Tuesday, February 20, 2007

 

Fascist! Murderer! He Explained Patiently

Our least favorite law professor columnist, Paul Campos, gets a little personal in today's installment of the weekly opportunity Campos uses to reveal his true ignorance of the war we are in and his candyland ideas of the world outside his classroom. First he compares my friend Hugh Hewitt, and leading right center blogger, Glenn Reynolds, to Ward Churchill in the title of his piece; then he compares them to fascists (which is a joke--at worst Reynolds is a libertarian and Hewitt an evangelical, both are about as far from fascist as you can get on the political continuum). Here is Campos' money quote:

And while it would perhaps be an exaggeration to call people like [Glenn] Reynolds and his fellow law professor Hugh Hewitt (who defended Reynolds' comments) fascists, it isn't an exaggeration to point out that these gentlemen sound very much like fascists when they encourage the American government to murder people.

OK, let's go back. Here, in total, is what the Instapundit, Glenn Reynolds said (linking to Cap'n Ed Morrissey) about the capture in Iraq of 100 of the 800 Steyr-Mannlicher HS50 sniper rifles Austria sold to Iran a few months ago, et al. Here is the first paragraph:

This has been obvious for a long time anyway, and I don't understand why the Bush Administration has been so slow to respond. Nor do I think that high-profile diplomacy, or an invasion, is an appropriate response. We should be responding quietly, killing radical mullahs and iranian atomic scientists, supporting the simmering insurgencies within Iran, putting the mullahs' expat business interests out of business, etc. Basically, stepping on the Iranians' toes hard enough to make them reconsider their not-so-covert war against us in Iraq. And we should have been doing this since the summer 2003. But as far as I can tell, we've done nothing along these lines.

And here is what Hugh Hewitt said, after quoting the above:

Glenn will no doubt attract virtual bricks from the usual suspects, but he goes right to the heart of the problem. If we know that Iran is killing American soldiers, if we don't punish that action is some way, the killing will not only continue, it will increase.

Note that Hezbollah hasn't kidnapped any Israeli soldiers lately. There's a reason.

I am unable to find the fascist content in any of these three paragraphs. Of course, I'm not a lefty, so I don't immediately use the word 'fascist' to describe someone I simply don't agree with.

Campos is totally wrong, and really very naive, to say "Of course Iran is not at war with America..." (They invaded our territory (the Tehran Embassy) in 1979, and have never backed down, never apologized and continue to wage war against us since that first warlike act).

He is also completely and somewhat simperingly wrong that scientists working on nuclear weapons are classified as non-combatants.

Campos is also monumentally wrong (and I hate to say this considering his position at the University of Colorado Law School) as usual about the law, almost every bit of it he refers to. The smart, anti-fascist, right side of the political aisle has pointed out a lot of what was lacking in Campos' screed, like facts and logic--that sort of thing, particularly Glenn Reynolds at Instapundit and John Hinderaker at Powerline.

Name-calling, particularly using names like 'fascist' and 'nazi,' is not designed to further debate, but to cut it off--to stifle continuing and free speech by shifting the ground under the opponent, who must instantly start defending him, or her, self from the vile names so that the original thread of the 'debate' is lost and forgotten.

Campos should be ashamed of himself, but I believe, as I have for years now, that he is too fatuous to feel shame. There's some name-calling that is actually deserved.

And finally, when the Behemoth of lefty intellect Ward Churchill was, as usual, comparing people to Nazis, he was talking about his fellow citizens who were victims of the 9-11 attacks. How in the world does that odious comparison to SS Obersturmbannführer Eichmann in any way compare to Reynolds' and Hewitt's seeking effective ways to protect our troops in Iraq from attack by Iranians or by Jihadists with Iranian supplied weapons?

UPDATE: One of our favorite law professor bloggers, Eugene Volokh, has his well reasoned say on the matter, Money quotes:

Nor can we simply say that "Murder is the premeditated unlawful killing of a human being" and appeal to some abstract legal principles to decide that targeted killings are "unlawful" and therefore beyond reasonable discussion. First, the legal rules are far from clear — for instance, some have pointed to Executive Order 12333 as a categorical prohibition on "assassination," but an influential, and, in my view, persuasive, 1989 memo concurred in by various Executive Branch legal officials concludes that many targeted killings remain permissible despite this. The memo likewise concludes that many such targeted killings do not violate various international law norms.

