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Original Opinion

There’s Evidently No Room for Nuance on Drones

By · February 07,2013
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drones_nuanceThey say if you move far enough to the left, you end up on the right. As such, throughout the last four or five years I’ve witnessed this phenomenon on way too many occasions, the most recent one being yesterday’s reactions to the article I wrote about the Justice Department’s white paper regarding the targeted killing of American citizens suspected of being high level al-Qaida operatives.

I discovered quite quickly that one of the common traits among the far-right and the far-left is a total inability to accept compromise — or even concessions to their point of view.

To recap, I essentially called for one or both of the following actions. 1) The elimination of drone missions against U.S. citizens who happen to be enemy combatants via ending the war on terror and rescinding the disgusting Authorization for Use of Military Force (AUMF). And, 2) the strict regulation of drones and how they’re used by establishing law enforcement-style rules and oversight.

Not good enough.

My reasoning was based on the fact that the white paper made its case based on the president’s war powers, which were established in the 2001 post-9/11 AUMF. No AUMF, no war powers, no legal justification for the targeted killing of suspected terrorists born in the U.S. However, if the war continues, the president or the next president could continue the policy based on the wartime precedent exploited by Lincoln and FDR who presided over the killing of American citizens in wartime (more elaboration on this presently). But if it’s impossible to rescind the AUMF, then Congress needs to exercise its authority by regulating how the president can use the drone technology and to ban the targeted killing of Americans without due process.

While I accept the existence of the technology as a weapon of war, it’s critical that we get a handle on its usage before it’s too late because its unmanned, risk-free capability presents new moral territory for American warfare. Furthermore, drones or not, the AUMF has to be rescinded and the war on terrorism has to end. President Obama, who earned anti-terrorism capital by getting Bin Laden and crushing al-Qaida, is in a unique position to do so.

Unless I’m way off base, this is a reasonable, rational approach.

But evidently there’s no room for reason or rationality because it’s much easier for certain politically ignorant, selectively outraged liberals to scream “baby killer!” while waving photos of dead children not unlike the worst zealots in the anti-choice movement. These people believe the drone program as a kind of political singularity — gravitationally absorbing and crushing every other issue, positive or negative, within its inescapable vortex. No accomplishment is big enough to outweigh the worse-than-Bush trespass of killing Anwar al-Awlaki and using drone strikes in Pakistan.

If you don’t screech about drones, you’re apparently with the drones. You’re an Obamabot. Come to think of it, I learned yesterday in the comments section here that if you haven’t been screeching about drones since January 20, 2009, you’re not allowed to write anything negative about them either.

I’m not sure how that makes any sense. When I don’t write about drones, I’m an Obamabot. When I write about drones and call for the elimination or regulation of the program, I’m an Obamabot who’s somehow not awesome enough to oppose drones. I couldn’t help but to think about those hipster d-bags in high school who, when you’d tell them you liked a particular band, would reply in an aloof hipster d-bag tone of voice that they’ve been listening to the same band from the beginning, before it was popular, and now that everyone is listening to the band, the band sucks.

I’d often fantasize about elbowing those insufferable bastards in the throat. That’s certainly not the case with the commenters I encountered yesterday, of course.

There’s an obvious and understandable emotionalism that goes along with the phrase “targeted killing of American citizens without due process.” It’s a scary idea and one which, taken at face value, should be loudly opposed by, you know, everyone. But throughout the day, I debated with several people about that phrase in the context of warfare, and there is, in fact, precedent for it. In my article I noted that Lincoln killed 250,000 American citizens without due process who had taken up arms in a massive act of treason against the United States. American citizens were killed when Allied bombers attacked various European cities. And there were at least eight American citizens killed by Allied forces after they joined the Nazi army. (There were countless other Americans who fought for the Nazi army but who weren’t killed.) Agree or disagree, the American government, Congress and the president, believe we’re engaged in a hot war against al-Qaida and thus it’s a matter of wartime prerogative to kill anyone in al-Qaida who’s taken up arms against the United States, regardless of origins.

So yes, it’s the “targeted killing of American citizens without due process,” but there’s not due process in war, except when a combatant is captured, and then there’s minimal due process (military commissions are a topic for a different time). And whether a combatant is killed or captured is up to the discretion of the commander-in-chief and his subcommanders. In a general sense, what’s happening now, specifically the killing of enemy combatants irrespective of origin, isn’t unprecedented. Lincoln and FDR are members of the Pantheon of great liberal presidents in spite of it.

However, what’s unprecedented is the scope of this so-called war on terrorism. There doesn’t appear to be a defined goal. When does end? What does an ending look like? If it’s endless (there will always be terrorism), then there’s no way we can allow the commander-in-chief to continue this drone policy in perpetuity. Therefore, it’s imperative that Congress either repeals the AUMF or amends it with a sunset provision so, at some point soon, the president is stripped of his additional post-9/11 war powers. If this can’t be done, and the government believes the war on terror must go on, then there needs to be checks on the process and the elimination of the targeted killing program against American-born combatants. It simply can’t become a matter of ongoing policy. It’s too dangerous and if it should fall into the wrong hands, it could get much worse.

