Contents: The Sir! No Sir! blog is an information clearing house, drawing on a wide variety of sources, to track the unfolding history of the new GI Movement, and the wars that brought the movement to life.
Where applicable, parallels will be drawn between the new movement and the Vietnam era movement which was the focus of the film Sir! No Sir!
Disclaimer: In accordance with title 17 u.s.c. section 107, this material is distributed without profit for research and educational purposes.
The Sir! No Sir! Blog has no affiliation whatsoever with the originator of this article nor is the Sir! No Sir! Blog endorsed or sponsored by the originator. Links are provided to allow for verification of authenticity.
This article, by Chris Hedges, was posted to Common Dreams.org, November 2, 2009
The warlords we champion in Afghanistan are as venal, as opposed to the rights of women and basic democratic freedoms, and as heavily involved in opium trafficking as the Taliban. The moral lines we draw between us and our adversaries are fictional. The uplifting narratives used to justify the war in Afghanistan are pathetic attempts to redeem acts of senseless brutality. War cannot be waged to instill any virtue, including democracy or the liberation of women. War always empowers those who have a penchant for violence and access to weapons. War turns the moral order upside down and abolishes all discussions of human rights. War banishes the just and the decent to the margins of society. And the weapons of war do not separate the innocent and the damned. An aerial drone is our version of an improvised explosive device. An iron fragmentation bomb is our answer to a suicide bomb. A burst from a belt-fed machine gun causes the same terror and bloodshed among civilians no matter who pulls the trigger.
"We need to tear the mask off of the fundamentalist warlords who after the tragedy of 9/11 replaced the Taliban," Malalai Joya, who was expelled from the Afghan parliament two years ago for denouncing government corruption and the Western occupation, told me during her visit to New York last week. "They used the mask of democracy to take power. They continue this deception. These warlords are mentally the same as the Taliban. The only change is physical. These warlords during the civil war in Afghanistan from 1992 to 1996 killed 65,000 innocent people. They have committed human rights violations, like the Taliban, against women and many others."
"In eight years less than 2,000 Talib have been killed and more than 8,000 innocent civilians has been killed," she went on. "We believe that this is not war on terror. This is war on innocent civilians. Look at the massacres carried out by NATO forces in Afghanistan. Look what they did in May in the Farah province, where more than 150 civilians were killed, most of them women and children. They used white phosphorus and cluster bombs. There were 200 civilians on 9th of September killed in the Kunduz province, again most of them women and children. You can see the Web site of professor Marc Herold, this democratic man, to know better the war crimes in Afghanistan imposed on our people. The United States and NATO eight years ago occupied my country under the banner of woman's rights and democracy. But they have only pushed us from the frying pan into the fire. They put into power men who are photocopies of the Taliban."
Afghanistan's boom in the trade in opium, used to produce heroin, over the past eight years of occupation has funneled hundreds of millions of dollars to the Taliban, al-Qaida, local warlords, criminal gangs, kidnappers, private armies, drug traffickers and many of the senior figures in the government of Hamid Karzai. The New York Times reported that the brother of President Karzai, Ahmed Wali Karzai, has been collecting money from the CIA although he is a major player in the illegal opium business. Afghanistan produces 92 percent of the world's opium in a trade that is worth some $65 billion, the United Nations estimates. This opium feeds some 15 million addicts worldwide and kills around 100,000 people annually. These fatalities should be added to the rolls of war dead.
Antonio Maria Costa, executive director of the United Nations Office on Drugs and Crime (UNODC), said that the drug trade has permitted the Taliban to thrive and expand despite the presence of 100,000 NATO troops.
"The Taliban's direct involvement in the opium trade allows them to fund a war machine that is becoming technologically more complex and increasingly widespread," said Costa.
The UNODC estimates the Taliban earned $90 million to $160 million a year from taxing the production and smuggling of opium and heroin between 2005 and 2009, as much as double the amount it earned annually while it was in power nearly a decade ago. And Costa described the Afghan-Pakistani border as "the world's largest free trade zone in anything and everything that is illicit," an area blighted by drugs, weapons and illegal immigration. The "perfect storm of drugs and terrorism" may be on the move along drug trafficking routes through Central Asia, he warned. Profits made from opium are being pumped into militant groups in Central Asia and "a big part of the region could be engulfed in large-scale terrorism, endangering its massive energy resources," Costa said.
