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Congressman Ron Paul, House of Representatives,
November 29, 2001.
Mr. Speaker:
We have been told on numerous occasions to expect a long and protracted
war. This is not necessary if one can identify the target- the enemy- and
then stay focused on that target. It's impossible to keep one's eye on a
target and hit it if one does not precisely understand it and identify
it. In pursuing any military undertaking, it's the responsibility of
Congress to know exactly why it appropriates the funding. Today, unlike
any time in our history, the enemy and its location remain vague and
pervasive. In the undeclared wars of Vietnam and Korea, the enemy was
known and clearly defined, even though our policies were confused and
contradictory. Today our policies relating to the growth of terrorism are
also confused and contradictory; however, the precise enemy and its
location are not known by anyone. Until the enemy is defined and
understood, it cannot be accurately targeted or vanquished.
The terrorist enemy is no more an entity than the "mob"or some
international criminal gang. It certainly is not a country, nor is it the
Afghan people. The Taliban is obviously a strong sympathizer with bin
Laden and his henchmen, but how much more so than the government of Saudi
Arabia or even Pakistan? Probably not much.
Ulterior motives have always played a part in the foreign policy of
almost every nation throughout history. Economic gain and geographic
expansion, or even just the desires for more political power, too often
drive the militarism of all nations. Unfortunately, in recent years, we
have not been exempt. If expansionism, economic interests, desire for
hegemony, and influential allies affect our policies and they, in turn,
incite mob attacks against us, they obviously cannot be ignored. The
target will be illusive and ever enlarging, rather than vanquished.
We do know a lot about the terrorists who spilled the blood of nearly
4,000 innocent civilians. There were 19 of them, 15 from Saudi Arabia,
and they have paid a high price. They're all dead. So those most
responsible for the attack have been permanently taken care of. If one
encounters a single suicide bomber who takes his own life along with
others without the help of anyone else, no further punishment is
possible. The only question that can be raised under that circumstance is
why did it happen and how can we change the conditions that drove an
individual to perform such a heinous act.
The terrorist attacks on New York and Washington are not quite so simple,
but they are similar. These attacks required funding, planning and
inspiration from others. But the total number of people directly involved
had to be relatively small in order to have kept the plans thoroughly
concealed. Twenty accomplices, or even a hundred could have done it. But
there's no way thousands of people knew and participated in the planning
and carrying out of this attack. Moral support expressed by those who
find our policies offensive is a different matter and difficult to
discover. Those who enjoyed seeing the U.S. hit are too numerous to count
and impossible to identify. To target and wage war against all of them is
like declaring war against an idea or sin.
The predominant nationality of the terrorists was Saudi Arabian. Yet for
political and economic reasons, even with the lack of cooperation from
the Saudi government, we have ignored that country in placing blame. The
Afghan people did nothing to deserve another war. The Taliban, of course,
is closely tied to bin Laden and al-Qaeda, but so are the Pakistanis and
the Saudis. Even the United States was a supporter of the Taliban's rise
to power, and as recently as August of 2001, we talked oil pipeline
politics with them.
The recent French publication of <italic>bin Laden, The Forbidden
Truth</italic> revealed our most recent effort to secure control
over
Caspian Sea oil in collaboration with the Taliban. According to the two
authors, the economic conditions demanded by the U.S. were turned down
and led to U.S. military threats against the Taliban.
It has been known for years that Unocal, a U.S. company, has been anxious
to build a pipeline through northern Afghanistan, but it has not been
possible due to the weak Afghan central government. We should not be
surprised now that many contend that the plan for the UN to "nation
build" in Afghanistan is a logical and important consequence of this
desire. The crisis has merely given those interested in this project an
excuse to replace the government of Afghanistan. Since we don't even know
if bin Laden is in Afghanistan, and since other countries are equally
supportive of him, our concentration on this Taliban "target"
remains
suspect by many.
Former FBI Deputy Director John O'Neill resigned in July over duplicitous
dealings with the Taliban and our oil interests. O'Neill then took a job
as head of the World Trade Center security and ironically was killed in
the 9-11 attack. The charges made by these authors in their recent
publication deserve close scrutiny and congressional oversight
investigation- and not just for the historical record.
