Obama government retreats to Bush-era state secrets dishonesty

Just how important is it that the United States, with the world's most powerful military and the world's most enduring democracy, engage in conduct overseas that would be patently illegal within its own borders? That question arose again yesterday, as it has repeatedly in the rather disturbingly slow dismantling of widely discredited George W. Bush-era policies, when the Obama administration invoked the state secrets doctrine in an effort to convince a federal judge in Washington to dismiss a lawsuit accusing the military of trying to kill a U.S. citizen in Yemen. According to the New York Times, the New Mexico-born citizen, Anwar Al-Awlaki, is living in Yemen and is associated with al-Qaida, the radical Islamic terrorist group blamed for the Sept. 11, 2001, terrorist attacks on New York and Washington, D.C. that killed thousands. His father, Nasser al-Awlaki, filed the lawsuit seeking an injunction to block the U.S. government from killing the son, the Times said. U.S. government lawyers completed a legal brief Friday contending the lawsuit should be dismissed because litigating the could result in the disclosure of confidential information -- the so-called state secrets -- and other grounds. The doctrine was invoked successfully numerous times during the last administration to short-circuit claims against the government for allegedly illegal activities in the war on terror. No one seriously questions whether the government has the right to keep secrets when disclosures would put innocent lives at risk. But that does not give the government the right to maintain secrecy when it wants merely to escape consequences for illegal activity. What we saw during the last administration, when the federal government eviscerated long-established constitutional principles to advance a dubious political agenda, should give everyone pause. There has to be a serious accounting. The Obama administration's most serious mistake so far was its refusal to review the previous government and to bring alleged lawbreakers to trial. Everything that happens now, including the Al-Awlaki case, is built upon that miscalculation. This time, the Times said, Obama-appointed Attorney General Eric Holder personally approved invoking the state-secrets defense. “It strains credulity to argue that our laws require the government to disclose to an active, operational terrorist any information about how, when and where we fight terrorism,” said Matthew Miller, a Justice Department spokesman. That's logical, but only in the abstract, and it's a bad mistake to invoke it merely to justify other bad mistakes. If this is going to continue to be a government of laws, those laws are going to have to be enforced -- even if it means some well-known government officials will have to stand trial.

Indefinite detentions overseas become Obama administration's dilemma

U.S. citizens who thought last year's change at the top meant a return to the days before al-Qaida and the Sept. 11 terrorist attacks on New York and Washington got another reality check Friday when a federal appeals court in Washington ruled that terror suspects captured overseas may not challenge their detentions in U.S. courts. The unanimous ruling by a three-judge panel means that three detainees held for years without trial at Bagram Air Base in Afghanistan did not have the same right of appeal that suspects being held by the U.S. military at Guantanamo Bay, Cuba, won in a landmark U.S. Supreme Court ruling in 2008, according to the New York Times. The ruling reversed a trial judge's decision that the Bagram detainees -- in this case, two men from Yemen and one from Tunisia who claimed they were captured outside Afghanistan and brought to the U.S. base -- had the same rights as prisoners held at Guantanamo Bay. Critics and supporters of the Bush administration's aggressive post-9/11 detention policies, which Obama criticized while campaigning but has defended in court, reacted to the ruling with expected vehemence. A lawyer for the detainees, Tina Foster of the New York-based International Justice Network, said the appeals court ruling would allow U.S. presidents to “kidnap people from other parts of the world and lock them away for the rest of their lives” without ever having to prove that they were guilty of anything, the Times said. “The thing that is most disappointing for those of us who have been in the fight for this long is all of the people who used to be opposed to the idea of unlimited executive power during the Bush administration but now seem to have embraced it during this administration,” she said. “We have to remember that Obama is not the last president of the United States.” But U.S. Senator Lindsey Graham (R-South Carolina), a backer of the Bush-era detentions, told the Times that the ruling was a "big win" for the U.S. war effort in Afghanistan. “Allowing a noncitizen enemy combatant detained in a combat zone access to American courts would have been a change of historic proportions,” he said. “There is a reason we have never allowed enemy prisoners detained overseas in an active war zone to sue in federal court for their release. It simply makes no sense and would be the ultimate act of turning the war into a crime.” A spokesman for the U.S. Justice Department, Dean Boyd, declined to comment on the decision, the Times said. The three prisoners say they are not terrorists and are being held by mistake.

Ceasefire with Yemeni rebels could help government fight al-Qaida

Today's announcement of a ceasefire with Houthi rebels in the northwest could be the best news Yemen's embattled government has gotten in years. The ceasefire was expected to take effect at midnight Thursday and, if it holds, should help the government focus on the country's al-Qaida insurgency, which made headlines in December by taking credit for an unsuccessful attempt to bomb an airliner on Christmas Day. Yemen has a powerful new incentive for going after al-Qaida rebels -- last month's international conference in London made such an effort a prerequisite for billions of dollars in development aid from Western nations, according to the New York Times. Yemen, one of the world's poorest countries, is seeking outside investment to improve often poor living conditions, including desperate shortages of food and water, that have made the Arabian Peninsula country largely ungovernable and limited the government's authority to major cities. The government in Sana also battling a secessionist movement in the south. Yemen's president, Ali Abdullah Saleh, said four committees would be formed to monitor compliance in the north, and rebel leader Abdel Malik al-Houthi issued a statement Thursday accepting the conditions of the ceasefire, the Times said. Among those conditions are the opening of blocked roads, withdrawing fighters from civilian areas and the return of detainees. The government also demanded that the rebels stop attacks on neighboring Saudi Arabia, which briefly attacked the rebels in November after a border guard was killed. But more than 100 Saudi soldiers have been killed in guerrilla-style attacks since then, the Times said. The Houthi rebels are considered Zaydis, a Shiite offshoot, the Times said.

