Free Markets, Free People

Terrorism

Torture: What Is It Good For?

Paralleling the song, the answer should be “absolutely nothing” with a testosterone laced “Huhn!” thrown in for good measure. Personally, I have my doubts.

This is not a new topic here at QandO, as my esteemed brethren have weighed in on numerous occasions, each time settling on an emphatic “No! Torture is not acceptable.” While it would be difficult, if not impossible, to put into words the esteem that I hold for my blog brothers, I have to say that I disagree. That may be because I have never been in the military, nor been subjected to anything close to the sort of forced life-or-death decision making that breeds a camaraderie distinct unto itself. And it may be because I have the luxury (thanks to said camaraderie) to simply ponder these things at my leisure. Just the same, I cannot say that I am opposed to torture of our nation’s enemies, nor can I honestly say that any experience will change my opinion.

First, the reason I even broach the subject: release of “secret torture memos” (link added):

President Barack Obama’s administration said it would Thursday release four memos, with sections blacked out, covering the Bush administration’s justification for CIA interrogations of terror suspects … The memos were authored by Jay Bybee and Steven Bradbury, who at the time were lawyers for the then-president George W. Bush’s Justice Department Office of Legal Counsel.

The memos provided the legal framework for a program of interrogations of “war on terror” detainees that included techniques widely regarded as torture such as waterboarding, in which a detainee is made to feel like he is drowning.

I have not read the memos, and I probably won’t. The sole reason being that I’ve slogged through enough of these legal documents to have a pretty good idea of what’s in there, and to know that there is plenty of qualifying language to mitigate whatever damning quotes are eventually culled therefrom. In point of fact, these “memos” are little more than legal research projects specifically drafted so as to provide both the underlying judicial framework for the issue at hand, and the best guess at how the current policy might fit into that framework under certain factual parameters. They are merely legalese for “this is what the law says, and this is how the policy may not run afoul of that law.”

Leaving aside definitional problems (does being confined with an insect constitute “torture”?), let’s just assume that what the memos described was not only policy, but a policy that was carried out. Why is that a bad thing?

Tom Maguire provides some thoughts:

IN OUR NAME: The newly released torture memos are cold-blooded and clearly client-driven – the lawyers knew the answers they wanted and reasoned backwards. Quick thoughts:

1. The US concern about actually harming someone comes through on every page. In fact, at one point (p. 36 of .pdf) the legal team wonders whether it would be illegal for the interrogators to threaten or imply that conditions for the prisoner could get even worse unless they cooperate. I suppose these memos will provide welcome reassurance of our underlying civility to both the world community and the terrorists in it.

2. There are some fascinating legal gymnastics on display. My favorite might be on p. 39, where we learn that Article 16 of the Geneva Convention does not apply because the CIA is operating in areas not under US jurisdiction. Nor do the protections of the US Constitution extend to aliens being held prisoner under US control but abroad outside of US jurisdiction.

However, another contender for the “It Would Take A Lawyer To Think Of This” prize is the argument that waterboarding does not constitute a threat of imminent death because, even though the prisoner thinks they are drowning, they are not, and anyway, the mental effect is transitory and does not result in long term mental harm – call it the “Psych!” defense. (The absence of long term harm comes from the experience of US sailors and soldiers passing through SERE school in the service of their country; whether a jihadist waterboarded by the Great Satan would also rebound psychologically is not explored here). I would think that a game of Russian Roulette played with a fake bullet might pass all these requirements other than the SERE experience.

Tom’s comparison to Russian Roulette intrigues me because I think it is the perfect analogy. I’ve written before that, in my opinion, waterboarding crosses the legal line because of the way the law is written. I’ve never been convinced that the technique crosses any moral boundary because I’m not so sure that it’s any different than placing a caterpillar in the same cell as a man who’s deathly afraid of caterpillars. Playing on the mind’s fears is part and parcel of both manipulation and torture, but does not mean that the two are equivalent. Morally speaking, therefore, I have doubts that techniques akin to waterboarding amount to “torture” per se.

