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The White Paper and its Critics

Monday, February 11th, 2013

Someone for reasons unknown last week leaked the classified Department of JusticeWhite Paper” on targeting with drone attacks the numerically tiny number of US citizens overseas who have joined al Qaida or affiliated groups. The leak set off an outburst of public debate, much of it ill-informed by people who did not bother to read the white paper and some of it intentionally misleading by those who had and, frankly, know better.

Generally, I’m a harsh critic of the Holder DOJ, but their white paper, though not without some minor flaws of reasoning and one point of policy, is – unlike some of the critics – solidly in compliance with the laws of war, broader questions of international law and the major SCOTUS decisions on war powers. It was a political error to classify this document in the first place rather than properly share it with the relevant Congressional committees conducting oversight

Here it is and I encourage you to read it for yourself:

Lawfulness of Lethal Operation Directed Against a US Citizen Who is a Senior Operational Leader of al-Qa’ida

Much of this white paper debate has been over a legitimate policy dispute (“Is it a good idea if we use drones to kill AQ terrorists, including American ones?”) intentionally being mischaracterized by opponents of the policy (or the war) as a legal or constitutional question. It is not. The law is fairly settled as is the question if the conflict with AQ rises to a state of armed conflict, which SCOTUS dealt with as recently as Hamdi and for which there are ample precedents from previous wars and prior SCOTUS decisions to build upon. At best, framed as a legal dispute, the opponents of the drone policy would have a very long uphill climb with the Supreme Court. So why do it?

The reason, as I discern it, is substituting a legalistic argument and judicial process (“FISA court to decide drone killings”) to conceal what is really a debate over American war policy   and the President’s war powers in order to accrue domestic political advantage or at least avoid paying the costs of advocating a potentially unpopular position. Otherwise, opponents have to argue on the merits that the US should not as a matter of policy kill al Qaida terrorists sheltered by Pakistan or beyond the reach of government control in Yemen. Or that we are not “really” at war or that Federal judges are better suited for picking bombing targets than Air Force and CIA analysts and that “due process” should apply to enemy combatants on the battlefield. Many of these arguments are valid ones to raise and debate but are unlikely to be persuasive to the public or Congress; if they were, they would have prevailed in 2010 (drones) or 2001 (“are we at war?).