"Afghanistan, after eight years of occupation, has become a world center for drugs," Joya told me. "The drug lords are the only ones with power. How can you expect these people to stop the planting of opium and halt the drug trade? How is it that the Taliban when they were in power destroyed the opium production and a superpower not only cannot destroy the opium production but allows it to increase? And while all this goes on, those who support the war talk to you about women's rights. We do not have human rights now in most provinces. It is as easy to kill a woman in my country as it is to kill a bird. In some big cities like Kabul some women have access to jobs and education, but in most of the country the situation for women is hell. Rape, kidnapping and domestic violence are increasing. These fundamentalists during the so-called free elections made a misogynist law against Shia women in Afghanistan. This law has even been signed by Hamid Karzai. All these crimes are happening under the name of democracy."
Thousands of Afghan civilians have died from insurgent and foreign military violence. And American and NATO forces are responsible for almost half the civilian deaths in Afghanistan. Tens of thousands of Afghan civilians have also died from displacement, starvation, disease, exposure, lack of medical treatment, crime and lawlessness resulting from the war.
Joya argues that Karzai and his rival Abdullah Abdullah, who has withdrawn from the Nov. 7 runoff election, will do nothing to halt the transformation of Afghanistan into a narco-state. She said that NATO, by choosing sides in a battle between two corrupt and brutal opponents, has lost all its legitimacy in the country.
The recent resignation of a high-level U.S. diplomat in Afghanistan, Matthew Hoh, was in part tied to the drug problem. Hoh wrote in his resignation letter that Karzi's government is filled with "glaring corruption and unabashed graft." Karzi, he wrote, is a president "whose confidants and chief advisers comprise drug lords and war crimes villains who mock our own rule of law and counter-narcotics effort."
Joya said, "Where do you think the $36 billion of money poured into country by the international community have gone? This money went into the pockets of the drug lords and the warlords. There are 18 million people in Afghanistan who live on less than $2 a day while these warlords get rich. The Taliban and warlords together contribute to this fascism while the occupation forces are bombing and killing innocent civilians. When we do not have security how can we even talk about human rights or women's rights?"
"This election under the shade of Afghan war-lordism, drug-lordism, corruption and occupation forces has no legitimacy at all," she said. "The result will be like the same donkey but with new saddles. It is not important who is voting. It is important who is counting. And this is our problem. Many of those who go with the Taliban do not support the Taliban, but they are fed up with these warlords and this injustice and they go with the Taliban to take revenge. I do not agree with them, but I understand them. Most of my people are against the Taliban and the warlords, which is why millions did not take part in this tragic drama of an election."
"The U.S. wastes taxpayers' money and the blood of their soldiers by supporting such a mafia corrupt system of Hamid Karzai," said Joya, who changes houses in Kabul frequently because of the numerous death threats made against her. "Eight years is long enough to learn about Karzai and Abdullah. They chained my country to the center of drugs. If Obama was really honest he would support the democratic-minded people of my country. We have a lot [of those people]. But he does not support the democratic-minded people of my country. He is going to start war in Pakistan by attacking in the border area of Pakistan. More civilians have been killed in the Obama period than even during the criminal Bush."
"My people are sandwiched between two powerful enemies," she lamented. "The occupation forces from the sky bomb and kill innocent civilians. On the ground, Taliban and these warlords deliver fascism. As NATO kills more civilians the resistance to the foreign troops increases. If the U.S. government and NATO do not leave voluntarily my people will give to them the same lesson they gave to Russia and to the English who three times tried to occupy Afghanistan. It is easier for us to fight against one enemy rather than two."
Time to replace the Pentagon with the Peace Corps. It accomplishes far more with far less.
This article, by Jeremy Scahill, was published by The Nation, October 22, 2009
On Wednesday, a federal judge rejected a series of arguments by lawyers for the mercenary firm formerly known as Blackwater seeking to dismiss five high-stakes war crimes cases brought by Iraqi victims against both the company and its owner, Erik Prince. At the same time, Judge T.S. Ellis III sent the Iraqis' lawyers back to the legal drawing board to amend and refile their cases, saying that the Iraqi plaintiffs need to provide more specific details on the alleged crimes before a final decision can be made on whether or not the lawsuits will proceed.