But assuming that they do, again, what exactly is the problem? Aficionados of the subject will say that torture is ineffectual. Yet, Khalid Shaikh Mohammed would appear to be a test case in contrast to that wisdom, as would the fact that our own soldiers are routinely informed that “everyone breaks eventually.” Moreover, if it really is ineffectual, why does it continue to happen? Clearly, somebody somewhere is getting results.

Even leaving aside the efficacy vel non of torture, does it hold such moral deficiency as to abandon it altogether? Here I plead ignorance because, in my mind, I view enemies to my country as enemies to my family. By that I mean, if anyone were to hurt, or even threaten to hurt, a member of my family, I can’t even begin to express the unholy hell I would visit upon such a cretin. When I view A Time To Kill I can’t help but think that that the murderous, rapist scum got off too lightly (which, of course, was the point of Grisham’s characterization). Other than the fear of anything nefarious happening to my children, my greatest fear is of what I would try to do to those who hurt them or even suggested that they might do so. I have the same feeling when it comes to anyone who seeks to destroy my country and her citizens with whom I’ve (gratefully) cast my lot. My morality directs me to say that what any of you visit upon the least of my fellow countrymen, I will repay you a thousandfold and more. That may be my Irish bravado speaking, but it speaks as honestly as any man possibly can.

So I am left with the conundrum of how my actions in response to an attack on my family should be any different than an attack on my country, and why I should feel any differently about the perpetrators of such actions, whether they have followed through with their plans or not. I understand that my response — i.e. the sanctioning of “torture” — may not be entirely rational. Indeed, if a firetruck runs over my child while rushing to save an orphanage, I would feel no less grief, and probably wish an equal amount of horror upon the transgressors as I would upon 19 hijackers who murdered 3,000 of of my fellow citizens. In fact, probably more. There is nothing particularly rational in such a response. But I have little confidence that, should I have the chance to avoid either disaster, I would refrain from running the perpetrators’ minds through a psychological cheese grater if there was even a small chance that the disaster could be avoided. That may be little more than a testament to my weakness as a moral human being, but I think that I’m not alone.

Torture, however defined, is not a pretty thing. I make no bones about having zero regard for my enemies (i.e. those who want to destroy my country a la 9/11). If subjecting them to extreme psychological and/or physical discomfort, or the threat of such, will prevent further attacks, then I confess that I am happy to reward those monsters with the penalty they richly deserve. I accept that I may be wrong in such thinking, but I don’t find that case has been successfully made as of yet. Indeed, I defy you to take this test and declare that “torture” can never be acceptable.

The ultimate point is, torture is a horrible thing and should be avoided if at all humanly possible. But, unfortunately, we live in a world where the “humanly possible” has limits. In those cases, why is it that torture should be off limits? Is there a rational reason? I’m willing to be convinced, but I have my doubts.

One Man’s “Terrorist” Is Another’s “Law Enforcement Problem”

Is homegrown terrorism the next problem? That’s the question being asked by some:

There is an increasing threat of homegrown terror stemming from segments of a deeply isolated and alienated Somali-American community, a U.S. Senate committee hearing concluded Wednesday.

The hearing, conducted by the Senate Homeland and Governmental Affairs Committee, focused on the attempted recruitment of young Somali-American men by al-Shabaab, “a violent and brutal extremist (Somali) group” with significant ties to al Qaeda, according to the U.S. State Department.

“Over the last two years, individuals from the Somali community in the United States, including American citizens, have left for Somalia to support and in some cases fight on behalf of al-Shabaab,” noted the committee’s chairman, Sen. Joseph Lieberman, I-Connecticut.

Al-Shabaab — also known as the Mujahedeen Youth Movement — was officially designated as a terrorist organization by the U.S. government in March 2008.

If you’ve been following this, Somali youths from all over the US have been “disappearing” to end up half-way around the world engaged in war in Afghanistan. This is pretty much the same model as has affected the UK (although their particular group consists mostly of Pakistanis). The obvious next step is, instead of radicalizing them and exporting them to far off places, to do what was done with the 7/7 bombers in the UK and do it here.

