Court Says Obama Can’t Talk About Drones and Still Call Them Secret

Obama discussing drones in his 2013 Googe+ Fireside Hangout.YouTube

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If you want to keep something a secret, you probably shouldn’t brag about it. 

That may seem obvious. But the Obama administration’s habit of singing the virtues of its supposedly secret targeted killing program is the reason a panel of three federal judges on the DC Circuit ruled against the government on Friday, finding that the CIA cannot continue to claim it has not acknowledged its involvement in the use of drones in targeted killings. Quoting newly minted CIA Director John Brennan, former CIA Director Leon Panetta, and President Barack Obama himself, Judge Merrick Garland wrote that “it is neither logical nor plausible” for the CIA to say it would reveal anything not already public to admit that the Agency “at least has an intelligence interest” in such strikes. “The defendant is, after all, the Central Intelligence Agency,” the judges added. Friday’s ruling reverses a previous one from 2011 in which a lower court ruled in favor of the government.

Since 2010, the ACLU has been seeking information from the CIA on when, where, and against whom drone strikes can be authorized, and how and whether the US ensures compliance with international law restricting extrajudicial killings. The CIA had argued that “no authorized CIA or Executive Branch official has disclosed whether or not the CIA possesses records regarding drone strikes or whether or not the CIA is involved in drone strikes or has an interest in drone strikes.” According to the CIA’s argument, just because high ranking officials can’t stop talking about how targeted killing is effective, only kills bad guys, and always complies with the law doesn’t mean it’s not a secret.

This doesn’t mean the CIA will be releasing the documents. The Agency will have to explain and list which documents it has, and either release them or find another reason to argue why they can’t be released—and there are national security exemptions to the Freedom of Information Act the Agency could use to avoid having to hand them over. “It’s only a small step forward but an important one,” says Jameel Jaffer, the ACLU attorney who argued the case. “It will also make it more difficult for government officials to deflect questions about the program.”

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WHO DOESN’T LOVE A POSITIVE STORY—OR TWO?

“Great journalism really does make a difference in this world: it can even save kids.”

That’s what a civil rights lawyer wrote to Julia Lurie, the day after her major investigation into a psychiatric hospital chain that uses foster children as “cash cows” published, letting her know he was using her findings that same day in a hearing to keep a child out of one of the facilities we investigated.

That’s awesome. As is the fact that Julia, who spent a full year reporting this challenging story, promptly heard from a Senate committee that will use her work in their own investigation of Universal Health Services. There’s no doubt her revelations will continue to have a big impact in the months and years to come.

Like another story about Mother Jones’ real-world impact.

This one, a multiyear investigation, published in 2021, exposed conditions in sugar work camps in the Dominican Republic owned by Central Romana—the conglomerate behind brands like C&H and Domino, whose product ends up in our Hershey bars and other sweets. A year ago, the Biden administration banned sugar imports from Central Romana. And just recently, we learned of a previously undisclosed investigation from the Department of Homeland Security, looking into working conditions at Central Romana. How big of a deal is this?

“This could be the first time a corporation would be held criminally liable for forced labor in their own supply chains,” according to a retired special agent we talked to.

Wow.

And it is only because Mother Jones is funded primarily by donations from readers that we can mount ambitious, yearlong—or more—investigations like these two stories that are making waves.

About that: It’s unfathomably hard in the news business right now, and we came up about $28,000 short during our recent fall fundraising campaign. We simply have to make that up soon to avoid falling further behind than can be made up for, or needing to somehow trim $1 million from our budget, like happened last year.

If you can, please support the reporting you get from Mother Jones—that exists to make a difference, not a profit—with a donation of any amount today. We need more donations than normal to come in from this specific blurb to help close our funding gap before it gets any bigger.

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