Free Markets, Free People

War


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.


D-Day plus 65 years

Yesterday evening I thought about what was occurring at the same time 65 years before in Europe. Young paratroopers of the 82nd and 101st Airborne Divisions as well as the British 6th Airborne Divison and 1st Canadian Parachute Battalion were headed in for night combat jumps with the mission of securing key bridges and road junctions and setting up blocking positions to prevent German reinforcements from reaching the beaches of Normandy. Of the 17,000 US airborne troops engaged in operation Overlord, 1,003 were KIA, 2,657 were WIA and 4,490 were declared MIA.

At the same time, off that coast, the largest amphibious assault fleet the world had ever seen, drawn from 8 allied navies (6,939 vessels: 1,213 warships, 4,126 transport vessels (landing ships and landing craft), and 736 ancillary craft and 864 merchant vessels), began gathering. 19 and 20 year old young men, who to that point had never seen a shot fired in anger nor fired one themselves, would get their baptism in war on Omaha, Gold, Utah,  Swordand Juno beaches. In all 160,000 allied troops would land that day.

Eisenhower meets with US Co. E, 502nd Parachute Infantry Regiment (Strike), photo taken at Greenham Common Airfield in England about 8:30 p.m. on June 5, 1944.

Eisenhower meets with US Co. E, 502nd Parachute Infantry Regiment (Strike), photo taken at Greenham Common Airfield in England about 8:30 p.m. on June 5, 1944.

At Pointe du Hoc, the US 2nd Ranger Battalion assaulted the massive concrete gun emplacements that commanded the beach landing sites. They had to scale 100 foot cliffs under enemy automatic gunfire to reach them. When they did, the found out the guns had been moved further inland. They pressed their assault, found them and destroyed them and then defended the location for two days until relieved. The operation cost them 60% casualties. Of the 225 rangers who began the operation, only 90 were still able to fight at its end.

On Omaha beach, the US 1st and 29th Infantry Divisions landed opposite the veteran German 352nd Infantry Division. They had sited their defensive positions well and built concrete emplacements which were all but immune from bombardment. The initial assault waves of tanks, infantry and engineers took heavy casualties. Of the 16 tanks that landed upon the shores of Omaha Beach only 2 survived the landing. The official record stated that “within 10 minutes of the ramps being lowered, [the leading] company had become inert, leaderless and almost incapable of action. Every officer and sergeant had been killed or wounded [...] It had become a struggle for survival and rescue”. Only a few gaps were blown in the beach obstacles, resulting in problems for subsequent landings.

Leaders considered abandoning Omaha, but the troops that had landed refused to stay trapped in a killing zone. In many cases, led by members of the 5th Ranger Battalion which had been mistakenly landed there, they formed ad hoc groups and infantrymen infiltrated the beach defenses and destroyed them, eventually opening the way for all. Of the 50,000 soldiers that landed, 5,000 became casualties of bloody Omaha.

Canadian forces landed at Juno. The first wave suffered 50% casualties in the ferocious fighting. The Canadians had to fight their way over a sea wall which they successfully did. The 6th Canadian Armoured Regiment (1st Hussars) and The Queen’s Own Rifles of Canada achieved their 6 June objectives, when they drove over 15 kilometres (9 mi) inland. In fact, they were the only group to reach their D-Day objectives.

By the end of D-Day, 15,000 Canadians had been successfully landed, and the 3rd Canadian Infantry Division had penetrated further into France than any other Allied force, despite having faced strong resistance at the water’s edge and later counterattacks on the beachhead by elements of the German 21st and 12th SS Hitlerjugend Panzer divisions on June 7 and June 8.

The Brits landed at Sword and Gold beaches. At Gold the 50th (Northumbrian) Infantry Division landed with heavy casualties, but overcame the obstacles and drove about 10 kilometers off the beach.

Led by amphibious tanks of the 13th and 18th Hussars, the landings on Sword went rather well with elements of the 8th Infantry Brigade driving 8 kilometers off the beach.

