The Reasoned Review

Just another WordPress.com weblog

Archive for May 7th, 2010

Lieberman Wants to Revoke NYC Bomb Suspect’s Citizenship

leave a comment »

At Harper’s, Scott Horton makes a great catch:

Senator Joseph Lieberman has developed a knack for craven fearmongering. His latest proposal was born from the police operation by New York’s finest that led to the capture of Faisal Shahzad last weekend. Shahzad, a financial analyst, is a United States citizen and, as a long-time resident of Bridgeport, one of Lieberman’s constituents, which Lieberman considers a troublesome complication. Lieberman says he will sponsor legislation under which the president will be given the power to deprive a person of his citizenship simply by bringing certain charges.

Lieberman is vague about the proposals, and he offers no explanation of how a citizen could be stripped of his citizenship by executive fiat consistently with the Constitution,a step that would have all the traditional badges of tyrannical government. He also apparently believes, incorrectly, that only U.S. citizens have a right to receive aMiranda warning. (That’s the sort of mistake that a young lawyer sitting for the bar would never make, although Lieberman has been a lawyer since 1967 and was a former Connecticut attorney general.)

Though obviously legislative adventures such as those of Mr. Lieberman should be avoided at all costs, I think it is important to remember that the “facts” of the Times Square incident are now murky and inconclusive at best. We have a “suspect”, but no idea if he actually did it; we have a confession, but no idea how it was extracted. For all the front-page accusations of his supposed “links” to “The Taliban”, we know only for sure that

1) – A crude, incompetent bomb consisting of M-88 firecrackers (the sort children play with), a sealed tank of propane, and a couple bags of fertilizer was placed at the back of an SUV in Times Square. This is not how you make a bomb, and given that the sort of firecracker he bought cannot undergo self-reignition (one M-88 can’t set off another M-88 with its detonation), I have real doubts that the “explosion” would have even broken through the car. It was hardly the sort of device one envisions upon hearing the phrase “car bomb”, particularly as the citizens of Baghdad have come to know it.

2) – A Pakistani-American citizen was picked up at an airport attempting to leave the country with a ticket he paid for in cash. The Times sent its reporters scurrying to find his relatives the moment the NYPD released his name, and they emerged with a hit piece on how the suspect, Mr. Shahzad, “fit the profile of a Terrorist”. Rife with circumstantial evidence, the article describes his “‘money woes”, his newfound “zeal for Islam”, his “strong religious identity” and so forth. The article does not mention the evidence against Mr. Shahzad, and takes his guilt as a foregone conclusion.

3) – The suspect confessed. But I should stress emphatically that that is all we know of his confession. Mr. Shahzad has been accused of five terrorism-related charges, according to the New Statesman, and apparently gave his interrogates “the goods” – that is, he confessed to having trained in Pakistan, having “links” with “The Taliban”, etc – precisely what our policy planners might have wanted. The AFP was kind enough to note that Mr. Shahzad has not been in a court, and has in fact, “disappeared” since his “dramatic arrest” 4 days ago. We don’t know where he was taken, who interrogated him, or what exactly he confessed to.

I do not wish to be called a “conspiracy theorist”, but it is well known (and given the tone of coverage, tragically well accepted) that if you are accused of the crime of Terrorism, you will be interrogated in secret and tortured at the very least by days or weeks of sleeplessness (try it, reader!). I have no idea how Mr. Shahzad was interrogated, except that it was done by the military. Unless I see documentary evidence to suggest otherwise, I think that given the military’s past experiences with interrogation, we can assume Mr. Shahzad was tortured.

Then what is his confession worth? Very little, it would seem, and even less given the almost hilarious nature of his “crime”. The contents of his car were essentially inert. Is it a crime to have firecrackers, a sealed propane tank, and a few bags of fertilizer in your car at Times Square on a Saturday night? Evidently, if you happen to be on a particular list, everything is a crime.

It would be difficult to overstate the danger of Mr. Lieberman’s proposal and those like it. By classifying a certain class of crime (“Terrorism”) as one for which normal rules do not apply, one creates a dangerous precedent. Who, after all, is a Terrorist? Mostly Muslims, for now, but the Administration has given indications for years that it plans on expanding the definition to, say, civil disobedience.

This is an unhealthy trend, and ought to be stopped. To have two sets of laws – one for people accused of “Terrorism” and the other for everyone else – is illogical and absurd; and worse, it demolishes the idea of whether or not we can conclusively ascertain a “Terrorist’s” guilt. Precisely because Mr. Shahzad likely confessed under torture, we shall never know whether or not he was actually guilty.

Written by pavanvan

May 7, 2010 at 9:20 pm