Posts Tagged ‘indefinite detention’
Via The New York Times, President Obama has just ordered a “broad expansion of clandestine military operations” in an attempt to “disrupt, dismantle and defeat Al Qaeda”. The ‘covert operations’ will likely include anything from target assassinations, ‘drone’ attacks in Pakistan, secret bombing campaigns, money transfers to client states (a la Karzai and Maliki), and many things in-between. This is a significant move for a variety of reasons, not least of which stands the utter lack of public consultation for such a policy.
Mr. Greenwald has a timely essay on why Mr. Obama can undertake such extreme actions in the absence not only of opposition to his imperial policy, but indeed, any discussion whatsoever. Our major news outlets have reported the order in classic ‘objective’ style, assigning as little controversy to it as possible and treating it instead as a run-of-the-mill executive action. But it is interesting to examine why, in this year 2010, after nine continuous years of war, public opinion is such that a unilateral expansion of our secret military complex can occur with as little discussion as imaginable.
First, Mr. Greenwald notes, because this military expansion is taking place under a “Democratic” President, it creates the illusion of so-called ‘bipartisan support’. Back when President Bush was carrying out covert operations in Yemen, Pakistan, Saudi Arabia, Egypt, etc., they were painted as the actions of an ‘extremist’ administration, one which regards the opposition with disdain and made a point of treating international law with utter contempt. However, after 18 months of military escalation, these wars are as much Mr. Obama’s (that is, “Democratic” wars), as they were Mr. Bush’s. As such, the number of “Democrats” willing to risk their political futures by opposing military action has dropped precipitously, as have the number of war-opposers in the general population. Specifically, the subset of people for whom Mr.Obama can do no wrong will automatically agree with his war policy – or if they disagree, put forth some excuse as to how Mr. Obama ‘has no choice’.
The biggest reason Mr. Greenwald identifies, however, is the complete lack of documented impact these wars have on our livelihood. It has been often mentioned that, unlike in Vietnam, very few Americans have had to go to war against their will. Our press is largely censored as to the true cost of our warfare not only on the beleaguered people of Iraq and Afghanistan, but even our own soldiers. Recall the recent dust-up when our Secretary of War, Robert Gates, “harshly condemned” the media’s display of a flag-draped coffin. And that was just one soldier, who had admittedly died in combat, but whose grisly death we had been totally shielded from. As much as possible, we citizens are encouraged not to think about our military “commitments” abroad, and instead to simply carry on with our daily lives, a few dollars shorter than the day before, a little more ragged perhaps, but still inestimably “proud” of our “commitment” to “democracy in the Middle East”. One wonders just how far that pride would take us if more than 1% of the US population was involved in our military escapades, as the statistic stands now.
But beyond that, what Mr. Greenwald hints at but never explicitly states, is the psychology of powerlessness to which we citizens are routinely subjected. We literally have no say in what our government does abroad, and we have less and less of a say in even its domestic policies. In the 2008 elections, both candidates were unabashedly pro-war, Mr. Obama more so than even his most fervent supporters might have dreamt. For whom are we to vote if we wish to exit Iraq and Afghanistan immediately? Which Congressman, which Senator would even entertain such a possibility? To whom do we donate that we can be sure our paltry $50 will not be rendered irrelevant by the millions of dollars industry interests donate in order to keep these wars going? It is an implacable question, one made all the more urgent by President Obama’s dramatic escalation of our already over-stretched ‘commitments’.
The feeling of powerlessness can lead to apathy, but also to fear. When one recalls the brutality to which previous “anti-war protesters” have been subjected in the US, including savage beatings with nightsticks, water-cannons, ear-splitting sound emitters, tear gas and rubber bullets, it is not hard to imagine from whence this fear of dissent arises. Recall, also, that since the Homegrown Terrorism Act of 2007 passed, civil disobedience – the mere act of peaceful protest – has been defined as ‘terrorism’. And once you are accused of ‘terrorism’, citizen or no, you are immediately stripped of every right you think you have.
