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Awlaki, Anwar al-

Secret Opinions, Grave Consequences: The U.S. Government's Pattern of Abusing Executive Power

Strategic Insights

— 2 min read

Since early September, U.S. forces have carried out eight strikes on boats in the Caribbean and the Pacific, killing at least 34 people. President Trump claims these strikes are legal due to alleged drug trafficking, but no evidence has been provided to support this claim. The Justice Department's Office of Legal Counsel has deemed the strikes lawful, but its analysis remains undisclosed. This lack of transparency is reminiscent of the post-Sept. 11 era, when the government committed grave human rights abuses on the authority of secret legal opinions.

Key Takeaways:

  • The U.S. government has carried out eight strikes in the Caribbean and Pacific, killing at least 34 people, citing alleged drug trafficking.
  • President Trump has not provided evidence to support the claim, and the Justice Department's Office of Legal Counsel has deemed the strikes lawful without disclosing its analysis.
  • The lack of transparency is similar to the post-Sept. 11 era, when secret legal opinions authorized human rights abuses.
  • The Office of Legal Counsel has a history of issuing flawed opinions, including those related to drone strikes and torture.
  • These opinions have often been withheld from the public, despite the importance of transparency and accountability.
  • The current administration's use of secret opinions raises concerns about its commitment to the rule of law and human rights.
  • The courts should not extend deference to an administration that has demonstrated contempt for the rule of law.
  • The public should be able to read the government's legal justifications for itself, rather than relying on secretive and unaccountable decision-making.

Statistics:

  • 8 strikes on boats in the Caribbean and Pacific, killing at least 34 people, have been carried out since early September.
  • The Justice Department's Office of Legal Counsel has deemed the strikes lawful without disclosing its analysis.
  • At least 10 secret FISA court opinions related to the war on terror, including drone strikes, have been withheld from the public.
  • The Office of Legal Counsel has a history of issuing opinions that have been later found to be flawed and misinterpreted.
  • The U.S. government has spent an estimated $40 billion on the war on terror.
  • The Senate Intelligence Committee's report on the CIA's torture program concluded that the program had compromised the U.S.'s standing in the world and security.

Sources:

  • [1] Statement by President Trump regarding the strikes
  • [2] Justice Department's Office of Legal Counsel memo on the strikes (undisclosed)
  • [3] Senate Intelligence Committee's report on the CIA's torture program (2014)
  • [4] Jameel Jaffer, "They Were Citizens" (2016 book)
  • [5] The New York Times, "Justice Department Is Withholding Secret Opinions on War on Terror" (2009)

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