Free Markets, Free People

Terrorism

Know Thy Enemy – And Loath Him

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.

~McQ

Well “Duh”!

I guess this just wasn’t considered true until the boys at al Qaeda said it was true, huh?

If it were in a position to do so, Al Qaeda would use Pakistan’s nuclear weapons in its fight against the United States, a top leader of the group said in remarks aired Sunday.

Not only would it use Pakistan’s nuclear weapons, it would use Iran’s, North Korea’s, Russia’s or anyone else’s they could get their hands on.

And that says what? That we have every reason to consider it a national security priority to ensure a) they (AQ) don’t get their hands on such weapons and b) those nations most likely to develop them and hand them over to AQ don’t get the opportunity to do so.

Anyone – what would be an indicator that a regime might hand that sort of weapon over to AQ?

Answer? If the regime already actively supports terrorists and supplies them with weaponry .

I’ll leave it to you to figure out which country that is and why now is a perfect time to be taking a much stronger stand in support of dissenters there. If you’re still in the dark, read this interview, especially the last few paragraphs.  If what the interviewee says is true, we’re talking sea change, folks.

~McQ

Miranda and War

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.

Miranda Warnings In The Battlefield?

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.

Domestic Terrorism?

Picking up on Bryan’s excellent post yesterday, we now have two examples of what could be classified as “domestic terrorism”.

We have the Tiller case in Kansas where a doctor that offered late term abortions was murdered at his church while acting as an usher.

And we have the murder of a soldier and the wounding of another by a “muslim convert” who “was opposed to the US military” in Arkansas.

Each perpetrator appears to have been “a lone wolf”, i.e. someone who may have acted out of some sort of belief, but was otherwise unaffiliated with any group or movement which could be identified as a terror or pressure group.

If that’s the case, would you see each of these cases as “domestic terror” cases – i.e. do they fulfill the definition Bryan used, “the pursuit of political goals through the use of violence against noncombatants in order to dissuade them from doing what they have a lawful right to do”?

If so, what do you think the “political goals” of each given they were, or appear to be “lone wolves” (or was this simply a “crime of conscience” most likely rationalized by a rather sick mind) and do you think their acts were actually intended to dissuade others from doing what they have a lawful right to do?

And, given the new tendency toward attempting to classify crimes in this manner – were each of them “hate crimes”?

~McQ

Obama: Rhetoric v. Reality

Another emerging hallmark of Obama rhetoric are the startling inconsistencies to be found there. For instance, his speech at the National Archives where he invoked the founding documents as the keepers of our fundamental rights and values and condemned the previous administration for its egregious violations of those right and values. All of it sounded lofty and certainly rhetorically satisfying. But then, within a few paragraphs, Obama trots out his policy plan for indefinite detention for those who we even suspect of wishing to do violence against the US.

And it was the past administration which did what that was so bad?

Even Sen. Russ Feingold can’t quite stomach the inconsistency:

While I recognize that your administration inherited detainees who, because of torture, other forms of coercive interrogations, or other problems related to their detention or the evidence against them, pose considerable challenges to prosecution, holding them indefinitely without trial is inconsistent with the respect for the rule of law that the rest of your speech so eloquently invoked. Indeed, such detention is a hallmark of abusive systems that we have historically criticized around the world.

Gitmo is a place. And places can be shut down. But what Obama is talking about is a policy – a policy of government – in which people can be incarcerated without charges and held for as long as the government deems necessary. How again is that a difference from the previous administration? How is that better?

Feingold again:

Once a system of indefinite detention without trial is established, the temptation to use it in the future would be powerful. And, while your administration may resist such a temptation, future administrations may not. There is a real risk, then, of establishing policies and legal precedents that rather than ridding our country of the burden of the detention facility at Guantanamo Bay, merely set the stage for future Guantanamos, whether on our shores or elsewhere, with disastrous consequences for our national security.

