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I am beginning to suspect that Nation readers may not fully appreciate the challenges Attorney General John Ashcroft faces. What would you do in his place? Your intelligence agencies had no advance knowledge of the September 11 plot and don't appear to know much more about future attackers. Airport security screeners are letting test bombs and guns pass at alarming rates, and your immigration agency is so hapless that it issued visa extensions to two of the hijackers six months after they died flying planes into the World Trade Center towers. When you consider the threat from their side and the incompetence on ours, it's understandable that Ashcroft has cast his net so wide. He's shooting in the dark. In fact, the expanse of his net is probably inversely proportional to the depth of the intelligence he has received.
But just as with the terrorists themselves, understanding Ashcroft's motives does not justify his actions. To date, despite the thousands of Arab and Muslim immigrants arrested, searched, profiled and questioned, Ashcroft has charged only a single person--Zaccarias Moussaoui--with any involvement in the attacks of September 11. And he was arrested before the attacks occurred. Such broad-brush tactics are unlikely to succeed, for they give notice to potential targets, allowing them to evade detection while alienating the very communities we must work with to identify potential threats who may be living among them.
Ashcroft has shown no signs of getting closer to his target. And the less he finds, the wider he sweeps. He recently announced that he was extending to 3,000 more people his much-criticized initiative to subject male immigrants from Arab countries to "voluntary" interviews, despite the fact that the initial interviews have led to no further charges in the investigation. And having learned how easy it is to use immigration law as a pretext for criminal law enforcement when you lack probable cause, the Justice Department is now preparing to enlist local police officers to help enforce immigration law, a disastrous proposal likely to drive immigrant communities even deeper underground.
The lengths to which Ashcroft will go was revealed most recently by his indictment of Lynne Stewart, a 62-year-old New York attorney who has made a career of courageously taking on clients for whom few other lawyers are willing to risk their reputations. Her most notorious such case was defending Sheik Omar Abdel Rahman in his 1995 criminal trial for conspiring to bomb the tunnels into Manhattan. Now she's charged with providing "material support" to the sheik's organization, the Egypt-based Islamic Group, largely by abetting communications between the sheik--whom prison regulations prohibit from communicating with virtually anyone in the outside world--and others in the group.
The government simultaneously announced that it will make Rahman its test case for its unprecedented initiative to listen in on attorney-client communications. Confidential exchanges with lawyers have long been sacrosanct, because they are critical to any fair legal process. In the past, they could be intruded upon only with a warrant based on probable cause that the communications were intentionally furthering criminal activity, but the new regulations permit monitoring without a warrant or probable cause. But under regulations issued after September 11, the government claims the authority to monitor attorney-client communications without establishing probable cause for believing that the communications are being used for illegal ends, and without obtaining authorization from a judge.
Most troubling, Ashcroft is prosecuting Stewart although she has not been charged with furthering any illegal or violent activity of the Islamic Group, a wide-ranging Islamic political movement that engages in a great deal of lawful activity in addition to terrorism. While many have criticized the government for targeting a lawyer, of far more concern is its criminalization of speech and associations having no connection to terrorism. Unable to link Stewart to any actual terrorist activity in any way, Ashcroft has resorted to guilt by association. As a US citizen, Stewart will at least have an opportunity to defend herself in a public trial. Not so the hundreds of noncitizens still being detained on immigration charges in connection with the September 11 investigation, many long after their immigration proceedings have concluded. Under orders from Ashcroft, they are being tried in secret proceedings closed to the public, press, legal observers and family members.
In a major setback for the Ashcroft agenda, US District Judge Nancy Edmunds on April 3 declared the closed proceedings unconstitutional. She ruled that open trials are a fundamental feature of our justice system and that any closure must be carried out not in the sweeping manner that Ashcroft so favors but through means narrowly tailored to protect national security interests. The government has appealed, arguing that to act in a more narrowly tailored fashion might tip off Al Qaeda to what we do and don't know. But one has to wonder whether the government's real concern isn't that opening the proceedings might tip off the public to just how wildly John Ashcroft is shooting in the dark.
Israel and Palestine will not find peace until both have security and sovereignty.
How cool is Jennifer Harbury? She is currently arguing her own case before the Supreme Court, demanding the right to sue the government because, she maintains, its leaders deliberately misled her about the murder of her husband, a Guatemalan rebel leader named Efrain Bamaca Velasquez who was killed in army custody during the counterinsurgency war in Guatemala in the early 1990s.
