Category Archives: War Commentary

Making History

I’m not a big fan of Lindsey Graham, but once in a while he’s not a total waste of oxygen:

One would have thought that Holder would have been prepared for this obvious question. That he wasn’t just shows what an incompetent, political hack he really is.

[Update a few minutes later]

Andy McCarthy, the anti-Holder, expands on the subject:

The lawyer’s stock in trade is precedent. Whether you’re a prosecutor or any other lawyer faced with a policy question, the first thing you want to know is what the law says on the subject: Has this come up before? Are there prior cases on point? What have the courts had to say? Those are the first-order questions — always.

…How could Holder possibly not know the answer to this fundamental question — how could he, in fact, be stumped by it. If he studied and agonized over this decision as he says he did, this would have been the first issue he’d have considered: the fact that there was no legal precedent for what he wanted to do. Or, put another way, if there was a single case that supported Holder’s decision, it would have been the only case we’d have been hearing about — from DOJ, the academy, and the media — for the last ten months.

Hack. The country’s in the very best of hands.

[Update a few minutes later]

The insanity grows. Senator Leahy says it’s OK, we don’t need to interrogate bin Laden.

Bringing Martial Law To America

That will be the result of this insane decision to try KSM in New York:

For over two hundred years we were careful to keep a firewall between civil and martial law. We did so because civil and martial law are polar opposites. Civil law is focused on protecting the rights of the accused against the overwhelming power of the state. When there is doubt, the accused walks free. Martial law is focused on imposing a minimal order on bloody chaos. It was focused on allowing the military to complete its mission and win wars. When there is doubt, the accused is presumed guilty.

Now, Obama wants to bring martial law into a civil court room in Manhattan. In order to let a civil conviction of KSM stand, the higher courts will have to overturn almost all the current constitutional protections of the accused.

They will have to overturn the requirement for Miranda warnings. They will have to overturn the Fifth Amendment protection against self incrimination. They will have to overturn the right to face one’s accusers and to examine all evidence and evidence gathering methods.

Even if the courts throw out his conviction, the government will never allow him to go free, so we will toss out protection against double jeopardy if they try to convict with a military tribunal, and toss out the right of no imprisonment without trial if they don’t.

Our system of justice relies on precedent and equality of procedure. The same rules apply to every civil trail. We can’t say that it’s okay to deny the right against self-incrimination in one person’s trial while saying it’s okay in another. If the courts overturn the rights of one individual accused, it must overturn the rights of all of them.

Nothing good will come of this trial.

Of course it will. It will show how evil the BusHitler was.

[Afternoon update]

Memo to Obama: these detainees are not soldiers in this war, they are the weapons.

[Update mid afternoon]

How hard will it be to convict KSM?

[Update late afternoon]

Here’s a hall of shame: the list of Senate Republicans who supported Eric Holder for Attorney General.

[Update a few minutes later]

A history lesson:

Remember what KSM said after his capture: He would tell us everything when he got to New York for his trial. We told him: You’re not going to New York. First, you’re going to spend a little time talking to the CIA. And under CIA questioning, KSM — together with other CIA detainees — gave us vital intelligence that helped stop a number of attacks, including a plot to fly an airplane into the Library Tower in Los Angeles; a plot to fly airplanes in the Heathrow Airport and buildings in downtown London; a plot to blow up our consulate in Karachi; a plot to blow up our Marine camp in Djibouti; and many others. His interrogation produced thousands of intelligence reports, and helped us wrap up the two main terrorist networks still at large at the time of his capture: the remaining members of the KSM network that had planned the 9/11 attacks, and the key members of the Hambali network that was working with al-Qaeda on follow-on attacks.

Once we had exhausted KSM as an intelligence source, President Bush transferred him and 13 other detainees from CIA custody to Guantanamo Bay so that they could face justice. If it had not been for the legal obstacles Andy cites, their trials would have begun soon thereafter.

