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Domestic issues Election 2008 Liberalism Politics The War on Terrorism

Linda Chavez’s unhinged “patriotism”

Linda Chavez wrote in an article that originally appeared in the New York Post about “Liberal patriotism” that real patriotism understands these simple facts:

Our elected officials don’t make America great, nor do temporal policies. America is great because of its people, its defining institutions and its freedoms.

As a liberal and a patriot, I agree with Ms. Chavez. At least in this instance. But somehow, Ms. Chavez manages to praise America’s “defining institutions and its freedoms” ((Which must obviously include the Congress, the courts, the laws of the land, and the Bill of Rights.)) while endorsing the power of the executive branch to break the law, violate the freedoms of its citizens without due process, violate the Bill of Rights, and even torture. Ms. Chavez’s understanding of patriotism itself is so tortured that she manages to decry – at a full column’s length – a candidate’s spouse’s off-the-cuff remark as demonstrating a nefarious anti-freedom-ism while applauding that the Attorney General, in his considered testimony, refused to reject “cruel and inhuman treatment” of prisoners as is Constitutionally required of him.

Somehow, “freedom” – in the sense Ms. Chavez uses the term – has nothing to do with violating civil liberties. And upholding the “defining institutions” of America sometimes requires breaking the law. Those who seek to uphold the law – or who are embarrassed by the blatant lawlessness – are not considered patriots. Instead, they “put politics before the national interest” and give “aid and comfort to the enemy” while trying to “hamper the military’s ability to fight…effectively.” There is a more sympathetic way to view Ms. Chavez’s inflammatory and extreme rhetoric but she certainly doesn’t encourage anyone who disagrees with her in the slightest to attempt to find it.

To some extent, I ask myself: why do I even care about what this woman is writing? She may be wrong; she may be using her position as a syndicated columnist to promote lies and unfairly attack good people. Isn’t it a standard “conservative” line that liberals are in fact traitors by their very nature? ((See anything Ann Coulter has said in the past decade, and much of what Bill O’Reilly and Sean Hannity have said.)) But at this point, is it even newsworthy that a “conservative” political commenter regularly calls the majority of Americans “America-haters” – and worse?

Maybe not. But it is worth pointing out again – and again – that as these hacks drape themselves with the Stars and Stripes, they undermine the very freedoms and attack the very people they claim to admire.

There is a reasonable argument to be made in favor of torture, law-breaking, and freedom-impingement. But it involves compromises our core values in the face of enemy aggression. That’s an argument no hack wants to make.

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Liberalism Libertarianism Politics The War on Terrorism

Torture, law-breaking, and the American way

The debate over torture and the many other instances of law-breaking that have become the modus operandi of the Bush administration’s War on Terrorism has been distorted from the start. The liberals and libertarians who opposed warrantless wiretapping, torture, extraordinary rendition, and other legal, but questionable, tactics used by the Bush administration were – from the start – painted as giving “aid and comfort to the enemy.” The Republicans continue to say: “We just want to make America safe.” This is usually paired with an explicit or implicit message that, “Those who oppose us are weak.”

Liberals and libertarians have yet to find an effective way to respond to this argument – at least on a national level. I think the best approach is to point out that the Republican “strategy” is to preemptively surrender American liberties and the primacy of the rule of law out of fear. Acting out of fear is weak. This line of attack puts us back on the path to the argument we should be having – about the balance that needs to be struck between liberty and security.

It has become an aphorism that in order for a government to succeed in the fight against terrorism, it must win 100% of the time; but for a terrorist to succeed, they only need a single victory. Any counter-terrorism expert will concede that it is impossible to prevent terrorism 100% of the time. In trying to determine the balance we need between liberty and security, this must be a factor. For if we decide to give up certain rights temporarily to prevent terrorism – when there is another attack, it will be presumed that the government will need to go yet another step in taking rights to prevent the next attack. It is a cycle that leads – inevitably – to totalitarian government.

This is why for the good of the American experiment, for our way of life, we need to ensure that arguments over national security do not devolve into questions of “Who is passively supporting terrorism?” The Republicans – by launching this line of attack – are paving the road to serfdom in a way that any true conservative knows we must avoid. By framing the issue in this way – presumably merely for temporary political gain – they are preparing the American people to accept further deteriorations of liberties.

If one is to view the Republican’s position without context – as they defend the near indefensible – you can see how it is effective. By focusing on our worst fears, morality becomes skewed. But the Republican line of attack – even without proper context – inevitably raises tough questions: Would torture be moral if it was done to prevent a nuclear disaster? Would assassination? Would murdering an infant? If the stakes are so high – morality and legality become irrelevant.