To understand world sentiment on this subject, one might note a comment
in <italic>The Hindu,</italic> India's national newspaper- not
necessarily to agree with the paper's sentiment, but to help us better
understand what is being thought about us around the world in contrast to
the spin put on the war by our five major TV news networks.
This quote comes from an article written by Sitaram Yechury on October
13, 2001:
The world today is being asked to side with the U.S. in a fight against
global terrorism. This is only a cover. The world is being asked today,
in reality, to side with the U.S. as it seeks to strengthen its economic
hegemony. This is neither acceptable nor will it be allowed. We must
forge together to state that we are neither with the terrorists nor with
the United States.
The need to define our target is ever so necessary if we're going to
avoid letting this war get out of control.
It's important to note that in the same article, the author quoted
Michael Klare, an expert on Caspian Sea oil reserves, from an interview
on Radio Free Europe: "We (the U.S.) view oil as a security
consideration
and we have to protect it by any means necessary, regardless of other
considerations, other values." This, of course, was a clearly stated
position of our administration in 1990 as our country was being prepared
to fight the Persian Gulf War. Saddam Hussein and his weapons of mass
destruction only became the issue later on.
For various reasons, the enemy with whom we're now at war remains vague
and illusive. Those who commit violent terrorist acts should be targeted
with a rifle or hemlock- not with vague declarations, with some claiming
we must root out terrorism in as many as 60 countries. If we're not
precise in identifying our enemy, it's sure going to be hard to keep our
eye on the target. Without this identification, the war will spread and
be needlessly prolonged.
Why is this definition so crucial? Because without it, the special
interests and the ill-advised will clamor for all kinds of expansive
militarism. Planning to expand and fight a never-ending war in 60
countries against worldwide terrorist conflicts with the notion that, at
most, only a few hundred ever knew of the plans to attack the World Trade
Center and the Pentagon. The pervasive and indefinable enemy- terrorism-
cannot be conquered with weapons and UN nation building- only a more
sensible pro-American foreign policy will accomplish this. This must
occur if we are to avoid a cataclysmic expansion of the current
hostilities.
It was said that our efforts were to be directed toward the terrorists
responsible for the attacks, and overthrowing and instituting new
governments were not to be part of the agenda. Already we have clearly
taken our eyes off that target and diverted it toward building a
pro-Western, UN-sanctioned government in Afghanistan. But if bin Laden
can hit us in New York and DC, what should one expect to happen once the
US/UN establishes a new government in Afghanistan with occupying troops.
It seems that would be an easy target for the likes of al Qaeda.
Since we don't know in which cave or even in which country bin Laden is
hiding, we hear the clamor of many for us to overthrow our next villain-
Saddam Hussein- guilty or not. On the short list of countries to be
attacked are North Korea, Libya, Syria, Iran, and the Sudan, just for
starters. But this jingoistic talk is foolhardy and dangerous. The war
against terrorism cannot be won in this manner.
The drumbeat for attacking Baghdad grows louder every day, with Paul
Wolfowitz, Bill Kristol, Richard Perle, and Bill Bennett leading the
charge. In a recent interview, U.S. Deputy Defense Secretary Paul
Wolfowitz, made it clear: "We are going to continue pursuing the
entire
al Qaeda network which is in 60 countries, not just Afghanistan."
Fortunately, President Bush and Colin Powell so far have resisted the
pressure to expand the war into other countries. Let us hope and pray
that they do not yield to the clamor of the special interests that want
us to take on Iraq.
The argument that we need to do so because Hussein is producing weapons
of mass destruction is the reddest of all herrings. I sincerely doubt
that he has developed significant weapons of mass destruction. However,
if that is the argument, we should plan to attack all those countries
that have similar weapons or plans to build them- countries like China,
North Korea, Israel, Pakistan, and India. Iraq has been uncooperative
with the UN World Order and remains independent of western control of its
oil reserves, unlike Saudi Arabia and Kuwait. This is why she has been
bombed steadily for 11 years by the U.S. and Britain. My guess is that in
the not-too-distant future, so-called proof will be provided that Saddam
Hussein was somehow partially responsible for the attack in the United
States, and it will be irresistible then for the U.S. to retaliate
against him. This will greatly and dangerously expand the war and provoke
even greater hatred toward the United States, and it's all so
unnecessary.