"We were very pleased with the ruling," says Susan Burke, the lead attorney for the Iraqis. Burke, who filed the lawsuits in cooperation with the Center for Constitutional Rights, is now preparing to re-file the suits. Blackwater's spokesperson Stacy DeLuke said, "We are confident that [the plaintiffs] will not be able to meet the high standard specified in Judge Ellis's opinion."
Ellis's ruling was not necessarily a response to faulty pleadings by the Iraqis' lawyers but rather appears to be the result of a Supreme Court decision that came down after the Blackwater cases were originally filed. In a 5-4 ruling in May 2009 in Ashcroft v. Iqbal, the court reversed decades of case law and imposed much more stringent standards for plaintiffs' documentation of facts before going to trial. According to Ellis's ruling, which cites Iqbal, the Iraqis must now file complaints that meet these new standards.
Judge Ellis, a Reagan appointee with a mixed record on national security issues, rejected several of the central arguments Blackwater made in its motion to dismiss, namely the company's contention that it cannot be sued by the Iraqis under US law and that the company should not be subjected to potential punitive damages in the cases. The Iraqi victims brought their suits under the Alien Tort Statute, which allows for litigation in US courts for violations of fundamental human rights committed overseas by individuals or corporations with a US presence. Ellis said that Blackwater's argument that it cannot be sued under the ATS is "unavailing," adding that corporations and individuals can both be held responsible for crimes and torts. He said bluntly that "claims alleging direct corporate liability for war crimes" are legitimate under the statute.
Ellis also rejected Blackwater's argument that "conduct constitutes a war crime only if it is perpetrated in furtherance of a 'military objective' rather than for economic or ideological reasons." Ellis said that under Blackwater's logic "it is arguable that nobody who receives a paycheck would ever be liable for war crimes. Moreover, so narrow is the scope of [Blackwater's] standard that it would exclude murders of civilians committed by soldiers where there was no legitimate 'military objective' for committing the murders."
"What is important here is that the judge is saying that violations of war crimes can be committed by private people or corporations," says Michael Ratner, president of the Center for Constitutional Rights. He said Ellis's ruling is "an affirmation of the precedent set by CCR thirty years ago" when it brought the first successful Alien Tort suit in 200 years "that those who engage in violations of fundamental human rights abroad can be held liable in the US." Ellis's ruling, he says, "is sympathetic to the idea that the Blackwater case is an appropriate use of the law."
But Ellis also ruled that the Iraqi plaintiffs failed to provide sufficient specific details linking Blackwater's owner Erik Prince to the alleged murders and other crimes in Iraq. In order for the case to proceed against Prince, Ellis wrote, "the complaints must state facts that would allow a trier of fact plausibly to infer that Prince intentionally killed or inflicted serious bodily harm on innocent civilians during an armed conflict and in the context of and in association with that armed conflict." The plaintiffs, Ellis ruled, "have failed to meet this burden."
In a hearing on August 28, Burke said that she has evidence that Prince ordered or directed the killings of innocent Iraqis and at that time asked Judge Ellis permission to later amend her cases if Ellis ruled that, in light of the Iqbal decision, such information was necessary for the cases to proceed. In his ruling, Ellis granted Burke's request in four of the five cases. In one case, involving the alleged murder of a bodyguard for the Iraqi vice president by a drunken Blackwater operative, Andrew Moonen, on Christmas Eve 2006 inside the Green Zone, Ellis found that there was insufficient evidence to suggest Prince "intentionally killed" the bodyguard or that his "conduct proximately caused the decedent's death."
In the four other cases, which include 18 Iraqi civilians allegedly killed by Blackwater, Ellis ruled that Burke could refile her claim with more details about Prince's alleged involvement and the role of the Blackwater corporation in the killings. Ellis found that the cases "could be amended to add factual allegations that would permit plausible inferences that Prince and Xe [Blackwater] defendants ordered killings of innocent Iraqi civilians...and that defendants' conduct proximately caused the injuries or deaths to plaintiffs."
