The relevant executive order is Executive Order 12333 (issued by President Reagan in 1981, with later amendments). This order governs U.S. intelligence activities and explicitly prohibits assassinations. Section 2.11 states: “No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.”
This ban applies broadly, including to contractors or anyone “acting on behalf of” the government. It originated from earlier orders (like EO 11905 under Ford in 1976) in response to revelations of CIA involvement in assassination plots during the Cold War.
The U.S. government has conducted targeted killings (often via drones or special operations) since the post-9/11 era, particularly against al-Qaeda and associated groups. Administrations (Bush, Obama, etc.) have argued these are not “assassinations” but lawful acts of self-defense or wartime operations against combatants/terrorists posing imminent threats—not political assassinations banned by EO 12333.
Regarding contractors:
• There have been reports (e.g., around 2009) of the CIA exploring or using private contractors (like Blackwater/Xe) for aspects of targeted killing programs, such as planning, surveillance, or support.
• These raised legal and ethical concerns, as contractors might not have the same protections or accountability as government personnel, and could risk violating the assassination ban if directly involved in killings.
• Such programs were controversial, sometimes halted or scaled back (e.g., under Obama in some cases), but the core ban in EO 12333 remains in effect and has not been revoked or overridden by any “EO 1333.”
In summary, no executive order legalizes CIA-contracted assassinations. The standing prohibition under EO 12333 continues to apply, though interpretations allow certain targeted lethal actions in specific counterterrorism contexts (often debated as skirting or distinguishing from outright assassination)
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