Harbury has a case. The State Department has confirmed that Col. Julio Roberto Alpirez, who was present during Bamaca's interrogation/murder, was a paid CIA asset. A CIA report alleges that Alpirez did the dirty deed himself. When then-State Department official Richard Nuccio informed Senator Robert Torricelli of that, Nuccio immediately found himself the target of a Justice Department investigation. A federal prosecutor accused him of betraying America by conspiring with Torricelli to blow Alpirez's cover, of destroying CIA officers' careers and of being an agent of the guerrillas. Although the United States offered no official charges or accusations, in a highly unusual move the CIA demanded that the State Department strip Nuccio of his security clearance, thereby depriving him of his livelihood. Harbury endured a thirty-two-day hunger strike to force those officials to come clean. She is now arguing that she could have saved her husband's life through the US court system had she known the truth during the period between his capture in March 1992 and his murder in 1993 or 1994.
A report by the President's Intelligence Oversight Board rejected the charge of deliberate lying by US officials but admitted that if the government had bothered to investigate "when Jennifer Harbury first raised the issue of her husband's fate" in the spring of 1992, the State Department "might have been able at a much earlier date to provide her with useful information." The key word here appears to be "useful."
Warren Christopher, Anthony Lake and the other Clinton Administration officials named by Harbury are probably right when they argue that leveling with her at the time would have made little difference in saving her husband's life. US courts do not have jurisdiction over the Guatemalan military (though US foreign policy officials often do). They also deny that they lied. But for procedural reasons, the ex-officials have to argue that regardless of whether they lied, a US citizen has no legal right to sue a public official who does lie. Solicitor General Theodore Olson filed an amicus brief arguing on behalf of the government's right to lie: "It is an unfortunate reality that the issuance of incomplete information and even misinformation by government may sometimes be perceived as necessary to protect vital interests," he maintains.
This particular case stinks for more reasons than can be precisely counted. In addition to the above, Bamaca was killed by a genocidal government that enjoyed the enthusiastic support of Ronald Reagan and George H.W. Bush. This is not only my opinion; it is the view of the Guatemalan Historical Clarification Commission's 1999 report, which condemns the United States for aiding a "criminal counterinsurgency" against the nation's indigenous Mayan population. America's Guatemala policy was anticommunism gone mad.
Moreover, if David Brock is to be believed, Olson is himself tainted by his lies to Congress. According to Brock's Congressional testimony, Olson lied during his confirmation hearings about his role in the Richard Mellon Scaife-funded "Arkansas Project," run out of the offices of The American Spectator and designed to undermine the Clinton presidency by any means necessary. What a surprise, therefore, that he thinks it's OK for the government to lie as well.
But the sorry truth is that the question of the government's right to lie is a lot more complicated than it looks. The Supreme Court has repeatedly enshrined in law the extremely provocative statement enunciated in the aftermath of the Cuban missile crisis by Assistant Secretary of Defense for Public Affairs Arthur Sylvester: "It's inherent in [the] government's right, if necessary, to lie to save itself." Dishonest officials have stretched the "national security" definition beyond recognition to protect not only thuggish murderers but also narrow political interests. But the principle itself is not wholly unsound. Although lies undermine the confidence in, and practice of, democracy, in the wake of the September 11 attacks, one can imagine circumstances in which a temporary lie might save lives without endangering the Constitution.
The problem is how to set enforceable limits. Government officials lie all the time. And while it is a crime to lie to Congress and to commit perjury, these acts are prosecuted in such a haphazard and nakedly political fashion that they can hardly serve as much of a deterrent. Lawrence Walsh's legitimate prosecutions of Reagan Administration officials who lied about matters of state were mocked by allegedly high-minded pundits like David Broder and George Will and overturned in a cowardly fashion by defeated President George H.W. Bush after the 1992 election.
Meanwhile, a fanatical cabal inside the Republican Party and Kenneth Starr's office manipulated these same laws to impeach President Clinton and disarm his popular agenda over a private lie not about a matter of state but a routine case of almost adultery. Given that hundreds of thousands if not millions of Americans have told this same type of lie to protect their families (or themselves) from humiliation, they saw this partisan gambit for what it was, punishing its perpetrators in the 1998 election. But the self-righteous pooh-bahs of the punditocracy--many of whom celebrated the Reagan-era liars and quite a few of whom told their share of adulterous lies--behave as if their hypocrisy were somehow patriotically inspired.
