Sun 6 Jul 2008
Still proud to be American, but…
Posted by me under essays , ethics and values , informative , interesting[3] Comments
The military charges that back in 2002, a certain Mohammed Jawad tried to kill two of our soldiers in Afghanistan by throwing a grenade at them. Mohammed, 16 years old, was captured and flown to the detention camp at Guantanamo Bay, Cuba. Mohammed has been locked up in solitary confinement since that time, not yet charged with any crime. (Nor has he been provided, until recently, access to counsel or any recourse to challenge his detention.)
No doubt, the gallant administrators and soldiers at Guantanamo (once our executive branch suspended habeas corpus and article three of the Geneva Conventions for the detainees) found it amusing to engage in alternative interrogation tactics while attempting to garner intel from this terrorist kingpin.
Did Mohammed Jawad throw that grenade? Probably. It is a war over there, after all. The salient point is that he was only a kid and if he was attacking us, we should have shot him then. Or, at least, captured him, interrogated him and then tried him for murder. Holding him without end should not have been an option. Is there any actionable intelligence that can be gathered from a teenage combatant who has already spent many years alone in prison?
Let me be clear, unlike the ACLU, I do not bristle at these words from the president, “As a matter of policy the United States Armed Forces shall continue to treat detainees humanely, and to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” It is obvious that there are some very bad people who wish the US much harm. Because of that, I do not argue that there is never a case for the use of less-humane treatment to extract vital, timely intelligence. However an acknowledgment that such situations might conceivably exist is not the same as a wholesale torture permission slip. Those incidents ought to be the of the extremely rare, ticking-bomb variety.
Enter Maj. J. R. David Frakt, Jawad’s newly military-appointed attorney. Frakt’s closing argument (June 19th, 2008) in favor of dismissal of Mohammad Jawad’s case contains some well crafted arguments. Here is an excerpt:
America is a nation founded on a reverence for the rule of law. We should never forget that when we take an oath to enlist or be commissioned as an officer in the United States Armed Forces, we do not swear to defend the United States, we swear “to support and defend the Constitution of the United States against all enemies, foreign and domestic.” The Oath of Office for the President contains similar words: “I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” Tragically, under the undeniably heavy pressure to defend Americans from terrorist attack, some of our military and civilian leaders lost sight of their obligation to defend the Constitution as well.
Under the Constitution all men are created equal, and all are entitled to be treated with dignity. No one is ‘”undeserving” of humane treatment. It is an unmistakable lesson of history that when one group of people starts to see another group of people as “other” or as “different,” as “undeserving” as “inferior,” ill-treatment inevitably follows. In the Global War on Terror generally and in the detention camps of Guantanamo especially, the detainees were seen as “terrorists,” as “the worst of the worst” something less than human, and were treated accordingly. After six and a half years, we now know the truth about the detainees at Guantanamo: some of them are terrorists, some of them are foot soldiers, and some of them were just innocent people, caught in the wrong place at the wrong time. But the detainees at Guantanamo have one thing in common “with each other, and with us” they are all human beings, and they are all worthy of humane treatment. We should also never forget that no one in Guantanamo has been convicted of a single crime and that even in these deeply flawed military commissions, they are entitled to a presumption of innocence…
February 7, 2002. America lost a little of its greatness that day. We lost our position as the world’s leading defender of human rights, as the champion of justice and fairness and the rule of law. But it is a testament to the continuing greatness of this nation, that I, a lowly Air Force Reserve Major, can stand here before you today, with the world watching, without fear of retribution, retaliation or reprisal, and speak truth to power. I can call a spade a spade, and I can call torture, torture.
Today, Your Honor, you have an opportunity to restore a bit of America’s lost luster, to bring back some small measure of the greatness that was lost on Feb 7, 2002, to set us back on a path that leads to an America which once again stands at the forefront of the community of nations in the arena of human rights.
Sadly, this military commission has no power to do anything to the enablers of torture … All you can do is to try to send a message, a clear and unmistakable message that the U.S. really doesn’t torture, and when we do, we own up to it, and we try to make it right.
I have provided you with legal authority for the proposition that you have the power to dismiss these charges. I can’t stand before you and say that you are legally required to do so. But I can say that that it is a moral imperative to do so, and I ask that you do so.
Please know that I don’t wish to cast aspersions on our patriotic festivities– to the contrary– I’m convinced that this great country is what she is today, in part, because of a persistent willingness to face and resolve the issues which confront her. It is through candid, honest and intelligent dialog that change can be effected. Far from a liberal cynic, I am very proud to be American.
Click for the full text of Major David Frakt’s closing arguments.
I’m a couple of days late for my expos
you sign up to Quixtar, you get a percentage from whatever they buy as well. Obviously, the more people you sign up, the better it is for you (and for everyone else up the chain.)
talking to him. Naturally, he was immediately interested in what she had to say. After the normal pleasantries were exchanged, she announced that she had recently joined a multilevel marketing (MLM) company and that she was excited about the inevitable large stream of income she’d shortly have.
“pump up” meetings, bags under the eyes of this guy named Nate, spending several thousand dollars on roses, former physicians who don’t practice anymore, ’cause they have so much money now, the mythology, the complexity, the confusing diagrams, “it’s not for everyone, it’s ‘an exclusive club’”, and my experience with Amway.

Five years ago today, our nation was rocked with an awful tragedy the likes and scope of which had not been seen since the Japanese bombing of Pearl Harbor some sixty years before. Like that other day living in infamy, September 11, 2001 saw the loss of nearly 3,000 lives.
The details still remain vividly clear to me. I was at work that morning. My Mom called me minutes after the first tower was hit. My brother living in Manhattan had phoned home moments before to report the catastrophic news. My coworkers, Rob and Nathan, and I, flipped on the radio and then clicked over to the online news services to follow the story. The standard news websites were overloaded and were sluggish and unresponsive. Eventually I gave up on US news and surfed over to a European television website, 
Six days later comedian David Letterman, in an
No sense at all. And then there were more heroes. Who can forget Mayor Rudy Giuliani’s calm and powerful leadership, and his encouragement that served to stabilize our emotions and mobilize us to action? His courage under fire inspired everyone with the determination to pick up and return to normalcy. He became an icon of the American ideal of perseverance and dogged steadfastness.
A year later, I visited the hulking pit that was Ground Zero and I walked along the fence with the flowers and pictures sent from all over the world. I can still see those heart wrenching, hand-drawn notes, some scrawled in children’s handwriting, “
With talks of globalization and the disintegration of national borders, the concept of patriotism can seem out of place, perhaps outmoded or anachronistic or even jingoistic. After all, what difference is there between an American and a citizen of any other country?
The American Revolution stands in stark juxtaposition to that of the French. In the new world, no bloodlust ran unfettered. No brutal barbarisms were committed. No privileged ruling class emerged. In the end, checks and limitations were self-imposed both personally and collectively. The virtuous restraint displayed by those Founding Fathers laid the firm framework for this country.
Therein lies America’s power — that this republic was born and upheld on divine footing, and America does not owe allegiance to a king, a committee, or a dynasty. It is at once a humility and an endowment that allows Americans to accomplish great feats in the face of terrible opposition, with the assurance that, ‘œIf God be for us, who can be against us?”. With such a blessed foundation, citizens are bound by moral standards and given virtues as goals. The symbiotic mutualism that exists between her good people and Providence has empowered America’s monumental success.