Tag: violence

Hate Crimes Bill Becomes an Amendment

Unsure about prospects on passing the Local Law Enforcement Hate Crimes Prevention Act as a stand-alone bill, proponents intend to attach it as an amendment to the Department of Defense Authorization bill. As I have said previously, this bill is an affront to federalism and counterproductive hater-aid.

Federal Criminal Law Power Grab

This legislation awards grants to jurisdictions for the purpose of combating hate crimes. It also creates a substantive federal crime of violent acts motivated by the “actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person.”

This is a federalization of a huge number of intrastate crimes. It is hard to imagine a rape case where the sex of the victim is not an issue. The same goes for robbery - why grab a wallet from someone who can fight back on equal terms when you can pick a victim who is smaller and weaker than you are?

This would be different if this were a tweak to sentencing factors.

If this were a sentence enhancement on crimes motivated by racial animus - a practice sanctioned by the Supreme Court in Wisconsin v. Mitchell - then it would be less objectionable if there were independent federal jurisdiction.

Thing is, the federal government has already done this, with the exception of gender identity, with the Federal Sentencing Guidelines (scroll to page 334 at the link):

If the finder of fact at trial or, in the case of a plea of guilty or nolo contendere, the court at sentencing determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense of conviction because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person, increase by 3 levels.

The contrast between a sentence enhancement and a substantive crime gives us an honest assessment of what Congress is doing - federalizing intrastate acts of violence.

If Congress were to pass a law prohibiting the use of a firearm or any object that has passed in interstate commerce to commit a violent crime, it would clearly be an unconstitutional abuse of the Commerce Clause.

Minus the hate crime window dressing, that is exactly what this law purports to do.

What this really amounts to is a power grab - giving the federal government power to try or re-try violent crimes that are purely intrastate. Just as the Supreme Court invalidated the Gun Free School Zones Act in United States v. Lopez because it asserted a general federal police power, this law should be resisted as a wholesale usurpation of the states’ police powers.

The act also essentially overrules United States v. Morrison, where the Court overruled a federal civil remedy for intrastate gender-motivated violence. Forget a civil remedy; while we’re re-writing the constitution through the Commerce Clause let’s get a criminal penalty on the books.

Trials as Inquisitions

The hate crime bill will also turn trials into inquisitions. The focus of prosecution could be on whether you ever had a disagreement with someone of another “actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.” Worse yet, it can turn to whether you have any close friends in one of these categories, as demonstrated in the Ohio case State v. Wyant. The defendant denied that he was a racist, which led to the following exchange in cross-examination on the nature of the defendant’s relationship with his black neighbor:

Q. And you lived next door … for nine years and you don’t even know her first name?

A. No.

Q. Never had dinner with her?

A. No.

Q. Never gone out and had a beer with her?

A. No… .

Q. You don’t associate with her, do you?

A. I talk with her when I can, whenever I see her out.

Q. All these black people that you have described that are your friends, I want you to give me one person, just one who was really a good friend of yours.

David Neiwert says that this won’t happen because of a constitutional backstop in the legislation. Unfortunately, the House version of the bill explicitly endorses impeaching a defendant in exactly this manner:

In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.

Worse yet, the Senate version of the hate crime bill, the one which will likely become law after conference committee, does not contain this provision. Instead, it explicitly says:

Courts may consider relevant evidence of speech, beliefs, or expressive conduct to the extent that such evidence is offered to prove an element of a charged offense or is otherwise admissible under the Federal Rules of Evidence. Nothing in this Act is intended to affect the existing rules of evidence.

Anyone want to bet that an aggressive prosecutor could find that not having a close enough relationship with your neighbor counts as “expressive conduct” for the purposes of prosecution?

Future Push for More Federal Authority Over Intrastate Crimes

The hate crime bill also pushes a snowball down the mountain toward wholesale federalization of intrastate crime. In a few years this snowball will be an avalanche. By making any gender-motivated crime a hate crime, which will necessarily include nearly all rapes, we will define ordinary street crimes as hate crimes.

With a consistent average of 90,000 rapes a year, this expansion of hate crime definition will come back in a few years where those ignorant of the change in terms will wonder why hate crime is now rampant. “Rampant” only because we have made the relevant definition over-inclusive to the point of being meaningless.

And in a few years, we can revisit this issue with a fierce moral urgency to pass more feel-good legislation that upends state police powers in an effort to do something - anything - to confront this perceived crisis. A perception that Congress is creating in this legislation.

