Secret ‘Kill List’ Proves a Test of Obama’s Principles and Will
Pete Souza/The White House
By JO BECKER and SCOTT SHANE
Published: May 29, 2012 1208 Comments
WASHINGTON — This was the enemy, served up in the latest chart from the
intelligence agencies: 15 Qaeda suspects in Yemen with Western ties. The
mug shots and brief biographies resembled a high school yearbook
layout. Several were Americans. Two were teenagers, including a girl who
looked even younger than her 17 years.
A Measure of Change
The Shadow War
This is the third article in a series assessing President Obama’s record.
Multimedia
Assessing Obama’s Counterterrorism Record
Excerpts of remarks from some of nearly 40 current
and former officials who had direct knowledge about the United States’
classified counterterrorism efforts.
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Top U.S. Security Official Says ‘Rigorous Standards’ Are Used for Drone Strikes (May 1, 2012)
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Assessing Obama’s Counterterrorism Record (May 29, 2012)
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U.S. Relaxes Limits on Use of Data in Terror Analysis (March 23, 2012)
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U.S. Law May Allow Killings, Holder Says (March 6, 2012)
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Secret U.S. Memo Made Legal Case to Kill a Citizen (October 9, 2011)
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C.I.A. Steps Up Drone Attacks on Taliban in Pakistan (September 28, 2010)
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Drones Batter Al Qaeda and Its Allies Within Pakistan (April 5, 2010)
Readers’ Comments
"Would it be o.k. for this hit list to exist if it prevented you and your immediate loved ones from a certain terrorist attack?"K. Yates, CT
President Obama,
overseeing the regular Tuesday counterterrorism meeting of two dozen
security officials in the White House Situation Room, took a moment to
study the faces. It was Jan. 19, 2010, the end of a first year in office
punctuated by terrorist plots and culminating in a brush with
catastrophe over Detroit on Christmas Day, a reminder that a successful
attack could derail his presidency. Yet he faced adversaries without
uniforms, often indistinguishable from the civilians around them.
“How old are these people?” he asked, according to two officials present. “If they are starting to use children,” he said of Al Qaeda, “we are moving into a whole different phase.”
It was not a theoretical question: Mr. Obama has placed himself at the
helm of a top secret “nominations” process to designate terrorists for
kill or capture, of which the capture part has become largely
theoretical. He had vowed to align the fight against Al Qaeda with
American values; the chart, introducing people whose deaths he might
soon be asked to order, underscored just what a moral and legal
conundrum this could be.
Mr. Obama is the liberal law professor who campaigned against the Iraq
war and torture, and then insisted on approving every new name on an
expanding “kill list,” poring over terrorist suspects’ biographies on
what one official calls the macabre “baseball cards” of an
unconventional war. When a rare opportunity for a drone
strike at a top terrorist arises — but his family is with him — it is
the president who has reserved to himself the final moral calculation.
“He is determined that he will make these decisions about how far and
wide these operations will go,” said Thomas E. Donilon, his national
security adviser. “His view is that he’s responsible for the position of
the United States in the world.” He added, “He’s determined to keep the
tether pretty short.”
Nothing else in Mr. Obama’s first term has baffled liberal supporters
and confounded conservative critics alike as his aggressive
counterterrorism record. His actions have often remained inscrutable,
obscured by awkward secrecy rules, polarized political commentary and
the president’s own deep reserve.
In interviews with The New York Times, three dozen of his current and
former advisers described Mr. Obama’s evolution since taking on the
role, without precedent in presidential history, of personally
overseeing the shadow war with Al Qaeda.
They describe a paradoxical leader who shunned the legislative
deal-making required to close the detention facility at Guantánamo Bay
in Cuba, but approves lethal action without hand-wringing. While he was
adamant about narrowing the fight and improving relations with the
Muslim world, he has followed the metastasizing enemy into new and
dangerous lands. When he applies his lawyering skills to
counterterrorism, it is usually to enable, not constrain, his ferocious
campaign against Al Qaeda — even when it comes to killing an American
cleric in Yemen, a decision that Mr. Obama told colleagues was “an easy
one.”
