The Washington Outsider

The wrongs of the George W. Bush Administration haunt the handling of the Boston Marathon Bombing suspect and future cases

4/27/2013

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With the younger of the two Boston Marathon Bombers in custody and the older brother dead, it is time to ensure these individuals are held accountable for their actions and learn what can be learned from this tragedy.  Although our public officials and public protectors performed well in the aftermath of the bombing, the handling of the young suspect and future perpetrators of such violence could get very murky given past oversights introduced by the far right through the George W. Bush Administration. 

Clearly, national security is far too politically charged as politics pushed the hands of the Obama Administration to classify the massacre as a terrorist attack prematurely.  On the right, a strong coalition of influential individuals would have liked to see the young suspect treated as an enemy combatant in order to circumvent his Constitutional rights guaranteed to him as a US citizen. 

The use of concepts like terrorism, enemy combatant, and weapons of mass destruction offer insight into the wrongheaded thinking of these influential Americans.  How words are used matters, especially when they come from the mouths of public officials and influential persons, because the working definition of key concepts determines if we embrace proper, effective policies or simply complicate issues. 

A terrorist is a criminal and can be a murder; however, a terrorist is more than a criminal as a terrorist acts to intimate society as means of changing public policy through fear.  In the vagueness of the legal and working definition of terrorist, a protestor or freedom fighter may be labeled by a government as a terrorist or a supporter of terrorism.  Consider that the CIA is regarded by many in the Middle East to be a state-sponsored terrorist organization while the militarized wing of Hamas is not.

 The reason the definition of terrorism matters is that governments misuse the term to legitimize the abuse of those seeking their freedoms and radical groups misuse the term to manipulate would-be recruits.  In events like the Boston Marathon Bombing, the distinction between a murderer and a terrorist is important, because a murder is motivated by different thinking than a terrorist; therefore, the threat of further terrorism must be addressed differently than the ongoing threat of murder. 

Meanwhile, one of the most damaging aspects of the George W. Bush era was an effort by the far right to circumvent the US Constitution and basic American values concerning human rights.  The rise of globalized terrorism tested the fabric of our society by forcing us to recognize the need to balance freedoms with security.  Instead of rising to that challenge with our best efforts, our public officials gave into the temptation and ease of engaging in practices like torture and unwarranted detentions.

 It is these same voices on the right who wish to ignore the young Dzhokhar Tsarnaev’s citizenship and the Constitution to interrogate him as an enemy combatant in Guantanamo Bay.  The term enemy combatant has great significance.  It implies war, but the use of it in classifying terrorist suspects stretches the definition of war to mean any act of violence against all self-proclaimed US interests.  Because war tends to involve a loosening of Civil Rights, an ill-defined perpetual war is a threat to our freedoms and values.

Furthermore, Dzhokhar Tsarnaev is charged with the use of a weapon of mass destruction, among other criminal offenses.  The concept of a weapon of mass destruction was originally introduced as a classification for chemical, biological, and nuclear weapons.  The entire point of using the term “weapons of mass destruction” was to alert public officials and the general public to the enhanced treat that they present.  In turn, laws were supposed to created and action taken to deal with the increasing threat of WMDs.

Quite frankly, the threat posed by something that can be made from horse shit, i.e. a fertilizer bomb, is not the same threat posed by a nuclear weapon.  Creating a legal standard that treats someone, who sets off a conventional explosive, which is admittedly terrible destructive, in a similar manner as someone trying to build a chemical or biological weapon at home lessens the significance of the charge.  Laws had already been written to punish people for bombings; the laws against the use of WMDs needed to exist in order to offer an enhanced punishment for using an actual weapon of mass destruction.

Perhaps more importantly, the broadened use of the term WMD paves the way for human rights violations, i.e. the death penalty could be expanded to crimes that would otherwise not result in the death penalty.  If someone uses an explosive as a weapon with the same potential to cause harm as a gun, equal treatment under the Fourteen Amendment demands a near equivalent punishment.  Should an individual or business accidently kill someone in an explosion, such as the one in West, Texas, any intentional wrongdoing could translate into a death sentence under the WMD classification when a lethal car accident caused by drunk driver would result in a far less punishment.  We must also ask whether it is reasonable to subject a child to the WMD charge for using a cherry bomb on a mail box.

