We are starting to get some more solid casualty estimates now.  It seems
likely that the total will not exceed 6,000, although perhaps I am
optimistic - the New York Port Authority reportedly still estimates 20,000.
If the estimates are correct, we can, perhaps, thank the skill of the
engineers of the buildings, the courage of the rescue workers who went into
them, and the presence of mind of the people in the building themselves,
who managed to escape.

There is, perhaps unsurprisingly, no real sentiment that we should not do
something.  The question is, well, what?  There are two major frameworks
that are usually considered in response to terrorism.  They are the crime
model and the war model.  I'll try and supply some (unbiased, as best I
can) elaboration of what both entails, as well as an explanation of why I
now (as opposed to before this incident) prefer the second.

The crime model is what we usually use to pursue terrorists.  It's fairly
obvious.  We send out the FBI, they sweep for evidence, and construct a
court case.  We then pressure whatever country is harboring the targets of
our prosecution until they agree to give the terrorists up for extradition.
Sometimes, when that doesn't seem possible, we have chosen to kidnap our
targets and bring them before an American court.  American courts, as I
have written before, make no distinctions between how a fugitive from
justice is brought before the court.  The advantages of the crime model are
also fairly obvious.  First, we do not dignify terrorists by calling them
soldiers - we treat them as petty criminals, distinguishable from
pickpockets only by the severity of their offense.  Second, we gain
certainty.  Anyone convicted by an American court, defended by the best
lawyers money can buy, is virtually certain to be guilty of the crimes of
which he is accused.  Third, we gain precision.  Police operations are, by
their very nature, more selective than military operations.  Thus we create
a much smaller risk of the loss of innocent life by engaging in a police
framework.

Tuesday's tragedy, however, has convinced me that the police model is
fatally flawed.  The reasons are, I think, compelling.  The first is
relatively simple.  It looks like something in the range of 6000 people
died on Tuesday at the hands of foreign nationals who have explicitly
stated their intention to destroy the United States.  London on the worst
day of the Blitz did not suffer anything comparable.  Pearl Harbor itself
saw less than half as many casualties.  If the people who did that had been
soldiers of an enemy nation, it is the American military that we would use
to respond.  Even the FBI, formidable as it is, is not really
institutionally competent to deal with something of this magnitude.  The
second is that the advantages of the crime model are also disadvantages.
The level of proof necessary for a criminal conviction is incredibly high.
There does not seem to be any compelling reason that we need that level of
evidence before choosing to retaliate against someone like Bin Laden for an
attack on this scale.  Even if (for example) Bin Laden was somehow not
responsible for this particular assault, he has attempted to do something
similar in the past, has expressed a desire to do something similar in the
future, and applauded the fact that this was one was done.  Given those
facts, I believe that the national security of the United States requires
that he be eliminated, even if we cannot prove beyond a reasonable doubt
that he was responsible for 6000 murders on Tuesday.

The alternative approach is thus the war model.  President Bush seems to be
moving towards this approach in the last 24 hours or so.  To paraphrase
Charles Krauthammer, when Pearl Harbor was bombed, FDR did not ask the FBI
to arrest Admiral Yamamoto.  He told the American Army and Navy to bring
Japan to its knees.  More than twice as many people died two days ago as
did on Tuesday.  They did so at the hands of foreign nations who almost
certainly received support from foreign governments.  It does not seem to
me that the FBI is the national organization best suited to dealing with
that assault.  The war model is an entirely different level of action than
the police model.  Our first priority would become, not arresting suspects,
but destroying the terrorists, their organizations, and anyone who tries to
support them.  The war model would assume an unrelenting pursuit of any
person involved in this, or any other attack upon American citizens and our
allies, without respect for the sovereignty of any nation that chooses to
harbor them.  Our watchword would, in essence, be what President Bush said
in his speech Tuesday evening - that we would make no distinction between
the terrorists and those who harbor them.  The crime model involves
policemen attempting to arrest Bin Laden.  The war model involves using the
American military to obliterate him and his organization.  Given the scale
of this attack, the international support for our actions, and the obvious
threat to national security that future actions like this imply, the war
model seems, to me, the definite choice.

I have no military training, nor do I know the actual extent of the
information available to the United States government.  Anything I say
about the specific nature of the response thus involves pure speculation.
I would surmise that should the United States government choose to adopt
the war model, it would demand that the Afghan government hand over Bin
Laden and all members of his organization immediately.  If they refuse to
do so, their first notification would probably be a B-2 strike out of
Missouri, fueled by tankers out of Diego Garcia.  At that point we would
begin an unrelenting strategic bombardment campaign, similar but more
intense and less risk-averse than that launched against Serbia.  The
Washington Post reports that the American military is investigating options
ranging from a cruise missile strike to a fully-blown invasion using ground
forces.  My own guess would be that we would opt for a special forces
operation, probably involving seizing an airfield in Afghanistan and using
it as a staging base to launch ground assaults against Bin Laden and his
organization.  If he escapes to another country, we would then have to
immediately turn our attention to that country and begin there.  The key to
the war model is that our assault must be absolutely unrelenting - we would
have to pursue Bin Laden until we were certain that he and his organization
had been destroyed, then turn our attention to any other terrorist
organizations that threaten to do something similar.

This, it seems to me, is the appropriate response.  What happened two days
ago vastly exceeds the parameters of any normal response.  There has, quite
literally, been nothing like it in anyone's history.  What we must
understand is that we face not a handful of individuals but a large,
well-organized, and financed group that actively seeks to kill American
civilians.  Its objective is to do as much harm to the United States as
possible, at least as much as it is to cause us to abandon our allies.
Faced with such an enemy, our response must be to destroy our enemies
before they can kill more thousands of our citizens - before, even worse,
they acquire nuclear, biological, and chemical weapons.  It is possible,
even likely, that there will be further attacks against the United States
on a scale of what has just happened.  We will probably be told that such
actions are "retaliation" for our actions.  It is important to remember,
first, that we will not be _seeking_ to kill civilians, which in and of
itself is sufficient to create a huge distinction between our actions and
theirs.  Even more important is to remember that these attacks would have
happened anyways - we are opposed by enemies who seek to destroy us, and
they would do so whether or not we attempted to protect ourselves.  In
seeking to attack them first, however, we may be able to forestall some
attacks, prevent them from launching others as they devote resources to
their own protection, and eventually be free of the threat of such
activities.  The clock is ticking.

God Bless America,
Gautam Mukunda
Administrator
Fifth Annual "Jubilee" Russian Investment Symposium
Belfer Center for Science and International Affairs
John F. Kennedy School of Government
Harvard University
79 John F. Kennedy Street
Cambridge, MA 02138
Direct: +1.617.495.3043
Fax: +1.617.495.8963
e-mail: [EMAIL PROTECTED]
"Freedom is not free."

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