| I gotta admit, I'm totally scratching my head here. The attorney general of Connecticut, of all people, buying into the Cheney/Rumsfeld argument against using our court system to try and convict foreign terrorists, just like the Bush administration did with the shoe bomber? I would have guessed that Blumenthal would be the last person to fall in line with this argument, one that asserts that our justice system is too weak or too ineffective to deal with terrorists.
You might be able to convince me that military courts are appropriate for someone like KSM, but you won't convince me that the underwear bomber is a "mastermind". He's little more than a kid who was manipulated as a pawn. Of course, despite being manipulated, he should have to bear responsibility for his actions. And, until recently, there was a strong sentiment, at least among non-neocons, that the federal court system was an appropriate venue to do that. (Remember, Richard Reid, the foreign terrorist "shoe bomber", was tried and convicted in federal court under the Bush administration, Newt Gingrich's confusion on the issue nonwithstanding.)
Unfortunately, as Glenn Greenwald has documented, that sentiment has been reversed across the political spectrum.
In sum, there is clearly a bipartisan and institutional craving for a revival (more accurately: ongoing preservation) of the core premise of Bush/Cheney radicalism: that because we're "at war" with Terrorists, our standard precepts of justice and due process do not apply and, indeed, must be violated. To relieve ourselves of guilt and of the bad lingering taste left from having such discredited and unpopular leadership for eight years, we collectively pretended for a little while to regret the excesses of the Bush/Cheney approach to such matters. But it's now crystal clear that the country, especially its ruling elite, is either too petrified of Terrorism and/or too enamored of the powers which that fear enables to accept any real changes from the policies that were supposedly such a profound violation "of our values." One can only marvel at the consensus outrage generated by the mere notion that we>charge people with crimes and give them trial if we want to lock them in a cage for life. Indeed, what was once the most basic and defining American principle -- the State must charge someone with a crime and give them a fair trial in order to imprison them -- has been magically transformed into Leftist extremism.
To see how radical our establishment consensus in this area has become, just consider two facts. First, look at the Terrorism policies of what had previously been the most right-wing administration in America's history: the Reagan administration. In this post yesterday, Larry Johnson does quite a good job of documenting how Terrorism by Islamic radicals had been a greater problem in the 1980s than it is now. There was the 1983 bombing of our Marine barracks in Lebanon, a 1982 and 1984 bombing of Jewish sites in Argentina, numerous plane hijackings, the blowing up of a Pan Am jet, the Achille Lauro seizure, and what the State Department called "a host of spectacular, publicity-grabbing events that ultimately ended in coldblooded murder" (many masterminded by Abu Nidal).
Despite that, read the official policy of the Reagan Administration when it came to treating Terrorists, as articulated by the top Reagan State Department official in charge of Terrorism policies, L. Paul Bremer, in a speech he entitled "Counter-Terrorism: Strategies and Tactics:"
Another important measure we have developed in our overall strategy is applying the rule of law to terrorists. Terrorists are criminals. They commit criminal actions like murder, kidnapping, and arson, and countries have laws to punish criminals. So a major element of our strategy has been to delegitimize terrorists, to get society to see them for what they are -- criminals -- and to use democracy's most potent tool, the rule of law against them.
It was also Ronald Reagan who signed the Convention Against Torture in 1988 -- after many years of countless, horrific Terrorist attacks -- which not only declared that there are "no exceptional circumstances whatsoever" justifying torture, but also required all signatory countries to "ensure that all acts of torture are offences under its criminal law" and -- and Reagan put it -- "either to prosecute torturers who are found in its territory or to extradite them to other countries for prosecution." And, of course, even George W. Bush -- at the height of 9/11-induced Terrorism hysteria -- charged attempted shoe bomber Richard Reid with actual crimes and processed him through our civilian courts.
How much clearer evidence can there be of how warped and extremist we've become on these matters? The express policies of the right-wing Ronald Reagan -- "applying the rule of law to terrorists"; delegitimizing Terrorists by treating them as "criminals"; and compelling the criminal prosecution of those who authorize torture -- are now considered on the Leftist fringe. Merely advocating what Reagan explicitly adopted as his policy -- "to use democracy's most potent tool, the rule of law against" Terrorists -- is now the exclusive province of civil liberties extremists. In those rare cases when Obama does what Reagan's policy demanded in all instances and what even Bush did at times -- namely, trials and due process for accused Terrorists -- he is attacked as being "Soft on Terror" by Democrats and Republicans alike. And the mere notion that we should prosecute torturers (as Reagan bound the U.S. to do) -- or even hold them accountable in ways short of criminal proceedings -- is now the hallmark of a Far Leftist Purist. That's how far we've fallen, how extremist our political consensus has become.
It's apparent what's going on here. The bipartisan rush towards neocon policies, led by so-called "tough guys" who were waving pom-poms for Bush, have made the political environment so toxic that even the liberal attorney general from Connecticut has to calibrate his positions to avoid being labeled "far left"... or worse. I can acknowledge that in a general election your candidate will always move to the center, but I didn't expect such a drastic echoing of Cheney this soon, and to this extent. I'll still likely support Blumenthal, but count me as disappointed. |