I recently thought of a really cool idea for a terrorist attack on the US.
What? Like they haven’t thought of everything already? Well, maybe not this, but if they actually try this don’t blame me, it suggests itself easily enough.
The Taliban need to get together a good sized force- 500 to 1000 hell-bent for leather desperadoes- and move on US forces in Afghanistan. Then, they should surrender.
“Ooooohhh, some terrorist attack. That’s terrifying and disorienting.” Please- sarcasm is rarely effective humor and never effective argument. But since you don’t get it yet, I’ll explain.
The prisoners of Guantanamo Bay have wreaked far more havoc on the US relaxing in their orange jumpsuits eating delicious, and completely halal, Army chow than they ever did on the battlefield in Afghanistan. Or, more specifically, their lawyers have, all American citizens, and all sworn before the bar to uphold the law as officers of the court.
Well, not them either. Thousands of times every day judges dismiss motions from defense counsel that don’t have a prayer, without rolling their eyes because they understand the defendant’s lawyer has an obligation to do everything in his imagination to protect his clients procedural rights, even if he’s really grasping at straws.
Of course in any number of cases they have a valid point and get the ruling. That’s how the adversarial system works.
And yet power goes to the heads of a lot of people, judges especially. They have trouble believing anybody can do anything without their consent and supervision, or any American at least. And so they regularly invent new rights for terrorists, who have gone from being illegal combatants eligible for battlefield execution to criminal suspects with full legal rights in US criminal courts and aliens with full legal rights before immigration judges.
Why? Because at root America is wrong. Whatever it is doing, it must be suspect, and enemies of America most likely have good reasons for doing what they do. Everything the US does can and should be litigated.