You know, the word “hero” gets tossed around a lot these days. That’s not to say there aren’t heroes in our midst, there certainly are, but sometimes it’s just a good idea to sit back for a second and reflect on the word and its real meaning.
If you’re a fan of the HBO series “Band of Brothers”, then you know what real heroes look like. The paratroopers of Easy Company, 2nd Battalion, 506th Parachute Infantry Regiment of the 101st Airborne Division were soldiers we got to know during that series through the depiction of their heroic actions throughout the unit’s fight through Europe.
They became real people on the screen. That’s because we got to know the real people the actors were portraying in a series of interviews with the survivors of the unit which were cut in at intervals throughout the film.
Well, with little notice or fanfare, one of Easy Company’s heroes made his final jump on June 17th of this year. SSG Darrell “Shifty” Powers has joined the 101st immortals, passing away last month as a result of cancer. Unfortunately, but not surprisingly, his death barely got a notice.
Today, members of the milblog community are holding a virtual memorial for Shifty Powers, a man who helps define the word hero. Here’s a portion of an email that has gone viral which does a much better job than I can in giving you an idea of who Shifty Powers was:
Shifty volunteered for the airborne in WWII and served with Easy Company of the 506th Parachute Infantry Regiment, part of the 101st Airborne Infantry.
If you’ve seen Band of Brothers on HBO or the History Channel, you know Shifty. His character appears in all 10 episodes, and Shifty himself is interviewed in several of them.
I met Shifty in the Philadelphia airport several years ago. I didn’t know who he was at the time. I just saw an elderly gentleman having trouble reading his ticket. I offered to help, assured him that he was at the right gate, and noticed the “Screaming Eagle”, the symbol of the 101st Airborne, on his hat.
Making conversation, I asked him if he’d been in the 101st Airborne or if his son was serving. He said quietly that he had been in the 101st.
I thanked him for his service, then asked him when he served, and how many jumps he made. Quietly and humbly, he said “Well, I guess I signed up in 1941 or so, and was in until sometime in 1945 . . . ” at which point my heart skipped.
At that point, again, very humbly, he said “I made the 5 training jumps at Toccoa, and then jumped into Normandy . . . . do you know where Normandy is?”
At this point my heart stopped. I told him yes, I know exactly where Normandy was, and I know what D-Day was.
At that point he said “I also made a second jump into Holland, into Arnhem.”
I was standing with a genuine war hero . . . . and then I realized that it was June, just after the anniversary of D-Day. I asked Shifty if he was on his way back from France, and he said “Yes. And it’s real sad because these days so few of the guys are left, and those that are, lots of them can’t make the trip.”
My heart was in my throat and I didn’t know what to say. I helped Shifty get onto the plane and then realized he was back in Coach, while I was in First Class. I sent the flight attendant back to get him and said that I wanted to switch seats.
When Shifty came forward, I got up out of the seat and told him I wanted him to have it, that I’d take his in coach. He said “No, son, you enjoy that seat. Just knowing that there are still some who remember what we did and still care is enough to make an old man very happy.” His eyes were filling up as he said it. And mine are brimming up now as I write this.
Today is a day to remember what he did and reflect on that. Of course his understated “I made the 5 training jumps at Toccoa, and then jumped into Normandy” doesn’t even begin to describe what jumping into Normandy entailed:
“I could hear bullets and shrapnel hitting the plane. As I jumped out the door, I could see that the left motor was on fire.” – Darrell Shifty Powers talking about jumping over Normandy, France, on D-Day.
Real heroes really don’t talk about it much, and they usually don’t include themselves when they do.
There are some real heroes that live among us and they deserve more than just a passing notice when they die. Shifty Powers was one of those heroes.
May he rest in peace and in the acclaim for his deeds he so richly deserves.
From this day to the ending of the world,
But we in it shall be remembered-
We few, we happy few, we band of brothers;
For he to-day that sheds his blood with me
Shall be my brother
Obviously, as one with a severe bent towards freedom, I think it is always advisable to keep a close eye on what our government is doing. Especially when it comes to said government granting itself extraordinary powers over the conduct of our lives, and/or over our liberty, in light of particular opinions we might hold, or because of the people we hang around with. The danger in allowing the government latitude to impinge upon our liberty in such cases should be apparent. However, sometimes people start seeing a red under their bed, or a little yellow man in their head, and act just a wee bit paranoid about actions that the government has proposed.