And the final beach, Utah, saw the 23,000 troops of the US 4th Infantry Division land. Through a navigation error they landed on the western most part of the beach. That happened to be the most lightly defended as well. Taking full advantage of the situation, the division fought their way off the beach and through the German defenses linking up with the 502nd and 506th Parachute Infantry Regiments of the 101st Airborne Division which had dropped in the night before and secured the inland side of the beach exits.

The liberation of Europe had begun. But it was costly. Of the total 10,000 casualties suffered that day on the beaches by the allies, the US had 6,603 of which 1,465 were killed in action. The Canadians suffered 1,074 casualties (359 KIA) and the British had 2,700.

Men who had never set foot on the continent of Europe before died trying to liberate it that day. Today most of them lie in quiet graveyards near where they fell, the only piece of land ever claimed, as Colin Powell said, was enough to lay them to rest. 65 years ago, as the guns boomed, the shells exploded and desperate and courageous men made life and death decisions on the bloody sands of Normandy beaches, the fate of the world literally hinged on their success.

I think it is important, on this day to remember that. It is also just as important to remember that had the rest of the world taken the threat posed by the evil of Nazi Germany seriously earlier than they did, the possibility exists that such a fateful landing would never have been necessary.

But it was. And to those who made it, liberated Europe and destroyed the evil that was Nazi Germany, they have my undying respect and deserve to have what they did -and why they did it – remembered by all for eternity.

~McQ


Welcome To Bizarro World

Sy Hersh, not yet ready to leave the evil cabal of Bush/Cheney alone, has concocted a real beaut this time and is peddling it on Arab TV (what other media outlet would be open to this stuff?), just in time to inflame the unwashed masses in the Middle East:

Former prime minister of Pakistan Benazir Bhutto was assassinated on the orders of the special death squad formed by former US vice-president Dick Cheney, which had already killed the Lebanese Prime Minister Rafique Al Hariri and the army chief of that country.

The squad was headed by General Stanley McChrystal, the newly-appointed commander of US army in Afghanistan. It was disclosed by reputed US journalist Seymour Hersh while talking to an Arab TV in an interview.

Hersh said former US vice-president Cheney was the chief of the Joint Special Operation Command and he clear the way for the US by exterminating opponents through the unit and the CIA. General Stanley was the in-charge of the unit.
Seymour also said that Rafiq Al Hariri and the Lebanese army chief were murdered for not safeguarding the US interests and refusing US setting up military bases in Lebanon. Ariel Sharon, the then prime minister of Israel, was also a key man in the plot.

A number of websites around the world are suspecting the same unit for killing of Benazir Bhutto because in an interview with Al-Jazeera TV on November 2, 2007, she had mentioned the assassination of Usama Bin Laden, Seymour said. According to BB, Umar Saeed Sheikh murdered Usama, but her words were washed out from the David Frosts report, he said.

Got that? Bhutto was killed at Cheney’s behest (he apparently was the secret chief of the JSOC) by Gen. McChrystal and the boys (McChrystal soon to be the commander in Afghanistan headed the “squad”) because Bhutto blurted out that bin Laden was dead and that, unfortunately for her, undermined the given reason for the US being in A’stan.

Wow. How this guy gets even the coverage he does (The Nation and Arab TV) amazes me. At least The Nation jabbed Hersh with the “reputed journalist” tag. Arab TV, though, will eat it up with a spoon.

~McQ


Is McCrystal the “Petraeus” Of Afghanistan?

There was no “nicety” to this very public change of commanders in Afghanistan. In command for only 11 months, Gen. David McKiernan has been fired. In his place will be LTG Stanley A. McChrystal. Secretary Gates made it clear:

“Our mission there requires new thinking and new approaches by our military leaders,” said Defense Secretary Robert M. Gates at a news conference this afternoon announcing General McKiernan’s dismissal.

