Showing posts with label United States. Show all posts
Showing posts with label United States. Show all posts

February 10, 2010

My Rights are Your Rights

I've just finished reading a New Yorker article about the furor regarding Attorney General Eric Holder's decision to try Khalid Sheikh Mohammed in United States criminal courts.

The timbre of the article leaves me with an image of the writer, Jane Mayer, with one hand on her hip and the other pointing particularly at a phrase in the Declaration of Independence.

She hopes you'll recall that many of the men who sculpted the constitution also signed, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights," with emphasis on "all men" and "Creator-endowed unalienable Rights."

I'll briefly summarize and provide context. Eric Holder's first argument for holding the cases in federal criminal courts, rather than by military commission, reduces to the fact that his prosecutors have a better case than the military does. They have produced evidence without resorting to torture. Evidence via torture is just about all the military prosecutors have, and they hardly have that.

As Amy Jeffress, Holder's national-security adviser, is quoted in the article, "There was no file for each detainee. The information was scattered all over the government. You'd look at what the Department of Defense had, and it was something, but, as a prosecutor, it wasn’t what you’d like to see as evidence. . . . It was pretty thin stuff."

Holder's second argument is simply sound public relations: much of the world considers the military commission system established by George Bush to be illegitimate, and certainly the Islamic world is concerned about convictions based on evidence obtained via torture.

As Holder is quoted, "Values matter in this fight. We need to give those who might follow these mad men a good sense of what America is, and what America can be. We are militarily strong, but we are morally stronger."

The legal argument against holding the cases by military commission rather than in criminal courts, where the defendants will be afforded all rights under the constitution, is that Khalid Sheikh Mohammed, et al, are enemy combatants and therefore needn't be afforded said rights.

The article quotes Andrew McCarthy, the former Chief Assistant U.S. Attorney who led the prosecution of the 1993 World Trade Center attacks, declaring that Holder didn’t "understand what rule of law has always been in wartime." He said, "It’s military commissions. It’s not to wrap our enemies in our Bill of Rights."

Or as Scott Brown's campaign asserted, "Some people believe our Constitution exists to grant rights to terrorists who want to harm us. I disagree."

Some common people agree with McCarthy and Brown. Ms. Mayer quotes a protestor, Carolyn Walton, "How can someone who is not an American have any right to our rights? Holder wants to help the terrorists."

America is Universal Rights

But our American identity depends on the idea that our country upholds Rights we profess are universal ("all men") and absolute ("inalienable", "endowed by their Creator"). We believe we were given these Rights not because we are American, but because we are Human.

We love our country because it is one of the few that exists precisely to protect those Rights. America is not merely a space of land: it's a set of ideas that hold all people as created equal, endowed by their Creator with certain inalienable Rights. That set of ideas, and not our territory or economic might, has justified our intervention in the affairs of the world.

The United States crossed oceans twice to defend the inalienable Rights of humanity against dictators who sought absolute power. The United States stood against the spread of Stalinism, because Stalin spit on Russians' Creator-endowed Rights. The United States intervened in Kuwait when a dictator extended his reach.

The United States assisted Afghanis twice: once to defend civilians against Soviet aggression, and once to free citizens from the grip of totalitarians who stripped them of their Rights. The United States supported Iranians last summer as their government violated their Creator-endowed Rights to speak freely, to gather and to govern themselves.

We act contrary to our American identity when we avert our eyes to abuse of inalienable Rights or when we support dictators who impinge the very Rights we uphold (Pinochet, Noriega, Maximilio Hernadez). We disgrace ourselves when we treat prisoners in a way that implies, "We will summarily rob you of your Creator-endowed Rights to assure ours."

We disgrace ourselves if we say, "All men are created equal, endowed by their Creator with certain inalienable Rights, if by 'all men' you mean US Citizens."

If we are Americans, then we must not deny those Rights to any person. Not even if we believe they're a terrorist. Not even if we believe they're a war criminal. Not even if we believe they're our enemy.

