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Jeremy Scahill

Jeremy Scahill

Posted: July 15, 2009 01:58 PM

The Democrats' Selective Amnesia on Assassination: Clinton Did It and Obama Does It Too

What's Your Reaction:

While the focus is on Dick Cheney's role, the U.S. has long had a bi-partisan assassination program.

Members of Congress have expressed outrage over the "secret" CIA assassination program that former vice president Dick Cheney allegedly ordered concealed from Congress. But this program -- and the media descriptions of it -- sounds a lot like the assassination policy implemented by President Bill Clinton, particularly during his second term in office.

Partisan politics often require selective amnesia. Over the past decade, we have seen this amnesia take hold when it comes to many of President Bush's most vile policies. And we are now seeing a pretty severe case overtake several leading Democrats. It makes for good speechifying to act as though all criminality began with Bush and -- particularly these days -- Cheney, but that is extreme intellectual dishonesty. The fact is that many of Bush's worst policies (now being highlighted by leading Democrats) were based in some form or another in a Clinton-initiated policy or were supported by the Democrats in Congress with their votes. To name a few: the USA PATRIOT Act, the invasion of Iraq, the attack against Afghanistan, the CIA's extraordinary rendition program, the widespread use of mercenaries and other private contractors in US war zones and warrant-less wire-tapping.

Regarding the Bush-era assassination program, there is great reason to be skeptical that the program CIA Director Leon Panetta alleges was concealed from Congress is actually the program the public is currently being led to believe it is. Why would the CIA need to conceal a program that never was implemented and, if it never was implemented, why did Panetta need to shut it down? Moreover, who was running this inactive program from the minute Obama was sworn in until June 24 when Panetta supposedly announced its cancellation? This program -- as it is currently being described -- should hardly be a major scandal to members of the House and Senate Intelligence Committees, as some are now treating it. As they well know, President Obama has continued the Bush targeted assassination program using weaponized drones and special forces teams hunting "high value targets." As former CIA Counter-terrorism chief Vincent Cannistraro and others have pointed out, "The CIA runs drones and targets al Qaeda safe houses all the time." Cannistraro told Talking Points Memo that there is no important difference between those kinds of attacks and "assassinations" with a gun or a knife.

Now, if it turns out that the actual plan Cheney allegedly concealed is something other than what has been publicly described, that will be a different matter. For instance, if the CIA had a secret post-9/11 program planning assassinations on US soil or of US citizens and it was ordered concealed by Cheney. Or, if it was a plan to target in other ways "enemies of the state" within the U.S. as Seymour Hersh has suggested: "The Central Intelligence Agency was very deeply involved in domestic activities against people they thought to be enemies of the state," Hersh said in March. "Without any legal authority for it. They haven't been called on it yet. That does happen."

Let's look at the program the Democrats claim was kept secret. The Bush administration reportedly authorized the CIA to use small paramilitary teams to hunt down and assassinate "al Qaeda" leaders around the world. It is currently being reported that this plan was never implemented and was born after 9/11. Both of these assertions are very, very doubtful.

The plan, as currently described in the press and by Democrats, is one that continues to exist under the Obama administration right now. In fact, this program has been part of official U.S. policy -- under Democratic and Republican administrations -- for decades.

By way of background, there is technically a U.S. ban on assassination that dates back to President Ford in 1976. "No employee of the United States Government shall engage in, or conspire to engage in, political assassination," states Executive Order 11905. That was then updated by President Carter who dropped the term "political" simply prohibiting "assassination." The current Executive Order, 12333, was signed by president Reagan in 1981 and has remained on the books through every administration since. What is brutally ironic about Reagan signing this ban was that he authorized repeated assassinations, notably the 1986 attempt on Col. Moammar Gadhafi, which failed to kill Gadhafi but instead killed his infant daughter. But in that brutal apparent contradiction is the truth: the U.S. does not have a ban on assassinations as long as government lawyers can figure out some legal acrobats for the president to use in sidelining the ban. Every president from Reagan to Obama has reserved the right to assassinate "terrorists" by claiming it as a military operation or a preemptive strike.

