In all the furor over the selectively leaked National Intelligence Estimate, one of the biggest issues raised by the report isn’t getting much attention: the direct connection it draws between the growth of jihadist networks, and “pervasive anti-US sentiment among most Muslims.” That’s most Muslims, not most radical Muslims, or most Arab Muslims, or most Salafist Muslims, or any other troublesome subcategory. Supposedly, most of us understand that the conflict that flared into disaster on 9/11 is preeminently an ideological war, in which the big prize is the allegiance of the vast majority of Muslims who are not predisposed to support jihadism in any form. Well, folks, we ain’t doing so well on that most crucial front, are we? I mention this because it appears the US Senate is going to enact legislation today on treatment of terrorist suspects–virtually all of them, of course, Muslims–that will give a fresh bit of ammunition to jihadist efforts to convince their co-religionists that the United States considers them unworthy of any significant legal or moral self-restraint. This “compromise” bill, apparently worked out on the back of an envelope, and motivated almost entirely by domestic political considerations, might theoretically do some good someday, in some hypothetical case of a terrorist suspect with knowledge of a catastrophic attack. Nobody really knows. But what we do know for a fact is that by officially sanctioning some forms of torture, and denial of judicial oversight, this legislation will have a real, tangible and continuing negative impact on how our country is viewed by many millions of people whose good opinion of us has become a major strategic objective. Don’t get me wrong: I don’t think the United States should formulate its national security policies via poll results among Muslims. Yes, I understand that anti-American sentiment in the Middle East is partially the product of sentiments (e.g., hostility to Israel) that we either can’t or shouldn’t do anything about. And no, I do not believe terrorist suspects should be treated exactly like prisoners of war; indeed, I’m all for an international push to revise the Geneva Conventions to reflect the fact that terrorists, by deliberately targeting noncombatants, are guilty of crimes against humanity. But none of these considerations can justify the casual abandonment of our own legal and moral traditions at a time when our own safety depends on the ultimate acceptance of the rule of law, and of our own good faith, throughout the Muslim world. There is, of course, a school of thought, identifed most notably with Dick Cheney, that any self-imposed limitations on anti-terrorist actions represent a weak-minded “pre-9/11 framework.” The corrolary of this radical concept is that the “new Middle East” we claim as our ultimate objective can be created, and can only be created, via fire and sword; non-jihadist Muslims will ultimately have to choose sides, and we shouldn’t waste any time worrying about their opinions in the interim. The steady erosion of our prestige and influence in the region are in no small part attributable to this attitude, which has repeatedly trumped all the presidential rhetoric about our desire for a free and democratic Middle East that mirrors our values. Those supporting the Bush-Cheney position on treatment of terrorist suspects no doubt think they are signalling a tough attitude towards our jihadist enemies. But I fear it may signal something very different: a defeatist attitude, bordering on complete surrender, in the wider war against terrorism that we are waging in the hearts and minds of many millions of Muslims. This is truly a war in which we dare not cut and run.
TDS Strategy Memos
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By Ed Kilgore
Some of the contradictions in Republican talking points on election law and voting rights are becoming clear to me, so I wrote about it at New York:
During the intense controversy raised by Georgia’s new election law, which included a negative reaction from Major League Baseball and a number of corporations, many defenders of the law have played a game of whataboutism. What about voting laws in Colorado, the state to which the MLB’s all-star game has been shifted? What about liberal New York? A lot of these comparisons have been factually challenged, or have zeroed in on one benign feature of the Georgia law while ignoring others. But it does raise a pretty important question: What is the posture nationally of the GOP or the conservative movement on the right to vote and its limits?
Not long ago you might have said that Republicans and conservatives were firmly committed to the view that rules governing voting and elections —even federal elections — were purely within the purview of state and local policy-makers. But that was before Donald Trump spent four years disparaging the decisions made by liberal and conservative jurisdictions on voting procedures whenever they contradicted his often-erratic but always forcefully expressed views. If, for example, voting by mail was as inherently pernicious as Trump said it was, almost daily from the spring through the autumn of 2020, allowing states to permit it was a Bad Thing, right? That simply added to the complaints made by Trump after the 2016 elections that California’s alleged openness to voting by noncitizens cost him a popular vote win over Hillary Clinton, and the widespread Republican whining after 2018 that the same jurisdiction had counted out Republican congressional candidates (whining that somehow subsided when Republicans did better in the exact same districts following the exact same rules in 2020).And that was before Team Trump and his many Republican enablers spent the weeks and months after November 3, 2020, shrieking about state and local election procedures around the country, culminating in efforts to get the U.S. Supreme Court to overrule state court interpretations of state election laws. Indeed, since Trump, his congressional Republican backers, and the Capitol riot mob were trying to block the certification of state election results by Congress on January 6, you could say that a major segment of the GOP wanted the federal government to impose its will on the states with respect to voting and elections.
And if the prevailing conservative idea is that decision-makers closest to the people should determine voting and election rules, then it’s hard to explain the provisions in the Georgia law (and in pending legislation in Texas) that preempt local government prerogatives decisively.
So what doctrine of voting rights does the GOP favor, other than whatever is necessary to produce Republican election victories? That’s hard to say.
Yes, at the Heritage Foundation you will find experts who more or less think everything other than in-person voting on Election Day should be banned everywhere. And now and then you will get someone like Kevin Williamson who will articulate the provocative old-school conservative case for restricting the franchise to “better” voters, which was pretty much the ostensible case for the poll taxes and literacy tests of the Jim Crow South. Unfortunately, snooty contrarianism isn’t a particularly helpful guide to the development of voting laws, and most Republicans (other than those caught in a gaffe) are unlikely to agree out loud with the Williamson proposition.
Until quite recently, most Republicans agreed that the jurisdictions that had for so many years discriminated against the voting rights of minorities deserved extra federal scrutiny and some additional hoops to jump through before changing their rules. In 2006, George W. Bush signed a 25-year extension of the Voting Rights Act that did just that, after it passed the Senate unanimously and the House with scattered opposition. Then a conservative majority of the U.S. Supreme Court struck down a key feature of the VRA, and now it’s almost exclusively Democrats (via the John Lewis Voting Rights Act) who want to restore it. Where are Republicans on that idea? With the states and localities, or just with the states and localities where federal intervention in voting and election practices doesn’t inconvenience Republicans?
Whatever you think of Democratic attitudes toward voting and elections, at least they can answer such questions coherently. They have united to an amazing extent around highly detailed legislation (the House and Senate versions of the For the People Act and the aforementioned John Lewis Act) that generally expands voting rights and sets clear federal standards for procedures in and surrounding federal elections. The Republican response to these proposals has been almost universally negative. But it’s unclear what, if anything, they would propose of their own accord.
If the implicit GOP position on voting and elections is simply that such rules are part of the give and take of partisan politics and that both sides are free to play fast and loose with the facts and get what advantages they can, then I can understand why they are loathe to make it explicit. But in that case, people who care about voting rights one way or the other should simply choose sides and have it out.