Yesterday afternoon, President Obama discussed his administration’s Counterterrorism policy in a speech at the National Defense University. In a simultaneously impressive and disappointing display, the President spoke more candidly about the U.S. Counterterrorism policy, including the drones program, than he has yet to date.
The speech comes after months of congressional pressure on the White House. In February, a bipartisan group of senators wrote a letter to President Obama calling on the Department of Justice to release all classified memos on the justification on targeted killing. The Administration relented to the pressure, declassifying the memos only for a small group of senators on key committees, after they threatened to block the confirmation of John Brennan to head the CIA.
Pressure continued to mount after Sen. Rand Paul (KY), who had not seen the memos, filibustered the confirmation of Mr. Brennan for nearly 13 hours in March. The Senate and House Judiciary Committees both held hearings on the legal and moral contexts of drones use. This month, the Progressive Caucus in the House also held a “shadow hearing” on drones and the Senate Armed Service Committee held a hearing to evaluate the future of the U.S. war against al Qaeda. FCNL worked to increase pressure on Congress and the Administration in every one of these instances.
Fundamental Flaws
The President’s justification for the use of lethal force by drones appeared well reasoned and accurate, but it was flawed. First, President Obama said, “To do nothing in the face of terrorist networks would invite far more civilian casualties — not just in our cities at home and our facilities abroad…” But we argue, as Yemeni activist Faera Al-Muslimi did to the Senate Judiciary Committee, that the use of drones has done more to radicalize people against the U.S. than al Qaeda propaganda ever has.
Second, the President said, “Not only did Congress authorize the use of force, it is briefed on every [drone] strike that America takes.” While Congress did vote to pass the Authorization of the Use of Military Force (AUMF), few could have envisioned how that law could be used to justify actions in Yemen, Somalia, Mali and elsewhere. Additionally, to say “the Congress” has been briefed on every strike is a gross overstatement. Members of some key committees do receive voluntary briefings from the Department of Defense on strikes outside of Afghanistan and Pakistan, where the vast majority of drone strikes occur. Efforts to codify this reporting are presently underway, but this is still far from the level of reporting and oversight President Obama implied in his speech.
Lastly, President Obama mentioned the words “associated forces” several times in his speech. Despite the absence of these words in the AUMF, the Administration has been hiding much of their Counterterrorism activity behind these two words—as well as the word “imminent.” Just how these “associated forces” are determined and who they actually are is all secret. As Sen. Angus King (ME) pointed out in the recent AUMF hearing, the words are also made up. This is a huge hole in Congressional oversight. This list should be made public immediately: the public has the right to know who is being killed in their name.
Whose Moral Compass?
The President indicated that he struggles with many of these complex decisions. “To say a military tactic is legal, or even effective, is not to say it is wise or moral in every instance” he remarked on drones. Whether or not lethal drone strikes are legal is still being debated by the legal community; many in the faith community believe that these lethal strikes are unethical.
The President also called on Congress to lift the moratorium on transfers from the military prison at Guantanamo Bay, Cuba. Popularly known as “Gitmo,” 166 people are imprisoned at the facility and many of them have been cleared for release long ago. The Administration has come under criticism as of late for not closing the prison—a 2008 campaign promise—after over one hundred people held there went on a hunger strike. Many of these prisoners have been have been cleared for release; only politics keeps them there.
War will always lack ethics and morality no matter how humanity tries to refine the practice. New technologies will only exacerbate these issues. If we hope to live in a future where we prioritize peace, our investments will have to reflect that priority. That the President highlighted that foreign aid makes up less than 1% of the federal budget—despite it being the basis for how we build diplomatic ties, sustainable relationships and good rapport with other nations. Now the trick will be to further uphold structures of peace.
This War Must End
President Obama’s most powerful declaration runs contrary to what many critics on both sides of the political spectrum believe. “This war, like all wars, must end.”
The President also expressed a desire to “refine, and ultimately repeal” the use of force law. This is a stunning and hopeful call, given the Administration’s track record for both secrecy and expansion of the Counterterrorism policy through drone strikes and operations throughout Africa. But we’re happy to oblige the call, especially because military force is the least effect way to deal with issues of extemism, having only ever ended extremist movements 7% of the time according to one Rand study.
Rep. Barbara Lee (CA), the only member in the House to vote against the AUMF in 2001, has long called for the law’s repeal. Other powerful members of Congress are reportedly looking over the AUMF now too. Major news outlets have weighed in also, with The New York Times recently calling for repeal and the Washington Post calling for “clarity” of the AUMF law. President Obama has added his name to the list now—now it’s time for Congress to act.
It is time for the U.S. to sunset and repeal that law, a move that could be tied to ending the U.S. war in Afghanistan. We have consistently said that the AUMF law is unnecessary, too far-reaching and lacks appropriate oversight. Many in the faith community find it morally unjust that the law is used to justify lethal drone strikes all over the world. The AUMF, no matter how it gets altered, enables a system of eternal warfare which is both financially unsustainable and ethically indefensible.
A Crossroads
The U.S. is at a crossroads, and it’s time to reassess. We’ve spent far too much money on war these last ten years—causing untold harm, death and destruction—and we’ve neglected our own needs at home. Two major interstate bridges—one in Washington state and one in Minnesota in 2009—have collapsed since President Obama took office in 2009. At a time when Congress is working to cut the budget, it is clear that our priorities have been backwards.
Congress should act and it’s our job to put the pressure on. President Obama gave a modest call for action by the public. As citizens, humans and people of faith, it’s our duty to insist that we reverse course.
