Quotulatiousness

February 19, 2013

Orwell updated: how politicians lie in “plain speech”

Filed under: Government, Media, Politics — Tags: , , , — Nicholas @ 10:25

Ed Smith shows how Orwell’s warning about politicians lying is now out of date because they’ve mastered the art of using “plain language” in aid of untruth:

Orwell season has led me back to his famous essay “Politics and the English Language”, first published in 1946. It is written with enviable clarity. But is it true? Orwell argues that “the great enemy of clear language is insincerity. When there is a gap between one’s real and one’s declared aims, one turns as it were instinctively to long words.”

I suspect the opposite is now true. When politicians or corporate front men have to bridge a gap between what they are saying and what they know to be true, their preferred technique is to convey authenticity by speaking with misleading simplicity. The ubiquitous injunction “Let’s be clear”, followed by a list of five bogus bullet-points, is a much more common refuge than the Latinate diction and Byzantine sentence structure that Orwell deplored.

We live in a self-consciously plain-spoken political era. But Orwell’s advice, ironically, has not elevated the substance of debate; it has merely helped the political class to avoid the subject more skilfully. The art of spin is not (quite) supplanting truth with lies. It aspires to replace awkward complexities with catchy simplicity. Successful spin does not leave the effect of skilful persuasiveness; it creates the impression of unavoidable common sense. Hence the artifice becomes invisible — just as a truly charming person is considered nice rather than “charming”.

February 18, 2013

Reason.tv: 3 reasons to build the Keystone XL pipeline

Filed under: Business, Cancon, Environment, Government, USA — Tags: , , , , — Nicholas @ 12:30

Few energy projects have inspired the level of vitriol surrounding the Keystone XL Pipeline, that would run 1,700 miles from Alberta, Canada through the United States to refineries on the Gulf of Mexico.

The oil sands of Alberta are estimated to hold 170 million 170 billon barrels of petroleum, the largest reservoir of black gold outside of Saudi Arabia.

Because the pipeline crosses an international boundary, President Barack Obama has the final say over whether to give the project a green light.

QotD: The Sportsman’s Guide to DOOM

Filed under: Economics, Government, Quotations, USA — Tags: , , , — Nicholas @ 11:17

His Majesty the King can generate all kinds of euphemisms about how and why we’re running up our nation’s debt: “investing in the future”, “borrowing from ourselves”, “betting on the American worker”. What we’re really doing is stealing from our children and generations yet unborn. It might be different if we were actually building a better world for them to live in, but we’re not: we’re squandering the money like a drunken sailor on a three-day liberty. We’ve pissed all our own money away, and now we’re pissing theirs away too, and on trifles. Vacations, new cars, fancy dinners, retirement living that we didn’t save enough money for. It’s child abuse of the rankest and worst sort. We’re selling our own children and grand-children into debtor’s prison. They’re going to hate us for it, and they have a right to.

We’re spending our children’s money without giving them any say or vote in the process. We are promising their future labor, their future wealth, their future lives, to back up our own foolish debts. We are making their future lives meaner and smaller and more constrained because we could not govern ourselves properly. It makes me angry. It makes me furious. It makes me want to apologize to everyone under the age of twenty or so for what we are doing to them. We would do well to think about this: the young people will not simply obligingly labor forever as beasts of burden, content to pay the debts run up by their foolish elders. Sooner or later they’ll grow wise, and tell the greybeards to go pound sand. There’ll be a reckoning, and the geezers aren’t going to like it one bit.

Monty, “The Sportsman’s Guide to DOOM”, Ace of Spades HQ, 2013-02-18

February 16, 2013

Contrasting the State of the Union Address to the Speech from the Throne

Filed under: Australia, Britain, Cancon, Government, USA — Tags: , , , — Nicholas @ 11:40

Mark Steyn looks at how the republican method compares to the constitutional monarchy’s method:

“I’m also issuing a new goal for America,” declared President Obama at his State of the Union on Tuesday. We’ll come to the particular “goal” he “issued” momentarily, but before we do, consider that formulation: Did you know the president of the United States is now in the business of “issuing goals” for his subjects to live up to?

