Cheney vs. Obama: Tale of the Tape
In case you missed it, President Obama and former Vice President Dick Cheney spoke separately today on terrorism and national security. Like two boxers at a pre-fight press conference, they each touted their strength over their opponent. They espoused deep differences in their views on national counterterrorism strategy.
The Thrilla in Manilla it ain’t. As Gene Healy has pointed out, they agree on a lot more than they admit to. Harvard Law professor and former Bush Office of Legal Counsel head Jack Goldsmith makes the same point at the New Republic. Glenn Greenwald made a similar observation.
However, the areas where they differ are important: torture, closing Guantanamo, criminal prosecution, and messaging. In these key areas, Obama edges out Cheney.
Filed under: Foreign Policy and National Security; Law and Civil Liberties
Who’s Scared of the Guantanamo Inmates?
Many debates in Washington seem surreal. One often wonders why anyone considers the issue even to be a matter of controversy.
So it is with the question of closing the prison in Guantanamo Bay. Whatever one thinks about the facility, why are panicked politicians screaming “not in my state/district!”? After all, the president didn’t suggest randomly releasing al-Qaeda operatives in towns across America. He wants to put Guantanamo’s inmates into American prisons.
Notes an incredulous Glenn Greenwald:
we never tire of the specter of the Big, Bad, Villainous, Omnipotent Muslim Terrorist. They’re back, and now they’re going to wreak havoc on the Homeland — devastate our communities — even as they’re imprisoned in super-max prison facilities. How utterly irrational is that fear? For one thing, it’s empirically disproven. Anyone with the most minimal amount of rationality would look at the fact that we have already convicted numerous alleged high-level Al Qaeda Terrorists in our civilian court system (something we’re now being told can’t be done) – including the cast of villains known as the Blind Shiekh a.k.a. Mastermind of the First World Trade Center Attack, the Shoe Bomber, the Dirty Bomber, the American Taliban, the 20th Hijacker, and many more — and are imprisoning them right now in American prisons located in various communities.
Guantanamo may be a handy dumping ground for detainees, but it has become a symbol of everything wrong with U.S. anti-terrorism policy. Closing the facility would help the administration start afresh in dealing with suspected terrorists.
The fact that Republicans are using the issue to win partisan points is to be expected. But the instant, unconditional Democratic surrender surprises even a confirmed cynic like me.
Filed under: Foreign Policy and National Security; Law and Civil Liberties
The Jurisprudence of Detention: Definitions and Cases
Almost a year has passed since the Supreme Court’s decision to extend habeas rights to Guantanamo in Boumediene. Detention policy is currently under review by interagency task forces; it is worth looking at what the developing body of detention rulings say about the future of detention.
Taking prisoners is an unavoidable part of military action. Telling our troops that they can engage identified enemies with lethal force but cannot detain them puts them in an impossible position.
But who can we hold? The Taliban foot soldier is an easy case, but as we move away from the battlefield things get a little fuzzy. A chronological review of the decisions regarding detainee status gives some insight.
Filed under: Foreign Policy and National Security; Law and Civil Liberties
Torture? No.
Charles Krauthammer’s recent column tells us that the wisdom of torture is undeniable. According to Krauthammer, there are two situations where torture is justified: the ticking time bomb scenario and when we capture high-ranking terrorists and conclude that giving them the third degree may save lives. Furthermore, it would be “imprudent” for anyone who would not use torture to be named the commander of Central Command (CENTCOM), the military organization in charge of American forces in the Middle East.
The generals who have been in charge of CENTCOM and other national security officials disagree.
Here is a video of General Petraeus, current commander of Central Command, saying that American forces cannot resort to torturing prisoners:
The open letter Petraeus mentions in the video is available here. He admonishes our troops to treat prisoners humanely. “Adherence to our values distinguishes us from our enemies.”
Former CENTCOM commanders Anthony Zinni and Joseph Hoar don’t endorse torture either, evidenced by their open letter (along with dozens of other former general officers) to Congress asking that the CIA abide by the Army interrogation manual.
