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Eight Things I Miss About the Cold War
Posted on Jan 16, 2013
By Jon Wiener, TomDispatch
This piece originally appeared at Tom Dispatch. Read Tom Engelhardt’s introduction here.
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Several older people in the audience leaped to their feet shouting, “What about McCarthyism?” “The bomb?” “Vietnam?” “Nixon?”
All good points, of course. After all, during the Cold War the U.S. did threaten to destroy the world with nuclear weapons, supported brutal dictators globally because they were anti-communist, and was responsible for the deaths of several million people in Korea and Vietnam, all in the name of defending freedom. And yet it’s not hard to join that writer in feeling a certain nostalgia for the Cold War era. It couldn’t be a sadder thing to admit, given what happened in those years, but—given what’s happened in these years—who can doubt that the America of the 1950s and 1960s was, in some ways, simply a better place than the one we live in now? Here are eight things (from a prospectively longer list) we had then and don’t have now.
1. The president didn’t claim the right to kill American citizens without “the due process of law.”
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Obama’s target in Yemen was Anwar al-Awlaki, an American citizen who was said to be a senior figure in al-Qaeda in the Arabian Peninsula. According to the book Kill or Capture by Daniel Klaidman, the president told his advisors, “I want Awlaki. Don’t let up on him.” Steve Coll of the New Yorker commented that this appears to be “the first instance in American history of a sitting president speaking of his intent to kill a particular U.S. citizen without that citizen having been charged formally with a crime or convicted at trial.” (Awlaki’s 16-year-old son, whom no one claims was connected to terrorist activities or terror plots, was also killed in a separate drone attack.)
The problem, of course, is the due-process clause of the Fifth Amendment, which prohibits “any person” from being deprived of “life, liberty, or property without due process of law.” It doesn’t say: “any person except for those the president believes to be terrorists.”
It gets worse: the Justice Department can keep secret a memorandum providing the supposed “legal” justification for the targeted killing of a U.S. citizen, according to a January 2013 decision by a federal judge. Ruling on a Freedom of Information lawsuit brought by the ACLU and the New York Times, Judge Colleen McMahon, wrote in her decision, “I can find no way around the thicket of laws and precedents that effectively allow the executive branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws while keeping the reasons for their conclusion a secret.”
It’s true that the CIA has admitted it had an assassination program during the Cold War—described in the so-called “family jewels” or “horrors book,” compiled in 1973 under CIA Director James Schlesinger in response to Watergate-era inquiries and declassified in 2007. But the targets were foreign leaders, especially Fidel Castro as well as the Congo’s Patrice Lumumba and the Dominican Republic’s Rafael Trujillo. Still, presidents preferred “plausible deniability” in such situations, and certainly no president before Obama publicly claimed the legal right to order the killing of American citizens. Indeed, before Sept. 11, 2001, the U.S. regularly condemned “targeted killings” of suspected terrorists by Israel that were quite similar to those the president is now regularly ordering in the Pakistani tribal borderlands, Yemen, and possibly elsewhere.
2. We didn’t have a secret “terrorism-industrial complex.”
That’s the term coined by Dana Priest and William Arkin in their book Top Secret America to describe the ever-growing post-9/11 world of government agencies linked to private contractors charged with fighting terrorism. During the Cold War, we had a handful of government agencies doing “top secret” work; today, they found, we have more than 1,200.
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