Tag: Islam

Every Time I Say “Terrorism,” the Patriot Act Gets More Awesome

Can I send Time magazine the bill for the new crack in my desk and the splinters in my forehead? Because their latest excretion on the case of Colleen “Jihad Jane” LaRose and its relation to Patriot Act surveillance powers is absolutely maddening:

The Justice Department won’t say whether provisions of the Patriot Act were used to investigate and charge Colleen LaRose. But the FBI and U.S. prosecutors who charged the 46-year-old woman from Pennsburg, Pa., on Tuesday with conspiring with terrorists and pledging to commit murder in the name of jihad could well have used the Patriot Act’s fast access to her cell-phone records, hotel bills and rental-car contracts as they tracked her movements and contacts last year. But even if the law’s provisions weren’t directly used against her, the arrest of the woman who allegedly used the moniker “Jihad Jane” is a boost for the Patriot Act, Administration officials and Capitol Hill Democrats say. That’s because revelations of her alleged plot may give credibility to calls for even greater investigative powers for the FBI and law enforcement, including Republican proposals to expand certain surveillance techniques that are currently limited to targeting foreigners.

Sadly, this is practically a genre resorted to by lazy writers whenever a domestic terror investigation is making headlines. It consists of indulging in a lot of fuzzy speculation about how the Patriot Act might have been crucial—for all we know!—to a successful  investigation, even when every shred of available public evidence suggests otherwise.  My favorite exemplar of this genre comes from a Fox News piece penned by journalist-impersonator Cristina Corbin after the capture of some Brooklyn bomb plotters last spring, with the bold headline: “Patriot Act Likely Helped Thwart NYC Terror Plot, Security Experts Say.” The actual article contains nothing to justify the headline: It quotes some lawyers saying vague positive things about the Patriot Act, then tries to explain how the law expanded surveillance powers, but mostly botches the basic facts.  From what we know thanks to the work of real reporters,  the initial tip and the key evidence in that case came from a human infiltrator who steered the plotters to locations that had been physically bugged, not new Patriot tools.

Of course, it may well be that National Security Letters or other Patriot powers were invoked at some point in this investigation—the question is whether there’s any good reason to suspect they made an important difference. And that seems highly dubious. LaRose’s indictment cites the content of private communications, which probably would have been obtained using a boring old probable cause warrant—and the standard for that is far higher than for a traditional pen/trap order, which would have enabled them to be getting much faster access to more comprehensive cell records. Maybe earlier on, then, when they were compiling the evidence for those tools?  But as several reports on the investigation have noted, “Jihad Jane” was being tracked online by a groups of anti-jihadi amateurs some three years ago. As a member of one group writes sarcastically on the site Jawa Report, the “super sekrit” surveillance tool they used to keep abreast of LaRose’s increasingly disturbing activities was… Google. I’m going to go out on a limb and say the FBI could’ve handled this one with pre-Patriot authority, and a fortiori with Patriot authority restrained by some common-sense civil liberties safeguards.

What’s a little more unusual is to see this segue into the kind of argument we usually see in the wake of an intelligence failure, where the case is then seen as self-evidently justifying still more intrusive surveillance powers, in this case the expansion of the “lone wolf” authority currently applicable only to foreigners, allowing extraordinarily broad and secretive FISA surveillance to be conducted against people with no actual ties to a terror group or other “foreign power.” Yet as Time itself notes:

In fact, Justice Department terrorism experts are privately unimpressed by LaRose. Hers was not a particularly threatening plot, they say, and she was not using any of the more challenging counter-surveillance measures that more experienced jihadis, let alone foreign intelligence agents, use.

Which, of course, is a big part of the reason we have a separate system for dealing with agents of foreign powers: They are typically trained in counterintelligence tradecraft with access to resources and networks far beyond those of ordinary nuts. What possible support can LaRose’s case provide for the proposition that these industrial-strength tools should now be turned on American citizens?  They caught her—and without much trouble, by the looks of it. Sure, this domestic nut may have invoked to Islamist ideology rather than the commands of Sam the Dog or anti-Semitic conspiracy theories… but so what? She’s still one more moderately dangerous unhinged American in a country that has its fair share, and has been dealing with them pretty well under the auspices of Title III for a good while now.

Executed for Sorcery? In 2009?