Continuing Erosion of the Iranian Regime’s Legitimacy

The gravest threat to the survival of the repressive regime in Tehran may be the continuing attacks on its perceived legitimacy.  Part of the factional infighting undoubtedly reflects a simple power struggle.  However, religious principles also appear to be at stake.  A number of Muslim clerics are denouncing the authorities for their misbehavior.

For instance, Iranian cleric and blogger Mohsen Kadivar recently applied several Islamic principles to the Iranian government:

The fourth question concerns attempts by some to cite the protection of the Islamic state to justify suppressing people’s efforts to defend their own rights.

The response is that an Islamic state cannot be protected through violence.

The fifth question is about what Shari’a law says are the signs of suppressive guardianship.

The response is that a leader who fails to respect Shari’a law, promotes violence, and rejects the public’s demands is a clear sign of oppressive guardianship and that leader is oppressive. The recognition of those signs is the responsibility, firstly, of Islamic jurists (experts in religious law) and, secondly, of ordinary people.

His words alone will not topple Mahmoud Ahmadinejad and those behind and around him.  But as the regime’s moral foundation further erodes, the long-term possibility of significant changes in Tehran grows.

Americans should cheer for the advance of liberty in Iran.  But the U.S. government, with precious little credibility for promoting democracy in Iran, needs to stay far away.  The last thing Iranian human rights advocates need is for their struggle to become a contest between the Iranian and American governments instead of the Iranian government and Iranian people.

Iraq’s Future Is Up to Iraqis

The U.S. is not yet out of Iraq, but American forces have pulled back from Iraqi cities.  Iraq’s future increasingly is in the hands of Iraqis.  And most Iraqis appear to be celebrating.

Reports the Washington Post:

This is no longer America’s war.

Iraqis danced in the streets and set off fireworks Monday in impromptu celebrations of a pivotal moment in their nation’s troubled history: Six years and three months after the March 2003 invasion, the United States on Tuesday is withdrawing its remaining combat troops from Iraq’s cities and turning over security to Iraqi police and soldiers.

While more than 130,000 U.S. troops remain in the country, patrols by heavily armed soldiers in hulking vehicles as of Wednesday will largely disappear from Baghdad, Mosul and Iraq’s other urban centers.

“The Army of the U.S. is out of my country,” said Ibrahim Algurabi, 34, a dual U.S.-Iraqi citizen now living in Arizona who attended a concert of celebration in Baghdad’s Zawra Park. “People are ready for this change. There are a lot of opportunities to rebuild our country, to forget the past and think about the future.”

On Monday, as the withdrawal deadline loomed, four U.S. troops were killed in the Iraqi capital, the military announced Tuesday. No details about the deaths were provided. Another soldier was killed Sunday in a separate attack.

The Bush administration never should have invaded Iraq.  The costs have been high: more than 4,000 dead American military personnel.  Tens of thousands more have been injured, many maimed for life.  Hundreds more military contractors and coalition soldiers have died.  And tens of thousands of Iraqis – certainly more than 100,000, though estimates above that diverge wildly. 

The U.S. has squandered hundreds of billions of dollars and the ultimate cost is likely to run $2 trillion or more, as the government cares for seriously injured veterans for the rest of their lives.  America’s fine fighting men and women have been stretched thin and America’s adversaries, most notably Iran, have been strengthened.  Yet another cause has been added to the recruiting pitch of hateful extremists seeking to do Americans and others harm.

Nevertheless, let us hope that Iraqis take advantage of the opportunity they now enjoy.  It will take enormous statesmanship and restraint to accommodate those of different faiths and ethnicities, forgive past crimes committed by Sunni and Shia forces, eschew violence for retaliation and revenge, resolve even bitter disagreements peacefully, and accept political defeat without resort to arms.

Other peoples who have suffered less have failed to surmount similar difficulties.  But it is no one’s interest, and especially that of the Iraqis, to lapse back into sectarian conflict and political tyranny.  Let us hope – and dare I suggest, pray? – that they prove up to the challenge.

Who Said “No Comment”?

In this morning’s Washington Post, former Deputy Secretary of Defense Paul Wolfowitz has some advice for the Obama administration regarding the protests in Iran:

[T]he reform the Iranian demonstrators seek is something that we should be supporting. In such a situation, the United States does not have a “no comment” option. Coming from America, silence is itself a comment — a comment in support of those holding power and against those protesting the status quo.

