Second look at Wikileaks video

The 17-minute Wikileaks video released this week has caused an amazing amount of controversy. The images themselves, even when stripped of the legal implications, were gruesome to watch because witnessing death, black and white or otherwise, would always be hallowing to the non-military, American public. Lesser attention was given, however, to the full 38-minute uncut version, which followed the events with another scene, where the American Apache gunship fired three missiles at a warehouse believed to be a hideout of the militants.

Context is always important. The year was July 2007 and it was a bloody one. At the time, the Bush Administration was in the middle of the so-called Surge strategy. Iraq, in its fourth war year, according to numerous observers, were on brink of a full-blown civil war. The country was dangerous. It looked as if everyone in the country were armed and engaged with each other in combat. News reports of American deaths came nearly daily. This context must be taken and understood as to why and how the American soldiers made their choices.

And yet I had a hard time watching the video without thinking something  went awfully wrong. Even while imagining the world outside the gunner’s view was full of violence and danger, it was unfathomable to think that the men the gunner saw were immediate threats. What I found lacking among the instant analysis published following the video release was a sense of fairness not only toward the American soldiers but the unidentified civilians on the ground.

Fairness is impossible if the first impulse was to blame the civilians’ deaths for carrying weapons in the public space. If 2007 was as dangerous as the reports have described, it would be insane to walk in the public space without an AK-47, no matter who you are.

Fairness is impossible if the first assumption of those armed men to be enemy combatants, therefore were immediate threats, simply because they clustered into groups at a suspected area. War is war, true. But what shown on the video were no immediate threats. Those men on the ground did not ran for cover as they spotted the American helicopter. In fact, after the gunner got the request to fire at the civilians, the gunner waited as the helicopter circled the group for a better view.

Objectivity is hard for find when after the first round of fire, the gunner fired again at the downed men. If that fit the Rules of Engagement, the rules must be reviewed.

At what about the “black” van, which was not painted in black at all? That vehicle posed no harm. The men who came out of the truck posed no harm. And still the gunner fired on.

In the longer, 38-minute version of the video, three Hellfire missiles were launched into a building. That too, should be investigated by the military because it was perhaps the most indiscriminate action taken by the gunner.

What the military investigated, we were told, was based on a narrow scope. The report did not mention the children, nor the warehouse scene, nor the truck’s purpose. Fairness demands thoroughness. The U.S. military and its civilian counterpart must do this right. All eyes are one them now.

How about Alberto J. Mora for Stevens’ seat?

Nightingale and Vaughn, now that I’ve caught up with the legal books you two have recommended, especially those of the Bush administration, I can’t think of a better name than the former U.S. Navy General Counsel during the Abu Ghraib/Gitmo period.

Mora was among the earliest opponents of the torture memos sewn together by John Woo and the Bush administration. His experience with the military judicial branch gives the Court some military experience it certainly lacks following Stevens’ departure. If not Moran, how about former Lt. Commander Charles Swift, who defended the Hamdan v Rumsfeld case and won. These ex-military can fill the shoes of Stevens since he, too, was a Naval Intelligence analyst during World War II.

Admittedly, neither Swift nor Mora possess the star power of Warren or Clinton, but given the military personnel being worship by the public, the hearing should be breezy, no?

Re: Hillary for the Court

Nightingale, your proposal of Clinton brought back old memories. During the 2008 primaries, I told you that if Hillary won, she should nominate Obama to the Court, given his depth with the judiciary branch. Now the possibility is real and reverse.

It’s true that Hillary, after the Sec. of State role, would be very tired of the travels. At the same time she had little incentives to return to the Senate. The Court perch would be right for her. But I wonder if she carries too many baggage for the nomination. Ezra Klein said the Senate would have an easier time to vote for one of their own, but we all know how much of the opposition a Clintonite could spark.

Maybe I am wrong and that Obama is ready for this big fight. Warren would be the ideal choice to break the mold of so-called “judicial experience.”

Hell, Obama won the campaign not by expounding on his experience, but vision. Warren is nothing but visionary. I could see the opponents railing against her lack of experience “in the real world,” and that everything she had was based on theoretical research. But man, when you look at the video I linked, she looked down right earthy. She looked like Sarah Palin, with glasses. But she also has a brain.

Would the G.O.P dare going against an anti-Wall Street woman? Hillary is tough and the public loves her. But Warren also looks tough if given a chance to speak on her favorite subject.

Hillary Clinton for Supreme Court

While owning the China’s Laws domain, I can’t resist pitching in a post on the American judiciary matter as a follow-up on Vaughn’s proposal to put Elizabeth Warren on the high court.

Hillary Clinton, perhaps, should be the choice. As the Secretary of State, she is probably expected to step down by the end of Obama’s first term. Anyone doing her job, with all of that travel, would be tired and jet lagged beyond proportion.