A court in Saudi Arabia has sentenced a Lebanese television host to death for the crime of “sorcery.” Apparently Ali Hussein Sibat was recognized by Saudi religious police as he made a pilgrimage to Mecca. On his show, he gave advice to callers and made predictions about their future. He could be executed any day now. In an article in the Daily Star of Lebanon, the leading English-language newspaper in the Middle East, Cato senior fellow Tom G. Palmer and University of Chicago dean Raja Kamal call on King Abdullah to face down the religious police and release Ali Hussein Sabat to Lebanon:

This case illustrates the tremendous power of the religious police in Saudi Arabia. King Abdullah faces an uphill battle in his struggle against extremists; not only the Al-Qaeda terrorists who kill innocent people, but the religious police and judiciary, who kill innocents as well….

The king and his supporters need to act decisively to eliminate the power of the extremists to carry out improper arrests, level false charges, coerce testimony, and conduct unjust trials, especially those culminating in murder. Sibat and others in his situation are being made into human sacrifices by the extremists in order to maintain their own power….

Lebanon also has a responsibility to speak up for and to protect its own citizens. The government of Prime Minister Saad Hariri has a special relationship with the ruling family of Saudi Arabia. That’s why the government needs to show that, as the representative of a democratic Arab country with a strong broadcasting industry, it will support freedom of expression – particularly that of Ali Hussein Sibat and others who broadcast from Lebanon.

Weekend Links

  • Health care insurance mandates: Why it is unconstitutional for the government to force you to purchase a product you don’t want to buy.
  • The end of globalization? Cato’s trade policy expert Daniel Griswold debates.
  • Doug Bandow on the minaret ban in Switzerland: “Swiss voters underestimated the impact on religious liberty when they voted to ban minaret construction. But Muslims whose nations persecute Christians, Jews, and other religious minorities have no standing to complain. The Islamic world needs to respect religious liberty at home before lecturing the West about intolerance, racism, hatred and Islamophobia.”

The New Threats to Free Speech

In a new Policy Analysis, Cato Research Fellow Jason Kuznicki examines the ongoing threats to free speech both at home and around the world, from hate-speech laws in the United Kingdom and Canada and university speech codes in the United States, to the Cairo Declaration on Human Rights in Islam:

The result is not more happiness, but a race to the bottom, in which aggrieved groups compete endlessly with one another for a slice of government power. Philosopher Robert Nozick once observed that utilitarianism is hard-pressed to banish what he termed utility monsters—that is, individuals who take inordinate satisfaction from acts that displease others. Arguing about who hurt whose feelings worse, and about who needs more soothing than whom, seems designed to discover—or create—utility monsters. We must not allow this to happen.

Instead, liberal governments have traditionally relied on a particular bargain, in which freedom of expression is maintained for all, and in which emotional satisfaction is a private pursuit, not a public guarantee. This bargain can extend equally to all people, and it forms the basis for an enduring and diverse society, one in which differences may be aired without fear of reprisal. Although world cultures increasingly mix with one another, and although our powers of expression are greater than ever before, these are not sound reasons to abandon the liberal bargain. Restrictions on free expression do not make societies happier or more tolerant, but instead make them more fractious and censorious.

Read the whole thing.

Obama, International Law, and Free Speech

Stuart Taylor has a very good article this week about the Obama administration, international law, and free speech.  This excerpt begins with a quote from Harold Koh, Obama’s top lawyer at the State Department:

“Our exceptional free-speech tradition can cause problems abroad, as, for example, may occur when hate speech is disseminated over the Internet.” The Supreme Court, suggested Koh – then a professor at Yale Law School – “can moderate these conflicts by applying more consistently the transnationalist approach to judicial interpretation” that he espouses.

Translation: Transnational law may sometimes trump the established interpretation of the First Amendment. This is the clear meaning of Koh’s writings, although he implied otherwise during his Senate confirmation hearing.

In my view, Obama should not take even a small step down the road toward bartering away our free-speech rights for the sake of international consensus. “Criticism of religion is the very measure of the guarantee of free speech,” as Jonathan Turley, a professor at George Washington University Law School, wrote in an October 19 USA Today op-ed.

Even European nations with much weaker free-speech traditions than ours were reportedly dismayed by the American cave-in to Islamic nations on “racial and religious stereotyping” and the rest.

Read the whole thing.

Cause for Alarm in Iraq, or Just a Ripple?

Najim Abed al-Jabouri, former mayor of Tal Afar, has a piece in the Times that seems like cause for alarm:

Both the military and the police remain heavily politicized. The police and border officials, for example, are largely answerable to the Interior Ministry, which has been seen (often correctly) as a pawn of Shiite political movements. Members of the security forces are often loyal not to the state but to the person or political party that gave them their jobs.