And had it not been for the Obama administration, KSM and his partners would now be sitting on death row. KSM and his co-conspirators offered to plead guilty once their military commissions got underway and proceed straight to execution — until the Obama administration suspended the proceedings. This means that, with his decision to give KSM a civilian trial, Eric Holder effectively rejected KSM’s guilty plea, and told him, “No, Mr. Mohammed, first let us give you that stage you wanted in New York to rally jihadists to kill Americans and incite new attacks.”

Thanks, Eric.

[Evening update]

The worse the terrorist, the more rights he gets. Great incentives, guys.

Strength

…through dithering:

OK, I get that the political piece is vitally important, and for Eikenberry, up to his armpits in scheming warlords and bureaucrats in Kabul with his frontline diplomats daily engaged in pitched and desperate note-passing against an entrenched corruptancy, the light at the top of his own well probably is awfully dim and far away. This is a highly complex situation. Thinking outside the box, maybe it does make sense to put the cart ahead of the horse. It is intriguing, though, that in the middle of a hot war in which a determined, murderous enemy is making gains, there are ”options beyond military planning” that are so pressing that they actually trump military planning. Sounds like the president, in a show of resolve, wants to signal more firmly to Karzai and the scheming warlords that the United States is prepared to hold its breath until the Afghan people turn blue, or that the United States might even take its bat and ball and go home. Also, to signal to the United States military that he won’t be pushed around if it kills them.

One bright spot, in the Vietnam avoidance agenda. Remember how they accused LBJ of picking targets from the Oval Office? Can’t accuse Obama of that. He’s actively not picking targets from the Oval Office.

Amazing.

What Happened To The Cold War?

Younger people can be easily forgiven for not understanding the significance of what happened in Berlin two decades ago, both because they have little personal memory of what it was like to live under the nuclear threat, and because the teaching of history in public schools is so appalling. But Walter Shapiro remembers. It’s well worth reading for those who don’t realize how close we came to Armageddon on multiple occasions through those decades.

The president, of course, has no such excuse. He was born at the height of the war. Unfortunately, he was raised by people on the other side.

Military Base Shootings

Why there will be more. If we couldn’t fix all of this suicidal multi-culturalism and political correctness in the military during the Bush administration, it’s hard to be very optimistic about doing it now. There was reportedly an interview by a CNN reporter who asked a military wife how she felt about her husband being deployed to Afghanistan. “At least he’ll be safe there, and able to shoot back,” she said.

[Update a couple minutes later]

Whatever happened to “connecting the dots“? If this is the best we’re willing to do, prepare for another 911.

[Update early afternoon]

I don’t often agree with David Brooks, but he has this spot on — The National Rush To Therapy:

There was a national rush to therapy. Hasan was a loner who had trouble finding a wife and socializing with his neighbors.

This response was understandable. It’s important to tamp down vengeful hatreds in moments of passion. But it was also patronizing. Public commentators assumed the air of kindergarten teachers who had to protect their children from thinking certain impermissible and intolerant thoughts. If public commentary wasn’t carefully policed, the assumption seemed to be, then the great mass of unwashed yahoos in Middle America would go off on a racist rampage.

Worse, it absolved Hasan — before the real evidence was in — of his responsibility. He didn’t have the choice to be lonely or unhappy. But he did have a choice over what story to build out of those circumstances. And evidence is now mounting to suggest he chose the extremist War on Islam narrative that so often leads to murderous results.

The conversation in the first few days after the massacre was well intentioned, but it suggested a willful flight from reality. It ignored the fact that the war narrative of the struggle against Islam is the central feature of American foreign policy. It ignored the fact that this narrative can be embraced by a self-radicalizing individual in the U.S. as much as by groups in Tehran, Gaza or Kandahar.

It denied, before the evidence was in, the possibility of evil. It sought to reduce a heinous act to social maladjustment. It wasn’t the reaction of a morally or politically serious nation.

It’s sadly ironic and amusing, as always, that such sentiments come from people who delude themselves that they’re part of the “reality-based community.” A culture that won’t defend its values or itself is doomed to lose to one that will.