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Turning the Corner

Sunday, June 26th, 2011

Turning the Corner

If ever there was an overused cliche, it has to be: “turning the corner.” Along with “the light at the end of the tunnel,” and “beginning a new chapter,” these stale chestnuts should be banned from any self respecting political speechwriter’s cupboard. And yet every day we are subjected to speeches in which we have “turned the corner” on fundraising, or winning an election, or even the economy and job creation.

Now, in a stunning display of mediocre speech writing, President Barack Obama has once again trotted out this tired, expired rhetorical horse and proceeded to flog it mercilessly, telling a group of soldiers at Fort Drum that America has indeed “turned the corner,” in Afghanistan.

That a Commander-in-Chief should grasp at straws when trying to boost the morale of troops – especially troops who are fighting a war that has been going on for ten years – is no surprise. However, the fact that Mr. Obama used the phrase almost in the same sentence as the one in which he informs those same troops they’ll have to keep fighting and killing, and dying – virtually forever – borders on the obscene. Telling soldiers we have turned the corner and then declaring only five thousand troops are coming home is like the pilot who tries to temper the bad news that the fourth engine has caught fire by saying: “but we’re making really great time.”

The war in Afghanistan is nowhere near over. We are nowhere near withdrawing our troops from the Middle East. Declaring the pitiful “drawdown” from Afghanistan as some kind of watershed moment in our invasion and occupation of that country is specious. It is an insult, both to the intelligence of the American people and the honor of those that serve in the armed forces.

Of course one can see how the visual of turning the corner would appeal to a politician who ran his last campaign on the promise of “change.” There are many kinds of corners, however. One wonders, just what sort of corner the president is referring to? Is it the sort of definitive absolute decision implied by taking the “exit only” ramp on the highway? Or is it more of a gradual turn that might morph into a chicane or “ess” curve, the kind that bends back around so we might actually wind up at the end of the day going in the same direction as we were when the whole debacle started.

Are we in a car? On foot? Or perhaps we’re on a train. This railroad image is particularly disturbing because of the implications of inevitability. For many trains, coming around the bend tends to be a more or less constant condition:

And of course as any engineer can tell you, it doesn’t matter how many corners you turn; if the bridge is out, you’re still headed for disaster.

By signaling that he plans to withdraw only 10,000 troops this year and maybe 20,000 more by 2014, the President hardly seems to be implying the kind of sharp turn that so many American’s – and presumably the soldiers as well – were hoping for. Ultimately, what may be needed in Afghanistan is not to turn the corner, but to turn completely around and head back in the other direction. That was what many of us thought Candidate Obama was referring to with his rhetorical eloquence calling for change and hope.

Apparently with regard to war at least, the change Mr. Obama visualized had less to do with reversing direction even significantly altering our course. The only corner president Obama seems intent on turning is the one in his imagination. For the rest of us it’s full steam ahead and damn the missing trestle.

Tags: afghanistan, certaindoubt, cliche, Drawdown, Obama, Politics, railroads, Thomas Vincent, turning the corner, Vincent, war
Posted in Daily Rant, Politics, government, warfare | No Comments »

It Always Comes Down to Money.

Wednesday, June 1st, 2011

In the end it always comes down to money.

The recent article in the New York Times by David Sanger and Elisabeth Bumiller entitled “Pentagon to Consider Cyberattacks Acts of War,” presents a chilling scenario:

“The Pentagon, trying to create a formal strategy to deter cyberattacks on the United States, plans to issue a new strategy soon declaring that a computer attack from a foreign nation can be considered an act of war that may result in a military response.

The new military strategy… makes explicit that a cyberattack could be considered equivalent to a more traditional act of war.” NYT

Just what constitutes a “cyberattack” is not made clear except to say that “any computer attack that threatens widespread civilian casualties — for example, by cutting off power supplies or bringing down hospitals and emergency-responder networks — could be treated as an act of aggression.”

That the Pentagon should employ such a broad reaching definition for cyberattack should give us pause. But it is the proposed response to such an attack that is really mind blowing. In a Wall Street Journal article Pentagon officials outlined the rationale behind the policy:

One idea gaining momentum at the Pentagon is the notion of “equivalence.” If a cyber attack produces the death, damage, destruction or high-level disruption that a traditional military attack would cause, then it would be a candidate for a “use of force” consideration, which could merit retaliation.
WSJ

Given the increasing alacrity with which the United States has been exercising its military muscle around the world, the conclusions about the effects of this policy are inescapable. As one military official is quoted as saying:

“If you shut down our power grid, maybe we will put a missile down one of your smokestacks.”

