Sept. 10, 2007
Opportunities Squandered Since 9/11
Andrew Cohen: U.S. Politicians Have Failed To Enact Legal Policies To Guide War Against Terrorism
-
Two columns of light symbolize the fallen World Trade Center towers in a tribute in light September 11, 2003 in New York City. (GETTY IMAGES/Chris Hondros)
-
Timeline In Terror's Wake A look at the major developments following the terrorist attacks of Sept. 11, 2001.
-
Interactive Global Terror Major terrorist organizations, the FBI's most wanted and facts and photos from recent attacks.
It took America 1366 days to win World War II. Yet in the 2192 days since the Twin Towers fell our political leaders not only have failed to resoundingly win the Battle of Baghdad, they haven't even been able to come up a constitutionally sound and comprehensive set of legal policies and practices to guide our systematic war on terrorism.
The legality of the National Security Agency's domestic spy program is in court and up in the air, challenged and perhaps headed for a Supreme Court showdown. The administration's latest plan - Plan C for those of you scoring at home - to try the Guantanamo Bay detainees through the use of military tribunals remains on hold because of its legal infirmities. Portions of the USA Patriot Act, revised, were struck down last week by a federal judge. It could take years more for that dispute to be resolved.
Good ideas, like establishing a wholly separate legal system to handle sensitive terror-related cases and causes, have been shot down without a fair hearing in the court of public opinion (never mind inside the White House). Terrible ideas, like allowing agents from the Federal Bureau of Investigation to determine when the private records of consumers can be poached from telecommunications companies, have rocketed through the corridors of power to become policy.
The Supreme Court, in 2004 and 2006, has had to intercede to tell the other two branches that they had zealously overextended themselves in violation of federal law and the Constitution. But the justices failed on both of those occasions to explicitly and positively shape the outcome of the profound debate over the extent to which the president may assert his powers as commander-in-chief. All they did was politely tell the White House what it could not do. And that was before Justice Sandra Day O’Connor, the pragmatist, was replaced by Justice Samuel A. Alito, Jr., a doctrinal supporter of the controversial "unitary executive theory" of presidential authority.
Lower federal judges, for their part, granted extraordinary deference to White House officials in the years immediately following the attacks. This occurred even when those officials came into court and argued the following: who are you going to believe when it comes to assertions of national security, me or your own eyes? It took years for the federal judiciary to stand up to the executive branch and begin to question - never mind actively reject - the bold and broad assertions made by law enforcement officials. And, even now, there are plenty of federal judges who remain eager to be on board with an administration that has exaggerated its legal positions over and over again under oath.
Meanwhile, when controlled by the Republicans, the legislators in Congress bowed down like ostriches before President George W. Bush. It was a complete abdication of their oversight functions. The USA Patriot Act, the first version, was enacted in the fall of 2001 without so much as a quick read by most lawmakers. Its revised edition, after much reflection, is only marginally better. And the 2006 Military Commissions Act, the latest formal effort by the Congress to interject itself into the legal fight against terror, was instead just another lawsuit-inducing sell-out to the Pentagon.
Under the Democrats, however, Capitol Hill has not become markedly more courageous or proficient in ensuring an appropriate balance between the branches and a reasonable and measured approach to legal doctrine against terrorism. They have time to investigate many examples of odious conduct on the part of White House officials. But they have little time, apparently, to push to change the Commissions Act, or the Foreign Intelligence Surveillance law, or to interject themselves assertively into the debate over the NSA surveillance program. This gotcha strategy may be productive politics, but it surely is not good governance six years on.
And the executive branch? Instead of seeking out consensus among its eager and willing co-participants in government - instead of convening, for example, a terror law summit - it has used the terror attacks to aggressively expand its own powers to the detriment of the other two branches. From the revolutionary use of presidential "signing statements" to try to change the meaning of federal laws, to the use of "extraordinary renditions" to steal terror suspects away to secret prisons, the White House has spent the past six years avoiding legal and political partnerships.
