Tag: guantanamo detainees

Peace? The Promise of Peace? Eh, Close Enough

Worse choices have been made than Barack Obama for the Nobel Peace Prize.

There was Woodrow Wilson in 1919, an award that rates as one of history’s more grotesque international jokes. Wilson promised to keep us out of war and promptly got us into it, meanwhile laying the ideological and geopolitical foundations for 90 years of war-nationalism, war-liberalism, and war-socialism. To say nothing of saddling us with the terrible idea of world government. Among those who weren’t Nazis or communists, Wilson may have done more than any other individual to promote human suffering in the last hundred years.

So yes, there have been worse choices. (Next to Wilson, I’d have to give Al Gore and Yasser Arafat both honorable mentions. We could go on, of course.) But still, Barack Obama? Seriously? I doubt the committee has any idea how badly their choice will be mocked in the United States.

Over here, the prize will be a disappointment to the anti-war left, the anti-war right, and, of course, the pro-war right. The only contingent I can see taking pride in it over here is the establishment left, which hasn’t had much time lately for substantive work on peace, but which is always happy to make speeches and receive awards. Sometimes, the American image abroad is just that important.

Rather than piling on in what is sure to be a bipartisan laugh-fest, let’s think about what Barack Obama actually could have done for world peace. And weep.

Like Wilson, Obama ran a campaign promising peace and the international rule of law. Politically, peace is a winning message, and the advocates of peace would do well to remember this. Decade after decade, American voters are willing to give peace a chance.

Obama promised to withdraw from Iraq and to close the illegal Guantanamo Bay prison camp. He promised to end the Bush-era detention and rendition policies that have tarnished America’s reputation abroad and weakened trust among nations.

Americans embraced those promises, which are fully consistent with the ideals of the Nobel Peace Prize. The prize, recall, is awarded “to the person who shall have done the most or the best work for fraternity between nations, for the abolition or reduction of standing armies and for the holding and promotion of peace congresses.” Ending wars, treating prisoners of war humanely, and ensuring international criminal suspects’ due process of law are exactly the sorts of things that the peace prize was designed for. They’re just what you’d expect a laureate to do.

But once in office, Obama didn’t deliver. The promises disappeared, replaced by vigorous defenses of virtually every presidential power that the Bush administration invented for itself, including not only those that subvert domestic civil liberties, but also those that threaten the international rule of law.

And the withdrawal from Iraq? Delayed and partial. The latest word — received just as the peace prize was announced — is that it’s “complicated.” Sort of like a bad Facebook relationship.

Our other war, in Afghanistan, continues to escalate, even as its strategic goals seem further and further removed. As Cato author Glenn Greenwald notes, U.S. airstrikes in Afghanistan continue to kill and maim the innocent, with very little to show in the way of stabilizing the country or defeating international terrorism. Withdrawal from Afghanistan is both possible and desirable, as my colleagues Malou Innocent and Ted Galen Carpenter argue. Yet our latest Nobel laureate doesn’t see peace as an option here either.

How sad. Not to sound bitter or anything, but when does the Cato Institute get a peace prize?

Preventive Detention: What Would Thomas Jefferson Do?

Glenn Greenwald writes,

By all accounts, the White House is going to unveil its proposal for indefinite detention within the next four to eight weeks, and it has begun dispatching proponents of that scheme to lay the rhetorical groundwork. In The Washington Post today, one of the proposal’s architects – Law Professor Robert Chesney, a member of Obama’s Detention Policy Task Force – showcased the trite and manipulative tactics that will be used by advocates of indefinite detention to win support for their radical program [anyone doubting that detention without trials is radical should recall that Obama’s own White House counsel Greg Craig told Jane Mayer back in February that it’s “hard to imagine Barack Obama as the first President of the United States to introduce a preventive-detention law”; New York Times reporter William Glaberson wrote that “Obama’s detention policy “would be a departure from the way this country sees itself”; Sen. Russ Feingold warned that it “violates basic American values,” “is likely unconstitutional,” and “is a hallmark of abusive systems that we have historically criticized around the world”; The New York TimesBob Herbert said that “Americans should recoil as one against the idea of preventive detention”; and the Obama policy’s most vigorous Congressional proponents are Tom Coburn and Lindsey Graham].

