Obama Administration

The Death of Bin Laden—A Second Look

There is, of course, no picture of Osama Bin Laden in this blog. It would serve no purpose other than to further agitate the distorted intellects of conspiracy theorists who are already frenetically claiming Bin Laden’s death is a hoax. Still, if a picture paints a thousand words, then moving pictures sketch a dictionary. While photographs possess the power to entrance, often leaving us wanting more, moving pictures transport us to the very heart of action itself, exhausting and exciting our emotions whether for good or for ill.

Following the terrorist attacks of 9/11, people all over the world were stunned and alarmed. Not only did we watch in horror while planes flew into the Twin Towers, we were also dismayed at the level of destruction as the towers collapsed with mini mushroom clouds vainly attempting to shroud the ruin. To make matters worse, the world was subjected to videos of cheering crowds dancing and celebrating these unprovoked acts of death and destruction.

For almost ten years Osama Bin Laden, the founder and leader of al-Qaeda, had eluded the combined efforts of the world’s most sophisticated intelligence organizations. Though he never faded from memory, most people had understandably begun to wonder if he would ever be caught, if justice would forever be denied.

Then, on Sunday night, May 1st, President Obama announced a successful intelligence operation that ended with the death of Bin Laden. The President delivered the announcement with cultured elegance. It is difficult to imagine the emotions he must have been feeling. There appeared to have been excitement in his eyes—resulting as much from the magnitude and impact of his speech as from any possible joy or satisfaction. Obama pronounced a verdict of justice with sedate solemnity, and his words were filled with gravitas as he reaffirmed the perilous milieu of terror that still grips our world. Through it all, Obama was profoundly presidential and resolutely restrained.

Contrast the President’s demeanor with the throngs that gathered outside the White House, in New York City and elsewhere—chanting masses that seem so eerily similar to the cheering crowds of 9/11. It is tempting to dismiss this reaction as Schadenfreude. The truth is more sinister and therefore more difficult to correct.

Certainly there is a mix of emotions welling from within, most uniquely from within the hearts of those who have lost family and friends to the violence of al-Qaeda. From those whose loved ones have been ripped from life, we expect to find relief, gratitude, closure, perhaps even some sense of peace. No one can sit in judgment on how any individual who has suffered such tragedy should feel or react. Indeed, there probably is no “should”.

At the same time, a desire for understanding and compassion must not deter anyone from probing deeper questions of response. Specifically, what is an appropriate collective reaction when a perpetrator of mass violence ends up the prey of violence, himself? There is simply no triumph or honor in the ability to kill. That was what Bin Laden stood for; it cannot define us, also. There is something terribly obscene about watching people celebrate any death, even the demise of Osama Bin Laden.

Whether in the Middle East or in the United States, such assemblies demonstrate a depraved indifference to life and exhibit a duplicity that is beyond the pale of reason. If all human life is of value, then every human life is of value. For believers there is also a religious component. After all, even the Osama Bin Laden’s of the world are created in the image of God. Although they betray that image by acts of violence, we also betray that image--and our faith--by celebrating their executions.

In the United States today, perhaps in every country, we cry out for leaders, for men and women to serve as examples the rest of us can admire and emulate. It was evident on Sunday that we have at least one politician who understands what it means to lead and to inspire. President Obama did not taunt the enemy in his Sunday address. He spoke with candor about justice, but his words did not evoke revenge.

Public displays of emotion, even those that originate from conflict, are not inherently perverse. Innumerable photos and newsreels abound of citizens from various countries celebrating the end of World War I & World War II. In those pictures we see men and women rejoicing, not because someone has died, but because the specter of violence has ended. They celebrate in the hope that perhaps no one else will have to die by bloodshed. They celebrate a peace that was won with incredible sacrifice.

While that hope certainly surfaces with the death of Bin Laden, the mobs we have seen in the streets of America are not celebrating peace. As the president stated, the fight against terror goes on. No, the mobs are celebrating violence itself, and that kind of rejoicing debases us all. However difficult it may be, we must reach deep within ourselves to embrace the more courageous and truer principles of peace. We must be better than Osama Bin Laden was.
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Innocent until...

