(2 pm. – promoted by ek hornbeck)
Earlier this week it was leaked to the press by those “anonymous White House sources” that the CIA’s drone program would be gradually transferred to the Pentagon supposedly making oversight by Congress more transparent and according to Daniel Klaidman, who first reported the shift at the Daily Beast it would also toughen the “criteria for drone” strikes and “strengthen the program’s accountability:”
Currently, the government maintains parallel drone programs, one housed in the CIA and the other run by the Department of Defense. The proposed plan would unify the command and control structure of targeted killings and create a uniform set of rules and procedures. The CIA would maintain a role, but the military would have operational control over targeting. Lethal missions would take place under Title 10 of the U.S. Code, which governs military operations, rather than Title 50, which sets out the legal authorities for intelligence activities and covert operations. [..]
Officials anticipate a phased-in transition in which the CIA’s drone operations would be gradually shifted over to the military, a process that could take as little as a year. Others say it might take longer but would occur during President Obama’s second term. [..]
uring that time, CIA and DOD operators would begin to work more closely together to ensure a smooth hand-off. The CIA would remain involved in lethal targeting, at least on the intelligence side, but would not actually control the unmanned aerial vehicles. Officials told The Daily Beast that a potential downside of the agency’s relinquishing control of the program was the loss of a decade of expertise that the CIA has developed since it has been prosecuting its war in Pakistan and beyond. At least for a period of transition, CIA operators would likely work alongside their military counterparts to target suspected terrorists.
Spencer Ackerman at The Wire, doesn’t think that this is much of a change. The CIA will still be involved telling military personnel what and who to target. Nor does Ackerman think that the program will be more transparent:
The congressional reporting requirements for so-called Title 50 programs (stuff CIA does, to be reductive) are more specific than those for Title 10 (stuff the military does, to be reductive). But the armed services committees tend to have unquestioned and broader oversight functions than the intelligence committees enjoy, not to mention better relationships with the committees: Witness the recent anger in the Senate intelligence committee that the CIA lied to it about its torture programs. The military is more likely than the CIA to openly testify about future drone operations, allow knowledgeable congressional staff into closed-door operational briefings and allow members of Congress to take tours of drone airbases.
As, Klaidman pointed out this could lead to even less transparency since there is nothing in the law that requires the military to account for its lethal operations while the CIA is obligated to report its activities.
Sen. Diane Feinstein (D-CA), the chair of the Senate Intelligence Committee which has oversight of the CIA, expressed her concerns
Feinstein told reporters her “mind, certainly, is not made up.” But she quickly added she has reservations about turning over to the military the CIA’s armed drone fleet and the missions they conduct.
During the last few years, she said, “We’ve watched the intelligence aspect of the drone program: how they function. The quality of the intelligence. Watching the agency exercise patience and discretion,” Feinstein said.
“The military [armed drone] program has not done that nearly as well,” she said. “That causes me concern. This is a discipline that is learned, that is carried out without infractions…. It’s not a hasty decision that’s made. And I would really have to be convinced that the military would carry it out that way.”
Sen. John McCain (R-AZ) preferred the program be transferred to Defense bringing it under the House and Senate Armed Services Committees:
“I believe the majority of the responsibility for this should rest with the military,” McCain told reporters Tuesday. [..]
“The majority of it can be conducted by the Department of Defense,” McCain said. “It’s not the job of the Central Intelligence Agency. … It’s the military’s job.”
Transferring the program to the Pentagon — and under the auspices of the House and Senate Armed Services committees — would create more “openness” and “oversight” and public hearings about the program, he said.
In reality, the Obama administration would still be running a secretive and questionably legal program.
Rachel Maddow, host of MSNBC’s “The Rachel Maddow Show,” gives a a short history of the CIA and talks with former congressman and now MSNBC contributor, Patrick Murphy, who served on the House Armed Services Committee, about oversight of the drone program.