The recruitment is made easier by the apparent isolation of the Somali community. The extremists pick off clusters of dissatisfied youth and radicalize them. The apparent distance between the Somali culture and the American culture are so vast that some simply cannot overcome that – or so the theory goes.

This is a situation which bears very close watching (and, hopefully some remedial effects brought on by positive intervention) – this is where AQ could put together a group that could travel thorough America with little difficulty and help foment an attack or attacks.

On another terrorist front, we already have home-grown terrorists (besides William Ayers) operating here:

The recent fire-bombing of a university professor’s car here appears to be part of a trend of animal-rights activists targeting the personal lives of researchers, rather than just the labs or companies where they work. The idea is to scare the scientists into reconsidering using animals in their research work.

Despite tightening laws, California saw an uptick in attacks last year with 21 reported incidents – of 36 nationwide – ranging from vandalism to firebombs, mostly targeting University of California researchers, according to data compiled by the Foundation for Biomedical Research. By contrast, the state saw just four or five such incidents the previous two years.

“The tactics [of animal-rights activists] have changed. They’ve gotten very personal,” says Frankie Trull of the National Association for Biomedical Research, an organization that advocates for the responsible use of animals in research.

The latest incident occurred early last Saturday outside the Westwood residence of Dr. David Jentsch, a neuroscientist at University of California, Los Angeles (UCLA). The professor’s vehicle was engulfed in flames and destroyed, though no one was hurt.

If terrorism is “the calculated use of violence (or the threat of violence) against civilians in order to attain goals that are political or religious or ideological in nature; this is done through intimidation or coercion or instilling fear”, these acts fit.

So while we may have an international brand of terrorism on the rise, we already have our own domestic terrorists at work on the West Coast. My guess is, though, they’re considered a “law enforcement” problem, not one of terrorism.

~McQ

Afghanistan – No Longer The “Good War”?

Apparently not to the usual suspects.

Bill Ayers was interviewed:

Ayers had this to say about President Barack Obama committing an additional 17,000 troops to Afghanistan: “It’s a mistake. It’s a colossal mistake. And, you know, we’ve seen this happen before, Alan. We’ve seen a hopeful presidency, Lyndon Johnson’s presidency, burn up in the furnace of war.”

Ayers thereby joins the rest of the moonbat contingent:

“I’m very upset; he promised change, and this is not change. It’s just going to create more deaths on both sides and create more terrorists,” said Jodie Evans, co-founder of Code Pink. The group, known for protests and targeting Bush administration officials, posted a statement Thursday condemning Mr. Obama’s decision and urging him to replace the combat troops with “humanitarian troops.”

“Afghanistan needs troops of doctors, farmers, teachers, not more troops,” the statement says.

It is apparently beyond Ms. Evan’s abilities to wonder how those “troops” of doctors, farmers and teachers are supposed to do their thing when, in the absence of our troops, the countryside is controlled by the Taliban. I assume she isn’t aware of the fact that the Taiban has a tendency to behead many of those she’d commit to A’stan.

Interesting though, isn’t it? Now we’re beginning to see that many of the supposedly “anti-Iraq” crowd, were just the usual anti-war bunch.

~McQ

“What good is it if you kill one of his people, and he kills a thousand of yours?”

Osame bin Laden takes a verbal shellacking from one of the founders of al Qaeda who is none to pleased with bin Laden, Iraq and 9/11:

Sayyid Imam al-Sharif, who goes by the nom de guerre Dr Fadl, helped bin Laden create al-Qaeda and then led an Islamist insurgency in Egypt in the 1990s.
But in a book written from inside an Egyptian prison, he has launched a frontal attack on al-Qaeda’s ideology and the personal failings of bin Laden and particularly his Egyptian deputy, Ayman al-Zawahiri.

Twenty years ago, Dr Fadl became al-Qaeda’s intellectual figurehead with a crucial book setting out the rationale for global jihad against the West.