He's back -- Osama bin Laden vows more attacks on United States

Some guys never give up. We're referring, of course, to al-Qaida leader Osama bin Laden, who apparently released a new audiotape claiming responsibility for a failed attack on an airliner on Christmas Day and threatened new attacks against the United States. The authenticity of the new message was not confirmed by the White House, which characterized it as "hollow justification" for the Sept. 11, 2001, attack on New York and Washington, according to the Reuters international news service. In the tape, the voice presumed to be bin Laden's said the attempted bombing of Northwest Airlines Flight 253 near Detroit was a continuation of its fight against the United States for backing Israel's survival in the Middle East. "Our attacks against you will continue as long as U.S. support for Israel continues," bin Laden said on the tape. "It is not fair that Americans should live in peace as long as our brothers in Gaza live in the worst conditions." Bin Laden also praised the foiled attack on the plane by Umar Farouk Abdulmutallab, who was subdued by fellow passengers before he could ignite chemicals he had been hiding in his underwear. U.S. President Barack Obama, to whom the tape was addressed, said shortly after the failed attack that a wing of the terrorist group based in Yemen was responsible. So, it looks like al-Qaida is still in business -- but so, obviously, is the United States. The spectacularly cataclysmic al-Qaida attack that destroyed the World Trade Center in New York did not, as bin Laden apparently thought, cause the collapse of the United States or the disengagement of its allies. In fact, the opposite has happened, despite the preposterously bad administration of George W. Bush in Washington. And, now, the failed attack on Northwest 253 has prompted an increase in military aid to Yemen and a series of attacks on suspected al-Qaida positions that reportedly killed several of the group's top leaders but not bin Laden himself, even though Yemen became a haven for al-Qaida fighters after the 2001 terrorist attacks, Reuters said. In perhaps the most encouraging development, Western powers have planned two international conferences this week in London to discuss their approaches to Yemen and Afghanistan. The embattled government in Sanaa also is reportedly trying to resist a Shiite rebellion in the country's north and separatists in the south, Reuters said.

West rachets up aid to Yemen to boost anti-terror battle

Why would a sudden increase in U.S. military aid to the Arabian Peninsula nation of Yemen transform the Middle East's poorest nation into a loyal ally in the war on terror? It's kind of hard to see, given that Yemen harbors a branch of the al-Qaida
terrorist group that has been the avowed enemy of the United States for years and is responsible for devastating attacks that have killed thousands of people. But Gen. David Petraeus, head of the U.S. Central Command, announced Friday that the United States would more than double its $70 million in annual military support to help the government in Sanaa, Yemen's capital, crack down on militants believed to be setting up headquarters there, according to the Reuters international news service. "We have, it's well known, about $70 million in security assistance last year, Petraeus said at a news conference. "That will more than double this coming year." British Prime Minister Gordon Brown said Western support was needed to help Yemen avoid becoming a haven for terrorists, and announced a high-level meeting in London later this month. "The international community must not deny Yemen the support it needs to tackle extremism," Brown said. The al-Qaida in Yemen branch itself has claimed responsibility for this month's aborted attack on a passenger jet and is responsible for the attack on the USS Cole in Aden that killed 17 U.S. sailors in 2000 -- even before the still-hard-to-believe attack by its parent organization that destroyed the World Trade Center in New York.

Business at usual at State Department: U.S. gives weapons to Somali goverment

Just when it seemed the new Democratic Party-led U.S. government was reversing the policies of the George W. Bush administration comes word from Washington that the United States has provided 40 tons of weapons to the embattled government of Somalia. The military aid, mostly small arms and ammunition, as well as payments to Uganda and Burundi to train Somali troops, is aimed at helping the embattled transitional federal government of the strategic East African nation defeat an Islamic insurgency linked to al-Qaida, according to the Reuters international news service. Aid delivered in the past six weeks totals less than $10 million, Reuters said, citing an unnamed U.S. State Department official. Al Shabaab fighters control most of southern Somalia and are battling for control of the capital, Mogadishu, Reuters said. "We've shipped probably in the neighborhood of 40 tons of arms and munitions into Somalia, the official told Reuters. "We remain concerned about an al Shabaab victory, and we want to do as much as we can to help the TFG." U.S. officials fear the insurgents want to impose a strict Islamic regime on the country, which shares borders with Kenya, Djibouti and Ethiopia, and is across the Gulf of Aden from Yemen. U.S. President Barack Obama apparently is stepping up efforts to counter al-Qaida influenced insurgencies around the world, like his recent moves to bolster U.S. and Afghani forces battling the Taliban in Afghanistan. Reuters said the United States had hoped that the election in January of a moderate Islamist to lead Somalia would lead to some type of reconciliation between the warring factions, but al-Qaida leader Osama bin Laden -- who the United States blames for the Sept. 11, 2001, attacks on New York and Washington -- declared Somali President Sheik Sharif Ahmed an enemy in a March videotape and called on the insurgents to defeat the government.