I had to laugh at this – “resist such a temptation”? For heaven sake Senator, his administration is suggesting the policy! Why would he “resist the temptation” when it is obvious that his administration sees it as a necessary tool to combat threats against the US?

Worse, those policies and legal precedents would be effectively enshrined as acceptable in our system of justice, having been established not by one, largely discredited administration, but by successive administrations of both parties with greatly contrasting positions on legal and constitutional issues….

And that’s the point, isn’t it? Once it becomes policy – once it is enshrined in law (and I’m not, at this point, at all sure how the SCOTUS would rule on such a law although I’m certainly sure on how I think they should rule) it is open to use and abuse by government. So while we may or may not agree with what the previous administration did, in this regard, they never tried to make it policy and an legally blessed (but morally wrong) method of handling those we capture and incarcerate in this war against Islamic extremism.

Anyone monitoring what Barack Obama has been saying since taking the oath of office who doesn’t see a rather large authoritarian streak in the man hasn’t been paying attention. What he is suggesting is blatantly worse than what the Bush administration did. Unfortunately, it is mostly being lost in the ground clutter of the financial crisis. But it is certainly there for those who take the time to look.

~McQ

The Troubles In Pakistan

The Taliban, as expected, have managed to endear themselves to another benighted people:

Up to 500,000 terrified residents of Pakistan’s Swat valley have fled or else are desperately trying to leave as the military steps up an operation using fighter jets and helicopter gunships to “eliminate” Taliban fighters.

As the military intensified what may be its most determined operation to date against militant extremists, the UN said 200,000 people had already arrived in safe areas in the past few days while another 300,000 were on the move or were poised to leave.

The escalation of the operation came after Pakistan’s Prime Minister, Yousaf Gilani, made a public appeal for unity. In a televised address on Thursday evening, Mr Gilani said: “I appeal to the people of Pakistan to support the government and army at this crucial time. We pledge to eliminate the elements who have destroyed the peace and calm of the nation and wanted to take Pakistan hostage at gunpoint.”

This is pretty much the style of the Taliban, certainly nothing very different than what they did in Afghanistan.

However, there is a difference between Pakistan and Afghanistan, and that difference is nuclear weapons. Now most seem to think that the Pakistani army is strong enough to prevent a deterioration of the situation to the point that the Taliban would gain control over the nukes. But that makes a lot of assumptions which may or may not be warranted. It is important to remember that the rise of the Taliban in Afghanistan and its eventual triumph there is irrefutably linked to support from Pakistan’s government, namely the ISI. Now it may be a stretch to believe the ISI would help the Taliban gain control of Pakistan, but it may not be to much to believe the organization may have mixed feelings about the present operations against the Taliban.

The Taliban needs to be destroyed as an effective organization. Like a type of cancer, the Taliban attacks the very religious core of countries. But only Islamic countries. Its extremist brand of Islam appeals to a certain element of Islamic countries and it is that portion of the population in which the Taliban embeds itself and attempts to exploit.

The very fact that Pakistan is treating the Swat valley takeover by the Taliban as an emergency in which drastic action must be taken to defeat them is an encouraging sign. Previously Pakistan’s government and army were content to give such opposition lip-service and some rather poor attempts to oust them from other territories. Now that the Taliban has all but declared war on the Pakistani nation, we may finally see a real and concerted effort by Pakistan to rid the region of the Taliban. In the end, the overreaching by the Taliban may end up being the best thing that could have happened. If Pakistan is successful in taking the Taliban out, the war in Afghanistan become much more winnable. The remaining Taliban based along the border may not enjoy the same safe-haven they’ve enjoyed for years.

However, should Pakistan fail in its attempt to destroy the Taliban, we may end up with two nations in jeopardy instead of one, and since one has nuclear weapons, we may have no choice but to intervene should it get to that point.

~McQ

Military Commissions Again In Saturday News

Last Saturday, May 2nd, we were reading about the possibility that the Obama administration might revive the military commissions that candidate Obama had so reviled.