Hoar and former Commandant of the Marine Corps Charles Krulak wrote separately to denounce torture:
As has happened with every other nation that has tried to engage in a little bit of torture — only for the toughest cases, only when nothing else works — the abuse spread like wildfire, and every captured prisoner became the key to defusing a potential ticking time bomb.
So, once we sign off on the ticking time bomb scenario, the rationalization spreads to whenever we think it may save lives. Sound familiar?
These former commanders are not alone. Colonel Morris Davis, former chief prosecutor at Guantanamo Bay, also had some words on the subject. “We can never retake the moral high ground when we claim the right to do unto others that which we would vehemently condemn if done to us.”
Malcolm Nance, former head of the Navy’s Survival, Evasion, Resistance, and Escape course (where sailors are trained in resisting interrogation techniques, including waterboarding), seems to know a thing or two about the topic. “I have personally led, witnessed and supervised waterboarding of hundreds of people.” He roundly denounces the use of waterboarding as wrong, ineffective, and counterproductive. Just for the record, water actually enters the lungs of a waterboarding victim. This is not simulated drowning, but controlled drowning. Read the whole thing.
Krauthammer’s column gives the impression that all national security experts support making torture our national policy. Wrong.
Filed under: Foreign Policy and National Security; Law and Civil Liberties
Obama’s First 100 Days: Mixed Record on Foreign Policy
Cato foreign policy experts weigh in on President Obama’s record in his first 100 days:
Christopher Preble, Director Foreign Policy Studies:
President Obama deserves credit for making a few modest changes in U.S. foreign and defense policy, and he has signaled a desire to make more fundamental shifts in the future. Some of these may prove helpful, while others are likely to encounter problems. In the end, however, so long as the president is unwilling to revisit some of the core assumptions that have guided U.S grand strategy for nearly two decades — chief among these the conceit that the United States is the world’s indispensable nation, and that we must take the lead in resolving all the world’s problems — then he will be unable to effect the broad changes that are truly needed.
Ted Galen Carpenter, Vice President Defense & Foreign Policy Studies; Christopher Preble:
On the plus side, Obama moved quickly to fulfill his most important foreign policy promise: ending the war in Iraq. That said, the policy that his administration will implement is consistent with the agreement that the outgoing Bush administration negotiated with the Iraqis. Given that the war has undermined U.S. security interests, and our continuing presence there is costly and counterproductive, Obama should have proposed to remove U.S. troops on a faster timetable.
Malou Innocent, Foreign Policy Analyst:
The jury is still out on the other major, ongoing military operation, the war in Afghanistan. That mission is directly related to events in neighboring Pakistan, which is serving — and has served — as a safe haven for Taliban supporters for years. President Obama deserves credit for approaching the problem with both countries together, and also in a regional context, which includes Iran, as well as India. Still unknown is the scope and scale of the U.S. commitment. President Obama has approved a nearly 50 percent increase in the number of U.S. military personnel in Afghanistan. Some have suggested that still more troops are needed, and that these additional troop numbers might prevail for 10-15 years. That would be a mistake. The United States should be looking for ways to increase the capacity of both Afghanistan and Pakistan to confront the extremism in their countries, and should not allow either to grow dependent upon U.S. military and financial support.
Christopher Preble and Ted Galen Carpenter:
On Iran, President Obama made the right decision by agreeing to join the P5 + 1 negotiations, but that is only a first step. The two sides are far apart and President Obama has not signaled his intentions if negotiations fail to produce a definitive breakthrough. Sanctions have had a very uneven track record, and are unlikely to succeed in convincing the Iranians to permanently forego uranium enrichment. If the Iranians are intent upon acquiring nuclear weapons, military action would merely delay Iran ’s program, and would serve in the meantime to rally support for an otherwise unpopular clerical regime, and a manifestly incompetent president.
Doug Bandow, Senior Fellow; Christopher Preble:
A related problem is North Korea’s ongoing nuclear program, an area where the president and his team seem to be grasping for answers. President Obama was mistaken if he believed that that the UN Security Council would render a meaningful response to Pyongyang’s provocative missile launch. It was naive, at best, for him to believe that even a strong rebuke from the UNSC would have altered Kim Jong Il’s behavior. The president must directly engage China, the only country with any significant influence over Kim. The North’s reckless and unpredictable behavior does not serve Beijing’s interests.
