By Kenric Ward | Watchdog.org Virginia Bureau
FREDERICKSBURG — Gov. Bob McDonnell and President Obama have at least one policy in common: They’re staying mum on government use of surveillance drones.
Speaking vaguely about “a range of capabilities,” the president never mentioned the unmanned aerial craft during his State of the Union address Tuesday night.
Virginia’s Republican governor isn’t saying whether he will sign or veto legislation to place a two-year moratorium on drones within the commonwealth.
Approved overwhelmingly by the House and awaiting action in the Senate, House Bill 2012 would prohibit state and local law enforcement from using drone technology until July 1, 2015.
Earlier this month, Charlottesville passed a resolution curbing the use of drones within the city limits, and Seattle followed suit when its mayor ordered the police department to drop plans to deploy drones. At least 11 states are considering legislation to restrict drone use.
The drone issue heated up when the Obama Justice Department belatedly released a secret legal brief outlining the administration’s case for the targeted killing of terrorists — including U.S. citizens.
Obama on Tuesday night made a passing reference to lethal-force operations, which include the deployment of drones.
“We must enlist our values in the fight,” Obama said in a portion of his address dedicated to the “range of capabilities” U.S. forces would deploy against suspected terrorists.
“In the months ahead, I will continue to engage with Congress to ensure not only that our targeting, detention and prosecution of terrorists remains consistent with our laws and system of checks and balances, but that our efforts are even more transparent to the American people and to the world.”
That was small solace to John Whitehead, president of the Virginia-based Rutherford Institute.
“The urgency of formulating legislative safeguards to address the rapid, uncritical adoption of drone technology around the country cannot be understated,” said Whitehead.
“No matter where one stands on the issue of drone use domestically, it is clear that we need to take a well-reasoned approach to how drone technology will be implemented and what safeguards are necessary to ensure that Americans’ safety, privacy and civil liberties are not jeopardized.”
While Rutherford has circulated draft resolutions that cities and states can use to curb drone operations, the American Civil Liberties Union doubts they will have much effect. The ACLU has flatly declared that states won’t be able to stop federal agencies or border agents from using drones.
Last year, McDonnell expressed support for police use of drones. Commenting on WTOP radio last May, he called it “great … absolutely the right thing to do.”
Asked by Watchdog on Monday to comment on HB 2012, McDonnell press secretary Jeff Caldwell said only that the governor “will review the legislation when it reaches his desk.”
The Federal Aviation Administration Reauthorization Act, quietly signed into law by Obama last year, authorized the domestic use of drones for a wide range of functions, both public and private, governmental and corporate.
The FAA predicts that 30,000 drones could be aloft in U.S. airspace by 2020.
Virginia already has several designated launch sites, according to FAA records. They include Virginia Commonwealth University in Richmond, Virginia Tech University in Blacksburg, a U.S. Marine Corps facility north of Fredericksburg and the Defense Advanced Research Products Agency in Arlington.
A top FAA official said Wednesday no armed drones will be permitted to fly in U.S. airspace.
“We currently have rules in the books that deal with releasing anything from an aircraft, period,” said Jim Williams, head of the agency’s Unmanned Aircraft Systems Integration Office.
“Those rules are in place and that would prohibit weapons from being installed on a civil aircraft,” he was quoted by the Washington Times. “We don’t have any plans of changing (those rules) for unmanned aircraft.”
But Williams declined to answer whether drones could be armed when patrolling U.S. borders.
Manufacturers have confirmed that drones can be equipped with automatic weapons, grenade launchers, tear gas and Tasers.
Contact Kenric Ward at [email protected] or at (571) 319-9824. @Kenricward