It's just so hard for many Americans to understand how we inadvertently
provoke the Arab/Muslim people, and I'm not talking about the likes of
bin Laden and his al Qaeda gang. I'm talking about the Arab/Muslim
masses.
In 1996, after five years of sanctions against Iraq and persistent
bombings, CBS reporter Lesley Stahl asked our Ambassador to the United
Nations, Madeline Albright, a simple question: "We have heard that a
half
million children have died (as a consequence of our policy against Iraq).
Is the price worth it?" Albright's response was "We think the
price is
worth it." Although this interview won an Emmy award, it was rarely
shown
in the U.S. but widely circulated in the Middle East. Some still wonder
why America is despised in this region of the world!
Former President George W. Bush has been criticized for not marching on
to Baghdad at the end of the Persian Gulf War. He gave then, and stands
by his explanation today, a superb answer of why it was ill-advised to
attempt to remove Saddam Hussein from power- there were strategic and
tactical, as well as humanitarian, arguments against it. But the
important and clinching argument against annihilating Baghdad was
political. The coalition, in no uncertain terms, let it be known they
wanted no part of it. Besides, the UN only authorized the removal of
Saddam Hussein from Kuwait. The UN has never sanctioned the continued
U.S. and British bombing of Iraq- a source of much hatred directed toward
the United States.
But placing of U.S. troops on what is seen as Muslim holy land in Saudi
Arabia seems to have done exactly what the former President was trying to
avoid- the breakup of the coalition. The coalition has hung together by a
thread, but internal dissention among the secular and religious
Arab/Muslim nations within individual countries has intensified. Even
today, the current crisis threatens the overthrow of every puppet
pro-western Arab leader from Egypt to Saudi Arabia and Kuwait.
Many of the same advisors from the first Bush presidency are now urging
the current President to finish off Hussein. However, every reason given
11 years ago for not leveling Baghdad still holds true today- if not more
so.
It has been argued that we needed to maintain a presence in Saudi Arabia
after the Persian Gulf War to protect the Saudi government from Iraqi
attack. Others argued that it was only a cynical excuse to justify
keeping troops to protect what our officials declared were "our"
oil
supplies. Some have even suggested that our expanded presence in Saudi
Arabia was prompted by a need to keep King Fahd in power and to thwart
any effort by Saudi fundamentalists to overthrow his regime.
Expanding the war by taking on Iraq at this time may well please some
allies, but it will lead to unbelievable chaos in the region and
throughout the world. It will incite even more anti-American sentiment
and expose us to even greater dangers. It could prove to be an
unmitigated disaster. Iran and Russia will not be pleased with this
move.
It is not our job to remove Saddam Hussein- that is the job of the Iraqi
people. It is not our job to remove the Taliban- that is the business of
the Afghan people. It is not our job to insist that the next government
in Afghanistan include women, no matter how good an idea it is. If this
really is an issue, why don't we insist that our friends in Saudi Arabia
and Kuwait do the same thing, as well as impose our will on them? Talk
about hypocrisy! The mere thought that we fight wars for affirmative
action in a country 6,000 miles from home, with no cultural similarities,
should insult us all. Of course it does distract us from the issue of an
oil pipeline through northern Afghanistan. We need to keep our eye on the
target and not be so easily distracted.
Assume for a minute that bin Laden is not in Afghanistan. Would any of
our military efforts in that region be justified? Since none of it would
be related to American security, it would be difficult to justify.
Assume for a minute that bin Laden is as ill as I believe he is with
serious renal disease, would he not do everything conceivable for his
cause by provoking us into expanding the war and alienating as many
Muslims as possible?
Remember, to bin Laden, martyrdom is a noble calling, and he just may be
more powerful in death than he is in life. An American invasion of Iraq
would please bin Laden, because it would rally his troops against any
moderate Arab leader who appears to be supporting the United States. It
would prove his point that America is up to no good, that oil and Arab
infidels are the source of all the Muslims' problems.