Only if we prove them guilty -- by a fair trial, by a jury of their peers, with evidence not extracted by violating their Creator-endowed inalienable Rights -- may we call them felons and punish them appropriately.

If we can act justly at Nuremberg when trying some of the most depraved humans in recent history, then surely we can act justly when trying Pakistani villagers.

Answering the Skeptic

A good skeptic will ask, What if Khalid Sheikh Mohammed is found innocent? An argument for the military commissions is the relative certainty that they will convict.

But truly, if the best prosecutors in the United States cannot convince twelve Americans that Khalid Sheikh Mohammed is guilty, then maybe he is actually innocent. Few events could damage the United States' efforts to protect the Rights of humanity than if we execute an innocent foreigner.

If a military commission executes a man who is later exonerated, then for the next century, each time the United States attempts to defend the rights of humans in Cambodia or China, we will be firmly reminded of our own violations.

If the United States wishes to preserve its moral capital, it must remain above reproach.

The upside to this whole debate is that Holder's prosecutors claim they have sound evidence. If we allow the Justice Department to try Khalid Sheikh Mohammed in US criminal court and he is found guilty, he will be punished with death, just as if he were convicted by a military tribunal.

But by trying him in US criminal court, we uphold our American identity as the defender of the inalienable Rights of all humanity.


PS. To be fair, there's a very practical argument against trying Khalid Sheikh Mohammed in criminal court: the case will cost too much, with estimates ranging from a few hundred million dollars to a billion. Clearly those costs must be controlled, and decreased. Even at the low-end, 300 million dollars for a trial is absurd. On the other hand, we've spent around a billion dollars improving and servicing the detainment facilities at Guantanamo since the first prisoners arrived there eight years ago. I address money only to predict anyone who deflects the moral argument in favor of arguing finances. The financial cost will be high either way, but the longer we delay, the more the prisoners cost us.

January 11, 2009

Day 106: Notes on a Country

One of my childhood friends moved when we were teens from Seattle to Muscatine, Iowa. His affection for the home of our youth grew through the years. The longer he was away, the more he found his identity in what he'd left. These days he lives in L.A., but even now he seems to have more zeal for my region than I do.

For perhaps the first time since my friend moved, I can commiserate with him. I'm finding my identity is founded more in what I left behind, than in the reasons why I left. Like the philosopher Hegel said, I'm examining my surroundings to find out which of it is not me. That which I don't reject, that which I affirm, I hold onto as the vague outline of my identity. In Korea I reject a lot. Not much of the culture here resounds with me. Instead, after my years of criticizing my home, I'm surprised to find that the silhouette remaining, my core identity, resembles the US.

I realize now that there's a lot of United Statesian inextricably woven into me. It seems, for all my syncretism, I can't get the American out of me.

Having been out of the US for 9 of the past 11 months, I've very gradually become fond of the hobbling, optimistic people and complex, chaotic, confusing land I left behind. Part of that fondness is fed by the stark contrast Korea presents. Part of it grows from brief moments of hope inspired by small people doing grand things.

I suppose I shouldn't be too surprised. It's the very core of the United States that encourages my criticisms, both in opening a podium for discourse via the first amendment and by enamouring me so I'll come critically to its defense when that podium is threatened.

I love that everyone in the US -- immigrant, CEO, religious, Daughter of the Revolution, bourgeois, ex-con, or student -- is, at least theoretically, allowed a soapbox and equal access to the air that will gladly carry their cries.

Perhaps I'm a bit self-righteous when it comes to our constitution and our incorrigible, polyphonic disagreeability. The same brutish, self-unconscious rudeness I despise in some United Statesians when it occurs in a quiet pub or museum, I love when it heralds fierce patriots parading some cronyist injustice or US-government condoned oppression to the chagrin of the supposedly patriotic.

The US is a noble culture and a fetid culture, but there's room for both. There are plenty of governments-by-the-people-for-the-people doing parts of it better. How I'd love Poland's universal free education all the way through university. How I'd love Canada's extensive support for the arts. How I'd love to see individual states defy the central government more, in the spirit of Ireland, Sweden and Connecticut. I'd love to see more legal equality and social acceptance for minorities.