His first term has seen private warnings from top officials about a
“Whac-A-Mole” approach to counterterrorism; the invention of a new
category of aerial attack following complaints of careless targeting;
and presidential acquiescence in a formula for counting civilian deaths
that some officials think is skewed to produce low numbers.
The administration’s failure to forge a clear detention policy has
created the impression among some members of Congress of a
take-no-prisoners policy. And Mr. Obama’s ambassador to Pakistan,
Cameron P. Munter, has complained to colleagues that the C.I.A.’s strikes drive American policy there, saying “he didn’t realize his main job was to kill people,” a colleague said.
Beside the president at every step is his counterterrorism adviser, John
O. Brennan, who is variously compared by colleagues to a dogged police
detective, tracking terrorists from his cavelike office in the White
House basement, or a priest whose blessing has become indispensable to
Mr. Obama, echoing the president’s attempt to apply the “just war”
theories of Christian philosophers to a brutal modern conflict.
But the strikes that have eviscerated Al Qaeda — just since April, there
have been 14 in Yemen, and 6 in Pakistan — have also tested both men’s
commitment to the principles they have repeatedly said are necessary to
defeat the enemy in the long term. Drones have replaced Guantánamo as
the recruiting tool of choice for militants; in his 2010 guilty plea,
Faisal Shahzad, who had tried to set off a car bomb in Times Square,
justified targeting civilians by telling the judge, “When the drones
hit, they don’t see children.”
Dennis C. Blair, director of national intelligence until he was fired in May 2010,
said that discussions inside the White House of long-term strategy
against Al Qaeda were sidelined by the intense focus on strikes. “The
steady refrain in the White House was, ‘This is the only game in town’ —
reminded me of body counts in Vietnam,” said Mr. Blair, a retired
admiral who began his Navy service during that war.
Mr. Blair’s criticism, dismissed by White House officials as personal
pique, nonetheless resonates inside the government.
William M. Daley, Mr. Obama’s chief of staff in 2011, said the president
and his advisers understood that they could not keep adding new names
to a kill list, from ever lower on the Qaeda totem pole. What remains
unanswered is how much killing will be enough.
“One guy gets knocked off, and the guy’s driver, who’s No. 21, becomes
20?” Mr. Daley said, describing the internal discussion. “At what point
are you just filling the bucket with numbers?”
‘Maintain My Options’
A phalanx of retired generals and admirals stood behind Mr. Obama on the
second day of his presidency, providing martial cover as he signed
several executive orders to make good on campaign pledges. Brutal interrogation techniques were banned, he declared. And the prison at Guantánamo Bay would be closed.
What the new president did not say was that the orders contained a few subtle loopholes. They reflected a still unfamiliar Barack Obama,
a realist who, unlike some of his fervent supporters, was never carried
away by his own rhetoric. Instead, he was already putting his lawyerly
mind to carving out the maximum amount of maneuvering room to fight
terrorism as he saw fit.
It was a pattern that would be seen repeatedly, from his response to
Republican complaints that he wanted to read terrorists their rights, to
his acceptance of the C.I.A.’s method for counting civilian casualties
in drone strikes.
The day before the executive orders were issued, the C.I.A.’s top
lawyer, John A. Rizzo, had called the White House in a panic. The order
prohibited the agency from operating detention facilities, closing once
and for all the secret overseas “black sites” where interrogators had
brutalized terrorist suspects.
“The way this is written, you are going to take us out of the rendition
business,” Mr. Rizzo told Gregory B. Craig, Mr. Obama’s White House
counsel, referring to the much-criticized practice of grabbing a
terrorist suspect abroad and delivering him to another country for
interrogation or trial. The problem, Mr. Rizzo explained, was that the
C.I.A. sometimes held such suspects for a day or two while awaiting a
flight. The order appeared to outlaw that.
Mr. Craig assured him that the new president had no intention of ending
rendition — only its abuse, which could lead to American complicity in
torture abroad. So a new definition of “detention facility” was
inserted, excluding places used to hold people “on a short-term,
transitory basis.” Problem solved — and no messy public explanation
damped Mr. Obama’s celebration.
“Pragmatism over ideology,” his campaign national security team had
advised in a memo in March 2008. It was counsel that only reinforced the
president’s instincts.