Benjamin Friedman, Research Fellow; Christopher Preble:
Obama and Defense Secretary Robert Gates are correct to apply greater scrutiny to bloated Pentagon spending, and to terminating unnecessary weapon systems, but the budget will actually grow slightly, at a time when we should be looking for ways to trim spending. If President Obama decided to avoid Iraq-style occupations, we could cut our ground forces in half. If we stopped planning for near-term war with China or Russia, the Air Force and Navy could be much smaller. Unless we commit to a grand strategy of restraint, and encourage other countries to provide for their own defense, it will be impossible to make the large-scale cuts in military spending that are needed.
Jim Harper, Director of Information Policy Studies; Benjamin Friedman; Christopher Preble:
Two other quick points. President Obama has moved away from some of the overheated rhetoric surrounding counterterrorism and homeland security, including dropping the phrase ‘War on Terror”. This was the right approach. The language surrounding the fight against terrorism is as important — if not more important — than the actual fight itself. Equally useful is his pledge to close the detention facility at Guantanamo Bay and his renunciation of the use of torture and other illegal means in the first against al Qaeda. These steps send an important message to audiences outside of the United States who cooperation is essential.
Ian Vasquez, Director, Center for Global Liberty & Prosperity; Juan Carlos Hidalgo, Project Coordinator for Latin America.
President Obama has signaled a slight change on US-Cuba policy by softening some travel and financial restrictions. It is not as far as we would have liked, but it is a step in the right direction — toward greater engagement, as opposed to more isolation, which was the approach adopted by the Bush administration.
For more research, check out Cato’s foreign policy and national security page.
Bob McDonnell Wants to Scare You and Take Your Money
Though I’m not a Virginia resident or voter, nor a donor to politicians, Virginia gubernatorial candidate Bob McDonnell (whose party affiliation I’m not aware of) has added me to his email list. His name is similar to a past roommate, and that affinity has caused me to open more of his emails than I ordinarily would.
Today’s is worth writing about: It’s a political candidate transparently trying to scare voters and use their fear for fundraising.
Dear Jim,
Terror suspects could be headed to Virginia…
With the closing of the detention center at Guantanamo Bay the federal government must find new locations in which to house and try the roughly 240 terrorist suspects currently held 90 miles from our shores. Recent news reports indicate that the Department of Justice is considering transferring a number of the detainees to the Commonwealth of Virginia. One specific location: Alexandria. And other Virginia locations could be possibilities as well.
There are security details to be worked out when prisoners are transferred out of Guantanamo Bay, but the prisoners themselves are not dangerous as such. They’re prisoners, and they will always be under heavy guard. Terrorists are not radioactive, and they do not have lasers built into their eyes.
The problems with housing prisoners in the past have been over-the-top security precautions that make a great show but don’t necessarily meet actual security problems associated with housing terror suspects.
Bills have been introduced to bar detainees from being transferred to various states.
A precious few Americans have exhibited cool in this fear-of-detainees brouhaha. Alexandria Sheriff Dana A. Lawhorne is quoted in this Washington Post article, at least saying “he would do what he can: ‘You can’t run the other way when your country calls.’”
But McDonnell, the politician seeking a prominent leadership position in the state, would “lead” by pretending that captured terrorists are too big a security risk for Virginia. It’s shameful fear-mongering meant to capitalize on the ignorance and weakness of Virginians who don’t understand terrorism. The only links in the text of the email are to the fundraising page on McDonnell’s Web site.
McDonnell exhibits leadership malpractice with this kind of campaigning.
Filed under: Foreign Policy and National Security; Government and Politics
The Problem of Guantanamo
The Constitution obviously does not leave Americans helpless in fighting against those who wish them ill. But it also sets standards of conduct that should not — indeed, cannot — be carelessly tossed aside.
