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jpgray

(27,831 posts)
Thu Mar 15, 2012, 10:22 PM Mar 2012

Questions for supporters of expanded executive power in the war on terror

In the spirit of better understanding you, I'll just ask the following questions:

1. Are practices such as drone strikes, extraordinary rendition, warrantless wiretapping, suspension of habeas corpus and assassination without due process necessary to responsibly prosecute the war on terror?

2. If you approve of Obama's use of the above measures, did you approve (or would you have approved) of Bush's use of them?

3. Are these emergency powers right and defensible only under the present circumstances? Or is it difficult for you to imagine circumstances in which they wouldn't be justified?

4. At what point may these powers be laid down? When is the conflict ended and their use unnecessary? To put it another way, when will it seem politically useful to officeholders that they declare the crisis over, that such practices are no longer needed?

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Questions for supporters of expanded executive power in the war on terror (Original Post) jpgray Mar 2012 OP
K&R woo me with science Mar 2012 #1
There is no sane way to support any of it, not in a democracy, they know their answers will sound Dragonfli Mar 2012 #2
Kick. woo me with science Mar 2012 #3
Don't expect cogent answers gratuitous Mar 2012 #4
This message was self-deleted by its author seaglass Mar 2012 #5
What ProSense Mar 2012 #6
What a pantload. nt woo me with science Mar 2012 #8
Evidently ProSense Mar 2012 #9
Because there isn't one quaker bill Mar 2012 #13
rec. KG Mar 2012 #7
knr SammyWinstonJack Mar 2012 #10
There seems to be a tremendous double-standard, which your OP is prodding towards uncovering. Nuclear Unicorn Mar 2012 #11
Thanks for the response jpgray Mar 2012 #14
heh. never fails. KG Mar 2012 #12
Kick. nt woo me with science Mar 2012 #15

Dragonfli

(10,622 posts)
2. There is no sane way to support any of it, not in a democracy, they know their answers will sound
Fri Mar 16, 2012, 07:16 AM
Mar 2012

like what they are and they will no longer be able to pretend to be actual Democrats.

After all, all the arguments have already been made by Cheney and co. and there is no way to make those idiotic arguments without parroting them. They can not answer you because they would only reveal what they truly are, they know this as well you see.

gratuitous

(82,849 posts)
4. Don't expect cogent answers
Fri Mar 16, 2012, 09:04 AM
Mar 2012

Do expect to hear wild scenarios (Nazi frogmen may figure in) and non sequitur comparisons to police shoot-outs and fleeing felons. You're talking to people who have greater faith in the High Church of Redemptive Violence than they have in the Constitution.

Response to jpgray (Original post)

ProSense

(116,464 posts)
6. What
Fri Mar 16, 2012, 09:18 AM
Mar 2012
In the spirit of better understanding you, I'll just ask the following questions:

1. Are practices such as drone strikes, extraordinary rendition, warrantless wiretapping, suspension of habeas corpus and assassination without due process necessary to responsibly prosecute the war on terror?

2. If you approve of Obama's use of the above measures, did you approve (or would you have approved) of Bush's use of them?

3. Are these emergency powers right and defensible only under the present circumstances? Or is it difficult for you to imagine circumstances in which they wouldn't be justified?

4. At what point may these powers be laid down? When is the conflict ended and their use unnecessary? To put it another way, when will it seem politically useful to officeholders that they declare the crisis over, that such practices are no longer needed?

...a condescending post. First of all, stop building straw men and conflating issues.

You have no evidence to support the claim that the administration is engaged in "extraordinary rendition, warrantless wiretapping, suspension of habeas corpus."

  • No reports of extraordinary rendition to torture or other cruelty under his administration.
http://www.aclulibertywatch.org/ALWCandidateReportCard.pdf


Human Rights Watch, 2003:

<...>

The line between war and law enforcement gained importance as the U.S. government extended its military efforts against terrorism outside of Afghanistan and Pakistan. In November, the U.S. Central Intelligence Agency used a missile to kill Qaid Salim Sinan al-Harethi, an alleged senior al-Qaeda official, and five companions as they were driving in a remote and lawless area of Yemen controlled by tribal chiefs. Washington accused al-Harethi of masterminding the October 2000 bombing of the U.S.S. Cole which had killed seventeen sailors. Based on the limited information available, Human Rights Watch did not criticize the attack on al-Harethi as an extra-judicial execution because his alleged al-Qaeda role arguably made him a combatant, the government apparently lacked control over the area in question, and there evidently was no reasonable law enforcement alternative. Indeed, eighteen Yemeni soldiers had reportedly been killed in a prior attempt to arrest al-Harethi. However, the U.S. government made no public effort to justify this use of its war powers or to articulate the legal limits to such powers. It is Human Rights Watch's position that even someone who might be classified as an enemy combatant should not be subject to military attack when reasonable law enforcement means are available. The failure to respect this principle would risk creating a huge loophole in due process protections worldwide. It would leave everyone open to being summarily killed anyplace in the world upon the unilateral determination by the United States (or, as the approach is inevitably emulated, by any other government) that he or she is an enemy combatant.

- more -

http://www.hrw.org/legacy/wr2k3/introduction.html


Here's what Holder said:

Mr. Holder, in a speech on Monday at Northwestern University, said government has the authority to kill a "U.S. citizen terrorist who presents an imminent threat of violent attack" and cannot be captured. The added fact that the administration has yet to make public its legal argument to justify this position adds insult to injury in terms of accountability to Americans.

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=428457

His position is in line with the situation described by Human Rights Watch in 2003. Stop trying to claim that this applies to anyone who isn't a terrorist.

I had no problem with HRW's assessment at the time, and I still don't. Trying to portray this as supporting it just because it's Obama and not Bush is red-herring nonsense.