Yeah. That’s a lot of nuance. More nuance than accusing the president of being a bloody executioner of American citizens without cause or precedent. But war is complicated and morally shaky, especially when the enemy isn’t dressed in military uniforms and has blended seamlessly into civilian populations. It’s worth noting, too, that this white paper policy isn’t like torture, which is illegal, ineffective and morally wrong. It’s much more complicated than that, which is why we need to either strongly regulate it or totally wrap it up immediately — or both. The alternative is too dark and disturbing to imagine.

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  • http://twitter.com/gussiejives Gussie Jives

    As a follow-up, I will say that you do target the conversation where it should be: the executive power of the President’s office and the nature of the conflict with a terrorist organization like Al Qaeda. Because that’s the debate we are having (or should be in any case.) I was listening to Driftglass and Bluegal’s podcast and they said something very poignant, that drones are only the latest in the long line of the industrial arms race that started during the Civil War. This hasn’t been cleared up since the invention of the airplane, nor when nukes were developed, by which time bombers were reducing entire cities to rubble.

    There are no simple answers. For example, while this might cause confusion for some, I deplored the firebombing of Dresden, but acknowledge the nuclear bombs dropped on Hiroshima and Nagasaki to be necessary evils. Why? Because based on the facts that I have, it was likely that a drawn-out invasion of the Japanese home islands would have been more costly for both sides, and would have left Japan cleaved in two like Korea. On the flipside, Dresden posed no military significance and the devastation was not proportional to the minimal role it played as part of the enemy war machine, while Hiroshima and Nagasaki did play such a role.

    The US hasn’t formally declared war on any nation since WWII. This has to change and should be a part of this conversation.

  • http://twitter.com/gussiejives Gussie Jives

    Sorry, Bob, I still think your analysis is incorrect. While I can appreciate the comparisons, they are still flawed. You can’t compare a state of Total War to what are known as the “signature strikes” (a term I was really hoping would come up so that it could be parsed), in which we do not know the actual identity of those we are striking. I’d even have a hard time accepting the comparison to the personality strikes, which are assassinations, let’s be honest here. Heck, while FDR might be celebrated, Arthur “Bomber” Harris is looked upon as a monster after what he did in Dresden.

    The strikes against American citizens is only one part of liberals’ issues with drones. If we can be shown evidence that these people had to die in the manner that they did, I am more than willing to accept that evidence, but we have not been allowed to see it, as Obama has declared them off limits. I cannot merely accept their word on this that there was no other means of getting either Anwar Al-Awlaki or his son Abdulraman. Especially in the case of Abdulraman: this wasn’t a case where Abdulraman happened to be standing beside Anwar and he happened to be caught in the missile blast. Abdulraman, a 16 year old kid, was killed a full two weeks after Anwar was already dead.

    So I’m going to need to see some evidence that Abdulraman was an imminent threat to the US here, or I have to come to the conclusion that it was not necessary.

    And this doesn’t even scratch the surface of the drone campaigns in Afghanistan and Pakistan that hit wedding parties and funeral processions. Again, I’d need to be convinced that A) there was somebody there who was an imminent threat, B) there is no other way to capture him/her, C) there is no other place or method to kill that individual. If one or all of these cannot be satisfied, the collateral damage is too high.

    I think your greatest issue is the method of the protests and the personalities involved. I’ve listened to every one of your podcasts, so I know how you feel about Greenwald and Hamsher et al. God knows I don’t read Greenwald. But it is possible to come to the conclusion that this is a more serious problem than it is made out to be and too many people are comfortable with these strikes because American servicemen are not at risk. I agree wholeheartedly with both your points about ending the AUMF and providing oversight for the drone program. But there is much more to this issue, such as educating ordinary people to be skeptical of the claims that each of these strikes were necessary.

    What was it Robert E. Lee said? “It is well that war is so terrible, otherwise we should grow too fond of it.” Unmanned drones serve to sanitize otherwise dreadful acts, allowing people to support indiscriminate missile strikes because there is no risk to the erstwhile American pilot.

    To sum up, I agree with your conclusions, but I disagree with the presented rationales and I think you need to go into more depth with the exact qualms people have.

  • http://www.facebook.com/rita.2012.lipshutz Rita D. Lipshutz

    Great piece.

  • SlapFat

    I don’t think Mr. Cesca is an Obamabot or a partisan hack or any of the other pejorative terms he names in this article. I don’t believe that at all, and say that as someone that’s followed his writing for years, and occasionally disagreed with some of its sentiments, such as his take on the “fiscal-cliff” deal. The brainless cacklers that taunted him from the comments section on his Feb. 6th column of this year should be ignored.

    Look, the reason why people become so emotional over the use of armed drones is because of the implications in naturalizing to their use. Many people could be targeted and killed with very little effort if very strict discipline is not utilized regarding their usage, and I’d say Mr. Cesca is careful to acknowledge that. This is a very recent development in technology and extreme caution should be used regarding anything involving it.

