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Why America Is Losing the War on Terror
New Press
September 2007
On Sale: August 26, 2007
256 pages
ISBN: 1595581332
EAN: 9781595581334
Hardcover
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Non-Fiction Political | Non-Fiction
A cogent critique of the new "preventive paradigm" in
counterterrorism policy by two of the nation's leading legal
scholars.
"If we wait for threats to fully
materialize, we will have waited too long."—President
George W. Bush, defending the National Security Strategy
doctrine "preemptive war," Commencement Speech at West
Point, June 1, 2002
In Steven Spielberg's science
fiction thriller Minority Report, the Justice
Department uses psychic visionaries to predict and prevent
future crimes. President Bush has no psychic visionaries,
but in fighting the war on terrorism his administration has
nonetheless adopted a sweeping new "preemptive" strategy,
which turns on the ability to predict the future.
At
home and abroad, the administration has cut corners on
fundamental commitments of the rule of law in the name of
preventing future attacks—from "waterboarding" detainees, to
disappearing suspects into secret CIA prisons, to attacking
Iraq against the wishes of the UN Security Council and most
of the world when it posed no imminent threat of attacking
us.
In this brilliantly conceived critique, two of
the country's preeminent constitutional scholars argue that
the great irony is that these sacrifices in the rule of law,
adopted in the name of prevention, have in fact made us more
susceptible to future terrorist attacks. They conclusively
debunk the administration's claim that it is winning the war
on terror and offer an alternative strategy in which the
rule of law is an asset, not an obstacle, in the struggle to
keep us both safe and free.
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