DOJ Drones Paper: Obama’s Second-Term Cabinet, Agenda Faces New Scrutiny: via HuffPost

DOJ Drones Paper: Obama’s Second-Term Cabinet, Agenda Faces New Scrutiny: via HuffPost http://huff.to/11MAegJ The argument against nuclear weapons is that they are no longer relevant to most modern warfare. I don’t know that I agree with that- it could equally be an argument that nuclear weapons are working very well at what they are supposed to do, prevent direct wars between major powers. I’ll also avoid the issue of “insurgents” which is more of a propaganda term than anything else. Terrorists are a modern problem. If warfare has changed we need to look at new rules to govern the new dynamics. The first step I think is to distinguish between warfare and terrorism. I don’t agree that terrorism is a form of war and that it should be treated accordingly. The concept of terrorism as war has a variety of negative consequences, not least that it means that as long as one of seven billion people is committed to terrorism the governments feel permitted to spend absurd amounts on military toys and restrict the liberties and invade the privacy of the 6,999,999,999 people who are minding their own business. One principle ought to be proportionality of response, for moral and fiscal reasons. Spending a trillion dollars to invade a country to take out a few hundred or thousand idiots is itself an idiotic idea. It does vastly more harm than the problem it solves, including to many innocents, and inspires as many terrorists as it eliminates if not more. It’s a moral, fiscal and implementation failure. The debate should not be about the drones per se. The issue is, what do we do about terrorism, especially terrorists we can’t reach. Some people propose using drones. Other people propose not using drones. But not using drones isn’t a proposal or a real policy. No alternatives are presented. I’m sure if anybody against drones came up with a proposal that the government would be interested. Proposing that people organize, plan and then bomb the s**t out of us without retaliation or consequences is not a serious policy proposal. So all of us pro-drone people are waiting to hear the plan. And what people don’t understand is that black and gray ops protect the law. We do not want the judges to corrupt the law to encompass what is necessary in extreme situations. We want these things to be extralegal. If they become expressly legal that won’t make me feel safer. Before you ask the law to expand to include all the necessities of combat think about the precedents that it may set. We have dangerous ones already, precisely because the courts have been forced to address issues with which they have no expertise where there are no sanitary outcomes. While activity remains legally dubious but tolerated the justice system retains the trump card to step in if it gets out of hand, unfettered by precedent. It’s well known in all areas of law that if you take on a precedent case with bad facts you can set the law back 20 years. You have to be patient and not run every perceived injustice to the Supreme Court, and if you get the right case you need to be able to nail it. Note the title of the cited article, involving “scrutiny”. Scrutiny is BS. Save scrutiny for Entertainment Tonight and the National Enquirer. Holding the government in check is not about scrutiny and howling protests. Those are the down’s syndrome counterparts to critical thinking, rational debate and weighing proposals and alternatives. If you don’t propose something, you propose nothing. That may be good enough if the policy objected to is, like so much business and government activity, a solution in need of a problem. I don’t think many people consider the execution of Bin Laden and crippling of al queda as a solution in need of a problem. Soooo…what is it that you do want us to implement? Put something out there for rational debate or stfu.

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