Ellis rejected Burke's allegation that Blackwater engaged in summary executions, saying that under the law such classification of killings "require[s] state action, and none is alleged here." Blackwater also made an argument that the cases should have been tried in Iraq--or that the Iraqis' lawyers should have exhausted that possibility before filing their cases in US courts. Ellis shot down that argument and pointed out that Blackwater's own lawyers admitted that under the Paul Bremer-era Order 17 in Iraq, Blackwater would have immunity for its crimes under Iraqi law. Ellis also rejected Blackwater's claim that punitive damages are not allowed in these types of cases. As Ellis wrote, Blackwater's lawyers "offer no support" for this argument "in the case law or from recognized international treatises."
One of the central thrusts of the Iraqis' suits against Blackwater is that Erik Prince is the head of an organized crime syndicate as defined by the Racketeer Influenced and Corrupt Organizations Act. RICO is a federal statute permitting private parties to seek redress from criminal enterprises who damage their property. Burke and CCR decided to sue Prince and his companies directly rather than his individual employees because they say Prince "wholly owns and controls this enterprise." They allege that Prince directed murders of Iraqi civilians from Blackwater's headquarters in Virginia and North Carolina. Ellis dismissed the claims that the Iraqis have standing under the RICO Act, but ruled that they can file an amended complaint that "Prince ordered or directed the killings allegedly committed in Iraq from within the United States, and that such conduct proximately caused the damage allegedly suffered by the RICO plaintiffs." In one of the cases, Ellis ruled that the four-year statute of limitations had expired for a RICO claim.
On August 3, lawyers for the Iraqis submitted two sworn declarations from former Blackwater employees alleging that Prince may have murdered or facilitated the murder of individuals who were cooperating with federal authorities investigating the company. One former employee alleged that Prince "views himself as a Christian crusader tasked with eliminating Muslims and the Islamic faith from the globe," and that Prince's companies "encouraged and rewarded the destruction of Iraqi life." What role, if any, these allegations will play in the amended complaints is unclear, but Burke insists she has evidence to back up all of her allegations.
Burke's case is also bolstered by the evidence the US government will present in its criminal case against Blackwater forces. On September 7, federal prosecutors in Washington, DC, submitted papers in the criminal case against five Blackwater operatives for their alleged role in the 2007 Nisour Square shooting in Baghdad that killed seventeen Iraqi civilians and wounded more than twenty others. Burke is representing many of these families in her civil case. Blackwater forces "fired at innocent Iraqis not because they actually believed that they were in imminent danger of serious bodily injury and actually believed that they had no alternative to the use of deadly force, but rather that they fired at innocent Iraqi civilians because of their hostility toward Iraqis and their grave indifference to the harm that their actions would cause," the acting US Attorney in DC, Channing Phillips, alleges in court papers submitted by Kenneth C. Kohl, the lead prosecutor on this case. "[T]he defendants specifically intended to kill or seriously injure the Iraqi civilians that they fired upon at [Nisour] Square." The government also alleges that one Blackwater operative "wanted to kill as many Iraqis as he could as 'payback for 9/11,' and he repeatedly boasted about the number of Iraqis he had shot," while "several of the defendants had harbored a deep hostility toward Iraqi civilians which they demonstrated in words and deeds."
In its motion to dismiss, Blackwater also argued that to allow the company to be sued for alleged crimes in a war zone would violate the rights of the president of the United States under the "political question doctrine" to not have a "second-guessing of the battlefield decisions of the U.S. government." Ellis rejected that outright and noted: "The United States has appeared as an interested party and argues that if defendants committed the alleged conduct, they were not acting as employees of the United States when they did so. Moreover, the government states that its contracts with defendants 'provided for multiple layers of [Xe defendants'] management to oversee the day-to-day operations' of its employees and that the employees were under the direct supervision of Xe defendants' management when the alleged conduct occurred."
Judge Ellis's ruling only relates to the charges that Blackwater and Prince violated federal laws and not to the additional allegations that they also violated state laws. Even if Judge Ellis ultimately rejects all of the federal arguments made by Burke and CCR, which is a big if, the cases can still proceed under "common law," as has happened in other torture and war crimes cases. Ellis has not yet ruled on those charges
This article, by Jason Leopold, was posted toTruthOut, July 18, 2009.