I love that the US constitution protects both the rights of the majority to dislike the minority and the minority to challenge the majority. At the end of all the name calling, bickering and outright conflict, the constitution prescribes civility and allows enemies to dialogue til they become friends or go to dinner as enemies. It allows universities to explore risque subjects. It's the constitution itself that makes allowances via the court system for resistance, defiance and outright disobedience when such freedoms are threatened.

There's little open discourse in Korea. Friends of mine who teach adults English via topic based conversations complain that in consecutive classes, the same basic opinions are rehashed repetitively. Nor is discourse encouraged. Technically the founding contract of Korea protects freedom of speech, but the government doesn't go in for the whole constitutional law thing much: they're a majority party and they've stacked every piece of government machinery with cronies. Just yesterday a blogger was arrested for speculating Korea's currency, the Won, might collapse.

Beneath the government level, the culture itself discourages dissent. At my school, often horrible ideas proceed without questioning, refinement or improvement. For example, a 4th grader was hit by a car when walking across the street. The next day the school banned 3rd graders and younger from riding bikes to school. I was the only one who pointed out the non-sequitur nature of the mandate. Other teachers said, "It's ok, it's ok!" and "Don't you think this makes sense?" giving me a chance to come to their side. No one is expected to embarrass a leader by questioning their wisdom.

Young people are constantly coerced to do as their elders deign, even when decisions are completely non-sensical. For example, in Korea, boys are circumcised when they're in the 5th and 6th grade. Leading doctors here acknowledge the surgery is pointless at that age, as sanitation is no longer an issue for a 12 or 13 year old.

However, according to a friend who's been advocating against circumcision in Korea for the past 4 years, the majority of doctors know little about the procedure beyond how to actually sever the foreskin. Fathers are too busy at work to take their sons' side, and too harried to be approached. Mothers aren't informed on the details of the operation and so mandate their children undertake it. The boys of course understand the ramifications: weeks bedridden, the embarrassment of bloody pants and the effects of heavy painkillers taken for up to a month. Ignorance and corrupted doctrines of Confucianism perpetuate genital mutilation, which is certainly child abuse.

It's the freedom to dissent and the equality of all humans that I identify most with the in US. Children and adults, principals and teachers are equally defended under the law. There's an ingrained, fierce defence of humanity with all its forms, creeds, lifestyles and ideas. It's this aspect more than others that differentiates the US from Korea. Korea often seems juvenile and uniform. It feels like middle school, whereas the US feels like a university full of disagreement and discourse. That aspect alone makes the US rare and worthy of preservation.

Maybe I only feel this idealism at a distance. I have a feeling one day back in the US would dampen my affections. Yet, many of my cricitisms rose in reaction to Bush administration gaffs and big corporate handouts due to traditional politics. Perhaps later this month, that will begin to change. Maybe, maybe not: new ways and old ways have equal opportunity in the US.

I'll end with a summary statement that concisely conveys my current perspective. It rose from the mind of a British man during a similarly convoluted time in US history: the Vietnam War era. Aptly enough, I discovered the statement through another foreigner, a fellow blogger and traveler from Singapore and Malaysia, when she summed up her study abroad experience in the US. She wrote:

After only 4 months [in the US], I am ill-equipped to form a conclusion on America and I suspect that it'll be a nation that will perpetually baffle me.

One man can, though. And that man is Alistair Cooke, a BBC correspondent who had a weekly radio show about America, Letter from America. Never before have I heard such an articulate and moving description of the country, and a timeless one at that- for it holds true almost 40 years later:

In a self-governing Republic - good government in some places, dubious in others...with two hundred million people drawn from scores of nations, what is remarkable is not the conflict between them but the truce. Enough is happening in America at any one time - enough that is exciting, frightening, funny, brutal, brave, intolerable, bizarre, dull, slavish, eccentric, inspiring and disastrous - that almost anything you care to say about the United States is true.