Gates tried to smooth it over a bit (generals and admirals don’t like to be handled like this):

Mr. Gates and Adm. Mike Mullen, the chairman of the Joint Chiefs of Staff, offered few reasons for General McKiernan’s ouster beyond generalities that “fresh eyes” were needed. “Nothing went wrong and there was nothing specific,” Mr. Gates said. It was simply his conviction, he added, “that a new approach was probably in our best interest.”

The media will give you the boilerplate on McChrystal’s career including his recent stint as commander of the Joint Special Operations Command who ran all special operations in Iraq (and his part in the Pat Tillman investigation which wasn’t quite as sterling).

But there’s more to it than just the fact that he commanded JSOC in Iraq. As abu muqawama points out, there was a big improvement in JSOC after McChrystal took command and how that impressed a certain other commander:

I do know that many policy-makers and journalists think that McChrystal’s work as the head of the super-secret Joint Special Operations Command was the untold success story of the Surge and the greater war on terror campaigns. I also know that McChrystal and David Petraeus forged a close working relationship in Iraq in 2007 and have much respect for one another. (Prior to 2007, the relations between the direct-action special operations task force and the overall command in Iraq were strained at best.)

So my guess is that Gen. Petraeus had a hand in McKiernan’s new status as “former commander”. Apparently he wasn’t seeing in McKiernan the type of thinking Petraeus feels is necessary to win in Afganistan.  He may see in McChrystal the type of outside-the-box thinking he feels is necessary to turn the effort around there.

Abu again:

I do not know if the war in Afghanistan is winnable. But I do know that Stan McChrystal is an automatic starter in anyone’s line-up.

Game on.

Frankly, I’m pleased with the move. Time will tell if it pans out, but it shows me a seriousness about the war in Afghanistan that I wasn’t sure existed within this administration. This isn’t a half-hearted move.   Tip of the cap to the Obama administration for doing what I believe is necessary to move the war forward in a positive manner. Credit where credit is due and all of that.

~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


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.


Obama Administration – Forget That Habeas Thing, It Only Applies To Gitmo

Earlier in the week I pointed out that the Obama administration was defending their assumed right to continue the wiretaps they so roundly condemned when the Bush administration did them.

And, of course, we all remember the consistent condemnation by candidate Obama of Guantanamo Bay and the denial of habeas to prisoners there as a horrible denial of rights.

Of course that was then and this is now, and it appears what was considered a principled stand now appears nothing more than election year rhetoric.

The Obama administration said Friday that it would appeal a district court ruling that granted some military prisoners in Afghanistan the right to file lawsuits seeking their release. The decision signaled that the administration was not backing down in its effort to maintain the power to imprison terrorism suspects for extended periods without judicial oversight.

But that was a mortal sin when BushHitler was in charge, wasn’t it?

Michael W explains the case here. Even Glenn Greenwald realizes there is no difference between the administrations on this question.

As Insty reminds us:

Yeah, it’s as if all that talk about the evil power-grabs of the Bush Administration was just insincere electioneering. What made those power-grabs evil, in Obama’s eyes, wasn’t that they were power-grabs. It was that they were by the Bush Administration.

~McQ


Obama Visits Troops In Iraq

I was wondering if this would happen:

The top U.S. commander in Iraq, Gen. Ray Odierno, met Obama shortly after Air Force One landed in Baghdad about 4:42 p.m. local time (9:42 a.m. ET).

Obama chose to visit Iraq rather than Afghanistan because of its proximity to Turkey, which Obama just visited, said Robert Gibbs, the president’s spokesman.

In addition, Obama wanted to discuss Iraq’s political situation with Iraqi Prime Minister Nouri al-Maliki and Iraqi President Jalal Talibani, Gibbs said.

Mostly, however, the stop is about Obama visiting troops, he said.

Good – a tip of the cap. This is important and I’m glad to see President Obama made time to see the troops. We can get all cynical about a lot of things, but I, for one, appreciate the effort and the gesture.

~McQ

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