We have recently been reminded of Admiral Yamamoto's quote after the
bombing of Pearl Harbor in expressing his fear that the event
"Awakened a
sleeping giant." Most everyone agrees with the prophetic wisdom of
that
comment. But I question the accuracy of drawing an analogy between the
Pearl Harbor event and the World Trade Center attack. We are hardly the
same nation we were in 1941. Today, we're anything but a sleeping giant.
There's no contest for our status as the world's only economic, political
and military super power. A "sleeping giant" would not have
troops in 141
countries throughout the world and be engaged in every conceivable
conflict with 250,000 troops stationed abroad.
The fear I have is that our policies, along with those of Britain, the
UN, and NATO since World War II, inspired and have now awakened a
long-forgotten sleeping giant- Islamic fundamentalism.
Let's hope for all our sakes that Iraq is not made the target in this
complex war.
The President, in the 2000 presidential campaign, argued against nation
building, and he was right to do so. He also said, "If we're an
arrogant
nation, they'll resent us." He wisely argued for humility and a
policy
that promotes peace. Attacking Baghdad or declaring war against Saddam
Hussein, or even continuing the illegal bombing of Iraq, is hardly a
policy of humility designed to promote peace.
As we continue our bombing of Afghanistan, plans are made to install a
new government sympathetic to the West and under UN control. The
persuasive argument as always is money. We were able to gain Pakistan's
support, although it continually wavers, in this manner. Appropriations
are already being prepared in the Congress to rebuild all that we destroy
in Afghanistan, and then some- even before the bombing has stopped.
Rumsfeld's plan, as reported in Turkey's <italic>Hurriyet</italic>
newspaper, lays out the plan for the next Iraqi government. Turkey's
support is crucial, so the plan is to give Turkey oil from the northern
Iraq Karkuk field. The United States has also promised a pipeline running
from Iraq through Turkey. How can the Turks resist such a generous offer?
Since we subsidize Turkey and they bomb the Kurds, while we punish the
Iraqis for the same, this plan to divvy up wealth in the land of the
Kurds is hardly a surprise.
It seems that Washington never learns. Our foolish foreign interventions
continually get us into more trouble than we have bargained for- and the
spending is endless. I am not optimistic that this Congress will anytime
soon come to its senses. I am afraid that we will never treat the
taxpayers with respect. National bankruptcy is a more likely scenario
than Congress adopting a frugal and wise spending policy.
Mr. Speaker, we must make every effort to precisely define our target in
this war and keep our eye on it.
It is safe to assume that the number of people directly involved in the
9-11 attacks is closer to several hundred than the millions we are now
talking about targeting with our planned shotgun approach to terrorism.
One commentator pointed out that when the mafia commits violence, no one
suggests we bomb Sicily. Today it seems we are, in a symbolic way, not
only bombing "Sicily," but are thinking about bombing
"Athens" (Iraq).
If a corrupt city or state government does business with a drug cartel or
organized crime and violence results, we don't bomb city hall or the
state capital- we limit the targets to those directly guilty and punish
them. Could we not learn a lesson from these examples?
It is difficult for everyone to put the 9-11 attacks in a proper
perspective, because any attempt to do so is construed as diminishing the
utter horror of the events of that day. We must remember, though, that
the 3,900 deaths incurred in the World Trade Center attacks are just
slightly more than the deaths that occur on our nation's highways each
month. Could it be that the sense of personal vulnerability we survivors
feel motivates us in meting out justice, rather than the concern for the
victims of the attacks? Otherwise, the numbers don't add up to the proper
response. If we lose sight of the target and unwisely broaden the war,
the tragedy of 9-11 may pale in the death and destruction that could lie
ahead.
As members of Congress, we have a profound responsibility to mete out
justice, provide security for our nation, and protect the liberties of
all the people, without senselessly expanding the war at the urging of
narrow political and economic special interests. The price is too high,
and the danger too great. We must not lose our focus on the real target
and inadvertently create new enemies for ourselves.
We have not done any better keeping our eye on the terrorist target on
the home front than we have overseas. Not only has Congress come up short
in picking the right target, it has directed all its energies in the
wrong direction. The target of our efforts has sadly been the liberties
all Americans enjoy. With all the new power we have given to the
administration, none has truly improved the chances of catching the
terrorists who were responsible for the 9-11 attacks. All Americans will
soon feel the consequences of this new legislation.