- From Cooke's broadcast, 19 October 1969 -
America, I have learned, is what you make of it. The freedom to do so is the most beautiful sort of freedom that I have ever encountered.
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Yes. What is remarkable is not the conflict, but the truce. And yes, almost anything you care to say about the United States is true. One country of many nations, with liberty, opportunity, and at least half a chance at justice for all.

Love and peace to you all, and if you're experiencing extreme weather, stock up, hunker down, bundle up and don't forget to enjoy the novelty of the storm.

Galen

PS. Especially to those who disagree with or don't like the next President of the US: As Mr. Obama becomes President, keep in mind his understanding of the country. He sees space for your dissent, whatever your creed, beliefs or lifestyle. I hope this statement lifts your spirits and invites you into discourse: "During the course of the entire inaugural festivities, there are going to be a wide range of viewpoints that are presented. And that's how it should be, because that's what America is about. That's part of the magic of this country is that we are diverse and noisy and opinionated." - President-Elect Obama

November 13, 2008

A Korean Opinion on Obama

This is long. Really long. My main point ends in the paragraph after the story of Sai. Feel free to stop there. :)

So Mr. Obama's the President-Elect.

I'm sure some of you are elated. And some of you are hiding your face in your hands, convinced you've witnessed the end of an age.

The reaction among the people I interact with in Korea is favorable to Mr. Obama. My fellow teachers like him, though one mentioned worries about Mr. Obama's negative stance towards Free Trade Agreements (in the end we both agreed Fair Trade is better for everyone).

My students love him. They don't really know much about issues, but they have an interesting insight: When I asked them why they prefer Mr. Obama to Mr. McCain, they universally replied, "Because he's kind."

Hm. Kindness. It is an attractive trait. Unkindness is exactly what dissuaded me from respecting Ms. Palin (and now that McCain's aides are talking, it turns out the unkindness is one among many disagreeable symptoms). Kindness seems a great platform to run on, and a great reason to elect a human as president. Mr. Obama did run the gentler campaign, although Mr. McCain and Lieberman both generally showed themselves to be gentlemen. Ms. Palin was the pitbull chewing on the childs arm, a strong contrast to Mr. Obama who showed himself respectful, even-tempered and, well, kind.

My students and co-teachers have wanted to know what I think. I've told them the same thing every time, and it's not a short answer.

The pundits' extreme approval or abhorrence of the President-Elect reminds me of an old story about hasty conclusions (and it turns out the story has it's own name in Korean, which I can't spell). There are many versions, but here's one:

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An old man named Sai lived near the border of China. One day his horse ran away. Upon hearing the news, his neighbors came to visit.

"Such bad luck," they said sympathetically.

"We'll see," Sai replied.

The next morning the horse returned, bringing with it three other wild horses.
"How wonderful," the neighbors exclaimed.
"We'll see," replied the old man.

The following day, his son tried to ride one of the untamed horses, was thrown, and broke his leg. The neighbors again came to offer their sympathy on his misfortune.

"We'll see," answered Sai.

The day after, military officials came to the village to draft young men into the army. Seeing that the son's leg was broken, they passed him by. The neighbors congratulated Sai on how well things had turned out.

"We'll see" said Sai.

----------------

Some of you are mourning Mr. Obama's election. Some of you are cheering. I say, wait -- we will see.

He's inherited the toughest set of issues since and perhaps even surpassing FDR's: two wars; a volatile economy; a country with no remaining diplomatic or international political capital; a nation divided into two camps which don't understand each other and won't, because they shun each other; an abused earth full of abused people -- often at the hands of United State's interests; the weight of an immediate 46% disapproval rating.

Mr. Obama can't fix everything. He's not a messiah or anything the conspiracy theorists have accused him of. He's a human who just got hired to the most stressful job available. And just like the rest of us humans, he needs needs people showing up at the game, needs rest and kindness and applause. He faces every emotional need the rest of us do, but he has to do it with 46% of the voting populace telling him they don't like him for various reasons, most of which have nothing to do with him as a person.

