SMRs and AMRs

Tuesday, January 05, 2010

What’s Our Line?

By MICHAEL KINSLEY
NYT

Washington

WHY are we reading Umar Farouk Abdulmutallab his Miranda rights instead of taking him somewhere and forcibly finding out where he got the explosive underwear and whatever else he might know about Al Qaeda? Isn’t this, as well as the forthcoming federal court trial of Khalid Shaikh Mohammed, proof that the Obama administration doesn’t really regard the war on terrorism as a war?

Even worse, isn’t President Obama, despite his statements on terrorism over the weekend, confused and amateurish on this deadly serious issue? At his direction, thousands of American soldiers in Afghanistan and Iraq are doing their best to kill terrorists, would-be terrorists and terrorists in training with no thought whatsoever to the legal niceties. Why do these two scoundrels deserve lawyers and a trial?

Republican critics like Dick Cheney and Newt Gingrich have raised these questions in the past few days. There’s a gruesome anomaly here, to be sure: the United States government will blow you to smithereens and consider it a good day’s work if you’re a Qaeda member dreaming of jihadist glory while residing somewhere outside the United States, but will pay for your lawyer if you get caught in the act within our borders. But this anomaly didn’t arise with the Obama administration. It is built into our dual role as a liberal democracy and as a legitimately aggrieved superpower.

The charms of liberal democracy sometimes need to be defended by war, and Mr. Obama’s critics are right that war can’t be conducted with a high level of concern for individual justice. A liberal democracy aspires to punish only the guilty. But war is inherently unfair — it distributes suffering arbitrarily among enemy combatants, civilians and one’s own soldiers. A line has to be drawn somewhere to determine which of these utterly different standards of government behavior is applied where — and the nation’s border is as good a line as any.

(More here.)

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