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Friday, October 27, 2006
Paul Greenberg :: Townhall.com Columnist
Madness, madness
by Paul Greenberg
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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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Death wish, death wish
"Yep, that's just what the laws of warfare now need: another incentive to take no prisoners."

And then prosecute and execute the soldiers who kill the bastards rather than take them alive.

We are doomed.











Madness, Madness
There is one thing I blame Americans for, in this war in Irak: they took Sadam Hussein alive. That picture of him, long haired and long bearded, inside of a hole, shows the exact place where he should have been shot right between his evil eyes. Kaput. The same should have been done to Osama bin Laden. They should have tracked him down and put an end to him. "Oh, but that is not nice", namby-pambies will say. Nobody ever said that war is a nice thing. General Sherman put it quite correctly, when he said that "war is cruelty", and that it cannot be praticed in a gentle way.

If you subscribe to...
...the phony notion that a "person is innocent until proven guilty",you start down this road of madness.What that slogan should say is"we can not punish a person until he is proven guilty in a court of law under the rules of that court".We cannot fine him,we cannot jail him,and we cannot execute him.And along these lines,juries do NOT find people "innocent".They can only find the accused guilty or not guilty.Guilty if the the State has proven it's case or not guilty if the State has not proven it's case.

It is very common for reporters,in reporting the outcome of a trial,to say"the jury found the accused innocent of the crime",blah,blah,blah.Nonsense. They spread this error.Meanwhile,the rest of us are perfectly free to THINK what we want,and in most cases,to state so,as long as we don't punish the individual.

After saying all that,a war,on the other hand,is an entirely different business.This confusion is a mark of the uneducated,no matter how many college degrees they have.

Nam65-66
Excellent explanation of "innocent until proven guilty". Without such an application, the criminal justice system could not execute warrants, determine whether or not to impose bail, release on recognizance, etc.

Innocent until proven guilty only holds in the trial, itself, not in the lead up to the trial.

I teach high school
I frequently have to tell my students that you are innocent if you didn't do it; and guilty if you did. Proof only relates to legal puishment. This is a concept that they have never heard before.

Innocent isn't a legal concept
Bin Laden has admitted to 911, it's on a video tape.

Out here in the mainstream of American thought, there can't really be anyone who presumes bin Laden to be "innocent until proven guilty". That concept only applies inside the courtroom and it's a rebuttable presumption.

Regardless of the legal niceties that for some unfathomable reason a significant minority of Americans want to bestow on terrorists, I say treat terrorist combatants as we did in ALL other wars: detention for the duration.

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