It is pretty clear that when the Bush administration took over, it picked up the Clinton administration's policy on assassination and ran with it -- albeit with more of a missionary zeal for killing and a removal of some of the layers of lawyering. In short, the Bush team expanded and streamlined the longstanding U.S. government assassination program.

Throughout the 1990s, the question of covert assassinations was a source of major discussion within the Clinton White House and it is clear assassinations were attempted with presidential approval. Newsweek magazine reported on how, in 1995, U.S. Special Forces facilitated the assassination of a Libyan "terrorist" in Bosnia, saying, "American authorities justified the assassination under a little-known 1993 'lethal finding' signed by President Bill Clinton that gave permission to target terrorists." A former senior Clinton official speaking shortly after 9/11 called on the Bush administration not to escalate the U.S. assassination program, saying "We have a war on drugs, too, but we don't kill drug lords." But then, with no apparent sense of contradiction, the official added, "we have proxies who do."

Clinton-era officials' attempt to hide behind "proxies" is a stunning trampling of the assassination ban as it currently exists. Not only does it ban U.S. government personnel from engaging in or conspiring to engage in "assassination," it also bans "Indirect Participation," stating: "No agency of the Intelligence Community shall participate in or request any person to undertake activities forbidden by this Order."

The truth is, under Clinton, it wasn't just proxies authorized to do the assassinations.

The Clinton White House worked for years with the CIA to craft an assassination policy -- specifically relating to "al Qaeda" in general and Osama bin-Laden and his top deputies specifically. CIA operatives like Billy Waugh complained in the early and middle years of the Clinton presidencies that they were lawyered to death by Clinton's attorneys in their attempts to get the green light to kill bin Laden in Sudan. "[I]n the early 1990s we were forced to adhere to the sanctimonious legal counsel and the do-gooders," recalled Waugh. Among Waugh's rejected ideas was an alleged plot to kill bin Laden in Khartoum, Sudan and dump his body at the Iranian embassy in an effort to pin the blame on Tehran. Eventually, however, Clinton did authorize what amounted to assassination squads to hunt down and kill bin Laden and other "al Qaeda leaders." That happened officially in 1998 with Clinton's signing of a Memorandum of Notification authorizing the CIA to carry out covert assassinations. George W Bush was not the president and Dick Cheney was not the vice president. Of course, current CIA Director Leon Panetta was Clinton's chief of staff from 1994 to 1997 and would have been party to years worth of discussion on this issue when Clinton was president.

Under Clinton, the Justice Department's Office of Legal Counsel issued secret rulings stating that the Ford/Reagan ban on assassinations did not apply to "military targets or "to attacks carried out in preemptive self-defense," according to Steve Coll, Pulitzer-Prize winning author of Ghost Wars.

Shortly after 9/11, Clinton stated this position publicly, supporting the Bush administration's "war on terror" targeted assassination policy, saying on NBC News, "The ban that was put in effect under President Ford only applies to heads of state. It doesn't apply to terrorists." That is a stunning statement that is a true legal stretch given the explicit language of the ban. Moreover, Clinton did, in fact, try to kill a head of state on April 22, 1999, when he ordered a NATO airstrike on the home of Yugoslav President Slobodan Milosevic. Clinton and Gen. Wesley Clark also authorized an assassination attempt on Serbian Information Minister, Aleksander Vucic, bombing Radio Television Serbia when Vucic was scheduled to appear via satellite on CNN's Larry King Live. Vucic was not killed, but 16 media workers were.

