The Nation.



Baghdad Beat

diary of a mad law professor

By Patricia J. Williams

This article appeared in the January 26, 2004 edition of The Nation.

January 8, 2004

There's a wonderful children's story by Roald Dahl titled Fantastic Mr. Fox. Mr. Fox is a wily fellow whose record of chicken theft has driven three local farmers to the point of madness. Using stealth and a big gun, one of them manages to shoot off his tail, but Mr. Fox escapes. Night after night, the farmers maintain their vigil just outside his hole; as their frustration grows they employ more and more extreme methods to force him out--they dig, first with shovels, then bulldozers, driving Mr. Fox and his family ever deeper underground. Over time the farmers move from mere frustration to all-out obsession. With unbounded determination, they devote themselves full time to upending the entire hillside. This quest succeeds in constraining not just Mr. Fox but terrifying all the creatures in the forest--the badgers, the moles, the rabbits, the harmless creatures whose habitats are destroyed in the relentless pursuit. Mr. Fox, meanwhile, becomes more heroically Robin Hood-ish with each upward ratcheting of the assault. He sets up court deep beneath the farmers' own homes, stealing directly from the chicken coop, the cider cellar and the smokehouse. The story ends with Mr. Fox's having established a comfortable underground protectorate for all the animals. The farmers spend their days, their nights and a never-ending stream of their resources bulldozing the wilderness into oblivion.

Our adventure in Iraq reminds me of Roald Dahl's three determined farmers. The public discourse even sounds like a kiddy cartoon: We have captured "a rat" and assorted varmints but not the fox, Osama bin Laden. As I write, the Army has announced plans to train troops in tactics better suited to modern urban war than World War II-style battle. They are beefing up skills like sniping; they will conduct more house-to-house searches; they will learn the rather subtle art of how to pick an insurgent out of a crowd of civilians.

I am hardly a military strategist, but let me offer my ongoing concern that our leaders are dealing with Iraq in very much the way domestic police forces have too frequently mishandled crime in American inner cities, where wrongheaded tactics like careless profiling have repeatedly fueled community resentment and even riots in areas that had once begged for police presence. The missteps have generally involved a terrible dualism: overreaction to so much as a false twitch of a hand with a wallet in it, yet underreaction to large, complex problems like crack houses and drug lords. I can't help thinking about what happened in 1985, when the police decided to pre-emptively act against the MOVE house in Philadelphia. John Africa and his followers were foul and lawless, to be sure, but instead of traditional means, the police chief and the mayor came up with the bright idea of firebombing the building, killing all the occupants, including five children. That they also accidentally ignited the adjacent row houses and ended up burning down the entire neighborhood was an unfortunate bit of collateral damage. A similar thing happened when the ATF and the FBI surrounded David Koresh's compound in Waco, Texas. Rather than wait them out--which might have taken months--they decided to push the siege to an end that resulted in that other notorious inferno.

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About Patricia J. Williams

Patricia J. Williams, a professor of law at Columbia University and a member of the State Bar of California, writes The Nation column "Diary of a Mad Law Professor." Her books include The Rooster's Egg (1995), Seeing a Color-Blind Future: The Paradox of Race (1997) and, most recently, Open House: On Family Food, Friends, Piano Lessons and The Search for a Room of My Own (Farrar Straus and Giroux, 2004.) more...

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