WASHINGTON - February 16 - Congressman Dennis J. Kucinich (D-OH), Ranking Member of the House Government Subcommittee on National Security, Emerging Threat and International Relations, sent the following letter today to Porter Goss, the Director of the Central Intelligence Agency:

Dear Director Goss:

I call upon you to suspend the use of Predator drones for aerial assassination in the war on terror. The program merits a critical examination by the Agency, with particular regard to the high toll in innocent civilian life caused by Predator attacks, and the questionable legal authority for the program. The Agency should report its findings and conclusions to the appropriate committees of Congress.

Since September 11, 2001, the CIA has used Predator drones armed with missiles in its "targeted killing" program to assassinate members of al Qaeda. In the latest use of armed Predator drones in Damadola, Pakistan, the CIA intended to assassinate Ayman al-Zawahiri, al Qaeda's Number 2. The attack failed to get its target. But it did kill 18 innocent bystanders.

Following the Damadola attack, thousands of Pakistani protesters rallied in the streets chanting "Long Live Osama!" and burning President Bush in effigy. In that crowd there were surely new recruits for al Qaeda, not to mention the hundreds of enemies we made among the relatives and friends of the slain innocent.

The killing of innocent bystanders that always seems to result from Predator aerial attacks is a counterproductive consequence of the war on terror. American efforts to combat al Qaeda should not lead to an increase in public sympathy for al Qaeda, for that brings with it a steady source of new recruits. As you know, adverse, unintended consequences of secret US actions - such as bolstering al Qaeda's recruitment even as we attack al Qaeda leaders -- is known at the CIA as "blowback."

In addition to being counterproductive, the "targeted killing" program also seems to run afoul of international and U.S. law. It has been reported that the CIA usually gets approval from host countries before targeted killings, yet there are exceptions in which the host country gives no approval and has no knowledge of the attack. This seems to be the case in the Damadola attack. Such unauthorized attacks undermine the sovereignty of those nations and violate international law.

It does not help America's cause in the war on terror that the U.S. insists that its conduct should be above international law. Yet that is precisely what the U.S. has claimed. Following the CIA's 2002 Predator strike in Yemen, the U.N. issued a report that the attack violated international laws and treaties. In response, the Administration said it does not recognize the mandate of the U.N. special body in connection with its military actions against al Qaeda.

The "targeted killing" program may also violate U.S. law. Intelligence experts that are both proponents and opponents of the targeted killing program have admitted the unclear legal grounds for the program. Paul Pillar, a former CIA deputy counter-terrorism chief, said in an interview that the legal authority for such attacks was murky. He has further claimed that the legality of targeted killings has long been disputed in the intelligence community. Advocates of the program have inferred that because the CIA program lacks a clear and developed legal progress, the program is not as effective as it could be.

In view of these concerns, I ask you to order a temporary suspension of the Predator drone "targeted killing" program, pending:

1) an assessment by CIA of: a) the extent of killing and maiming innocent bystanders and mistaken targets in the "targeted killing" program, b) the damage to Muslim public opinion of the U.S., and c) the number of new recruits to al Qaeda and similar organizations attributable to "collateral damage" caused by the program;
2) an examination of the legal justification for the "targeted killing" program, and
3) a report of your findings and conclusions to the appropriate committees of Congress.

I look forward to your response.

Sincerely,

Dennis J. Kucinich
Member of Congress

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