    Here’s where this article doesn’t get to well enough: alot of civilians get killed during targeted drone strikes. Alot. This is part of the reason why there is such an outcry against them, and why I’m so against their use in most cases. Using automated machines to kill people poses the risk of making the humans controlling them become as unfeeling as the mechanized creatures they’re commanding.

    What won’t help the discussion is hysterically labeling Bob as something that he’s not. That said, he shouldn’t take the raving too personally of people spewing their hysteria. I’ve had that vomited my way and it definitely doesn’t lead to much constructive in terms of conversation.

    • Christopher Foxx

      and it definitely doesn’t lead to much constructive in terms of conversation.

      Indeed. As litmus test go, when someone uses “obamabot” it always means they have no interest in any constructive conversation.

  • Christopher Foxx

    American citizens were killed when Allied bombers attacked various European cities. And there were at least eight American citizens killed by Allied forces after they joined the Nazi army.

    Of course “civilian caualties” is one of the many tragedies of warfare. But do you really not see a disdinction between attacking an enemy city which happens to have American citizens in it or killing enemy soldiers during battle, and the President just ordering the execution of an individual?

    I thought you were going for the “reasonable, rational approach” to the discussion of drones.

    • i_a_c

      Insofar as al-Awlaki was an officer of al Qaeda, the organization with which we have declared a legal state of armed conflict, there is no difference between the killing of Americans in the Nazi army and the killing of an American in the al Qaeda leadership. I think this analogy is completely rational in the context of warfare.

      The difference lies in the nature of the war. Al Qaeda is not a uniformed combatant group, and hides amongst civilians in lawless areas. They are not permitted to engage in armed conflict under international law. This gives rise to unconventional methods of warfare. I would certainly applaud limits on the war power granted to the president under the 2001 AUMF, but that’s not the current state of things.

      • Christopher Foxx

        I suppose it’s this “new” nature of warfare that makes the President’s ability to use drones unsettling. It feels closer to the dictator who makes political enemies disappear than the war commander who is planning a strike on an enemy encampment.

        It’s the lack of any review that makes it troubling.

        • i_a_c

          I totally agree with the last line. Congress should institute some kind of review procedure. But up to and including now, no such thing exists.

          As you know, Congress sucks, and they won’t do that. Checks and balances require someone to do something. The judiciary legally cannot do anything, so it’s up to Congress, and they won’t. So the president is left to his own devices. And there’s no way he or any other president would leave someone like al-Awlaki be and risk another attack.

          When Bob and people like me talk about a nuanced view on drones, this is what we mean. Nobody has to like the drone strikes. I don’t like them much. I support advocacy for curtailing the president’s war power. But we do live in the world we live in, not the one we wish exists.

      • http://twitter.com/gussiejives Gussie Jives

        Yes, but in conventional warfare, you’re going to shoot the guy shooting back at you, no matter what uniform he wears or citizenship he holds. In this instance, Abdulrahman al-Awlaki was sitting in a restaurant when a drone missile was dropped on his head. Unless he was going over the finer points of the plan to use the nuke he acquired on the US, I don’t really see the justification for his death.

  • http://twitter.com/bpicampus BPI Squirrel

    There’s also a surprising amount of “targeted killing of American citizens without due process” right here in the U.S., and always has been, ideally under the same conditions the DOJ proposed: (1) an imminent threat; (2) arrest is not feasible; (3) using lawful and reasonable force.

    The hostage-taking in Alabama this weekend was one such example. The hostage rescue team tried to negotiate a surrender and arrest, but he refused. The team leaders made a difficult and dangerous judgment call, deciding the threat to the boy’s life was imminent and that an armed attack – their last resort – was the only option. The hostage taker did not get due process but, unless a very different story emerges after further reporting, I think most Americans agree the rescue team acted properly.

    The difference is that the actions in Alabama will be reviewed by independent law enforcement officials who were not at the scene, and the hostage-taker’s family can file a wrongful death lawsuit. In contrast, the targeted killings in Yemen, Pakistan, and elsewhere have – so far – not been reviewable by any independent body. That should change, and President Obama’s decision to give Congress the full, unclassified DOJ memorandum is a good first step.

    • http://www.twitter.com/bobcesca_go Bob Cesca

      Great points!

    • Christopher Foxx

      Exactly right. While the hostage taker did not get due process via getting a day in court,actions of the sheriff didn’t happen without review either.

      It’s that utter lack of review that is so disturbing about the President essentially single-handedly ordering the execution of American citizens.

      • Christopher Foxx

        Hmmm. puzzled.

        BPI Squirrel notes the differences between what happened in Alabama and what’s happened in Yemen et al, gets 6 up votes. I say he’s exactly right and get 4 down votes.

        • Michael Dascenzo

          Chris, I think you may have gotten down voted because your comment could be construed as an unfair characterization of the Obama administration’s program, especially in light of the recent information release. Let’s not forget that it wasn’t that long ago when we had an administration that was opaque to any substantial oversight.

          No, the drone situation isn’t ideal, but it’s far from the precipice of tyranny that the outrage junkies seem he’ll-bent on turning this into.

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