Strange how the monarchical urge persists even in a republic two-and-a-third centuries old. Many commentators have pointed out that the modern State of the Union is in fairly obvious mimicry of the Speech from the Throne that precedes a new legislative session in British Commonwealth countries and continental monarchies, but this is to miss the key difference. When the Queen or her viceroy reads a Throne Speech in Westminster, Ottawa, or Canberra, it’s usually the work of a government with a Parliamentary majority: In other words, the stuff she’s announcing is actually going to happen. That’s why, lest any enthusiasm for this or that legislative proposal be detected, the apolitical monarch overcompensates by reading everything in as flat and unexpressive a monotone as possible. Underneath the ancient rituals — the Gentleman Usher of the Black Rod getting the door of the House of Commons slammed in his face three times — it’s actually a very workmanlike affair.

The State of the Union is the opposite. The president gives a performance, extremely animatedly, head swiveling from left-side prompter to right-side prompter, continually urging action now: “Let’s start right away. We can get this done … We can fix this … Now is the time to do it. Now is the time to get it done.” And at the end of the speech, nothing gets done, and nothing gets fixed, and, after a few days’ shadowboxing between admirers and detractors willing to pretend it’s some sort of serious legislative agenda, every single word of it is forgotten until the next one.

February 14, 2013

Crony capitalists make pitch for industrial policy in defence purchases

Filed under: Business, Cancon, Government, Military — Tags: , , , , , , — Nicholas @ 11:02

Canada doesn’t really have a defence industry — certainly not in the sense of Britain, France, or the United States. We have some companies which happen to make products of use to the military (armoured vehicles, for example), but our government is not tightly tied to the fortunes of these companies in some sort of maple-flavoured Military-Industrial Complex. Some movers-and-shakers want to change that:

It goes without saying that the proposal to siphon funds to defence contractors is gussied up in industrial-policy jargon. For instance, we’re told how defence industries are “important sources of technological dynamism and innovation [and] leading-edge participants in global value chains.” (Who today isn’t part of a global value chain?) Also in keeping with current industrial-policy trendiness, the government is instructed to be strategically selective in KIC-starting the sector. “KIC,” you see, stands for “Key Industrial Capabilities,” which is what we’re told we should focus on.

But despite the alluring bells and whistles, the message to firms selling to the government is clear: Either pay up or forget about getting the contract. From now on, if the committee gets its way, how you plan to spread the industrial booty around the Canadian economy will weigh directly in the balance with how your product performs. The new fighter jet doesn’t accelerate quickly enough to elude missiles? Well, never mind that, it comes with a new plant in Mississauga. Shells pierce the new tank’s armour? Too bad. But the innovation spinoffs for Thunder Bay are just too good to pass up.

You might think that interpretation extreme. Surely safety for our soldiers and value-for-money for our taxpayers come first. But what else could be meant by the recommendation that bidders specify the industrial benefits they’re offering as part of their bid itself, rather than as an add-on after the performance characteristics of their product or service have won them the contract?

Suppose that instead of causing defence contracts to be inflated with offsets for Canadian industry, this committee consisting of a high-tech CEO, a former chief of staff at national defence, an IP specialist in a defence company, a retired general and Paul Martin’s one-time policy guru recommended levying a 5% tax on all government defence purchases and using the revenues thus generated to subsidize Canadian defence contractors?

I sent the original Globe and Mail URL to Jon saying, “The very last thing Canada should be attempting is to use government money to build a ‘defence industry’. Let the military buy what they need on the open market — regardless of country of origin — at market prices. The fetish to have a domestic defence industry is pure crony capitalism clothed in a “patriotic” fig leaf.”

