Charles Krauthammer On Civilian Trials For Terrorist Suspects

Look, I would love to think that we could simply resolve all of these issues in a civilian court. But in many cases, we can’t. This isn’t a partisan point, just a realistic one. And Krauthammer explains why:

September 11, 2001 had to speak for itself. A decade later, the deed will be given voice. [Khalid Sheikh Mohammed] has gratuitously been presented with the greatest propaganda platform imaginable — a civilian trial in the media capital of the world — from which to proclaim the glory of jihad and the criminality of infidel America.

So why is Attorney General Eric Holder doing this? Ostensibly, to demonstrate to the world the superiority of our system, where the rule of law and the fair trial reign.

Really? What happens if KSM (and his co-defendants) “do not get convicted,” asked Senate Judiciary Committee member Herb Kohl. “Failure is not an option,” replied Holder. Not an option? Doesn’t the presumption of innocence, er, presume that prosecutorial failure — acquittal, hung jury — is an option? By undermining that presumption, Holder is undermining the fairness of the trial, the demonstration of which is the alleged rationale for putting on this show in the first place.

Moreover, everyone knows that whatever the outcome of the trial, KSM will never walk free. He will spend the rest of his natural life in U.S. custody. Which makes the proceedings a farcical show trial from the very beginning.

I am not that worried about propaganda statements KSM might make. They could be made in a military court as well. But as Krauthammer points out, we are in effect making a mockery of the very justice system whose integrity we are supposedly out to protect and preserve, thanks to the words of the Attorney-General. The security issues to be dealt with are properly termed a “nightmare.” And the national security implications are most troubling:

. . . Civilian courts with broad rights of cross-examination and discovery give terrorists access to crucial information about intelligence sources and methods.

That’s precisely what happened during the civilian New York trial of the 1993 World Trade Center bombers. The prosecution was forced to turn over to the defense a list of 200 unindicted co-conspirators, including the name Osama bin Laden. “Within 10 days, a copy of that list reached bin Laden in Khartoum,” wrote former attorney general Michael Mukasey, the presiding judge at that trial, “letting him know that his connection to that case had been discovered.”

Why are we doing this?

Of Global Warming And Potential Scientific Fraud

I am going to be rather careful about jumping to conclusions concerning this story, as the details of it are in the preliminary stages of dribbling out to the public. But, long story short: The University of East Anglia Climate Research Unit got its e-mail system hacked, and the e-mails have been made public. What they reveal is the possibility that climate scientists may have been less than honest in dealing with inconvenient data that might undercut the case for anthropogenic global warming.

The most alarming e-mail refers to “tricks” to “hide the decline” in warming. (I am not going to reproduce the e-mails on this site, because there are clear threats being made against those tempted to do so, and frankly, I don’t need the bother–though, this behavior from scientists concerning e-mail that is already out in the public domain is nothing short of despicable.) To say that this commentary is somewhat disturbing would perhaps be to understate matters.

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Much more in this vein from James Delingpole, who points out that:

When you read some of those files – including 1079 emails and 72 documents – you realise just why the boffins at Hadley CRU might have preferred to keep them confidential. As Andrew Bolt puts it, this scandal could well be “the greatest in modern science”. . . .

Still more from Ed Morrissey. See also NPR, the BBC, and the Guardian.

I write as someone who has supported a carbon tax tied to the moving average temperature in the tropical troposphere–not a position that your average global warming denialist would take–that these allegations are immensely serious, and threaten to dramatically undercut the integrity of a whole host of people in the scientific community. They need to be answered by the whole of the scientific community, and answered decisively. If there is nothing there, the scientific community needs to explain clearly and forthrightly why we ought not to be concerned. If there is something there, the scientific community needs to police its own, and punish dishonesty.