Moreover, the reason the misuse of these concepts matters is that these situations will play out at some point while our legal system needs to be consistent.  After all, the justice system only has value to society, because it promotes order through equal treatment.  Just as sneak-and-peak searches under the Patriot Act were used for drug enforcement when they were intended to be limited to investigations into terrorist threats, the increasing misuse of concepts like terrorist, enemy combatant, and weapons of mass destruction is certain to undermine public policy and our civil rights.  Instead of addressing key questions on how to deal with terrorism, the US government has far too often chosen to avoid finding a means of balancing security with freedoms.  

Just a thought…

Because George W. Bush and his Administration view terrorism as antifreedom; they viewed any means of stopping it to be profreedom.  Although he and his political allies might agree torture is bad, the use of the practice is completely justified in their minds as they still believe it helps fight the threat of terrorism.  Similarly, Al Qaeda operatives and other violent criminal actors view America to be a violator of their righteous and cultural practices, i.e. we deny them freedom.  Such individuals may believe killing, including killing Americans, is wrong, yet they also view violence as a legitimate means of fighting US oppression.  (Attacks on civilians are further legitimized as the US is a democracy and the government is supposedly beholden to the People.)

  

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      • Should One's Faith Influence a Citizen's Vote?
      • Should the U.S. Government Help Fund Election Campaigns?
      • On Defunding Political Science Research
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      • Justice for All: The Case for Legal, Social, Economic, and Personal Justice
      • Why Hardliner Thinking in the NSA and CIA is Doing Damage
      • On the Baby Boomer’s Self-Centeredness
      • The Case for Personal Responsibility
      • What Modern Day Revolutionaries Need to Learn from Leader's like Mandela
      • Rising Western Acceptance of LGBT Primes Culture Clash
      • The Need for Wisdom Beyond the Numbers
      • Perceptions of the United States
      • How Honesty Relates to the Great Recession
      • Why the Middle Class and Rich Need to Support Their Long-term Interests
      • The Aristocratic Republic of the United States of America
      • Discussing the Need for Community Support
      • Why New Forms of Capitalism and Socialism Will Compliment Each Other
      • The Reason We Need to Understand What it is to Be Poor in America
      • Why the World Needs to Reinvest in America
      • Why Are We Against Terrorism?
      • Why Does Terrorism Exist?
      • US Influence: The Value of American Citizenship Around the World
      • Responding to "the Soldier as Sacrficial Victim"
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      • How comfort defines us as people >
        • Is Suicide a Cowardly Way Out?
      • Defense Against the Dark Arts of Manipulators
      • Defining Abuse >
        • On the Willing Victim of Abuse
        • How to Understand Abuse Victims
        • Recognizing Abuse
      • The Role of Substitution in Decision Making
      • Trying to Understand PTSD and Other Trauma-induced Mental Health Issues
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        • Mental Illness is Not the Cause of Anger and Violence >
          • Trying to Understand the Boston Marathon Bombing and Other Violent Crimes
          • Getting into the Twisted Mind of the Tucson Murder
      • Describing the Mind as Modes of Thought >
        • It’s Just Sex?
      • Relationships, or Arrangement
      • Understanding the Effects of Groupthink in the Workplace
      • Relating Circular, Inductive, and Deductive Reasoning to the Scientific Method and Religion
      • What is a Redneck? Understanding Different Cultures and Thinking
    • Economics >
      • The Need for Greater Economic Leverage >
        • Evaluating NAFTA and TPP
        • Undercutting Logistics with the Underpaid Independent Contractor
        • Unions: Hindrance or Essential to Free Markets
        • Eminent Domain Used Against Banks
        • Haitians Sue the UN for Failure to Help With Cholera
        • Looking at How Corn-based Ethanol and Other Alternative Energy Subsidies Stack Up
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        • Irish Sovereignty Lost Before Bailout
        • Why Sudan's Greatest Long-Term Hurdle is Our Lowest-bidder Economy
        • Reduce US Imports by Buying American Made Products
      • Ending the need for government support and tackling poverty
      • Income inequality: understanding the limitations and psychology of disadvantage
      • Looking at the Future of American Jobs >
        • On Questioning the Need to Address Economic Disparity
        • Minimum Wage is Not the Problem