Today, however, he believes the murder of innocent people is both contrary to Islam and a strategic error. “Every drop of blood that was shed or is being shed in Afghanistan and Iraq is the responsibility of bin Laden and Zawahiri and their followers,” writes Dr Fadl.

The terrorist attacks on September 11 were both immoral and counterproductive, he writes. “Ramming America has become the shortest road to fame and leadership among the Arabs and Muslims. But what good is it if you destroy one of your enemy’s buildings, and he destroys one of your countries? What good is it if you kill one of his people, and he kills a thousand of yours?” asks Dr Fadl. “That, in short, is my evaluation of 9/11.”

Heh … welcome to reality Dr Fadl.

Oh, and an excellent if obvious evaluation.

~McQ

Iran And “Negotiating 101″

As the NY Times reports today in an article about Special Envoy Richard Holbrooke’s trip to the Middle Eastern region:

Mr. Obama has said that he will reach out to Iran for direct talks, and last week the Iranian president, Mahmoud Ahmadinejad, said that Iran was ready. The two nations have not spoken directly since the Islamic Revolution in Iran 30 years ago.

So how does one begin that sort of a dialog when the target of the talks sees any concession as a sign of weakness and views your chief ally in the region as a cancer which needs to be excised?

As discussed during the presidential primary and then during the campaign, what you don’t do is enter such discussions without some established preconditions. And you certainly don’t unilaterally concede anything, especially if such a concession would help speed Iran’s production of a nuclear weapon.

That’s why this report from the open source intelligence newsletter GeoStrategy Direct is rather disturbing. Speaking of the new Israeli government, it writes:

Just as Barack Obama entered office facing a massive economic crisis beyond the scope of his experience, likewise the new Israeli leader will have to make or delay making difficult strategic decisions from the minute he or she enters office.

Barak has already signaled what the new government can expect, officials here said.

The United States has abandoned its policy of sanctioning companies that aid Iran’s nuclear and missile program, they said.

The officials said the new Obama administration of has decided to end sanctions against Iranian government agencies or companies that aid Teheran’s missile and nuclear program. The officials said Israel has been informed of the new U.S. policy.

“We were told that sanctions do not help the new U.S. policy of dialogue with Iran,” an official said.

Barak confirmed the new U.S. policy. In an address to the Herzliya Conference on Feb. 3, Barak said Washington did not say whether it would resume sanctions against Iran.

“Barak”, of course, is Israeli Defense Minister Ehud Barak. And, if true, you might imagine he and Israel are less than pleased. Trying to put a positive face on it Barak says:

“We must arrive at a strategic understanding with the United States over Iran’s military nuclear program and ensure that even if at this time they opt for the diplomatic option, it will only last a short time before harsh and necessary sanctions are imposed.”

Indeed. The stated reason for the lifting of the sanctions is they’ve been unsuccessful in stopping Iran’s pursuit of nuclear weapons. Unasked, however, is how successful they’ve been in delaying their acquisition? The removal of sanctions and the removal of all negative consequences for companies who supply such technology will certainly provide the incentive necessary for those companies to speed that pursuit along, won’t it?

How will the unilateral lifting of sanctions be viewed by Iran?

Well consider the internal politics of the country.  You have an increasingly unpopular president under fire for his aggressive rhetoric and posture being challenged by a more moderate candidate.  You also have a population that is growing tired of its isolation and the hardships imposed by sanctions. And there are rumors the ruling mullahs may not be particularly pleased with him either.  Pressure is building against Mahmoud Ahmadinejad and some believe there is a distinct possibility that he can be defeated in June.

Suddenly, without any direct negotiations or concessions on the part of Iran, sanctions are lifted by the US.  It seems to me Ahmadinejad could make a credible claim that his posture is responsible for the US caving and lifting the sanctions.  He can claim, regardless of the truth of the claim, that his confrontational attitude is what brought the change.  The message? The US is weak and confrontation works, reelect me.

And in the real world, results speak for themselves.

Result?

More aggressive and belligerent language, a campaign boost to a declared enemy of the US, faster realization of nuclear weapons for Iran, heightened tensions with Israel (not only from Iran but with the US), and a deteriorating situation in the Middle East.  All that from a guy who says one of his signature issues is nuclear nonproliferation.

