It happened in the immediate aftermath of September 11, 2001, when all was
anger, fear, confusion and a strange kind of determination to go on as if
nothing had happened. Amidst it all, I was supposed to write a column. More
daunting, it was supposed to make sense. What's an inky wretch supposed to
do in those stunned circumstances?
Plagiarize, of course. Excuse me, adapt a line from an earlier time. And
what better source than the ever energetic Teddy Roosevelt? He, too, had had
to deal with bandits in a faraway country. In his time, specifically 1904,
an American businessman of uncertain citizenship, Ion Perdicaris, had been
kidnapped in Morocco by the last of the Barbary pirates, the Sherif Ahmed
ibn Muhammed Raisuli. (Now there's a name to conjure with!)
TR reacted just as one would expect TR to react. He dispatched (1) a naval
squadron to Tangier, and (2) a point-blank telegram laying down his terms in
plain English: "Perdicaris alive or Raisuli dead."
It apparently worked. After a good deal of confusion and intrigue, not to
say comedy, Perdicaris came home to a White House reception.
In 2001, the culprit had a name soon to become all too familiar to
Americans: Osama bin Laden, and there was nothing comic about him. He was
thought to be somewhere in the fastnesses of Afghanistan at the time (and
may still be) under the protection of the Taliban, just as Raisuli had
operated in the Rif under the only nominal jurisdiction of the sultan of
Morocco.
Borrowing a leaf from Teddy's book, I wrote a column suggesting that
American policy ought to be just as simple and clear and concise as TR's:
Osama alive or the Taliban dead.
Bully! Another column out of the way.
But wait. Between the writing and the syndication, there is always a pause
if you have a good editor. Mine at the syndicate explained that there was a
problem.
Oh, what was that?
Well, not that he necessarily agreed with his boss, but she'd noted that
Osama bin Laden and his gang, aka al-Qaida, hadn't been formally identified
as the perpetrators of this horror. So how could I write that they were
responsible for the attack on the Twin Towers merely because it was obvious?
I controlled myself. Or tried to.
I chose to meditate on the final scene in "The Bridge on the River Kwai,"
and Alec Guinness as the correct British colonel who'd completely lost touch
with the larger reality, i.e., the war he was supposed to be fighting. In
the end, he can only watch in horror and dismay as the fine bridge he's had
his troops build for the enemy is destroyed in an Allied commando raid.
His is a madness within the greater madness that is war.
Of all the characters in the movie, just who was craziest is left up to the
audience to mull. But the final words of the film recur to me with some
regularity these days: Madness, madness. Madness!
I remembered those words on being told of the risk I was running in accusing
Mr. bin Laden of this crime without proper documentation. After a polite but
pointed conversation with my editor's editor, the column's reference to
Osama bin Laden was retained.
Still, it would have been a consummation devoutly to be wished if Mr. bin
Laden had shown up in this country to file suit for libel. What a pleasure
it would have been to meet him, complete with a welcoming committee from the
CIA, FBI and 101st Airborne, and maybe even get a chance to interrogate him
- excuse me, interview him - en route to Guantanamo.
An impossible fantasy, of course. For one thing, it would have meant denying
the accused a writ of habeas corpus, and after Hamdan v. Rumsfeld, who knows
what this Supreme Court might have to say about that?
Congress has just passed another statute authorizing military commissions in
hopes of meeting the new requirements laid down by the Supreme Court.
There's no telling if the court will OK the use of such military tribunals
even though Congress now has approved them. After all, the Supreme Court has
just ignored the couple of hundred years of legal precedent on which
military commissions are based. (An American commander named Washington
relied on them in his time.)
Whenever I come across the argument that such tribunals are
unconstitutional, and the war on terror ought to be conducted by litigation,
I think:
Madness, madness.
To borrow another phrase, this one from the Hon. Robert Jackson, late an
associate justice of the U.S. Supreme Court, let's not confuse the
Constitution of the United States with a suicide pact. Thank goodness
Justice Jackson's generation didn't.
As if the GIs caught in the Battle of the Bulge didn't have enough problems,
suppose they'd had to supply every German prisoner they took with a lawyer
to file a writ of habeas corpus on his behalf - including those unlawful
combatants caught in U.S. Army uniforms, the better to confuse and misdirect
American forces. Yep, that's just what the laws of warfare now need: another
incentive to take no prisoners.
Madness, madness.
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