Sheldon Richman | The Future of Freedom Foundation, June 2, 2009
Contrary to the U.S. government’s position, acts of terrorism are crimes that have little in common with acts of war. The terrorists whom Americans worry about are not trying to overthrow the U.S. government or conquer and occupy the United States. Instead, they are trying to obtain vengeance for U.S. government intervention in the Middle East. Historically, terrorism has been the tactic of the weak against the strong.
A military response is both disproportionate and unnecessary — and it inflicts suffering on innocents. Occupying and bombing a country because a group of terrorists might have plotted there is itself terrorism. Moreover, when the government assumes a war footing, it flings the doors open to violations of domestic liberty. “No nation can preserve its freedom in the midst of continual warfare,” James Madison said.
The Obama administration’s early signals on these matters have not been encouraging. The president is escalating in Afghanistan and Pakistan, and his intention to close Guantanamo is undercut by his plans to continue military commissions for terrorist suspects in lieu of real criminal trials and to seek authority for indefinite preventive detention of suspects whom the government fears could not be convicted.
However, the administration has now indicated that the normal criminal justice system may play more of a role in investigations of terrorism. A report in the Los Angeles Times states, “The FBI and Justice Department plan to significantly expand their role in global counter-terrorism operations, part of a U.S. policy shift that will replace a CIA-dominated system of clandestine detentions and interrogations with one built around transparent investigations and prosecutions.
“Under the ‘global justice’ initiative, … FBI agents will … expand their questioning of suspects and evidence-gathering to try to ensure that criminal prosecutions are an option, officials familiar with the effort said.”
It’s too soon to know how much of an improvement this policy will be over the Bush administration’s war policy, but if the government is thinking more in terms of traditional criminal trials, with the presumption of innocence and the burden of proving guilt beyond a reasonable doubt, that is indeed an improvement.
Of course former Vice President Dick Cheney wouldn’t approve. He recently said the Clinton administration wrongly treated the 1993 World Trade Center bombing as a crime. The government tried some of the suspected bombers, won convictions, and imprisoned the offenders for life. Cheney pointed out, however, that since the Twin Towers were brought down some eight years later, the criminal-justice approach to terrorism was an obvious failure. As he put it in a recent speech,
“The first attack on the World Trade Center was treated as a law enforcement problem, with everything handled after the fact — crime scene, arrests, indictments, convictions, prison sentences, case closed.
“That’s how it seemed from a law enforcement perspective, at least — but for the terrorists the case was not closed. For them, it was another offensive strike in their ongoing war against the United States.”
But Cheney left out an important part of the story. One of the planners of the 1993 bombing, Ramzi Yousef, explained that the 1993 bombing was a response to the decades-long U.S. interventionist foreign policy in the Middle East. While that policy cannot justify attacks on innocents, Yousef was right to object to the intervention. For decades the U.S. government has supported Middle East despotisms (sometimes instigating coups) and unconditionally supported Israel against legitimate Palestinian grievances. In the 1990s the U.S. embargo on Iraq took the lives of hundreds of thousands of children, while American bombings terrorized the Iraqis. And the U.S. military kept troops near holy Islamic sites in Saudi Arabia.
The U.S. government acknowledges that such conduct created Muslim resentment. Yet that aggressive policy did not change after the 1993 bombing — quite the contrary. So Cheney cannot reasonably conclude that it was the criminal-justice approach to terrorism that failed. Rather, continued intervention produced “blowback” on 9/11.
Sooner or later, all empires are targets of terrorism. If Americans are really serious about keeping safe, the first step must be to renounce interventionism and adopt a foreign policy of peace and free trade. Treating terrorism as a crime is consistent with that policy.
Sheldon Richman is senior fellow at The Future of Freedom Foundation, author of Tethered Citizens: Time to Repeal the Welfare State, and editor of The Freeman magazine. Visit his blog “Free Association” at www.sheldonrichman.com. Send him email.
It has just been reported that Muhammad Ahmad Abdallah Salih (also known as Mohammed al-Hanashi), a Yemeni prisoner at Guantánamo, has died, apparently by committing suicide.
Salih was one of around 50 prisoners at Guantánamo who had 



Carter disagrees with Obama on torture photos
June 4, 2009Middle East Online
First Published 2009-06-03


‘He’s made a decision with which I really can’t contend’
Former US President says most of Obama’s supporters hoped he would be open in reveling US past actions.
NEW YORK – Former US President Jimmy Carter said that he disagrees with President Obama’s decision to block the release of hundreds of photos of torture committed at US prisons overseas., Democracy Now! reported Tuesday.
“Most of his supporters were hoping that he would be much more open in the revelation of what we’ve done in the past,” Carter told CNN.
“But he’s made a decision with which I really can’t contend, that he doesn’t want to resurrect the past, he doesn’t want to punish those who are guilty of perpetrating what I consider crimes against our own laws and against our own Constitution,” he added.
But Carter said he is not criticising Obama.
“The revelation of those pictures might very well inflame further animosity against our country, causing some harm to our soldiers. So I don’t agree with him, but I certainly don’t criticize him for making that decision,” he said.
Carter also addressed the possible prosecution of Bush administration officials.
“I think prosecuting is too strong a word, what I would like to see is a complete examination of what did happen, the identification of any perpetrators of crimes against our own laws or against international law, and then, after all that’s done, decide whether or not there should be any prosecutions,” he said.
“But the revelation of what did happen, I think, is what I would support,” he added.
General Sanchez calls for truth commission
Meanwhile, the former top coalition commander in Iraq, General Ricardo Sanchez, has called for a truth commission to investigate abusive interrogation practices.
“If we do not find out what happened then we are doomed to repeat it,” Sanchez said.
Sanchez was in command of Iraq when the infamous abuses occurred at Abu Ghraib. In 2006, a German attorney filed a war crimes suit against Sanchez and other high-ranking officials.
Cheney: death or Guantanamo
Former Vice President Dick Cheney defended the military prison at Guantanamo, saying the US needs a place to hold suspected terrorists.
Cheney said the only alternative the Bush administration had to creating Guantanamo was to kill terror suspects.
“If you’re going to be engaged in a world conflict, such as we are, in terms of global war on terrorism, you know, if you don’t have a place where you can hold these people, your only other option is to kill them. And we don’t operate that way,” he said.
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Tags:Dick Cheney, former US President Jimmy Carter, photos of torture, President Obama, truth commission, US prisons overseas
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