A straightforward legal analysis begins and stops with ascertaining whether or not we are in a state of armed conflict with al Qaida. The white paper used a “kitchen sink” approach to try and cover all legal bases, perhaps to create a basis for a later freewheeling peacetime use of armed drones – which incidentally, I am not in favor of – but it is not required here and actually distracts from the strongest legal argument – the administration is lawfully fighting an enemy in an armed conflict declared by Congress.
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If we are in an armed conflict under international law with al Qaida – and the evidence appears here in fact, legislative action, context, historical and legal precedent to be overwhelming – renders most of the other justifications cited in the white paper for the policy regarding due process as well as nearly all of the criticisms of it moot, at least in terms of legality. Wartime enemy combatants are in a qualitatively different legal status vis-a-vis the United States government acting as a belligerent than are non-combatants or are civilians in peacetime (even civilians who commit criminal acts). No American citizen has a right to pick up arms and join an enemy army or armed group during a war, period. Or a subsequent right to be treated as anything but a combatant if they do. Combatant status is not determined by nationality under international law but by behavior and adherence to a belligerent party’s military forces and their physical disposition ( hors d’ combat, in the act of surrender etc.).
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American citizens fought in enemy armies, notably the Wehrmacht and Waffen-SS, against the United States in WWII and a handful defected to the enemy in the Korean and Vietnam Wars. While some of these men were tried for treason after these wars ended, others were treated as enemy POWs or simply allowed to come home at a later date, but none were accorded judicial due process *during* the conflict as potential targets of an American military attack. Only after capture, as with the saboteurs in the Ex Parte Quirin case, did judicial review and due process come in to play.. We see a similar phenomena with the Civil War where, even under the Lincolnian theory that the Confederacy merely represented “Combinations too powerful to be suppressed” (i.e. a private insurrectionist conspiracy and not the states themselves as corporate, legal, sovereign entities in rebellion), we do not see SCOTUS insisting on normal, civilian, judicial due process in Ex Parte Milligan except where “civil courts are in operation” (i.e. away from the battlefield). This was to prevent the application of martial law in civilian areas in the North, not to stop martial law in theater or occupational zones.
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Had this issue of due process for active enemy combatants been raised during WWII or even Vietnam, it would have been likely (and properly) regarded by US officials as ludicrous; if true, the logic would imply that enemy units could immunize themselves from attack (or substantially delay them)  by recruiting American citizens into their ranks. It would also beg the question why the US could lawfully bomb enemy targets and risk killing American POWs via collateral damage, but not directly target enemy fighters who happened to be American citizens. It would further beg the question why it would be lawful to indirectly target an American citizen in a group of enemy fighters with, say, artillery or gravity bombs from 52,000 feet but be an unlawful violation of due process to aim at him directly with a drone missile or a sniper rifle. Is a Marine rifleman who happens upon Adam Gadahn in Afghanistan and kills him therefore an “assassin” (to use Glenn Greenwald’s description of targeted killings) to be charged with murder?
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Even as a matter of “due process” (!) – never mind fighting a war – how could this legal argument possibly make any sense? What precedent under military law or international law from prior conflicts supports it?
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How would inserting judicial review – even SCOTUS – over operational planning and target selection as a step in the President’s exercise of his Constitutional authority as Commander-in-Chief likely to affect the Separation of Powers? This is not a trivial question – in military terms it is analogous to the judiciary usurping the position of the Rules Committee in the House of Representatives over legislative matters. How would this innovation impact our ability to fight our next war or wars?
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Much like the white paper’s lengthy, but entirely irrelevant discourse into the nature of threat “imminence” and “breadth”, this argument is sheer invention if a state of armed conflict with al Qaida exists. Most criticisms and not a few of the white paper’s own legal justifications consist of novel restraints alien to the historical practice of states prosecuting an armed conflict that we would be extremely unwise to adopt and sanctify as precedents for waging future wars.
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Let us take one of the more intellectually serious and responsible expert critics as an example, Steve Vladeck of American University. Not everything he has to say in his lengthy post is wrong and I even agree with some of his points, but things like this strike me as specious, or at least a very weak reed upon which to rest an argument that alters the constitutional balance:
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….First, many of us who argue for at least some judicial review in this context specifically don’t argue for ex ante review for the precise reasons the white paper suggests. Instead, we argue for ex postreview–in the form of damages actions after the fact, in which liability would only attach if the government both (1) exceeded its authority; and (2) did so in a way that violated clearly established law. Whatever else might be said about such damages suits, they simply don’t raise the interference concerns articulated in the white paper, and so one would have expected some distinct explanation for why that kind of judicial review shouldn’t be available in this context. All the white paper offers, though, is its more general allusion to the political question doctrine. Which brings me to…

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Second, and in any event, the suggestion that lawsuits arising out of targeted killing operations against U.S. citizens raise a nonjusticiable political question is almost laughable–and is the one part of this white paper that really does hearken back to the good ole’ days of the Bush Administration (I’m less sold on any analogy based upon the rest of the paper). Even before last Term’s Zivotofsky decision, in which the Supreme Court went out of its way to remind everyone (especially the D.C. Circuit) of just how limited the political question doctrine really should be, it should’ve followed that uses of military force against U.S. citizens neither “turn on standards that defy the judicial application,” nor “involve the exercise of a discretion demonstrably committed to the executive or legislature.” Indeed, in the context of the Guantánamo habeas litigation, courts routinely inquire into the very questions that might well arise in such a damages suit, e.g., whether there is sufficient evidence to support the government’s conclusion that the target is/was a senior operational leader of al Qaeda or one of its affiliates…

