NPR Declares Indefinite Detention Pragmatic
Primary tabs
This morning NPR features "an exclusive first look at a legal proposal....a detailed plan for holding terrorism suspects without trial, and it comes from two experts outside of the government." Inspite of the two "experts" mentioned by David Greene, Ari Shapiro only interviews one of them, Benjamin Wittes of the Brookings Institution.
According to Shapiro "Wittes occupies a relatively unique position in national security. He has studied and written books on pragmatic approaches to fighting terrorism." [Actually he has written only one book on terrorism - Law and the Long War.]
I don't have any problem with NPR interviewing Wittes. Unfortunately, he is an important fish in circles of state power in Washington, DC, though - not surprisingly - his ideas are not particularly fresh or inspiring, and he heartily supports for projections of US military and foreign policy hegemony. Consider the Publisher's Weekly and Booklist reviews of his book:
- PW: "Both a defense and critique of the Bush administration, the book argues in favor of many of the measures taken by the executive branch while condemning its failure to secure congressional cooperation and the necessary legal architecture to back policies that were bound to be unpopular."
- Booklist: "Wittes remains highly sympathetic to the administration’s aims, giving them the benefit of the doubt on matters that other critics of the administration have not. Ultimately, his hope is that innovative legal structures will be forthcoming and seen as legitimate in a way that current efforts are not."
As Wittes himself states in an article on the seventh anniversary of the 9/11 attacks, "we have no choice but to continue the war on terror in some form."
My problem with NPR's coverage of Wittes is that it is an endorsement of Wittes' viewpoint. In spite of his utter lack of credentials in the area of human rights, international, or Constitutional law and his rather conventional apologist approach to torture, he is a "expert" with "pragmatic approaches." As Glenn Greewald notes, Wittes can't even get the most basic Constitutional points correct when he argues for "legal" dictatorial powers for the President.
And what is the thinking behind Wittes' expert, pragmatic approaches? Consider this excerpt of the report:
(Shapiro) "So why push for indefinite detention at all? Well, Wittes says we already have it. People have been at Guantanamo for years. There are thousands more in Afghanistan...." (Wittes) "And so there's no question that we're detaining people outside of the criminal justice system. The question is what the rules are for those detentions and who makes those rules."
Look closely at the logic of this.
So why push to codify and legalize practice __________?
Because __________ is already being done!
All you have to do is put any debased government abuse of power in the blank - torture, rape, murder, rendition, illegal surveillance, etc. to see where this can lead. In Wittes' world (and NPR's by extension) the problem is not with the practice itself and a craven and complicit Congress that refuses its constitutional role of holding the executive office perpetrators accountable. Instead, the problem is that Congress has been slow to enact legislation to codify the practices. And according to Wittes, this reluctance to legislate away basic Constitutional values - and this is where he becomes a hero of the Weekly Standard security state devotees - opens up the possibilty of serious judicial oversight -OMG!
As Grumpy Demo points out on his blog - this is the kind of logic would please anyone who is hoping that our three branches of government would get "pragmatic" and realize that what we really need in the "war on terror" is a Unitary Benevolent Authoritarian Strong Man in the mold of Pinochet, Peron, or Castro.

- Mytwords's blog


- Log in or register to post comments
Comments
Brookings
Are there any blogs devoted to the problem with Brookings? It has played a big role in the lead up to the Iraq war and now seems to be on the side of human rights violations, so they could use some sustained scrutiny. Are there any blogs doing that?
The almighty Executive Order
WaPo is now reporting that Obama is drafting an executive order that would give the president the power to imprison people he doesn't like (because they might be terrorists, of course) just because he thinks they might, at some point in time, hurt America. Yep, preventive detention coming soon.
According to the article Obama fears that any attempt to get this plan through Congress as an actual law, would be too contentious and could splinter the Democratic Party. Well, we certainly wouldn't want any kind of long, thorough public debate on this, would we? And making elected officials go on record with a vote? Oh my no.
So, no executive action on DADT or DOMA, but "lock 'em up and throw away the key"? You betcha.
I knew before reading this was going to cause massive agita--
and it has.
CaseyOR just adds the extra burn for a totally awful experience.
(Thnx for the info, Casey.)
But Obama is the greatest president evah
His election, in and of itself changed America.
I'm not racist enough to see how his race could be viewed as a signal to folks in other nations. But I'm with Reza Azlan on this one (he had an op-ed in the WaPo last year, look it up!) For real change in the perception of the US, we need policy changes. How's that coming? Exactly.
