After OBL: McGovern/Jones Push for Real Withdrawal Plan

Following the killing of Osama bin Laden in Pakistan, the floodgates opened in Washington this week for reconsideration of U.S. plans to continue the open-ended war in Afghanistan.

Now Representatives Jim McGovern and Walter Jones have introduced the "Afghanistan Exit and Accountability Act," bipartisan legislation that would require the President present to Congress a timetable for the withdrawal of U.S. troops and a clear end date for the war. It would require the President to submit quarterly reports to Congress on the progress of troop withdrawal, as well as the human and financial costs of continuing the war. The President would also have to report how much money U.S. taxpayers would save if the war were brought to an end in six months, instead of five, ten, or twenty years.

 

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Barbara Boxer: Champion in the Senate Against the Afghanistan War

If you've ever spent quality time trying to move an agenda through Congress, you know that moving an agenda isn't just about lobbying individual Members. You need a "champion" for your issue. The champion introduces your bill. The champion recruits other offices to sign up. The champion introduces an amendment that carries the same idea as the bill and lobbies other Members to vote for it. The champion circulates letters to other offices. The champion raises the profile of your issue in the media.

When Wisconsin Senator Russ Feingold lost his bid for re-election, advocates working to end the war in Afghanistan lost their champion in the Senate. It was Feingold's office that introduced the bill, introduced the amendment, circulated the letter, led the lobbying of other offices, led the charge in the media.

Now California Senator Barbara Boxer has re-introduced Feingold's bill requiring the President to establish a timetable for the withdrawal of U.S. troops from Afghanistan - a timetable with an end date. So far, Senators Dick Durbin, Tom Harkin, Kirsten Gillibrand, and Sherrod Brown have signed on as co-sponsors of Senator Boxer's bill.

 

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March Madness Strikes the Terror Debates

The Wall Street Journal is absolutely right thatLindsey Graham is tossing up an embarrassing air ball. Graham's effort to get the administration to abandon legitimate federal court trials for suspected terrorists in exchange for the funding needed to close Guantanamo Bay is headed nowhere fast, predicts the Journal.

As I've noted before, Graham doesn't have support for his scheme from either side of the aisle.

Senators with any respect for the U.S. justice system, let alone real concern for national security, know that it's absurd to bargain away the requirement that the 9/11 suspects get a legitimate trial. That means a trial that not only convicts the guilty but reveals what really happened when the United States was ruthlessly attacked on September 11, 2001, and showcases our respect for the rule of law over brutality and political expedience. After all, the US constitution is no bargaining chip - it's survived 223 years, through war and peace, for good reason.

Richard Durbin (D-Ill.), Russell Feingold (D-Wisc.), Patrick Leahy (D-Vt.) and others know that any cheap political points lawmakers might score by abandoning American principles will come back to bite them - particularly if military commission convictions are reversed on appeal. They'll be even more embarrassed when the country looks back a few years from now and wonders how Congress came to abandon the most basic American principles because it was cowed by a handful of thugs eager to be seen as warriors for Allah martyred by the United States government.

Lawmakers speaking out against civilian trials, meanwhile, are so intent on undermining the Obama administration, regardless of their impact on national security, that they're obstructing justice to score political points. Not only do they oppose federal trials, but they won't agree to closing the prison camp at Guantanamo Bay so long as President Obama remains in office. No matter that scores of military leaders, in addition to former President George W. Bush and Senator John McCain - when he was a presidential candidate - agreed that Guantanamo must be shuttered.

So the Journal's right that Graham can't possibly deliver victory on his proposed compromise. But the paper's conclusion -- that military commissions are the place for KSM & Co. to go -- is based on assumptions wholly divorced from the facts.

Military commission proceedings "since September 11 have been serious and even-handed," writes the Journal in its endorsement of those trials.

Really? Three convictions in eight years - only two of which followed trials that were even contested -- hardly backs that claim up.

Take the case of Salim Hamdan, who military prosecutors characterized as a "hardened Qaeda member" and bin Laden's right hand man. The military jury acquitted Hamdan of all conspiracy charges and three of eight charges for "material support for terrorism." The result was a sentence of only five and a half years - most of which he'd already served. And that was a case that government officials had said was "one of their strongest" against any of the Guantanamo detainees, as reported in the Wall Street Journal.

Meanwhile, federal prosecutors have convicted more than 195 terrorists in federal court.

Even Brookings Institution fellow Benjamin Wittes and former Bush administration official Jack Goldsmith, writing in the Washington Post last week, acknowledge the weakness of the military commissions. The two note that "serious legal issues remain unresolved, including the validity of the non-traditional criminal charges that will be central to the commissions' success and the role of the Geneva Conventions." Sorting out those issues "will take years and might render them ineffectual," the authors add. They also note that the commissions lack international legitimacy.

Wittes' and Goldsmith's solution, however, is even worse than the Journal's. "Don't bother trying them at all," the two scholars pronounced. "Domestically, the political costs of trying high-level terrorists in federal courts have become exorbitant," they argue, while the "public relations and related legitimacy benefits" of a military commission trial aren't great, either.

So there we have it. Whether and how to try a group of men who are believed to have orchestrated the worst terrorist attack and mass murder ever on U.S. soil has come down to a question of pure politics. "It is time to be realistic about terrorist detention," write Wittes and Goldsmith, and to concede that the time has come to do away with our quaint notions of justice in favor of a new system of indefinite detention without trial. That should be supported, they argue, with new legislation codifying its legitimacy in U.S. law.

To be sure, that's been the de facto response to many of the suspected terrorists held at Guantanamo Bay for the past eight years.

A similar course was briefly considered after World War II, when Winston Churchillreportedly told Joseph Stalin that he'd rather just execute Nazi leaders upon their capture. Stalin, of all people, insisted that they deserved a trial.

Historically, the United States has prided itself as being several steps above Stalin in terms of its respect for the rule of law. But these latest proposals make one wonder just how low some American opinionators and policymakers may be willing to sink.

CPT Matthew Hoh, Bless You For Setting The Pace

Cross-posted at Docudharma, MyDD, Open Left, Firedoglake.

From WaPo, October 27, 2009:

A former Marine Corps captain with combat experience in Iraq, Hoh had also served in uniform at the Pentagon, and as a civilian in Iraq and at the State Department. By July, he was the senior U.S. civilian in Zabul province, a Taliban hotbed.

But last month, in a move that has sent ripples all the way to the White House, Hoh, 36, became the first U.S. official known to resign in protest over the Afghan war, which he had come to believe simply fueled the insurgency.

"I have lost understanding of and confidence in the strategic purposes of the United States' presence in Afghanistan," he wrote Sept. 10 in a four-page letter to the department's head of personnel. "I have doubts and reservations about our current strategy and planned future strategy, but my resignation is based not upon how we are pursuing this war, but why and to what end."

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Patriot Act Revisitation

Crossposted from Hillbilly Report.

Several provisions in the Patriot Act will be coming up for re-authorization this week. Now, I believe the Patriot Act was a big scam, and was pushed across on the American people to cover up for the fact that the Bush Administration was completely incompetent in the runup to 9-11. No rights needed to be stolen for them to be presented with a memo entitled "Bin-Laden Determined to Strike in the United States" a full month before that attack. Unfortunately our President at the time felt it was more important to stay on vacation.

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