Jennifer Harbury continues to fight not only for justice for her husband but also for a reasonable definition of the government's right to lie. Bully for this brave woman who, despite her personal tragedy, takes democracy more seriously than its alleged protectors. She is a patriot to put the pundits to shame.
The Bush Administration has vigorously and effectively responded to the terrorist attack of September 11. The country seems united behind that effort. Certainly there was no hint of a doubt in the repeated standing ovations Congress gave the President's State of the Union address, including his bold declaration that the war on terrorism has just begun. The President singled out Iran, Iraq and North Korea as the most likely next targets of America's aroused ire against terrorists and governments that attempt to acquire weapons of mass destruction that we, the Russians, the British, the French, the Chinese, the Indians, the Pakistanis and the Israelis already possess.
No longer in government, I do not have the benefit of national security briefings or Congressional committee deliberations. So perhaps instead of making assertions, it may be more appropriate for me to ask some questions that have been on my mind both before and since September 11.
Which course might produce better results in advancing American security? Is it by continuing to boycott, diplomatically and commercially, such countries as Iran, Iraq, North Korea, Libya and Cuba and threatening to bomb them? Or would we be better off opening up diplomatic, trade and travel relations with these countries, including a well-staffed embassy in each? If we are fearful of a country and doubtful of its intentions, wouldn't we be safer having an embassy with professional foreign service officers located in that country to tell us what is going on?
Our leaders frequently speak of "rogue nations." But what is a rogue nation? Isn't it simply one we have chosen to boycott because it doesn't always behave the way we think it should? Do such nations behave better when they are isolated and boycotted against any normal discourse? What do we have to lose in talking to "rogue nations" diplomatically, trading with them commercially and observing their economic, political and military conditions?
Instead of adding $48 billion to the Pentagon budget, as the President has proposed, wouldn't we make the world a more stable, secure place if we invested half of that sum in reducing poverty, ignorance, hunger and disease in the world? We are now twentieth among nations in the percentage of gross national product devoted to improving life in the poor nations. If we invested half of the proposed new military spending in lifting the quality of life for the world's poor we would be the first among nations in helping others.
Is it possible that such an achievement would reduce some of the gathering anger that the poor and miserable of the earth may be inclined to direct at the rich and indifferent? Why does a wealthy zealot like Osama bin Laden gain such a huge following among the poor and powerless of the world? Acting on the old adage "charity begins at home," why not invest the other half of the proposed new money for the Pentagon in raising the educational, nutritional, housing and health standards of our own people?
Our military services are the best in the world. But with a military budget at record levels, do we need to allocate another $48 billion--an amount greater than the total military budget of any other nation? Is not the surest foundation for our military forces a healthy, educated, usefully employed citizenry? And is not the best way to diminish some of the international trouble spots, which might embroil our young men and women, by reducing the festering poverty, misery and hopelessness of a suffering world?
Of course we need to take reasonable precautions in our airports and other strategic points to guard against terrorists or nut cases. As a World War II bomber pilot, I appreciate the role of both tactical and strategic bombing in all-out warfare. But is sending our bombers worldwide in the hope that they might hit terrorist hideouts or such hostile governments as Iraq an effective way to end terrorism? May it not more likely erode our current international coalition, while fanning the flames of terrorism and hatred against us as the world's only superpower, hellbent on eradicating evil around the world?
The Administration now has seventy-five officials hidden in bunkers outside Washington poised to take over the government in the event of a terrorist attack. Is it possible that paranoia has become policy? No such extreme measures were undertaken in World War II, nor in the half-century of cold war between the two nuclear giants, Russia and the United States.
All of us who love this land want our President to succeed. Nothing would give me greater happiness than to see him become a great President. But is it possible that our well-intentioned President and his Vice President have gone off the track of common sense in their seeming obsession with terrorism? Is there still validity to the proverb "whom the Gods would destroy, they first make mad"?
For half a century, our priorities were dominated by the fear of Russian Communism--until it collapsed of its own internal weakness. As I listen to the grim rhetoric of Messrs. Bush and Cheney, I wonder if they are leading us into another half-century of cold war, with terrorism replacing Communism as the second great hobgoblin of our age.