Go figure.

~McQ

[HT: Gateway Pundit]

Lawyering The War on Terror

If there is one sure way to roll back any gains the US has made in the War on Terror over the past eight years, it would be to shift the focus from military and intelligence gathering, to a crime fighting stance. That is exactly the position the Obama DOJ appears to be taking:

The Justice Department, probably more than any other agency here, is bracing for a broad doctrinal shift in policies from those of the Bush administration, department lawyers and Obama administration officials say.

Eric H. Holder Jr., whom the Senate is expected to confirm on Monday as the nation’s 82nd attorney general, plans to take the oath of office that evening to demonstrate a quick start, which will include overseeing the creation of a new detention policy for terrorism suspects.

Mr. Holder will have to contend with that and other issues rapidly. Lawyers inside and outside the department say he will face crushing time constraints. Chief among them is a pledge by President Obama to close the detention facility at Guantánamo Bay, Cuba, within a year. Mr. Holder and a department task force must find a solution to the question of what to do with the remaining prisoners there and any apprehended in the future.

“This will be a sea change of what went on before,” said an Obama administration lawyer, noting that the principal authority over detention policies will move from the Defense Department under the Bush administration to the Justice Department.

What to do with the GITMO prisoners is a piddling concern compared to how the administration plans to fight terrorism. Released prisoners can potentially be tracked. The hands of national security however, once tied, are difficult to free. handcuff-terroristFighting terrorism as if it were an issue of law enforcement will potentially, and dangerously, bind our hands in that endeavor:

The department has to decide by next month whether it will reverse course from the Bush administration, which had repeatedly invoked the so-called state secrets doctrine to shut down legal challenges to several lawsuits dealing with national security. Officials also face a February deadline on whether to extend habeas corpus rights to detainees at Bagram Air Base in Afghanistan.

Above are two prime examples of how the policy switch advantages the enemy at the expense of the citizens. In the first, the folly of fighting terrorism through the courts could not be clearer. It is nearly impossible to build a public case based on state secrets. In the law enforcement model, the prosecution is not allowed to have secrets, and defendants are entitled to see the evidence against them as well as to confront all witnesses. That is because our nation is founded on the principle that the people, from whom the government derives its power, should enjoy the benefit of presumptions and the government should be required to make its case. When trying to confront our nation’s enemies, however, we do not want to allow them the same benefit. By engaging them in courtroom battles rather than in military/intelligence ones, we do just that.

Specifically, allowing state secrets to become part of a legal case allows the enemy to see what cards we’re holding. It is a surefire way to devalue our national intelligence. Indeed, any time sensitive information is available to more than a few people it eventually becomes public, and lawyers sworn to secrecy are no different (see e.g. Lynne Stewart). Yet, despite these dangers, the Obama DOJ may be considering backing off the positions staked out by the previous administration:

The case dealing with the state secrets doctrine, which allows the government to rebuff lawsuits by invoking national security concerns, involves al-Haramain Islamic Foundation. A federal trial judge in San Francisco ruled that the government could not invoke the doctrine to block a lawsuit by al-Haramain, which has asserted that the government illegally listened in on its conversations.

The Bush administration used the doctrine to block more than two dozen lawsuits. In timing that was a bit of a surprise, the Justice Department lawyers who have handled the lawsuit filed a motion with the court an hour before Inauguration Day that held to the same position.

Some Obama administration figures regarded the filing before midnight on Jan. 19 as a rear-guard action to make it more difficult to reverse course.

The Justice Department has to file a new brief by Feb. 13. Jon B. Eisenberg, who represents al-Haramain, said the schedule meant that “Holder and company have to decide pretty quickly if they want to keep opposing this case with the state secrets doctrine.”

If the DOJ opts to forego the state secrets doctrine as a defense, then it will be left with two undesirable choices: (1) make national intelligence discoverable in a court of law, or (2) drop the case altogether and set the defendant free. Neither choice is satisfactory, but both are the inevitable outcome of pursuing terrorism under the rubric of law enforcement.