I just did a quick search on www.WhiteHouse.gov, and I did not find the words “no comment” as it pertains to the Iranian elections. I did, however, find two statements on the protests by President Obama:

  • Speaking to reporters following a meeting with Italian Prime Minister Silvio Berlusconi on June 15th, President Obama said:

I am deeply troubled by the violence that I’ve been seeing on television.  I think that the democratic process — free speech, the ability of people to peacefully dissent — all those are universal values and need to be respected.  And whenever I see violence perpetrated on people who are peacefully dissenting, and whenever the American people see that, I think they’re, rightfully, troubled.

and

I think it would be wrong for me to be silent about what we’ve seen on the television over the last few days. And what I would say to those people who put so much hope and energy and optimism into the political process, I would say to them that the world is watching and inspired by their participation…

and

[P]articularly to the youth of Iran, I want them to know that we in the United States do not want to make any decisions for the Iranians, but we do believe that the Iranian people and their voices should be heard and respected.

  • The following day, the president hosted South Korean President Lee  Myung-Bak. Despite the fact that they had a number of very urgent topics to discuss, President Obama took time to state that while it was “not productive, given the history of U.S.-Iranian relations,” for the U.S. president to be “meddling in Iranian elections,” he wished to repeat his remarks from the previous day:

[W]hen I see violence directed at peaceful protestors, when I see peaceful dissent being suppressed, wherever that takes place, it is of concern to me and it’s of concern to the American people. That is not how governments should interact with their people.

and

I do believe that something has happened in Iran where there is a questioning of the kinds of antagonistic postures towards the international community that have taken place in the past, and that there are people who want to see greater openness and greater debate and want to see greater democracy. How that plays out over the next several days and several weeks is something ultimately for the Iranian people to decide. But I stand strongly with the universal principle that people’s voices should be heard and not suppressed.

So, President Obama has not been silent, and he has never said “no comment.”

Judging from the text of his op-ed, Wolfowitz seems most frustrated that the Iranian election dispute might not prove a precursor to regime change in Iran on par with the overthrow of Ferdinand Marcos in the Philippines in 1986 and the ascension of Boris Yeltsin in Russia in 1991.

Wolfowitz admits that no historical analogy is perfect, but he doesn’t dwell on what really differentiates the overthrow of Marcos in 1986 and the Yeltsin countercoup of 1991 from the situation today in Iran: a pattern of trust and amicable relations on the one hand, and an equally clear pattern of suspicion and hostility on the other.

In 1986, the United States had been supporting the Filipino government for roughly 40 years. No one could have painted Aquino and her spontaneous “people power” protests as the leading edge of a regime-change operation funded and choreographed by the CIA. When Ronald Reagan’s personal emissary, Sen. Paul Laxalt, communicated with Marcos privately, the message was crystal clear: time’s up.

In a similar vein, George H.W. Bush’s close ties to Mikhail Gorbachev, painstakingly cultivated for several years, built an atmosphere of trust that extended beyond Gorbachev’s personal circle of advisers. The United States had not been engaged during the Bush adminstration — and not even during the closing days of the Reagan administration, for that matter — in attempting to overthrow the Soviet government. The collapse came from within. When the counter-counter-revolutionaries attempted to take back power, Yeltsin never feared being tarred as an agent for the West. Instead, he sought out and embraced U.S. support. And yet, the most important communications between Washington and Moscow were conducted in private.

Contrast this conduct with what the neocons have done and would have us do. The Reagan and first Bush administrations engaged in “diplomacy”: back-channel communications, moral suasion, gentle pressure. The neocons have painstakingly sought to destroy the very concept, equating “diplomacy” with “appeasement.” Having succeeded in thwarting efforts to resolve the stand-off with Iraq by peaceful means, they got their war, and now they’ve moved on. They have since drifted off to the private sector and friendly think tanks from whence they can write op-eds on what to do next.

In truth, their efforts began years ago.

Mere weeks after the United States invaded Iraq, Richard Perle said publicly of neighboring Iran and any other country who would dare to oppose the United States: “You’re next.” Behind the scenes, the Iranians are reported to have approached the Bush administration in the spring of 2003 with an offer to negotiate an end to their nuclear program in exchange for normalized relations (Nicholas Kristof posted the docs on the NYT blog).

The Bush administration’s response? “No comment.” Instead, they effectively let Richard Perle do the talking for them. Within a few years, the small circle of reformers who had been willing to reach out to the United States were gone from power, replaced by Holocaust-denier Mahmoud Ahmadinejad.