… legislation quietly making its way through Congress would give the White House power to categorize political opponents as hate groups and even send Americans to detention centers on abandoned military bases.
Rep. Alcee Hastings – the impeached Florida judge Nancy Pelosi tried to install as chairman of the House Intelligence Committee until her own party members rebelled – introduced an amendment to the defense authorization bill that gives Attorney General Eric Holder sole discretion to label groups that oppose government policy on guns, abortion, immigration, states’ rights, or a host of other issues. In a June 25 speech on the House floor, Rep. Trent Franks, R-AZ, blasted the idea: “This sounds an alarm for many of us because of the recent shocking and offensive report released by the Department of Homeland Security which labeled, arguably, a majority of Americans as ‘extremists.'”
Another Hastings bill (HR 645) authorizes $360 million in 2009 and 2010 to set up “not fewer than six national emergency centers on military installations” capable of housing “a large number of individuals affected by an emergency or major disaster.” But Section 2 (b) 4 allows the Secretary of Homeland Security to use the camps “to meet other appropriate needs” – none of which are specified. This is the kind of blank check that Congress should never, ever sign.
It’s not paranoid to be extremely wary of legislation that would give two unelected government officials power to legally declare someone a “domestic terrorist” and send them to a government-run camp.
In support of author Mark Tapscott’s ipse dixit argument that this isn’t paranoia, he points to the internment of Japanese-Americans during WWII. That’s a fair enough point (i.e. it has happened before here), but the analogy between Hastings’ amendment and the WWII internment camps is still pretty weak. For one thing, the internments were not done on the sly, as Tapscott suggests is being done now, and secondly, rounding up a relatively small number of people during WWII, is a lot more plausible than attempting to imprison half the country.
Ed Morrissey also pours some cold water on Tapscott’s theory:
To be fair on the second point, most legislation includes phrases similar to the “meet other appropriate needs” as a means of allowing flexibility in using facilities commissioned by Congress. Under unforeseen circumstances even apart from creating concentration camps for abortion opponents, the six national emergency centers might need to get some use other than housing military personnel or civilians evacuated from a disaster area. That language allows the Pentagon and Homeland Security leeway to adapt for other issues without having to worry that lawyers will descend upon them like locusts for not strictly limiting use to the statutes.
Nevertheless, I decided to delve into the Hastings amendment that Tapscott referred to, and which can be read in its entirety here (pdf). This is the pertinent language that woke some people up feelin’ kinda queer:
‘(2) DEFINITION OF HATE GROUP.—In this subsection, the terms ‘group associated with hate-related violence’ or ‘hate group’ mean the following: …
(G) Other groups or organizations that are determined by the Attorney General to be of a violent, extremist nature.
First of all, note the qualifier “violent” in that definition. Just being pro-life or anti-tax would not bring one under the aegis of this provision unless you also advocated violence in support of the cause.
The other part that seems to have been missed by some, is that this entire amendment is aimed at rooting out hate-group supporters from the military:
(1) PROHIBITION.—A person associated or affiliated with a group associated with hate-related violence against groups or persons or the United States Government, as determined by the Attorney General, may not be recruited, enlisted, or retained in the armed forces.
In other words, the worst thing that can happen as a result of this bill is that someone could be unfairly kept out of the military. I don’t want that any more than I expect anyone else does, but it’s sure a far cry from rounding up Republicans and throwing them in gulags.
That’s not to say that there aren’t problems with the amendment. As many of you probably already know, the military already has several provisions on the books prohibiting associations with extremist hate groups. Moreover, as Rep. Franks noted in arguing against the amendment, when viewed in light of the recent DHS report, allowing unelected and unaccountable officials to determine on their own who is an extremist or not seems like a pretty bad idea:
I take extreme offense that the federal government – through a report issued under the authority of a Cabinet-level official – would dare to categorize people who are “dedicated to a single issue, such as opposition or abortion or immigration” as “right-wing extremists” and it begs the question of whether the Attorney General, under Mr. Hastings’ Amendment, can look to the Napolitano report to decide who is an extremist, or can make the same categorization of the majority of Americans as extremists who may then be kept from joining the military, or who may be discharged.