        • Responding to the "Blip"
        • Why Education Is Not The Civil Rights Issue Of The Twenty-First Century
      • Considering the Impact of the Capital Gains Tax Deduction
      • Embracing a Capitalist Mindset >
        • Capitalism Versus Socialism
        • The Negatives of Socialism
      • Stealing Intellectual Property
      • Changing Business Models: From Enduring Entities to Cash Cows
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      • Dealing with the Issues Surrounding the Patenting of Self-replicating Technologies
      • Is Technology Threatening Jobs?
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      • The Role of Education in Creating a More Dynamic Workforce
      • Primary Education in America and the Changing Needs of Society
      • The Greatness of the American Education System
      • Ideas for Improving the United States Education System
      • Are Teachers Treated as Professionals?
      • Is Engaging Parents in Their Children's Education a Major Factor in Turning Around Low-performing Schools?
      • Should Grants Be Awarded to School Districts that Try Innovative Methods to Improve Student Achievement?
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      • On Reading the US Constitution
      • The Senate should not do more to limit the powers of the Judicial Branch
      • On the DOJ Justifying the “targeted Killings” of US Citizens
      • Corporations Do Not Have the Same Rights as US Citizens >
        • Corporate America Pleads the First
      • Discussing the Constitutionality of Per Capita Taxes
      • Was the California Supreme Court Right in Legalizing Gay Marriage?
      • Should the Bible Continue to Be Used for Swearing-in Ceremonies and in Courtrooms?
      • Should Religious Student Clubs Be Allowed in Public Schools?
      • Should the Government Control Talk Radio to Make it More "balanced"?
      • The Second Amendment: Not Outdated >
        • Are We Losing Our Second Amendment Rights
      • Eminent Domain Used Against Banks
      • Should a Woman Have the Right to Choose Abortion? >
        • Should Fathers Be Able to Opt Out of Parenthood?
      • Should Smoking Be Allowed in Public Places?
      • Is Teen Driving a Right or a Privilege?
      • Should US Companies Be Required to Provide Equal Pay to Women and Men?
      • Is eighteen too young to vote?
      • First Amendment Rights: The Priviledge of The Press
      • Do Mandatory Seat Belt Laws Violate Individual Rights?
      • Should cell phone use be banned while driving?
      • Dealing with the link between video game violence and children's behavior
      • Should police have to submit to routine drug and alcohol testing?
      • Public schools should not impose mandatory drug testing on students
      • Are High Taxes on Cigarettes Proper?
      • Should pharmacists be required to violate their religious beliefs and dispense the "Morning After Pill?"
      • Should school counselors uphold patient privacy or report students who become unstable?
  • For the record
    • Ongoing Issues >
      • Red Dawn in Ukraine: Understanding the Actions of Russia >
        • On Russia’s Coercion of Ukraine
        • The Russian Annexation of Crimea in the Eyes of the World
        • Putin Has Overplayed His Hand With Crimea
        • Ukraine in Terms of Resovereignization
        • Avoiding a Conflict Between America and Russia Over Ukraine
        • What Drives the World’s Interest in Russia’s Actions in Ukraine
      • China’s Aggressive Pursuit of Interests Demands a Global Response
      • Iran Makes a Deal: A Start to a Long-term Diplomatic Effort to Denuclearize Iran >
        • On the Future of a Nuclear Negotiations with Iran
      • America's Sphere of Influence: Retaking South-East Asia >
        • Power in Asia: Looking at the Power Shift in Japan
        • The China Paradox: Why America is Worried About China
      • Assessing US Support of Israel >
        • Tread Softly Israel for a Heavy Step May Be Your Undoing
      • Understanding the Dysfunctional Nature of the US-Pakistani Relationship
      • Recognizing the True Threat Behind the Current Unrest in the Middle East >
        • Reacting to the Escalating Crackdown in Syria
      • Assessing the Threat of North Korea >
        • Answering North Korea's Call for Food Aid: Breaking the Vicious Cycle Forced Upon Us by a Warring Nation
        • Dealing with the Restarting of the Korean War
        • North Korea Attacks South Korea
      • Dealing with the Ill-effects of Climate Change
      • Racial Inequality and Oppression Do Truly Exist in Today's Society
      • Should energy independence be a high priority in the US?
      • An overview of world wide Human Rights violations
      • Nuclear Threat from Pakistan
      • Return of The Cold War?
    • World >
      • Coverage of FIFA World Cup is a Chance to Focus on Poverty >
        • The FIFA World Cup Offers Benefits for More Than Brazilian Soccer Fans
        • FIFA Can Bring Brazilians Together as a Nation