Since then, pro-democracy advocates in Iran have had a simple message for the Americans who purport to be their saviors: butt out. Most notable among this group is Nobel-laureate Shirin Ebadi, who has been outspoken in calling the elections a fraud, but has been equally clear in urging American leaders not to anoint the Iranian reform movement as America’s choice. Ebadi has praised Obama’s approach. A more outspoken, or even hostile, posture by Washington would certainly evoke a counterreaction among fiercely nationalistic Iranians.

In short, the louder the neocons become in their braying for a free and fair counting of the election results, the less likely it is to occur. In their more candid moments, a few are willing to admit that they would prefer Ahmadinejad to Mousavi.

Before the election, Daniel Pipes told an audience at the Heritage Foundation (starting at 1:29:26 in the clip), “I’m sometimes asked who I would vote for if I were enfranchised in this election, and I think I would, with due hesitance, vote for Ahmadinejad.”

The reason, Pipes explained, is that he would “prefer to have an enemy who’s forthright and blatant and obvious, who wakes people up by his outlandish statements, than a slier version of that same policy as respresented by” Mousavi. “If you get someone…who is saying the nice things that people want to hear, then there’ll be a relaxation, which would be the wrong step for us.”

Max Boot sees things in a similar light. “In an odd sort of way,” wrote Boot on Commentary blog last Sunday:

[A] win for Ahmadinejad is also a win for those of us who are seriously alarmed about Iranian capabilities and intentions. With crazy Mahmoud in office — and his patron, Ayatollah Khameini, looming in the background — it will be harder for Iranian apologists to deny the reality of this terrorist regime.

This does make sense, “in an odd sort of way” — if that is all you care about. Mousavi, for example, was instrumental in restarting Iran’s nuclear program (it had been initiated by our ally the Shah in the 1970s). It would be logical to guess, therefore, that he won’t willingly give it up.

And given that he doesn’t carry Admadinejad’s baggage, he might be more capable of convincing outside powers to normalize relations with Iran, and to allow his country to continue with a peaceful uranium enrichment program in exchange for a pledge not to weaponize. This must frighten those who refuse to countenance an Iranian nuclear program on par with that of, for example, Japan.

Perhaps that is what this loud talk is really all about?

It is possible to view President Obama as a more credible messenger, given that he opposed the Iraq war from the outset and has shown a willingness to reach out to the Iranian people. Perhaps a full-throated, morally self-righteous, public address in support of Mousavi’s supporters might have tipped the scales in the right direction.

It seems more likely, however, that Obama’s patient, measured public response to recent events is well suited to the circumstances. As the president said earlier this week, Americans are right to feel sympathy for the Iranian protesters, and we should all be free to voice our sentiments openly. But it is incumbent upon policymakers to pursue strategies that don’t backfire, or whose unintended consequences don’t dwarf the gains that we are trying to achieve. In many cases, the quiet, private back channel works well. And if we discover that there is no credible back channel to Iran available, similar to those employed in 1986 and 1991, then we’ll all know whom to blame.

Denying ‘Terrorists’ the Label

The killing of abortion docter George Tiller is an interesting microcosm of how terrorism works – and how it can be suppressed. I wrote here the other day denying that Tiller’s killer is a terrorist. Refusing to call him a terrorist will deny him strategic gains and reduce violence in the future.

Now the AP reports the killer’s claim from jail that similar violence is planned across the nation. This kind of statement is not likely prediction, but rather an appeal to like-minded people to join him. Like terrorists, he has a strong ideological commitment but almost no way to advance his cause other than by inducing missteps on the part of his opponents.

Letting Dr. Tiller’s killer wear the mantle of terrorism would enthuse people who might be inclined to join his cause and carry out future attacks on abortion providers. The best strategic response is to downplay his claims, refuse to call him a terrorist, and let the criminal process run its course.

Some Early Thoughts on Obama’s Speech

I listened live to the president’s Cairo speech this morning on my ride into work. I know that it will be parsed and dissected. Passages will be taken out of context, and sentences twisted beyond recognition. At times, it sounded like a state of the union address, with a litany of promises intended to appeal to particular interest groups.

That said, I thought the president hit the essential points without overpromising. He did not ignore that which divides the United States from the world at large, and many Muslims in particular, nor was he afraid to address squarely the lies and distortions – including the implication that 9/11 never happened, or was not the product of al Qaeda – that have made the situation worse than it should be. He stressed the common interests that should draw people to support U.S. policies rather than oppose them: these include our opposition to the use of violence against innocents; our support for democracy and self-government; and our hostility toward racial, ethnic or religious intolerance. All good.