Why raising the minimum wage won’t help the poor

Filed under: Business, Economics, Government — Tags: , , — Nicholas @ 09:22

“A triumph for our culture of self-pity, narcissism and whining entitlement”

Filed under: Britain, Government, Law — Tags: , , — Nicholas @ 00:01

In sp!ked, Neil Davenport explains why the legal victory against workfare in England isn’t actually a good thing even for people in that situation:

… the case is still seen as a major coup. Joanna Long, a member of campaigning group Boycott Workfare, captured the mood of Reilly’s supporters: ‘Today’s ruling is a victory for the people against a government which thought it could compel unemployed and sick people to work without pay, backed by a vicious regime of sanctions which made the poorest far poorer.’ Really? Only in this victim-centred age could doing a few shifts at Poundland be seriously compared to forced slavery.

What the ruling in favour of Reilly is not, however, is a victory for ‘the people’. Rather, it is a triumph for our culture of self-pity, narcissism and whining entitlement. The new ruling will further cushion and cosset young people, relieving them of any impositions or pressures. And it will bolster the infantile notion that young people must be protected from the demands of becoming economically independent or hard working. In the long run, this will do the development of young people far more damage than a few weeks working for benefits.

[. . .]

In this sense, today’s ruling will bolster the idea held by some young people that the world really does owe them a living. The Reilly ruling seems to acknowledge officially that young people should not be expected to meet society’s requirement to work in case it damages their vulnerable self-esteem. It suggests that self-pity and a sense of entitlement is now far more laudable than simply overcoming life’s challenges or learning how to grow up.

Nevertheless, it shouldn’t be too surprising that the court came to such a decision. For the past two decades, the state has been keen to show that adult autonomy is not something people should exercise too much. So while the ruling looks like a victory for people power-style leftism against a (mainly) Tory government, in truth it is a demand for the state to look after us. It is an acknowledgement that we should forgo individual sovereignty for a close relationship with the all-watching, all-checking and autonomy sapping state. Whereas genuine radicalism was always a demand for autonomy from state regulators, today’s radicals aspire to be more tightly bound to state institutions. Any excuse to bolster state legitimacy and authority over us, even at the expense of a Tory government, will always appeal to elite-minded, undemocratic judges. Reilly and her supporters demand to be treated like children. Is it any wonder that a paternalistic state will oblige?

February 11, 2013

Senate report calls for tariff cuts

In the Financial Post, Terence Corcoran looks at the good and not-so-good aspects of a recent Senate report on the reasons Canadians pay so much more for goods than Americans (even when the goods are identical and the currencies are trading at par):

Retail prices in Canada, seemingly across the board, are higher. Even with the Canadian dollar at par, the price of everything from running shoes to televisions and Chevy Camaros to books is said to be above U.S prices. One bank report once put the Canada-U.S. price gap at 20%.

Somebody’s gotta do something, everybody agrees. Enter the Senate committee with one of the most hard-nosed, market-driven overviews of how and why Canadians pay more for goods at retail. The report dodges and fudges some key issues, especially farm product supply management, which was seen by the committee and the retail industry as too politically hot to handle.

[. . .]

Even in this, however, the committee pulls its first punch. The recommendation to “review” such tariffs — watery phrasing in itself — also suggests “keeping in mind the impact on domestic manufacturing.” Sorry, folks, but you can’t have it both ways. Tariffs are protectionist devices for manufacturers that consumers pay for. If you want to reduce the price to consumers, the $3.9-billion in protection for manufacturers has to go. End of discussion.

What makes The Canada-USA Price Gap even more valuable is its compact insights into the many causes of higher retail prices in Canada. The economy is a complicated and often unfathomable series of market and price relationships beyond the power and even understanding of policy makers. The report recognizes that fact time and again.