My first criticism would be that Vladeck’s premise that the question of a targeting decision of an American citizen who is a senior leader of al Qaida during a state of armed conflict who is active outside the territory of the United States is a matter for adjudication by US courts is incorrect. He is essentially arguing that the political question doctrine does not cover the exercise of the Constitutionally specified war-making powers of the executive and legislative branches during a war. I am highly skeptical this is an argument any Supreme Court would entertain lightly, much less the Roberts Court.
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My second criticism is more practical – that Vladeck in seeking judicial review of the decision process by which an American citizen is determined to be senior or not senior leader in al Qaida leadership is a distinction without a difference from a court having a priori judicial review of the larger military operation in wartime but with the added detriment of exposing the intelligence process, to discovery. Targeting decisions involve assessment of intel about the target from a variety of perspectives – confidence, effect, probability of success/costs and the “fusion” of (usually) USAF and IC in a targeteering shop. Why  judicial scrutiny should apply only to drone strikes targeting a specific US citizen among other al Qaida operatives in wartime vice simply bombing an al Qaida safe house in which a US citizen might be employs a legal reasoning that is obscure to me. If a US citizen being a potential casualty is the critical constitutional variable here, then not also judicial review of a bayonet charge?
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The proposal for judicial review of potential attacks during an armed conflict (not peacetime) is rife with a host of counterproductive second and third order constitutional and military effects. It represents a sweeping change in our political order by a technical legal fiat. It would also be an exceedingly dumb way to run a war. It might test our powers of imagination, but somehow, we faced down Hitler and the Imperial Japanese without Federal judges running our strategic bombing campaigns.
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This preference for legalistic arguments is partly a product of over representation of lawyers among the American political elite. Highly competent attorneys are very skilled at framing arguments on behalf of clients so that they begin litigation not only from a favorable explicitly stated position but, where possible, with several layers of one-sided implicit premises built in that you accept uncritically only at your peril. When a lawyer comes into a public policy debate saying that a political question is a legal question, he is making a political argument to remove a political dispute in a democratic polity to the courts where the matter will be decided under very different procedures and will remain as a legal question thereafter.
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Sometimes, this is the constitutionally correct thing to do; more often, it is simply an expedient thing to do that diminishes democratic accountability while rendering policy and process needlessly more complex and adversarial than even open public debate. It is also a self-aggrandizing feedback loop for lawyers as a class – when all political questions are legal questions, then should we not all defer to their superior expertise and training? It is the road to technocracy and the rule of law becoming “rule by lawyers”.
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Does that mean the critics have no point whatsoever regarding the use of drones in “targeted killings”? No. The idea that targeting American citizens is bad *policy* because it might, for example, be poorly employed against innocent people by mistake or, in slippery slope fashion, lead to a normalization and extension of the practice of targeted killing outside of an officially recognized armed conflict is a completely valid *political* argument. It is even, in my view, a very wise caution. It just does not hold water as a legal argument on behalf American citizens who go overseas and pick up arms and wage war against the US by joining al Qaida.
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More importantly, there are better, simpler remedies to a “slippery slope” with drone attacks that can be employed legislatively and through vigorous oversight that can be enacted that will strengthen rather than undermine and confuse our constitutional system of governance. First, the Obama administration, for it’s part, should allay critics fears by removing “targeted killings” from the arbitrary hands of unnamed “senior officials” (code for the President? The National Security Adviser? A random White House lawyer?) and either return to a more traditional Pentagon target assessment procedure or use the NSC process with a PDD/NSDD and a properly and timely “finding” being presented to Congress.
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Secondly, the proper body to review the judgement of the administration in tactics, operations, and strategy is not the judicial branch, but the legislative, which has done so in prior conflicts and holds the power of the purse to control the extent of campaigns and the raising of armies. The Joint Committee on the Conduct of the War was the oversight mechanism the Congress employed during the Civil War to review and influence the actions of the Lincoln administration. I would argue that the US Congress is more than sufficient to do the same task today with a far less existential conflict, if it chose to do so. Congress could, if it wished, forbid these operations or cease funding them. Quite pointedly, they have done neither.
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If Congress does not engage in rigorous oversight, it does not follow that a Federal Court is the appropriate constitutional substitute for Congress abdicating it’s wartime responsibilities. Targeted killings of enemy combatants during a declared armed conflict is a question of war policy, not due process, and is the purview of the political branches, not the judiciary
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Thirdly, the “slippery slope” danger is genuine and should be interdicted with legislation prohibiting or severely restricting the use of armed drones at home or forbidding their use against civilians resident in the territory of the United States entirely. A definition from Congress of under which circumstances that terrorism is a matter for law enforcement or military action is something that is likewise years overdue.
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Congress should be taking up it’s weighty responsibilities in war policy and not punting them to the executive or the judiciary, so that the actions of the US government in a matter of extreme gravity like a war are constitutionally clothed in democratic consent.

