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It is in the prosecution of some single object, and in striving to reach its accomplishment by the combined application of his moral and physical energies, that the true happiness of man, in his full vigour and development, consists. Possession, it is true, crowns exertion with repose; but it is only in the illusions of fancy that it has power to charm our eyes. If we consider the position of man in the universe,—if we remember the constant tendency of his energies towards some definite activity, and recognize the influence of surrounding nature, which is ever provoking him to exertion, we shall be ready to acknowledge that repose and possession do not indeed exist but in imagination. - Wilhelm von Humboldt, The Sphere and Duties of Government (The Limits of State Action) (1854 ed.)

Tuesday, November 24, 2009

Required Reading

The administration guts its own argument for 9/11 trials

    Can anyone reconcile Obama's homage to "our legal traditions" and his professed faith in jury trials in the New York federal courts with the reality of what his administration is doing: i.e., denying trials to a large number of detainees, either by putting them before military commissions or simply indefinitely imprisoning them without any process at all?

The Real Price of Trying KSM

    Good criminal defense attorneys are seldom deterred by futility, so it's reasonable to expect that KSM's lawyers will make all the arguments there are to make: They'll allege a violation of KSM's right to a speedy trial, claiming that the years he spent in CIA detention and Gitmo violated this constitutional right. They'll seek suppression of KSM's statements, arguing (persuasively) that the torture he endured—sleep deprivation, noise, cold, physical abuse, and, of course, 183 water-boarding sessions—make his statements involuntary. They will insist that everything stemming from those statements must be suppressed, under the Fourth Amendment, as the fruit of the wildly poisonous tree. They will demand the names of operatives and interrogators, using KSM's right to confront the witnesses against him to box the government into revealing things it would prefer to keep secret—the identities of confidential informants, the locations of secret safe houses, the names of other inmates and detainees who provided information about him, and a thousand other clever things that should make the government squirm. The defense will attack the CIA, FBI, and NSA, demanding information about wiretapping and signal intelligence and sources and methods. They'll move to dismiss the case because there is simply no venue in the United States in which KSM can get a fair trial.

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In an idealized view, our judicial system is insulated from the ribald passions of politics. In reality, those passions suffuse the criminal justice system, and no matter how compelling the case for suppressing evidence that would actually effect the trial might be, given the politics at play, there is no judge in the country who will seriously endanger the prosecution. Instead, with the defense motions duly denied, the case will proceed to trial, and then (as no jury in the country is going to acquit KSM) to conviction and a series of appeals. And that's where the ultimate effect of a vigorous defense of KSM gets really grim.

At each stage of the appellate process, a higher court will countenance the cowardly decisions made by the trial judge, ennobling them with the unfortunate force of precedent. The judicial refusal to consider KSM's years of quasi-legal military detention as a violation of his right to a speedy trial will erode that already crippled constitutional concept. The denial of the venue motion will raise the bar even higher for defendants looking to escape from damning pretrial publicity. Ever deferential to the trial court, the U.S. Court of Appeals for the Second Circuit will affirm dozens of decisions that redact and restrict the disclosure of secret documents, prompting the government to be ever more expansive in invoking claims of national security and emboldening other judges to withhold critical evidence from future defendants. Finally, the twisted logic required to disentangle KSM's initial torture from his subsequent "clean team" statements will provide a blueprint for the government, giving them the prize they've been after all this time—a legal way both to torture and to prosecute.

Renouncing Islamism: To the brink and back again

    He started to recruit other students, as he had done so many times before. But it was harder. "Everyone hated the [unelected] government [of Hosni Mubarak], and the US for backing it," he says. But there was an inhibiting sympathy for the victims of 9/11 – until the Bush administration began to respond with Guantanamo Bay and bombs. "That made it much easier. After that, I could persuade people a lot faster."