The guy's under a lot of pressure, and the problems seem to be growing, at the moment.
Which is where you and everyone you know come in.

This is our country (well, if you live here or can claim citizenship), and it's our responsibility to fix it.

Your opinion of Mr. Obama, or of any of his policies, is irrelevant, completely. Any crumbling of the United States during his administration will be your fault, not his. The president of the United States is not responsible for the health of the United States. The president is the chief diplomat and signatory. The legislature is responsible for the health of the nation. They represent you, the people. The president represents the states. That's why they're chosen through the electoral college, a group of electors chosen by the states. You choose the legislature, and they, not the president, speak for you. You and the States balance the power of the nation, both limited by the courts.

Mr. Obama has been placed in a role that can't legislate. He has executive orders, but most presidents avoid using them (except at the very beginning or end of their terms, to fortify their party's positions or to start with a clean slate). His administration will pass policy ideas to the house and senate, and sometimes even write the laws, but you, via your representatives, pass the laws.

Yes, you. You can influence your congresspeople to vote against policies you don't like, or to vote for policies you do like. If you live in a district controlled by the party you don't belong to, you still have a say in what gets passed.

Voting is not democracy. (Most dictatorships vote too.) Democracy is direct decision making by the people with no intermediary government. Of course, we have representatives, because we're not a democracy. We're a republic. A federation of states. But we hold to democratic ideals, and our congresspeople want to get reelected, so they do what we want them to. Or I should say, they do the will of those who talk the most and loudest.

Your responsibility for your country goes beyond November 4th. You also are in charge of what laws pass, what taxes are levied, what wars are fought. What happens in this country is up to you.

Beyond your responsibility to country, and to yourself, you are responsible to your fellow humans. We are all members of a social contract: wishing to avoid a lonely, exposed and miserable existence, we group with other people and each give up a little freedom so that we can all have a bit of security. Government is one means to that security. Another means to that security, perhaps the one most dependent on you, is altruism.

Our kind actions towards each other will benefit our country more than legislation, for two reasons: first, we're divided on the proper type of legislation, but likely agree on kindness. Second, legislation is general. It's vague imparticularity prevents it from precisely treating the needs of individuals. Your altruism, on the other hand, can directly address pertinent immediate and perpetual needs. Enough small changes can have huge, exponential effects.

Altruism is a more important democratic action than voting. By doing good you positively alter the course of our country and society. Perhaps you cannot specifically dictate whether or not Mexican immigrants will be offered citizenship, but that likely will be because other people influenced their legislators, or were altruistic enough to eliminate the problem in another manner (for example, ending Free Trade Agreements that devestate Mexican farmers, thus reducing the necesity of their emigration).

But you can make the United States more inhabitable by making it a safer place, a place where people trust each other, support each other and like each other, all by being kind to other people. By improving the environment we live in, we will improve our lives and our country.

What Mr. Obama can do is remind us citizens and sojourners who we are and what principles we agree to live by in our social contract. Principles in which I agree that another human may have liberty to non-violently act however they wish in exchange for my liberty to do the same. In which I agree no one is guilty until they're proved thus univocally. In which I agree we're in this together, and not in this seperately. We rise and fall as one; we are E pluribus unum.

We are the change we need, not Mr. Obama. He's just there to point the way and to tell other countries where we're going and how much they're going to like the way we remodeled and how they're welcome here, all of them, anyone, so long as they're willing to work for the common good.

Love to all of you, and peace, hopefully.

May 27, 2007

Immigrant bill could break up families

Immigrants Learn of the Impact of the new bill in Congress

The new immigration bill will separate families, according the the Seattle Times article linked above. I'm growing more and more concerned about how we treat immigrants, both legal and illegal. They're people too. And generally beneficial people. More on that if I can find the article I was reading yesterday.

Any thoughts on how to convince congress AND the general US population that mistreating immigrants is just poor sport?