We know this: The language used in many of the e-mails is offensive, crude, disparaging towards climate skeptics (including a disgusting statement made in the aftermath of the death of one global warming skeptic), and against the spirit of scientific inquiry on multiple levels. If these scientists had the doubts they appear to have had concerning global warming, they should have gone public with those doubts. That way, they would have lost neither their integrity, nor their ability to state that the weight of the evidence supports the theory of anthropogenic global warming. Instead, they engaged in . . . this.

As mentioned, I won’t engage in what these revelations say for the crafting and implementation of future policy on the issue of climate change and the environment. But wouldn’t it be unbelievable and appalling if the worst were confirmed, and the case that is being made for anthropogenic warming turned out to be a fraud in large measure? Even more appalling: How effective would humankind’s response be to a genuine environmental crisis in light of the possibility–and I stress that at this time, we can only call it a possibility–that the scientific community may have cried wolf over global warming?

I Realize That People May Be Tired Of Me Pointing This Out . . .

But it probably is worth emphasizing anew that Barack Obama is not a popular President:

President Obama’s job approval numbers will dip below 50% for the first time today in Gallup’s daily tracking poll, according to a Gallup official.

“Gallup Daily tracking results just in. Obama will be below 50% for the first time when we update our numbers at 1:00 p.m.,” wrote Gallup.com managing news editor Lymari Morales on Twitter.

His approval numbers have bounced down to the 50% mark several times, driven by weaker support from independents and Republicans, but hadn’t crossed it.

The man in the White House is no longer a political dynamo. Maybe he will become one again, but for now, he’s just an ordinary politician, fighting to make sure that people like him.

Just like all other politicians, as a matter of fact.

Bribery

Mary Landrieu is getting $100 million to support health care reform. If this is what it takes to sell such a dubious legislative package, then it is as good a signal as any that Senators ought to vote “no” on the Reid health care reform bill.

Surprise! (Trade Policy Edition)

Asian leaders prefer Bush trade policies to Obama trade policies. Of course, that is not hard to do, when there are few specifics to the Obama Administration’s approach to trade, when to the extent that we have been afforded specifics, they have served to make the Obama Administration appear to be tremendously protectionist, and when the President has not even asked Congress to revive new trade negotiating authority for him.

The Obama Administration’s approach to trade policy has been nothing short of depressing. It will leave the United States with a much smaller economic presence in Asia–as Phil Levy references, it is the Obama Administration, not the Bush Administration, that has ditched Asia–and it will cost the United States in terms of economic growth. For an Administration that has pledged itself to reviving the American economy, Team Obama is overlooking and ignoring a surefire way to do so by allowing a once-robust American trade policy to wither on the vine.

Health Care “Reform” Will Cost Us

As pointed out by Jeffrey Anderson:

Senate Majority Leader Harry Reid is touting the Senate’s newest health-care bill as costing $849 billion over 10 years. But this uses the same accounting trick as past versions: 99 percent of the costs don’t kick in until the fifth year of that “10 year” period. And the true 10-year costs are well over twice what Reid’s advertising: $1.8 billion.

The Democrats cite the bills’ projected costs from 2010-19. Yet, as the Congressional Budget Office reports, the bill would cost just $9 billion total from 2010 through 2013 — versus $147 billion in 2016 alone. In the first 40 percent of what the Democrats are calling the bill’s “first 10 years,” only 1 percent of its costs would yet have hit.

Senate Majority Leader Harry Reid is touting the Senate’s newest health-care bill as costing $849 billion over 10 years. But this uses the same accounting trick as past versions: 99 percent of the costs don’t kick in until the fifth year of that “10 year” period. And the true 10-year costs are well over twice what Reid’s advertising: $1.8 billion.

The Democrats cite the bills’ projected costs from 2010-19. Yet, as the Congressional Budget Office reports, the bill would cost just $9 billion total from 2010 through 2013 — versus $147 billion in 2016 alone. In the first 40 percent of what the Democrats are calling the bill’s “first 10 years,” only 1 percent of its costs would yet have hit.

