This is
the sort of thing with which I will not put up:
"Not the childish asking if I'm obtuse part... it's not as common from Gene, but it happens. I mean his willingness to take up the Rumsfeld/Bush line on how critical uniforms are for treating soldiers like soldiers:"
1) Childish? Someone who does not recognize the difference between shooting at a Pennsylvania resident who is carrying a gun in a battle wearing a Confederate uniform, and blowing up some guy driving along in his family wagon in Yemen because it is alleged he is al Qaeda is either being unintentionally obtuse or deliberately obtuse. Since I know Daniel is a very bright guy, I'm giving him the credit of thinking he is being deliberately obtuse, because he likes Obama. I can't see why in the world it is "childish" to note there must be some sort of obtuseness involved in this.
2) Did
I make uniforms the critical thing about whether one can shoot back? No, I wrote, "If some guy is out in a Confederate (or German or whatever) uniform shooting at our troops we can pretty much assume he is an enemy combatant." I now realize that what I assumed, since we were talking about Vicksburg, I should have explicitly said: "on a battlefield." But hey, it was just a blog comment.
So, I was saying, "Someone in a uniform, on a battlefield, shooting at our troops, is obviously an enemy combatant." And in what order to I evaluate these criteria? Well, the first and foremost would be "shooting at our troops." If someone in no uniform, far from a battlefield, starts shooting at some American soldiers,
they can shoot back. Period.
The next most important criterion would be "on a battlefield." So, if American soldiers are on a battlefield, facing an enemy, and someone is moving freely about their lines, carrying a gun, despite not wearing a uniform, he can be shot. Perhaps he is a mercenary, perhaps a soldier who forgot his uniform that day, but it is OK to shoot him.
Now, if he is running around back there, with no uniform,
and no gun, we ought to pause: perhaps he is a Red Cross volunteer. We should not shoot him unless we have some evidence of his hostility.
The whole point is, we should not kill people unless we have clear evidence of their being a member of hostile forces. A uniform is
a part of forming such a judgment. Nothing I wrote posited uniforms as some unique demarcation criterion. That is just Kuehn's invention.
Now, I can respect someone who says, "Gunning down these alleged al Qaeda members is obviously troublesome, but it is the best we can do in this awful situation." But Kuehn in his first post suggested that doing so is no more problematic than shooting at a soldier in Confederate uniform who is shooting at you. (That he backed off this position in his follow-up post shows, I think, that he realized his initial position could not be maintained.)
I hope Daniel will consider this scenario seriously: He likes Obama (as I do, but perhaps not as much as him), and he wants to believe Obama will judge fairly as to which people, not in uniform, not carrying weapons, not on a battlefield, not attacking any Americans at that moment, can be assassinated. But what will he think when another Richard Nixon is elected, and that president blows up a media outlet critical of his Mideast policy, and then declares, "They were working with al Qaeda!"? I know Daniel will object, but can't he see that he is setting up the institutional structure that allows his objection to be summarily dismissed? "Hey, they were enemy combatants? Did we have to get judicial review before we shot at that guy at Vicksburg? So shut up, you malcontent!"
UPDATE: Gene Healy
over at Reason notes: "Any citizen the administration believes to be a 'senior operational leader' of al Qaeda or an 'associated force' can be killed if a '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' and deems his capture 'infeasible.' But the memo also makes clear that the administration alone will decide whether it has met those criteria—and how to define the terms."
So, if the administration "believes" you are in al Qaeda, and "believes" you pose an imminent threat to the U.S., and "believes" you can't be captured, you can be killed. Is that not a
wee bit different than shooting at some guy from Pennsylvania who is wearing an enemy uniform on a battlefield along with a bunch of enemy troops and who is aiming a rifle at you?And isn't someone who pretends this difference doesn't exist being obtuse, whether deliberately or not?