This latest move towards military hegemony is particularly insidious, and I suppose it follows that Mr. Obama merely announced his policy, in true decree style, with little or no discussion. With one stroke of a pen, Mr. Obama has resserved the right to carry out military operations anywhere around the globe, from “surgical strikes”, bombing campaigns, ground incursions, assassinations, or, indeed, anything his enigmatic mind may wish. It is worth remembering at this point that Mr. Obama also reserves the right to assassinate US citizens in their beds (that is, far from a battlefield), and ‘render’ accused terrorists to a global prison complex where no defense attorney dares enter. There, they can be beaten, tortured, or even murdered, far from the watchful eye of the Red Cross.
It is easy to imagine this latest move on the part of Mr. Obama is merely a continuation of Mr. Bush’s odious policies. It is that, of course, but its implications go far deeper. Mr. Bush’s covert actions were largely piecemeal: an assassination here, a few ‘drone’ attacks there, maybe some ‘cash assistance’ to some friendly dictator or another for spice. In contrast, Mr. Obama’s new ‘national security strategy‘ systematizes these covert acts of aggression, and sets up, in essence, a new governmental body, with no congressional or popular oversight, to carry out his murderous will around the globe. It is difficult to overstate the significance of this ‘overhaul’, yet it is even more difficult to convince anyone of that significance.
Mr. Hitler once coined the term for the Germans as a ‘sleep-walking people’, but the same could easily be said of Americans (or, for that matter, anyone else). We face, in our generation, a confluence of crises of which we are only just beginning to see the magnitude, and unfortunately the first step to solving a crisis is to realize it exists, something for which, at least with regards to our present constitutional crisis, we still have quite some ways to go.
John Yoo, the primary author of the legal memoranda that gave President Bush the power to detain and torture anyone he likes, has written a slimy op-ed in the Wall Street Journal defending his ethical lapses. I know that Mr. Yoo is a big-shot Berkeley Law professor (and I’m just a 22-year-old nothing), so for fear of sounding ignorant I suppose I won’t give his article too much time. But it does beg for comment.
He begins, detailing the marvelous gift he bestowed upon President Obama:
Barack Obama may not realize it, but I may have just helped save his presidency. How? By winning a drawn-out fight to protect his powers as commander in chief to wage war and keep Americans safe.
He sure didn’t make it easy. When Mr. Obama took office a year ago, receiving help from one of the lawyers involved in the development of George W. Bush’s counterterrorism policies was the furthest thing from his mind. Having won a great electoral victory, the new president promised a quick about-face. He rejected “as false the choice between our safety and our ideals” and moved to restore the law-enforcement system as the first line of defense against a hardened enemy devoted to killing Americans.
This is confusing for so many reasons. As I’m sure Mr. Yoo knows, President Obama has endorsed kidnapping “terrorism suspects” and holding them indefinitely at various sites around the globe. He’s opposed to any further investigation into our torture policy (something for which I imagine Mr. You would be quite grateful), and has, in fact, expanded the legal black hole at Bagram Air Base in Afghanistan, where no defense attorneys, judges or prosecutors can set foot.
Mr. Yoo mentions that President Obama has ordered Guantanamo closed (actually, Obama hasn’t closed it yet, and probably never will), but no other evidence to suggest President Obama has endorsed a meaningful review of executive power. I just don’t understand how one promise that anyway went unfulfilled means Obama is “[determined] to take us back to a Sept. 10, 2001, approach to terrorism”, as Yoo later writes.
Then Mr. Yoo complains of being “hounded” in the form of a superficial Office of Professional Responsibility (OPR) review. I admit I have not read the report, but Mr. Yoo claims:
OPR’s investigation was so biased, so flawed, and so beneath the Justice Department’s own standards that last week the department’s ranking civil servant and senior ethicist, David Margolis, completely rejected its recommendations.
Which says more, perhaps, about the Office of Professional responsibility than it does about the tactics which Mr. Yoo authorized, which include being forced to stand for weeks while shackled to the ceiling. And, of course, Mr. Yoo doesn’t deign to mention that the very “enhanced interrogation techniques” that he advised Presidents Bush and Obama to use, and defends in this article, are unconstitutional according to the Supreme Court.