One of the supposed advantages of health care reform was that it was supposed to cut costs. That clearly is not happening under the Reid bill. Without the promised cost controls, what is the point of voting for the bill?

UPDATE: Michael Cannon’s commentary doesn’t give fiscal hawks any more reason for good news.

Lindsey Graham Devastates Eric Holder

Watch:

The covering for Holder has already begun. Patrick Leahy is now busy telling people that there is no need whatsoever to interrogate Osama bin Laden if we capture him; as if American intelligence agents would not have an interest in seeing whether bin Laden spills the beans on any other operations that al Qaeda may be undertaking against the United States. I recognize that Leahy has to spin on behalf of the Attorney-General, but he doesn’t have to insult the intelligence of the public in the process, does he?

Sino-American Communiqué Failures

As pointed out by Daniel Blumenthal, Team Obama blundered quite impressively in the crafting of a communiqué with China. I would say something at this point about how it is important for a President and his foreign policy team to possess the experience necessary to sniff out verbal traps in communiqués, and to avoid those verbal traps, but I am sure that such commentary is not Hopey and Changeish enough.

2012’s Republican Dark Horses

As compiled by Real Clear Politics. I could easily see myself supporting Mitch Daniels, who has tremendous experience as a political aide, a successful pharmaceutical executive, a Director of the Office of Management and Budget, and as Governor of Indiana. He has done a great job in helping Indiana weather the economic crisis, and he backs up his small-government talk with small-government action–to excellent effect for the state he serves. If he becomes President, he can use his experience as OMB Director to help reduce the size of government in Washington, and to cut out waste, fraud, and abuse; the man knows where the bodies are buried, after all, and he has demonstrated himself to be an excellent fiscal steward and guardian against big government while serving in Indiana.

“It Was Hard Not To Feel A Bit Nostalgic For The Days When Grown-Ups Were In Charge”

The Economist on the Reagan legacy in fighting the Cold War. Well put.

I Know This News Is Going To Shock You . . .

But Barack Obama is not a popular President:

President Barack Obama’s job approval rating is 48 - 42 percent, the first time he has slipped below the 50 percent threshold nationally, according to a Quinnipiac University poll released today. Support for the war in Afghanistan and approval of President Obama’s handling of the war also is down in the last month, and Republican support for the war is more than twice as strong as Democratic support.

[. . .]

“Although President Obama’s job approval rating is below 50 percent for the first time nationally, it is not statistically different from his 50 percent approval rating in October. Nevertheless, in politics symbols matter and this is not a good symbol for the White House,” said Brown. “Moreover, the percentage who approve of the way he is handling the economy has dropped from a split 47 - 46 percent approval in October to 52 - 43 percent disapproval today.”

No Words

It is more than a little disingenuous for Andrew Sullivan to claim that he “never stated anything about Palin’s pregnancy and took her at her word” that she is the mother of Trig Palin. As stated in the first comment to the story:

Sullivan’s attitude is too cheap for words. It’s clear he has never heard of the literary facility of “implication” . How stupid can you get to hide behind it. This person should be in a freshman english class in…high school.

Sullivan’s obsession with Palin makes Ahab himself look sane and reasonable. I mean, read this:

This is only the second time in its nearly ten-year history that the Dish has gone silent. The reason now is the same as the reason then. When dealing with a delusional fantasist like Sarah Palin, it takes time to absorb and make sense of the various competing narratives that she tells about her life. There are so many fabrications and delusions in the book, mixed in with facts, that just making sense of it - and comparing it with objective reality as we know it, and the subjective reality she has previously provided - is a bewildering task. She is a deeply disturbed person which makes this work of fiction and fact all the more challenging to read.

Three sentences later, we get this:

We want to be fair to her, and to her family, and to the innocent people she has brought into the spotlight.

