European Tribune

Bush Rethinking Anti-Terror Tactics -- Wishful Thinking?

by the stormy present
Tue Jul 11th, 2006 at 08:28:10 AM EST

I awoke to find this rather optimistic headline splashed across the front page of WashingtonPost.com:
Rethinking Embattled Tactics in Terror War
Courts, Hill and Allies Press Administration

Inside, the intrepid Dana Priest brings us this (alleged) good news...

Five years after the attacks on the United States, the Bush administration faces the prospect of reworking key elements of its anti-terrorism effort in light of challenges from the courts, Congress and European allies crucial to counterterrorism operations.

My response:  half "Thank God, it's about time," and half "Pffft, yeah, right... thinking of ways to get around the challenges is more like it."


I have to confess to having a firmly cynical worldview, borne out of a fundamental optimism and idealism, the combination of which means some people find me rather annoying.

At once, I can demand the best from humankind (government leaders included) while fully expecting the worst.  No statesman (or stateswoman) is likely to live up to the dreams of the idealist buried deep within me, but the cynic's low expectations protect that poor naive inner-me from disappointment.

Anyway, enough about my reaction, let's get to more meat of the Post story.  (Highlighting the European bit.... so yaz know why I'm posting this here....)

The Republican chairman of the House intelligence committee and other members of Congress have complained about not being briefed on classified surveillance programs and huge unprecedented databases used to monitor domestic and international phone calls, faxes, e-mails and bank transfers.

European governments and three international bodies are investigating secret prisons run by the CIA, and some countries have pledged not to allow the transport of terrorism suspects through their airports.

Six European allies have demanded that President Bush shut down the prison for terrorism suspects at Guantanamo Bay, Cuba, citing violations of international law and mistreatment of detainees.

And the Supreme Court recently issued a rebuke of the military commissions created by the administration to try detainees, declaring that they violated the Geneva Conventions and were never properly authorized by Congress.

Accustomed to having its way on matters related to the nation's security, the administration is being forced to respond to criticism that it once brushed aside. The high court ruling rejected the White House's assertion that the president has nearly unlimited executive powers during a time of war, and now executive branch lawyers are reviewing whether other rules adopted after the Sept. 11, 2001, attacks on the World Trade Center and the Pentagon will have to be revised, especially those concerning the Geneva Conventions.

Ahhh... would that it were true.  The administration can't have its wanton way with the Constitution and international law anymore, and is being forced to reign itself in.

Yes, those challenges from the courts, Congress and European allies are all very real, and yes, they (and mere morality) ought to be reigning the administration in.  But are they?  Really?  Truly?  Sadly, I think probably not.  I suspect BushCo is just plotting a new route around these unforseen obstacles.  Sure, they're being forced to consider criticisms that they brushed aside before, but only to find new justifications for their bad behavior.  I don't see them changing the behavior.

"The Bush doctrine of 'trust us' is being questioned by the courts, Congress and the country, which is insisting on changing and strengthening their involvement," said former congressman Timothy J. Roemer (D-Ind.), a member of the independent commission that studied the Sept. 11 attacks.

"We are not a parliament, and when we function like a parliament we're unfaithful to the process and our system of government," said Rep. Christopher Shays (R-Conn.), who will preside over the Iraq hearing. "We hurt our country and both branches of government. If we had been more forceful . . . Abu Ghraib would have never happened."

Well, yeah, it probably would have, but nice try.  And looking on the bright side, maybe it wouldn't have gone on so long.  But would Congress (and a Republican-run one at that) have held more senior officers accountable, or have been satisfied with the courts martial of a few low-ranking grunts who happened to be stupid enough to capture on film their violations of domestic, international and military law?  Hmmm.

Say... who's brought us this little collection of happy thoughts, anyway?  I know the tinfoil hatters and other assorted denizens of Big Orange are likely to fall back on their stock denunciations of the Washington Post as an administration apologist rag, right wing mouthpiece, yadda yadda yadda.  I can hear them now, saying the whole article is just some whitewash attempt aimed at convincing us that the administration are changing their tune.

Because I'm just as skeptical of the conspiracy theorists as I am of the conspirators, I have to point out that this reporter is Dana Priest, who won a Pultizer Prize for her reporting on the CIA's secret prisons.  IMHO that story represents not only a key investigation into a tremendously important domestic & international issue, it was also the hammer blow that brought down the wall of US press kowtowing to the Bush Administration's demands for non-coverage of national security and anti-terror tactics.  It reminded the news-biz folks that they can and should examine and expose the ills that our government is doing in our name.

So anyway, what I'm trying to say is that Dana Priest is no Bush Administration shill.

In the international arena, the administration and the CIA are reexamining procedures for capturing, transporting and detaining terrorism suspects.

Pierre-Richard Prosper, formerly the State Department official charged with negotiating the return of Guantanamo Bay prisoners to their country of origin, said most countries agree with the goals of counterterrorism.