The putative logic presented by the Pentagon is that by laying out a clear and forceful policy for dealing with threats such as malicious cyber attacks, the Pentagon will – at least in theory – provide a deterrent. The model quoted in the article is that of the deterrent posed by an American policy of absolute retaliation in the event of a nuclear attack.

“A parallel, outside experts say, is the George W. Bush administration’s policy of holding foreign governments accountable for harboring terrorist organizations, a policy that led to the U.S. military campaign to oust the Taliban from power in Afghanistan.” WSJ

The main problem with the Pentagon proposal is that it is a stunning display of overkill. Not only is it hard to imagine which foreign country would be lurking out there with the capability or desire to inflict lethal cyber-damage on the United States, but it defies belief that any bit of cyber chicanery that such a country could come up with could possibly produce the kind of devastation that a single nuclear warhead could wreak. Thus, the kind of “mutually assured cyber-destruction that the Pentagon is implying is not only unnecessary, it is incredibly assymetrical and in no way “equivalent.” It’s sort of like responding to a bee sting by hitting the hive with a 2,000 lb. bunker buster.

Another problem with the Pentagon’s policy is that most of the cyberattacks that the United States has acknowledged have come not from foreign nations at all but from independent hackers and loose-nit organizations such as “Annonymous.” Given the broad definition the Pentagon puts forth it wouldn’t be much of a stretch to label any malicious cyber activity as an attack that would merit a military response. One can even envision a group of strategists in the Pentagon basement thinking up strategies for dropping a smart bomb down Julian Assange’s chimney.

Even when cyber attacks represent legitimate threats, it is often difficult to pin down where the attack originates from. As the NYT article notes:

“During the cold war, deterrence worked because there was little doubt the Pentagon could quickly determine where an attack was coming from — and could counterattack a specific missile site or city. In the case of a cyberattack, the origin of the attack is almost always unclear, as it was in 2010 when a sophisticated attack was made on Google and its computer servers. Eventually Google concluded that the attack came from China. But American officials never publicly identified the country where it originated, much less whether it was state sanctioned or the action of a group of hackers.”

“One of the questions we have to ask is, How do we know we’re at war?” one former Pentagon official said.

Another variable not explored in either the Wall Street Journal or The New York Times is the sometimes tenuous dividing line between the U.S. government and the defense contractors it employs. For example, Lockheed Martin recently claimed it’s information systems were the target of a “cyber attack”

Given the fact that Lockheed Martin’s products include the Trident missile, P-3 Orion spy plane, F-16 and F-22 Raptor fighter jets and C-130 Hercules military cargo planes among many other major weapons systems, could this attack on a private corporation be considered an attack on the United States and thus one that would merit a military response by the U.S. military? With all the various contractors and sub-contractors now employed by the Pentagon would a cyber attack on any of them be considered an act of war?

If the danger is not clear and present, if the culprits are hard, if not impossible to identify, and if the list of targets is endless, why on earth would the Pentagon be proposing military action, i.e. war, as a response?

Not surprisingly, like so much that comes out of the Pentagon , the answer comes down to money.

“The Pentagon strategy is coming out at a moment when billions of dollars are up for grabs among federal agencies working on cyber-related issues, including the National Security Agency, the Central Intelligence Agency and the Department of Homeland Security. Each has been told by the White House to come up with approaches that fit the international cyberstrategy that the White House published in May. “

Thus, once again, the Pentagon’s strategy for dealing with a perceived attack has little or nothing to do with protecting the homeland.

Surprise, surprise. Once again, it’s all about the Benjamins baby!

Tags: Benjamins, Certain Doubt, cyber attacks, cyberattacks, defense, ethical, government, money, Pentagon, reddit, retaliation, spectacle, Thomas Vincent, Vincent, war
Posted in Daily Rant, Ethics, Politics, economics, government, technology, warfare | No Comments »

Where Does It End?

Saturday, May 7th, 2011

Okay, now it’s official. Pandora’s box has been opened; the cat’s out of the bag; pick your cliché.

The United States is now officially at war with its own citizens. The following headline in today’s New York Times says it all:

Drone Strike in Yemen Was Aimed at Awlaki

By Mark Mazzetti
Published: May 6, 2011

WASHINGTON — A missile strike from an American military drone in a remote region of Yemen on Thursday was aimed at killing Anwar al-Awlaki, the radical American-born cleric believed to be hiding in the country, American officials said Friday.