The desire to risk one’s life on foreign soil for one’s country may well be considered “extreme.” To spill blood on a foreign battlefield in the name of freedom requires extreme devotion.
This amendment could have been written in a way that is more consistent with current DOD policy, which prohibits military personnel from participating in “organizations that espouse supremacist causes; or attempt to create illegal discrimination based on race, creed, color, sex, religion, or national origin…”
So, not only is Hastings’ amendment redundant, it’s also an undesirable (and perhaps unconstitutional) grant of power to the Attorney General. Clearly the amendment as drafted could use some work, and it should be watched and commented upon. However, none of it suggests that Hastings is planning on helping the Obama Administration to unilaterally declare “groups that oppose government policy on guns, abortion, immigration, states’ rights, or a host of other issues” hate groups and then have them carted off to Guantanamo-on-the-Mainland.
heck, even Franks didn’t go so far as to suggest that Democrats want to literally wall off their political rivals. Instead, he claimed that the real intentions of the House were not being reflected in the amendment:
The military has many laws and regulations in place to counter racism and the enlistment of racist militants. Recruits must be thoroughly vetted, and must even explain the symbolism behind their tattoos, body markings and writings. I understand that there is concern that the rules and regulations governing vetting of recruits are not being followed as vigilantly as they could be, and this is a legitimate cause for concern. At the same time, this is a call for better enforcement of the laws in place, rather than a sweeping categorization of persons as “extremists,” as we saw in Janet Napolitano’s agency’s report.
I want to state unequivocally that I believe that it is not the intent of this Congress to label pro-lifers, federalism proponents, and pro-immigration enforcement groups and their affiliates as extremists under the bill. My colleagues on the other side of the aisle should make a strong effort to assuage these concerns and make our intentions clear.
Is this an example of poor legislative drafting? Sure. Is the Hastings amendment really necessary in light of existing military rules and regulations? Probably not. Is it a good idea to give unaccountable officials the power to label groups of Americans as extremists simply because of some opinions that they might hold? No, no it isn’t. Does this amendment represent an empowerment of the federal government to intern a large swath of conservative America? Don’t be so paranoid.
Calling the government to account for straying outside it’s bounds of power is always a good idea, but being paranoid about it doesn’t help your cause, and may in fact hurt it. You’re blowing it all with paranoia. You may be feelin’ guilty, feelin’ scared, seeing hidden cameras everywhere, but you’ve got to Stop! Hold on. Stay in control.
‘Cuz paranoia is the destroyer.
Adm. Mike Mullen, Chairman of the Joint Chiefs of Staff, seems to think that may be the case.
So, what the aviation side of this is, I think, is very much focused on this change. And I think we’re at the beginning of this change. I mean, there are those that see JSF as the last manned fighter — or fighter-bomber, or jet. And I’m one of — you know, I’m one that’s inclined to believe that. I don’t know if that’s exactly right. But, this all speaks to the change that goes out, you know, many — obviously, decades, including how much unmanned we’re going to have and how it’s going to be resourced.
I’m not one inclined to believe that necessarily (at least not with the technology today). Although I did read that the Air Force will, this year for the first time, train more UAV pilots than fighter pilots, I think there will always be a role for fighter pilots in combat. Why? Because of the air superiority role. UAVs – drones if you prefer – can fulfill the close air support role, and even a tactical and strategic bombing role. But, at least with the technology we have today, I simply can’t see an unmanned “fighter” having the advantage over a manned fighter in the air superiority role.
And without air superiority, you don’t fly UAVs.
Here’s someone who agrees with Mullen:
I guess I’m with Mullen; there are currently jobs that manned warplanes can do that drones can’t perform (human pilots are more visually capable than even the best drones, for example), but a) drones are getting better, b) drones are so much cheaper, and c)taking the pilot out means that you can do a lot of funky, interesting things with an advanced airframe. This isn’t to say that the F-35 (or even the F-22) have no role; they’ll continue to be useful frames for the jobs they’re intended to do for a substantial period of time. But I don’t think there’s a next “next generation” of fighter aircraft.
