Tag: combatants

Fort Hood and Political Correctness

This morning, Politico Arena asks:

The Fort Hood tragedy: Why does it matter, or not, what we call it? Is it being politicized?

My response:

If we want to be technical, what we call the Fort Hood massacre matters, and James Taranto got it right in Monday’s Wall Street Journal:  It was not a terrorist attack, targeting noncombatants, but an act of guerrilla warfare, carried out by one of our own in apparent contact with the enemy, and hence an act of treason.

But the deeper and far larger problem is why the Army didn’t act sooner against this man and, even more, why it is, as Dorothy Rabinowitz put it in yesterday’s Journal, that “the tide of pronouncements and ruminations pointing to every cause for this event other than the one obvious to everyone in the rational world continues apace.”  After all, it is not as if “the Hasan problem,” richly detailed elsewhere, were unknown to the Army.  So why was nothing done?  We all know why.  It was stated simply in an NPR report yesterday:  “A key official on a [Walter Reed] review committee reportedly asked how it might look to terminate a key resident who happened to be a Muslim.”  If this isn’t ”political correctness,” nothing is.

And it goes beyond the naive analyses that say we can do nothing about these kinds of problems.  It infects our very culture, from the newsroom to the college campus and far beyond, crippling sound analysis and judgment.  We learn just this morning, for example, again in the Journal, that the FBI may not have briefed the Army, or done so sufficiently (it’s unclear), about Hasan’s intercepted emails with Anwar al-Awlaki, the radical Yemeni imam.  There may have been intelligence reasons for compartmenting that information.  But in other cases it is an obsession with privacy that cripples investigation, itself a species of political correctness.  Yet the conflicting “rights” at issue in risk contexts are never more than right claims until they’re delineated by statute or adjudication.  Too often, however, that obsession blinds us, including in our legislation and adjudication, to the rights on the other side.  After all, the 3,000 who died on 9/11 and the soldiers who died at Fort Hood had rights too.

The Fort Hood massacre cries out for further investigation.  But it must be clear-eyed and free from the prejudice that today is rightly called “political correctness.”

Fixing Detention

The Obama administration performed another Friday afternoon Guantanamo news dump last week, indicating that it will probably maintain administrative military detention of combatants under a forthcoming executive order.

This is unnecessary executive unilateralism. As Benjamin Wittes and Jack Goldsmith point out in today’s Washington Post, this is a debate that ought to be held in Congress.

This would not be a tough push for Obama. The Obama administration already amended its claim of authority in a filing with the District Court for the District of Columbia, the judicial body sorting through the detainees remaining at Gitmo. Convincing Congress to ratify this decision should not be hard; the differences between the Bush administration’s “enemy combatant” criteria and what the Obama administration defines as “substantially supporting” Al Qaeda and the Taliban are minute. As I wrote in a previous post on detention definitions and decisions, the actions proscribed under these two standards and the activities constituting the “direct participation in hostilities” standard used in the case of Salim Hamdan are nearly identical.

The only positive news about the pending announcement is that the creation of a national security court specializing in detention decisions is probably not in the cards. As I have said before, national security court proposals play the propaganda game the way terrorists want to and often revive the prospect of domestic preventive detention of terror suspects, to include American citizens who would otherwise be charged with a substantive crime for domestic acts. The Cato Institute filed an amicus brief opposing this practice in the Padilla case.