Clinton also publicly acknowledged his own administration's attempt to assassinate bin Laden. "I worked hard to try to kill him," Clinton said. "I authorized a finding for the CIA to kill him. We contracted with people to kill him. I got closer to killing him than anybody has gotten since." Clinton's National Security Advisor Sandy Berger said after Clinton issued his 1998 "lethal finding," U.S. operatives worked with Afghan rebels for two years in an attempt to kill Bin Laden. "There were a few points when the pulse quickened, when we thought we were close," Berger later recalled. Among the alleged attempts on bin Laden's life taken by Clinton was the 1998 bombing of Afghanistan (which was coupled with a massive strike on the Al Shifa pharmaceutical plant in Sudan).

As Coll observed of the Clinton policy: "Clinton had demonstrated his willingness to kill bin Laden, without any pretense of seeking his arrest."

After 9/11, the CIA, which had been frustrated by some of the hurdles to assassination posed by the Clinton administration's legal team, now had the conditions and the commander-in-chief it needed to take its assassination program to the next level. The main operations were run out of the CIA's Counter-Terrorism Center (CTC) headed by J. Cofer Black, who had served as Clinton's CIA station chief in Sudan when bin Laden was there in the 1990s. After 9/11, Black's division at the CIA was authorized by President Bush -- with the consent of Congress -- to hunt down bin Laden and others alleged to be responsible for 9/11. As I describe in my book, Blackwater: The Rise of the World's Most Powerful Mercenary Army:

Before the core CIA team, Jawbreaker, deployed [to Afghanistan] on September 27, 2001, Black gave his men direct and macabre directions. "Gentlemen, I want to give you your marching orders, and I want to make them very clear. I have discussed this with the President, and he is in full agreement," Black told covert CIA operative Gary Schroen. "I don't want bin Laden and his thugs captured, I want them dead. . . . They must be killed. I want to see photos of their heads on pikes. I want bin Laden's head shipped back in a box filled with dry ice. I want to be able to show bin Laden's head to the President. I promised him I would do that." Schroen said it was the first time in his thirty-year career he had been ordered to assassinate an adversary rather than attempting a capture. Black asked if he had made himself clear. "Perfectly clear, Cofer," Schroen told him. "I don't know where we'll find dry ice out there in Afghanistan, but I think we can certainly manufacture pikes in the field." Black later explained why this would be necessary. "You'd need some DNA," Black said. "There's a good way to do it. Take a machete, and whack off his head, and you'll get a bucketful of DNA, so you can see it and test it. It beats lugging the whole body back!"

The actions of the teams run by Cofer Black were certainly known to Congress. In fact, Black himself testified in front of Congress in 2002 about what he called the new "operational flexibility" being employed in the "war on terror." "This is a very highly classified area, but I have to say that all you need to know: There was a before 9/11, and there was an after 9/11," Black said. "After 9/11 the gloves come off." By 2004, Black claimed that "over 70 percent" of Al Qaeda's leadership had been arrested, detained, or killed, and "more than 3,400 of their operatives and supporters have also been detained and put out of an action." The existence of this program is not secret. It has been documented in books by former CIA operatives, is discussed in public speeches by former officials and is a reflected extensively in the Congressional record.

Obviously, the House and Senate Intelligence Committees should investigate the assassination policy under the Bush administration. Cheney's role is central to that. Prosecutors should also be authorized to do the same. If there is a nefarious program that the public is unaware of and was unlawfully concealed, it should be brought out into the light. But, the truth is that a real investigation -- one that actually seeks to get to the broader truths of these matters -- would require investigating the current assassination program under Obama and the roots of the program that preceded the day when George W Bush took power. That means looking at the Clinton White House and further back. It means looking at both Democratic and Republican assassination teams. The sad fact is that nobody on Capitol Hill has demonstrated in any way that they have the political courage to do that.

For more of Jeremy Scahill's writing, see his website RebelReports.com

 

Follow Jeremy Scahill on Twitter: www.twitter.com/jeremyscahill

While the focus is on Dick Cheney's role, the U.S. has long had a bi-partisan assassination program. Members of Congress have expressed outrage over the "secret" CIA assassination program that forme...
While the focus is on Dick Cheney's role, the U.S. has long had a bi-partisan assassination program. Members of Congress have expressed outrage over the "secret" CIA assassination program that forme...
 
