Under Obama, an emerging global apparatus for drone killing

U.S. Air Force/GETTY IMAGES - A crew chief from the 46th Expeditionary Reconnaissance Squadron completes post-flight inspections of the RQ-1 Predator after one of its sorties in Balad Air Base, Iraq. The RQ-1is a medium-altitude, long-endurance unmanned aerial vehicle.

But seams in the collaboration still show.

After locating Anwar al-Awlaki in Yemen this fall, the CIA quickly assembled a fleet of armed drones to track the alleged al-Qaeda leader until it could take a shot.

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Clandestine drones: Obama administration’s critical tool
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The agency moved armed Predators from Pakistan to Yemen temporarily, and assumed control of others from JSOC’s arsenal, to expand surveillance of Awlaki, a U.S.-born cleric connected to terrorism plots, including the attempted bombing of a Detroit-bound airliner on Christmas Day 2009.

The choreography of the strike, which involved four drones, was intricate. Two Predators pointed lasers at Awlaki’s vehicle, and a third circled to make sure that no civilians wandered into the cross hairs. Reaper drones, which are larger than Predators and can carry more missiles, have become the main shooters in most strikes.

On Sept. 30, Awlaki was killed in a missile strike carried out by the CIA under Title 50 authorities — which govern covert intelligence operations — even though officials said it was initially unclear whether an agency or JSOC drone had delivered the fatal blow. A second U.S. citizen, an al-Qaeda propagandist who had lived in North Carolina, was among those killed.

The execution was nearly flawless, officials said. Nevertheless, when a similar strike was conducted just two weeks later, the entire protocol had changed. The second attack, which killed Awlaki’s 16-year-old son, was carried out by JSOC under Title 10 authorities that apply to the use of military force.

When pressed on why the CIA had not pulled the trigger, U.S. officials said it was because the main target of the Oct. 14 attack, an Egyptian named Ibrahim al-Banna, was not on the agency’s kill list. The Awlaki teenager, a U.S. citizen with no history of involvement with al-Qaeda, was an unintended casualty.

In interviews, senior U.S. officials acknowledged that the two kill lists don’t match, but offered conflicting explanations as to why.

Three senior U.S. officials said the lists vary because of the divergent legal authorities. JSOC’s list is longer, the officials said, because the post-Sept. 11, 2001, Authorization for Use of Military Force, as well as a separate executive order, gave JSOC latitude to hunt broadly defined groups of al-Qaeda fighters, even outside conventional war zones. The CIA’s lethal-action authorities, based in a presidential “finding” that has been modified since Sept. 11, were described as more narrow.

But others directly involved in the drone campaign offered a simpler explanation: Because the CIA had only recently resumed armed drone flights over Yemen, the agency hadn’t had as much time as JSOC to compile its kill list. Over time, officials said, the agency would catch up.

The administration official who discussed the drone program declined to address the discrepancies in the kill lists, except to say: “We are aiming and striving for alignment. That is an ideal to be achieved.”

Divided oversight

Such disparities often elude Congress, where the structure of oversight committees has failed to keep pace with the way military and intelligence operations have converged.

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