Even before he was sworn in, Mr. Obama’s advisers had warned him against
taking a categorical position on what would be done with Guantánamo
detainees. The deft insertion of some wiggle words in the president’s
order showed that the advice was followed.
Some detainees would be transferred to prisons in other countries, or
released, it said. Some would be prosecuted — if “feasible” — in
criminal courts. Military commissions, which Mr. Obama had criticized, were not mentioned — and thus not ruled out.
As for those who could not be transferred or tried but were judged too
dangerous for release? Their “disposition” would be handled by “lawful
means, consistent with the national security and foreign policy
interests of the United States and the interests of justice.”
A few sharp-eyed observers inside and outside the government understood
what the public did not. Without showing his hand, Mr. Obama had
preserved three major policies — rendition, military commissions and
indefinite detention — that have been targets of human rights groups
since the 2001 terrorist attacks.
But a year later, with Congress trying to force him to try all terrorism
suspects using revamped military commissions, he deployed his legal
skills differently — to preserve trials in civilian courts.
It was shortly after Dec. 25, 2009, following a close call in which a
Qaeda-trained operative named Umar Farouk Abdulmutallab had boarded a Detroit-bound airliner with a bomb sewn into his underwear.
Mr. Obama was taking a drubbing from Republicans over the government’s
decision to read the suspect his rights, a prerequisite for bringing
criminal charges against him in civilian court.
The president “seems to think that if he gives terrorists the rights of
Americans, lets them lawyer up and reads them their Miranda rights, we
won’t be at war,” former Vice President Dick Cheney charged.
Sensing vulnerability on both a practical and political level, the
president summoned his attorney general, Eric H. Holder Jr., to the
White House.
F.B.I. agents had questioned Mr. Abdulmutallab for 50 minutes and gained
valuable intelligence before giving him the warning. They had relied on
a 1984 case called New York v. Quarles, in which the Supreme Court
ruled that statements made by a suspect in response to urgent public
safety questions — the case involved the location of a gun — could be
introduced into evidence even if the suspect had not been advised of the
right to remain silent.
Mr. Obama, who Mr. Holder said misses the legal profession, got into a
colloquy with the attorney general. How far, he asked, could Quarles be
stretched? Mr. Holder felt that in terrorism cases, the court would
allow indefinite questioning on a fairly broad range of subjects.
Satisfied with the edgy new interpretation, Mr. Obama gave his blessing, Mr. Holder recalled.
“Barack Obama believes in options: ‘Maintain my options,’ “ said Jeh C.
Johnson, a campaign adviser and now general counsel of the Defense
Department.
‘They Must All Be Militants’
That same mind-set would be brought to bear as the president intensified
what would become a withering campaign to use unmanned aircraft to kill
Qaeda terrorists.
Just days after taking office, the president got word that the first
strike under his administration had killed a number of innocent
Pakistanis. “The president was very sharp on the thing, and said, ‘I
want to know how this happened,’ “ a top White House adviser recounted.
In response to his concern, the C.I.A. downsized its munitions for more
pinpoint strikes. In addition, the president tightened standards, aides
say: If the agency did not have a “near certainty” that a strike would
result in zero civilian deaths, Mr. Obama wanted to decide personally
whether to go ahead.
The president’s directive reinforced the need for caution,
counterterrorism officials said, but did not significantly change the
program. In part, that is because “the protection of innocent life was
always a critical consideration,” said Michael V. Hayden, the last
C.I.A. director under President George W. Bush.
It is also because Mr. Obama embraced a disputed method for counting
civilian casualties that did little to box him in. It in effect counts
all military-age males in a strike zone as combatants, according to
several administration officials, unless there is explicit intelligence
posthumously proving them innocent.
Counterterrorism officials insist this approach is one of simple logic:
people in an area of known terrorist activity, or found with a top Qaeda
operative, are probably up to no good. “Al Qaeda is an insular,
paranoid organization — innocent neighbors don’t hitchhike rides in the
back of trucks headed for the border with guns and bombs,” said one
official, who requested anonymity to speak about what is still a
classified program.
