rssConservatives Attack Administration for Upholding Constitution
Tuesday, December 29, 2009 at 1:23 pm
- 43 Comments
The Wall Street Journal, Pat Buchanan and others are already condemning the Obama administration for treating Umar Farouk Abdulmutallab as a civilian criminal rather than an illegal warrior to whom we can presumably do whatever we please. We are in “a war,” The Journal reiterated today — as did Buchanan, debating my colleague Spencer Ackerman this morning on MSNBC’s “Morning Joe” — and the government had better start fighting one.
The Journal and Buchanan somehow overlook the five different wars — or five fronts in the “Terror War” — that Glenn Greenwald aptly points out today. We are, after all, engaged in consistent deadly bombings and raids aimed at terrorists and their sympathizers in Yemen, Pakistan, Afghanistan, Somalia and Iraq.
Still, The Journal’s editors are wringing their hands over the administration’s decision to “treat terrorists like routine criminal suspects” with a right to a lawyer and a defense, rather than classifying Abdulmutallab as a “illegal enemy combatant who should be interrogated first with the goal of preventing future attacks and learning more about terror networks rather than gaining a single conviction.”
Here we have another version of former Vice President Dick Cheney’s “torture works” argument — notwithstanding all the evidence to the contrary. The Journal and Buchanan apparently believe that the U.S. government ought to have grabbed Abdulmutallab and whisked him away to a secret prison where we could interrogate him under torture, what Cheney and The Journal’s editorial board would call “enhanced interrogation techniques” — even though the FBI, which conducts lots of interrogations, has argued in memos that such tactics are unlikely to yield useful information and make prosecution of actual terrorists impossible. U.S. military leaders and at least one Republican senator have also agreed they may aid terrorist recruitment to boot.
It’s worth noting that the Bush administration treated Richard Reid, the so-called “shoe bomber” who similarly attempted to blow up a plane shortly before Christmas in 2001, as a criminal. Reid was convicted in federal court and is now serving a life sentence in a federal prison.
In contrast, most of the suspects — including 520 Guantanamo Bay detainees — that the Bush administration treated as “enemy combatants” ended up being transferred or released. The Bush administration failed to collect any usable evidence against them, and as a result could neither try them nor continue to hold them without charge. As Republicans are quick to point out, some of those people have since joined terrorist groups back home. Indeed, reports are emerging that some may have been behind last week’s bombing attempt.
Actually, The Journal is right that, as I noted yesterday, the Obama administration’s handling of Abdulmutallab is inconsistent with the treatment of some other alleged terrorists, whom the administration has insisted it will try in military commissions rather than ordinary civilian courts. But rather than highlight the need to interrogate Abdulmutallab under torture, it underscores just how wrongheaded the warrior approach has actually been.
As Greenwald points out, our five-front war is “constantly delivering death to the Muslim world,” leading many Muslims to believe, not surprisingly, that we’re at war with Muslims, not just with terrorists.
However, prosecuting terror suspects as ordinary criminals — who, just like suspects in drug gangs and other organized crime often provide valuable information and rat out their criminal colleagues — shows Muslims and others that unlike the terrorists, we do believe in and adhere to the rule of law.
I know this isn’t a new idea, but it’s one that the Obama administration keeps getting attacked for trying to address. At a recent rally in New York against Attorney Eric Holder’s decision to prosecute Khalid Sheikh Mohammed and his suspected Sept. 11 co-conspirators in federal court, for example, anti-Obama protesters denounced the administration’s decision to accord the defendants the rights that come with a federal court trial, all the while vigorously waving the American flag and citing “our freedoms” protected by the U.S. Constitution.
Street protesters riled up by conservatives with a political agenda may be forgiven for forgetting what’s actually in the Constitution or what the flag is supposed to stand for. But The Wall Street Journal — and even Pat Buchanan — surely know better.
43 Comments
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Comment posted December 29, 2009 @ 2:01 pm
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Trackback posted December 29, 2009 @ 2:18 pm
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Pingback posted December 29, 2009 @ 2:30 pm
[...] And, as expected, Right Wing bedwetters are taking to the mediasphere to bewail the fact that America’s court system is evidently now incapable of handling cases that Spanish, British and Indonesian courts have repeatedly handled. Published [...]
Comment posted December 29, 2009 @ 2:46 pm
What many Muslims believe, correctly, is that only SOME of us are at war with radical murderous terrorism. Unfortunately there are people like this author who are at war with the U.S. Muslims know that if they take a stand they will be massacred once the anti-patriots have succeeded fully in destroying this once great nation.
Pingback posted December 29, 2009 @ 3:00 pm
[...] Article: Conservatives Attack Administration for Upholding Constitution – Washington Independent Related Posts:Orly Taitz Smacked Down: Birther Lawsuit DismissedJon Stewart: Conservatives Hate [...]