Just as the crisis provided an opportunity for some to promote a
special-interest agenda in our foreign policy efforts, many have seen the
crisis as a chance to achieve changes in our domestic laws, changes
which, up until now, were seen as dangerous and unfair to American
citizens.
Granting bailouts is not new for Congress, but current conditions have
prompted many takers to line up for handouts. There has always been a
large constituency for expanding federal power for whatever reason, and
these groups have been energized. The military-industrial complex is out
in full force and is optimistic. Union power is pleased with recent
events and has not missed the opportunity to increase membership rolls.
Federal policing powers, already in a bull market, received a super shot
in the arm. The IRS, which detests financial privacy, gloats, while all
the big spenders in Washington applaud the tools made available to crack
down on tax dodgers. The drug warriors and anti-gun zealots love the new
powers that now can be used to watch the every move of our citizens.
"Extremists" who talk of the Constitution, promote
right-to-life, form
citizen militias, or participate in non-mainstream religious practices
now can be monitored much more effectively by those who find their views
offensive. Laws recently passed by the Congress apply to all Americans-
not just terrorists. But we should remember that if the terrorists are
known and identified, existing laws would have been quite adequate to
deal with them.
Even before the passage of the recent draconian legislation, hundreds had
already been arrested under suspicion, and millions of dollars of al
Qaeda funds had been frozen. None of these new laws will deal with
uncooperative foreign entities like the Saudi government, which chose not
to relinquish evidence pertaining to exactly who financed the terrorists'
operations. Unfortunately, the laws will affect all innocent Americans,
yet will do nothing to thwart terrorism.
The laws recently passed in Congress in response to the terrorist attacks
can be compared to the effort by anti-gun fanatics, who jump at every
chance to undermine the Second Amendment. When crimes are committed with
the use of guns, it's argued that we must remove guns from society, or at
least register them and make it difficult to buy them. The counter
argument made by Second Amendment supporters correctly explains that this
would only undermine the freedom of law-abiding citizens and do nothing
to keep guns out of the hands of criminals or to reduce crime.
Now we hear a similar argument that a certain amount of privacy and
personal liberty of law-abiding citizens must be sacrificed in order to
root out possible terrorists. This will result only in liberties being
lost, and will not serve to preempt any terrorist act. The criminals,
just as they know how to get guns even when they are illegal, will still
be able to circumvent anti-terrorist laws. To believe otherwise is to
endorse a Faustian bargain, but that is what I believe the Congress has
done.
We know from the ongoing drug war that federal drug police frequently
make mistakes, break down the wrong doors and destroy property. Abuses of
seizure and forfeiture laws are numerous. Yet the new laws will encourage
even more mistakes by federal law-enforcement agencies. It has long been
forgotten that law enforcement in the United States was supposed to be a
state and local government responsibility, not that of the federal
government. The federal government's policing powers have just gotten a
giant boost in scope and authority through both new legislation and
executive orders.
Before the 9-11 attack, Attorney General Ashcroft let his position be
known regarding privacy and government secrecy. Executive Order 13223
made it much more difficult for researchers to gain access to
presidential documents from previous administrations, now a "need to
know" has to be demonstrated. This was a direct hit at efforts to
demand
openness in government, even if only for analysis and writing of history.
Ashcroft's position is that presidential records ought to remain secret,
even after an administration has left office. He argues that government
deserves privacy while ignoring the 4th Amendment protections of the
people's privacy. He argues his case by absurdly claiming he must
"protect"the privacy of the individuals who might be involved- a
non-problem that could easily be resolved without closing public records
to the public.
It is estimated that approximately 1,200 men have been arrested as a
consequence of 9-11, yet their names and the charges are not available,
and according to Ashcroft, will not be made available. Once again, he
uses the argument that he's protecting the privacy of those charged.
Unbelievable! Due process for the detainees has been denied. Secret
government is winning out over open government. This is the largest
number of people to be locked up under these conditions since FDR's
internment of Japanese-Americans during World War II. Information
regarding these arrests is a must, in a constitutional republic. If
they're terrorists or accomplices, just let the public know and pursue
their prosecution. But secret arrests and silence are not acceptable in a
society that professes to be free. Curtailing freedom is not the answer
to protecting freedom under adverse circumstances.