This counting method may partly explain the official claims of
extraordinarily low collateral deaths. In a speech last year Mr.
Brennan, Mr. Obama’s trusted adviser, said that not a single
noncombatant had been killed in a year of strikes. And in a recent
interview, a senior administration official said that the number of
civilians killed in drone strikes in Pakistan under Mr. Obama was in the
“single digits” — and that independent counts of scores or hundreds of
civilian deaths unwittingly draw on false propaganda claims by
militants.
But in interviews, three former senior intelligence officials expressed
disbelief that the number could be so low. The C.I.A. accounting has so
troubled some administration officials outside the agency that they have
brought their concerns to the White House. One called it “guilt by
association” that has led to “deceptive” estimates of civilian
casualties.
“It bothers me when they say there were seven guys, so they must all be
militants,” the official said. “They count the corpses and they’re not
really sure who they are.”
‘A No-Brainer’
About four months into his presidency, as Republicans accused him of
reckless naïveté on terrorism, Mr. Obama quickly pulled together a speech defending his policies.
Standing before the Constitution at the National Archives in
Washington, he mentioned Guantánamo 28 times, repeating his campaign
pledge to close the prison.
But it was too late, and his defensive tone suggested that Mr. Obama
knew it. Though President George W. Bush and Senator John McCain, the
2008 Republican candidate, had supported closing the Guantánamo prison,
Republicans in Congress had reversed course and discovered they could
use the issue to portray Mr. Obama as soft on terrorism.
Walking out of the Archives, the president turned to his national
security adviser at the time, Gen. James L. Jones, and admitted that he
had never devised a plan to persuade Congress to shut down the prison.
“We’re never going to make that mistake again,” Mr. Obama told the retired Marine general.
General Jones said the president and his aides had assumed that closing
the prison was “a no-brainer — the United States will look good around
the world.” The trouble was, he added, “nobody asked, ‘O.K., let’s
assume it’s a good idea, how are you going to do this?’ “
It was not only Mr. Obama’s distaste for legislative backslapping and
arm-twisting, but also part of a deeper pattern, said an administration
official who has watched him closely: the president seemed to have “a
sense that if he sketches a vision, it will happen — without his really
having thought through the mechanism by which it will happen.”
In fact, both Secretary of State Hillary Rodham Clinton and the attorney
general, Mr. Holder, had warned that the plan to close the Guantánamo
prison was in peril, and they volunteered to fight for it on Capitol
Hill, according to officials. But with Mr. Obama’s backing, his chief of
staff, Rahm Emanuel, blocked them, saying health care reform had to go first.
When the administration floated a plan to transfer from Guantánamo to Northern Virginia two Uighurs,
members of a largely Muslim ethnic minority from China who are
considered no threat to the United States, Virginia Republicans led by
Representative Frank R. Wolf denounced the idea. The administration
backed down.
That show of weakness doomed the effort to close Guantánamo, the same
administration official said. “Lyndon Johnson would have steamrolled the
guy,” he said. “That’s not what happened. It’s like a boxing match
where a cut opens over a guy’s eye.”
The Use of Force
It is the strangest of bureaucratic rituals: Every week or so, more than
100 members of the government’s sprawling national security apparatus
gather, by secure video teleconference, to pore over terrorist suspects’
biographies and recommend to the president who should be the next to
die.
This secret “nominations” process is an invention of the Obama
administration, a grim debating society that vets the PowerPoint slides
bearing the names, aliases and life stories of suspected members of Al
Qaeda’s branch in Yemen or its allies in Somalia’s Shabab militia.
The video conferences are run by the Pentagon, which oversees strikes in
those countries, and participants do not hesitate to call out a
challenge, pressing for the evidence behind accusations of ties to Al
Qaeda.
“What’s a Qaeda facilitator?” asked one participant, illustrating the
spirit of the exchanges. “If I open a gate and you drive through it, am I
a facilitator?” Given the contentious discussions, it can take five or
six sessions for a name to be approved, and names go off the list if a
suspect no longer appears to pose an imminent threat, the official said.
A parallel, more cloistered selection process at the C.I.A. focuses
largely on Pakistan, where that agency conducts strikes.
