IN THE NEWS
As you might know from earlier posts (click here and here for examples), I don't believe that winning at counterterrorism requires abandoning normal legal and political processes. Far from it: cleaving to them often, as they were designed to do, produce better results than the hastily-concocted alternative. Fidelity to our own principles and procedures also has an important demonstration effect. We want to show audiences whom we're trying to move that we truly believe in and practice what we say about the universal value of democracy and the rule of law. Plus, of course, "we don't let the terrorists win" by getting us to rush into ineffective or counterproductive measures.
That's why the extradition hearing for Abu Hamza, a Muslim cleric who openly supports Osama bin Laden and other anti-Western Islamists, deserves more attention than it's probably getting. Yet again, the US government is faced with the choice between making the system in which we supposedly believe work, and taking some other "emergency measures." Yet again, we see the Bush Administration's representatives lean in the second direction before trying the first.
Hamza is a veteran of al Qaeda's campaign in Afghanistan, where he was literally battle-scarred, losing both hands and an eye. Among the 11 counts in the US indictment, he's accused of giving material support to a kidnapping plot in Yemen, attempting to set up an al Qaeda camp in Oregon (!!!), and advocating "hatred and violence toward the West and specifically the United States," which he derisively calls the "United Snakes of America."
Now, the other 10 counts are pretty bad, so I have to wonder, why throw in the eleventh, about advocating "hatred and violence"? Actions speak louder than words--or scream them, in Hamdi's case, if the US charges are backed with sufficient evidence. This eleventh charge is worse than gratuitous: it helps feed the anti-American propaganda machines. The editorials, sermons, and other forms of denunciation that result will use that raw material to good effect, focusing on the clumsy eleventh charge over the possibly substantive other counts in the indictment.
Here's, predictably, what the other side will say: The Americans don't believe in freedom of speech. How is it wrong to support those who stand up for the thousands, or millions, of Muslims who have died at the end of an American gun, whether the Americans or their Zionist allies wielded it? Wolfowitz, the real butcher of Baghdad, can't even remember the number of American soldiers who have died in their unjust war, let alone count the uncounted thousands of Iraqis who have died. And that doesn't include the thousands dead in Afghanistan, Palestine, and other places where Americans have waged their crusade against the believing Muslim.
As I said, it's not hard to guess what our ideological opponents will say. Therefore, why make their jobs any easier--particularly if we can enjoy a clear conscience as an added benefit?
Of course, the US attorneys may simply be trying to establish motive, or hoping to improve the odds of getting the extradition by citing Hamza's own words. However, this is where the First Amendment shows itself to be, yet again, one of the pillars of American politics. Once you start trying to shave it down too much--you can say these things, but not those; here's what words constitute support for terrorists, and these don't--the pillar may collapse. Terrorists and their supporters are careful with their words anyway, so if we outlaw particular types of speech that advocates or supports terrorism, they'll retreat behind a curtain of code words and phrases. (Actually, they already do.) Everyone who needs or wants to know what they mean will know, so the whole exercise in censorship by prosecution will have been pointless.
The US attorneys are standing on a swaying legal platform already. Other pillars of US legal procedure since 9/11 have been undermined by the torture of prisoners at Abu Ghraib and elsewhere, the headline-grabbing PR efforts of the Attorney General, the denial of access to government witnesses (as in the Moussaui case), and other Bush Administration actions that have, in toto, made it harder to convict terrorists. To quote one of the articles on the extradition hearings, Hamza's attorney hit the US case in all the obvious weak points:
Ed Fitzgerald QC, for Hamza, told the court that his client could not be guaranteed a fair trial in America and claimed that evidence likely to be used against him would be in contravention of his human rights since it had been obtained through torture and plea-bargaining from prisoners captured in Afghanistan..Mr Fitzgerald said: "He would not receive a fair trial because there is every likelihood that evidence gathered in circumstances that violate his human rights would be used." He told the court that US prosecutors would be likely to rely on statements from a detainee at Guantanamo Bay and other evidence gained through "torture or inhuman or degrading treatment".
The court also heard that Hamza's name was used in a presidential declaration of foreign terrorist suspects, which Mr Fitzgerald said "violates the presumption of innocence".
Plus, of course, the death penalty issue is a complicating factor. British judges are going to look at a Hamza's possible execution as a factor in their decision whether or not to release him to US custody. The more slipshod the American case looks, the less likely they will assent to the extradition request, if Hamda has to pay the ultimate price for his crimes.
Many Americans probably are tired of asking, Why do they hate us? Instead, they want to get on with the work of taking whatever immediate actions will make them safer from terrorist attack. That's fine, but in the process, they have to be clear-headed about what actually makes it possible to capture and convict terrorists. We also don't need to make the job of anti-American propagandists any easier.