When you have a worldview, it all fits together

Saturday, June 30th, 2012

[by Charles Cameron — the difficulty of difference, plus a poem for M ]
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When you have a worldview, it all fits together pretty seamlessly. You see a map of record high temperatures such as the one above, swiped from emptywheel today, and it’s either global warming, and maybe:

this is getting to a point where the terror industry and the homeland security industry, generally, needs to come to grips with the fact that the biggest immediate threat to the “homeland” is not terrorism or drugs or even hackers, but climate change…

or it’s the hot face of an angry God:

And the fourth angel poured out his vial upon the sun; and power was given unto him to scorch men with fire.

— Revelation 16.8

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I read the Book of Revelation in much the same spirit in which I read William Blake or WB Yeats — as figurative, imaginative thinking rather than future history. Record high temperatures, rising sea levels, dazzling storms, wildfires and the like I tend to view as natural phenomena belonging to the realm of science as far as causation is concerned, and to first responders and FEMA in terms of crisis response.

But they’re still awesome, the poet in me still stirs…

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What concerns me here, though, is not to explain my own position nor to refute or approve either the prophetic or scientific explanations, but to emphasize that when you have a worldview, you have explanations ready-made in place for (almost) whatever happens.

And that goes for the Taliban, for Al Qaida, for the Brotherhood, for Christians of the Dominionist or Soon Coming or Episcopalian varieties, for Buddhists, for Scientists, and for many who are braiding their own, picking up different strands in different places as they go along.

If someone else’s worldview is not your worldview, it may very well be as different as the world in which God is blasting His displeasure at Washington DC is different from the world in which Washington DC needs to do something about global warming before nature re-balances our ecosystem in a manner we find decidedly inhospitable.

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In a shared worldview, you can talk face to face. Across worldviews, you can only talk worldview to worldview — and the “other” worldview may well be unable to make sense of what you say or do, or take a meaning from it that has serious negative consequences for you in your world.

Just yesterday, Gulliver tweeted:

Ha!

But it’s true, as Paul Van Riper said and I know, I’ve quoted him before, but this is good:

What we tend to do is look toward the enemy. We’re only looking one way: from us to them. But the good commanders take two other views. They mentally move forward and look back to themselves. They look from the enemy back to the friendly, and they try to imagine how the enemy might attack them. The third is to get a bird’s-eye view, a top-down view, where you take the whole scene in. The amateur looks one way; the professional looks at least three different ways.

The thing is: how do you get inside a magical head with a rational mind?

It’s not impossible, mind you — but it takes great strength of imagination.

That’s the point I’m trying to make here. Done. Finished.

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And this is for Madhu, who encourages me to post my poems:

Storm words
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There are no words for the stride of thunder –

pounding stride of clouds across a drumhead of plains,
the traveling downpour, drenching
the dry gullies and passing, words cannot
see nor show what the eye sees, the great lights
thrown, the target trees scorched and left —

but for man who lives in the path of thunder,
wrestling a little grass for soup from the parched land,
feeling thrum of a god’s advance under bare feet,
seeing the lowering god with his bright arms striding,

sensing the god’s strong coming, longing
for the fresh grasses after the storm’s passing,
the calm that follows the god: fearing
the god’s blasting, scorching, man’s words are prayer.