The nominations go to the White House, where by his own insistence and
guided by Mr. Brennan, Mr. Obama must approve any name. He signs off on
every strike in Yemen and Somalia and also on the more complex and risky
strikes in Pakistan — about a third of the total.
Aides say Mr. Obama has several reasons for becoming so immersed in
lethal counterterrorism operations. A student of writings on war by
Augustine and Thomas Aquinas, he believes that he should take moral
responsibility for such actions. And he knows that bad strikes can
tarnish America’s image and derail diplomacy.
“He realizes this isn’t science, this is judgments made off of, most of
the time, human intelligence,” said Mr. Daley, the former chief of
staff. “The president accepts as a fact that a certain amount of
screw-ups are going to happen, and to him, that calls for a more
judicious process.”
But the control he exercises also appears to reflect Mr. Obama’s
striking self-confidence: he believes, according to several people who
have worked closely with him, that his own judgment should be brought to
bear on strikes.
Asked what surprised him most about Mr. Obama, Mr. Donilon, the national
security adviser, answered immediately: “He’s a president who is quite
comfortable with the use of force on behalf of the United States.”
In fact, in a 2007 campaign speech in which he vowed to pull the United
States out of Iraq and refocus on Al Qaeda, Mr. Obama had trumpeted his
plan to go after terrorist bases in Pakistan — even if Pakistani leaders
objected. His rivals at the time, including Mitt Romney, Joseph R.
Biden Jr. and Mrs. Clinton, had all pounced on what they considered a
greenhorn’s campaign bluster. (Mr. Romney said Mr. Obama had become “Dr. Strangelove.”)
In office, however, Mr. Obama has done exactly what he had promised,
coming quickly to rely on the judgment of Mr. Brennan.
Mr. Brennan, a son of Irish immigrants, is a grizzled 25-year veteran of
the C.I.A. whose work as a top agency official during the brutal
interrogations of the Bush administration made him a target of fierce
criticism from the left. He had been forced, under fire, to withdraw his
name from consideration to lead the C.I.A. under Mr. Obama, becoming
counterterrorism chief instead.
Some critics of the drone strategy still vilify Mr. Brennan, suggesting
that he is the C.I.A.’s agent in the White House, steering Mr. Obama to a
targeted killing strategy. But in office, Mr. Brennan has surprised
many former detractors by speaking forcefully for closing Guantánamo and
respecting civil liberties.
Harold H. Koh, for instance, as dean of Yale Law School was a leading
liberal critic of the Bush administration’s counterterrorism policies.
But since becoming the State Department’s top lawyer, Mr. Koh said, he
has found in Mr. Brennan a principled ally.
“If John Brennan is the last guy in the room with the president, I’m
comfortable, because Brennan is a person of genuine moral rectitude,”
Mr. Koh said. “It’s as though you had a priest with extremely strong
moral values who was suddenly charged with leading a war.”
The president values Mr. Brennan’s experience in assessing intelligence,
from his own agency or others, and for the sobriety with which he
approaches lethal operations, other aides say.
“The purpose of these actions is to mitigate threats to U.S. persons’
lives,” Mr. Brennan said in an interview. “It is the option of last
recourse. So the president, and I think all of us here, don’t like the
fact that people have to die. And so he wants to make sure that we go
through a rigorous checklist: The infeasibility of capture, the
certainty of the intelligence base, the imminence of the threat, all of
these things.”
Yet the administration’s very success at killing terrorism suspects has
been shadowed by a suspicion: that Mr. Obama has avoided the
complications of detention by deciding, in effect, to take no prisoners
alive. While scores of suspects have been killed under Mr. Obama, only
one has been taken into American custody, and the president has balked
at adding new prisoners to Guantánamo.
“Their policy is to take out high-value targets, versus capturing
high-value targets,” said Senator Saxby Chambliss of Georgia, the top
Republican on the intelligence committee. “They are not going to
advertise that, but that’s what they are doing.”
Mr. Obama’s aides deny such a policy, arguing that capture is often
impossible in the rugged tribal areas of Pakistan and Yemen and that
many terrorist suspects are in foreign prisons because of American tips.