"But once you started actual implementation, you see the fractures taking place," he said. "I think what has to happen is the world will really need to take a look at these issues. This is a new game; what are the new rules going to be?"

Hmmm.  Good question.  My guess:  same rules as the old game, but you have to actually keep score.

Beyond Congress, the administration faces a barrage of legal challenges by privacy and civil rights groups such as the one that led to the Supreme Court decision.

The American Civil Liberties Union has filed a lawsuit in Detroit, home to one of the largest Arab populations outside the Middle East, on behalf of scholars, lawyers, journalists and nonprofit groups challenging the National Security Agency's domestic eavesdropping program. It alleges that the program hindered communications by phone and e-mail between the plaintiffs and people in the Middle East. The Center for Constitutional Rights has a parallel case pending before a federal judge in New York.

I honestly did not know that, but I do take comfort from it.

Ah, thank God (or Dog, or whatever you thank) for the ACLU, and for the Southern Poverty Law Center (currently fighting the infiltration of the US military by racist hate groups!) and the scores of other steadfast defenders of civil liberties in the country of my birth.  Ever since September 12, 2001, I have placed my most fervent and idealistic hopes, for the salvation of my nation, on these groups and others of their ilk.  If anyone will reign in the Bush administration, they will.

But wait, there's more...

The Justice Department so far has persuaded many judges to dismiss such suits, along with those challenging the CIA's "rendition" program, under the "state secret privilege," which argues that allowing a case to proceed would damage national security.

Yesterday, the Justice Department made such a case before U.S. District Judge Anna Diggs Taylor in Detroit. The ACLU, on behalf of the plaintiffs, renewed its call for a court ruling that would force the government to suspend its program of intercepting without a court order the international phone calls and e-mails of U.S. citizens.

See?  See?  The cynic roars.  They're not changing their goals, not one bit.

So anyway, the point of this diary (in addition to calling your attention to an interesting article and ranting a bit) is to open a debate on the degree to which these various sources of pressure might actually change anything.  These are your governments, my European friends, who are exerting some of this pressure.  And whether it works or not, I'd like to thank them, and you, for it.

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... because I cravenly covet mojo.

Although I just realized how long this diary is.  If any of you have made it this far, I should give you tips.

by the stormy present (stormypresent aaaaaaat gmail etc) on Tue Jul 11th, 2006 at 08:30:07 AM EST
I stopped reading Kevin Drum's vaguely right-wing Washington Monthly blog a long while back, so I was surprised to see myself agreeing with his analysis as re-posted on Kos recently.

The Bush administration literally seems to have no foreign policy at all anymore. They have no serious plan for Iraq, no plan for Iran, no plan for North Korea, no plan for democracy promotion, no plan for anything. With the neocons on the outs, Condoleezza Rice at the State Department, and Dick Cheney continuing to drift into an alternate universe at the OVP, the Bush administration seems completely at sea. There's virtually no ideological coherency to their foreign policy that I can discern, and no credible followup on what little coherency is left.

As near as I can tell, George Bush has learned that "There's evil in the world and we're going to stand up to it" isn't really adequate as a foreign policy for a superpower but is unable to figure out anything better to replace it with. So he spins his wheels, waiting for 2009. Unfortunately, the rest of us are left spinning with him

All they've got left is the bullying deceit of their domestic "policy". So, no they ain't gonna change cos they're a one-trick pony.


keep to the Fen Causeway

by Helen (lareinagal at yahoo dot co dot uk) on Tue Jul 11th, 2006 at 09:18:34 AM EST
Here in the Middle East, their foreign policy seems to have the same three pillars as before:  (a) secure the flow of fossil fuels, (b) support Israel at all costs, and (c) oppose Islamists in any form whatsoever, whether it makes sense or not.  Damn the democracy, etc.

I can tell you that anyone in Egypt who ever really believed that Bush was really pushing for more real democracy in the Middle East has been firmly disabused of that notion.  Sadly, there were quite a few people who believed him.

The regime here is in the process of removing what remains of Egypt's judicial independence, press freedom, freedom of expression, etc. (because 25 years of ruling the country under an emergency law that bans gatherings of more than five people clearly isn't restrictive enough to deal with The New Threats of Our Time); there are literally hundreds of Ikhwan in prison; and we hear barely a peep from State.  In fact, Congress recently renewed Egypt's nearly $2 billion aid package....

by the stormy present (stormypresent aaaaaaat gmail etc) on Tue Jul 11th, 2006 at 06:05:53 PM EST
[ Parent ]
Help me understand point 3.

"Islamist" means, I think, the idea that a country should be run by a fundamentalist Islamic government. Fundamentalist Islam (similar to fundamentalist Christianity) has a bunch of problems in the areas of interpretation of texts (whose interpretation do you use?), civil rights--particularly related to the roles of women, whether one can choose to be a member of the church, etc.

These problems would seem to make it different for a Western government to support an Islamist government. If so, why would one be surprized that a country like the U.S. would "oppose Islamists in any form whatsoever"?

by asdf on Wed Jul 12th, 2006 at 09:19:13 AM EST
[ Parent ]
The point is that they tend to assume that anyone Islamist (whether in government or not) is the enemy.  Not all Islamists are created equal, but the US policy basically puts all of them pretty much in the same basket.