The House Intelligence Committee formally announced Friday that it will probe whether the CIA broke the law by failing to inform Congress about a top secret assassination program reportedly aimed at targeting leaders of al-Qaeda.
Committee Chairman Silvestre Reyes said the probe would be part of a wide-ranging investigation about the way in which the CIA informs Congress about its covert activities and other matters.
Reyes, in announcing the wide-ranging probe Friday, said he had consulted with the panel’s ranking Republican minority leader, Rep. Pete Hoekstra, and other committee members and concluded that an investigation into "possible violations of federal law, including the National Security Act of 1947" were warranted. Under that law, the CIA must keep Congress "fully and currently informed" via classified briefings about its intelligence activities.
"This investigation will focus on the core issue of how the congressional intelligence committees and Congress are kept fully and currently informed," Reyes said. "To this end, the investigation will examine several issues, including the program discussed during Director Panetta's June 24 notification and whether there was any past decision or direction to withhold information from the committee."
Rep. Jan Schakowsky said Friday that her subcommittee would handle some part of the investigation into the CIA's assassination program.
"Why was there such a high-level determination to keep it secret? And how may it have changed over all these years? And why was it immediately ended as soon as the current CIA director learned of it?" she asked, describing the areas of focus for her subcommittee.
Reyes's aides said the investigation will also delve into the use of torture by CIA interrogators and contractors against alleged "high-level" detainees, the agency’s destruction of 92 interrogation videotapes - 12 of which depict acts of torture against two prisoners - and the Bush administration’s domestic surveillance program.
These aides added that the probe will also look into claims made by former CIA official Mary O. McCarthy, who accused senior agency officials of lying to members of Congress during an intelligence briefing in 2005 when they said the agency did not violate treaties that bar, cruel, inhumane or degrading treatment of detainees during interrogations, according to a May 14, 2006, front-page story in The Washington Post.
"A CIA employee of two decades, McCarthy became convinced that 'CIA people had lied' in that briefing, as one of her friends said later, not only because the agency had conducted abusive interrogations but also because its policies authorized treatment that she considered cruel, inhumane or degrading," The Washington Post reported.
On the matter of domestic surveillance, Bob Graham, the committee’s former Democratic chairman, said in 2005 that Vice President Dick Cheney, CIA Director George Tenet and National Intelligence Director Michael Hayden (who later headed the CIA) lied to him about the extent of the Bush administration’s domestic surveillance and never provided him with a full and complete briefing.
In an interview with ABC's "Nightline" on December 15, 2005 – after The New York Times disclosed the existence of the warrantless wiretapping program – Graham said he attended meetings in Vice President Dick Cheney's office in 2001 and discussed surveillance activities. However, he said, neither Cheney nor then-National Security Agency Director Michael Hayden had spoken about a plan to spy on Americans. (CIA Director George Tenet also took part in the meeting.)
"The issue was whether we could intercept foreign communications when they transited through U.S. communication sites," Graham said. "The assumption was that if we did that, we would do it pursuant to the law, the law that regulates the surveillance of national security issues.
"There was no suggestion that we were going to begin eavesdropping on United States citizens without following the full law. There was no reference made to the fact that we were going to use that as the subterfuge to begin unwarranted, illegal — and, I think, unconstitutional — eavesdropping on American citizens."
Graham suggested that Cheney and the intelligence officials had lied to him and other members of congressional intelligence panels.
Cheney and other Bush administration officials, aided by Republican lawmakers, responded to Graham’s comments with a fierce counterattack. In another "Nightline" interview on December 18, 2005, Cheney said that Graham, as well as other members of Congress, knew that the administration intended to spy on the phone calls of some Americans.
"He knew," Cheney said. "I sat in my office with Gen. Hayden, who was then the head of NSA, who's now the deputy director of the National Intelligence Directorate, and he [Graham] was briefed as long as he was chairman of the committee, or ranking member of the committee."
Last week, an unclassified report prepared by inspectors general of five federal agencies said George W. Bush’s surveillance program was far more expansive than his administration had publicly revealed and that much of it was concealed from Congress.