Addressing b) above, things like this don’t help the manned fighter side. But then “cheap” doesn’t always translate into “most effective” either.
And after reading this, it won’t be hard to do:
Pakistan’s top Taliban leader, Baitullah Mehsud, is buying children as young as 7 to serve as suicide bombers in the growing spate of attacks against Pakistani, Afghan and U.S. targets, U.S. Defense Department and Pakistani officials say.
A Pakistani official, who spoke on the condition that he not be named because of the sensitive nature of the topic, said the going price for child bombers was $7,000 to $14,000 – huge sums in Pakistan, where per-capita income is about $2,600 a year.
“[Mehsud] has turned suicide bombing into a production output, not unlike [the way] Toyota outputs cars,” a U.S. Defense Department official told reporters recently. He spoke on the condition that he not be named because of ongoing intelligence efforts to catch Mehsud, a prime target for a U.S. and Pakistani anti-Taliban campaign.
People like Mehsud claim to represent a religion of peace and act on its behalf. Yet no religion of peace would ever sanction or condone actions such as this. Perhaps it is time we quit accepting their stated claims that they’re Islamic warriors and call them what they deserve to be called – animals barely worth the price of a bullet.
Rarely will you find me using the term “exterminate”. But when I read things like this, I truly believe that the Taliban are more than deserving of complete and utter extermination. This is a “seed” which needs to germinate no further.
God speed to the 4,000 Marines who’ve just launched Operation Khanjar. May their aim be true enough to bring down this miserable swine somewhere along the line.
You have to laugh some times. Or maybe a rueful shake of the head is more appropriate. Here’s Admiral Mullen, Chairman of the Joint Chiefs of Staff, answering questions about the reportedly tough measures the new UN resolution against NoKo allows the country, via the military, to take:
Q: Admiral Mullen, Secretary Gates, currently the U.S. military is tracking a North Korean-flagged ship, the Kang Nam, which is suspected of proliferating either weaponry, nuclear materials or missile parts. What are your options n terms of enforcing U.N. Security Council Resolution 1874? Are you prepared to board the ship at this time?
ADM. MULLEN: Without going into specific details, clearly we’re — we intend to vigorously enforce the United Nations Security Council Resolution 1874, to include — options to include certainly a hail and query. There are — part of the UNSCR is to, if a vessel like this is queried and doesn’t allow a permissive search, to direct it to go into a port, and the country of that port would, as required to, inspect the vessel, and to also keep the United Nations informed, obviously, if a vessel like this would refuse to comply.
But the United Nations Security Council resolution does not include an option for an opposed boarding or a noncompliant boarding with respect to that. And if we get to that point with a vessel that we suspect has material which is counter to — unauthorized in accordance with UNSCR, that’s a report that goes back to the United Nations as well.
Q: What do you think is on board this ship? What has made you suspicious that the military’s tracking it?
ADM. MULLEN: Well, I wouldn’t go into any kind of details, at this particular point in time, except to say that it’s very clear that the resolution prohibits North Korea from shipping these kinds of materials, the kinds of weapons that were laid out, in the material, from conventional weapons up to fissile material or nuclear weapons.
And we expect compliance. And I’ve gone through the steps that we would take.
Q: The north has said that they would take that, any sort of interdiction, as an act of war. Would that prevent you from pursuing U.N. Security Council Resolution 1874?
ADM. MULLEN: Well, I think, it’s important that this is a U.N. resolution. This is an international commitment. It’s not just the United States. It’s a lot of other countries as well. And the North taking steps to further isolate itself, to further non-comply with international guidance and regulations, in the long-run, puts them in a more difficult position.
With all due respect to Adm. Mullen, I’m having real difficulty, given what he said they could do -essentially send a report to the UN if NoKo doesn’t play along with the demands he’s authorized to make- seeing how NoKo is putting themselves “in a more difficult position” than they now occupy. More importantly, why would NoKo care?
Reading this carefully, it seems the UN has authorized them to “query” a NoKo ship and ask to inspect it. NoKo can say “no”. If NoKo says no, we can demand they go to the nearest port for inspection. But again, all the NoKo ship has to do is say “no” and that ends it. Result: Strong report sent to UN. Sounds more like punishment for those who have to fill out the report to the UN than NoKo.