By applying the “one percent doctrine” of acting as if one’s worst fears were imminent when there is an infinitesimal chance of these fears being realized, the Bush administration has taken the most extreme circumstances that might justify an exception and made them into normal policy. The Bush administration’s policy reflects fear rather than due consideration.

Republican commenters always bring up the “ticking time-bomb scenario” to justify torture. They say: under these circumstances, if your family and tens of thousands of others would die if you didn’t torture this man, wouldn’t you torture him?  ((I am trying here to view the argument in favor of torture as sympathetically as possible.  I know – and have written before – about how torture has generally been used to get confessions rather than to ascertain the truth. I doubt the efficacy of torture; psychologically, it makes little sense that it would cause individuals to “tell the truth”.  I have yet to see any significant studies of the effects of torture to wring the truth out of individuals – although I can see how it would be a difficult field to study.  You can’t very well torture people in a scientific study.))

I would.

And if the President of the United States believes that tens of thousands would die if he or she did not order the torture of an individual, would you expect the president to follow the law and refrain from torturing?

No – I would expect the president to order the person to be tortured.

But though Republicans make this argument to show that torture should be legal, it proves no such thing. Under either of the two above circumstances, the individual who made the decision to break the law should be held accountable to the law. If the president has ordered that a man be tortured because he thought it was necessary, he should go before the American people – and a duly constituted court of law – and explain what he did, and why he did it. If he does not do so, then until this is corrected, we cannot be considered a constitutional democracy – a nation where laws are above all individuals, no matter their position.

The biggest problem with the Republican arguments is that they are trying to make the exceptional circumstances the policy of the American government. What we must strive for instead is a balance between liberty and security.

Categories
Domestic issues Law Politics The War on Terrorism

Soft on crime

If we punish lawbreaking, they might not break the law again

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Foreign Policy The War on Terrorism

The Jihad Bunny

It might be funny if it weren’t so disturbing.

(h/t Sullivan)

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Iraq Politics The War on Terrorism

Passive support for al-Qaeda

The National Review continues to push the long-discredited understanding of the Iraqi insurgency with this article in the current magazine describing:

a realistic and detailed picture of the enemy … in Fallujah… — “an insurgent global all-star team” that included “Chechen snipers, Filipino machine gunners, Pakistani mortar men, and Saudi suicide bombers.” The insurgents were not ordinary Iraqis fighting for their freedom against an invading power — but international Islamic militants supported by al-Qaeda.

The U.S. government estimates [pdf] that the insurgency in Iraq is made up of approximately 4% to 10% foreign fighters. This was widely reported in 2005 and 2006.

Keeping with the “fair and balanced” approach to news that let’s “you decide!” ((Aren’t FoxNews and the National Review basically the same thing?)) , the article concludes:

I’ll leave it to you to decide where passive support for al-Qaeda still persists.

Categories
Politics The War on Terrorism

Trial lawyers want to protect your civil liberties!

Just kidding.

Here’s Dan Froomkin of the Washington Post eviserating Mr. Bush and his press secretary over the warrantless wiretapping mess:

The ratio of useful information to hyperbole in White House press briefings has gotten dramatically worse under press secretary Dana Perino.

Here are just a few of the argumentative, nonfactual statements from yesterday’s briefing regarding the furious political battle over warrantless wiretapping.

“[L]ook, the President’s most solemn obligation is to protect the American people. And in some ways it seems that the House Democrats’ most solemn obligation is to help protect the trial lawyers – they’re the ones who have brought all these lawsuits.”

The leading lawsuits, of course, have been filed by non-profit public-interest groups such as the Electronic Frontier Foundation and the American Civil Liberties Union.

“Q If this is such a big deal, why didn’t the President accept another extension?

“MS. PERINO: Because the House couldn’t even pass an extension bill, even if they had wanted to. They couldn’t pass it.”

They couldn’t pass it because Republicans voted against it – on instructions of the White House.

It didn’t take long for the White House to start echoing Karl Rove about how “trial lawyers” want to protect consumer privacy. I guess old habits die hard.  I’m sure this line of attack made it’s way to the White House via Mr. Rove’s role as “an informal adviser”.