The issue of the CIA’s use of torture and whether the agency fully informed top lawmakers on the Senate and House intelligence committees in 2002 and 2003 about techniques used against "high-level" detainees was called into question a few months back, when House Speaker Nancy Pelosi claimed she was never told that the CIA tortured prisoners at secret "black site" prisons using methods such as waterboarding.
But a CIA document turned over in May to Rep. Hoekstra, the House Intelligence Committee’s ranking minority member, contained the dates and a summary of the briefings given to a select group of congressional leaders, including Pelosi and Graham, about "enhanced interrogation techniques ... employed" against "high-value" detainees.
Republicans seized upon the document, claiming it proved that Democrats were complicit in the Bush administration’s torture program since they did not raise objections to the specific interrogation methods when briefed.
But the briefing document turned over to Hoekstra was rife with errors. Three of the four dates in which the CIA said it had briefed Graham do not match his records.
"When I asked the CIA when was I briefed, they gave me four dates, two in April and two in September of '02," Graham said. "On three of the four occasions, when I consulted my schedule and my notes, it was clear that no briefing had taken place, and the CIA eventually concurred in that. So their record-keeping is a little bit suspect."
One of the disputed dates for a briefing on interrogations – in April 2002 – fell in the same month as one of the supposed briefings on surveillance. In both cases, Graham said no briefings took place.
Moreover, Graham said he was not told about the CIA’s torture techniques, which the agency’s records claim were explained to Graham and Sen. Richard Shelby.
The CIA document also alleged that Pelosi was given a full accounting of the torture program, but Pelosi said in May that the CIA briefers obscured the fact that the agency already had begun subjecting prisoners to waterboarding and other torture techniques.
The CIA also erred in 2006 when a four-page memo from Director of National Intelligence John Negroponte was turned over to Congress. It contained the dates lawmakers were briefed about the surveillance program, beginning shortly after President George W. Bush signed a highly classified executive order that removed some legal restrictions against spying on US citizens.
The memo alleged that Graham – along with Pelosi, then ranking Democrat on the House Intelligence Committee, and their Republican counterparts, Rep. Porter Goss and Sen. Richard Shelby – were briefed on October 25, 2001, November 14, 2001, April 10, 2002 and July 8, 2002. A cover letter accompanying Negroponte’s letter said the briefings took place at the White House.
But Graham, who famously keeps a detailed journal of his daily schedule, said he checked those dates against his own records, which revealed no briefings on Oct. 25, 2001 or April 10, 2002. The memo had claimed Graham was the only lawmaker briefed on April 10, 2002. On July 8, 2002, the document said Graham and Shelby were briefed.
"When I got those dates, I went back to my notebooks and checked and found that on most of the dates there were no meetings held," Graham said in September 2007. "In fact, in several of them, I wasn’t in Washington when the meetings were supposed to have taken place. So I stand by what I said."
Graham said he did attend briefings on the two other dates but he told The Washington Post that "there was no discussion of anything [about spying on Americans' telephone calls] in the meeting with Cheney."
"I came out of the room with the full sense that we were dealing with a change in technology but not policy," Graham said.
Briefing lawmakers last month about a covert CIA assassination program that was recently shut down, CIA Director Panetta said it was Cheney who ordered the agency not to inform Congress about the covert activity for eight years, according to several lawmakers and numerous media reports.
Last week, after attempts to get Panetta to change a statement he made in May in which he said it was not the CIA’s "policy or practice to mislead Congress" failed, Reyes and other Democrats on the intelligence committee publicly released a letter they sent to the CIA director, characterizing his briefing to them.
That letter followed one sent by Reyes to Hoekstra and other top lawmakers on the intelligence panel, which stated that CIA officials "affirmatively lied" to the panel, presumably about the assassination program, and misinformed the committee about on numerous occasions about other intelligence matters.
Republicans, including Hoekstra, said Democrats were trying to cover for Pelosi’s accusations that the CIA lied to her. On Friday, Hoekstra said neither he nor his Republican colleagues would support an investigation into the CIA.