Two particular comments jumped out at me (the speech text can be found here):

1. The president clearly stated his goals for the U.S. military presence in Iraq. He pledged to “honor our agreement with Iraq’s democratically-elected government to remove combat troops from Iraqi cities by July,” “the removal of our combat brigades by next August,” and “to remove all our troops from Iraq by 2012.”

This might not seem like much. As noted, it is the established policy of the U.S. government and the Iraqi government under the status of forces agreement. Some recent comments by Army Chief of Staff Gen. George Casey, however, implied that U.S. troops might remain in Iraq for a decade. I’m glad that the president cleared up the confusion.

2. President Obama wisely connected U.S. policy in the 21st century to its founding principles from the earliest days to remind his audience – or perhaps to teach them for the very first time – that the United States was not now, nor ever has been, at war with Islam, or with any other religion. George Washington affirmed the importance of religious equality in his letter to the Hebrew Congregation in Newport, Rhode Island. President Obama quoted John Adams, who saw no reason why the United States could not enjoy good relations with Morocco, the first country to recognize the United States. When signing the Treaty of Tripoli, Adams wrote, “The United States has in itself no character of enmity against the laws, religion or tranquility of Muslims.”

But the president also drew on the Founders to convey a broader message. They believed that the new nation should advance human rights and the cause of liberty by its example, not by military force. Some of our recent leaders seem to have forgotten that, and a few pundits have actually scorned the suggestion. The president wisely cast his lot with the earlier generation, quoting Thomas Jefferson who said “I hope that our wisdom will grow with our power, and teach us that the less we use our power the greater it will be.”

It is a good quote. I use it in my book, too.

Iraq’s Refugee Crisis

George W. Bush’s misguided attack on Iraq has had catastrophic consequences for the Iraqi people.  Although the removal of Saddam Hussein was a blessing, the bloody chaos that resulted was not.  Estimates of the number of dead in the ensuing strife starts at about 100,000 and rises rapidly.  The number of injured is far greater.

Moreover, roughly four million people, about one-sixth of the population, have been driven from their homes.  The most vulnerable tended to be Iraq’s Christian community and Iraqis who aided U.S. personnel – acting as translators, for instance.  Yet the Bush administration resisted allowing any of these desperate people to come to America, since to resettle refugees would be to acknowledge that administration policy had failed to result in the promised paradise in Babylon.

This horrid neglect continues.  Reports Hanna Ingber Win:

Of the millions displaced, the United States will resettle about 17,000 new Iraqis this coming fiscal year. While that is a relatively small number of arrivals compared to the number displaced, about a third of them will end up in El Cajon and Greater San Diego. More than 5,000 new Iraqis will arrive in San Diego County during the fiscal year ending September 30, 2009, according to Catholic Charities in the San Diego Diocese. Getting jobs, homes and visas to reunite the families of the new arrivals — many of whom put their lives and their families’ lives at risk by helping the U.S. military — is a monumental task.

As the Iraq War played out, the Bush administration seemed to do everything in its power to ignore the refugee crisis. Former President Bush, reluctant to admit to a failed war policy, never mentioned the plight of the refugees and for years refused to allow Iraqis fleeing the war zone to resettle in the U.S. Only after significant political pressure from members of Congress and advocacy groups did the administration’s policy begin to change, and refugees began gaining access to the United States.

As a presidential candidate, Barack Obama pledged to address the humanitarian crisis caused by the war. He vowed to increase the amount of aid given to countries like Syria and Jordan, which harbor most of the displaced people, as well as expedite the process of resettling refugees here.

“The Bush administration made every effort they could to try to minimize the issue [of Iraqi refugees] in the debate on the war,” Amelia Templeton, a refugee-policy analyst with Human Rights First, says not long after the presidential election. The Obama administration, on the other hand, she says, has made the issue an explicit policy priority. “Obama has said this is a major problem, that we are responsible for this problem and we will try to change this.”

Whether the Obama administration will live up to its rhetoric is still to be seen.

Immigration is an emotional issue at any time.  But there is no excuse for not accepting more persecuted peoples who are fleeing violence sparked by U.S. military action and attacks sparked by their aid for U.S. military forces.  If America refuses to act as a haven for these people, then yet another light will have gone out in what was once a shining city on a hill for the world.