The Spies, the Military, and the Courts

The art of espionage is as old as the arts of diplomacy and war. All it takes is a little money and a vague indication that the other side has some information that could change the balance of power. Sometimes, espionage serves a valuable purpose. Usually it does not.

Since the "war on terror" began, there has been something rather unsettling about the detainment of Al-Qaeda captives at Guantanimo, Cuba. Some observers assert that the unsettling thing is the treatment of the captives. The argument runs that these captives have too many or too few rights. Or could the problem be something else? Why has it taken so long to begin the trials of these accused terrorists? For that matter, why have most of the captives not been formally charged with anything yet? Surely these will be open-and-shut cases, so why spend so much tax payer money to keep these captives clean, cool, and comfortable in the tropics?

While these are all valid inquiries, the most unsettling thing about the goings-on at Gitmo has been divulged during the last several weeks. That aspect is that a growing list of US military personnel have engaged in rather questionable acts involving classified documents and Al-Qaeda operatives. One of the accused was a chaplin who had extensive access to the detainees. Several of the other accused had access to classified information because they were translators for the detainees. All the accused were recent converts to Islam.

Enter here the Constitutional complexity. The military cannot establish a rule to deny all followers of Islam access to the detainees. That would deny freedom of religion in pursuance of the First Amendment. Nor can the military suddenly deny the detainees access to the resources to practice their religion. The practice already having been allowed, it cannot now be revoked.

Then there is the matter of the translators. Most of those military and intelligence personnel who woud be able to serve as translators would probably be followers of Islam. That reality only perpetuates the vicious cycle.

If the warriors cannot be trusted to watch the enemy, then who should take on that task? Since the detainees are kept at a military facility, the military is the only party to have obvious jurisdiction. It is very unlikely that the US military would authorize another agency to translate for and tend to its captives. Who else would want that obligation?

The only viable option, in these circumstances, is that the commanders at Gitmo do a total and complete investigation into what transpired and undertake efforts to ensure it does not happen again. If Al-Qaeda can penetrate so adeptly into the activities of its adversaries, the reverse must also occur - and it must occur as promptly as possible. To Al-Qaeda, what is happening at the camp in Cuba is at least a quasi-victory - except that their spies are now in the brig. The first rule of espionage is that the spy should not get caught at his/her task.

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