Return with us now to those thrilling days of yesteryear, when from out of the past come the thundering words of a constitutional law professor who promised us he was going to put an end to the callous disregard for the law of that bring-em-dead-or-alive cowboy George W. Bush.
Were going to close Guantánamo! shouted Barack Obama to the San Antonio crowd that day in 2007. And were going to restore habeas corpus. . . . Were going to lead by example, by not just word but by deed.
The deed, as it has turned out, included not very much habeas but a lot of corpus. Obamas alternative to sending suspected terrorists to the federal prison at Guantánamo Bay has been to kill them, by the hundreds and perhaps thousands.
The death toll in Pakistan alone, by the count of the New America Foundation, last week stood somewhere between 1,456 and 2,372 since Obama took office.
The vast majority of those killings were done by aptly named Predator drones, which piloted by remote control from CIA and Pentagon command rooms back in the United States slowly cruise the skies of the Middle East looking for targets to attack with their even more aptly named Hellfire missiles. (Though former CIA attorney John Rizzo helpfully explained in an interview last week that the Obama White House sometimes likes to keep things old school: The Predator is the weapon of choice, but it could also be someone putting a bullet in your head.)
Obama has launched over 250 drone attacks during his three years in office, more than six times as many as the lawless yahoo Bush ordered during his entire presidency. And to say Obama launched them is not merely a figure of speech; a lengthy New York Times story last week detailed how the president personally approves the target of every attack at cozy little White House meetings known as Terror Tuesdays.
The president shuffles a stack of biographies and photos that some participants in the meeting compare to baseball trading cards, bringing to bear not only his mighty intellect but his refined moral sensibilities (a student of writings on war by Augustine and Thomas Aquinas, the awed New York Times reporters wrote) before deciding who goes onto whats known, with chilling lack of euphemism, as the kill list.
There are actually two separate kill lists, one compiled by the Pentagon and another by the CIA, using different legal criteria, which conveniently allows administration officials to shop around for the best forum in which to get their targets approved. And what are those differing criteria? In fact, just where in the U.S. Constitution or legal code is the authority that allows the president to appoint himself judge, jury and executioner?
Well, nobody knows. The Obama administration has classified all its legal memos and opinions used to justify the killings and has successfully beaten back every attempt to force their disclosure. Curiously, Obama had a very different perspective on the Bush administrations legal opinions on interrogation techniques that looked a lot like torture: He quickly declassified them, even though six former CIA directors begged him not to.
After two decades as a foreign correspondent, much of it spent covering nations that bore the United States ill will, Im no utopian when it comes to American self-defense or compliance with international law. There are people out there who mean to do us harm, operating from countries that cannot or will not do anything about them. I didnt get too weepy about the death of Osama bin Laden, and Im sure a lot of the people to whom Obama has sent Hellfire greeting cards richly deserved them.
But is this really the world we want, one where murderous drones orbit the skies over a big chunk of the earth, periodically blowing somebodys head off? Of course we wanted to kill Osama and a few of his top lieutenants. But were there really 2,372 of them?
The answer is unequivocally no. Already the president has moved beyond targeted strikes that is, attacks on specific individuals against whom we have some evidence of terrorist activities to signature strikes, in which we obliterate people who look like they might be terrorists, with heavy emphasis on the might.
The White House policy in effect counts all military-age males in a strike zone as combatants, according to several administration officials, unless there is explicit intelligence posthumously proving them innocent, reported The New York Times. And no, it didnt mention any posthumous CIA techniques for bringing the innocent back to life. I guess Augustine and Thomas Aquinas didnt cover that.