 
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HUFFPOST COMMUNITY MODERATOR
rf dude
Just an average Man of Bronze - now in Steel!
09:36 PM on 07/19/2009
If the CIA had a foot,

and if they could draw on it a picture of bin Laden -

they could probably shoot

and score...
--
09:17 PM on 07/19/2009
Love your work, Jeremy.
03:08 PM on 07/18/2009
Thank you for reminding people about this, Jeremy. You're one of the few sane reporters who manage to break out into the mainstream from time to time. Keep writing.
02:08 AM on 07/18/2009
Scahill is allowing the President of the Senate to take the same authority as the President of the United States. "Because Clinton did it, Cheney gets to do it"
Cheney was not the President of the US. And if he was really running the country, that mean he was not "acting under the direction of the elected President".
02:02 AM on 07/18/2009
What i've been saying for years-- a general strike--forcing a call for a federal initiative to vote on calling for a vote to oust the complete congress-- then re-elect nobody-- can the new ones do any worse-- at least they won't be on the MIWC ( Mil.-Indust.- Wealthcare) payroll right away-- "turn the rascals out!"
03:59 PM on 07/17/2009
Oh, well. At least Clinton and Obama notified congress and didn't tell the CIA to keep it secret.
02:31 PM on 07/17/2009
Part B
What about Gary Webb and Barry Seal? What about the victims of anthrax that came from our government facilities that targeted enemies of the Bush admin. and those who were investigating 911? All of their paperwork had to be thrown away. Is it a coincidence that they were the ones targeted? Are you aware that Jerome Hauer, the person who was the first to get to CNN after the event in NY knowing too much information and immediately blaming Al Q, was telling allies of his in the White House to start taking Cipro a week before the anthrax attacks? Our media did not serve us to debunk the Bush admin.'s reasons for going to Iraq. Nothing about all of those subject matters has been debated in the MSM. The media is controlled and I would hope that you are not taking part in it. Even if Bush let 911 happen, the crime of lying to go to war is much greater than September 11. What everything comes down to is that the justice system is completely broken in this country and needs to be reinvented.
01:01 PM on 07/17/2009
Good point. Let me give you a list of the targets killed here on domestic soil:
Raymond Lemme, assassinated in a Georgia motel two weeks after he told Clint Curtis that the vote fraud software order given to Yang Enterprises of Oviedo, FL, came from all the way up, as high as you can imagine.
Mike O'Connel, the Republican's computer guru, who knew too much, and who was killed by tampering with his plane after he refused Carl Rove's demand to be the fall guy concerning Ohio's election fraud investigation.
Ralph Gonzales, Thomas Feeney's campaign consultant and former Executive Director of Georgia's Republican Party, who knew too much.
Of course you could go all the way back to Vince Foster, who knew too much and was about to report to Congress.
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TexasDem0
USMC Vietnam vet,Veteran for Peace
12:32 PM on 07/17/2009
The “everybody else is doing it” excuse didn't work in the first grade, why should it work now? The Bush administration politicized everything else, so there is ample justification to believe this was a political measure as well. When the truth comes out, I believe that the public is going to be appalled to learn about the extent of domestic and foreign crimes committed in the name of national security.
12:12 PM on 07/17/2009
This is so very important that this gets out. Would you like me to provide links to the information that I provided? I was going to do that but had no room for them and was going to post them after those two part one and part two comments are posted.
12:01 PM on 07/17/2009
We haven't had a good president since Jimmy Carter; IMO, Obama still needs to prove himself. It should be illegal for all. Has anybody thought that these acts could be used to take out personal enemies? That is what Seymore said. There are reports of torture where a hundred lost their lives during this practice in our care and reports of people getting their eyes gouged out. This is not to get information. This is to put fear into people's hearts. How did one of Al Q who was in our custody end up in Libya and just as there were calls for him to be a witness, he ends up like a doornail? Remember the interpreter, who in my opinion was about to make a complaint, but ends up like a doornail, and they say it was self-inflicted? Hunter S. Thompson said about his criticism of the event and the facts presented to us that they were out to get him and they were going to take him out and make it look like he did it to himself. Tilman is also very curious. Skolnick. George Carlin was also a critic. There was also the broadcaster William Cooper who predicted the event who is no longer with us.