[...]

In any case, these are serious questions that serious people should discuss seriously. But Campos isn't in the mood for discussion. He is so confident of his position that he wants his academic adversaries fired, the usual rules of academic freedom suspended, and the debate presumably shut off at all levels: After all, if discussion about this is improper for academics, it is presumably at least as improper for journalists, think tank members, Congressmen, executive officials, and everyone else.

Welcome to visitors following the link from Instapundit.

UPDATE 2: Our less liberal paper, The Rocky Mountain News, which runs Paul Campos' thoughts and ideas on Tuesdays, was nice enough to publish Glenn Reynold's response to Campos. Reynolds was nicer than I was, but ultimately his response cut the deeper. Behold:

Other law professors have, of course, made similar arguments, at far greater length than my blog post. Campos, himself a law professor, could have learned these things through a simple Google search, but apparently did not.

Instead, he authored an uninformed column, and then added a thuggish suggestion that my university should discipline me for daring to utter thoughts that, in his uninformed state, he found uncongenial. After he has educated himself sufficiently to have an informed opinion on the subject, Campos might still disagree. But if he does, I promise not to try to get him fired for not sharing my opinions. Perhaps one day, he’ll learn to return the favor.


UPDATE 3: Local blogger Jeff Goldstein throws in his two cents--snarky without being smarmy. His best paragraphs:

It used to be that public intellectuals took their positions seriously enough to engage in good faith arguments. But Campos—despite being given a high-profile forum from which to do so—is less interested with arguing points of fact than he is in placing his opponents on the defensive. That is, rather than argue against a position on the relative merits of that position, Campos seems entirely more interested in unfairly demonizing those who disagree with him, the hope being that such a rhetorical ploy will weary them into silence. Which, as a strategy, is both intellectually lazy and transparently self-serving.

Reynolds calls this attitude “thuggish,” which is far too kind a description, I think. Because what it is is precisely the kind of progressive totalitarian impulse that, drawing on the intellectual entitlement it feels it has earned by virtue of what it considers to be the moral and intellectual unassailability of its positions, is able to rationalize away anti-intellectual behavior as just another necessary evil in the service of constructing the perfect society, even if doing so dictates that virtually any means, however temporarily distasteful, are ultimately justified.

Comments:
I've had some differences with Reynolds, but not on this issue. As Churchill proves, it's OK to advocate killing Americans but a no-no to suggest we should snipe those dogs whose lives are dedicated to burying us all.

I don't know what the hell is wrong with the president, other than he listens to the wrong people. Were I in his shoes, the assassins would have been afield long ago, slaying mullahs and Iranian presidents (and you can throw Hugo Chavez into the mix for added affect).
 
Well stated, Jim, but I oppose killing the leaders of other countries so that killing ours stays, for a few, off the table. Seems to me that we have to do something and I can't tell if we're doing anything.
 
Rog,

2 questions: 1. Do you get wet from the back splash of shooting Fish Campos in the barrel?

2. And more importantly, do you believe in targetted killings? I am not talking about should we target Osama bin Laden or his ilk who have placed themselves beyond the entitlement to the protection of civilzation, but do you believe it is apropriate--not arguably "legal" but appropriate-- to target a citizen of another country who, in the interests of his country, is working toward an end which is inimical to our national interests and/or security? An easy example would be an Iranian nuclear scientist.

Regards,

T
 
Tony,

I thought for a minute that you were suggesting that Campos be targetted.

I think that the reason that we don't target leaders more is a fear that it will be recipricated. But realistically, our form of government is probably more resiliant to assasination of our leaders than for example a dictatorship.
 
Roger's terminology, "first warlike act", is incorrect. The correct terminology is, "first act of war". It's important to be precise when using such terms of art. A government-sanctioned invasion of the sovereign territory of the United States is unambiguously an act of war.

Now, I can't speak for Roger, but I think it entirely appropriate to kill enemy nationals in time of war, either wholesale or retail. Frankly it's more honorable to kill discriminately than indiscriminately.