The recent military action against Osama bin Laden which resulted in his death at least could plausibly be interpreted as an attempt to “capture or kill” the al Qaeda leader. At least that’s the official story, though it is appearing more and more like the capture part of the equation was little more than an after-thought.

“Specific orders were issued to the SEALs… Bin Laden was to be captured, one official said, if he “conspicuously surrendered.”" 1

Opinions may differ about the definition of what constitutes conspicuous surrender. But there can be no doubt about the attack in Yemen. The United States didn’t give Awlaki even the illusion of a chance to surrender. The US flew a military mission over a sovereign nation – a nation with which we are not at war – to attempt to seek out and destroy an American citizen.

The ramifications of this are truly disturbing. It’s one thing to send in commandos to kill/capture a foreign national who has openly declared war on America and who himself claimed responsibility for the most heinous terrorist attack on our soil. It is another thing entirely to fire missiles at one of your own citizens.

I don’t know whether the US actually meant to kill Mr. al Awlaki or merely to send a message. The success rate of drone attacks in targeting individuals is, to date, rather poor. But the fact that they fired missiles at Awlai, a man whose “crimes” appear mainly to center on the fact that he gives fiery and influential sermons, only highlights the increasing willingness of the United States to use extra judicial killing as a means of dealing with its problems.

The attack on Thursday was part of a clandestine Pentagon program to hunt members of Al Qaeda in the Arabian Peninsula, the group believed responsible for a number of failed attempts to strike the United States, including the thwarted plot to blow up a transatlantic jet on Dec. 25, 2009, as it was preparing to land in Detroit.

The blatant speciousness of this paragraph – how can a program be “clandestine” if it appears on the front page of the New York Times – is only overshadowed by what it fails to say. Having identified Al Qaeda in the Arabian Peninsula as a recognizable group, one that is “believed responsible” for various and sundry thwarted plots against this nation, the Pentagon now asserts its right to launch seek and destroy missions to, in essence, kill anyone who is even “believed to be an operative of Al Qaeda” – even Americans.

As I have said before on this blog, if a president has cause to believe this nation is under attack he is duty bound to remove the threat. But there is a huge unspoken elephant in the room with regard to the actions against Mr. Awlaki: If the President feels he has the power to assassinate anyone he believes to be a threat to the United States, where does it end?

If the President feels comfortable enough with the idea of extra judicial killing that he will authorize its use to go after an American citizen in Yemen, could not future presidents use this precedent to go outside the law in dealing with other “threats” to the U.S.A.?
At the dawn of our nation, the federalists instituted the Alien and Sedition Act which imprisoned citizens for even criticizing the government. With the killing of bin Laden and the targeting of Awlaki, the Obama Administration seems to be upping the ante. If you give fiery anti-American sermons and incite others to fight violent acts, we will not even bother to capture you, try you, and incarcerate you; we will simply incinerate you.

Obama is a thoughtful man. I have no doubt that he exercised due caution before making this decision to send in a team of Seals to “capture” bin Laden. I wonder, however, if an equal amount of thought went into the drone attack on Awlaki – an act that could conceivably have more far reaching impact on foreign policy than the attack on bin Laden.

The killing of bin Laden was not a surprise to anyone. Even bin Laden himself acknowledged the reality of his situation – as witnessed by the measures he took to remain un-discovered. But the actions against Awlaki represent a huge leap towards the complete abandonment of anything remotely resembling a peaceful, lawful American foreign policy. It says to the rest of the world: if there is anyone in your country – including our own citizens – who we even think may be dangerous, we will kill them by any means at our disposal.

Gone is the illusion of the rule of law. Good bye is due process, Habeas corpus. Forget about Innocent until proven guilty? Fuggedaboutit! If we say you’re dangerous, we will kill you.

Under this policy, there is no limit to the killings that could occur. So I ask again,

Where Does it End?

Tags: Assassination, Awlaki, bin Laden, certaindoubt, drone, extrajudicial, government, Military, Obama, Thomas Vincent, Vincent, war, Yemen
Posted in Daily Rant, Ethics, Politics, government, law, warfare | No Comments »

Justice?

Thursday, May 5th, 2011

Justice: “the administration of law according to prescribed and accepted principles.”

