Topic: Foreign Policy and National Security

Is Dr. Tiller’s Killer a Terrorist?

I’ve been intrigued to watch the foment about whether the man who killed Dr. Tiller is a terrorist.

At the ThinkProgress Wonk Room, Matt Duss says, emphatically, “Yes, Dr. Tiller’s Murderer is a Terrorist.” LifeNews.com, a nominal representative of the other “side,” is equally eager to report that abortion activists are calling pro-life advocates “terrorists.”

Mostly, it appears, the Tiller/terrorist question is emotional energy-drink for both sides of the abortion debate. We should let these ideologues be ideologues and move on. But it is worth thinking about the issue in terms of terrorism broadly and in terms of reducing violence prospectively.

Here’s an interesting statement of Duss’ about the killing: “It’s [sic] goal was to intimidate women against exercising their right to choose abortion, and to intimidate doctors who perform them.” Perhaps Duss has had an opportunity to interview Tiller’s killer, who has been highly forthcoming, but more likely Duss is imputing motives to the killer that fit his own worldview and that start an argument he wants to have.

Knowing nothing about the killer, I think it’s a possibility that he might have wanted to avenge what he sees as wrongful deaths that the doctor has brought about, with no contemplation of the prospective effect on women or doctors. The killer might have been trying to impress someone he knows who hated Dr. Tiller. Perhaps he suspected Dr. Tiller was sleeping with his wife (very unlikely, but possible). I don’t think that Duss is wrong, but ascribing motivations to people based on the results they cause is a fascinating habit. To match the hugely shocking results of the 9/11 attacks, President Bush supplied huge reasons that terrorists do what they do, and a deeply unproductive “war on terror” was on.

Now, if the goal is to reduce violence, calling Dr. Tiller’s killer a “terrorist” seems distinctly unhelpful. The criminal laws against homicide contain every penalty that the killer deserves, and he should get justice as the criminal law prescribes it. There is no criminal offense called “terrorism” - and there shouldn’t be, for reasons that follow.

The question in play with Tiller/terrorism goes to future violence - the actions of others. If Tiller’s killer has allies - direct allies or people who agree with what they think he was doing - calling him a “terrorist” will tend to exalt his actions to them. They will perceive it less as an ugly murder and more as political violence done for a cause - something righteous.

If Tiller’s killer were to become widely viewed as a “terrorist,” this would deepen the resolve of his “allies” because they would come to regard the political structure as arrayed against them and their cause. Tiller’s killer would look heroic to them, and his example is one they might seek to emulate in their ideological struggle.

The better approach is to methodically and calmly apply the criminal law to the killing - without rhetorical excess. Putting aside the “political” content will let the ugliness and sadness of the murder carry the day in terms of public attention. This will signal to abortion opponents who might be susceptible to “radicalization” that violence is something sad and pathetic people do. The criminal law accords criminals the justice they are due, families grieve, and the society moves on.

These messages will drain power from the idea of using violence to advance political aims. The best way to talk about the killing of Dr. Tiller is to deal with it only as a grisly and pathetic murder - if the goal is to protect doctors who perform abortion from future violence.

McCarthy Does Petraeus a Disservice

General Petraeus recently gave an interview to Fox News. Petraeus speaks approvingly of the decision to close Guantanamo, limiting interrogation to the techniques in the Army Field Manual, and how adherence to the Geneva Conventions takes propaganda fodder out of the hands of our enemies.

Andy McCarthy attacks Petraeus over at National Review Online’s The Corner:

With due respect to Gen. Petraeus, this is just vapid. To begin with, he doesn’t identify any provision of the Geneva Conventions that we have actually violated - he just repeats the standard talking-point of his current commander-in-chief that we took “steps that have violated the Geneva Conventions” during those bad old Bush days. What steps is he talking about? How about naming one?

McCarthy then uses the brief reference to the Geneva Conventions to attack strawman arguments as if Petraeus wanted to give full Prisoner of War status to Al Qaeda and Taliban fighters and had just proposed ending military detention of combatants picked up on the battlefield.

