Posts Tagged ‘Al-Qaeda’

Patriots Can Commit War Crimes

June 9, 2010

When the American Enterprise Institute hired Marc Thiessen, I argued that the organization suffered a blow to its credibility — it employs so many top-notch thinkers, and they deserve better than to have the reputation of their think tank sullied by its association with a man whose work frequently fails to meet even minimal standards of factual accuracy.

Those complaints stand, but today I want to focus a different flaw revealed in Mr. Thiessen’s latest post at the AEI blog. It is titled Hero or War Criminal, and the sloppy thinking on display is an intellectual embarrassment.

He writes:

The Washington Post reports today on Monday’s memorial ceremony at the CIA, at which a dozen new stars were placed on the wall honoring CIA officers and contractors who have given their lives in defense of our country—including those killed by an al Qaeda suicide bomber at a CIA base in Afghanistan.

One of those stars commemorated a CIA officer whose identity was only made public yesterday—Jennifer Lynne Matthews, a mother of three from Northern Virginia who was the chief of the CIA base struck by the terrorists. According to the Post, Matthews “had been one of the CIA’s top experts on al-Qaeda and a veteran targeteer in the agency’s air war against terrorist groups.”

As I point out in the Washington Post today, in the eyes of the American Civil Liberties Union and the United Nations, this makes Matthews not a hero, but a murderer. According to the ACLU, Matthews was engaged in a “program of long-premeditated and bureaucratized killing” and that “violates international law.” According to the UN special rapporteur, her actions “constitute extrajudicial executions.” In fact, neither is true. Matthews was not a war criminal; she was a patriot who gave her life so that the rest of us can live safe from terror. She deserves better.

As commentary on the Sean Hannity show, this would do well to rile up the least thoughtful members of the audience by appealing to their jingoism instead of there brains. That Mr. Thiessen is offering it up to AEI’s audience ought to be insulting to them. The phrase “war criminal” is loaded with negative connotations and often used pejoratively in political discourse, but that doesn’t change the fact that whether or not someone has committed war crimes is a legal question, not a moral one. A patriot is someone who loves their country. It is perfectly possible to be a patriot, to perform patriotic acts in a war, and to commit a war crime in the course of doing so. A dispassionate analysis renders the point rather obvious, which is why Mr. Thiessen’s readership at AEI should be insulted by the post. Apparently he thinks that by using loaded terms like “war crimes” and “patriot” he can write a post that makes no sense without anyone noticing. Indeed, if you click over, via the link Mr. Thiessen provided, to his Washington Post column, part of his argument is that President Obama is exposing patriots in the CIA to legal jeopardy by conducting assassinations by drone without appropriate legal cover. In other words, they may be guilty of war crimes, even though Mr. Thiessen believes that this would be deeply unfair, and could be remedied if only President Obama would conduct things differently.

Now consider another part of the AEI post. Stipulated is that the tragically deceased CIA patriot, Jennifer Lynne Matthews, was a targeteer in the CIA’s drone war against Al Qaeda. Mr. Thiessen writes:

According to the ACLU, Matthews was engaged in a “program of long-premeditated and bureaucratized killing” and that “violates international law.” According to the UN special rapporteur, her actions “constitute extrajudicial executions.”

I don’t know whether Ms. Matthews violated international law — let’s say for the sake of argument that she did not, and that she is not a war criminal. Let’s further stipulate that in her duties she only killed Al Qaeda terrorists, never harming so much as a single innocent person. It is nevertheless obvious that a targeteer in a CIA drone war is engaged in “long-premeditated and bureaucratized killing.” What other fate could possibly befall a bureaucrat after her bureaucrat bosses assign her to killing-people-by-drone duty in the bureaucracy responsible for such things, and she follows the orders?

As obvious is that her actions “constitute extrajudicial killings.” She killed people outside the judicial system. That is what CIA assassins do.