Where else in the universe are such steps considered “tough” besides the UN?
Kim Jong-Il is apparently not content with good old-fashioned saber rattling, and instead wants to push the envelope (or the button, as it were) a little further:
North Korea may fire a long-range ballistic missile toward Hawaii in early July, a Japanese news report said Thursday, as Russia and China urged the regime to return to international disarmament talks on its rogue nuclear program.
The missile, believed to be a Taepodong-2 with a range of up to 4,000 miles (6,500 kilometers), would be launched from North Korea’s Dongchang-ni site on the northwestern coast, said the Yomiuri daily, Japan’s top-selling newspaper. It cited an analysis by the Japanese Defense Ministry and intelligence gathered by U.S. reconnaissance satellites.
The missile launch could come between July 4 and 8, the paper said.
While the newspaper speculated the Taepodong-2 could fly over Japan and toward Hawaii, it said the missile would not be able to hit Hawaii’s main islands, which are about 4,500 miles (7,200 kilometers) from the Korean peninsula.
A spokesman for the Japanese Defense Ministry declined to comment on the report. South Korea’s Defense Ministry and the National Intelligence Service — the country’s main spy agency — said they could not confirm it.
If North Korea does carry out such a plan, it would be a most provocative act, bordering on a casus belli. Figuratively speaking, it would not be any different than the child’s game of swinging one’s arms within inches of one’s sibling while declaring “not touching!” In realpolitik terms, it is simply a threat.
Of course, the real question is, what do we do about it?
President Barack Obama and South Korean President Lee Myung-bak met in Washington on Tuesday for a landmark summit in which they agreed to build a regional and global “strategic alliance” to persuade North Korea to dismantle all its nuclear weapons. Obama declared North Korea a “grave threat” to the world and pledged that the new U.N. sanctions on the communist regime will be aggressively enforced.
In Seoul, Vice Unification Minister Hong Yang-ho told a forum Thursday that the North’s moves to strengthen its nuclear programs is “a very dangerous thing that can fundamentally change” the regional security environment. He said the South Korean government is bracing for “all possible scenarios” regarding the nuclear standoff.
In a rare move, leaders of Russia and China used their meetings in Moscow on Wednesday to pressure the North to return to the nuclear talks and expressed “serious concerns” about tension on the Korean peninsula.
The joint appeal appeared to be a signal that Moscow and Beijing are growing impatient with Pyongyang’s stubbornness. Northeastern China and Russia’s Far East both border North Korea, and Pyongyang’s unpredictable actions have raised concern in both countries.
After meetings at the Kremlin, Chinese President Hu Jintao joined Russian President Dmitry Medvedev in urging a peaceful resolution of the Korean standoff and the “swiftest renewal” of the now-frozen talks involving their countries as well as North and South Korea, Japan and the United States.
“Russia and China are ready to foster the lowering of tension in Northeast Asia and call for the continuation of efforts by all sides to resolve disagreements through peaceful means, through dialogue and consultations,” their statement said.
Keep in mind, as well, that North Korea need not tip anyone of those missiles with a nuclear warhead (which it does not yet have the capability to do) in order to pose a significant threat. Reportedly, the Stalinist regime is well-equipped with chemical weapons as well:
The independent International Crisis Group think tank, meanwhile, said the North’s massive stockpile of chemical weapons is no less serious a threat to the region than its nuclear arsenal.
It said the North is believed to have between 2,500 and 5,000 tons of chemical weapons, including mustard gas, phosgene, blood agents and sarin. These weapons can be delivered with ballistic missiles and long-range artillery and are “sufficient to inflict massive civilian casualties on South Korea.”
Although the nations involved have been ready to talk sternly about “grave threats” and to urge further negotiations to quell the tensions, Kim Jong-Il is notably unimpressed. Rather than seeking to retard the North Korean leader’s ambitions, everyone seems insistent upon being cautions in order to avoid “provoking” Kim Jong-Il. That is a shrewd plan when dealing with a crazy person, but in the end, a bully is just a bully, whether he’s crazy or not.