Categories
Foreign Policy Law Morality The War on Terrorism

I Don’t Like Waterboarding

[digg-reddit-me]Jonah Goldberg at the National Review believes that the debate over American torture is “stinks of political opportunism.” He apparently missed the point made by Morris David, the chief prosecutor for the military commissions in Guantanamo this weekend in the Times. And he apparently doesn’t care to take into account the fact that torture often produces false evidence. But he does have this to say:

I don’t like waterboarding, and I hope we never use it again. I have respect for those who believe it should be banned in all circumstances. But I do not weep that Khalid Sheikh Mohammed spent somewhere between .03 and .06 seconds feeling like he was drowning for every person he allegedly helped murder on 9/11.

Then again, I think it would be horrific if we used that logic to justify waterboarding. It’s not a technique that should be used for punishment. Nor do I think that evidence obtained from forced confessions should be used in trial. Those are paving stones on the road to a torture state.

Reading this, I guess that Mr. Goldberg and me have more in common than meets the eye. But what Mr. Goldberg doesn’t acknowledge here is that whether or not “coerced interrogations” will be used as evidence is still an open question in the upcoming trials of the “Guantanamo Six”. More important, he doesn’t deal with the executive acceptances of torture – from redefining it to mean only “pain equivalent to death or major organ failure” as John Yoo did while advising President Bush, to the many less dramatic instances where evidence of torture was “lost” or destroyed, as lower level employees were blamed for following vague directives to “take off the gloves”.

I think many sympathize with Mr. Goldberg’s formulation – of not caring for torture, but not caring about the fates of these mass murderers.

What Mr. Goldberg doesn’t seem to get is that he is not just apathetic about the torture of men who likely deserve it – he is also giving the President of the United States, an individual in a position of extreme power, a license to break the law when subservience to the law is the only thing that separates a President from a King.

If the President believes he or she must break the law in order to save lives, and judges that breaking the law is the only course available – then he or she should do so. But upon breaking the law, they must then submit to it. For if an individual is able to break the law with impunity, the entire system breaks down.

Categories
Law Politics The War on Terrorism

Jose A. Rodriguez, Jr.

Mark Mazzetti and Scott Shane of the Times have a solid piece today on Jose A. Rodriguez, Jr., the former head of CIA’s Directorate of Operations.  The piece seems to suffer from a bit too much editing – but it gives the reader a flavor of the lurking back story behind Mr. Rodriguez’s role in the destruction of the interrogation tapes.

As an example of editing gone wrong, the story begins with this intriguing opening:

It would become known inside the Central Intelligence Agency as “the Italian job,” a snide movie reference to the bungling performance of an agency team that snatched a radical Muslim cleric from the streets of Milan in 2003 and flew him to Egypt — a case that led to criminal charges in Italy against 26 Americans.

That’s about as far into the matter as this story goes – although I’m sure the story isn’t breaking here for the first time.

I was left with both an admiration for Mr. Rodriguez’s character and an anger that it seems unlikely that he will face any consequences for blatantly and deliberately breaking the law.  His lawyer characterizes the coda that led him to destroy the interrogation videos as well as cover up the abuses in “the Italian Job” operation as this: “I’m not going to let my people get nailed for something they were ordered to do.”

In describing his reason for destroying the tapes, the Times concludes:

Mr. Rodriguez, who was nearing retirement, saw the tapes as a sort of time bomb that, if leaked, threatened irreparable damage to the United States’ image in the Muslim world, his friends say, and posed physical and legal risks to C.I.A. officers on them.

Again – I sympathize with him.  And his distrust of the administration – as well as any political administration – is well-founded.  Sympathy cannot override the necessary condition of any free society: that the law must be held above any individual.

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Election 2008 Morality The War on Terrorism

We don’t do stuff like that very often.

Morris Davis, an Air Force colonel, who was the chief prosecutor for the military commissions at Guantánamo Bay, Cuba, from 2005 to 2007 made a powerful point by telling this story from American history:

Twenty-seven years ago, in the final days of the Iran hostage crisis, the C.I.A.’s Tehran station chief, Tom Ahern, faced his principal interrogator for the last time. The interrogator said the abuse Mr. Ahern had suffered was inconsistent with his own personal values and with the values of Islam and, as if to wipe the slate clean, he offered Mr. Ahern a chance to abuse him just as he had abused the hostages. Mr. Ahern looked the interrogator in the eyes and said, “We don’t do stuff like that.”

Today, Tom Ahern might have to say: “We don’t do stuff like that very often.”

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Election 2008 Foreign Policy Humor Iraq McCain Obama Politics The War on Terrorism

Like Hope, But Different

I appreciate Senator John McCain’s frankness. Especially in contrast to the political styles of Senator Hillary Clinton and President George W. Bush.