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[...] the original: Conservatives Attack Administration for Upholding Constitution … By admin | category: federal court | tags: airliner-over, defendants, federal court, [...]
Comment posted December 29, 2009 @ 3:41 pm
In this war of which you speak, the Constitution is pitted against cowardly conservatives, who would have us shred this great document because they are so easily frightened.
Judging from how often your ilk expresses militaristic hostility against our DEMOCRATICALLY elected gov't, it's getting more & more difficult to differentiate them (you?) from the murderous Muslims to which you allude.
Comment posted December 29, 2009 @ 3:55 pm
DAPHNE EVIATAR, the author of this article fails to realize that treating Umar Farouk Abdulmutallab as a civilian criminal rather than an illegal warrior has one
major deficiency. The Constitution was written to protect American citizens not a illegal foreign warrior who wanted to kill 300 Americans flying under the protection of an American flagged Carrier.
Pingback posted December 29, 2009 @ 4:41 pm
[...] post: Conservatives Attack Administration for Upholding Constitution … By admin | category: criminal information | tags: drug-gangs, muslims, often-provide, [...]
Comment posted December 29, 2009 @ 5:08 pm
Wrong.
The Constitution and our venerable legal system have ALWAYS extended certain rights to non-citizens who break the law, or are accused of doing so. Our prisons are full of non-citizens convicted of violent crimes against citizens.
Get a grip.
Comment posted December 29, 2009 @ 5:09 pm
Treating criminals like criminals takes all the drama out of the situation. Treating him like a ten foot tall 3 foot swinging cock of destruction terrorist services conservative racial and emotional needs for fear and submission but does nothing to further the cause of justice, freedom, and democracy.
No one hates us more for our freedoms than American conservatives, who seem to have Bin Laden envy in the worst way.
Pingback posted December 29, 2009 @ 7:11 pm
[...] Conservatives Attack Administration for Upholding Constitution … [...]
Comment posted December 29, 2009 @ 7:40 pm
See the title “Conservatives Attack Administration for Upholding Constitution”..
In your case “Under-educated misguided commentor attacks journalists patriotism and intentions for putting trust back in the Constitution, and not succumbing to reactionary neanderthalian instincts.
Comment posted December 29, 2009 @ 7:58 pm
So all the prisoners of war from every war should be tried by our justice system? If you didn't know we are under attack – what does it take – a bullet between your eyes!
Pingback posted December 30, 2009 @ 1:41 am
[...] reading here: Conservatives Attack Administration for Upholding Constitution … Posted in Administration | Tags: a-civilian-criminal, and-others, are-already, buchanan, [...]
Comment posted December 30, 2009 @ 4:58 am
It's not just terrorists that some members of our country believe in torturing. The U.S. Surveillance policy has set up a torture program for ordinary citizens. It's emphasis is psychological torture. It uses the same category of tactics used on terrorists – isolation, noise, intimidation with dogs, toying with the mind of targets/ doublebinds. If you go to my web site you can read about it. http://www.theintrovertspeaks.com
Comment posted December 30, 2009 @ 9:09 am
Silly dumbocrats. The Constitution applies to CITIZENS of the USA ONLY. Treating non citizens as citizens is NOT upholding the Constitution but making up new rules without following the CONSTITUTION by having Congress pass LAWS first. You never seem to get it.
Comment posted December 30, 2009 @ 1:08 pm
Wake up Chrisjay, Stop name calling and think. You make my point clearly, you say,”Our prisons are full of non-citizens convicted of violent crimes against citizens. Get a grip.” Yes, you say, “get a grip”, grip this — in my state their are 10's of thousands of “non-citizens convicted of violent crimes. It costs billions of Dollars to put them through the state criminal justice system and house them. These dollars would be better spent to Educate or Children, Maintain our crumbling infrastructure, help our Senior Citizens and the poor.
Each time an illegal foreign warrior inters our criminal justice system it drains resources from an overburdened Justice system – meaning it takes many months or years for citizens get justice — justice postponed is Justice denied. BUT, as long as you don't recognize the impact on society – you must think Justice denied to US Citizens its OK!?
Comment posted December 30, 2009 @ 5:15 pm
Let me ask you this,
Is this guy on American soil?
If you answer in the affirmative, then the Constitution is in full effect. Same as GITMO. American soil. Torture (put whatever label you choose, it's still torture) was and is, never a part of what makes us who we are. To conveniently dismiss this is saying you adopt distinctly UN-American values, just as other countries that DO use it.
