage to gain information to advance foreign policy; however, in recent years, with the rise of drone technology, the world could soon see a shift where these intelligence agencies turn their gaze to their own people with secret courts, eavesdropping warrants, and knowledge staying in the hands of the powerful. In a report where President Obama released classified documents, information of plans for a secret court were released where Obama would use the process of a secret court to determine whether or not someone was a terrorist. If they were, this secret court would have the executive authority to launch a lethal drone strike on any American citizen. The current trend in our country’s government is one where technology gains power at a faster rate than government can pass legislation to regulate it, leading to misuse of government power for private interests. One can see the clear record of abuse of authority in the targeted killings of civilians without due process, meaning the right to trial with a jury of one’s peers, using drone technology. This abuse of power that stems from ignorance of the true scope of technological capabilities, and must be solved swiftly with ethical legislation. (“Drones”)
Examples of misuse of executive power are numerous, but for brevity’s sake, Anwar Al-Aulaqi will be the best references to this abuse of power. In the month of September, 2011, the Central Intelligence Agency carried out a lethal Predator drone strike against Anwar for being suspected of being an Al-Qaeda leader while Anwar was in Yemen. Anwar’s father, Nasser, responded to the strike by filing suit against the Federal Government and requested an injunction against the drone strike used against his son. The eventual ruling of the court was that the executive branch, as commander in chief, possesses a responsibility to defend the country with force that is outside the realm of any court’s jurisdiction as it would in a state of war, giving the president free-reign with an entire army of drones. While this court involved in this case rejected the notion that the executive branch would use lethal force without cause, it did recognize that the unchecked ability of the president to carry out lethal drone strikes creates an unnerving reality; however, on March 22, 2013, Obama lied about this outcome by claiming that due process was used in the drone strike against Aulaqi, when no evidence was ever presented by the federal government. (Mckevley)
The outcome of this court case created judicial impasse between the targeted killings performed by the CIA and the right to due process. The AUMF, which was passed in response to 9/11, extends the boundaries of the President’s authority to dictatorial strength, while still remaining somewhat constitutional under the President’s Article II military power. With this new military power, Obama plans to establish a secret court as proposed by Californian Democratic Senator, Dianne Feinstein. This court, in the context of targeted killing, and with officials appointed by Obama, could then decide whether or not the President possesses the right to target and kill an American citizen. Although plans for this secret court define Imminence of danger as the legal standard, repeated ethical infractions on both the President’s and the CIA’s behalf show malicious and private interests are at work. Definitions and legal terminology are used to provide a shadow for government abuse of power, classifying any abuse of power as part of the error rate, and this error rate is egregiously high. With 20% of all drone strikes ending in civilian casualties, one should meet drone technology and the authority to use such technology with care instead of figuratively calling the death of an innocent man or woman an error. (Mckevley)
The best solution to this abuse of power is to stop the production of a secret court and simply hand the decision over to the government group known as FISA, established during the Nixonian period to monitor wiretapping. FISA has been show to be capable of handling the volume of warrants and maintaining the standard legal calibre of integrity when deciding on issues of counterintelligence. FISA can be used with it’s own courts to give citizens due process before any government agency attempts to eliminate them with a drone strike (Mckelvey).
America is a diverse country with several races, cultures, ethnicities, and religions. This melting pot can foster a variety of different beliefs, all of which may one day be subject to trial without jury, and death without due process unless Americans unite to properly legislate this power. Power must be taken from the hands of the few by the hands of the many if we ever wish to retain our rights which do not come from simple legislation, but from something greater than any government institution.
Works Cited
"Drones Follow-Up: Obama Administration Releases Classified Drone Policy Memos." Issues
& Controversies. Facts On File News Services, 20 June 2013. Web. 27 Mar. 2014.
.
McKelvey, Benjamin. "Due process rights and the targeted killing of suspected terrorists: the
unconstitutional scope of executive killing power."Vanderbilt Journal of Transnational
Law Nov. 2011: 1353+. Academic OneFile. Web. 27 Mar. 2014.