Right -- the pony's late, so it'll never show up
and we can go right on saying "see we told you so, what fools you were to believe, we were right and you were wrong, nyah nyah nyah nyah" -- and meanwhile, we're so busy doing that we forget that there are other things we MUST do in order to bring about those changes in policy. It's so much more fun to go, 'nyay nyah nyah nyah' in our self-righteous glory, isn't it?
He's not afraid to act, demonstrably, in decisive ways. Of course, the pirates were just poor kids, right, who hadn't done anything wrong, a bunch of teenagers taking hostages for fun and profit. Cory Cramer goes on:
That's a change.
Reuters reports a shakeup in the staffing lineup between the State Department and the National Security Council. Doesn't look to me like Dennis Ross's voice will keep getting drowned out; the approach the Clinton Administration took, with Ross on point, may be getting a broader theatre.
That's a change.
So's the approach to Somalia.
Changes the world sees. Is Iran the test Joe Biden predicted? (Joe Biden's not the idiot the media wants you to think he is, by the bye.) Ahmadinejad's pissed off at Obama. My way of thinking, that's all to the good. People who are pissed off don't think straight, and often their native cunning and canniness deserts them in the heat of all that adrenaline.
The Independent sums it up nicely, though: Obama sees that the US cannot bend the world to its will. How much less like Bush can one be?
Yea, verily, the process of change is slow and will be frustrating. But it's already in motion.
Big picture
Still in Iraq; escalating Afghanistan. And more Dennis Ross? Sounds like continuity, to me, possibly with a change in town.
Sideshows like Somalia? Wev.
UPDATE I have to admit I don't follow foreign policy all that much. Since the empire is so wrong, I don't see a reason to look at the detail. On finance, and health care, which I do follow... I follow them because they're important. Not my fault Obama sucks on both.
NOTE As far as Nyaah, Nyaah... Well, gosh. Arguments are right, or not -- or possibly not yet determined. If people make good arguments against social pressure to conform, I've got no difficulty with letting them claim they were right, and why would anybody? So, if they're right, why not praise them? And if they're wrong, why not explain that? If we can't learn from history, then how do we act correctly in the future?
I consider Ross to have been one of the great impediments to
any resolution of the Palestinian/Israeli problems. I just hope he does no harm.
Pat Lang asked his commenters if they thought Ross was happy with his new job at NSA: Most thought Ross was not happy to be there, but a few did think he was. Eh.
I liked the idea of Jones giving him a big Marine bear hug.
It was an interesting thread. Laura Rozen thinks it is not a good move for Ross, that the Ross appointment was for internal US political consumptions.
It does seem to be a bit of a Russian dolls play--there are dolls within dolls within dolls...who knows what Obama actually has in mind?
Leah gave me a book on the Clinton I/P negotiations
and it was just horriffic. Nobody came out of it looking good, including Clinton.
I don't think there's any way that the Palestinians could regard Ross as an honest broker, if that's a requirement for a successful negotiation (it may not be).
There are indeed some things Obama has done well, may he do
many such more as well.
You've highlighted some of them, and it's good to see them accounted for.
As for Pakistan, I fear blowback. Bad blowback.
As for Somalia, I just don't know enough to evaluate.
Do you want fries
with that gallon of kool-aide you chugged?
Preventive detention is not
change I can believe in, or support, or defend. Regardless of the wonders this or any president may be performing in other arenas.
I'm just not comfortable with stroke-of-the-pen decisions that amount to "trust us - we're only going to hold the non-American terrorist-types," and I don't understand why any American who values his or her freedom would be.
BTD at TalkLeft seems to think "preventive detention" can be
done "well" and in accord with the Constitution and Geneva Conventions.
He hasn't persuaded me, but there's plenty of room for more comments. (Still cuts off at 200 or so, right?)
BTD's entitled to his opinion, of course,
but aside from the fact that such a thing really flies in the face of some pretty basic principles, the reality that whether it "works" or not would be dependent on the whole thing being done "right" or done "well," and once established, would be subject to the vagaries of whoever happened to be in power ought to render it a non-starter. We heard the same kinds of assurances about FISA and the Military Commissions Act and the Patriot Act, and it has yet to be made clear to me that whatever so-called protections were built in to them have actually been observed and followed - so why would we want to believe those in power now are any more capable of following the laws, and if it's done by executive order, it's all subject to change by the same mechanism.
It's just too short a leap from preventive detention of the scary brown people to the preventive detention of anyone deemed to be some kind of threat. Why get even a little bit closer to that possibility?
And I am now more convinced than ever that Obama's nomination of Dawn Johnsen was a sop to the liberals, he never believed she would be confirmed and he hasn't fought for the confirmation because with her at OLC it's quite likely she would be putting the kibosh on these kinds of executive orders.
[And yes, I think comments still close there at 200.]