The prison at Guantanamo Bay has become such an international symbol of the U.S. abandoning its principles because it reflects an anti-terrorism policy gone badly awry. First, the Bush administration was both callous and careless in imprisoning people, even paying unreliable tribal allies for captives. Second, the U.S. government created no effective and objective truth-determining process to assess guilt. Third, Washington employed torture, violating both domestic and international law.
No doubt dangerous terrorists have been incarcerated at Gitmo. But so too have many innocent people. Indeed, the claims of former State Department Chief of Staff Larry Wilkerson are particularly sobering:
Lawrence B. Wilkerson, the former chief of staff to Secretary of State Colin Powell, admitted today that of the approximately 800 detainees held at Guantanamo Bay since the controversial detention center opened, only “two dozen or so” were actually terrorists. Wilkerson told the Associated Press today that “there are still innocent people there,” and that “some have been there six or seven years.”
Wilkerson made other comments earlier in the week in an internet posting entitled “Some Truths About Guantanamo Bay.” In that posting he said that “several in the US leadership became aware of the lack of proper vetting very early on and thus, of the reality that many of the detainees were innocent of any substantial wrongdoing, had little intelligence value, and should be immediately released.”
Wilkerson also claimed that then-Secretary Powell and Richard Armitage were pressuring for the repatriation of as many detainees as possible, and that former Defense Secretary Donald Rumsfeld and Vice President Dick Cheney were unphased by the fact that “among the detainees was a 13 year old boy and a man over 90,” standing in opposition to returning detainees.
Even if Wilkerson exaggerates–and he has been a credible witness so far–he points to the price America has paid for failing to live up to its principles. The U.S. has locked up many who were neither terrorists nor otherwise dangerous. Doing so undoubtedly has helped turn some people in and out of Gitmo towards violence against America. And mistreating the innocent has badly sullied America’s reputation as a shining city upon a hill.
Confronting terrorism will never be easy. But violating America’s principles is no way to defend the America in which we all claim to believe.
Filed under: Foreign Policy and National Security; Law and Civil Liberties
Week in Review
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Cato Leads Opposition to Fiscal Stimulus
In reaction to statements from Obama administration officials who say “all economists agree” that the only way to fight the economic recession is to go on a massive government spending spree, the Cato Institute took out a full page ad in the nation’s largest newspapers that showed that those words were not true. Signed by more than 200 economists, including Nobel laureates and other highly respected scholars, the statement was published this week in The New York Times, The Washington Post and many other publications.
On the day the ad ran in The New York Times, Cato executive vice president David Boaz added more names to the list of economists who are skeptical of the spending bill.
Commenting on the principles behind the stimulus, Cato adjunct scholar Lawrence H. White and fellow economist David C. Rose discuss why we can’t spend our way out of this mess:
You can’t solve an excessive spending problem by spending more. We are making the crisis worse.
In The Wall Street Journal, Cato senior fellow Alan Reynolds examines the numbers and discovers that each government job created will cost taxpayers a staggering $646,214 per hire.
Filed under: Cato Publications; Energy and Environment; Finance, Banking & Monetary Policy; Foreign Policy and National Security; Government and Politics; Law and Civil Liberties
Close Guantanamo Bay
In today’s Cato Daily Podcast, Legal Policy Analyst David H. Rittgers explains why President Obama’s order to close the Guantanamo Bay detention center will serve the fight against terrorism. Rittgers, who served three tours of service in Afghanistan as a special forces officer, says the move to close Gitmo couldn’t come at a better time.
In his own words:
Using closed courts to try suspected terrorists plays the propaganda game in exactly the way our enemies want, and cheapens American justice on the world stage. Terrorism and insurgency constitute violence with a message. To effectively counter terrorists, we must provide a message of our own that denies a propaganda victory to their cause. Meting sound and irreproachable justice is an important way to do that.
While serving as a Special Forces officer in Afghanistan, I took into account the Taliban’s propaganda purposes when planning operations. They didn’t need to kill us to win a small victory. They needed to shoot at us and run away to tell the tale, where fishing stories of exaggerated casualties could encourage ever larger groups of radicalized fighters to attack the Afghans and their American allies.
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