According to Chesney, though, the real extremists are those “on the left” who oppose preventive detention; those who believe that radical liberties such as criminal charges, trials and due process are necessary before the state can put someone in a cage for life; those who agree with Thomas Jefferson that trial by jury is “the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” Chesney insists that such people (these “leftists”) are (as always) the mirror images of the extremists on the Right, who “carelessly depict civil-liberties advocates as weak-kneed fools who are putting American lives at risk.” These two equally partisan, radical, extremist sides (i.e., those who believe in due process and trials and those who oppose them) are – sadly – “shrink[ing] the political space within which reasonable, sustainable policies [i.e., Chesney’s preventive detention scheme] might be crafted with bipartisan support.”

…This is how political debates are typically carried out in Washington by the Serious Centrists and Responsible Adults. Chesney writes an entire Op-Ed defending the soon-to-be-unveiled preventive detention policy without describing a single aspect of it. To Serious people, the substance of the policy is irrelevant. What matters is that anyone who opposes it is a radical, partisan, shrill extremist. Conversely, as long as the Obama administration stays somewhere in the middle of the two sides – between Tom Coburn and Russ Feingold – then it proves they are being sensible, moderate and responsible, regardless of how extreme and dangerous their proposal actually is, and regardless of how close to Coburn and as far from Feingold as they end up.

No system of justice is perfect. But it’s no improvement to decide that in certain cases we can just do better without one.

All that such a policy does is to move the act of judging back one level – and to locate it at the point where someone, somewhere decides that this particular case doesn’t get judged in the usual way. And so the accused gets “detention” rather than “trial, followed possibly by prison.” But we are still putting a person, and perhaps a dangerous person, in a cage, are we not? The acts of judging and of punishing are still there, and we have hidden them only from ourselves.

It is no improvement to shift the fundamental problem of justice to a different location – out of open courtrooms, out of review, out of established legal tradition – and into a shadowy realm where potentially anything goes. We’re deluding ourselves if we think that it is a step forward or a refinement in the criminal law to have its work done somewhere else, by someone else. The work goes on, and with it all of the associated dangers. Western legal philosophy has spent centuries forcing these dangers out into the open, so that we may confront them directly.

But oddly, Professor Chesney is actually right in one respect:

The problem is twofold. First, the national dialogue has been dominated by a pair of dueling narratives that together reduce the space available for nuanced, practical solutions that may require compromise from both camps. On the one hand, critics of the government’s policies promiscuously invoke the post-Sept. 11 version of the Imperial Presidency narrative, reflexively depicting security-oriented policies in terms of executive branch power aggrandizement (with de rigueur references to former vice president Dick Cheney; his chief of staff, David Addington; or Justice Department attorney John Yoo, if not all three). On the other hand, supporters of the government’s policies just as carelessly depict civil-liberties advocates as weak-kneed fools who are putting American lives at risk.

Second, individual issues in the debate over detention policy are often framed in stark and incompatible terms. Take, for example, the Guantanamo detainees, who are portrayed in some quarters as innocent bystanders to the last man and in other quarters as the “worst of the worst.” While both extremes are misleading, their influence is pervasive.

True enough. A reasonable middle position? Give the detainees trials in which they can individually prove their guilt or innocence. Surely they aren’t all guilty, and I don’t believe I’ve ever seen anyone claim that they are all innocent, either. The truth really is somewhere in between, and it just so happens that we already have a mechanism for sorting out muddled cases like these.

Week in Review: Sotomayor, North Korean Nukes and The Fairness Doctrine

Obama Picks Sotomayor for Supreme Court

sotomayorPresident Obama chose federal Judge Sonia Sotomayor on Tuesday as his nominee for the U.S. Supreme Court, the first Hispanic Latina to serve on the bench.