The attitude is perhaps best summed up by David Addington, one of the "true believers" inside the White House. The current chief of staff to Vice President Dick Cheney reportedly has said: "We're going to push and push and push [for greater executive branch power] until some larger force makes us stop." Given this approach, the results have been entirely predictable. For every success in the legal front against terrorism, there have been setbacks and delays. When you treat your friends - in Congress and the courts - like enemies pretty soon they become so.
The Justice Department? Since 9/11 it has been led by one man (John Ashcroft) who gave us the "20th hijacker" who wasn't and then later the "dirty bomber" who wasn't, and by another (Alberto Gonzales) who is among the worst in history. Instead of acting as an intra-branch check on the worst excesses of craven ideologues like Addington and John C. Yoo, Ashcroft and Gonzales and company just went along with the program, whatever the program happened to be and regardless of the legal soundness of the policies offered up. Loosen the reins on torture? Be our guest. Eavesdrop without a warrant, in violation of the Foreign Intelligence Surveillance Act? Go for it.
No one believes that the legal challenges presented by the aftermath of 9/11 were going to be solved quickly and easily. No one suggests that the dramatic changes our laws needed were to come without stark sacrifice. But if the past 2192 days have taught us anything, it is that our leaders, all of them, have made it far worse for themselves, and for us, by choosing confrontation over collaboration in the creation of a new legal order to best combat terrorism. Opportunities squandered; time wasted; avoidable conflicts blossomed. These are just more of the truly sad legacies of the saddest day of them all.
By Andrew Cohen
© MMVII, CBS Interactive Inc. All Rights Reserved.
More From CourtWatch
Best-selling author Mitch Albom on his first nonfiction work since "Tuesdays with Morrie."
- 1
- 2
- next
See all 26 Commentswhenever we have lost the will to persevere and fight a war to the fullest we have left messes like in Vietnam. When we have pesevered such as In Korea we have left behing healthy prosperous countries.
Andrew probably admires Abe Lincoln yet did more to violate the constitution than most presidents together as did FDR did in his support of the British before he had the legal right to and he went ahead with the rounding up of the Japaneese in America. Far worse than the worst things bush is accused of doing. FDR is Idolized by the left
Stop your whining, just put on the blue dress and go to the Oval Office, the Shrub wants you!!
Posted by nexgen99 at 12:18 PM : Sep 11, 2007
This article contained NOTHING about rules of engagement. Has it dawned on you that our troops are not fighting a war in Iraq - that they are a police force and as such can''t go full throttle. I can not even imagine the stress from keeping their guard up all the time in that environment when you are a target from all sides.
Please focus on rising American poverty, corporate greed, corporate politics, healthcare, medicare and civic (civil) discourse between our political parties.
Police Find And Defuse 1,300 Pounds OF Explosives Packed In Bus; Kurdish Separatists Suspected"
"Two Bombings In Algeria Kill At Least 50
North African Al Qaeda Affiliate Claims Responsibility In Both Attacks"
"Germany: Plot Targeted U.S. Facilities
German Officials: 3 Arrested For Plotting Attacks On U.S. Facilities"
"8 Arrested In Denmark; Terror Thwarted
Authorities: 8 Terror Suspects With Al-Qaida Links Arrested In Denmark, Attack Thwarted"
************
according to mr cohen, these incidents should be allowed happen becuase we have to maintian a sense of equality bestowed to our enemy.
that our current policies are preventing catastrophic incidents to occur, which is clearly UNFAIR.
that the bush administration is not giving the DNC enough opportunity to defend these people from doing such actions. (which according to osama himself, is not enough but the DNC MUST WORK HARDER TO DEFEAT BUSH)
ANDREW COHEN has the same kind of mentality that could be a bigger threat than radical islam.
I would not be suprised if these same people would be the very same people who would cry foul if and when we captured mohammad atta before the 9/11 incident.