      • Being Prepared for Any Potential Dangers at the FIFA World Cup Games
      • Treading Softly on the Politicizing of the 2014 Sochi Olympics Over Gay Rights
      • Why NATO Operations in Libya Lack a Well-defined Mission
      • China Hijacks the Web
      • Lessons from the Great Japanese Earthquake of 2011
      • A Modernizing Cuba Offers an Opportunity for Capitalists
      • The Seeds of Democracy Take Root in the Middle East
      • The Rebirth of Democracy in Tunisia
      • What May Come from the Hurt Revolution in Libya
      • Responding to the Violence of Qaddafi and Other Besieged Leaders
      • Embracing the Rise of a Democratic Egypt
      • Protests in Afghanistan Turn Deadly for Coalition Forces and UN Personnel
      • Haiti: Another Failing Humanitarian Investment
      • What Karzai Can Learn from Calderon
      • START II: A Necessary, Easy Success that Nearly Failed
      • Why Does the U.S. Government Support Independence for the Breakaway Serb Territory of Kosovo but Oppose Independence for the Breakaway Georgian Territories of Abkhazia and South Ossetia?
      • Iraq's Electric Issues: When Human Wants Trump Economic Sense
      • The International Community Reacts to Wikileaks: We May Be Moving Toward a Third World War in Cyberspace
      • On Climate Gate
      • Assessing Obama's Afghanistan War strategy
      • 2009 Iranian Presidential Election: The Fallout
      • Resolving Sri Lankan Conflict through Free Media
      • What are the Global Consequences of Russia's Invasion of Georgia
      • The War in Iraq: an assessment of President Bush's surge strategy
      • Drug War: Actions of Venezuela, Columbia, Ecuador in terms of Resovereignization
      • Is the Iraq Refugee Crisis America's Responsibility?
      • US support for a united Kosovo, Abkhazia, and South Ossetia: why?
      • Should the US withdraw from Iraq?
      • Setting a Timetable for Troop Withdrawal from Iraq is a Terrible Mistake
      • War on Terrorism is needed
    • Law and Order >
      • Rape in the US Military
      • Ethics of Force-feeding Guantanamo Bay Detainees
      • Reacting to the Aftermath of the Tucson Massacre
    • Economy >
      • Affordability Drives Fear of Obamacare and the Individual Mandate
      • Is the Economy Built for a Job's Recovery?
      • Gutting Healthcare Reform of the Individual Mandate
      • Arizona Budget Cuts Lead to Lethal Healthcare Rationing:
      • Shameful Collection Practices of American Banks
      • The Fed Reveals it Actually Undertook an International Bailout
      • Thoughts on French Budgetary Reforms
      • Seniors Start Businesses
      • The Case for Slimming Down the US Military to Make it Better
      • Looking at the Obama Administration's New Approach to Economic Policy
      • Should the Government Regulate the Credit Card Industry?
      • The Big Three's Big Chance
      • The Unhealthy Tone of the Healthcare Reform Debate
      • Should the federal government offer a bailout for home owners?
      • Environmentalists: Do They Do More Good Than More Harm?
      • Responding to Scott Walker's Contribution to the War on Unions
    • US Government >
      • America Needs to Focus on the Impending Fiscal Crisis
      • Reacting to the Bush Era-tax Cut Extension Deal
      • Quitting the Obama Revolution: The Fickle Nature of American Politics
      • John Boehner's Circus
      • Is the Fed Putting Itself in Jeopardy?
      • Wikileaks Goes After the US State Department
      • Discussing the Political Environment Surrounding the 2011 Budget Debate
      • What the Democrats Can Do to Ensure a GOP Year in 2012
      • What the 2010 Midterm Actually Said
      • Congresswoman Kathy Dahlkemper
      • Democrats Minus Nancy Pelosi Equals Opportunity
      • Terrorists Go Postal: The Terrorism Threat Reexamined
      • Victory in the 2008 Election: Reaction to Barack Obama'a Win >
        • Expectations for Barack Obama
      • President Obama's first one hundred days
      • John McCain's Negative Campaign
      • Reasons People did not Elect John Mccain
      • History judges the George W. Bush Administration
      • Should the next US President focus on domestic issues?
      • President Bush, should he resign or be impeached
      • Should the Ban on Government Sponsored Assassinations be Repealed
    • Off Topic >
      • A Face of America’s Greatest Generation
      • A Story About a Man Who Made the World a Better Place
      • Making the World a Better Place
      • The Bipolar Ethical Nature of Google
      • Learning Computer Plays Jeopardy
      • Verifying Medicine is the Real Thing
      • Taking a Practical Step Forward in Optical Computing Using Slow Light
      • Scientists Take a Closer Look at How Lithium Batteries Work
      • Remarking on the First Blizzard of the 2010-2011 Winter Season
      • Driving in the Snow: Acceleration is the Key
      • How People in Northwest PA Are Coping with the Increasing Cost of Oil
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