Unfortunately, at some point a swift smack on the nose will be necessary if we truly want to back the recalcitrant dictator up a step or two, which admittedly carries its own unfortunate possibilities. Even if that point is not now, or if and when North Korea sends its missiles hurling dangerously close to our sovereign territory, it does seem to be approaching quickly. Given the rather meek approach taken by all nations thus far, one can only hope that Kim’s own machinations do him under before the international community’s hand is forced.
He certainly wouldn’t be happy, that’s for sure. Germany’s top soldier isn’t happy with his troops either. Speaking about German soldier complaints about their deployments he said:
“We cannot guarantee soldiers that they will have an all-round feel-good experience,” said General Wolfgang Schneiderhan.
“We have to tell a professional soldier who complains about his third tour of overseas duty that he has to get a grip — this is his profession,” said General Schneiderhan.
“Perhaps the problem is down to the general tendency in society to delegate responsibility to someone else, or perhaps it is the stress associated with change,” he told several hundred army officers and politicians at an official reception.
Ah, social welfare – it does change a culture, doesn’t it? And although the Germans have been a part of the ISAF in Afghanistan since 2001, other members of the NATO team have voiced dissatisfaction with their performance. That may be because they are participating (I hesitate to use the word “fighting”) with one hand tied behind their back:
German Medevac helicopters have to be back at base by dusk. German Tornado aircraft are restricted to unarmed reconnaissance. Der Spiegel magazine highlighted the case recently of a Taleban commander — nicknamed the Baghlan Bomber because of his role in blowing up a sugar factory in that northwestern province — who was cornered by the KSK German special service unit but allowed to escape; under the terms of engagement imposed by Parliament the KSK are not authorised to kill unless they are under attack.
So since they don’t fight at night (unless they’re willing to do it without medevac support), what do they do? Well, they drink. Forget cultural sensitivity, the German force of 3,500 goes through 90,000 bottles of wine and 1.7 million pints of beer a year:
The reports of soldiers’ complaints made to parliament by Reinhold Robbe, the ombudsman, paint a picture of a force that is concentrating more on its own wellbeing than on the peace-keeping mission.
The diet is heavy on carbohydrates, low on fruit and a higher proportion of soldiers are overweight than in the civilian population of Germany. Mr Robbe admitted that too many soldiers had a “passive lifestyle”. In short the soldiers are fat, they drink too much and spend a great deal of time moaning.
Truly signs of a very unhealthy force in more ways than one. And this is one of our primary NATO allies? And we wonder why Afghanistan is going so swimmingly?
An interesting discussion broke out in the comment section of the Miranda post, which I’m hoping will continue. The primary issue (and I’m simplifying here) centers around just how detainees caught on a battlefield should be handled if they don’t fit the established parameters of soldiers under the Geneva Conventions. Although there appears to be agreement that reading detainees Miranda rights is a step (or three) too far, there is also wide agreement that we should be skeptical about allowing our government so much latitude as to hold anyone indefinitely. I think closing the gap on those parameters is the challenge to be met, but I don’t think it is possible to do so without understanding how war differs from law enforcement.
Clausewitz defined war as “continuation of policy with other means.” The crux of his definition is that “war” is simply a tactic used to further political goals. War is not waged as end in itself, but as a means towards other ends which, for whatever reason, could not be accomplished through non-violent tactics. There are always exceptions, of course, but certainly a rational state will not expend blood and treasure when the same goals can be accomplished without. Even an irrational state, with irrational goals, will not waste such resources if it understands that it does not have to.
The other tools in the box for continuing policy include diplomacy and capitulation. Once those are deemed exhausted or unacceptable (as the case may be) then the tool of war is likely to appear. In other words, if agreement cannot be reached between erstwhile enemies, and surrender by one side or the other is not acceptable, then actual battle will be necessary to decide whose policy will be continued. At that point all manner of understanding between the parties is dead and only victory or a credible threat thereof will allow the discarded tools to once again be used in the construction of policy.
In the absence of war, there is general agreement as to how competing parties will conduct themselves in the pursuit of their policies. Citizens may vote, senators may argue, special interests may agitate, and whole nations may barter. The agreements may deal with how citizens deal with one another, how governments deal with their citizens, or how violations of the agreements are handled (i.e. law enforcement). In the modern world those general agreements are reduced to treaties, constitutions, rules, regulations and the like, all of which may be considered law. The policies themselves may also be enacted into law, but without some understanding as to the mechanisms for peacefully deciding which policy will be followed, then war is the only tool available. A rule of law, which is only useful where there is broad agreement on it, obviates the need to use war to advance policy. All of the foregoing are the hallmarks of a civil society that depends on pursuing policies through peaceful tactics. To turn Clauswitz’s definition around, law is the continuation of war by other means.