"... Come my friends,
'tis not too late to seek
a newer world, ..."
Barely six months after Russian President Vladimir Putin became the Bush Administration's most valuable ally in the war against terrorism in Afghanistan, the promise of a historic US-Russian partnership is being squandered. Indeed, this second chance to establish a truly cooperative relationship with post-Communist Russia--after the lost opportunity of the 1990s--is being gravely endangered by Bush's own policies.
During the weeks after September 11, Russia's contribution to the US counterterror operation in Afghanistan exceeded that of all of America's NATO allies together. Not only did Moscow provide essential intelligence information, it allowed the Pentagon to use its airspace and crucial Soviet-built airfields in Central Asia. It also stepped up its military assistance to the Afghan Northern Alliance, which Russia had supported long before September 11 and which did most of the ground fighting until recently. Even Russia's pro-Western lobbies are now asking, "What did we get in return?" Or as a leading member of the Parliament defense committee told us, "After September 11, we thought we were strategic partners, but America is an unreliable partner who completely disregards the interests of Russia."
Indeed, the arrival of the two of us in Moscow in March coincided with the Los Angeles Times revelations about the Pentagon's new nuclear doctrines, which continue to include Russia as a possible target of a US attack. It was the lead story for days in Russia's media, and most of the headlines and commentary were angrily anti-American. Komsomolskaya Pravda, Moscow's largest-circulation newspaper, featured a half-page illustration of a muscular Bush as Rambo, cradling a machine gun and flanked by his warriors--Rumsfeld (in a metal-studded headband, brandishing a bloody sword), Cheney, Powell and Rice. Protests against US policy and Bush himself reached such levels that the US ambassador called in Russian journalists to chastise them for being anti-American.
His lecture did nothing to squelch anti-US sentiments, which had diminished after September 11 but are now growing rapidly. Symptomatic was the view, widely expressed in media commentary and public opinion polls, that a US-led plot had deprived Russian athletes of gold medals at the Salt Lake City Olympics. Scarcely less resented was Bush's decision to impose tariffs on Russian steel, which increased belief in American hypocrisy about the virtue of "free markets."
More serious, however, is the opinion spreading across Moscow's political spectrum that the Bush Administration's war on terrorism now has less to do with helping Russia--or any other country--fight Islamic extremism on its borders than with establishing military outposts of a new (or expanded) American empire ("a New Rome," as a leading politician's aide remarked to us) with control over the region's enormous oil and gas reserves as its primary goal. Even Russians who consider themselves pro-American are understandably finding it increasingly difficult to counter this charge.
After all, viewed from Moscow, since September 11 the Bush Administration seems to be systematically imposing what Russia has always feared--a hostile military encirclement. This is not merely the product of anti-US conspiratorial theories. In fact it is likely that by 2003, there will be a US or NATO military presence in at least eight or nine of the fifteen former Soviet republics--four or all five of the Central Asian "stans," Georgia and the Baltic states of Latvia, Lithuania and Estonia.
Not surprisingly, President Putin, Bush's alleged "partner," is coming under increasing high-level attack in Moscow as a result of White House policies. Putin's policies have unleashed angry charges that he is "losing" Central Asia and the Caucasus while succumbing to US imperialism. Of special importance, and virtually without precedent in Soviet or Russian history, has been a series of published "open letters" signed by retired generals, including one of former President Yeltsin's defense ministers, accusing Putin of "selling out" the country and "betraying" the nation's security and other vital interests.
The Kremlin is, of course, trying to defend what Putin's supporters call his "strategic choice" of an alliance between Russia and the United States and to discount the Bush Administration's recent steps. But a fateful struggle over that choice--and perhaps Putin's leadership itself--is clearly under way in Russia's political class. A pro-Western newspaper headline responded to the Pentagon's new strategic doctrines: America Prepares Friendly Nuclear Strike for Russia. Even given Putin's personal popularity with the Russian people and his backing by the Western-oriented energy oligarchs, it seems unlikely that he can go along with this fictitious "partnership" much longer.