In his speech to the nation following the raid and subsequent killing of Osama bin Laden, President Barack Obama was – perhaps for the first time in his presidency – seriously injudicious with his words.

His mistake? In referring to the death of bin Laden at the hands of a Seal Commando team, several times Obama used the word: “Justice.”

Was it relief after a tense situation? Was it elation that the mission had not blown up in his face, caused an international incident and possibly doomed his chances for re-election? Who knows. Whatever it was, it was an uncharacteristic mistake by a man who is usually very careful with his choice of words.

As Commander in Chief, the President is well within his rights to take any action he feels necessary to protect the citizens of his country from any real and present dangers to America and its citizens. This includes authorizing troops to use lethal force. Killing your enemy in battle, even a one sided surprise commando raid, may be considered necessary. But it is a huge mistake to consider such killing as “justice.”

Thinking of any military action as right and just sets a very dangerous precedent. In its own way, Obama’s calling the killing of bin Laden justice could ultimately be just as dangerous and inflammatory as his predecessor’s injudicious use of the word “crusade” to describe our invasions of Afghanistan and Iraq. If the Muslim world – and the rest of the world – perceives Obama as one who excuses all military actions as “just,” and even righteous, what is to keep him from sending helicopters full of soldiers into other countries and executing their citizens?

My favorite definition of the word justice is: “the administration of law according to prescribed and accepted principles.” As a Constitutional law scholar the President should know better than to wave around the “J” word when talking about military or para-military operations. Wars are messy. There is always collateral damage. Innocents get killed in the cross fire. Because of this, wars are, by definition, never about justice. You don’t send in a highly trained group of professional killers to mete out justice. No matter how bad a guy bin Laden was, storming into his house, shooting him twice in the head and dumping his body in the ocean cannot be thought of as the administration or even the enforcement of law.

Revenge? Maybe. Retribution? Certainly. But justice? I don’t think so.

When you can’t bring the accused back to face charges because of the outcry it would cause and the possible embarrassing things that might come out of a trial; when the results of your military action is so gruesome you can’t even release pictures of the accused man’s corpse for fear that it will inflame riots; when every aspect of said operation is secret and confidential, it may be the most expedient way to remove a threat to your country.

But it’s not justice.

I’m aware of the challenges of trying to neutralize a crazed religious zealot bent on martyrdom. It may well be that shooting bin Laden and making his body disappear was the only way to prevent his death from becoming a focal point for those bent on terrorism against the United States. No shrine, no body, no martyr. And, as I’ve said before, if one defines one’s actions as a “war on terror,” then taking out the enemy is a perfectly acceptable thing to do.

But you can’t call it justice.

In a perverse way, if we truly wanted to visit justice on Osama bin Laden, if we really wanted the punishment to fit the crime, we should try him, convict him, then pack a 747 full of jet fuel and fly it into his house. Better still, we should systematically identify all members of his family and fly planes into their houses.

I am sufficiently convinced that the President exerted due diligence before making the decision to send in the SEAL team. Unlike his predecessor, he pondered long and hard over the ramifications, weighed the pros and cons and ultimately decided that a commando strike was the best course to take. I don’t fault him for making the decision to go ahead. I do wish, however, that he’d been a little more careful in his choice of language.

There are enough people in the military who think surgical pre-emptive para-military strikes are righteous and just should be a regular part of our foreign policy. I don’t think they need any encouragement from the commander-in-chief.

Tags: Assassination, bin Laden, certaindoubt, governement, just, justice, Military, Obama, Osama bin Laden, right, SEAL, Thomas Vincent, Vincent
Posted in Daily Rant, Ethics, Politics, government, law, warfare | No Comments »

Indefinite Detention

Wednesday, December 29th, 2010

Along with many others in my circle of friends I have been scratching my head over the recent decision by the Obama administration to continue the Bush administration policy on indefinite detentions.

While I can understand the stance that such detentions are a “useful tool” in dealing with terrorists which the government feels would be difficult to try in a court of law, I believe that Habeus Corpus and the right to a fair trial are too important to be thrown away for the sake of convenience. Furthermore, president Obama’s campaign assertion that if elected he would close Guantanamo and work to restore the rule of law with respect to things like torture flies in the face of his decision to maintain presidential authority to unilaterally side step the court system in favor of military tribunals, an arbitrary and capricious system which leaves virtually all who get swept up in it in legal limbo, incarcerated without trial, without charges and even without access to legal representation.