The same is true of many parts of the Iraqi Army. For example, the Fifth Iraqi Army Division, in Diyala Province northeast of Baghdad, has been under the sway of the Islamic Supreme Council of Iraq, the Shiite party that has the largest bloc in Parliament; the Eighth Division, in Diwaniya and Kut to the southeast of the capital, has answered largely to Dawa, the Shiite party of Prime Minister Nuri Kamal al-Maliki; the Fourth Division, in Salahuddin Province in northern Iraq, has been allied with one of the two major Kurdish parties, the Patriotic Union of Kurdistan.

More recently, the Iraqi Awakening Conference, a tribal-centric political party based in Anbar Province (where Sunni tribesmen, the so-called Sons of Iraq, turned against the insurgency during the surge) has gained influence over the Seventh Iraq Army Division, which was heavily involved in recruiting Sunnis to maintain security in 2006.

Hadi Mizban/Associated PressHadi Mizban/Associated Press

Now, via Spencer Ackerman, we find out that there may be support for al-Jabouri’s fear that “these political schisms are partly responsible for coordinated terrorist attacks like those on Sunday or the so-called Bloody Wednesday bombings of Aug. 19, which killed more than 100.”  61 Iraqi army and police officers were just arrested in connection with Sunday’s blasts, part of the effects of which you see over there on the side of the post.

Al-Jabouri writes ominously that

in a little more than two years, the United States drawdown of forces will be complete.  In that time, the Iraqi security forces can go further in the direction of ethno-sectarianism, or they can find a new nationalism.  True, the status quo offers a temporary balance of power between the incumbent parties, likely providing relative peace for the American exit. But deep down, ethno-sectarianism creates fault lines that terrorist groups and other states in the Mideast will exploit to keep Iraq weak and vulnerable. The better alternative is to reform and gain the confidence of Iraqis. The people will trust the security forces if they are seen as impartial on divisive political issues, loyal to the state rather than to parties, and if they embody the diversity and tolerance that we Iraqis have long claimed to be a defining characteristic.

President Bush was making a good point in 2005 when he said on al Arabiya that “the future of Iraq depends upon Iraqi nationalism and the Iraq character – the character of Iraq and Iraqi people emerging.” I think this overall point is right and fundamentally unanswered, at least according to al-Jabouri.  Barbara Walter, one of the leading academics studying civil wars, wrote in August that Iraq would likely melt down if U.S. troops left, worrying about what she called “the settlement dilemma”:

Combatants who end their civil war in a compromise settlement – such as the agreement to share power in Iraq – almost always return to war unless a third party is there to help them enforce the terms. That’s because agreements leave combatants, especially weaker combatants, vulnerable to exploitation once they disarm, demobilize and prepare for peace. In the absence of third-party enforcement, the weaker side is better off trying to fight for full control of the state now, rather than accepting an agreement that would leave it open to abuse in the future.

Finally, al-Jabouri’s “better alternative” seems to amount to praying for a miracle.  It’s not clear what can make Iraqis come to perceive sectarian security forces as “impartial on divisive political issues, loyal to the state rather than to parties,” and fundamentally national rather than sub-national.  (Perhaps I was suckered once again by Bill Kristol when he told me in January of this year that George W. Bush’s greatest achievement was “winning the war in Iraq.”)

Given the enduring sectarianism and the relative weakness of Iraqi nationalism al-Jabouri describes, it could be interesting or even scary to see what hatches out of the egg we’ve been perched atop for the last six and a half years.

Update: I neglected to include a link to Nir Rosen’s detailed Boston Review piece on the changing nature of inter- and intra-sectarian political allegiances in Iraq.  It’s definitely worth reading, for people interested in the issue.

Somalia, Redux: A More Hands-Off Approach

SomaliaThe two-decade-old conflict in Somalia has entered a new phase, which presents both a challenge and an opportunity for the United States. To best encourage peace in the devastated country, Washington needs a new strategy that takes into account hard-learned lessons from multiple failed U.S. interventions.

In a new study, author David Axe argues that Washington should err on the side of nonintervention, and recommends:

The Obama administration should work to build a regional framework for reconciliation, the rule of law, and economic development that acknowledges the unique risks of intervention in East Africa….Somalia’s best hope for peace is the moderate Islamic government that has emerged from the most recent rounds of fighting, despite early opposition from the United States and its allies. There are ways in which the United States could help Somalia escape its cycle of violence and peacefully encourage progress by working with this former enemy, but Washington should err on the side of nonintervention.

Read the whole thing.