COUNTERCOLUMN: All Your Bias Are Belong to Us

Coming just a couple of days after the President excoriated Democrats for espousing "The philosophy of the stop sign," which I thought was brilliant and long overdue, the Administration's rhetorical counteroffensive continues with this USA Today editorial by Secretary Donald Rumsfeld -- and fizzles.

The man gives a brilliant press conference. And his intelligence is so far above those who usually cover him the mismatch is embarrassing to behold. But this editorial barely clears the barrel.

Here's the lead sentence:

Arguably, no detention facility in the history of warfare has been more transparent and received more scrutiny than Guantanamo. There have been numerous visits from members of the news media, congressional representatives and the International Committee of the Red Cross.

That's college composition fluff. Meanwhile, look at this gem:

It is important to remember that the purpose of detaining these enemy combatants is not to punish them for committing a crime, but to gain intelligence about terrorist operations and to prevent them from attacking again. We have gained intelligence at Guantanamo that have stopped terror attacks and saved American lives.

Enticing. Alluring. I'm drooling to know more. What was the attack? Where was it supposed to be? How did we get the intelligence? How did we foil the attack? Is someone dead or behind barbed wire now because of it?

This would be a terrific lead for the story. Saving lives. It's really the whole point of the exercise, right?

So why do I have to read all the way to the last paragraph to find it?

And then, now that I have read it, there's no specifics. There's nothing there to prove to the reader that, yes, we need a Gitmo.

Donald's editorial seems designed to put readers to sleep. But imagine if the Donald had led with this, instead:

As Al Qaeda operatives Hussein Thamir Ibn Tamim and Mohammed Abu Moqtad arrived at a Poughkeepsie construction supplier to pick up the explosives they had planned to use to blow up an elementary school gymnasium, their car was surrounded by FBI agents who took them into custody.

Thanks to intelligence gained at Guantanamo Bay.

Another cell had planned to blow up a US consulate in Izbanistan. They had obtained the explosives, and were already assembling a truck bomb, when Izbanistani security forces happened to raid their safehouse, just hours before the planned strike. The raid probably saved dozens of American lives - again, thanks to intelligence gained by interrogators at Guantanamo Bay.

The fact is, our translators and our interrogators at Guantanamo Bay are saving lives around the world. And while there have been regrettable incidents of individuals violating policy responsible individuals must weigh the significance of these incidences against the lives of Americans both at home and abroad.

Responsible people have no difficulty in discerning which way the scale tips.

Our soldiers and law enforcement men and women are engaged in a tough business. And sometimes, we need to conduct tough interrogations. That said, we will not tolerate abuse or cruelty on our part, and we will vigorously investigate and prosecute those who engage in sadistic or illegal actions.

In doing so, though, we must also remember that al-Qaeda members are trained to falsely allege abuse and mistreatment while in custody.

Arguably, no detention facility in the history of warfare has been more transparent and received more scrutiny than Guantanamo. There have been numerous visits from members of the news media, congressional representatives and the International Committee of the Red Cross.

The latest calls for Guantanamo's closure were prompted by a series of news accounts about alleged mistreatment of the Koran. America has gone to unprecedented lengths to respect our enemies' religious sensibilities — including detailed regulations governing the handling of the Koran and broadcasting the five daily calls to prayer required by the Muslim faith over loudspeakers.

America does this because we respect and admire the proper practice of Islam, which calls on its adherants to practice kindness, tolerance, and charity.

The problem is not Guantanamo Bay. The problem is that, to a large extent, we are in unexplored territory with this unconventional and complex struggle against extremism. Traditional doctrines covering criminals and military prisoners, historically, have assumed that military prisoners are NOT criminals, and that rank-and-file detainees are NOT themselves co-conspirators in terrorist attacks against civilians.

As such, military prisoners are not routinely tried. There was never any "due process" hearing. Those captured under arms were simply held for the duration of the conflict, and then released back to their home countries.

It is therefore not appropriate - indeed, it's naive - to call for trials or hearings in order to hold those captured under arms in war. If they are combatants, they don't require trials. Indeed, it would be a violation of international law for us to treat them like criminals.

In order to keep some of them beyond the cessation of hostilities, though, there must be some mechanism by which to charge some of them with crimes. This is a complex legal matter, and we are still trying to create a mechanism that respects both the rights of Americans to feel safe and secure and the rights of the accused to due process, legal representation, an impartial weighing of the evidence.

Since hostilities have not yet ceased, however, it is entirely appropriate for us to continue to hold these individuals, even as we investigate possible crimes or conspiracies to commit terrorist acts. Indeed, we have released some of them - only to recapture them on other battlefields, taking arms against us, and trying to kill and maim our soldiers.

It is important to remember that our purpose is not to punish them for committing a crime, but to gain intelligence about terrorist operations and to prevent them from attacking again.

Where's Peggy Noonan when you need her?

Splash, out

Jason