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16 May 2011 By
Jacob G. Hornberger The operation in Pakistan that ended in bin Laden's
death brings to mind the case of Ramzi Yousef. He was
one of the terrorists who committed the bombing of the
World Trade Center some 8 years before the 9/11
attacks on the WTC. Yousef's 1993 attack on the WTC was handled
differently from that of the 2001 attack. After Yousef
escaped from the United States and went into hiding in
Pakistan, the U.S. government did not attack or bomb
Pakistan, Afghanistan, or any other country. The decision not to bomb Pakistan or Afghanistan
had monumental consequences. Most important, the lives
of countless people who had nothing to do with the
1993 WTC attack were spared, which meant no boiling
anger and rage leading to terrorist retaliation
against the United States that would have arisen from
such military operations. Instead, U.S. officials decided to simply wait
Yousef out, counting on intelligence and police work
to ultimately apprehend him. It took time, but two
years after the WTC bombing Yousef was arrested at a
guest house in Islamabad, not far from the Pakistani
city in which U.S. troops killed bin Laden. Yousef's capture, however, was not achieved by the
military. It was done by Pakistani Inter-Services
Intelligence and the U.S. Diplomatic Security Service.
Notwithstanding the role of the U.S. military in
the raid on bin Laden's compound, the operation was no
different, in principle, from the one that resulted in
Yousef's arrest. Both were police operations, even
though the bin Laden operation involved the use of
military troops rather than police. The fact that
troops are engaged in what is essentially a police
operation does not convert the operation into a
military one. Consider the fact that in many Third World
countries, the military serves as the police or
engages in police operations. That doesn't convert the
police operation into a military one. For example, during the past several years the
Mexican military has been heavily involved in the drug
war. But simply because the military is arresting or
killing drug lords doesn't mean that such operations
are military operations. It's simply a case of the
military serving in a police capacity and perhaps
using more force than the police. What if the U.S. military were summoned to patrol
the southern border against the entry of undocumented
workers? That would be a case of the military serving
in a law-enforcement capacity, not a military
operation. The military mindset is totally different from the
police mindset. The military man is trained to think
in terms of killing while the policeman is trained to
think in terms of arrest. Thus, it is not surprising that military officials
were unwilling to risk the lives of any of their Navy
Seals in an attempt to arrest bin Laden and return him
to the United States for trial. In their minds, such a
risk wasn't worth it. The soldier's mindset is on
killing, not arresting. The policeman's mindset is totally different. When
a suspected criminal is holed up in a building, the
cop's mindset is focused on how he's going to arrest
the person, not kill him. While the cops sometimes do
kill a person who resists arrest, nonetheless the
primary focus is on apprehending, not killing. Yousef was extradited to the United States, where
he was indicted, prosecuted, and convicted in U.S.
federal district court. Why federal court rather than
a military tribunal? Because in 1993, just as in 2001
and today, the terrorist attack on the World Trade
Center was a federal criminal offense under the U.S.
Code. Yousef is now serving a life prison term in a
federal penitentiary. Of course, President Bush's response to the 9/11
attack on the WTC was totally different from the
response that U.S. officials took after the 1993 WTC
attack. The invasions and occupations of Iraq and
Afghanistan, which killed, maimed, or exiled millions
of people, most of whom had nothing to do with the
9/11 attacks. Both countries were destroyed. The anger
and rage produced by the invasions and occupations
have ensured an endless stream of terrorist threats —
threats that are cited as the reason why civil
liberties cannot be restored to the American people
despite the killing of bin Laden. The killing of Osama bin Laden is expected to
produce one significant change in direction for the
U.S. government: According to the New York Times,
federal prosecutors are expected to appear in U.S.
District Court this week to seek a dismissal of the
federal criminal indictment for terrorism that has
been pending against bin Laden for several years.
That's not surprising. As I stated previously,
terrorism is a federal crime under the U.S. Code and
bin Laden's death makes the criminal charges against
him moot. Jacob Hornberger is founder and president of The
Future of Freedom Foundation. |