To be sure, transgressors of law will be dealt with at times in violent ways, but there is at least a tacit agreement to the law’s authority to do so where the violator is operating from within the society and generally partaking of its benefits. If enough transgressors get together then the agreements have broken down, and civil war or revolution may occur. Therefore, war can be understood as the tactic that is used when the law has ceased to be of use. More simply, war is the absence of law.
Given the above, which is nothing more than a condensed version of my personal views on the subject, it is difficult for me to understand how legal concepts can be introduced into war. Opposing factions may agree with one another to fight under particular rules of engagement, or to treat enemy prisoners a certain way, but when those rules are broken there is no legitimate authority to enforce them. The Geneva Conventions represent a more elaborate attempt to impose limits on warfare, but even those were never intended to apply to non-signatories except in very limited circumstances (pre-Hamdan anyway). More importantly, it seems obviously ludicrous to apply laws outside such limited agreement to any of the parties involved in battle, because there would be no battle if such laws were being adhered to in the first place.
So while any number of parties may agree amongst themselves to fight under self-imposed rules, that does not give any of them authority to impose those rules on others. Furthermore, except where explicitly agreed to otherwise, such rules would not govern war between a party to such an agreement and a non-party. To look at it another way, if Mike Tyson and Evander Holyfield agree to fight under certain sanctioned rules, that does not mean that either fighter must adhere to the same rules if attacked by a third party on the way home from the match.
Accordingly, in a world of asymmetrical warfare, the basic principle that “war is the absence of law” seems to apply. In this context, the very idea of approaching war with terrorists in foreign countries under a rubric of law intended to govern domestic life appears absurdly out of place. Treating detainees captured on the battlefield to the luxury of legal niceties intended to protect the very citizens those terrorists seek to harm defies all logic. And pretending that reading any of them Miranda rights will do anything more than hamper our ability to defeat these cretins is an exercise in serious delusion. In short, law is a manifestation of the agreements underlying a peaceful community, and war is the means of protecting those agreements from those who seek to subvert them.
When considering just where the line should be drawn then, between reading enemies their “rights” and allowing the government to detain them indefinitely, I think it’s useful to understand that we are not really talking about a “rule of law.” Instead, we are talking about how best to utilize the tactic of war in furthering our policy of not allowing crazed radicals to murder our citizens. While I find great merit in placing the government (i.e. our instrument of war) on a firm leash, I don’t think it is at all useful to conflate the means by which we protect ourselves from an overbearing government with the means by which the government protects us from enemies bent on our destruction.
This simply can’t be right, can it? That the Obama administration secretly directed the military to Mirandize combatants and terrorists when captured? Surely this is just crazy talk:
… the Obama Justice Department has quietly ordered FBI agents to read Miranda rights to high value detainees captured and held at U.S. detention facilities in Afghanistan, according a senior Republican on the House Intelligence Committee. “The administration has decided to change the focus to law enforcement. Here’s the problem. You have foreign fighters who are targeting US troops today – foreign fighters who go to another country to kill Americans. We capture them…and they’re reading them their rights – Mirandizing these foreign fighters,” says Representative Mike Rogers, who recently met with military, intelligence and law enforcement officials on a fact-finding trip to Afghanistan.
Rogers, a former FBI special agent and U.S. Army officer, says the Obama administration has not briefed Congress on the new policy. “I was a little surprised to find it taking place when I showed up because we hadn’t been briefed on it, I didn’t know about it. We’re still trying to get to the bottom of it, but it is clearly a part of this new global justice initiative.”
Ever since the Boumediene decision I’ve been warning that we’re turning legitimate military actions into law enforcement nightmares. No matter how badly we may want to achieve a world where transparency and the rule of law are the basis for all government action, the fact of the matter is that there are plenty of people out there who want to see the US destroyed regardless of the cost to themselves or their families. If we start dealing with these people as if they were common criminals, then we erode the very fabric that binds us as a nation. No longer does the word “jurisdiction” mean anything. Instead, we hand our enemies the keys to the castle.