Is Mr. Thiessen uncomfortable defending long-premeditated, bureaucratized, extrajudicial killing, and so trying to change the name? Is he savvy to all this and just trying to distract the reader with illogical rhetoric? I cannot say, never having been able to understand what it is that goes on inside the mind of Mr. Thiessen. But I do know that AEI should be above blog posts of this kind appearing under its banner, and that if I were one of their scholars I’d be furious. Unless I were Lynne Cheney, in which case I’d probably love that blog post.

President Obama: Trending Toward Cheneyism

April 7, 2010

Kevin D. Williamson talks sense at The Corner, repudiating President Obama’s imprudent assertion of executive power:

I hate to play the squish, but am I the only one who is just a little bit queasy over the fact that the president of the United States is authorizing the assassination of American citizens? Andy writes that this is “obviously the right call.” I might be persuaded that this is, in fact, the right call. But obviously? No hesitation there? It seems to me that the fact of U.S. citizenship ought to be a bright line on the political map.

Surely there has to be some operational constraint on the executive when it comes to the killing of U.S. citizens. It is not impossible to imagine a president who, for instance, sincerely believes that Andy McCarthy is undermining the Justice Department’s ability to prosecute the war on terror on the legal front. A government that can kill its citizens can shut them up, no? I ask this not as a legal question, but as a moral and political question: How is it that a government that can assassinate Citizen Awlaki is unable to censor Citizen McCarthy, or drop him in an oubliette? Practically every journalist of any consequence in Washington has illegally handled a piece of classified information. Can the president have them assassinated in the name of national security? Under the Awlaki standard, why not?

Odious as Awlaki is, this seems to me to be setting an awful and reckless precedent. Consider how “interstate commerce” has been redefined over time to cover that which is neither interstate nor commerce, for the sake of political expediency. It is easy to imagine “national security” being treated the same way, particularly in an open-ended conflict against a loosely defined enemy. And we aren’t assassinating U.S. citizens under the rubric of interstate commerce.

I’ve been raising this point too, and I’ve yet to get a satisfactory answer.

Mr. McCarthy is addressing the same subject today, and for once I agree with a lot of what he has to say:

According to the report, a U.S. official told Reuters that “Awlaki is a proven threat,” and therefore someone who could properly be targeted for killing. But by leftist standards — including those urged by Attorney General Holder when he was in private practice filing briefs in support of American-born “dirty bomber” Jose Padilla — Awlaki is most certainly not a proven threat. He has not been convicted in a court of law.

So here is the Obama Left’s position. If an alien enemy combatant, such as Khalid Sheikh Mohammed, mass-murders 3000 Americans and is then captured outside the U.S. in wartime, we need to bring him to the United States and give him a civilian trial with all attendant due process rights. If an alien enemy combatant is sending emails from outside the U.S. to an al Qaeda cell inside the U.S., the commander-in-chief needs a judge’s permission (on a showing of probable cause) to intercept those communications. If an American citizen terrorist outside the United States — say, Awlaki in Yemen — is calling or emailing the United States (or anyplace else), the commander-in-chief needs a judge’s permission to intercept those communications. If we capture an alien enemy combatant conducting war operations against the U.S. overseas, we should give him Miranda warnings, a judicial right to challenge his detention as a war prisoner, and (quite likely) a civilian trial. But, if the commander-in-chief decides to short-circuit the whole menu of civil rights by killing an American citizen, that’s fine — no due process, no interference by a judge, no Miranda, no nothing. He is a proven threat because … the president says so.

Of course, Mr. McCarthy agrees that individuals are proven threats who can be summarily killed merely because the president says so. Indeed, he somehow simultaneously believes that President Obama should have the unchecked power to kill American citizens, that he is a closet radical with jihadist sympathies, and that he is rightly ordering the assassination of an American jihadist. Incoherent as this is, the most troubling thing is that Obama apparently agrees with the part of this warped worldview that is most corrosive to liberty and limited government. When the Cheney wing of the Republican Party is endorsing your actions on national security, it’s a good sign you’re exercising dangerous amounts of unchecked power.

Will liberals go along with this?