I’m pretty sure that Petraeus is not squeamish about keeping detainees in custody. As CENTCOM Commander, he’s got over 600 of them in Bagram.

When you watch the video it’s pretty clear that Petraeus was referring to the treatment of detainees and the use of “enhanced interrogation techniques” as violating the Geneva Conventions, a position consistent with his previous statements. Petraeus doesn’t supply a specific provision to satisfy McCarthy, but he is likely thinking about Common Article 3 of the Geneva Conventions of 1949.  This provision bans, even in a conflict of a non-international nature (read: counterinsurgency and counterterrorism), cruelty, torture, and humiliating and degrading treatment.

McCarthy is also broadly dismissive of the propaganda effect that Guantanamo has had in encouraging people to take up arms against US forces. This sentiment is counter to the doctrine that I learned in the Special Forces Detachment Commander’s Qualification Course. Low-level insurgencies and terrorism are driven by propaganda.

To build an insurgency, you don’t need to win battles. You need to take a few shots at your enemy and tell stories about how successful you were, even when you weren’t. Over time you get sympathetic parties to join your struggle and gain critical mass to move into outright guerrilla warfare.

To sustain a worldwide terrorist organization, you don’t need to actually pose an existential threat. You need to prod a superpower into deploying large troop formations into the Muslim world, where they can be entangled in local disputes over local grievances. Usama bin Laden is not the commander-in-chief of any significant armed force, but he can be the inciter-in-chief who makes broad claims about opposition to America. He tries to link local insurgencies to his global caliphate narrative even where they are not supportive of his broader goals. Check out David Kilcullen’s book, The Accidental Guerrilla, for a detailed discussion. Incidentally, Kilcullen worked for Petraeus as a senior counterinsurgency advisor in Iraq.

This is the propaganda war we are fighting, and most everyone agrees that we have not been doing it very well. Every time we drop a bomb in Afghanistan, the Taliban beat us to the punch with exaggerated (and mostly false) claims of civilian casualties. US forces are now reviving body count reports to counter Taliban propaganda. While I don’t think that body counts are a good metric for success in the long run, trying to be an honest broker of good and bad information blunts enemy propaganda.

McCarthy is wrong to mischaracterize Petraeus’ words and dismiss the propaganda war where we have largely been a punching bag. Cheerleading our military leaders who produce gains on the ground but dismissing the fundamental insights that produced their success is willful blindness.

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:

Cheney’s Worldview

Former vice president Richard Cheney gave his big address on national security (pdf) over at AEI last week.   He covered a lot of ground, but this passage, I think, tells us quite a bit about Cheney’s worldview:

If fine speech-making, appeals to reason, or pleas for compassion had the power to move [al-Qaeda], the terrorists would long ago have abandoned the field.  And when they see the American government caught up in arguments about interrogations, or whether foreign terrorists have constitutional rights, they don’t stand back in awe of our legal system and wonder whether they had misjudged us all along.  Instead the terrorists see just what they were hoping for — our unity gone, our resolve shaken, our leaders distracted.  In short, they see weakness and opportunity.

So we shouldn’t let the terrorists see us get “caught up in arguments” about  the wisdom of our foreign policy, about whether our country should go to war, about our country’s treaty obligations, about the parameters of government power under our Constitution?  What is this former vice president thinking?

Does it matter if Charles Manson appreciates the fact that he got a trial instead of a summary execution?  No.  It does not matter what’s in that twisted head of his.  Same thing with bin Laden.  The American military should make every effort to avoid civilian casualties  even if bin Laden targets civilians.  Similarly,  it does not matter if bin Laden scoffs at the Geneva Convention as a sign of  ”weakness.”  The former VP does not get it.  It is about us, not the terrorists.

An obsession with the mentality of the enemy (what they see; what they hope for, etc.) can distort  our military and counterterrorism strategy (pdf) as well.  Cheney wants to find out what bin Laden’s objective is and then thwart it.  I certainly agree that  gathering intelligence about the enemy is useful, but Cheney seems so obsessed that he wants to thwart al-Qaeda’s objectives — even if some pose no threat to the USA, and even if some of al-Qaeda’s  objectives are pure folly.  