There was a time when an elementary school child could complete the phrase above: Innocent until proved guilty. That time is long past, in great part, because today almost everyone accused of anything is presumed guilty. There are a number of contributing factors--crime dramas such as the long-running "Law and Order" being one of them. I confess that I am a fan of the original show. Still, I am keenly aware that many of the episodes were designed to commit the viewer to a presumption in favor of guilt. The prosecution did not always win, but when it did not, the viewer was manipulated into feeling that somehow there had been a miscarriage of justice and that the guilty had gone free.

The 24 hour news cycle has also contributed to the flip of the presumption principle. In a rush to scoop other networks and to cement the attention of the viewer, cable news, in particular, frequently and irrationally condemns and convicts persons accused of crime, leaving little or no room for the finding of fact. This finding of fact is what a public trial is supposed to be about, but cable news has become its own courtroom. When the jury pool is comprised of people who have already convicted the accused, how fair or just is justice?

A third, and even more insidious, factor originates in the halls of government. Ever since 9/11 various branches of the government have played on the nation's fear. No one wants to see planes hijacked, buildings blown up and innocent civilians killed. Terrorism strikes fear in the hearts of all. But should we also allow terrorism to strike paralysis in the mind? Our justice system is designed to protect the rights of all, the victim and the accused. When the pursuit of justice is slanted in either direction, the scales become unbalanced. When it is driven by fear, the collective mind becomes unhinged.

This past Wednesday, November 17, the first Guantánamo detainee to be tried in a civilian court was acquitted on 284 of 285 counts of conspiracy and murder. Ahmed Khalfan Ghailani was not involved in the 9/11 attacks. He was accused of participating the 1998 bombings of United States embassies in Kenya and Tanzania--bombings in which 224 people were killed. Captured in Pakistan in 2004, Ghailani was held for nearly five years in a "black site" run by the CIA--far away from the peering and pesky eyes of U.S. justice--and then at Guantánamo.

Immediately following the verdict, pundits and politicians began parsing the trial and condemning the Obama Administration for proceeding in a civilian court instead of a military tribunal. It is much easier to admit illicitly obtained evidence in military courts. And, after all, everyone knows that Ghailani is guilty. Right?

Whoa! Back up a bit. Many, if not most, of those who are condemning the Obama Administration's decision are not at all interested in truth or justice. They are merely provocateurs seeking to capitalize on the fear of the American people. Even my friend David Kelsey over at Examiner.com got into the act with an article that was more inciting than informative. These critics seem to forget that there have been other civilian trials of suspected terrorists that have resulted in guilty verdicts.

In this latest trial could the unthinkable be true? Could Ghailani actually be innocent? Or on a darker note, could the unspeakable be true? Could U.S. agents actually be engaging in illegal torture to elicit information that they have already deemed as fact? This was the real problem with the evidence against Ghailani--much of it was obtained illegally and so was excluded from trial. There is a reason that not even the government is supposed to be above the law. The integrity of the justice system must be maintained at all cost. At this point I have to wonder if the Administration's critics are not simply driven by some kind of self-serving limelighting.

It is not extreme to suggest that the country itself is at stake in these proceedings, and not because terrorists might be set free. The U.S. Constitution is a remarkable document that stands as a model and example for all. If its guarantees are restricted only to U.S. citizens, it becomes capricious and arrogant and our moral standing in the world is diminished.

The concept that a person is innocent until proved guilty is not uniquely American. It is foundational law in many countries including Canada, England, France, Brazil and Russia. It is also enshrined in the United Nations' Universal Declaration of Human Rights. Although the United Kingdom and the United States have chipped away at the presumption of innocence, it must remain a bulwark in our legal system, regardless of what various commentators might suggest.

The Bush Administration led the American public into a legal tunnel. Unlike the carnival, however, this tunnel was not filled with artificial amusement. It held real dangers and it did not exit to the lights and thrills of the amusement park.

Rather than being pilloried by the press and other right-wing critics, the Obama Administration should be heralded for having the moral integrity to restore justice to its rightful place in the fight against terror. As a country we must have faith in our Constitution and the courage of our convictions. In the end, the loss of truth and freedom is greater than the loss of life.
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