This liberal media is recklessly stoking the mindless liberal masses into thinking that there is something "fishy" going on with out government. If there is, is the DNC that incompetent that they cannot find out or do anything about it?? several allegations had surfaced..a lot of secrets were given away to our enemy..BUT NOTHING WITH MEAT TO IMPEACH..all it does is stir this big colderon of liberal *sh*t into an even more thicker sh*t..in the end..it will boil all over them.
all federal judges should be elected and held accountable to the populous. They certainly haven''t interpreted the simply written constitution written by our forefathers! The bill of rights is no longer unless some guilty party wants to invoke it after having broken it! The president and his men are an embarressment. The Dems and Repubs are fools and don''t deserve the respect given, certainly not earned. If we don''t do something to take our country back, Mr Cohen will republish his article in six years!
Terrorism is indeed an urgent threat. The covert Bushies provided Osama bin Laden with billions of dollars and terrorist training. Not only did they teach the hated New York liberals the Pet Goat Lesson, they launched Anthrax attacks against hated liberals to make sure that they could ram their power grab through. Yoo and the others were already in place before the attacks. The frightened American sheep fell for it every time. Paul Wellstone and many other Americans paid the price, and no one even noticed.
Cohen is right. The rule of law no longer exists in America. But that doesn''t mean you shouldn''t fight back.
Then we might get some laws passed that can actually do something besides land in court over constitutional infringments.
The reps have proven to be USELESS LAWBREAKERS. They had both the whitehouse and Congress and what have they done? Are we ready for another attack? NO!
Everything they have tried has ended up in court. They are a bunch of pathetic, power hungry, Israeli stoodges THAT HAVE ACCOMPLISHED ONLY DEATH AND DISASTER.
It is time to get rid of the whole lot and put in place people that can actually accomplish some good!!!!!
SIG HEIL, BUSH!!!!
THE BUSH ADMINISTRATION DECIDED THAT GOING AFTER SADDAM (THAT BAD-BAD MAN IN IRAQ) WAS MORE IMPORTANT THAN GOING AFTER THE MAN WHO MURDERED OVER 3,000 AMERICANS.
AT LEAST, THE IRAQI PEOPLE ARE SAFE. HMMMMMM.
STAY THE COURSE.................
Thank goodness....that I am one of the liberals. Otherwise from whence would I glean my optimism or hope?
We do need to get back to the Constitution in this country.
If the vomit you are spewing is correct..how come we are not arresting reporters that speak against bush? how come we dont have american citizens being jailed because of he/she was caught from a warrantless wiretapping??
Again, I guess osama''s tape is correct.. these people are not working hard enough to convince the nation and the world to just open up and convert and submit to allah''s will.
In the end, a liberal''s sucess would mean a wet dream from osama and other cleric''s who is dependent on people like mr cohen. It would just make terrorism a lot easier..lets learn from mr carter.
Where was God on Sept 11th? He was glued to the TV set to the horror that was unfolding. His heart was breaking to the scenes that where taking place. He was unable to force what man should do in his decisions. He is open to the hearts that respond to the truth that they are loved. He is opened to the people wanting His will. There are some who want there own will and you see where that gets us a 911!
Go back to your Osama god cave and help him if you wish but don''''t do it in America.
Posted by rushlimpdrug at 09:20 PM : Sep 10, 2007
+ report abuse"
***********btw..it would take a moron like you to say that the likes of mohammad atta is an american...***************
get off the weed so you can focus...
+ report abuse
******
your problem is..you been safe and comfortable in your parent''s basement smoking pot and watching mtv. oh well..you need a reminder..work harder on convincing this country that terrorism does not exist and let our guard down..and he will thank you personally.
Posted by lucasnico at 09:35 PM : Sep 10, 2007
+ report abuse
****
there IS a plan..it just that the liberals DOES NOT AGREE WITH IT.
AND YOU KNOW WHY THEY DONT AGREE?,,why dont you listen to the latest osama tape..he pretty much state the promises the dnc made to osama..YOU KNOW A PLAN THAT OSAMA TENDS TO AGREE WITH.
The liberals, the DNC and the liberal masses wants a plan pretty much like the plan we have prior to 9/11..ignore and deny..IGNORE AND DENY..
germany and denmark is done with IGNORE AND DENY..they are cracking skulls now.
- 1
- 2
- next
See all 26 Comments