In Terror Shift, Obama Took a Long Path

http://www.nytimes.com/2013/05/28/us/politics/in-terror-shift-obama-took-a-long-path.html?pagewanted=all

---------- Forwarded message ----------
From: barry levine 
Date: Tue, May 28, 2013 at 4:15 PM
Subject: re: In Terror Shift, Obama Took a Long Path
To: "letters@nytimes.com"

To the Editor:

  President Obama's "new playbook" in the war on terror amounts to abiding by established law sometimes, when he feels like it.  Use of deadly force has been limited to members of the military armed forces (i.e. not CIA) and to battlefields (i.e. not everywhere) for six decades.  He has yet to clarify whether as commander in chief in times of war he is actually bound by the law, nor whether we are actually at war.

   As long as these ambiguities remain, future presidents will cite his actions to justify outrages against life, liberty and property. Surely this is not the legacy president Obama means to leave us.

Barry Haskell Levine

1142 Brown Ave

Find more of my (largely one-sided) correspondence with the New York Times at:
htt://forgottencenter.blogspot.com/
Or write a letter of your own. Democracy only works when we engage in
the issues of our day

WASHINGTON — The pivot in counterterrorism policy thatPresident Obama announced last week was nearly two years in the making, but perhaps the most critical moment came last spring during a White House meeting as he talked about the future of the nation’s long-running terrorism war. Underlying the discussion was a simple fact: It was an election year. And Mr. Obama might lose.

For nearly four years, the president had waged a relentless war from the skies against Al Qaeda and its allies, and he trusted that he had found what he considered a reasonable balance even if his critics did not see it that way. But now, he told his aides, he wanted to institutionalize what in effect had been an ad hoc war, effectively shaping the parameters for years to come “whether he was re-elected or somebody else became president,” as one aide said.

Ultimately, he would decide to write a new playbook that would scale back the use of drones, target only those who really threatened the United States, eventually get theC.I.A. out of the targeted killing business and, more generally, begin moving the United States past the “perpetual war” it had waged since Sept. 11, 2001. Whether the policy shifts will actually accomplish that remains to be seen, given vague language and compromises forced by internal debate, but they represent an effort to set the rules even after he leaves office.

“We’ve got this technology, and we’re not going to be the only ones to use it,” said a senior White House official who, like others involved, declined to be identified talking about internal deliberations. “We have to set standards so it doesn’t get abused in the future.”

While part of the re-evaluation was aimed at the next president, it was also about Mr. Obama’s own legacy. What became an exercise lasting months, aides said, forced him to confront his deep conflicts as commander in chief: the Nobel Peace Prize winner with a “kill list,” the antiwar candidate turned war president, the avowed champion of transparency ordering operations over secret battlegrounds. He wanted to be known for healing the rift with the Muslim world, not raining down death from above.

Over the past year, aides said, Mr. Obama spent more time on the subject than on any other national security issue, including the civil war in Syria. The speech he would eventually deliver at the National Defense University became what one aide called “a window into the presidential mind” as Mr. Obama essentially thought out loud about the trade-offs he sees in confronting national security threats.

“Americans are deeply ambivalent about war,” the president said in his speech, and he seemed to be talking about himself as well. Mr. Obama said the seeming precision and remote nature of modern warfare can “lead a president and his team to view drone strikes as a cure-all for terrorism,” and it was not hard to imagine which president he had in mind.

“We must define the nature and scope of this struggle,” Mr. Obama said, “or else it will define us.”

In a sense, that had already happened to Mr. Obama. Somehow he had gone from the candidate who criticized what he saw as President George W. Bush’s excesses to the president who expanded the drone program his predecessor had left him. The killing he authorized in September 2011 of Anwar al-Awlaki, an American citizen tied to terrorist attacks, brought home the disparity between how he had envisioned his presidency and what it had become. Suddenly, a liberal Democratic president was being criticized by his own political base for waging what some called an illegal war and asserting unchecked power.

The Awlaki strike also killed another American, Samir Khan, who officials say was not intentionally targeted. A subsequent strike killed Mr. Awlaki’s 16-year-old American son, a death that officials say was an accident. A furor over the American deaths convinced Mr. Obama that it was time to lay out clearer standards and practices for drone warfare.

Under the stewardship of John O. Brennan, then the president’s counterterrorism adviser, officials spent months discussing how to be more transparent about a program that was still officially secret and how to define its limits. After last spring’s discussion with the president, Mr. Brennan began a more intensive, formalized interagency process to rewrite the rules. He also took a first step in explaining the administration’s drone policy to the public with a speech in which he said strikes targeted only those who posed “a significant threat to U.S. interests.” But even then he did not directly acknowledge American involvement in Mr. Awlaki’s killing.

In seemingly endless meetings, including a dozen or more with the president, Mr. Brennan and other administration officials grappled with the issue. Concluding that Al Qaeda’s core leadership had been decimated, some officials wanted tighter restrictions on the use of drone strikes, but the Central Intelligence Agency and the Pentagon balked. The C.I.A.’s counterterrorism center resisted another proposal to take its drones away and put them under Pentagon control.