On Cato’s blog, constitutional law scholar Roger Pilon wrote, “President Obama chose the most radical of all the frequently mentioned candidates before him.”

Cato Supreme Court Review editor and senior fellow Ilya Shapiro weighed in, saying, “In picking Sonia Sotomayor, President Obama has confirmed that identity politics matter to him more than merit. While Judge Sotomayor exemplifies the American Dream, she would not have even been on the short list if she were not Hispanic.”

Shapiro expands his claim that Sotomayor was not chosen based on merit at CNN.com:

In over 10 years on the Second Circuit, she has not issued any important decisions or made a name for herself as a legal scholar or particularly respected jurist. In picking a case to highlight during his introduction of the nominee, President Obama had to go back to her days as a trial judge and a technical ruling that ended the 1994-95 baseball strike.

Pilon led a live-chat on The Politico’s Web site, answering questions from readers about Sotomayor’s record and history.

And at The Wall Street Journal, Cato senior fellow John Hasnas asks whether “compassion and empathy” are really characteristics we want in a judge:

Paraphrasing Bastiat, if the difference between the bad judge and the good judge is that the bad judge focuses on the visible effects of his or her decisions while the good judge takes into account both the effects that can be seen and those that are unseen, then the compassionate, empathetic judge is very likely to be a bad judge. For this reason, let us hope that Judge Sotomayor proves to be a disappointment to her sponsor.

North Korea Tests Nukes

The Washington Post reports, “North Korea reportedly fired two more short-range missiles into waters off its east coast Tuesday, undeterred by the strong international condemnation that followed its detonation of a nuclear device and test-firing of three missiles a day earlier.”

Writing in the National Interest online, Cato scholar Doug Bandow discusses how the United States should react:

Washington has few options. The U.S. military could flatten every building in the Democratic People’s Republic of Korea (DPRK), but even a short war would be a humanitarian catastrophe and likely would wreck Seoul, South Korea’s industrial and political heart. America’s top objective should be to avoid, not trigger, a conflict. Today’s North Korean regime seems bound to disappear eventually. Better to wait it out, if possible.

On Cato’s blog, Bandow expands on his analysis on the best way to handle North Korea:

The U.S. should not reward “Dear Leader” Kim Jong-Il with a plethora of statements beseeching the regime to cooperate and threatening dire consequences for its bad behavior. Rather, the Obama administration should explain, perhaps through China, that the U.S. is interested in forging a more positive relationship with [the] North, but that no improvement will be possible so long as North Korea acts provocatively. Washington should encourage South Korea and Japan to take a similar stance.

Moreover, the U.S. should step back and suggest that China, Seoul, and Tokyo take the lead in dealing with Pyongyang. North Korea’s activities more threaten its neighbors than America. Even Beijing, the North’s long-time ally, long ago lost patience with Kim’s belligerent behavior and might be willing to support tougher sanctions.

Cato Media Quick Hits

Here are a few highlights of Cato media appearances now up on Cato’s YouTube channel:

Politicians in Thrall to Terrorism

Doug Bandow aptly finds the debate about Guantanamo detainees surreal. For my part, I see it as an exhibition of politicians put “on tilt” – and unwittingly executing the terrorism strategy.

The leadership of both parties appears not to understand that terrorism is designed to elicit self-injurious overreaction. Fear-mongering is a cog in the overreaction machine.

If they did understand this, they would see it as both a civic duty and politically rewarding leadership to exhibit bravery. Messages of indomitability and calm are the appropriate strategic response to terrorism.

Instead, what we have is a bidding war about who can be the most fearful of Guantanamo detainees – a group that is well under control itself and whose transportation and housing in U.S. prisons is entirely manageable.

Both parties are playing to a “base” of caterwauling Islamophobes while the bulk of the American public looks on bewildered and disappointed. Meanwhile, people around the world see that terrorism is a great way to express opposition to U.S. power and U.S. policies. Oops.