Copywrong?

Friday, June 29th, 2012

[ by Charles Cameron — borrowing as the nature of creativity from lichen to origami, copyright ]
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Lichen covered wall, Incan ruins of Ollantaytambo. Cusco, Peru

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Leonardo in his Treatise on Painting came up with what he called “a new theoretical invention for knowledge’s sake … of great utility in bringing out the creativity in some of these inventions”:

This is the case if you cast your glance on any walls dirty with such stains or walls made up of rock formations of different types. If you have to invent some scenes, you will be able to discover them there in diverse forms, in diverse landscapes, adorned with mountains, rivers, rocks, trees, extensive plains, valleys, and hills. You can even see different battle scenes and movements made up of unusual figures, faces with strange expressions, and myriad things which you can transform into a complete and proper form constituting part of similar walls and rocks. These are like the sound of bells, in whose tolling, you hear names and words that your imagination conjures up.

Borrow, he says, from nature.

Michelangelo, you may recall, used to see statues in chunks of marble, then chip away the excess to reveal what had been there all along…

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The stone-cutters whose marvelous ingenuity pieced together the stone wall in the Incan ruins of Ollantaytambo, Peru, depicted above in a photo by Teosaurio (under a CC BY-SA 2.0 license) borrowed stone from nature in somewhat the same manner, brilliantly.

Nature repaid the compliment, adding the colors of lichen to the sunlit and shadowed grey of stone.

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In Paris, the artist Mademoiselle Maurice has been adding her own kind of lichen to the shadowed and sunlit walls of Paris, in an installation she calls spectrum – her lichen being composed entirely of small, colored origami folds, by way of honoring the origami peace cranes of Hiroshima artist Sadako Sasaki.

image: Mlle Maurice, abstract paper rainbow

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Origami?

Origami is an exquisite art in its own right, demonstrating once again that mathematics belongs as much to the arts and humanities as it does to the sciences and technology.

[Consider this bleeding together of arts and sciences as something of a crusade of mine. Photography is art, and it does not became science just because the photograph is of stars rather than stones: photography is science, and it does not become art simply because the stars are beautiful.]

One genius of the artful mathematics of folding would be Robert Lang, who, as Kevin Kelly just told us, “helped NASA design satellite folding/unfolding solar panels” and “uses computers to devise folding patterns to create impossibly detailed 3D organisms from a single piece of paper…”

One can hardly deny that his work is quite lovely:

Butterfly image: Robert Lang, Origami Insects Vol 2, ed. Makoto Yamaguchi

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One might wonder whether Lang is the genius, or mathematics? Does he borrow from God, from some principle immanent in universe?

His diagram depicted, left, below, “will, when folded by him, turn into a convincing Rhinoceros Beetle”

Of the Rhinosceros beetle or of the butterfly one might ask, as William Blake asked of the Tyger:

Did He smile His work to see?
Did He who made the lamb make thee?

Science, naturally, somewhat believes it has the answer…

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Compare and contrast:

image: Kevin Kelly, from the Technium

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Inappropriately appropriated? The very concepts battle each other into oxymoron fatigue.

The painter Susan Morris borrowed Robert Lang’s beautiful design, itself a WoA — useful bureaucratese devised by a friend of mine for filing Works of Art in a category of their own – to make the painting, also a WoA, depicted above, right.

Morris, it seems to me, takes Lang in a direction pioneered by Frank Stella:

image: Frank Stella, Harran II

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It was Kevin Kelly who juxtaposed Lang and Morris in the image above — in what I’d have claimed was a WoA in my DoubleQuotes format if I’d done it myself — so as to discuss copyright.

Or more precisely, copy — right or wrong?

Nature copies, without apology, with beauty – and, in the case of certain poisonous spores, without remorse. And are we not nature?