Still, senior officials at the Justice Department and the Pentagon
acknowledge that they worry about the public perception.
“We have to be vigilant to avoid a no-quarter, or take-no-prisoners
policy,” said Mr. Johnson, the Pentagon’s chief lawyer.
Trade-Offs
The care that Mr. Obama and his counterterrorism chief take in choosing
targets, and their reliance on a precision weapon, the drone, reflect
his pledge at the outset of his presidency to reject what he called the
Bush administration’s “false choice between our safety and our ideals.”
But he has found that war is a messy business, and his actions show that
pursuing an enemy unbound by rules has required moral, legal and
practical trade-offs that his speeches did not envision.
One early test involved Baitullah Mehsud, the leader of the Pakistani
Taliban. The case was problematic on two fronts, according to interviews
with both administration and Pakistani sources.
The C.I.A. worried that Mr. Mehsud, whose group then mainly targeted the
Pakistan government, did not meet the Obama administration’s criteria
for targeted killing: he was not an imminent threat to the United
States. But Pakistani officials wanted him dead, and the American drone
program rested on their tacit approval. The issue was resolved after the
president and his advisers found that he represented a threat, if not
to the homeland, to American personnel in Pakistan.
Then, in August 2009, the C.I.A. director, Leon E. Panetta, told Mr.
Brennan that the agency had Mr. Mehsud in its sights. But taking out the
Pakistani Taliban leader, Mr. Panetta warned, did not meet Mr. Obama’s
standard of “near certainty” of no innocents being killed. In fact, a
strike would certainly result in such deaths: he was with his wife at
his in-laws’ home.
“Many times,” General Jones said, in similar circumstances, “at the 11th
hour we waved off a mission simply because the target had people around
them and we were able to loiter on station until they didn’t.”
But not this time. Mr. Obama, through Mr. Brennan, told the C.I.A. to
take the shot, and Mr. Mehsud was killed, along with his wife and, by
some reports, other family members as well, said a senior intelligence
official.
The attempted bombing of an airliner
a few months later, on Dec. 25, stiffened the president’s resolve,
aides say. It was the culmination of a series of plots, including the killing of 13 people at Fort Hood, Tex. by an Army psychiatrist who had embraced radical Islam.
Mr. Obama is a good poker player, but he has a tell when he is angry.
His questions become rapid-fire, said his attorney general, Mr. Holder.
“He’ll inject the phrase, ‘I just want to make sure you understand
that.’ “ And it was clear to everyone, Mr. Holder said, that he was
simmering about how a 23-year-old bomber had penetrated billions of
dollars worth of American security measures.
When a few officials tentatively offered a defense, noting that the
attack had failed because the terrorists were forced to rely on a novice
bomber and an untested formula because of stepped-up airport security, Mr. Obama cut them short.
“Well, he could have gotten it right and we’d all be sitting here with
an airplane that blew up and killed over a hundred people,” he said,
according to a participant. He asked them to use the close call to
imagine in detail the consequences if the bomb had detonated. In
characteristic fashion, he went around the room, asking each official to
explain what had gone wrong and what needed to be done about it.
“After that, as president, it seemed like he felt in his gut the threat
to the United States,” said Michael E. Leiter, then director of the
National Counterterrorism Center. “Even John Brennan, someone who was
already a hardened veteran of counterterrorism, tightened the straps on
his rucksack after that.”
David Axelrod, the president’s closest political adviser, began showing
up at the “Terror Tuesday” meetings, his unspeaking presence a visible
reminder of what everyone understood: a successful attack would
overwhelm the president’s other aspirations and achievements.
In the most dramatic possible way, the Fort Hood shootings in November
and the attempted Christmas Day bombing had shown the new danger from
Yemen. Mr. Obama, who had rejected the Bush-era concept of a global war
on terrorism and had promised to narrow the American focus to Al Qaeda’s
core, suddenly found himself directing strikes in another complicated
Muslim country.
The very first strike under his watch in Yemen, on Dec. 17, 2009,
offered a stark example of the difficulties of operating in what General
Jones described as an “embryonic theater that we weren’t really
familiar with.”