I think it's pretty well-established as a matter of international law* that killing civilians engaged in supporting or increasing the military power of an enemy is a legitimate action in time of war. Scientists engaged in military research seem clearly in that category to me.

As an aside, note that the category, "a citizen of another country who, in the interests of his country, is working toward an end which is inimical to our national interests and/or security", includes soldiers. I assume you agree that it's appropriate to kill enemy soldiers in time of war.

Finally, if I were a national leader, I would probably support a ban on the killing of national leaders. Given the self-dealing involved, however, I'm not sure that I consider that a convincing argument.

* To the extent that anything is well-established as a matter of international law, anyway.
 
I understand the reasoning behind the idea of not targeting national leaders for fear of reciprocity, however I think it would be somewhat naive to assume that most of our enemies refrain from targeting our president because they feel some moral obligation against it. I suspect it's merely a matter of inability to get to the subject and, contrary to what a lot of people think, our security and intelligence is on par, at least, with most of the world. Actually, I suspect it's a lot better than that found most places.

To me it just boils down to one consideration--is it fundamentally wrong to kill those who would kill you given the opportunity. I say no, it's not. Self-preservation is perhaps the strongest instinct we have, and that should be manifold when we're talking about preserving our culture and way of life. It makes much more sense to target specific individuals than to engage in the sort of indiscriminate killing we have done in wars past--let's face it, we have destroyed civilian populations (Dresden, Hiroshima, Nagasaki to name a few) for the sole purpose of killing the spirit of an enemy. It would have been much more humane to have removed Hitler or Tojo from the scene before such became necessary.
 
Thanks all for the comments. I guess I've not appeared on the radar of the far left yet (or even they are laying low on this one). Many people tried to kill Hitler for about 15 years and he always survived. Incredible. But I think we can all agree that, at least post 1938, it would have saved millions of lives to have killed him and his homicide would have been, therefore, a moral act, and not murder (defense of others). I just hate the precedent, just as I hate nuking cities for the precedent (even though I might well not exist had we not stopped the war before invasion of Japan, as my dad was an Lt. in the Pacific then and I was born in 1953). I think again that we can agree that the August, 1945 nukings actually saved lives back then, and so far so good about more nuked cities. Again thanks for your extremist, fascist views on political murders by the new Nazis, the Republicans. (we needed a little left wing rant about now, I think). It was a pleasure reading them.
 
If you want to see comments, here is Glenn's response today in the News: Arguing from ignorance which starts out:

Paul Campos has beclowned himself. He did it in the usual way, by arguing loudly about things he does not understand.
 
Whoops - sorry I didn't see that you had Glenn's response already until I scrolled down through your entire post.
 
Doug,

By way of clarification, my question did not refer to conduct in times of war but rather in times
like these. Take Iran which was the subject of these comments. Are targetted killings of Iranian Mullahs and nuclear scientists appropriate?

T
 
This is a time of war with Iran, as it has been since 1979. (Similarly, we are at war with North Korea, and have been since 1950.)

Iran has committed acts of war against the US several times in the last 28 years. That the US has not chosen to respond robustly does not remove the casus belli. Until there is a formal resolution of those causes, they remain.

And until there is a formal action by congress, the executive has the sole right and responsibility to respond. Violent response to violence is entirely within the purview of the executive. For a practical example of this with less political baggage, see, for instance, the Mayaguez incident.

A state of war exists between the US and Iran, though at this point it is a very low-level war. In that context, killing those who support the military is entirely reasonable.

Now, if you want a harder case, try Pakistan. When AQ Khan, a representative of the Pakistani government, transferred militarily significant information and materiel to active enemies of the US (N. Korea, Libya), this could have been construed as casus belli for the US against Pakistan. Given the politics, this would have been imprudent, of course. While strategically a poor idea, the US would have been within its rights to demand action from Pakistan or to take unilateral action to reduce the threat or punish Pakistan for the damage. This could have included killing Pakistani nuclear scientists.

As I think I made clear above, I think taking robust action here would have been a poor idea, but that is a separate matter from the proprieties.
 
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