Protecting Our Civil Rights — The New Fight Against ISIS and Terrorism

Terror attacks are increasing in intensity and frequency, and it has become obvious that we must increase the invasiveness of our techniques in combating those elements. That, in turn, raises the issues of protecting our civil rights, which might be encroached upon in the process of counterterrorism activity. How we interdict violent terroristic attacks here and abroad and how we simultaneously protect our civil rights is not an easy task, but neither is it impossible. To understand the necessity of revisiting the methods of interdiction and its effects, it becomes important that we have some background in understanding the present nature of terrorism as it has evolved in recent times and as we shortly move into 2018. At the outset in our discussion we must ignore any slippery slope analysis. It does not enhance the depth of the discussion nor advance any meaningful analysis.

We should begin in June 2014. The ISIS leader, Abu Bakr al-Baghdadi declared the establishment of the Islamic Caliphate by the Islamic State in Syria and Iraq. By that summer, the Islamic State’s territory covered about a third of Iraq and between a quarter and a third of Syria. It has been estimated that ISIS had become the richest terrorist organization in the world. In response to ISIS’s overwhelming territorial capture, and within months, an American-led international coalition was fashioned to attack ISIS. Not surprising, one year later (September 2015), Russia began its military intervention in Syria, initially to prevent the collapse of the Syrian regime and later to support the regime in fighting not only ISIS but other rebel organizations, referred to as “terrorist organizations”. To expand its sphere of influence, Russia has entered into an agreement for air support rights with Egypt.

The ISIS crises came to an head in early 2015, with the commencement of an intense and non-stop military campaign for the next two and half years, up to the time of writing this Commentary ( early December, 2017). It can be said, on the ground the Islamic State no longer exits. Lost are most of its captured territory including the historic cities of Mosul and Raqqa including those areas along the Euphrates River in both Iraq and Syria. It would, however, be a terrible mistake to say we have defeated ISIS and all is well. It is not.

We have recaptured land seized by ISIS, but ISIS, as a terrorist organization (along with its immense wealth), has not been defeated. It remains a real, continuing and enormous danger to our wellbeing. ISIS motivated and inspired attacks here, at home and abroad, will continue, and if history is any judge, they will escalate in intensity and scope with the demise of its territorial loss, and as thousands of their fighters who already have returned will return to their homes with their hatred intact. In addition, there is no longer the question some of those fighters will join or rejoin with some faction of a-Qaeda from which they had initially belonged. As reported, it has already shown its ability to easily function in far-flung places, while openly conscripting new and trained fighters in areas marked by political, social neglect or oppression.

As I have written in the past, our civil rights, protected both at home and abroad, is the cornerstone of our democracy and individual well-being. They must be protected but cannot be used to lesson our ability to defend ourselves and thus be an avenue thru which we are attacked. It is equally essential we not hamper our ability to anticipate and defend against the enemy. ISIS. Not Islam. Not those “dudes”. Not those who create fake shadow targets thru the internet.

There is a subtle but elusive bond and trust between our national government and the population. It is that bond and the trust that has been created that protects our democracy. We must have faith in our government. And in return our government must be “of the people and for the people.” Any concept of a “big brother” government must be rejected; an idea that we merely cede our rights in return for protection must be rejected. Without ceding self to an authority, we at the same moment, must have in place a robust form of law enforcement that protects that fragile structure against internal and external threats. At this juncture it is essential that we have an enhanced counterterrorism mechanism in place, but as I will discuss below, with a respected independent national oversight authority as a counterbalance. Not the Attorney General appointed by a President, not individual state legislatures, not ad hoc civilian groups created for particular contentious events. We must create a congressionally constructed legal body, independent of any presidential control that is funded and answers only to a joint bipartisan congressional committee, with neither political party having a deciding vote.

We have moved far from the time when we made hard distinctions between domestic and international forms of terrorism. The line between legitimate forms of dissent and terrorism is not as ambiguous as in the past. We have come to a time when it is essential that we employ enhanced law enforcement tools to increase our ability to interdict a terrorist before (s)he attacks. Not after the attack. Concurringly, during any ongoing investigation, it is essential that there be in place a process for the civil rights protection for the target. We are long past the time of Hoover’s FBI.

As noted above, with the creation of an independent body of trained lawyers and investigators who will have the appropriate “standing” (notwithstanding not having been retained by the target of any investigation) to appear before a federal court on behalf of these person, and to maintain the necessary secrets of any enquiry will any hearing will take place in camera. The effect is that those persons or entities under scrutiny will then have legal representation without being notified of any ongoing probe. The aim of this approach is that with the risk of terrorist attacks increasing,(yesterday at Times Square in New York City) we require our national defense, to be more robust and intrusive in our terrorist investigation, and that might further encroach upon civil rights. In order to minimize that intrusion and to be as certain as possible that whatever invasive procedure is permitted by court order, there must be evidence that underscores the seriousness of the potential threat and necessitates the need for the enhanced counterterrorism techniques requested. For that we need something more than the Government’s mere unilateral claim and procedural request to a court.

What becomes vital in our democracy is an independent analysis and review of the government’s request. This is accomplished by the creation of an autonomous group of attorneys who would appear before the appropriate court and act on behalf of the targets without the target’s knowledge. A safeguard is thereby created to protect against the government’s potential overreaching and violating the targets civil rights but also to provide the government with the appropriate, more intrusive tools to counteract a potential attack.

Aside from the lone copycat who more often than not flies-under-the-radar, terrorism on a larger scale is becoming more sophisticated and complicated in method and structure. It is essential that we refine and improve our methods of investigation or we will lose in that battle.