It killed not only its intended target, but also two neighboring families, and left behind a trail of cluster bombs
that subsequently killed more innocents. It was hardly the kind of
precise operation that Mr. Obama favored. Videos of children’s bodies
and angry tribesmen holding up American missile parts flooded You Tube,
fueling a ferocious backlash that Yemeni officials said bolstered Al
Qaeda.
The sloppy strike shook Mr. Obama and Mr. Brennan, officials said, and once again they tried to impose some discipline.
In Pakistan, Mr. Obama had approved not only “personality” strikes aimed
at named, high-value terrorists, but “signature” strikes that targeted
training camps and suspicious compounds in areas controlled by
militants.
But some State Department officials have complained to the White House
that the criteria used by the C.I.A. for identifying a terrorist
“signature” were too lax. The joke was that when the C.I.A. sees “three
guys doing jumping jacks,” the agency thinks it is a terrorist training
camp, said one senior official. Men loading a truck with fertilizer
could be bombmakers — but they might also be farmers, skeptics argued.
Now, in the wake of the bad first strike in Yemen, Mr. Obama overruled
military and intelligence commanders who were pushing to use signature
strikes there as well.
“We are not going to war with Yemen,” he admonished in one meeting, according to participants.
His guidance was formalized in a memo by General Jones, who called it a
“governor, if you will, on the throttle,” intended to remind everyone
that “one should not assume that it’s just O.K. to do these things
because we spot a bad guy somewhere in the world.”
Mr. Obama had drawn a line. But within two years, he stepped across it.
Signature strikes in Pakistan were killing a large number of terrorist
suspects, even when C.I.A. analysts were not certain beforehand of their
presence. And in Yemen, roiled by the Arab Spring unrest, the Qaeda
affiliate was seizing territory.
Today, the Defense Department can target suspects in Yemen whose names
they do not know. Officials say the criteria are tighter than those for
signature strikes, requiring evidence of a threat to the United States,
and they have even given them a new name — TADS, for Terrorist Attack
Disruption Strikes. But the details are a closely guarded secret — part
of a pattern for a president who came into office promising
transparency.
The Ultimate Test
On that front, perhaps no case would test Mr. Obama’s principles as
starkly as that of Anwar al-Awlaki, an American-born cleric and Qaeda
propagandist hiding in Yemen, who had recently risen to prominence and
had taunted the president by name in some of his online screeds.
The president “was very interested in obviously trying to understand how
a guy like Awlaki developed,” said General Jones. The cleric’s fiery
sermons had helped inspire a dozen plots, including the shootings at
Fort Hood. Then he had gone “operational,” plotting with Mr. Abdulmutallab and coaching him to ignite his explosives only after the airliner was over the United States.
That record, and Mr. Awlaki’s calls for more attacks, presented Mr.
Obama with an urgent question: Could he order the targeted killing of an
American citizen, in a country with which the United States was not at
war, in secret and without the benefit of a trial?
The Justice Department’s Office of Legal Counsel prepared a lengthy memo
justifying that extraordinary step, asserting that while the Fifth
Amendment’s guarantee of due process applied, it could be satisfied by
internal deliberations in the executive branch.
Mr. Obama gave his approval, and Mr. Awlaki was killed in September 2011,
along with a fellow propagandist, Samir Khan, an American citizen who
was not on the target list but was traveling with him.
If the president had qualms about this momentous step, aides said he did
not share them. Mr. Obama focused instead on the weight of the evidence
showing that the cleric had joined the enemy and was plotting more
terrorist attacks.
“This is an easy one,” Mr. Daley recalled him saying, though the
president warned that in future cases, the evidence might well not be so
clear.
In the wake of Mr. Awlaki’s death, some administration officials,
including the attorney general, argued that the Justice Department’s legal memo
should be made public. In 2009, after all, Mr. Obama had released Bush
administration legal opinions on interrogation over the vociferous
objections of six former C.I.A. directors.
This time, contemplating his own secrets, he chose to keep the Awlaki opinion secret.
“Once it’s your pop stand, you look at things a little differently,”
said Mr. Rizzo, the C.I.A.’s former general counsel.