(The big exception, of course, is Saudi Arabia, but to explain that you only have to look at pillar A of US Middle East policy from my post above....)

And the problem arises when the administration is saying "we want democracy in the Middle East" out of one side of its mouth, but "except when it might bring Islamists to power" out of the other side.  It's hypocritical.  And more to the point, it gives lie to their claim that they're really interested in democracy.  They're interested in pillars A, B, and C, and democracy is not on that list.

I can give you examples if you need them.

by the stormy present (stormypresent aaaaaaat gmail etc) on Wed Jul 12th, 2006 at 09:58:31 AM EST
[ Parent ]
It seems to me that, as usual, the first step is to define exactly what is meant by "Islamist."
by asdf on Wed Jul 12th, 2006 at 10:41:59 AM EST
[ Parent ]
I would go with "advocating the use of islamic (sharia) law as a major source of legislation".

Nothing is 'mere'. — Richard P. Feynman
by Migeru (migeru at eurotrib dot com) on Wed Jul 12th, 2006 at 10:50:37 AM EST
[ Parent ]
Asdf, how is the US's support of an Iraqi government built around the "Supreme Council for the Islamic Revolution in Iraq" consistent with your view?

Simply ask Riverbend about the new democratic Iraq:

It's not about a Sunni government or a Shia government- it's about the possibility of an Iranian-modeled Iraq. Many Shia are also appalled with the results of the elections. There's talk of Sunnis being marginalized by the elections but that isn't the situation. It's not just Sunnis- it's moderate Shia and secular people in general who have been marginalized.

The list is frightening- Da'awa, SCIRI, Chalabi, Hussein Shahristani and a whole collection of pro-Iran political figures and clerics. They are going to have a primary role in writing the new constitution. There's talk of Shari'a, or Islamic law, having a very primary role in the new constitution. The problem is, whose Shari'a? Shari'a for many Shia differs from that of Sunni Shari'a. And what about all the other religions? What about Christians and Mendiyeen?

Is anyone surprised that the same people who came along with the Americans - the same puppets who all had a go at the presidency last year - are the ones who came out on top in the elections? Jaffari, Talbani, Barazani, Hakim, Allawi, Chalabi... exiles, convicted criminals and war lords. Welcome to the new Iraq.

Now a question for tsp: is the US' Iraq policy explained in the same way as the support for Saudi Arabia, because of oil? It seems a miserable failure if that's the case: Iraq's oil infrastructure has been destroyed.

Nothing is 'mere'. — Richard P. Feynman
by Migeru (migeru at eurotrib dot com) on Wed Jul 12th, 2006 at 10:13:39 AM EST
[ Parent ]
Is there really any question that the US policy in Iraq is a miserable failure?
by the stormy present (stormypresent aaaaaaat gmail etc) on Wed Jul 12th, 2006 at 10:54:20 AM EST
[ Parent ]
If what they wanted was to destroy the country it was a resounding success. And some people have indeed suggested that the point was not to tap Iraq's oil but to put it offline until after peak oil.

Nothing is 'mere'. — Richard P. Feynman
by Migeru (migeru at eurotrib dot com) on Wed Jul 12th, 2006 at 11:12:53 AM EST
[ Parent ]
That theory gives them too much credit.  I have seen no evidence to suggest that it is true.
by the stormy present (stormypresent aaaaaaat gmail etc) on Wed Jul 12th, 2006 at 11:29:02 AM EST
[ Parent ]
I thought I should update this diary with the news that broke after I posted it, which is that the Bush administration says Guantanamo detainess will get Geneva Convention protections for the first time.  

From the Post:

The Bush administration, in an apparent policy reversal sparked by a recent Supreme Court ruling, said today it will extend the guarantees of humane treatment specified by the Geneva Conventions to detainees in the war on terrorism.

In a memo released by the Pentagon this morning, Deputy Defense Secretary Gordon England, citing the Supreme Court's decision, ordered all Pentagon personnel to "adhere to these standards" and to "promptly review" all policies and practices "to ensure that they comply with the standards" of the Geneva Conventions' Common Article 3.

(The Post has a .pdf of the DOD memo here.)

I will note that the memo, dated 7 July, does not portray this as a major change of policy, although I guess we can understand why they'd want to downplay that aspect.  I quote:

It is my understanding that, aside from the military commission procedures, existing DOD orders, policies, directives, execute orders and doctrine comply with the standards of Common Article 3, and, therefore, actions by DOD personnel that comply with such issuances would comply with the standards of Common Article 3....

In other words, "We don't think we've been doing anything to violate the Geneva Convention except for those military tribunals."  I bet the detainees' lawyers will beg to differ.

by the stormy present (stormypresent aaaaaaat gmail etc) on Tue Jul 11th, 2006 at 05:50:41 PM EST


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