Richard Allan,
The Editor

Connected Unsystematic Thoughts

The U.S.-led air campaign against the Islamic State began more than a year ago, and then chaos set in. The confusion on the ground and in the air over Syria is only becoming more of a night- mare, caused in part by too many fingers in one pot with no recognition of each other. Two months after Putin’s physical entry to shore up Assad’s regime, there have been too many close calls in the same air space between the fighters and bombers from Russia and the United States. To add to the confusion and disarray is Turkey’s shooting down a Russian bomber that strayed into Turkish air space. The crises continue with questions concerning the Turkish control of its boarders and ISIS. And now the present outcry: which country bombed a friendly Syrian army base? The first accused was the United States, but forced to reveal its evidence, the American intelligence confirms it was Moscow’s “Blackfire” bombers that killed three soldiers, wounding at least 13 and destroying vehicles and equipment. And yesterday, a Turkish fishing vessel came within 1600 feet of a Russian destroyer playing a dangerous game of “two close to call navigation” with Russian firepower used to make a military point and Turkey said its losing patience with the Russia.

As we flip to the other side of the world, China continues to pile sand and rocks on reefs to build islands to extend its territorial claims further into the South China Sea and to add its military strength to be piled higher on newly created islands. This is not only an attempt to control so much more of free sea lanes of navigation but to cut heavily into the control and power of China’s many neighbors, especially Japan and the United States’ long reach of its naval might. All this adds up to a new strategic imagery: Japan is moving rapidity away from its post WII pacifism, communist Vietnam is purchasing arms from the United States, and the Philippines is inviting the U.S. Navy back to its ports, some twenty-five years after asking them unceremoniously to leave. And even if you have never visited the tiny island nation Singapore, it is not hard to understand why the United States and Singapore have signed an agreement to provide a launching pad for the United States to monitor the South China Sea. Also, as reported, not only has Malaysia called for the United States to work out of its bases, but I am informed that the United States has added to its aircraft force in the area the P-8 Poseidon thereby putting greater spying know-how ability into play to monitor the Chinese adventures and capabilities in that part of the world.

Two items have become clear since my last comments concerning the Iranian Nuclear deal (JCOP). First, Iran is moving internally further in the direction against the “American Enemy” with greater political movement toward the ideological base of its Supreme Leader and non-adherence to the JCPOA , and, second, my mistrust of Iran’s intentions have become more evident. We have just learned that notwithstanding UN Resolution 2231, which was passed just one day after the nuclear accord was signed and which compels Iran to restrain from any work on ballistic missiles for 8 years, on November 21, in breach of that resolution, a missile known as the Ghadr-110, having a range a little over 1200 miles with the capacity of carrying a nuclear warhead, was tested by the Iranians. So much for international agreements, international resolutions, and international oversight and enforcement.

About three months ago I asked one of my grandsons: What’s the Dark Web? Without hesitation he shot back: “Why? Why do you want to know? You shouldn’t go there!” Since the shooting in San Bernadino with the death of 14 and the injury of scores of others, there is talk of encryption (normal text into code) and the Dark Web. It is on the Dark Web that terrorists communicate, utilizing encrypted messages. The Dark Web is a semi-technical term that refers to a collection of websites that, although they are publicly visible/available, the IP address of the servers that run them is hidden. You and I can utilize the Dark Web with any web browser, but it is more than problematical and ultra-challenging to determine who is behind the sites.

On December 8th the French newspaper, Le Monde, reported that France, not nearly recovered from the ISIS attack last month in Paris, may seek to ban the infamous Tor browser, used to namelessly surf the Dark Web. The French Parliament may also ban use of public Wi-Fi during periods of emergency. But, at this writing, Paris seems to be turning away from those options. The UK has launched a dedicated cybercrime unit to tackle the Dark Web, with a particular focus on cracking down on serious criminal rings and child pornography. This very week the FBI has admitted that they can determine who is “speaking” to whom, but cannot crack the encrypted messages, so what it hears is “noise”, without understanding. Of course, only one country has been able to successfully block Tor: China, with its great “other” wall, the firewall.

As reported in the Jerusalem Post, a spokesperson for German Chancellor Angela Merkel said on December 6th that she supports labeling of Israeli settlement products from the disputed territories of the West Bank, East Jerusalem and the Golan Heights. Israel had sought Germany’s help in convincing EU member states to reject the implementation of this type of labeling as it has done for many other countries. It refused. So much for a balance, even-handed international policy, and from a person just named TIME’s—Person of the Year in a country synonymous with holocaust.

Each of these random thoughts carries a connecting tissue. The obvious fact being that the United States sits geographically between the conflicts in the east and the west. These conflicts share potentially devastating consequences to its national security not merely abroad but at home, on our own shores. We are also in the midst of a race to the White House in a manner and style never before witnessed, filled with extreme rhetoric and personal vindictive hate. We have seen pictures of foreign parliaments whose member have been moved beyond words to extreme physical conformation. We are not like that; but what have we become?

To live in fear is not acceptable. But to live without care is imprudent and unrealistic. Today, as I write this blog, Americans’ fear of terrorism is as high as immediately after 9/11. Do we cry “ouch “only when we are personally affected? There have so many lessons available to us over the last 75 years, why are we ignoring them and to our peril? What do we teach our children, and why does a grandchild have to become fearful because his grandfather queries about the Dark Web?

Richard Allan,
The Editor

Verified by MonsterInsights