volinbham
VN GURU
- Joined
- Oct 21, 2004
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When I was involved, every targeting decision required legal review with criteria for passing it up the chain for further review. We had criteria that allowed the local JAG attorney to state it was legal but other criteria that required review outside of military channels. For example, a clear target with low chance for collateral damage could be approved at the JTF level, but a target that was say, politically sensitive for some reason, might have to go to CENTCOM level or higher. I can't recall what point it would go over to the judicial branch but only recall that it did.
Of course when it did go over then it went to the secret court, which is its own can of worms...
My quick reading of that memo suggests no judicial review is deemed legally necessary.
Here's the bigger point for me. This memo is a CYA internal memo arguing why they believe they have the legal authority to do this.
Is it too much to ask that the internal assessment of legality be endorsed by the courts? IOW - make the case that this is legal and see if the courts agree with the internal interpretation.
As it stands, this administration wouldn't even explain their legal thinking. At a minimum this should see the light of day and be legitimized or ruled against.