If the CIA told Cheney that it intercepted a message and learned that bin Laden wanted some of his men to climb Mount Everest as a propaganda ploy to somehow show the world that they can lord over the globe, one gets the feeling that  Cheney wouldn’t shrug at the report.  Since that is what bin Laden hopes to achieve, the enemy objective must be thwarted!  Quick, dispatch American GIs to the top of Everest and establish a post.  Stay on the lookout for al-Qaeda and stop them no matter what!  That’ll show bin Laden who has the real power!  Farfetched, yes, but what about the costly nation-building exercise (pdf) in Iraq?  How long is that going to last?  Mr. Cheney did not want to address that part of the Bush-Cheney record for some reason.

In another passage, Cheney bristles at the notion that his “unpleasant” interrogation practices have been a recruitment tool for the enemy.  Cheney claims this theory ignores the fact that 9/11 happened before the torture memos were ever drafted and approved.  He observes that the terrorists have never “lacked for grievances against the United States.”  They’re evil, Cheney says, now let’s talk about something else.  The gist of Cheney’s argument — that no post 9/11 policy can ever be counterproductive — makes no sense.

Cheney’s controversial legacy will be debated for a long time.  And he’s smart enough to know that he may have very few defenders down the road, so he is wasting no time at all in making his own case.  The problem is that his case is weak and plenty of people can see it. 

For related Cato work, go here and here.

You’ve Just Got to Love the Way the European Union Operates

Daniel Hannan, the British Member of the European Parliament who gained fame with his devastating critique of Gordan Brown, has been equally trenchant in criticizing the excesses of the European Union.  On his blog he explains the latest self-serving intricacies of voting in the upcoming election for the European Parliament:

How many MEPs will be elected a week on Thursday? Wait! Come back! I’m going somewhere with this! I realise the issue might not sound intrinsically sexy but, believe me, it demonstrates everything that’s wrong with the Brussels system. Bear with me and you will see how flagrant is the EU’s contempt for the ballot box – and for its own rule book.

Had the European Constitution Lisbon Treaty been ratified, there would have been 754 MEPs in the next Parliament. But under the existing scheme – that provided for by the Nice Treaty – there are meant to be 736. Three countries have rejected the European Constitution in referendums, and it is not legally in force. So how many MEPs will be elected a week on Thursday?

You don’t need me to tell you, do you? The EU’s primary purpose is to look after its own. Eighteen unconstitutional or “phantom” Euro-MPs will be elected anyway (hat-tip, Bruno), and will draw their full salaries and allowances. The only concession to the letter of law is that they won’t be allowed to vote. In other words – in an almost perfect metaphor for the entire Euro-system – they will be paid without having any function. (Incidentally, a couple of BNP trolls keep posting here to asking when I’m going to publish my expenses. I did so ages ago – see here – and all Conservative MEPs have done the same: our Right to Know forms are available online here.)

The number of Euro-MPs in the chamber might seem a recondite issue, but it goes to the heart of how the EU behaves. Other, more important, parts of the European Constitution have also been implemented, without the tedious process of formal ratification: a European foreign policy, the harmonisation of justice and home affairs, justiciability for the Charter of Fundamental Rights.  These things would have been regularised by the European Constitution, but have been enacted despite its rejection.

It’s almost as good as unconstitutionally giving Washington, D.C. a congressman!

In fact, the attempt to consolidate continental government without giving the European people much say over the political system they live under is even more bizarre than electing MEPs who might never be able to vote.  If implemented, the Lisbon Treaty will reduce the ability of the European people to hold their government accountable, but that’s just the point to the Eurocratic elite actively pushing further centralization of power.  About the only barriers left to the implementation of the Lisbon Treaty are the Irish people and Czech President Vaclav Klaus, as I detail in a recent article on American Spectator online.