If you can't make your point without it, you have no point.







Nuclear Unicorn

(19,497 posts)
11. There seems to be a tremendous double-standard, which your OP is prodding towards uncovering.
Fri Mar 16, 2012, 09:33 AM
Mar 2012

I will *try* to be as "non-partisan" as possible while hashing out many of the issues that have arisen over the years.

1. This probably needs to be broken out.

Drone strikes -- these seem "unfair" but as my husabnd terms them: they're an ambush, just like a squad of infantry hiding in the bushes, only this time it's from 20,000 feet. Granted, these strikes seem to inflict an undue amount of collateral damage. This is the hard part for me. Non-combatants should be spared as often as possible but those who have openly declared themselves combatants took it upon themselves to take-up residence amongst the civilians. In WW2 FDR had no compunction about firebombing German and Japanese cities, even when the strategy involved timing strikes to coincide with weather conditions that would maximize the devastation and loss of life. Consider also Sherman's March to the Sea during the Civil War. "War is hell," as he said. If we condemn Obama then FDR is a thousand times the war criminal and the South held the moral high ground. Otherwise we admit the president is working to minimize civilian casualties.

Warrantless Wiretapping -- it is my understanding that the wiretaps are not indefinite but are subjecct to judicial review after a specified time. If this is the case then perhaps the issue needs clarification, i.e. "how much time is too much time before judicial review?" or "is there a blanket prohibition or is the an exception for urgency?" If there is no JR then laws should move forward.

Habeas Corpus -- if I'm not mistaken there is a clause in the constitution that allows HC to be suspended. The question, both now and always is: do the circumstances of the moment warrant such suspension? The answer, I think, is: if the people believe it to be so. Those debates are carried-out through our elected representatives. If the Democrats also agree either we trust them or else we find new Democrats to represent us or we're just being hypocrites.

Assassination without Due Process -- I assume this is in regard to US citizens and on that assumption this is the one I find most disturbing. After the bin Laden raid at a compound deep inside hostile territory within a mile of the host nation's premier military academy I wonder what the excuse if for not capturing al Awlaki. As much benefit of the doubt as I'm willing to grant in my above responses I find this one far too prone to abuse and impossible to relieve if an error occurs. I can find no excuse for it. I cannot bring myself to a place to condone it.

2. That's the crux then, isn't it? To say, "It's OK if Obama does it but not Bush because I trust Obama's moral character" misses the point as to why we have a Bill of Rights. The BoR wasn't written because we trust every other president to hold the office.

3 and 4. When people are trying to kill Americans the government is obligated to stop those persons. Period. Those attempting the killing will no doubt exercise every opportunity to elude detection and capture. Currently the people attempting to kill Americans do not answer to and state government. There is no capital to march on. There is no emperor to exact terms of surrender. This actually makes terrorists out laws WRT historically recognized laws of war. This is not the first time history has seen these sorts of attacks and international law treats them as they do pirates.

If the president were to concede that the enemy has no uniform, conceals their weapons and is not bound by any national command authority he must either fight them with whatever resources he has available (within already defined limits) or he must allow them to do whatever they wish -- which is kill innocent people until we give away our right to have our own government.

Let the savagery begin.

jpgray

(27,831 posts)
14. Thanks for the response
Sat Mar 17, 2012, 12:04 AM
Mar 2012

1. The difficulty with the drone strikes isn't so much that what is striking is a drone, it's where they are striking. There is something unusual about civilian CIA pilots firing missiles into civilian homes, especially when these homes are, in the case of Pakistan and Yemen, not only located in nations with whom we are not at war, but located in countries who are our ostensible allies. My question wasn't whether a missile from a drone is particularly worse as a missile, but whether this drone campaign, carried out as it is now, is necessary. Is it?

a. The judicial review you rely upon is hard to practically envision. What volume of surveillance do you suppose is undertaken at the present time? How many thousands of ears and eyes would it take to review a program undertaken on such a vast scale? When will the public ever have the need to know to conduct its own review, or is that not warranted, so to speak? Again, is this necessary?

b. Again, the question is whether suspension of habeas corpus is necessary, not whether it might be rationalized to conform with the Constitution, since clearly it has been. What do you think of Jose Padilla's three and a half years of imprisonment and ill treatment without the slightest substantive charge? Consistent with the writ? This suspension has been done in the past - do you think past instances have been particularly salutary examples of justice in our history? When we hoover up people and hold them indefinitely, with limited to no access to lawyers, with no evidence, allowing no reasonable opportunity of challenging the justice of their detention, why bother to have a justification? A chance, a hunch, that they should be held is enough. If you're in the wrong place in a sweep, that will be enough. If there is innuendo to the effect that you sympathize with terrorists, that is enough. Should it be? Is that necessary?

More than this, there are some rights over which the majority are quite rightly not permitted to tyrannize. You speak of the decisions of the legislature as though it were some justification, but there is nothing about majority vote that absolves injustice or overrules inalienable rights - Prop 8 is a recent example.

c. Assassination of US citizens, yes.

2. No argument here.

3 and 4. The government is not obligated to protect us by an means necessary. The protection of our society depends far more on limiting the means employed by the government in detention, war, and political killings. The choice isn't between expanded executive powers or allowing terrorists to wreak havoc at will. There is nothing necessary about holding twenty-two children in Guantanamo without charges. Bear in mind 9/11 was eleven years ago. Is there an expiration on the threat, or does it remain so long as some people somewhere want to harm Americans? Does it expire after some period in which there is no attack? Or does the lack of an attack simply prove current measures are effective and necessary?

That argument to me resembles the one that a certain pen keeps tigers away. The evidence is that no tigers have been found anywhere near the pen. There must be something in evidence beyond the simple lack of an event to prove that some practice is responsible for the lack.

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