A boxplot of First Nations misery

Filed under: Cancon, Economics, Government — Tags: , , , , , — Nicholas @ 09:17

Over the weekend, Colby Cosh posted this depressing box-and-whisker plot (aka “boxplot”) from statistical data on First Nations communities:

First Nations boxplot

Why did I want to look at this information this way? Because Canada actually performed an inadvertent natural experiment with residential schools: in New Brunswick (and in Prince Edward Island) they did not exist. If the schools had major negative effects on social welfare flowing forward into the future we now inhabit, New Brunswick’s Indians would be expected to do better than those in other provinces. And that does turn out to be the case. You can see that the top three-quarters of New Brunswick Indian communities would all be above the median even in neighbouring Nova Scotia, whose FN communities might otherwise be expected to be quite comparable. (Remember that each community, however large, is just one point in these data. Toronto’s one point, with an index value of 84. So is Kasabonika Lake, estimated 2006 population 680, index value 47.)

On the other hand, and this is exactly the kind of thing boxplots are meant to help one notice, the big between-provinces difference between First Nations communities isn’t the difference between New Brunswick and everybody else. It’s the difference between the Prairie Provinces and everybody else including New Brunswick — to such a degree, in fact, that Canada probably should not be conceptually broken down into “settler” and “aboriginal” tiers, but into three tiers, with prairie Indians enjoying a distinct species of misery. (This shows up in other, less obvious ways in the boxplot diagram. You notice how many lower-side outliers there are in Saskatchewan? That dangling trail of dots turns out to consist of Indian and Métis towns in the province’s north — communities that are significantly or even mostly aboriginal, but that aren’t coded as “FN” in the dataset.)

I fear that the First Nations data for Alberta are of particular note here: on the right half of the diagram we can see that Alberta’s resource wealth (in 2006, remember) helped nudge the province ahead of Saskatchewan and Manitoba in overall social-development measures, but it doesn’t seem to have paid off very well for Indians. This isn’t a surprising outcome, mind you, if you live in Alberta; we have rich Indian bands and plenty of highly visible band-owned businesses, but the universities are not yet full of high-achieving members of those bands, and the downtown shelters in Edmonton, sad to say, still are.

February 8, 2013

Charles Stross: that invasion from Mars really did happen

Filed under: Bureaucracy, Government, Media, Politics — Tags: , , , , , — Nicholas @ 09:31

Charles does a good job of explaining why our representative democracies in the west seem to have all become bland, indistinguishable minor variants of one another:

For a while I’ve had the unwelcome feeling that we’re living under occupation by Martian invaders. (Not just here in the UK, but everyone, everywhere on the planet.) Something has gone wrong with our political processes, on a global scale. But what? It’s obviously subtle — we haven’t been on the receiving end of a bunch of jack-booted fascists or their communist equivalents organizing putsches. But we’ve somehow slid into a developed-world global-scale quasi-police state, with drone strikes and extraordinary rendition and unquestioned but insane austerity policies being rammed down our throats, government services being outsourced, peaceful protesters being pepper-sprayed, tased, or even killed, police spying on political dissidents becoming normal, and so on. What’s happening?

Here’s a hypothesis: Representative democracy is what’s happening. Unfortunately, democracy is broken. There’s a hidden failure mode, we’ve landed in it, and we probably won’t be able to vote ourselves out of it.

[. . .] Parties are bureaucratic institutions with the usual power dynamic of self-preservation, as per Michels’s iron law of oligarchy: the purpose of the organization is to (a) continue to exist, and (b) to gain and hold power. We can see this in Scotland with the SNP (Scottish National Party) — originally founded with the goal of obtaining independence for Scotland and then disbanding, the disbanding bit is now nowhere to be seen in their constitution.

Per Michels, political parties have an unspoken survival drive. And they act as filters on the pool of available candidates. You can’t easily run for election — especially at national level — unless you get a party’s support, with the activists and election agents and assistance and funding that goes with it. (Or you can, but you then have to build your own machinery.) Existing incumbent representatives have an incentive to weed out potential candidates who are loose cannons and might jeopardize their ability to win re-election and maintain a career. Parties therefore tend to be self-stabilizing.

[. . .]

