But targeted assassination by a U.S. intelligence agency was illegal

Friday, April 25th, 2025

Area 51 by Annie JacobsenIt was January of 2001, Annie Jacobsen explains (in Area 51), and the director of the CIA’s Counter­terrorism Center, Cofer Black, had a serious problem:

The CIA had been considering assass­inating Osama bin Laden with the Predator, but until that point, the unmanned aerial vehicle had been used for reconnaissance only, not targeted assassination. Because two technologies needed to be merged—the flying drone and the laser-guided precision missile—engineers and aerodynamicists had concerns. Specifically, they worried that the propulsion from the missile might send the drone astray or the missile off course. And the CIA needed a highly precise weapon with little possibility of collateral damage. The public would perceive killing a terrorist one way, but they would likely perceive killing that terrorist’s neighbors in an altogether different light. This new weaponized drone technology was tested at Area 51; the development program remains classified. After getting decent results, both the CIA and the Air Force were confident that the missiles unleashed from the drone could reach their targets.

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But targeted assassination by a U.S. intelligence agency was illegal, per President Ronald Reagan’s Executive Order 12333, and since the situation required serious examination, State Department lawyers got involved.

There was one avenue to consider in support of the targeted-killing operation, and that was the fact that the FBI had a bounty on the man’s head. By February of 2001, the State Department gave the go-ahead for the assassination.

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Bin Laden’s compound was called Tarnak Farm, and a number of high-profile Middle Eastern royal family members were known to visit there.

To determine collateral damage, the CIA and the Air Force teamed up for an unusual building project on the outer reaches of Area 51. They engineered a full-scale mock-up of Osama bin Laden’s compound in Afghanistan on which to test the results of a drone strike. But while engineers were at work, CIA director George Tenet decided that taking out Osama bin Laden with a Hellfire missile–equipped Predator drone would be a mistake. This was a decision the CIA would come to regret.

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The CIA had sent drones on more than six hundred reconnaissance missions in the Bosnian conflict, beginning in 1995. CIA drones had provided intelligence for NATO forces in the 1999 Kosovo air campaign, collecting intelligence, searching for targets, and keeping an eye on Kosovar-Albanian refuge camps. The CIA Predator had helped war planners interpret the chaos of the battlefield there. Now, the Air Force needed the CIA’s help going into Afghanistan with drones.

The first reconnaissance drone mission in the war on terror was flown over Kabul, Afghanistan, just one week after 9/ 11, on September 18, 2001. Three weeks later, the first Hellfire-equipped Predator drone was flown over Kandahar. The rules of aerial warfare had changed overnight. America’s stealth bombers were never going to locate Osama bin Laden and his top commanders hiding out in mountain compounds. Now pilotless drones would be required to seek out and assassinate the most wanted men in the world.

Although drones had been developed and tested at Area 51, Area 52, and Indian Springs for nearly fifty years, the world at large would come to learn about them only in November of 2002, when a drone strike in Yemen made headlines around the world. Qaed Salim Sinan al-Harethi was a wanted man. A citizen of Yemen and a senior al-Qaeda operative, al-Harethi had also been behind the planning and bombing of the USS Cole two years before. On the morning of November 2, 2002, al-Harethi and five colleagues drove through the vast desert expanse of Yemen’s northwest province Marib oblivious to the fact that they were being watched by eyes in the skies in the form of a Predator drone flying several miles above them.

The Predator launched its missile at the target and landed a direct hit. The al-Qaeda operatives and the vehicle were instantly reduced to a black heap of burning metal. It was an assassination plot straight out of a Tom Clancy novel, except that it was so real and so dramatic—the first visual proof that al-Qaeda leaders could be targeted and killed—that Assistant Secretary of Defense Paul Wolfowitz began bragging about the Hellfire strike to CNN. The drone attack in Yemen was “a very successful tactical operation,” Wolfowitz said. Except it was supposed to be a quiet, unconfirmed assassination. Wolfowitz’s bravado made Yemen upset. Brigadier General Yahya M. Al Mutawakel, the deputy secretary general for the People’s Congress Party in Yemen, gave an exclusive interview to the Christian Science Monitor explaining that the Pentagon had broken a secrecy agreement between the two nations. “This is why it is so difficult to make deals with the United States,” Al Mutawakel explained. “They don’t consider the internal circumstances in Yemen. In security matters, you don’t want to alert the enemy.”

Yemen pushed back against the United States by outing the secret inner workings of the operation. It was the U.S. ambassador to Yemen, Edmund Hull, an employee of the State Department, who had masterminded the plot, officials in Yemen explained. Hull had spearheaded the intelligence-gathering efforts, a job more traditionally reserved for the CIA. Hull spoke Arabic. He had roots in the country and knew people who knew local tribesmen in the desert region of Marib. The State Department, Yemen claimed, was the agency that had bribed local tribesmen into handing over information on al-Harethi, which allowed the CIA to know exactly where the terrorist would be driving and when. Revealing Ambassador Hull to be the central organizing player in the drone strike exposed the Department of State as having a hand in not just the espionage game but targeted assassination as well. Surprisingly, little fuss was made about any of this, despite the fact that diplomats are supposed to avoid assassination plots.

In political circles, Ambassador Hull was greatly embarrassed. He refused to comment on his role in what signaled a sea change in U.S. military assets with wings. The 2002 drone strike in Yemen was the first of its kind in the war on terror, but little did the public know that hundreds more drone strikes would soon follow. The next one went down the very next week, when a Predator targeted and killed al-Qaeda’s number-three, Mohammed Atef, in Jalabad, Afghanistan. As the war on terror progressed, some drone strikes would be official while others would go unmentioned. But never again would the CIA or the State Department admit to having a hand in any of them. When Mohammed Atef was killed, initial reports said a traditional bomber aircraft had targeted and destroyed Atef’s home. Only later was the strike revealed as being the work of a Predator drone and a targeted assassination spearheaded by the CIA.

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No longer used only for espionage, the Predator got a new designation. Previously it had been the RQ-1 Predator: R for reconnaissance and Q indicating unmanned. Immediately after the Yemen strike, the Predator became the MQ-1 Predator, with the M now indicating its multirole use.

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A second Predator, originally called the Predator B, was also coming online. Described by Air Force officials as “the Predator’s younger, yet larger and stronger brother,” it too needed a new name. The Reaper fit perfectly: the personification of death. “One of the big differences between the Reaper and the Predator is the Predator can only carry about 200 pounds [of weapons]. The Reaper, however, can carry one and a half tons, and on top of carrying Hellfire missiles, can carry multiple GBU-12 laser-guided bombs,” said Captain Michael Lewis of the Forty-second Wing at Creech Air Force Base. The General Atomics drones were single-handedly changing the relationship between the CIA and the Air Force. The war on terror had the two services working together again, exactly as had happened with the advent of the U-2.

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From 2003 to 2007 the number of drone strikes rose incrementally, little by little, each year. Only in 2008 did the drones really come online. During that year, which included the last three weeks of the Bush administration, there were thirty-six drone strikes in Pakistan, which the Air Force said killed 268 al-Qaeda and Taliban. By 2009 the number of drone strikes would rise to fifty-three.

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