Your points about the cost are relevant to a certain degree, but how about all the other American convicts we have filling our prisons? They are also a drain. What do you propose to do with them? Execute them all? That's no answer.Why the hurry with prosecution? The guy isn't going anywhere. Just like Obama- you folk expect instant results. That didn't happen with Bush, Clinton, or any other President in recent memory. Think of before the “information age”, things went even SLOWER then. So why must Obama do things at the speed of light all of a sudden?
Even I can see chrisjay's frustration. You need to calm down, and stop listening to hate radio and Fox noise. What they preach is truly UN-American. It really is.
Comment posted December 31, 2009 @ 11:26 am
Great! Another child who can't read, especially the Constitution.
Comment posted December 31, 2009 @ 11:30 am
Only when they commit those acts and are CAUGHT on US soil. Otherwise they have ALWAYS been either properly BY LAW been extradited and/or tried by military tribunal or by the laws of the country their are captured in. These terrorists WERE NOT captured on US territory. AGAIN, OBAMA is not following the Constitution or precedence. Not is he following the Constitution by waiting for Congress to pass LAWS justifiying his actions.
OBAMA is making things up as he goes along entirely at his whim and ignoring the rule of law and the Constitution. Whether or not you agree with what he's doing, the fact is he's NOT following the law (as is typical of him.)
Comment posted December 31, 2009 @ 11:33 am
Even I can see chrisjay's frustration. You need to calm down, and stop listening to hate radio and Fox noise. What they preach is truly UN-American. It really is.
That statement rails against the first amendment and is TRULY UNAMERICAN. IT REALLY IS.
Comment posted December 31, 2009 @ 2:55 pm
You never got what the document actually MEANS, did you? You probably never will, so no point arguing here. Join the birfers and Palin sycophants, they don't know what they're talking about, either.
Comment posted January 1, 2010 @ 10:34 am
It means what it says. As I wrote, you obviously can't read.
Comment posted January 1, 2010 @ 5:24 pm
You are very confused, harryman. Maybe you think you are clever conflating the illegal immigrant issue with the one being discussed, but your analytical thinking here is nil. H
illegals have one set of legal rights. Legal non-citizens have another. Then there are citizens. The rights of these 3 groups intersect at some points, at others they do not.
Don't be juvenile and put words in my mouth regarding the illegal alien issue.
Comment posted January 1, 2010 @ 5:28 pm
lay off the CAPSLOCK—just makes you look like a hysterical ranter—as if your words didn't already
LOL
Comment posted January 1, 2010 @ 7:19 pm
monkey99, You seem to be very judgmental – using words like;
a. Execute them all?
b. Torture (put whatever label you choose, it's still torture)
c. Why the hurry with prosecution?
d. UN-American values
e. You need to calm down.
f. stop listening to hate radio and Fox noise
g. before the “information age”, things went even SLOWER
Not necessarily, many times prosecutions went very fast and there were some
who were executed without due process.
It seems it would do you some good if you started listening and thinking about other points of view. You seem to miss the point — there needs to be an efficient way to deal with foreign -terrorist groups/individuals who try to destroy Citizens of the USA. Do not pigeon hole other citizens with whom you may have political differences — try to open a dialogue with them — we as a Nation must pull together so we may continue to enjoy the freedoms you and I are exercising at this very moment — foreign -terrorist groups are at this very moment are trying to take these freedoms away. Happy New Year!
Comment posted January 1, 2010 @ 7:44 pm
Chrisjay,
a. conflating the illegal immigrant issue
b. your analytical thinking here is nil.
c. Legal non-citizens
d. You have made no intelligent point regarding that fact, just gone off on an irrelevant tangent.
And who's confused!?! Are you the fountain of all knowledge and experience? Don't you think its time you started thinking and listening more instead of falling back an negativity and put downs.
Remember, Illegal immigrants and legal non-citizens are not the
issue, so don't confuse these individuals with illegal foreign warriors who's intent is to mass murder Americans.
Comment posted January 2, 2010 @ 8:24 am
lay off the advice until you learn to read and gain enough wisdom to have any worth giving.
Comment posted January 2, 2010 @ 1:21 pm
a.
b.
c.
d.
I can do this too, but why would I? It doesn't mean anything.
Comment posted January 2, 2010 @ 1:23 pm
If I grow a beard like yours I bet people will just think I'm wise.
'til I open my mouth.
Comment posted January 3, 2010 @ 11:23 am
Gotta be grown up and have some balls and testosterone to grow a beard. Wait a few years and maybe you'll be able to.
Comment posted January 3, 2010 @ 4:23 pm
Gotta be grown up and have some balls and testosterone to grow a beard. Wait a few years and maybe you'll be able to.
All in fun my friend, but hey. You really don't understand what the Constitution says. READ it slowly and carefully PLEASE.
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