Amidst the hold up of President Barack Obama's nominee for Director of the CIA, John Brennan, in Congress, opposition Republicans are inquiring about the possibility of armed drones flying in American skies. This might seem like an Orwellian inquiry directed towards the Ministry of Peace, but the notion is not that distant from reality. An American, Anwar Al-Aulaqi, has already been killed by an armed CIA drone in Yemen. Also, UAV's have been authorized to fly over U.S. airspace. Currently, there have been zero missions involving armed CIA drones in the U.S. Regardless, here are the points needing to be addressed.
The Sanctioned Killing of an American Citizen:
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| Anwar Al-Aulaqi in Yemen (2008) |
Anwar Al-Aulaqi was born in Las Cruces, New Mexico in 1971. He was an American citizen from birthright, but did adopt Yemeni citizenship, becoming a dual citizen. He sought to bring destruction and terror to American soil via his involvement with Al-Qaeda in the Arab Peninsula (AQAP). He eventually became Al-Qaeda's recruiter, having proven contact with Fort Hood shooter Major Nidal Hasan and the underwear bomber Umar Farouk Abdulmutallab [Link Here]. The Obama administration has authorized the killings of numerous foreign terrorists, but this case specifically deals with an American citizen. The uproar surrounding this has not been in defense of Anwar Al-Aulaqi, but rather concern that a U.S. President, with just a quick signature, can authorize the summary execution of an American once they leave U.S. borders. This notion is entirely false.
Upon learning about the addition of Anwar Al-Aulaqi to CIA and JSOC kill lists without "charge, trial, or conviction," his father, Nasser Al-Aulaqi sued Barack Obama, in his official capacity as President of the United States; Robert Gates, in his official capacity as Secretary of Defense; and Leon Panetta, in his official capacity as Director of the Central Intelligence Agency. In effect, Nasser Al-Aulaqi's filing of this suit expedited the process by which an American may be targeted. The U.S. District Court for the District of Columbia ultimately dismissed the charges, but the ruling to dismiss included a lengthy justification. On 30 September 2011, Anwar Al-Aulaqi was killed in Yemen by Hellfire missile fired by an Armed Reaper Drone. Interestingly, in Islam, 'Hellfire' is known as 'Jahannam' - a visceral image of hell - which Anwar Al-Aulaqi alluded to when making theological appeals for supporting Al-Qaeda. [Here is the full text for the court case]
The Drones in U.S. Airspace:
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| U.S. Customs and Border Protection Drone |
This topic has two separate aspects. The FAA allows private citizens are allowed to fly small unmanned drones in certain conditions. This policy has precipitated such recent events as a pilot of an Alitalia flight reporting the sighting of a drone in dangerous proximity to New York's JFK airport [Link Here]. The small 4 rotor craft was not a government drone. On a technical note, while UAV does stand for Unmanned Aerial Vehicle, the U.S. Government refers to its aircraft as Unmanned Aircraft Systems (UAS) or Remotely Piloted Aircraft (RPA).
As for military grade drones like the MQ-1B Predator, MQ-9 Reaper, and the RQ-4 Global Hawk, the policy is quite different. U.S. Customs and Border Protection, an agency under the Department of Homeland Security, regularly uses 9 unarmed Predator drones for reconnaissance purposes along America's borders [Link Here]. The ethical questions enters the frame due to the lack of an active, hands on pilot, opting instead for a remote controller. Essentially, this is no different from conventional patrol aircraft, like helicopters - save for the fact that agents in conventional aircraft are generally armed.
Recent Developments:
Senator Rand Paul contacted both John Brennan, currently the 'Assistant to the President for Homeland Security and Counterterrorism' as well as aforementioned nominee for director of the CIA, and Attorney General Eric Holder to inquire about "the President ha[ving] the power to authorize lethal force, such as drone strikes, against a U.S. citizen on U.S. citizen on U.S. soil, and without trial." Senator Paul published both of the responses he received. An analysis of the documents have yielded important insight into the domestic drone program. John Brennan referred Senator Paul's question regarding the President's power to the Department of Justice.
Recent Developments:
Senator Rand Paul contacted both John Brennan, currently the 'Assistant to the President for Homeland Security and Counterterrorism' as well as aforementioned nominee for director of the CIA, and Attorney General Eric Holder to inquire about "the President ha[ving] the power to authorize lethal force, such as drone strikes, against a U.S. citizen on U.S. citizen on U.S. soil, and without trial." Senator Paul published both of the responses he received. An analysis of the documents have yielded important insight into the domestic drone program. John Brennan referred Senator Paul's question regarding the President's power to the Department of Justice.