The administration has severely curtailed briefings regarding the
military operation in Afghanistan for congressional leaders, ignoring a
long-time tradition in this country. One person or one branch of
government should never control military operations. Our system of
government has always required a shared-power arrangement.
The Anti-Terrorism Bill did little to restrain the growth of big
government. In the name of patriotism, the Congress did some very
unpatriotic things. Instead of concentrating on the persons or groups
that committed the attacks on 9-11, our efforts, unfortunately, have
undermined the liberties of all Americans.
"Know Your Customer" type banking regulations, resisted by most
Americans
for years, have now been put in place in an expanded fashion. Not only
will the regulations affect banks, thrifts and credit unions, but also
all businesses will be required to file suspicious transaction reports if
cash is used with the total of the transaction reaching $10,000. Retail
stores will be required to spy on all their customers and send reports to
the U.S. government. Financial services consultants are convinced that
this new regulation will affect literally millions of law-abiding
American citizens. The odds that this additional paperwork will catch a
terrorist are remote. The sad part is that the regulations have been
sought after by federal law-enforcement agencies for years. The 9-11
attacks have served as an opportunity to get them by the Congress and the
American people.
Only now are the American people hearing about the onerous portions of
the anti-terrorism legislation, and they are not pleased.
It's easy for elected officials in Washington to tell the American people
that the government will do whatever it takes to defeat terrorism. Such
assurances inevitably are followed by proposals either to restrict the
constitutional liberties of the American people or to spend vast sums of
money from the federal treasury. The history of the 20th Century shows
that the Congress violates our Constitution most often during times of
crisis. Accordingly, most of our worst unconstitutional agencies and
programs began during the two World Wars and the Depression. Ironically,
the Constitution itself was conceived in a time of great crisis. The
founders intended its provision to place severe restrictions on the
federal government, even in times of great distress. America must guard
against current calls for government to sacrifice the Constitution in the
name of law enforcement.
The"anti-terrorism" legislation recently passed by Congress
demonstrates
how well-meaning politicians make shortsighted mistakes in a rush to
respond to a crisis. Most of its provisions were never carefully studied
by Congress, nor was sufficient time taken to debate the bill despite its
importance. No testimony was heard from privacy experts or from others
fields outside of law enforcement. Normal congressional committee and
hearing processes were suspended. In fact, the final version of the bill
was not even made available to Members before the vote! The American
public should not tolerate these political games, especially when our
precious freedoms are at stake.
Almost all of the new laws focus on American citizens rather than
potential foreign terrorists. For example, the definition of
"terrorism,"
for federal criminal purposes, has been greatly expanded A person could
now be considered a terrorist by belonging to a pro-constitution group, a
citizen militia, or a pro-life organization. Legitimate protests against
the government could place tens of thousands of other Americans under
federal surveillance. Similarly, internet use can be monitored without a
user's knowledge, and internet providers can be forced to hand over user
information to law-enforcement officials without a warrant or subpoena.
The bill also greatly expands the use of traditional surveillance tools,
including wiretaps, search warrants, and subpoenas. Probable-cause
standards for these tools are relaxed, or even eliminated in some
circumstances. Warrants become easier to obtain and can be executed
without notification. Wiretaps can be placed without a court order. In
fact, the FBI and CIA now can tap phones or computers nationwide, without
demonstrating that a criminal suspect is using a particular phone or
computer.
The biggest problem with these new law-enforcement powers is that they
bear little relationship to fighting terrorism. Surveillance powers are
greatly expanded, while checks and balances on government are greatly
reduced. Most of the provisions have been sought by domestic
law-enforcement agencies for years, not to fight terrorism, but rather to
increase their police power over the American people. There is no
evidence that our previously held civil liberties posed a barrier to the
effective tracking or prosecution of terrorists. The federal government
has made no showing that it failed to detect or prevent the recent
terrorist strikes because of the civil liberties that will be compromised
by this new legislation.