If nothing else, the new US strategic thinking, including its enhanced status for tactical nuclear weapons, strengthens elements in the Russian military that have lobbied since the 1990s for giving "surgical" battlefield nukes a larger role in the Kremlin's own doctrine. As a leading Russian military specialist argues, the new US doctrine gives the Russian military additional arguments for new testing and deployment. "If the United States resumes real nuclear tests to make the new weapons," he wrote in early March, "Russia will soon follow." Indeed, in late March the head of the Parliament defense committee called on Putin to upgrade Russia's nuclear weapons capability in response to the US missile defense program.
All this suggests that the scheduled May summit between Bush and Putin, in Russia, may turn out to be little more than a show designed to promote the two leaders' political fortunes, but that does nothing to achieve today's most urgent security need--sharp reductions in both sides' nuclear arsenals. ("Storing" instead of destroying warheads, as Washington insists on doing, for instance, would not actually reduce those weapons or Moscow's growing sense of military insecurity.)
None of this is in America's true national interest. The post-cold war nuclear world, as this magazine has long pointed out, is more dangerous than was the cold war itself. The primary reason, September 11 notwithstanding, remains the instability of Russia's post-Soviet nuclear infrastructures. CIA director George Tenet has emphasized, for example, the imminent danger that Russia's nuclear devices, materials and knowledge might become the primary source of proliferation.
The Bush Administration's policy of treating Russia not as a real partner, with its own legitimate national interests, but merely as a part-time helper when it suits US purposes as well as a potential nuclear target only increases these dangers. In this fundamental sense, the United States today has an Administration whose Russia policies are endangering America's national security.
A move is on to blur the line between conventional and nuclear weapons.
"Debacle in Kwangju." Were Washington's cables read as a green light for
the 1980 Korean massacre? (1996)
"Stiglitz Roars Back" (2001)
International law offers too little protection for prisoners of the new war.
George W. Bush went out of his way to praise America's allies in his speech marking the six-month anniversary of the attacks on the World Trade Center and the Pentagon. In a clear effort to massage the sensibilities of nations worried about escalating US unilateralism, he spoke of "the power and vitality of our coalition" against Al Qaeda and singled out for praise nations from Denmark to Uzbekistan.
But the international concerns about US intentions persist, and with good reason. Before Bush made his speech stroking the Afghanistan allies, from the Pentagon leaked previously confidential portions of the Nuclear Posture Review, calling for more flexible nuclear weapons, arguing for a resumption of weapons testing and exploring "contingencies" that could require nuclear attack on Russia, China, North Korea, Libya, Syria, Iraq or Iran.
Arguments for the tactical use of nuclear weapons are not new. But the endorsement of that strategy at the highest levels of the Administration marks a dramatic departure, a direct threat of first-use nuclear strikes against nonnuclear states. The review envisions nuclear weapons not as unthinkable engines of holocaust--their very use a crime against humanity--but as the next logical battlefield step from bunker-busters and daisy-cutters. Yet there is no such thing as a logical use of a nuclear weapon. On page 7 Jonathan Schell writes that just as New York was dealing with a false nuclear bomb scare, the "government was moving to relegitimize the use of nuclear weapons in general and throwing down the nuclear gauntlet to the Middle East in particular--the very part of the world from which New York and Washington and other cities most fear attack."
This unprecedented waving of the nuclear stick against nonnuclear foes (unprecedented, anyway, since Richard Nixon threatened to drop the bomb on Hanoi and was dissuaded by Henry Kissinger, a moment captured on newly released tapes) is even more worrisome because despite Bush's reassuring language, his speech outlined the "second stage" of the war on terrorism. This phase envisions a significant shift from the international police action aimed primarily at Al Qaeda. Bush, who has already dispatched advisers to Georgia, Yemen and the Philippines, said the United States "encourages and expects governments everywhere to help remove the terrorist parasites that threaten their own countries and the peace of the world" and offered troops and assistance. The suggestion to coalition partners: Support future American action against Iraq, and we'll actively support you against whatever militants harbor, in Bush's words, "differences and grievances" with your government. He also raised the possibility of pre-emptive strikes against nations deemed to be developing weapons of mass destruction--now, presumably, with nuclear weapons.
Rather than legitimizing nuclear warfare, the United States should be leading a global campaign to shun nuclear weapons as genocidal and promoting effective international agreements to halt nuclear proliferation and the development of other weapons of mass destruction.
Bush's speech stakes out a massive expansion of American military options. Where the nuclear policy review and the war on terror come together is an expanding pursuit of American military and political supremacy as an end in itself.