Credential wise, no one—not even the Washington favorite, Elena Kagan—has the credentials as the former First Lady. She has been on both sides of Capitol Hill. She was a legislator and a politician who ran a marvelous presidential primary campaign. As the Court continued to interpret the legislative language, i.e. PATRIOT ACT and FISA, Clinton’s knowledge in the “legislative intent” would be one valuable addition to the legal realm.

And it would not cost the conservative anything. Stevens, as far as the judicial balance goes, is a liberal by modern standard. Hillary is pro-choice and pro-executive branch. Obama would waste one big name if he overlooks her.

The downside, of course, is that Obama must do two nominations. One is for the court and the other to replace Clinton. Can the White House stomach the fight? Yes. After passing Health Care Reform, Obama went all-in again with the nuclear disarmament agreement with Russia and earned even more political capital. This fight is one fight the former Constitution professor would love to have.

Who should take up John Paul Steven’s seat?

This morning, the eldest justice of the U.S. Supreme Court announced his retirement, effective the end of this term. That move, Jeffrey Toobin said, would be Stevens’ last gift to President Barrack Obama because while the Court could operate with 8 justices, there is a pressure on the Senate to hurry along with the process so that the Court can function with a full cadre.

The list of names Obama would nominate to the slot is nothing new. There are Diane P. Wood, Jennifer M. Granholm, and Elena Kagan.

But I, for one, would like to see names from outside of the usual judicial channels. Elizabeth Warren, for instance, is a worthy choice. Currently she oversees the TARP fund. But she has always been the advocate for a Consumer Protection Agency—a modern Ralph Nader without the idiotic statements from time to time. Should Obama goes for Warren, it would be a liberal choice for all liberals. She, by far, is the most visible face of the anti-Wall Street crowd.

As for names that should not be on the list, I predict Janet Napolitano of the Homeland Security Agency isn’t going to be at the top. Her records over the Christmas “Underwear Bomber” would be used again and again to negative effect.

Did U.S. spook China into currency reevaluation?

Most likely no on the unilateral sense but the stories on the possibilities would make one interesting essay on how much China cares about its global image. Answer: A lot.

The U.S.’s strategy to make China the big target at G-20 surely got China worried. At the same time, I am sure the exporters are also pressuring the government to break out of the stalemate of currency value freeze. If they are not making money by selling their goods oversea, they could, in theory, be selling at home.

The Central government is a bit skeptical and rightly so. If they let the Yuan float by its true value, there could be greater chance of making China the next consumer Mecca. In the short term, that would work but in the long term, it’s bad for GDP. Either way, staying the course isn’t the option. The Beijing government is learning out pretty quick the way of the American politics: Solve the problem now or kick it down the road.

Funny thing, they also behaved like Wall Street, with quarter to quarter planning and short sights.

Obama makes good on Nobel’s prize

More than a year ago, a European body of elitist thinkers named Obama to be the winner to its most prestigious award: The Nobel Peace Prize. They cited him for, among other things, his ambition to reduce the world of nuclear weapons. It was a striking moment. Having done little up to that point, other than writing a detailed thesis during the 1980s, Obama was awarded for his vision, rather than act. At the award speech, the body’s president said the prize expressed hope that the recipient would make good on the vision.

Here we are, with the Obama White House issuing a new Nuclear Posture Review that, among other changes, shift its vision of nuclear warfare. The review was meant to move America out of its Cold War habits and into Terrorism age, where the point is not total, mutual destruction, but mutual reduction. Despite the flaws and hints of naivete the new NPR  presented, it is a significant step in the eyes of this European.

The Parisian government, I bet, is biting its lips now that the Obama beat them to the punch of being the first Western, nuclear power, to push for further restrain on the most destructive elements of its arsenal.

Military base issue shows Japanese government’s incoherence

Fact: Winning election is not a clear indication of the ability to govern. Ever since the new Japanese government took on the task of executing their election agenda, the American White House found their Tokyo counterpart lacking singularity in its voice. One day, the foreign minister says one thing, another day had the interior minister declaring another. This generalization is even more obvious on the domestic policy front.

But those thinking the military base issue is causing a rift is betting against history. As far as I can tell, from the official statements, there is no desire or will to break up an important alliance over the issue, despite strong, local objection.

Japan, truthfully, needs the U.S. a bit more than vice-versa.

Taiwan has a Whitney

Not a girl, but a boy, connected with almost every note and inflection of the original grand diva.

Sent chills down my spine and left me exasperated at every crescendo.

Wikileaks basking in deserved glories

Johnathan Stray wrote pretty much what the amateur and professional investigative journalists had been saying quietly all along:

Despite these public-interest successes, Wikileaks’ disregard for gag orders and their unabashed advocacy makes full-throated praise for the organization rare. Yet no journalist I’ve spoken to will speak ill of Wikileaks in private: Every reporter understands that Wikileaks is the thin end of the wedge. If they can’t run a dangerous story, no one can.

We’ll see if the video matches the damning Pentagon Papers.