Aha! So Palin is a “delusional fantasist,” she is peddling “fabrications and delusions,” and she is a “deeply disturbed person” who produced a “work of fiction,” but fear not! Sullivan wants “to be fair to her, and to her family.”

Isn’t the Atlantic embarrassed by now about its association with Andrew Sullivan, who has clearly gone off the rails? Isn’t it time to save what little is left of the prestige of the magazine by firing him? And I write this as a decidedly non-Palin fan; indeed, the two of them deserve one another.

I give you again the definitive biography of Andrew Sullivan.

UPDATE: Ace comments as only Ace can.

“Stop Complaining So Much!”

So pleads Congressman Emanuel Cleaver (D-MO). I can’t blame him for his effort; if I were a member of the majority party in Congress, I would want to get people to stop complaining as well. Failing to do so would not be good for my future job prospects, after all.

Fiscal Cognitive Dissonance

The President informs us that he is worried about rising U.S. deficits. Too much of this, we are warned, and we will suffer a double-dip recession.

Nice to hear all of this. Wonder where these ideas were as the President ran the budget deficit into the trillions with a worthless Keynesian stimulus package, and proposes to add even more debt on the shoulders of Americans with a budget-busting health care reform package.

Does the left hand know what the further left hand is doing in the Obama Administration?

UPDATE: I guess it shouldn’t surprise me that all of this newfound concern over the fiscal situation has to do with politics:

Mounting evidence that independent voters have soured on the Democrats is prompting a debate among party officials about what rhetorical and substantive changes are needed to halt the damage.

Following serious setbacks with independents in off-year elections earlier this month, White House officials attributed the defeats to local factors and said President Barack Obama sees no need to reposition his own image or the Democratic message.

Since then, however, a flurry of new polls makes clear that Democrats are facing deeper problems with independents—the swing voters who swung dramatically toward the party in 2006 and 2008 but who now are registering deep unease with the amount of spending and debt called for under Obama’s agenda in an era of one-party rule in Washington.

A Gallup Poll released last week offered a disturbing glimpse about the state of play: just 14 percent of independents approve of the job Congress is doing, the lowest figure all year. In just the past few days alone, surveys have shown Democratic incumbents trailing Republicans among independent voters by double-digit margins in competitive statewide contests in places as varied as Connecticut, Ohio and Iowa.

Obama’s own popularity among independents has fallen significantly, too. A CBS News poll Tuesday showed the president’s approval rating among unaligned voters falling to 45 percent — down from 63 percent in April.

“We withdrew from the accounts of voters and now we need to pay them back,” said Nathan Daschle, executive director of the Democratic Governors Association. “We are having these conversations right now about what independents need to see and hear.”

Presumably, if politics were not an issue, the White House and Democrats in Congress could continue spending the United States into oblivion.

Overestimating Chinese Power, And The State Of Sino-American Relations

A number of news sources–this is but one–are telling us that the Obama Administration has no standing to bring up Chinese human rights abuses, or complaints regarding currency issues, because China views America as a declining power, and will not take lectures from the United States seriously anymore. As a consequence of this view, the Obama Administration is soft-pedaling its traditional points of contention and dispute with the Chinese.

I understand that this view of China as the rising power, and the United States as the declining one is fashionable. It is also mistaken. Just as mistaken is the Obama Administration’s unwillingness to press forward on issues relating to American interests and values in the course of dealing with the Chinese.

While China’s power is certainly augmented vis-à-vis its position in the past, it is not even close to being a serious competitor to the power of the United States. I recognize that after the Cold War, and the years of unipolarity in which the United States was the sole superpower, the emergence of a new power could easily be confused with a commensurate American decline, but the situation is a lot more complicated than that. Contrary to popular belief, China is beset by a host of serious weaknesses, many of which are outlined in this article:

George Friedman holds up a recent Fortune magazine, his face a portrait of incredulity. The cover declares that China is buying everything, much as the Japanese were doing nearly two decades ago. The inside story is titled “It’s China’s world. (We just live in it.)”