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    To my surprise, the ex-jihadis said their rage about Western foreign policy – which was real, and burning – emerged only after their identity crises, and as a result of it. They identified with the story of oppressed Muslims abroad because it seemed to mirror the oppressive disorientation they felt in their own minds. Usman Raja, a bluff, buff boxer who begged to become a suicide bomber in the mid-1990s, tells me: "Your inner life is chaotic and you feel under threat the whole time. And then you're told by Islamists that life for Muslims everywhere is chaotic and under threat. It becomes bigger than you. It's about the world – and that's an amazing relief. The answer isn't inside your confused self. It's out there in the world."

    But once they had made that leap to identify with the Umma – the global Muslim community – they got angrier the more abusive our foreign policy came. Every one of them said the Bush administration's response to 9/11 – from Guantanamo to Iraq – made jihadism seem more like an accurate description of the world. Hadiya Masieh, a tiny female former HT organiser, tells me: "You'd see Bush on the television building torture camps and bombing Muslims and you think – anything is justified to stop this. What are we meant to do, just stand still and let him cut our throats?"

    But the converse was – they stressed – also true. When they saw ordinary Westerners trying to uphold human rights, their jihadism began to stutter. Almost all of them said that they doubted their Islamism when they saw a million non-Muslims march in London to oppose the Iraq War: "How could we demonise people who obviously opposed aggression against Muslims?" asks Hadiya.

How the US Funds the Taliban

    In this grotesque carnival, the US military's contractors are forced to pay suspected insurgents to protect American supply routes. It is an accepted fact of the military logistics operation in Afghanistan that the US government funds the very forces American troops are fighting. And it is a deadly irony, because these funds add up to a huge amount of money for the Taliban. "It's a big part of their income," one of the top Afghan government security officials told The Nation in an interview. In fact, US military officials in Kabul estimate that a minimum of 10 percent of the Pentagon's logistics contracts--hundreds of millions of dollars--consists of payments to insurgents.

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    The real secret to trucking in Afghanistan is ensuring security on the perilous roads, controlled by warlords, tribal militias, insurgents and Taliban commanders. The American executive I talked to was fairly specific about it: "The Army is basically paying the Taliban not to shoot at them. It is Department of Defense money." That is something everyone seems to agree on.

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    Hanna explained that the prices charged are different, depending on the route: "We're basically being extorted. Where you don't pay, you're going to get attacked. We just have our field guys go down there, and they pay off who they need to." Sometimes, he says, the extortion fee is high, and sometimes it is low. "Moving ten trucks, it is probably $800 per truck to move through an area. It's based on the number of trucks and what you're carrying. If you have fuel trucks, they are going to charge you more. If you have dry trucks, they're not going to charge you as much. If you are carrying MRAPs or Humvees, they are going to charge you more."

    Hanna says it is just a necessary evil. "If you tell me not to pay these insurgents in this area, the chances of my trucks getting attacked increase exponentially."

The Two Percent Robustness

    At first the "public option" was to be a massive but less-than-universal healthcare plan that would prove so efficient and effective that over several years the public would all opt into it. It was a backdoor to a civilized system of Medicare for all. Now what's left of it? Now it's a public option for 2 percent of Americans, and in some states 0 percent, to be run by private corporations, with prices set to avoid any efficiency or competition for the wasteful health insurance companies.

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    Is that better than nothing? No, it's worse, because this pathetic scam of a healthcare plan is plastered like lipstick on a pig to a bailout for the health insurance corporations. (Sure, the bill contains some reforms to the insurance corporations' practices, but that's like trying to reform piranhas.) And when the healthcare crisis continues to worsen in the coming years, the blame will be placed on the nearly nonexistent public option, thus justifying making things even worse, if possible. And the same bill goes out of its way to prevent states from solving the problem on their own, allowing them to opt out of the perverse public option (opting into which would hardly be noticeable anyway) but denying states the ability to create real healthcare funding for their residents. Congressman Kucinich's amendment to remedy this has been stripped out by Speaker Pelosi.

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