Here’s Leonardo again:

Don’t underestimate this idea of mine, which calls to mind that it would not be too much of an effort to pause sometimes to look into these stains on walls, the ashes from the fire, the clouds, the mud, or other similar places. If these are well contemplated, you will find fantastic inventions that awaken the genius of the painter to new inventions, such as compositions of battles, animals, and men, as well as diverse composition of landscapes, and monstrous things, as devils and the like. These will do you well because they will awaken genius with this jumble of things.

To study, to copy, to derive: this awakens genius. Who am I to disagree?

One bead for a rosary

Friday, June 22nd, 2012

[ by Charles Cameron — one bead from NASA for the glass bead game as rosary ]
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photo credit: Norman Kuring, NASA’s Goddard Space Flight Center
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Consider her sacred, treat her with care.

A host of lessons on the web, with room for admiration

Thursday, June 14th, 2012

[ by Charles Cameron — Farrall and McCants, debate and discourse]
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There’s a whole lot to be learned about jihad, counter-terrorism, scholarship, civil discourse, online discourse, and social media, and I mean each and every one of those, in a debate that took place recently, primarily between Leah Farrall and Will McCants.

Indeed, Leah still has a final comment to make — and when she makes it, that may be just the end of round one, if I may borrow a metaphor from a tweet I’ll quote later.
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Briefly, the biographies of the two main agonists (they can’t both be protagonists, now, can they? I believe agonist is the right word):

Dr. Leah Farrall (left, above) is a Research Associate at the University of Sydney’s United States Studies Centre (USSC). She was formerly a senior Counter Terrorism Intelligence Analyst with the Australian Federal Police (AFP), and the AFP’s al Qaeda subject matter specialist. She was also senior Intelligence Analyst in the AFP’s Jakarta Regional Cooperation Team (JRCT) in Indonesia and at the AFP’s Forward Operating Post in response to the second Bali bombings. Leah has provided national & international counter terrorism training & curriculum development. She recently changed the name of her respected blog. Her work has been published in Foreign Affairs, Foreign Policy, The Atlantic, and elsewhere.

Dr. William McCants, (right) is a research analyst at the Center for Strategic Studies at CNA, and adjunct faculty at Johns Hopkins University. He has served as Senior Adviser for Countering Violent Extremism at the U.S. Department of State, program manager of the Minerva Initiative at the Department of Defense, and fellow at West Point’s Combating Terrorism Center. He edited the Militant Ideology Atlas, co-authored Stealing Al Qa’ida’s Playbook, and translated Abu Bakr Naji‘s Management of Savagery. Will has designed curricula on jihadi-inspired terrorism for the FBI. He is the founder and co-editor of the noted blog, Jihadica. He too has been published in Foreign Affairs, Foreign Policy, The Atlantic and elsewhere.
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2.

Gregory Johnsen, the Yemen expert whose tweets I follow, noted:

Watching @will_mccants and @allthingsct go at it, is like watching heavyweights spar for the title about 17 hours

Daveed Gartenstein-Ross commented on the civility of the exchanges:

it was an excellent model of argument within this sphere. Competitive analysis is important, and it is generally best when conducted in the open, as this has been. Further, the exchange has been respectful and collegial, something that is atypical for today’s debates.

Between those two comments, you have the gist of why this debate is significant — both in terms of topic and of online conduct.
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The debate started with a blog post by Leah, went to Twitter where the back and forth continued for several days, was collated on Storify, received further exploration on several blogs, turned sour at the edges when an article on Long War Journal discussing Leah’s original blog post draw some less than civil and less than informed drive-by remarks in its comments section, and continues…

And to repeat myself: all in all, the debate is informative not only about its topics — issues to do with terrorism and targeting — but also in terms of what is and isn’t possible in online dialog and civil discourse on the web.
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Leah Farrall’s Some quick thoughts on reports Abu Yahya al-Libi has been killed was the counter-intuitive (but perhaps highly intuitive) blog post which began the debate, and perhaps her key paras were these:

And if he has in fact been killed, I wonder if those who think this is a victory (and those supporting the strategy of extrajudicial killings more generally) have given ample thought to the fact that he along with others who have been assassinated were actually a moderating force within a far more virulent current that has taken hold in the milieu. And yes, given his teachings I do note a certain irony in this, but sadly, it’s true.