In his speech to the joint session of Congress following the September
11th attacks, President Bush reminded all of us that the United States
outlasted and defeated Soviet totalitarianism in the last century. The
numerous internal problems in the former Soviet Union- its centralized
economic planning and lack of free markets, its repression of human
liberty and its excessive militarization- all led to its inevitable
collapse. We must be vigilant to resist the rush toward ever-increasing
state control of our society, so that our own government does not become
a greater threat to our freedoms than any foreign terrorist.
The executive order that has gotten the most attention by those who are
concerned that our response to 9-11 is overreaching and dangerous to our
liberties is the one authorizing military justice, in secret. Nazi war
criminals were tried in public, but plans now are laid to carry out the
trials and punishment, including possibly the death penalty, outside the
eyes and ears of the legislative and judicial branches of government and
the American public. Since such a process threatens national security and
the Constitution, it cannot be used as a justification for their
protection.
Some have claimed this military tribunal has been in the planning stages
for five years. If so, what would have been its justification?
The argument that FDR did it and therefore it must be OK is a rather weak
justification. Roosevelt was hardly one that went by the rule book- the
Constitution. But the situation then was quite different from today.
There was a declared war by Congress against a precise enemy, the
Germans, who sent eight saboteurs into our country. Convictions were
unanimous, not 2/3 of the panel, and appeals were permitted. That's not
what's being offered today. Furthermore, the previous military tribunals
expired when the war ended. Since this war will go on indefinitely, so
too will the courts.
The real outrage is that such a usurpation of power can be accomplished
with the stroke of a pen. It may be that we have come to that stage in
our history when an executive order is "the law of the land,"
but it's
not "kinda cool," as one member of the previous administration
bragged.
It's a process that is unacceptable, even in this professed time of
crisis.
There are well-documented histories of secret military tribunals. Up
until now, the United States has consistently condemned them. The fact
that a two-thirds majority can sentence a person to death in secrecy in
the United States is scary. With no appeals available, and no defense
attorneys of choice being permitted, fairness should compel us to reject
such a system outright.
Those who favor these trials claim they are necessary to halt terrorism
in its tracks. We are told that only terrorists will be brought before
these tribunals. This means that the so-called suspects must be tried and
convicted before they are assigned to this type of "trial"
without due
process. They will be deemed guilty by hearsay, in contrast to the
traditional American system of justice where all are innocent until
proven guilty. This turns the justice system on its head.
One cannot be reassured by believing these courts will only apply to
foreigners who are terrorists. Sloppiness in convicting criminals is a
slippery slope. We should not forget that the Davidians at Waco were
"convicted" and demonized and slaughtered outside our judicial
system,
and they were, for the most part, American citizens. Randy Weaver's
family fared no better.
It has been said that the best way for us to spread our message of
freedom, justice and prosperity throughout the world is through example
and persuasion, not through force of arms. We have drifted a long way
from that concept. Military courts will be another bad example for the
world. We were outraged in 1996 when Lori Berenson, an American citizen,
was tried, convicted, and sentenced to life by a Peruvian military court.
Instead of setting an example, now we are following the lead of a
Peruvian dictator.
The ongoing debate regarding the use of torture in rounding up the
criminals involved in the 9-11 attacks is too casual. This can hardly
represent progress in the cause of liberty and justice. Once government
becomes more secretive, it is more likely this tool will be abused.
Hopefully the Congress will not endorse or turn a blind eye to this
barbaric proposal. For every proposal made to circumvent the justice
system, it's intended that we visualize that these infractions of the law
and the Constitution will apply only to terrorists and never involve
innocent U.S. citizens. This is impossible, because someone has to
determine exactly who to bring before the tribunal, and that involves all
of us. That is too much arbitrary power for anyone to be given in a
representative government and is more characteristic of a totalitarian
government.
Many throughout the world, especially those in Muslim countries, will be
convinced by the secretive process that the real reason for military
courts is that the U.S. lacks sufficient evidence to convict in an open
court. Should we be fighting so strenuously the war against terrorism and
carelessly sacrifice our traditions of American justice? If we do, the
war will be for naught and we will lose, even if we win.
Congress has a profound responsibility in all of this and should never
concede this power to a President or an Attorney General. Congressional
oversight powers must be used to their fullest to curtail this
unconstitutional assumption of power.
The planned use of military personnel to patrol our streets and airports
is another challenge of great importance that should not go uncontested.
