In his first public comments on the US drone campaign in Pakistan, President Obama described it as “a targeted, focused effort at people who are on a list of active terrorists who are trying to go in and harm Americans, hit American facilities, American bases, and so on.” In 2011, then-national security advisor to the president John Brennan said of the CIA drone campaign that “there hasn’t been a single collateral death because of the exceptional proficiency, precision of the capabilities we’ve been able to develop.” Popular American mythology in the Obama era has held that drones are the surgeon’s tool in the endless, global war on terror. American soldiers and spies can knock off terrorists without bogging down the military in ground occupations, or killing civilians. 

So says the myth. The reality is starkly different, according to scholar Micah Zenko.

Zenko examined civilian deaths from US military operations and found that drones kill more civilians than do piloted US aircraft—not fewer. “Drones are far less precise than airstrikes conducted by piloted aircraft, which themselves also conduct “precision strikes.” Drones result in far more civilian fatalities per each bomb dropped,” Zenko writes.

Zenko’s analysis shows us that the claims officials have long made about the supposed accuracy of drone strikes are dead wrong. But we don’t know why, in part because the US government refuses to disclose basic information about how it designates drone targets, or under what circumstances commanders order killings. It could be, as Zenko posits, “that the standards that need to be met before authorizing a [drone] strike are less rigid than Obama’s purported principle of “near certainty that the terrorist target is present.” This wouldn’t be surprising given that Obama continued the George W. Bush administration’s practice of “signature strikes” — killing anonymous suspected militants who appear to be associated with terrorists based upon their observable activity.”

If that’s the case, the US public and the victims of drone strikes have a right to know. But government secrecy and judicial evasiveness have conspired to keep us all in the dark about even the most basic legal theories upon which the CIA and military base their drone programs.

That secrecy has recently been reified. Just last week, a Washington D.C. federal appeals court tossed an ACLU lawsuit against the CIA seeking information about its drone operations. The court sided with the government, holding that releasing information about the drone program “could reasonably be expected to damage national security.” 

As ACLU attorney Jameel Jaffer said, “Secret law is always invidious, but it’s particularly so here because of the subject matter.” Now we know the stories officials have been telling us for years about the laser-like accuracy of drone strikes are false. But thanks to secret law, we don’t know why.