Consider the following:
A lawyer who has worked on detainee issues for the U.S. government offers this rationale for the Obama administration’s approach. “If the US is mirandizing certain suspects in Afghanistan, they’re likely doing it to ensure that the treatment of the suspect and the collection of information is done in a manner that will ensure the suspect can be prosecuted in a US court at some point in the future.”
But Republicans on Capitol Hill are not happy. “When they mirandize a suspect, the first thing they do is warn them that they have the ‘right to remain silent,’” says Representative Pete Hoekstra, the ranking Republican on the House Intelligence Committee. “It would seem the last thing we want is Khalid Sheikh Mohammed or any other al-Qaeda terrorist to remain silent. Our focus should be on preventing the next attack, not giving radical jihadists a new tactic to resist interrogation–lawyering up.”
According to Mike Rogers, that is precisely what some human rights organizations are advising detainees to do. “The International Red Cross, when they go into these detention facilities, has now started telling people – ‘Take the option. You want a lawyer.’”
Rogers adds: “The problem is you take that guy at three in the morning off of a compound right outside of Kabul where he’s building bomb materials to kill US soldiers, and read him his rights by four, and the Red Cross is saying take the lawyer – you have now created quite a confusion amongst the FBI, the CIA and the United States military. And confusion is the last thing you want in a combat zone.”
Prosecution of any war, regardless of what your betters may think, is absolutely impossible in a law enforcement setting. Imagine having to “arrest” enemy soldiers instead of shooting them on sight. Or worse, think about the complications involved when a soldier shoots anyone, as compared to when a policeman is involved in a shooting. How would it work to take custody or extract intelligence from any enemy soldier if our soldiers have to apply mercurial Supreme Court precedent to each situation before risking their lives? Any cop will tell you that it’s hard enough keeping up with the norms as laid down by the high court (and interpreted by the administrators) in order to simply arrest common criminals. The idea that soldiers in the field of battle have the time or ability to “arrest” terrorists and the like, in places where English is not likely to be a common language (N.B. does that mean the military will be required to provide interpreters before apprehending anyone?) is simply ludicrous.
War is not pretty, and anyone who pretends to make it so is simply a fool. Ugly, unmentionable, outrageous and despicable things happen in war, as they do in any struggle for life. Creating an imaginary world in which there are breaks for tea and the enemy plays by the same (or any) rules is how the British lost North America. Subjecting ourselves to the vagaries or our enemy’s backwardness, by ignoring their complete denial of our moral superiority, will only serve to hasten our defeat.
For the foregoing reasons, I have to assume that Stephen Hayes is on the wrong end of some very bad information. As much as I may disagree with the Obama administration on a great many things, I have a hard time believing that they could be this naive and unconcerned about the future of our country that they would grant unprecedented gratuity to those who most wish us ill. The policies are most certainly wrong, but they can’t possibly be this misguided.
The court chose not to hear the suit which challenged it, brought by an Army CPT, preferring, instead, to let the Obama administration deal with the subject. CPT Pietrangelo was originally 1 of 12 petitioners challenging DADT in court. Their case was dismissed by the 1st Circuit, but unlike the other 11 who chose to not appeal and let the Obama administration handle it, Pietrangelo appealed to SCOTUS. The result is as reported in the lede.
However, here’s the confusing part:
In opposing Supreme Court review of the Pietrangelo case, opponents of “don’t ask, don’t tell” have noted that Obama pledged during his presidential election campaign to end the policy. They say he appears to proceeding carefully to end the ban by first asking the Pentagon to study the implications and report its recommendations.
Why? Why is he “proceeding carefully”? One would assume that when someone declares he is going to end a policy, he has already gathered the information and done the studies necessary to understand the implications of changing such a policy might have before he declared he’d do it, right? [For the record I have no problem with trashing DADT.]
Oh wait, this is the same guy who declared he’d close Gitmo and end the Iraq war immediately after taking office, do away with FISA and hold the telcoms responsible, and have nothing to do with jailing bad guys indefinitely if they merely posed a threat to the US isn’t it?