Mr. Hayden, the former C.I.A. director and now an adviser to Mr. Obama’s
Republican challenger, Mr. Romney, commended the president’s aggressive
counterterrorism record, which he said had a “Nixon to China” quality.
But, he said, “secrecy has its costs” and Mr. Obama should open the
strike strategy up to public scrutiny.
“This program rests on the personal legitimacy of the president, and
that’s not sustainable,” Mr. Hayden said. “I have lived the life of
someone taking action on the basis of secret O.L.C. memos, and it ain’t a
good life. Democracies do not make war on the basis of legal memos
locked in a D.O.J. safe.”
Tactics Over Strategy
In his June 2009 speech in Cairo,
aimed at resetting relations with the Muslim world, Mr. Obama had
spoken eloquently of his childhood years in Indonesia, hearing the call
to prayer “at the break of dawn and the fall of dusk.”
“The United States is not — and never will be — at war with Islam,” he declared.
But in the months that followed, some officials felt the urgency of
counterterrorism strikes was crowding out consideration of a broader
strategy against radicalization. Though Mrs. Clinton strongly supported
the strikes, she complained to colleagues about the drones-only approach
at Situation Room meetings, in which discussion would focus exclusively
on the pros, cons and timing of particular strikes.
At their weekly lunch, Mrs. Clinton told the president she thought there
should be more attention paid to the root causes of radicalization, and
Mr. Obama agreed. But it was September 2011 before he issued an
executive order setting up a sophisticated, interagency war room at the
State Department to counter the jihadi narrative on an hour-by-hour
basis, posting messages and video online and providing talking points to
embassies.
Mr. Obama was heartened, aides say, by a letter discovered in the raid
on Osama bin Laden’s compound in Pakistan. It complained that the
American president had undermined Al Qaeda’s support by repeatedly
declaring that the United States was at war not with Islam, but with the
terrorist network. “We must be doing a good job,” Mr. Obama told his
secretary of state.
Moreover, Mr. Obama’s record has not drawn anything like the sweeping
criticism from allies that his predecessor faced. John B. Bellinger III,
a top national security lawyer under the Bush administration, said that
was because Mr. Obama’s liberal reputation and “softer packaging” have
protected him. “After the global outrage over Guantánamo, it’s
remarkable that the rest of the world has looked the other way while the
Obama administration has conducted hundreds of drone strikes in several
different countries, including killing at least some civilians,” said
Mr. Bellinger, who supports the strikes.
By withdrawing from Iraq and preparing to withdraw from Afghanistan, Mr.
Obama has refocused the fight on Al Qaeda and hugely reduced the death
toll both of American soldiers and Muslim civilians. But in moments of
reflection, Mr. Obama may have reason to wonder about unfinished
business and unintended consequences.
His focus on strikes has made it impossible to forge, for now, the new
relationship with the Muslim world that he had envisioned. Both Pakistan
and Yemen are arguably less stable and more hostile to the United
States than when Mr. Obama became president.
Justly or not, drones have become a provocative symbol of American
power, running roughshod over national sovereignty and killing
innocents. With China and Russia watching, the United States has set an
international precedent for sending drones over borders to kill enemies.
Mr. Blair, the former director of national intelligence, said the strike
campaign was dangerously seductive. “It is the politically advantageous
thing to do — low cost, no U.S. casualties, gives the appearance of
toughness,” he said. “It plays well domestically, and it is unpopular
only in other countries. Any damage it does to the national interest
only shows up over the long term.”
But Mr. Blair’s dissent puts him in a small minority of security
experts. Mr. Obama’s record has eroded the political perception that
Democrats are weak on national security. No one would have imagined four
years ago that his counterterrorism policies would come under far more
fierce attack from the American Civil Liberties Union than from Mr.
Romney.
Aides say that Mr. Obama’s choices, though, are not surprising. The
president’s reliance on strikes, said Mr. Leiter, the former head of the
National Counterterrorism Center, “is far from a lurid fascination with
covert action and special forces. It’s much more practical. He’s the
president. He faces a post-Abdulmutallab situation, where he’s being
told people might attack the United States tomorrow.”
“You can pass a lot of laws,” Mr. Leiter said, “Those laws are not going to get Bin Laden dead.”
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