What is coming next is a generation whose ideological positions are more virulent and who owing to the removal of older figures with clout, are less likely to be amenable to restraining their actions. And contrary to popular belief, actions have been restrained. Attacks have thus far been used strategically rather than indiscriminately. Just take a look at AQ’s history and its documents and this is blatantly clear.

I say, “counter-intuitive” because, as Leah herself notes, this is not the received opinion — “Right now you’re probably scoffing at this” she writes. And I say intuitive because Leah may be the one here who whose insight comes from herself not the crowd, who sees things from a fresh angle because she has a more wide angle of vision, who is in fact intuiting a fresh and revealing narrative…

Not that she’s necessarily right in this, and not that it would be the whole picture if she was — but that she’s challenging our orthodoxies, giving us food for thought — and then, having read her, we need to see how clearly thought out the response is, how strongly her challenge withstands its own challenges… how the debate unfolds.
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I am not going to summarize the debate here, I am going to give you the pointers that will allow you to follow it for yourselves.

It is very helpful indeed for those who are interested in this unfolding debate, that Khanserai has twice Storified the initial bout of tweets between Farrall and McCants.

Khanserai’s second Storify is the one to read first, as it offers the whole sweep of several days of tweeting. That’s the full braid. Khanserai’s earlier Storify is worth reading next. It concerned itself solely with Leah’s significant definitional distinctions regarding discriminate vs indiscriminate targeting and targets vs victims.

There’s a lot to read and even more to mull right there, but the persevering dissertation writer for whom this is the ideal topic will then want to read a number of significant posts triggered by the debate:

Jarret Brachman was among the first to comment on al-Libi’s reported demise, in a post titled In a Nutshell: Abu Yahya’s Death. I don’t know if his post appeared before or after Leah’s, but his comment is congruent with hers:

The cats that Abu Yahya and Atiyah had been herding for so long will begin to wander. They will make mistakes. They will see what they can get away with. Al-Qaida’s global movement cannot endure without an iron-fisted traffic cop.

I look forward to Brachman’s comments on al-Libi’s “other important role: that of Theological-Defender-in-Chief for al-Qaida”. Another day…

McCants’ On Elephants and Al-Qaeda’s Moderation posted on Jihadica first paraphrases Farall:

Leah argues that the US policy of killing senior al-Qaeda Central leaders is wrongheaded because those leaders are “a moderating force within a far more virulent current that has taken hold in the milieu.” Leah compares these strikes to the practice of killing older elephants to thin a herd, which leaves younger elephants without any respectable elder to turn to for guidance as to how to behave. By analogy, killing senior al-Qaeda Central leaders means there will be no one with enough clout to rein in the younger generation of jihadis when they go astray.

He then argues that while there “might be good reasons not to kill al-Qaeda Central’s senior leaders with drones but their potential moderating influence is not one of them” — and proceeds to enumerate and detail them. His conclusion:

It is hard to imagine a more virulent current in the jihadi movement than that of al-Qaeda Central’s senior leaders. Anyone with a desire or capability of moderating that organization was pushed out long ago. AQ Central may have moderated in how it conducts itself in Muslim-majority countries, but it certainly hasn’t moderated toward the United States, which is what has to be uppermost in the minds of US government counter-terrorism policymakers.

Other responses worth your attention — and I know we’re all busy, but maybe this is an opportunity to dig deeper something that shouldn’t only concern those in search of a dissertation topic — would include:

Daveed Gartenstein-Ross’s The Strategy of Targeting al Qaeda’s Senior Leadership posted at Gunpowder and Lead contains the most thoughtful counterpoint to Leah’s point that I have found:

contrary to Farrall’s argument, a strategic opponent actually seems far more dangerous than an indiscriminate opponent

Clint Watts should be read and pondered, too. His post, It’s OK to Kill Senior al Qaeda Members in Pakistan, tackles Leah’s position from several angles, one of which focuses on her “law enforcement” perspective on terror:

I am with Leah that in an ideal world, it would be great to capture, convict and imprison terrorists. This approach only works when there are effective criminal justice methods for implementing it.

