Comment E-mail Print Bio Archives

The latest question being debated in the media is, "Can we kill an American who is working for al Qaeda overseas?" It may be rhetorical, but it clearly demonstrates the confusion in America today about our status, that is, whether we are at war or not?

The nation is divided over the issue. If we are at war, why aren't we trying war criminals in military tribunals as opposed to giving them the same rights that our citizens enjoy in civilian courts?

The Bush administration seemed to be clear that we are at war, and that enemy combatants should be tried in military courts. However, although Guantanamo Bay was established as the place to hold people who were picked up on the battlefield or otherwise captured and known to be terrorists, such as Khalid Sheikh Mohammad, in the eight years following the World Trade Center attack, the government never completed the job of updating our laws to deal with such prisoners.

Most of the public seems to believe we are at war and that it is a war on terrorism. However, the Obama administration apparently does not agree.

This leads to confusion and weakens our nation's defenses. Obama's position that the word "terrorism" is not to be used by his administration and being unwilling to acknowledge that we are at war is directly at odds with his authorization to send an additional 30,000 troops to Afghanistan and his approval of attacks by military drones in both Afghanistan and Pakistan.

The confusion is further exemplified by the administration's handling of incidents like the Fort Hood shooting, promising to close Gitmo without thoroughly considering the consequences, and moving the trials of Khalid Sheik Mohammad and the Christmas Day bomber to civilian courts. For the most part, the reasoning behind these decisions is not clear and the public appears to strongly object to them.

Article One, Section Eight of the U.S. Constitution says, "Congress shall have power to...declare War," so perhaps the question should be, "Why not declare war al Qaeda and any other group that attacks us?"

We seem to be overlooking the fact that Osama bin Laden declared war on the United States in August 1996. His declaration was published in a London based Arabic language newspaper and followed a long list of attacks on U.S. properties and personnel overseas dating back to 1979, when Iran took U.S. embassy employees hostage. It continued from there with the 1983 attack on the Marine barracks in Lebanon and a succession of other attacks thereafter, the most notable of which were the attacks on the World Trade Center in September 2001 and the attempt to bomb a Northwest Airlines flight from Copenhagen to Detroit on Christmas day 2009.

So, what's the problem? Are we at war or not? And, if we are, why don't we formally declare war and move on from there? The obvious question is, "against whom?" There is no easy answer to this, but how about starting with al Qaeda and any nation or group that gives them support or allows them to use their territory for training and staging attacks on other nations?

>> Continued -- Page 1 2