Recently I had a conversation with a friend about indefinite detentions. He expressed the opinion that indefinite detention was “a useful tool,” and that “Indefinite detention doesn’t negate habeas corpus as long as there is a sufficient hearing.”

I am not a lawyer. However, even as a lay person, I fail to see how indefinite detention doesn’t put a serious crimp in the notion of habeus corpus and the right to a fair trial.

From Wikipedia:

A writ of habeas corpus is a summons with the force of a court order, addressed to the custodian (a prison official for example) demanding that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine if the custodian has lawful authority to detain the person. If the custodian does not have authority to detain the prisoner, then he must be released from custody. The prisoner, or another person acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus.

If the executive claims for himself and himself alone the ability to detain an individual indefinitely, without any oversight, where does a prisoner’s right to habeus corpus come in? Without a legal system in place which allows for an appeal of one’s detention, is not the process of arrest and detention – or if we are to be truly honest, imprisonment – arbitrary , subject not to the will of a recognized legal authority but instead to the whims and convenience of a single individual?

Recognize here we are not dealing with the minutae of the president’s constitutional power. Any leader may well claim he has the the ability to detain individuals based on some nebulous war powers granted by a compliant legislature. What I am arguing is that by expanding his power to arrest and detain individuals without right of appeal, Obama is negating the legal system upon which the legitimacy of his office rests. He is like the fish who, by dreaming of flight, negates the existence of the very water which he needs to survive. (sorry, I’ve been reading too much Zizek.)

When one gets to the matter of a right to a fair trial things get even stickier.

Habeas corpus … is technically only a procedural remedy; it is a guarantee against any detention that is forbidden by law, but it does not necessarily protect other rights, such as the entitlement to a fair trial. So if an imposition such as internment without trial is permitted by the law then habeas corpus may not be a useful remedy.

The truly heinous thing about the President’s decision to continue Guantanamo and reinstate military tribunals is not the denial of Habeus Corpus but the denial of the right to a fair trial. If one allows for indefinite imprisonment – with no right to a fair trial – doesn’t this negate our entire legal system?

“Okay sure,” you say, “but the detainees in Guantanamo are foreigners and terrorists to boot.” The president is well within his rights to classify terrorists differently than ordinary citizens.” The problem with this stance is that our legal system is based upon the notion that anyone accused of a crime is innocent until proven guilty. The moment you throw this away, the moment you make a differentiation between American citizen’s legal rights and the rights of those suspected of terrorism you are creating two separate sets of laws.

The way I see it, in order to have a fair and just system of laws you can’t have one set of rules that apply to one group of people and another set that applies to another. To do so would be to declare a kind of legal apartheid. For example, are the “detainees” in Guantanamo any less deserving of legal respect and rights because George W. Bush or Barrack Obama decide that they are “terrorists” or “unlawful combatants?”

I don’t consider president Obama’s actions as a slippery slope. I see them as a double standard. I see them as blatant hypocrisy; a fundamental re-writing of hundreds of years of established legal precedent. As he has studied constitutional law, Obama has to recognize the dangers of the precedents he is setting. He may feel capable of applying an expanded presidential power over imprisonment. But what of the next president? Or the president after that? Once you open the door to allowing presidents the authority to decide who is to be locked up without trial you close the door on equality and justice.

Personally I don’t see indefinite detention as morally, ethically, or legally right, regardless of how and why it is being used. If I am thrown in jail indefinitely, solely on the say-so of a president, premier, dictator or any other autocrat, without right to a fair trial, to face my accusers or even know what it is that I am accused of, I fail to see how that decision making process can in any way be considered fair and impartial.

If you were thrown in jail in this manner would you think you had received a fair shake?

I doubt it.

As a final footnote the Wikipedia article contains this interesting tidbit:

The writ of habeas corpus is one of what are called the “extraordinary”, “common law”, or “prerogative writs”, which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom.

The irony of a writ originally issued in the name of a ruler to protect his subjects from the excesses of the courts now applied to protect the subjects from the excesses of the ruler himself seems somewhat poignant.

Enough blather,

All the best for the New Year.

Tags: detainees, detention, government, indefinite, law, legal, Obama, prison, suspect, Terrorism, Thomas Vincent, unconstitutional, unfair, Vincent, war
Posted in Daily Doubt, Daily Rant, Ethics, Politics, government, law, warfare | No Comments »

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