Sometimes Good must be seen to be done.
Well, today my anglophile tendencies are showing. My husband and colleagues say such tendencies show all the time. I am quite elated at the joint intelligence operations between the British and Pakistanis that resulted in the arrest of 24 suspects in London, High Wycombe, Birmingham and other sites. While shocking, it some ways these arrests illustrate my misgivings about the Patriot Act, military tribunals and the attitude sometimes displayed by the U.S. intelligence community. Now -- hear me clearly. I am a firm believer that our intelligence community does a good job. In fact, I think they have and continue to foil a great many attempts on Americans and America.
The trouble is justice must not only be done, it must be seen to be done. This quote is most often associated with English jurisprudence and Lord Hewart from Rex v Sussex Justices; Ex parte McCarthy (1924) and was discussed at the Australian legal convention in the Fall of 1999. (Keynote Address on Open Justice) Yet, the idea is even older. Throughout the Old Testament, the Lord continually admonishes the Israelites to show justice. In fact when they are carried off into captivity, that is cited as one of their great crimes. (Ezekiel 22:29) Justice must happen out in the open. If for no other reason than to prevent the temptation to pervert it. John 3:19 says that men loved the darkness because their deeds were evil. Being behind closed doors does not necessarily mean that evil is occurring, but it certainly creates a greater temptation for it. Henry VII's Court of the Star Chamber was certainly effective putting down revolts of his noblemen, but it did so through fear.
Which brings me back to the arrests in the UK. The arrests were certainly shocking to many of the neighbors of the suspects. (BBC report) Yet, the fact that the plot was foiled and open measures are being taken in order to ensure against other plots (despite the MONUMENTAL inconvenience) is in some ways as reassuring as the arrests connected with the July 7th bombings and the foiling of the July 21st attempt were. The arrests demonstrate the reality of the threat -- but they also remind the public that the forces which are supposed to serve and protect are doing so. As I said before, I firmly believe that the U.S. intelligence community is quite good and successful. The trouble is that sometimes the public does not know about it. Occasionally a more public success would be helpful, as would a prosecution. These help inspire confidence -- not fear, and secretiveness inspires fear. Darkness thrives on it.
There must be a balance.
President Dwight D. Eisenhower was a firm believer in good intelligence; it
certainly aided in the success of the invasions at D-day. His belief
in it was the reason for his authorization of the U-2 project which
allowed him to keep the peace throughout the latter 1950s and keep the Cold War
from escalating. Yet, there must be a balance. We need openness from
our leaders, and we also need them to be trustworthy enough so that when they
cannot answer for security purposes we know there is in fact a good
reason. Ike had a good quote about the need for security. He said
"if all the American people are interested in is security, they can go to
prison." Justice and liberty come at a high cost. Discomfort
and the willingness to confront the enemy in the light of day.