While the agencies argued, Mr. Obama focused on winning a second term, boasting about the same aggressive approach he was privately rethinking. “Ask Osama bin Laden and the 22 out of 30 top Al Qaeda leaders who’ve been taken off the field whether I engage in appeasement,” he said in response to campaign criticism.

Days after his victory, he told his staff he wanted to conclude the review with a major speech, although there would no longer be pressure to complete it before the next inauguration, since he would be staying. Around the White House, it became known as Archives 2, a reference to the president’s May 2009 speech at the National Archives on counterterrorism issues.

“What he said repeatedly is he felt when he took office it wasn’t clear how we used this tool,” said Benjamin J. Rhodes, the deputy national security adviser assigned to write the speech. “Part of this frankly is laying out for the American people but also for the next president: here’s how we do this.”

The first outlines of the speech came together in February. But there were critical debates to resolve. As Mr. Brennan departed to become C.I.A. director, his replacement, Lisa Monaco, and the top White House national security lawyer, Avril D. Haines, ushered the process to a conclusion.

Ultimately, the president and his team decided to tighten the standard for striking targets outside overt war zones. Instead of being authorized for any “significant threat to U.S. interests,” drone strikes would be used only in cases of a “continuing, imminent threat to U.S. persons.” They would also be limited to cases with a “near certainty” of avoiding civilian casualties.

The C.I.A.’s opposition to shifting responsibility for drones entirely to the Pentagon resulted in a compromise: There would be a transition period for the program in Pakistan, which would be reviewed every six months to determine if it was ready to be moved to military control. Administration officials suggest that the transfer of the Pakistan drone program may coincide with the withdrawal of combat troops from Afghanistan in 2014.

“The hawks may be grumbling about it, but that’s to be expected,” said a senior government official who supported the strategy shift. “This is a big change. But no one is screaming.”

The hawks proposed a change of their own, suggesting, as The Daily Beast has reported, that the president leave individual strike decisions in authorized areas outside overt war zones to the Pentagon and the C.I.A. But the White House rejected that. Mr. Obama felt those decisions were the president’s responsibility: he wanted to keep his own finger on the trigger.

All of that was codified in a Presidential Policy Guidance that remains classified. To address drone policy, though, meant owning up to the killings of Mr. Awlaki and other Americans, officials concluded. The C.I.A. and others resisted, but Mr. Obama decided to declassify information about not just Mr. Awlaki’s killing, but the killings of three other Americans who officials say had not been intentionally targeted.

Mr. Obama was also interested in instituting an independent review of how and when drone strikes would be conducted. Multiple papers were prepared and multiple options evaluated. Among them was a special court to oversee targeted killings, but the discussion became tied up in knots about how it would work. Would a judge have to approve such strikes in advance or after the fact? What about an independent board within the executive branch instead? Administration lawyers argued against surrendering presidential authority, and defense policy makers argued against giving up operational control.

That proved to be a debate Mr. Obama could not resolve. In his speech, he invited Congress to come up with ideas. He also thought it was time to review the authorization of force that Congress passed in the days after Sept. 11, 2001, and that has been the legal foundation for the war on terrorism. But after a two-hour discussion just days before the speech, he could not decide exactly how to do that, either.

In the midst of the White House debate, two bombs went off at the Boston Marathon in an attack attributed to two ethnic Chechens living legally in the United States, reaffirming the continuing threat of terrorism. For Mr. Obama, it was another pivot point. The Boston attack, he thought, typified the new terrorist threat more than 11 years after Sept. 11, 2001: smaller-scale attacks that have fewer casualties but are harder to stop and often conducted by people radicalized while already living in the United States.

At the beginning of May, Mr. Obama was given a first draft of the speech but tossed it out and wrote out a detailed outline by hand over several pages. He expanded it from drones to include a renewal of his failed promise to close the prison at Guantánamo Bay, Cuba. He also wanted fresh emphasis on nonmilitary tools like diplomacy, foreign aid and help for other countries dealing with threats inside their borders, although he made sure the word “patiently” was added to reflect the difficulty.

Some Pentagon and State Department officials learned only the day before the speech that Mr. Obama would lift his moratorium on repatriating Guantánamo detainees to Yemen and appoint a new official at the Defense Department to oversee transfer efforts.

Mr. Obama’s eventual speech, at 59 minutes one of the longest of his presidency other than a State of the Union address, reflected the process that developed it. Even as he set new standards, a debate broke out about what they actually meant and what would actually change. For now, officials said, “signature strikes” targeting groups of unidentified armed men presumed to be extremists will continue in the Pakistani tribal areas.

Even as he talked about transparency, he never uttered the word “C.I.A.” or acknowledged he was redefining its role. He made no mention that a drone strike had killed an American teenager in error. While he pledged again to close the Guantánamo prison, he offered little reason to think he might be more successful this time.

Yet even the promise of change left some people scathingly critical. “At the end of the day,” said Senator Lindsey Graham, a South Carolina Republican, “this is the most tone-deaf president I ever could imagine, making such a speech at a time when our homeland is trying to be attacked literally every day.
”