So, here’s my hypothesis:

  • Institutional survival pressure within organizations — namely political parties — causes them to systematically ignore or repel candidates for political office who are disinclined to support the status quo or who don’t conform to the dominant paradigm in the practice of politics.
  • The status quo has emerged by consensus between politicians of opposite parties, who have converged on a set of policies that they deem least likely to lose them an election — whether by generating media hostility, corporate/business sector hostility, or by provoking public hostility. In other words, the status quo isn’t an explicit ideology, it’s the combined set of policies that were historically least likely to rock the boat (for such boat-rocking is evaluated in Bayesian terms — “did this policy get some poor bastard kicked in the nuts at the last election? If so, it’s off the table”).
  • The news cycle is dominated by large media organizations and the interests of the corporate sector. While moral panics serve a useful function in alienating or enraging the public against a representative or party who have become inconveniently uncooperative, for the most part a climate of apathetic disengagement is preferred — why get involved when trustworthy, reassuringly beige nobodies can do a safe job of looking after us?
  • The range of choices available at the democratic buffet table have therefore narrowed until they’re indistinguishable. (“You can have Chicken Kiev, Chicken Chasseur, or Chicken Korma.” “But I’m vegan!”) Indeed, we have about as much choice as citizens in any one-party state used to have.
  • Protests against the range of choices available have become conflated with protests against the constitutional framework, i.e. dissent has been perceived as subversion/treason.
  • Occasionally cultural shifts take place: over decades, they sometimes reach a level of popular consensus that, when not opposed by corporate stakeholders, leads to actual change. Marriage equality is a fundamentally socially conservative issue, but reflects the long-term reduction in prejudice against non-heteronormative groups. Nobody (except moral entrepreneurs attempting to build a platform among various reactionary religious institutions) stands to lose money or status by permitting it, so it gets the nod. Decriminalization of drug use, on the other hand, would be catastrophic for the budget of policing organizations and the prison-industrial complex: it might be popular in some circles, but the people who count the money won’t let it pass without a fight.

Overall, the nature of the problem seems to be that our representative democratic institutions have been captured by meta-institutions that implement the iron law of oligarchy by systematically reducing the risk of change.

It’s not just your imagination that the last presidential election hinged far more on trivia than on actual policy differences — because Mitt Romney was offering only a slight variation of policy choices than what Barack Obama had been doing (heated rhetoric and animated posturing aside). “Conservatives” and “Liberals” in Canada became almost interchangeable (except on foreign policy and military matters). “Conservatives” and “Liberal Democrats” have been able to form and hold a coalition government together in the UK relatively amicably (once again, aside from the meaningless noise and fury at the margins).

Party politics requires parties that want to achieve power to more closely resemble the party that already holds power (look at Canada’s NDP for evidence of that: the more similar to the Liberal party they became, the more popular they became, to the point they completely eclipsed the Liberals in the last federal election).

Telegraph runs “Shock, horror!” story about UK government’s wine budget

Filed under: Britain, Government, Media, Wine — Tags: , , — Nicholas @ 09:12

I’m a minarchist: I’m in favour of much smaller, less intrusive government. Even saying that, I can’t find it in my heart to get upset about this “shocking” revelation:

Ministers fail to balance books at £3million wine cellar
Ministers and guests have got through 5,000 bottles of alcohol worth more than £55,000 in the last year, report into the Government’s wine cellar has revealed.

[. . .]

The latest annual report into the Government’s wine cellar has revealed that ministers, officials and their guests got through nearly 5,000 bottles of alcohol worth more than £55,000 in the last year.

In total, the cellar holds 38,000 bottles costing £857,000 when bought, but are now valued on the open market at £2,953,000.

Some of the taxpayer-funded bottles are sold in shops for more than £1,000 each.

Guests at Government events drank 23 bottles of the 1982 Chateau Margaux Bordeaux, which sells for up to £1,100 a bottle.

Five thousand bottles? That’s all? David Cameron’s cabinet consists of 22 senior ministers. I assume there are junior ministers or parliamentary assistants for most of those ministers, so let’s call it 50 men and women who are entertaining on government business and would be drawing from the official wine cellar. Even if each of them only entertains one other person at each event, that’s roughly two bottles of wine per minister per week.