“If China is so healthy, why is everyone there not investing in China?” he asks.

“The obvious question is: Why are they doing this? Fortune doesn’t remember that we saw this before. It’s called capital flight.”

Friedman, the founder and prime mover at Stratfor, goes on to point out some basic facts about the size of the U.S. economy relative to China’s.

Although we bemoan the loss of industrial capacity in the United States, for instance, we still manufacture more than China and Japan combined. And the United States still produces 25 percent of the world’s output. And our output is larger than the combined gross domestic products of the next three largest economies, Japan, China and Germany.

We simply don’t know our own strength.

“If we grow at 2.5 percent a year, China would have to grow at 8.2 percent just to keep the absolute gap steady. It will take generations for the Chinese to catch up,” he says.

Nor do we understand the deep poverty of China. He points out that China has a population of 1.3 billion people. Of that number, 600 million have an income under $1,000 a year. Another 440 million have incomes of $1,000 to $2,000 a year.

Only 60 million people have incomes of $20,000 a year or more.

[. . .]

China is not the threat it is made out to be. It has an Achilles’ heel of bad debt. Both its employment and output depend on external demand.

What’s worse, China has the same kind of demographic issues Japan has. The difference is that whereas Japan is experiencing its population decline now, China will see its population decline later.

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If people want to be concerned about something related to China, they can be concerned about the fact that the younger generation of Chinese are relentlessly nationalistic–much more so than their elders–and that once that younger generation takes power, assuming that it has not lost its nationalistic zeal, we could see an unbounded China throw Asia into some turmoil. But while China may have the ability to wreak havoc, it does not have the ability to realistically achieve superpower status on par with the United States. The conditions are just not there for China to be able to put itself on the world stage as an equal to America.

How does all of this relate to the Obama visit to China? Well, once we see that the Chinese are not all that and a bag of chips, it behooves us to ask why it is that the Obama Administration is–well, I won’t say “kowtowing”–walking on eggshells to ensure that it does not upset the Chinese. Because there may be a war between China and the United States? No one seriously thinks that such a conflict is in the offing, and to the extent that there are concerns, those concerns are likely assuaged by some cold hard facts informing us that–surprise!–China is no match for the United States militarily:

. . . experts say China is still decades away from challenging U.S. military’s preeminence. Its ground forces field 1980s vintage armor and suffer from significant shortcomings in command and control, air defense, logistics, and communications. Its air force, too, lags behind those of Western powers, though China flies about one hundred top-end Russian Su-27 warplanes and has contracted to purchase newer Su-33s, which are capable of carrier-based operations. China plans to build aircraft carriers domestically, but currently has none under construction.

We certainly shouldn’t be apathetic concerning the degree to which China poses a military/security threat to the United States, but many of the worries on this score are seriously overblown.

Are there concerns because the Chinese hold our debt? You know what they say: “When you owe the bank a million dollars, the bank owns you. But when you owe the bank a billion dollars, you own the bank.” Much as people like to think that the Chinese hold us hostage over our debt situation, the fact of the matter is that the Chinese cannot do anything damaging to the American economy without utterly annihilating their own economic prospects. It is not China that has power over the United States. Rather, it is the United States that has power over China.

We see, therefore, that despite the hype, China is not a peer competitor to the United States. If the Obama Administration were smart, it would have found a way to diplomatically make it clear to the Chinese that the latter are in no position to challenge American global hegemony, and that China’s prospects for future success and prosperity are dependent on its willingness to conform to American demands concerning economic and human rights issues. We won’t get everything we want out of the Chinese, but we would get significantly more compliance from them on policy issues that matter to us by emphasizing the gap between rhetoric and reality concerning the issue of China’s power.

