“This white paper sets forth the legal basis upon which the Central Intelligence Agency (CIA) could use lethal force in Yemen against a United States citizen who senior officials reasonably determined was a senior leader of al-Qaida or an associated force of al-Qaida.”
So begins a 22-page, heavily redacted, previously top-secret document titled “Legality of a Lethal Operation by the Central Intelligence Agency Against a US Citizen,” which provides the first detailed look at the legal rationale behind lethal operations conducted by the agency. The white paper [pdf below] was turned over to VICE News in response to a long-running Freedom of Information Act (FOIA) lawsuit against the Justice Department.
It’s one of two white papers the Justice Department prepared in 2011 after lawmakers demanded to know what the administration’s legal rationale was for targeting for death the radical Muslim cleric Anwar al-Awlaki, a US citizen. The first white paper, released last year, addressed why the targeted killing by the US military of an American abroad was lawful. This second white paper addresses why it was lawful for the CIA to do so. Neither white paper identifies Awlaki by name.
The May 25, 2011 document is based on a 41-page Justice Department memo that lays out the government’s legal basis for targeting Awlaki without affording him his right to due process under the US Constitution. For years, the Obama administration was pressured by lawmakers to share the memo, but officials refused — and wouldn’t even confirm that such a memo existed.