What Have We Done: Executive Power, Drones, and Trump

The news is rife with President Trump’s threatened and actual military misadventures: in Syria, Yemen, and North Korea. But these military actions take on a new gravity considering the vast and secret powers Trump inherited.

Former President Obama escalated the use of drone strikes – including in non-battlefield arenas such as Libya, Pakistan, Somalia, and Yemen – so it is no surprise that President Trump has continued with abandon. While Obama put some constraints on drones, Trump gave the secretive, unaccountable CIA new authority to conduct drone strikes against “suspected militants.”

Specifically, President Obama’s constraints on drones included that targets pose an “imminent threat,” that their capture is “not feasible,” and that there be “near certainty” civilians will not be injured or killed. However, Obama didn’t always hew closely to his own policy, which evolved throughout his Presidency as legitimate criticism of drone strikes increased. One of the most famous Americans targeted and killed by a drone, al Qaeda propagandist Anwar al-Awlaki, met none of the early purported criteria. Still, the Justice Department under Obama maintained that the President had the unilateral authority to target and kill American citizens like al-Awlaki. That power now rests with President Trump who has undertaken aggressive and messy military actions in the early days of his presidency.

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