11:40 AM on 07/17/2009
Thank you for the excellent article. I'm far to the left of most democrats., but prefer honesty over partisanship. It seems to me that the USA has but one Corporate Party which is made up of two factions, democrats and republicans. When the chips are down the Oligarchy merely crank up their Big Money Lobby Machine which seems to have nearly all US politicians on a retainer and ultimately own their votes. But what's truly amazing is that most US citizens are either so brainwashed by the Corporate media that they religiously believe that all is well, or they merely don't care because they know the Oligarchy always wins. Maybe it's time to emulate the French and have a national strike against Big Money Lobby and for public finance of all campaigns with a one 6 year term limit for Senators, Representatives and the POTUS.
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TexasDem0
USMC Vietnam vet,Veteran for Peace
12:34 PM on 07/17/2009
This is exactly why we need election reform, especially publicly financed elections and all verifiable ballots.
02:51 PM on 07/18/2009
Regardless of our political views, on this issue it seems we are allies.
04:01 PM on 07/19/2009
Your on it. How but a work stoppage strike. It could be called "DO NOTHING FOR YOUR COUNTRY WEEK". Probably wouldn't work though because there are too many scabs in America.
07:28 AM on 07/17/2009
Very informative. I think people just try to remember the good things about President Bubba Clinton. That they don't really reflect on the negatives. Like some of this finanical mess actually happened because of the relaxing of regulations during Clinton's watch. It's was interesting to hear that we've been going after Bin Laden way before 9/11 no wonder they attacked us.
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HUFFPOST PUNDIT
missouriwatcher
military veteran, veteran teacher, father, grandpa
11:13 PM on 07/16/2009
Assassination is BAD policy, no matter how disgusting the "target" may be. It often backfires, and never ever reflects well on the country trying to carry out such a policy. I remember several attempts on Fidel Castro, and all of them flopped leaving the US looking like the first 3 letters of the "a" word. Even when it succeeds, like it did with Trujillo in the Dominican Republic, it does not lead to a better result. No. Just take a look at the first 6 letters of "assassination". A country with a policy of assassination becomes a double "ass".
10:01 AM on 07/17/2009
That was good and I liked it.
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HUFFPOST SUPER USER
kfdan
09:56 PM on 07/16/2009
The CIA is in the assassination business and has been in the assassination business since the beginning of that agency! That authorization became specific under Clinton and gain speed under Bush and his criminal bulldog Cheney can be viewed as simply an escalation of an already standard operating procedure! What Congress is upset about is that they didn't get a heads up on this specific program, which is likely one of many, and that Cheney specifically determined that the over-sight committee didn't need to be informed. I question whether that committee would have stopped this particular assassination program had it been informed in the the first place!
As Jeremy Scahill rightly points out the US has been attempting to kill supposed terrorists using drones and bombs since the beginning of this 'war on terrorism.' Americans need to review the whole gamut of murder direct or by proxie, legal and illegal engaged in by the US intelligence community! We might be better served by asking foreign intelligence agencies what US intelligence agencies have been up to!
04:50 PM on 07/19/2009
Since when does the VP get to make those kinds of decisions?

It's bad enough not informing Congress but to have the VP running things?

Nobody elected him for that.

By the way, where has Cheney been?

He was everywhere a few weeks ago. Now all we have is his daughter.