-Caveat Lector-

http://www.time.com/time/europe/eu/printout/0,9869,176400,00.html

Sunday, September 30, 2001

The Case Against a Case

Why the U.S. doesn't need proof to go after bin Laden
BY ROMESH RATNESAR

The Taliban are perfectly willing to hand over Osama bin Laden. They just
want proof that he's guilty. That was the position Afghanistan's rulers
staked out last week when they refused to accede to the international
community's demand that bin Laden be given up. "If America has proof," said
Abdul Salam Zaeef, the Taliban's ambassador to Pakistan, "we are ready for
the trial of Osama Bin Laden in light of the evidence."

Who could take such a remark seriously? Here was a regime that summarily
massacres thousands of the local people, publicly executes those suspected of
adultery and homosexuality and prohibits women from working outside the home,
suddenly playing the part of international human-rights lawyers. Such
disingenousness fooled no one — no one, that is, except Britain's liberal
media, which quickly took up the Taliban's case. "We await conclusive
evidence," the editors of The Independent wrote Sunday, "that Osama bin Laden
was the architect of the appalling attacks in New York and Washington." The
left-wing Observer intoned with similar skepticism: "We must accept that a
credible finger of suspicion points to Osama bin Laden," an editorial said,
almost reluctantly. "But suspicion and burden of proof are very different
issues."

The demand for "proof" of bin Laden's culpability has become the most potent
card in the anti-retaliation camp's deck. It allows opponents of American
action to position themselves as the true champions of liberalism and Western
values — and the noble idea that suspects are innocent before being proved
guilty — while still professing horror at the atrocity itself. Most in the
"show me the evidence" crowd don't publicly question the validity of an
American response; they simply say the U.S. should wait until it knows for
certain that bin Laden was behind the atrocities. They claim their demands
are simple: the U.S. merely has to finish its investigation into the
deadliest and most complex crime ever committed on American soil, gather
incontrovertible evidence of bin Laden's guilt, and then make all of that
available to the public. Then, and only then, the Administration can start
talking about retaliation. Is that too much to ask?

The anti-Americanists know the answer already. Their aim is to raise the
threshold for American action to unattainable heights. Such a position may be
legally defensible; but it is also willfully naive, strategically uninformed
and morally dishonest.

You could already hear the conspiracists murmur with delight when Secretary
of State Colin Powell said on Monday that the U.S. would not be able to go
public with all of the evidence against bin Laden. He has good reasons for
holding back: making too much evidence public would reveal sensitive details
about the investigation and compromise intelligence sources. That would play
into the hands of future terrorists, who could use such information to root
out informants and better conceal plans for a future attack. Most people in
the world accept the proposition that a certain amount of government secrecy,
in these parlous times, might be necessary to protect national security.

Not America's opponents on the left, who reflexively dismiss the possibility
that the U.S. might act in good faith. In fact, even if Powell were to
publish a Starr Report worth of documents implicating bin Laden, the
anti-Americanists still wouldn't buy it. A perfect capsule of the left's
cyncism could be found in George Monbiot's column yesterday in the Guardian,
which all but accused investigators of planting two key pieces of evidence —
the rental car at the Boston airport, believed to belong to the hijackers,
that contained a copy of the Koran and flight manuals; and the passport of
one of the alleged hijackers, found at the World Trade Center site. "I can't
help suspecting that intelligence agents have assembled the theory first,
then sought the facts required to fit it ... I think we have some cause to
regard the new evidence against bin Laden with a measure of skepticism." Not
that Monbiot produces any exculpatory evidence himself. He needs only to
raise the slightest doubt about the U.S.'s case in order to justify a screed
against Bush's "gigantic death squad, dispatched to enact extrajudicial
executions."

What Monbiot and the rest of the anti-retaliation left know all to well is
that the U.S. will probably never find discrete evidence linking bin Laden to
the Trade Center attacks. His al-Qaeda network is too disparate, its methods
too craven, its communications too inchoate to ever construct a convincing
paper trail. It is unlikely investigators will find documents or cell-phone
records or secret videotapes that place bin Laden at the center of the plot.
The man has eluded capture for so long precisely because he avoids doing
anything that leaves behind a traceable record. And much of the evidence
against bin Laden surely went with the murderous hijackers to their graves.

But so what? The fundamental weakness of the left's argument is that waiting
— "justice requires patience, and infinite justice requires infinite
patience," Monbiot snarkily writes — until you have proof somehow shows the
West's decency, humanity and righteousness. But in the real world, waiting
for proof can also be an immoral act. One of the most common excuses made by
the U.S. for not intervening to stop the Rwandan genocide was the lack of
conclusive proof against the Hutu government; by the time the West felt it
had enough evidence, 800,000 Tutsis were dead. In cases where the U.S. has
intervened, the government was not always aware the full guilt of their
enemies. American leaders did not have credible knowlege of the Holocaust
until well after it declared war on Germany. The Observer argues that "part
of the virtue of the coalition against Slobodan Milosevic resided in a
carefully prepared indictment of his crimes for the International Ciminal
Tribunal in the Hague." But that indictment was issued three months after the
nato bombing campaign against Milosevic had begun.

The worst of the anti-Americans say the Administration is rushing to judgment
to satisfy a bloodthirsty American public. Wrong again. The Administration is
rushing to judgment to prevent 6,000 more innocents from dying in another
attack. If, as the anti-retaliationists would have it, the U.S. were to wait
until it could prove a case against bin Laden in court, it is certain that
al-Qaeda, or some other terror network, would strike in the meantime. We've
indicted bin Laden in the past, placing our faith in international law and
trusting that an immoral and murderous Taliban regime would turn him over. We
got September 11 instead.

And yet some on the left make still more outlandish demands: not only do they
want proof before American action; they want U.S. forces to refrain from
killing bin Laden and instead arrest him and bring him before an
International Criminal Court (which, of course, allows them to point out that
the U.S. refuses to approve such a court). "It takes a long time to bring
someone to trial but it is better to take the time," says Bruce Kent of
Britain's Campaign for Nuclear Disarmament, which has condemned any military
intervention by the U.S. even before it has happened. How bin Laden can be
apprehended without resorting to military force he doesn't say. But bin
Laden's arrest isn't the point. Justice isn't the point. Proof isn't the
point. Portraying the United States as reckless and cruel, condemning its
actions as premature and ill-considered, stoking the resentments of America's
enemies no matter how Washington chooses to retaliate — that is the true aim
of the anti-American left.

Sometimes it's hard to tell whose side they're really on. Actually — no, it
isn't.

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