Today, Saturday May 9th, we again see more on the subject. Could the administration be any more obvious in their attempts to “hide” this story?

The Obama administration is preparing to revive the system of military commissions established at Guantanamo Bay, Cuba, under new rules that would offer terrorism suspects greater legal protections, government officials said.

The rules would block the use of evidence obtained from coercive interrogations, tighten the admissibility of hearsay testimony and allow detainees greater freedom to choose their attorneys, said the officials, who spoke on the condition of anonymity because they were not authorized to speak publicly.

So apparently it really wasn’t the commissions themselves, but how they were run. Of course they were run by rules that Congress had put in place. Yeah, you can figure out the rest.

And the only change I can see is the elimination of some evidence, tightning of the rules on other evidence and the ability to choose their attorney (to a point).

Yet, in the big scheme of things, it ensures that secret testimony, exposure of which so concerned the previous administration, will remain secret. Yes, that’s a good thing.guantanamo-bay-5a

But, as the Obama administration begins to reinvent the wheel (even though it will claim that these military commissions aren’t the same as the previous military commissions – a bit like saying a Ford isn’t a Chevy. They’re still both cars) I keep remembering a very sure candidate proclaiming:

“By any measure, our system of trying detainees has been an enormous failure.”

The Obama administration is seeking a 90 day extension on the 120 day extension previously imposed on military commissions. They would be moved to American soil (given the ruling by SCOTUS that doesn’t mean as much as it would have previously). But by all appearances, they will be pretty much the very same thing that candidate Obama said was unacceptable and an “enormous failure”. In the end, it appears, it has just been justice delayed (another reason he was against them).

Of course the real critics of such commissions (those whose opposition wasn’t strictly political in nature) are not happy:

“This is an extraordinary development, and it’s going to tarnish the image of American justice again,” said Tom Parker, a counterterrorism specialist at Amnesty International.

Yeah, well he won you know Tom, and with that, he reserves the right to throw issues under the bus if necssary, especially when it becomes clear that he had no idea about the subject he was condemning. And as an aside – I suspect that the slight differences in the commissions listed above will be enough for the fevered left to roll over and accept these military commissions as “OK”.

~McQ

The Price Of Appeasement

We’re known here at this blog for being adamant about denouncing plans which appease terrorists.  It’s a absolute no-win situation for the appeaser.  Pakistan is now in the middle of learning that hard lesson:

Pakistan’s strategy of trying to appease Taliban militants is showing signs of backfiring, as extremists move within 60 miles of the capital and threaten to spread their influence throughout the country.

Really? What a surprise. They caved to the Taliban demands and allowed them to impose Sharia law in the Swat valley in return for promises the Taliban would lay down their arms.

And, unsurprisingly, the Taliban have reneged on the promise. That, of course, has Hillary Clinton huffing and puffing at Pakistan:

Secretary of State Hillary Rodham Clinton warned Wednesday that Pakistan’s government is “basically abdicating to the Taliban” by agreeing to let them implement Islamic law in the Swat region last week. Instead of putting down their weapons, as the government had hoped, the insurgents have since moved fighters into the neighboring Buner region, local lawmaker Istiqbal Khan said.

Of course that’s precisely what appeasement buys with zealots. Absolutely nothing except an even weaker position for the appeasers.

Additionally, the Taliban have turned the Swat valley into a theocratic hell while the Pakistani government stands by and tut-tuts:

President Asif Ali Zardari has blamed the Taliban for a wave of assassinations in Swat in recent months, and he condemned a recent video that showed militants flogging a young woman they accused of having an improper relationship.

There is a glimmer of good news however. There seems to be a public backlash building among Pakistanis with even conservative members of the Pakistani parliament distancing themselves from the militants. However in the complicated world of Pakistani politics, that may end up meaning nothing in a real sense as the Taliban, who recognizes no authority and certainly no obligation to live up to any promises, relentlessly pushes to expand its hold on northern Pakistan.

~McQ