"At no time will the Republicans of this committee agree to or take part in congressional Democrats efforts to tear down the CIA to provide cover for Speaker Pelosi," Hoekstra said in a statement Friday.
However, the committee will also probe accusations, revealed in an agency watchdog report, that the CIA lied to Congress about the shooting down of an airplane over Peru in 2001 carrying American missionaries. Hoekstra was the lawmaker who accused the CIA of lying to Congress about the incident, though he has since distanced himself from the allegations.
This article, by Jack Goldsmith, was psted to e-Arianna, June 01, 2009
The revelation last weekend that the United States is increasingly using foreign intelligence services to capture, interrogate and detain terrorist suspects points up an uncomfortable truth about the war against Islamist terrorists. Demands to raise legal standards for terrorist suspects in one arena often lead to compensating tactics in another arena that leave suspects (and, sometimes, innocent civilians) worse off.
The U.S. rendition program -- which involves capturing suspected terrorists and whisking them to another country, outside judicial process -- began in the 1990s. The government was under pressure to take terrorists off the streets and learn what they knew. But it could not bring them to the United States because U.S. law made it too hard to effectively interrogate and incapacitate them here. So instead it shipped them to Egypt and other places to achieve the same end.
A similar phenomenon has occurred with the U.S. detention of terrorist suspects at Guantanamo Bay. The Gitmo facility was established after the Sept. 11, 2001, attacks because the Bush administration believed it needed to apply a different detention and interrogation regime than would be allowed at home. Over the past eight years, courts have exported U.S. legal standards to the island, and now President Obama has promised to close the detention facility.
But closing Guantanamo or bringing American justice there does not end the problem of terrorist detention. It simply causes the government to address the problem in different ways. A little-noticed consequence of elevating standards at Guantanamo is that the government has sent very few terrorist suspects there in recent years. Instead, it holds more terrorists -- without charge or trial, without habeas rights, and with less public scrutiny -- at Bagram Air Base in Afghanistan. Or it renders them to countries where interrogation and incarceration standards are often even lower.
The cat-and-mouse game does not end there. As detentions at Bagram and traditional renditions have come under increasing legal and political scrutiny, the Bush and Obama administrations have relied more on other tactics. They have secured foreign intelligence services to do all the work -- capture, incarceration and interrogation -- for all but the highest-level detainees. And they have increasingly employed targeted killings, a tactic that eliminates the need to interrogate or incarcerate terrorists but at the cost of killing or maiming suspected terrorists and innocent civilians alike without notice or due process.
There are at least two problems with this general approach to incapacitating terrorists. First, it is not ideal for security. Sometimes it would be more useful for the United States to capture and interrogate a terrorist (if possible) than to kill him with a Predator drone. Often the United States could get better information if it, rather than another country, detained and interrogated a terrorist suspect. Detentions at Guantanamo are more secure than detentions in Bagram or in third countries.
The second problem is that terrorist suspects often end up in less favorable places. Detainees in Bagram have fewer rights than prisoners at Guantanamo, and many in Middle East and South Asian prisons have fewer yet. Likewise, most detainees would rather be in one of these detention facilities than be killed by a Predator drone. We congratulate ourselves when we raise legal standards for detainees, but in many respects all we are really doing is driving the terrorist incapacitation problem out of sight, to a place where terrorist suspects are treated worse.
It is tempting to say that we should end this pattern and raise standards everywhere. Perhaps we should extend habeas corpus globally, eliminate targeted killing and cease cooperating with intelligence services from countries that have poor human rights records. This sentiment, however, is unrealistic. The imperative to stop the terrorists is not going away. The government will find and exploit legal loopholes to ensure it can keep up our defenses.
This approach to detention policy reflects a sharp disjunction between the public's view of the terrorist threat and the government's. After nearly eight years without a follow-up attack, the public (or at least an influential sliver) is growing doubtful about the threat of terrorism and skeptical about using the lower-than-normal standards of wartime justice.
The government, however, sees the terrorist threat every day and is under enormous pressure to keep the country safe. When one of its approaches to terrorist incapacitation becomes too costly legally or politically, it shifts to others that raise fewer legal and political problems. This doesn't increase our safety or help the terrorists. But it does make us feel better about ourselves.