justice department

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One of the most hotly contested points of the administration’s drone policy is its claim to have legal justification for killing U.S. citizens. Now we have their rationale for that claim. Michael Isikoff, National Investigative Correspondent for NBC News, published on Monday a memo he says was given to members of the Senate Intelligence and Judiciary committees in June.

The “Department of Justice White Paper” outlines certain conditions for an attack. An “informed, high-level official of the U.S. government” must determine that the targeted U.S. citizen is a “senior, operational leader of al-Qa’ida or an associated force,” poses “an imminent threat of violent attack against the United States,” “capture is infeasible,” and the attack is conducted in a way consistent with “law of war principles.”  In those conditions, the memo says, “a targeted killing of a U.S. citizen who has joined al-Qa’ida or its associated forces would be lawful under U.S. and international law.”