The Queen drinks more than that by herself!

And the eye-popping number of £857,000? That works out to less than £23 per bottle. And we’re told that some of the bottles could sell on the open market for £1,100 a bottle. But based on the figures, there can’t be very many of those ultra-expensive bottles, can there?

I fail to see a scandal here…

February 7, 2013

Almost a clean sweep of top Canadian military leadership

Filed under: Cancon, Government, Military — Tags: , , , , — Nicholas @ 00:02

As Andrew Coyne noted in a tweet, “In some countries, this would be big news”. Lee Berthiaume in the Ottawa Citizen on the upheaval at the top of Canada’s defence establishment:

Spring cleaning has come early at the Department of National Defence as the Conservative government announced Wednesday it was sweeping out a number of the military’s top officers — including the head of the Canadian Army and the Royal Canadian Navy — in a major shuffle.

The moves represent a dramatic change at the top as National Defence faces a major shift in focus from the days of the Afghanistan war and increasing budgets, to a state of deep budget cuts and limited deployments.

[. . .]

In addition to [vice-chief of defence staff, Vice-Admiral Bruce] Donaldson, those leaving include Royal Canadian Navy commander Vice-Admiral Paul Maddison and Canadian Army commander Lt.-Gen. Peter Devlin.

Maddison’s deputy, Rear-Admiral Mark Norman, will take over as commander of the navy; Lt.-Gen. Marquis Hainse, who was serving as deputy commander to the NATO headquarters in Naples, Italy, is the new head of the army.

Lt.-Gen. Walter Semianiw, who oversaw all Canadian military missions inside Canada and North America, including the Caribbean, is also on the way out, the apparent casualty of a Defence Department restructuring that started last year.

February 6, 2013

Why does every infrastructure project cost more?

Filed under: Bureaucracy, Government, USA — Tags: , , , , — Nicholas @ 00:01

In his nominally NFL-related column, Gregg Easterbrook usually manages to insert interesting topics that are not in the least related to football:

Where Is the Bridge to Nowhere When You Really Need It? Another reason unprecedented increase in the national debt is not resulting in newly built infrastructure to help the economy grow is that government projects keep taking longer and costing more. Two years ago on Reuters, your columnist opined, “A combination of top-heavy bureaucracy, union rules, cost-plus profits and graft have made recent federally funded construction projects insanely expensive and slow. When the funding comes from borrowing by Washington, then businesses, unions and local petty officials have a self-interest in running up the cost while dragging their feet.

That column ended by noting the slow pace and cost overruns in plans to replace the Tappan Zee Bridge on the Hudson River north of New York City.

Now two years have passed, and guess what’s happened to the Tappan Zee Bridge replacement project? It’s no closer to beginning. New York Magazine reports that $88 million has been spent just to study a bridge replacement — not for architecture drawings, just study. The original Tappan Zee Bridge, completed in 1955, cost $675 million in today’s dollars and required three years to complete. New York State officials are saying the replacement will cost at least $3 billion and take five years to build. New York Magazine warns the price is lowballing for an expected cost much higher.

New York is demanding that the federal government fund most of the new bridge. Borrowed funny-money would be used; contractors and unions would have every incentive to drag their feet, running up the bill, while corrupt politicians would want the project to last as long as possible, so there was more funny-money to steal.

Meanwhile the existing Tappan Zee Bridge continues to crumble and nothing’s being done. At the current snail’s pace, a new bridge is many years away. What if the existing bridge collapses? Politicians will claim they were never warned, just as they claimed they were never warned before storm surge from Hurricane Sandy smashed up lower Manhattan, Long Island and Hoboken, N.J. Running up the national debt is bad enough; not building what the country needs is even worse. But politicians observe that behaving recklessly, then blaming others, is what advances their careers. Barack Obama acted recklessly with the nation’s finances, and was re-elected. Chris Christie did nothing to prepare New Jersey’s low-lying city from storm surge, then blamed others, and made the cover of Time magazine. Where is the political leader who will place acting responsibly ahead of self-promotion?