I wonder how he views military vs law enforcement attempts to corner Joseph Kony, but that’s off topic. To return..

Bernard Finel, too, posted a thoughtful piece on The Unsatisfying Nature of Terrorism Analysis, and wrapped up his post with the words:

In short, I’ll keep reading Farrall, McCants, and GR because they are smart, talented folks. They know a lot more than I do. But I can’t help by feel that there just isn’t enough there to make their arguments convincing on a lot of scores.

Those are the heavyweights weighing in, as far as I can see — feel free to add others in the comments section. But then…
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But then there’s Andrew Sullivan in The Daily Beast, asking Are Drones Defensible? in what I found to be a lightweight contribution. As I read it, Sullivan’s key question is:

if you’d asked me – or anyone – in 2001 whether it would be better to invade and occupy Afghanistan and Iraq to defeat al Qaeda, or to use the most advanced technology to take out the worst Jihadists with zero US casualties, would anyone have dissented?

as if such a hypothetical — asking about popular opinion rather than ground realities, which are a whole lot more complicated either way — was the right question to be asking. And his conclusion, interesting but unsubtle: “drones kill fewer innocents”.
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7.

Oh, lightweight is more or less okay in my book, as is the strong affirmation of a strong position.

The editors at Long War Journal clearly feel strongly about Leah’s suggestion, and make no bones about it in a post titled US killing moderate al Qaeda leaders, like Abu Yahya, says CT analyst — which I don’t think is quite what Leah was saying — and opens with the sentence “This is one of the more bizarre theories we’ve heard in a while.”

That, you’ll notice, is a pretty bluntly phrased attack on Leah’s ideas, not her person. But what follows is interesting.

In the comments section at LWJ we see comments like “I assume this young lady is paid for her thoughts. If so by whom? Is she the ACLU lawyer? If so when was her last interview with Abu Yahya al Libi” and “Leah Farrall is one of these many Peter Panners who form a loosely knit confederation of self identified intellectuals with little or no understanding of violence & of those presently arrayed against ‘us'”…

You don’t see comments like those on the other sites I’ve mentioned, and to my mind they show surface ignorance of the deep knowledge that informs the main participants on both sides — and perhaps as a corrollary, the absence of the civility that characterizes the debate as a whole.
.

8.

My own interest in terrorism / counterterrorism is explicitly limited to the ways in which theological drivers manifest, and while I read a fair amount about the broader issues into which theology enters, I’m no expert, humble and (inside joke) for the moment at least, more or less clean-shaven.

I am waiting for Leah Farrall’s response to the debate thus far, but have no expectation of being the best proponent of any of the positions or nuances involved: I leave that to the experts, and am glad they are on the case, every one of them.

Two broad context pieces that have caught my attention:

Francine Prose, Getting Them Dead in the NY Review of Books
Patrick B. Johnston, Does Decapitation Work?

For myself, then, the main point here is to acknowledge the knowledge and insights of those who know what I can only guess, or perhaps catch out of the corner of my eye. The second lesson: that there’s much to be found in Joseba Zulaika‘s book, Terror and Taboo: The Follies, Fables, and Faces of Terrorism.

Even a brief glimpse of the book when Leah mentioned it has convinced me once again that Zulaika’s is a voice worth attending to.
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9.

But wait, I am a Howard Rheingold friend, I’m concerned with dialog and deliberation and decency in discourse, not just terrorism and CT — and here I have no need for disclaimers.

What I learn here is that attentive listening to all (the folks in the comments section included) brings knowledge, that incivility frequently accompanies ignorance, and — I hope you will forgive me going all aphoristic here — that nuance is an excellent measure of insight..

This is a debate to admire and follow.


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