Instead, the Administration acts as though it believes the hype concerning China’s rise as a global hegemon, and America’s commensurate decline. If the President and his team continue to find themselves mesmerized and bedazzled by the myths regarding Chinese and American power, they will run the risk of causing other important actors throughout the world to believe those myths, and to act accordingly. “The perception of power is power,” as the saying goes. By actually paying attention to, and propagating the facts concerning American and Chinese power, the Obama Administration could help bring about a fundamental reevaluation of the conventional wisdom regarding China’s and America’s respective prospects for global hegemony. Similarly, by buying into that conventional wisdom–without cause–the Administration will help foster perceptions of America’s rise and China’s decline, which could have deleterious prospects for America’s ability to influence events in the near and long term.

Remind Me Again . . .

Why do people consider the House health care reform bill to be a good piece of legislation? The facts clearly suggest otherwise, after all.

REAL Health Care Reform

Courtesy of Douglas Holtz-Eakin and Paul Howard. The amount of merit contained in these proposals is inversely proportional to the chances of these proposals being enacted into law, of course.

How Out Of Whack Are The Obama Administration’s Job Numbers?

Sufficiently out of whack that even Democrats are getting upset with the Administration:

A powerful House Democrat used unusually harsh terms to blast the Obama administration’s manipulation of stimulus data Monday night, and demanded an honest accounting of results from the $787 billion government program.

Rep. Dave Obey (D-Wis.), who chairs the House Appropriations Committee, took the administration to task for pervasive errors on the Web site designed to monitor disbursement of the stimulus funds. He called those errors “outrageous.”

“Credibility counts in government and stupid mistakes like this undermine it. We’ve got too many serious problems in this country to let that happen,” Obey said in a statement. “Whether the numbers are good news or bad news, I want the honest numbers and I want them now.”

There will likely be more of this. And the Administration now seems to have a serious political/public relations problem on its hands.

Death Sentences In Iran For People Who Believe In Democracy

I can’t say that I didn’t expect this. But just because one isn’t surprised does not mean that one cannot be shocked:

Iran has sentenced five people to death over the unrest that followed the country’s disputed June presidential election, state television reported Tuesday.

At least three others caught up in the turmoil have received death sentences previously.

Iran began a mass trial in August of prominent opposition figures and activists, accusing them of a range of charges from rioting to spying and plotting what authorities have called a “soft revolution” to topple the country’s Islamic rulers.

I know that the Obama Administration doesn’t like speaking out against the practices of the Islamic regime, but I think that both from a human rights angle, and from a realpolitik angle, the Administration cannot remain silent any longer.

Suppose A 9/11 Defendant Is Found “Not Guilty”

What happens then?

“I am absolutely convinced that Khalid Sheikh Mohammed will be subject to the most exacting demands of justice,” President Obama said in Tokyo. “The American people will insist on it and my administration will insist on it.”

Yeah, but that doesn’t answer the question. Let’s ask it again: Suppose a 9/11 defendant is found “not guilty.” What happens then?

Attorney General Eric Holder brushed off the question, saying, “I would not have authorized the bringing of these prosecutions unless I thought that the outcome — in the outcome we would ultimately be successful. I will say that I have access to information that has not been publicly released that gives me great confidence that we will be successful in the prosecution of these cases in federal court.”

“Brush[ing] off the question” is not the same as “answering it.” Let’s ask again: Suppose a 9/11 defendant is found “not guilty.” What happens then?

We asked White House press secretary Robert Gibbs what would happen if Ghailani is found not guilty?

Gibbs wouldn’t bite but the question is important. If he will be freed, that prompts questions of national security and whether civilian courts are as appropriate as other venues for such trials. If he won’t be freed despite being found not guilty that undermines the credibility of the trial.

“We will talk about what happens about a verdict when a verdict comes,” Gibbs said.

You get the feeling that either the members of the Obama Administration don’t know what the answer to that question is, or that they just don’t want to talk about it. I will leave it to readers to decide what is more worrisome.

- November 20, 2009 -

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