Similarly, extending habeas corpus rights to prisoners detained on the battlefield is an exercise in futility. Of course, that ship sailed with the ruling in Boumediene v. Bush. I’m not sure what argument the government could make that any prisoners under the control of the U.S., regardless of where they are being held, are not entitled to some sort of habeas proceeding. And since the very procedures deemed constitutionally valid by the Supreme Court in Hamdi were struck down as inadequate in Boumediene, I don’t know what options are actually left to the Obama administration other than the unsavory prospect of field executions.

Again, these are the inevitable results of waging war as if we were fighting crime. The two arenas are decidedly distinct, and the tactics and strategies of one do not translate well into the other. If we insist on treating terrorists as criminals, cloaked with the protections of our Constitution and privy to the secrets that ensure our security, then we invert the promise of a national defense. The end result is to allow the enemy to be in control of our security interests rather than the other way around.

The Ayers Resurrection Tour (Repost)

Ed. note: This post was originally saved on the old template. I reposted it here simply to avoid readers having to click over to the prior site

William Ayers showing his love for his country

William Ayers showing his love for his country

If Obama is the messiah, does that make Bill Ayers Lazarus? By that I mean, is there any doubt Ayers would be wasting away in obscurity without Barack Obama? Instead, the unrepentant terrorist turned ill-qualified college professor has regained whatever notoriety he had lost:

Ayers, co-founder of the ’60s Weather Underground radical anti-war group, drew an angry and vocal group of protesters who condemned his appearance at St. Mary’s Soda Center, where he drew cheers and boos from the crowd of about 500.

The controversial author and education professor at the University of Illinois was repeatedly characterized as an “unrepentant terrorist” by GOP vice presidential candidate Alaska Gov. Sarah Palin during the presidential campaign.

“I was going to propose that Sarah Palin and I have a talk show called ‘Pallin’ Around,’ ” Ayers said in his opening comments, which got laughs. Then, looking around at the standing-room-only crowd, he added: “Had it not been for the recent presidential campaign, there would be 22 of you here.”

That may actually be a little high. Even in Berkeley I doubt he would have generated more interest beyond a few professors who remembered him from the glory days.

Ayers is in California on a tour to promote a new book on race relations that he wrote with his wife, Bernardine Dohrn, a fellow former leader in the underground movement who is now a Chicago lawyer and law professor. Ayers said he plans to return to the Bay Area with Dohrn later this month to speak before the Middle East Children’s Alliance in Berkeley.

His appearance at St. Mary’s “Against the Grain” lecture series to explore the topic of “Trudging Toward Freedom” drew sharp criticism from conservative and religious groups.

According to the report, some of those angered by Ayers’ appearance adopted the typical lefty tactic of disrupting his speech. It’s stupid when lefties do it and stupid here as well, regardless of how odious the speaker is.

Ayers delivered a wide-ranging address on social justice and education, but his effort outraged some 150 protesters – most marched outside, and others sat in the audience and occasionally disrupted his speech with yelling before they were escorted away.

“I don’t know what they’re protesting actually, but if the last few months are any indication, they’re protesting a cartoon character that shares my name and likeness, but it’s not me,” he told The Chronicle before his speech, adding that the McCain-Palin campaign had attempted to turn him into a “monster.”

Historical revisionism at its best. Whatever. Ayers will always be able to fool the useful idiots who simply want to believe the worst about America. Generally these are the ones who believe that capitalism is the literal incarnation of evil and hate America for being the nation most identified with it. To these people, Ayers is a hero for attacking the heart (as they see it) of the hated enemy.

To those who live in reality, however, Ayers is nothing more than a petty man of little worth and even less integrity. He is the egotistical embodiment of the Boomers’ worst aspects, and a failed terrorist to boot. He may enjoy some renewed interest amongst the useful idiots, but he’ll never have any political worth other than being a liability.

Certainly Bill Ayers should worship the ground that Obama treads upon. Absent his Presidency, Ayers would have no public life whatsoever.