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"[T]his war has been lawyered to death"

Submitted by Simon on Thu, 09/06/2007 - 6:01pm

According to Glenn Reynolds and Ed Whelan, Jack Goldsmith's books is hardly the devastating insider espose you'd think from the initial reaction in the leftosphere:

Many people think the Bush administration has been indifferent to wartime legal constraints. But the opposite is true: the administration has been strangled by law, and since September 11, 2001 this war has been lawyered to death. ... In my two years in the government, I witnessed top officials and bureaucrats in the White House and throughout the administration openly worrying that investigators acting with the benefit of hindsight in a different political environment would impose criminal penalties on heat-of-battle judgment calls. The[y] ... did not believe they were breaking the law, and indeed they took extraordinary steps to ensure that they didn't. But they worried nonetheless because they would be judged in an atmosphere different from when they acted.... Why, then, do they even come close to the legal line? ... Why not play it safe? ... [Because] play[ing] it safe before 9/11 ... contributed to the paralyzing risk aversion that pervaded the White House and the intelligence community ... [before 9/11, which] made playing it safe no longer feasible.

Whelan concludes with an observation that ought to sober the nutsroots; even if you elect a Democrat, don't look to them to roll back what this administration has done. "If anything, the next Democratic President — having digested a few threat matrices, and acutely aware that he or she alone will be wholly responsible when thousands of Americans are killed in the next attack—will be even more anxious than the current President to thwart the threat….”"

The secret Reid doesn't understand.

In my post "The 'war' is a cover", I point out that Democrats who insist the war is about illegal invasions, the fallacy of pre-emption, Rovian designs to drive Liberals crazy and requiring soley the alternative strategy of police action and UN sanctions to contain real global threats are barking up the wrong tree. The last election was not about the quick exit from Iraq or a repudiation of how most intelligence experts see the world.

I don't expect Hillary to castrate Executive power or discredit the concept of military force when other options have run their reasonable course. Based on what I think Clarke and others told Hillary during the Clinton years, a long struggle is on the menu for the West regarding terrorism and the nexus of WMD and extremist/criminal organizations. Most Democratic candidates foresee an extended stay in Iraq and our leading General seems opposed to troop cuts now in Iraq. I ask M.R. to give us his fiction of where we would be now had the US not removed Saddam and followed what the nutroots think is in order.

I haven't heard one Democrat defend Bush's remarks to Roh (nor say good job), while claiming for months that Bush had forgotten the "other" North Korean nuclear programs. Instead, North Korea responded and invited the US, China and Russia to inspect those programs and promised to verify their closing by the end of the year. The Democrats would like all to see the world in their vision of black and white, but I wouldn't expect Hillary or even Obama once elected, to drink the Kool Aid. The burden of terror will be upon their backs and they will need bi-partisan support to respond to attacks. They are coming. Every candidate knows it and so does a waking Europe.

Yeah, that sounds about right,

"If anything, the next Democratic President ? having digested a few threat matrices, and acutely aware that he or she alone will be wholly responsible when thousands of Americans are killed in the next attack?will be even more anxious than the current President to thwart the threat?.?"

At least in the sense that the Democratic candidate will not go as far as the nutroots and far-left want, and move away from the overall post 9/11 paradigm. Reasonable safeguards will be in place, as they should, but at the end of the day, for all the complaints about the Patriot Act, not much will really be taken out.

"In the world you will find tribulation, but be of good cheer, for I have overcome the world."

John 16:33

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