For years, many in Washington have advocated a national approach to all
policing activity. This current crisis has given them a tremendous boost.
Believe me, this is no panacea and is a dangerous move. The Constitution
never intended that the federal government assume this power. This
concept was codified in the Posse Comitatus Act of 1878. This act
prohibits the military from carrying out law-enforcement duties such as
searching or arresting people in the United States, the argument being
that the military is only used for this type of purpose in a police
state. Interestingly, it was the violation of these principles that
prompted the Texas Revolution against Mexico. The military under the
Mexican Constitution at that time was prohibited from enforcing civil
laws, and when Santa Anna ignored this prohibition, the revolution broke
out. We should not so readily concede the principle that has been fought
for on more than one occasion in this country.
The threats to liberty seem endless. It seems we have forgotten to target
the enemy. Instead we have inadvertently targeted the rights of American
citizens. The crisis has offered a good opportunity for those who have
argued all along for bigger government.
For instance, the military draft is the ultimate insult to those who love
personal liberty. The Pentagon, even with the ongoing crisis, has argued
against the reinstatement of the draft. Yet the clamor for its
reinstatement grows louder daily by those who wanted a return to the
draft all along. I see the draft as the ultimate abuse of liberty.
Morally it cannot be distinguished from slavery. All the arguments for
drafting 18-year old men and women and sending them off to foreign wars
are couched in terms of noble service to the country and benefits to the
draftees. The need-for-discipline argument is the most common reason
given, after the call for service in an effort to make the world safe for
democracy. There can be no worse substitute for the lack of parental
guidance of teenagers than the federal government's domineering control,
forcing them to fight an enemy they don't even know in a country they
can't even identity.
Now it's argued that since the federal government has taken over the
entire job of homeland security, all kinds of jobs can be found for the
draftees to serve the state, even for those who are conscientious
objectors.
The proponents of the draft call it "mandatory service."
Slavery, too,
was mandatory, but few believed it was a service. They claim that every
18-year old owes at least two years of his life to his country. Let's
hope the American people don't fall for this "need to serve"
argument.
The Congress should refuse to even consider such a proposal. Better yet,
what we need to do is abolish the Selective Service altogether.
However, if we get to the point of returning to the draft, I have a
proposal. Every news commentator, every Hollywood star, every newspaper
editorialist, and every Member of Congress under the age of 65 who has
never served in the military and who demands that the draft be
reinstated, should be drafted first- the 18-year olds last. Since the
Pentagon says they don't need draftees, these new recruits can be the
first to march to the orders of the general in charge of homeland
security. For those less robust individuals, they can do the hospital and
cooking chores for the rest of the newly formed domestic army. After all,
someone middle aged owes a lot more to his country than an 18-year old.
I'm certain that this provision would mute the loud demands for the
return of the military draft.
I see good reason for American citizens to be concerned- not only about
another terrorist attack, but for their own personal freedoms as the
Congress deals with the crisis. Personal freedom is the element of the
human condition that has made America great and unique and something we
all cherish. Even those who are more willing to sacrifice a little
freedom for security do it with the firm conviction that they are acting
in the best interest of freedom and justice. However, good intentions can
never suffice for sound judgment in the defense of liberty.
I do not challenge the dedication and sincerity of those who disagree
with the freedom philosophy and confidently promote government solutions
for all our ills. I am just absolutely convinced that the best formula
for giving us peace and preserving the American way of life is freedom,
limited government, and minding our own business overseas.
Henry Grady Weaver, author of a classic book on freedom, The
Mainspring of Human Progress, years ago warned us that good
intentions in politics are not good enough and actually are dangerous to
the cause. Weaver stated:
"Most of the major ills of the world have been caused by well-meaning
people who ignored the principle of individual freedom, except as applied
to themselves, and who were obsessed with fanatical zeal to improve the
lot of mankind-in-the-mass through some pet formula of their own. The
harm done by ordinary criminals, murderers, gangsters, and thieves is
negligible in comparison with the agony inflicted upon human beings by
the professional do-gooders, who attempt to set themselves up as gods on
earth and who would ruthlessly force their views on all others- with the
abiding assurance that the end justifies the means."
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