Obama signed off on taking out pirates By Nia-Malika Henderson & David S. Cloud | 4/12/09 @ 6:07 PM EST

President Barack Obama issued a standing order to use force against pirates holding an American captain hostage — including giving a Navy commander the authority to act if he believed the captain’s life was in danger, two senior defense officials said Sunday night.

Navy snipers aboard the USS Bainbridge on Sunday shot and killed three of the pirates after the Bainbridge’s commander gave the order, when a pirate was spotted aboard the lifeboat pointing an AK-47 rifle at Capt. Richard Phillips, one defense official said.

“The clear belief by the captain of the ship was that he was in imminent danger,” this official said.

The exact details of the shooting remain murky. The snipers fired after all three pirates became visible on the enclosed lifeboat where they were holding Phillips, a Navy official in Bahrain told reporters — giving the snipers the chance to kill all three at once, so that none would be left behind to harm Phillips.

Obama's involvement in the decision to authorize lethal force was legally required, officials said, because it was a hostage situation, not combat, and unrelated to the already authorized U.S. effort against Al Qaeda and other terror groups, officials said.

“It’s not a combat operation, so the lawyers wanted to ensure this was done right," said a second defense official.
See Also Hot contest over 'card check' continues Rick Warren explains cancellation Troops out of Iraq by 2011?

Phillips’ rescue brought to an end a tense five-day standoff that proved an early test for Obama, who said little about the case in public but behind the scenes received more than a dozen briefings on it, White House aides said.

A timeline provided by the White House showed he issued the orders to use force at 8 p.m. Friday, and again at 9:20 a.m. Saturday, after new Navy forces moved on to the scene. In both cases, he was first briefed by the National Security Council for an update on the situation.

The timeline suggests that planning for the rescue mission intensified Saturday evening, as the National Security Council updated Obama on “planning for hostage contingencies” at 6:30 p.m. At 12:30 p.m. Sunday, Obama received an update on “action leading to the rescue of Captain Phillips.” He called Phillips about 4 p.m. Sunday.



In a statement, Obama said, “We remain resolved to halt the rise of piracy in this region. To achieve that goal, we must continue to work with our partners to prevent future attacks, be prepared to interdict acts of piracy and ensure that those who commit acts of piracy are held accountable for their crimes," Obama said in a statement.

The defense officials also provided new details behind the rescue, noting that Bainbridge had been in contact with the pirates at one point. One of the pirates, a 16-year-old boy, had come onto the Bainbridge for medical attention and was speaking to the crew about the conditions under which Phillips might be released.

The seas had started getting rough and the lifeboat where the pirates were holding Phillips was dead in the water. So the pirates agreed to be towed out further from shore to calmer waters. During that time, the towline was shortened so that the life raft was only 25 to 30 yards from the Bainbridge.

At some point on Sunday, all three remaining pirates were spotted on the boat, including one holding the AK-47, and the authorization was given for the snipers to shoot. All three were killed and a smaller boat was dispatched from Bainbridge to pick up Phillips.

One defense official said it was very likely the surviving pirate would be prosecuted for piracy by the United States. Other pirates have been turned over to the Kenyans but "I don't think that will be the case here," this official said, adding that the specific decision to prosecute would be up to the Justice Department.

After calling on other countries to prosecute pirates the U.S. might feel it has to make an example of the youth in custody, this official said, though his age would have to be taken into account.

At a briefing in Bahrain, Vice Adm. William E. Gortney warned that the Navy’s use of force to Phillips could "escalate violence in this part of the world." Pirates ply the waters off the Somali coast, but it was a rare instance that they took an American flagged vessel with an American crew.

Jonathan Martin contributed to this report.