In his speech at the Alliance for Justice annual luncheon today, State Department Legal Adviser Harold Koh seemed conscious of liberal disappointments with the trajectory of the Obama administration's national-security policy. He criticized the Bush administration for having "assaulted basic principles of the rule of law" and cast the role of the Obama administration as "repair[ing] the damage."
While part of Koh's speech was meant to be taken as humor, he very clearly seemed to be addressing the relative continuity of the two administrations on matters of national security:
Which reminds of the tale of the two Irishmen walking down the road...And one of them asks the other, "how do you get to Dublin from here?" To which the other answers, "you know I wouldn't start from here." Given the choice, who would start with what we inherited? Guantanamo, strategic damage in global reputation, a deeply polarized Congress, the worst recession since the depression, historic fights over health care and wall street reform, a four foot blizzard, a 7.0 earthquake in Haiti and another one in Chile, huge clouds of volcanic ash and gulf oil, you just might say, "I wouldn't start from here!"
But we had no choice to play the hand we've dealt. In only one year you can't undo the damage of nine. But our only choice has been to work as steadily and systematically as we can to turn these situations around.
Koh also offered an oblique defense of the use of targeted killings against terror suspects, referencing his speech before the American Society of International Law that appeared to lay out the rationale for the administration's copious use of drone strikes:
So guided by his words, we in the administration have tried hard to ensure that we conduct all aspects of these ongoing armed conflicts, detentions, use of force, and prosecution of suspects in a manner consistent not only with the constitution and the laws of the United States, but also with the laws of war. In a recent speech I gave to the American Society of International Law, I described our approach.
The reason I am in the government is to make sure that the government lives up to its commitment to comply with international law, including the laws of war in all aspects of these ongoing armed conflicts. This commitment is not just rhetorical, it's an ongoing task to which I and others in my office devote dozens of hours every week.
For civil libertarians and human-rights activists concerned about the administration's escalating use of drone strikes, attempts to revise Miranda rules, revival of the hybrid system for trying terrorists, and now the news of the U.S. military doing covert operations abroad, Koh's personal commitment will probably be seen as unsatisfactory.
Indeed, prior to introducing Koh, AFJ President Nan Aron criticized the administration for failing to close the prison at Guantanamo Bay. "While the administration pledges to close Guantanamo, we cannot erase the stain on America’s actions with just a promise," Aron said. "We need a promise fulfilled."
-- A. Serwer
