So earlier today I see Marcy wrote about the newly-discovered CIA "significant actions":

 So for those who will, inevitably, immediately invoke EO 12333 in arguing that assassination is "illegal," please do your homework. EO 12333 apparently prohibits assassinations, but there’s no way we can guarantee that Bush didn’t pixie dust the EO back in 2001 when he set up his little assassination squad. Furthermore, an EO is just that, an EO, one that a President can change at will without even publicly informing Congress or the American people. While it counts as law for the Executive Branch, it is not the same as a law passed by Congress, and treating it as if it is is simple foolishness at this point.

And you don’t want to fuck with someone who will go right up to MSNBC’s face and start talking about blowjobs. So when I put together this just-published Washington Independent piece about how the agency’s drone strikes are both legal and coterminous with assassination, I stay far away from any EO 12333 mythmaking, and also interview people who know what they’re talking about. F’rinstance:

“Killing people during war is different from the U.S. government targeting specific persons, outside a battle zone, for killing,” said Vicki Divoll, a former lawyer for both the CIA’s Counterterrorist Center and the Senate Select Committee on Intelligence. “And even in the so-called war on terror, most lawyers who study this issue believe that targeted killing of a named terrorist falls within the ban in a presidential executive order that has been around since the Ford administration.”

 And:

But Richard Clarke, the White House counterterrorism czar under Presidents Bill Clinton and George W. Bush, said that the authority for using drone strikes against al-Qaeda does not emanate from the executive order. “The Predator strikes are justified as defensive measures and as authorized by Congress through its post 9/11 resolution,” Clarke said. During the Clinton administration, as documented by the 9/11 Commission report, officials determined that strikes against al-Qaeda targets were instances of anticipatory self-defense and therefore not violative of the assassinations ban.

“al-Qaeda was a military target,” Clarke said. “Targeting the leaders of a military is not a violation of EO 12333.”

I heard Jane Mayer just say on Olbermann that the NYT may be working on more about how this program — following the Guardian’s piece today — might have been a further move into assassinating al-Qaeda figures in nonpermissive allied countries. That makes more sense from the perspective of the program being actually alarming to Panetta. There’s a ton we still don’t know, and we should be careful about confusing hypotheses and conclusions, but if we’re willing to countenance aerial drone strikes against al-Qaeda targets — and concerns about counterproductiveness don’t take away from the fundamental question of permissibility; they address the wisdom of the strikes — then it’s hard to see how shooting someone is morally inferior.

However. It’s very, very easy to see how an assassinations squad let loose on the streets of Milan or Hamburg or rural Turkey or the Parisian suburbs or wherever could easily spiral out of control, in all manner of directions.

Update: And here’s the Shane/Mazzetti piece in the NYT that Jane hinted at on Olbermann. Highlight reel: It was a vague and unworkable plan for overseas, not domestic, hit squads for al-Qaeda; and it continued only in theory to find an alternative to the drone strikes that my piece was about. Basically the Bush administration wanted to create superheroes. This was counterterrorism by Rob Liefeld.