Following Barack Obama's significant electoral victory, the ways in which the President will interpret his new "mandate" are still very much up for debate. While pundits, many of whom got the election seriously wrong, fumble to come up with new predictions, an analysis of Obama's track record and statements on national security policy can be quite illuminating. Two momentous stories of the past few weeks can help us evaluate current and future prospects for our Constitutional rights, a year after Osama bin Laden's death and a decade after 9/11. One grim harbinger of what's to continue: a nighttime drone strike in Yemen that killed three "al-Qaida militants" was carried out within 24 hours of Obama's victory speech.
But even more important was the bombshell story that appeared in the Washington Post on October 23, revealing the existence of a new database within the National Counterterrorism Center (NCTC) that will list suspected terrorists and militants slated for extrajudicial assassination. The article details the creation of a "next-generation targeting list called the "disposition matrix'" which "contains the names of terrorism suspects arrayed against an accounting of the resources being marshaled" to kill them, including the ability to map "plans for the "disposition' of suspects beyond the reach of American drones."
Additionally, on October 29, the Supreme Court heard oral arguments in Amnesty v. Clapper, evaluating a lawsuit filed by journalists, human rights workers, and lawyers, who claimed that their jobs are unnecessarily hampered by the specter of the National Security Agency eavesdropping on their communications with clients overseas. As described by the Electronic Frontier Foundation (EFF), "the [Supreme] Court will essentially determine whether any court" can rule on whether the [National Security Agency]'s targeted warrantless surveillance of Americans' international communications violates the Constitution."
What do NSA's warrantless wiretapping program and the Obama administration's recently developed "disposition matrix" have to do with one another? Two points resound in particular. First, both are only able to function in an environment of total secrecy. Also, they represent significant advances in the codification of a new norm for U.S. national security policy--one very much at odds with the constitutionally limited Commander-in-Chief of common lore.
Perhaps even more ominously, the infrastructure development of the Obama administration's policy of targeted killing signals a creeping move toward domestic application. As drone technology continues to be imported home, the convergence of the kill-list(s) within the NCTC bureaucracy--which houses huge repositories of both domestic and foreign intelligence with no probable cause of criminality--is a foreboding development in this saga of eroding checks and disappearing balance.
Climbing Out of the Abyss, Jumping Back In
Unknown to the American people and to much of their government until the late 1970's, NSA has enjoyed free rein to intercept the electronic communications of Americans and foreigners since its secret inception in 1952. To those who were familiar with it, the uniform joke was that NSA stood for "No Such Agency," an indication of its covert and prized status within the intelligence community.