11.26.2003

Oh Yee of Little Faith
By Jermaine Smith

In the war on terror, the challenge begins on our own soil, and it begins with our policy on terrorism.

Since 9/11, the government has taken many liberties in response to “terrorist activity.” There are currently over 650 prisoners at Guantanamo Bay alone, mostly members of al-Qaida or associated groups captured in Afghanistan and Pakistan. Some may be guilty. Some, such as Capt. James J. Yee, may be victims of a fearful society.

The American military recently released Capt. Yee, a former Muslim chaplain at Guantanamo Bay, after nearly three months of detainment based on suspicion of espionage. The army dropped charges against Yee for transporting classified information without the proper cover; an infraction deemed insignificant as it pertained to national security. However, the detail of many charges both preceding and succeeding Yee’s detainment is vague. This fact, coupled with military law, gave the military not only the ability to make the initial arrest, but to uncover more scandal to mar Yee’s name.

Despite the dismissal of the original charges, Capt. Yee now faces fresh charges of adultery and storing pornography on his government computer. While perhaps a question of morality, this has little to do with national security. After an arrest for suspected espionage and accusations of adultery, neither of which have led to a conviction, what will be left of Yee? This situation has tarnished his name and status in the military, all for the sake of minor violations. If the courts ultimately clear Capt. Yee of all charges, is the military not to blame for its rash judgment of one of its own? Three months of false imprisonment and irreparable damage to Yee’s character are serious crimes of which the military is certainly guilty.

No one faults the government for its concerns for national security. Most citizens feel safer at night believing that all suspicious characters are imprisoned somewhere far away, where they can hurt no one but themselves. However, there must be a more judicious use of such authority. While it may be fair to investigate a threat to national security, the military has no right to invade the privacy of any citizen, civilian or otherwise.

In this case, Capt. Yee became a scapegoat. Once it was clear he posed no threat, the military brought additional charges against him that served little purpose other than to justify his arrest as an immoral character, not as a terrorist threat. It is irrelevant whether he is guilty of these allegations or not. Ultimately, he, and every other detainee held without evidence, is guilty is in the minds of the average citizen, considering the character assassination the media attention and accusations provide.

Allies have noted our practices and policies regarding these detainees abroad as well. President Bush recently made a goodwill trip to the UK, in hopes of garnering more support. However, our major ally, Great Britain, is beginning to question the ethics, or lack thereof, associated with prisoner treatment in Guantanamo Bay. Of course, the prisoners of particular interest to them are of British citizenry; nonetheless, one of Britain’s most senior judges has personally condemned the system, calling it a "monstrous failure of justice." From an ally whose justice system ours is based upon, that is a particularly unflattering description.

The cavalier attitude America has adopted towards fighting terrorism may well win Bush votes next Election Day, but the cost is an international showcase of American xenophobia. We compromise our nation’s integrity and lose the respect of other countries when we disregard basic civil liberties: the same civil liberties so important to the founding of this nation.

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