Mr. Yoo lauds himself for sitting through the tedious hearings, even though he was under “no legal obligation to do so” and even though they had no impact on his lucrative professional career. Why should he make such a non-sacrifice?
I did not do this to win any popularity contests, least of all those held in the faculty lounge. I did it to help our president—President Obama, not Bush. Mr. Obama is fighting three wars simultaneously in Iraq, Afghanistan, and against al Qaeda.
Forgive me, but if one of the wars is specifically against al Qaeda, whom are we fighting in Iraq and Afghanistan? Are those merely “wars” in the general sense of the term, with no clear enemy or end? If they are, Mr. Yoo’s lengthy and repeated defenses of executive rule-by-decree during “wartime” means he advocates for a vast and permanent expansion of the President’s power. I don’t get it. Is that what he’s trying to say?
He ends his “op-ed piece”, which was really a self-serving polemic, with a bizzare example from five years ago:
n 2005, a Navy Seal team dropped into Afghanistan encountered goat herders who clearly intended to inform the Taliban of their whereabouts.
The team leader ordered them released, against his better military judgment, because of his worries about the media and political attacks that would follow. In less than an hour, more than 80 Taliban fighters attacked and killed all but one member of the Seal team and 16 Americans on a helicopter rescue mission.
So, according to John Yoo, those few American deaths justify the indefinite detention of any and all goathearders (and anyone else we might happen not to trust). Do not bother asking Mr. Yoo why it is we’re in Afghanistan in the first place, who it is we’re fighting, or what our ultimate goals are. That’s not his department.
Lilliana Segura of Alternet reports:
The bill is only 12 pages long, but that is plenty of room to grant the president the power to order the arrest, interrogation, and imprisonment of anyone — including a U.S. citizen — indefinitely, on the sole suspicion that he or she is affiliated with terrorism, and on the president’s sole authority as commander in chief.
A subsequent section, titled “Detention Without Trial of Unprivileged Enemy Belligerents,” states that suspects “may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners.” In a press conference introducing the bill earlier this month, Sen. Joe Lieberman said, “I know that will be — that may be — a long time, but that’s the nature of this war.”
I’ve never seen a piece of legislation so baldly committed to subverting the rule of law. Remember, former Chief of Defense Staff has explicitly stated that the War on Terror (‘hostilities against the United States or its coalition partners’) could last 50 years. Or forever! No one knows!
Thankfully we still have a half-way independent judiciary which has repeatedly struck down similar legislation; so the odds are that this bill, if passed, will eventually be found unconstitutional (which, of course it is). But until then, anyone caught up in the drag-net of police state action this bill recommends will find themselves very lonely indeed, while they wait for the ‘war on terror’ to end.
And can we drop all this nonsense about “well, if you’re not a terrorist, you don’t need to worry”? Tell that to the 90% of inmates at Guantanamo Bay who are totally innocent. Tell that to the taxicab drivers, bakers and welders who were sold for bounties and found themselves held and tortured for years at the various US “black sites” around the globe. This bill isn’t so much an “anti-terrorism” bill as it is an “anti-Muslim” bill.
Seeing that the guy who flew his plane into a Texas IRS building (the very definition of Terrorism) was labeled a “tax protester” by our government and media, and our own Homeland Security department is on record saying that Timothy McVeigh (who bombed an Oklahoma government building, killing 168 people, including children) “wasn’t a terrorist“, it should be clear who that epithet refers to.
And if there’s any doubt still remaining, just check Newsweek‘s “handy guide” as to who is and is not a “terrorist”:
Lone wolfish American attacker who sees gov’t as threat to personal freedom: bomber, tax protester, survivalist, separatist
Group of Americans bombing/kidnapping to protest U.S. policies on war/poverty/personal freedom/ – radical left-wing movement, right-wing separatists
All foreign groups or foreign individuals bombing/shooting to protest American gov’t: terrorists
So it should be clear that this bill is specifically designed to more easily arrest “foreigners” (even those who happen to be US citizens), hold them indefinitely without trial, and – what the hell, why not – torture them. White people cannot, by definition, be terrorists. Only brown people can.