Memo explains administration's legal rationale behind targeted killings. Senate critics not soothed

MQ-9 Reaper drones have been used in targeted killings since 2007. NBC's Michael Isikoff reported Monday on a 16-page confidential Justice Department memo that gives details on when the United States can order the killing of American citizens if it's thought by an "informed, high-level" U.S. official that they are "senior operational leaders" of al Qaeda or an associated force. Suspects must be an imminent threat, capturing them must be considered "infeasible," and the actual attack must be conducted according to "law of war principles."

Such kill orders can be legally given, the undated "white paper" memo explains, even if there is no intelligence saying the targeted individuals are actively preparing an attack and even if they have never been indicted or otherwise charged with any crimes. Two such U.S. citizens, Anwar al-Awlaki and Samir Khan, were killed in a drone strike in Yemen in September 2011. The memo also expands the definition of what constitutes "imminence."

'In the Department's view, a lethal operation conducted against a U.S. citizen whose conduct poses an imminent threat of violent attack against the United States would be a legitimate act of national self-defense that would not violate the assassination ban. Similarly,  the use of lethal force, consistent with the laws of war, against an individual who is a legitimate military target would be lawful and would not violate the assassination ban.'

The memo, "Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operational Leader of Al Qa'ida or An Associated Force," argues against judicial intervention, stating flat out "that the Department notes that under the circumstances described in this paper, there exists no appropriate judicial forum to evaluate these constitutional considerations." Below the fold, you can read further analysis.