February 5, 2013

Ontario facing fiscal crisis that is worse than California’s

Filed under: Cancon, Economics, Government — Tags: , , , , — Nicholas @ 12:17

In the Financial Post, Jason Clemens and Niels Veldhuis look at the under-reported fiscal problems Ontario has to deal with … and soon:

‘I do not want Ontario to become like California,” Ontario Finance Minister Dwight Duncan once proclaimed. And it’s not hard to understand why — California is a fiscal nightmare. It has the lowest bond rating in the United States and its own treasurer, Bill Lockyer, referred to the state budget as “a fiscal train wreck.”

Yet, despite all that is said about California’s finances in the media and financial markets, Ontario is in much worse shape.

Back in 2002-03, the fiscal year before the governing Liberals took office, Ontario’s net debt (assets minus liabilities) stood at $132.6-billion. In the ensuing decade, the province’s debt ballooned by almost 78% to $235.6-billion (2011-12). Most worrying, however, is that if Ontario continues on its current path (status quo in terms of spending and revenues), its debt will balloon to over $550-billion (66% of GDP) by the end of the decade (2019-20).

[. . .]

On a per-person basis, Ontario’s bonded debt (the concept of net debt is not used in U.S. public accounting) currently stands at nearly $18,000, over four-and-a-half times that of California at $3,800. As a share of the economy, Ontario’s debt (38.6%) is more than five times that of the Golden State (7.7% of GDP). This is a stunning difference in the burden of debt, particularly given the attention and concern focused on California compared with Ontario.

While the two jurisdictions face similar average interest rates for their debt, the large difference in the stock of the debt means equally large differences in interest costs. Specifically, Ontario spends almost double what California does on interest costs in dollar terms and a little over three times what California spends as a share of the revenues collected, 8.9% compared to 2.8% of revenues. This is money that could have been spent on health care, education, public safety.

The President’s “license to kill”

Filed under: Government, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 09:56

At Reason, Jacob Sullum has a few concerns about the information that came to light in a Department of Justice memo leaked to the media:

The Justice Department white paper on “The Lawfulness of a Lethal Operation Directed Against a U.S. Citizen Who Is a Senior Operational Leader of Al-Qa’ida or an Associated Force,” noted earlier tonight by Mike Riggs, fills in the fine print of the license to kill claimed by President Obama in several ways, none of them reassuring. The main conclusion of the paper, which was obtained by NBC News, is that “it would be lawful for the United States to conduct a lethal operation outside the United States against a U.S. citizen who is a senior, operational leader of al-Qa’ida or an associated force of al-Qa’ida without violating the Constitution or…federal statutes…under the following conditions: (1) an informed, high-level official of the U.S. government has determined that the targeted individual poses an imminent threat of violent attack against the United States; (2) capture is infeasible, and the United States continues to monitor whether capture becomes feasible; and (3) the operation is conducted in a manner consistent with the four fundamental principles of the laws of war governing the use of force” — i.e., “necessity, distinction, proportionality, and humanity.”

[. . .]

More generally, the white paper fleshes out the Obama administration’s argument that U.S. citizens killed by drones are getting all the process that is appropriate in the circumstances; hence the Fifth Amendment, though implicated, is not violated. And since these targeted killings are lawful acts of self-defense, the Justice Department says, they do not violate the law against killing U.S. nationals in foreign countries or the executive order banning assassination. After all, “A lawful killing in self-defense is not an assassination.” Duh.

The problem is that to accept this position, you have to put complete trust in the competence, wisdom, and ethics of the president, his underlings, and their successors. You have to believe they are properly defining and inerrantly identifying people who pose an imminent (or quasi-imminent) threat to national security and eliminating that threat through the only feasible means, which involves blowing people up from a distance. If mere mortals deserved that kind of faith, we would not need a Fifth Amendment, or the rest of the Constitution.

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