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	<title>#wb10 - Merve Unsal - TRY &#187; fear</title>
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		<title>Barack Obama’s Inaugural Address</title>
		<link>http://www.merveunsal.com/try/barack-obama%e2%80%99s-inaugural-address.html</link>
		<comments>http://www.merveunsal.com/try/barack-obama%e2%80%99s-inaugural-address.html#comments</comments>
		<pubDate>Wed, 22 Jul 2009 12:21:09 +0000</pubDate>
		<dc:creator>munsal</dc:creator>
				<category><![CDATA[Try]]></category>
		<category><![CDATA[America's decline]]></category>
		<category><![CDATA[Barack Obama]]></category>
		<category><![CDATA[conflict]]></category>
		<category><![CDATA[discord]]></category>
		<category><![CDATA[fear]]></category>
		<category><![CDATA[God bless the United States of America]]></category>
		<category><![CDATA[hope over fear]]></category>
		<category><![CDATA[in the midst of crisis]]></category>
		<category><![CDATA[inaugural address]]></category>
		<category><![CDATA[indicators of crisis]]></category>
		<category><![CDATA[our nation is at war against a far-reaching network of violence and hatred]]></category>
		<category><![CDATA[To the Muslim world we seek a new way forward based on mutual interest and mutual respect]]></category>
		<category><![CDATA[We are a nation of Christians and Muslims]]></category>
		<category><![CDATA[we remain the most prosperous powerful nation on Earth]]></category>

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		<description><![CDATA[January 20, 2009
Transcript]]></description>
			<content:encoded><![CDATA[<p><em>January 20, 2009</em></p>
<p><em>TRANSCRIPT</em></p>
<p>Following is the transcript of President Barack Obama’s Inaugural Address, as transcribed by CQ Transcriptions:</p>
<p>PRESIDENT BARACK OBAMA: Thank you. Thank you.</p>
<p>CROWD: Obama! Obama! Obama! Obama!</p>
<p>My fellow citizens: I stand here today humbled by the task before us, grateful for the trust you have bestowed, mindful of the sacrifices borne by our ancestors.</p>
<p>I thank President Bush for his service to our nation&#8230;</p>
<p>(APPLAUSE)</p>
<p>&#8230; as well as the generosity and cooperation he has shown throughout this transition.</p>
<p>Forty-four Americans have now taken the presidential oath.</p>
<p>The words have been spoken during rising tides of prosperity and the still waters of peace. Yet, every so often the oath is taken amidst gathering clouds and raging storms. At these moments, America has carried on not simply because of the skill or vision of those in high office, but because We the People have remained faithful to the ideals of our forebears, and true to our founding documents.</p>
<p>So it has been. So it must be with this generation of Americans.</p>
<p>That we are in the midst of crisis is now well understood. Our nation is at war against a far-reaching network of violence and hatred. Our economy is badly weakened, a consequence of greed and irresponsibility on the part of some but also our collective failure to make hard choices and prepare the nation for a new age.</p>
<p>Homes have been lost, jobs shed, businesses shuttered. Our health care is too costly, our schools fail too many, and each day brings further evidence that the ways we use energy strengthen our adversaries and threaten our planet.</p>
<p>These are the indicators of crisis, subject to data and statistics. Less measurable, but no less profound, is a sapping of confidence across our land; a nagging fear that America&#8217;s decline is inevitable, that the next generation must lower its sights.</p>
<p>Today I say to you that the challenges we face are real, they are serious and they are many. They will not be met easily or in a short span of time. But know this America: They will be met.</p>
<p>(APPLAUSE)</p>
<p>On this day, we gather because we have chosen hope over fear, unity of purpose over conflict and discord.</p>
<p>On this day, we come to proclaim an end to the petty grievances and false promises, the recriminations and worn-out dogmas that for far too long have strangled our politics.</p>
<p>We remain a young nation, but in the words of Scripture, the time has come to set aside childish things. The time has come to reaffirm our enduring spirit; to choose our better history; to carry forward that precious gift, that noble idea, passed on from generation to generation: the God-given promise that all are equal, all are free, and all deserve a chance to pursue their full measure of happiness.</p>
<p>(APPLAUSE)</p>
<p>In reaffirming the greatness of our nation, we understand that greatness is never a given. It must be earned. Our journey has never been one of shortcuts or settling for less.</p>
<p>It has not been the path for the faint-hearted, for those who prefer leisure over work, or seek only the pleasures of riches and fame.</p>
<p>Rather, it has been the risk-takers, the doers, the makers of things &#8212; some celebrated, but more often men and women obscure in their labor &#8212; who have carried us up the long, rugged path towards prosperity and freedom.</p>
<p>For us, they packed up their few worldly possessions and traveled across oceans in search of a new life. For us, they toiled in sweatshops and settled the West, endured the lash of the whip and plowed the hard earth.</p>
<p>For us, they fought and died in places Concord and Gettysburg; Normandy and Khe Sanh.</p>
<p>Time and again these men and women struggled and sacrificed and worked till their hands were raw so that we might live a better life. They saw America as bigger than the sum of our individual ambitions; greater than all the differences of birth or wealth or faction.</p>
<p>This is the journey we continue today. We remain the most prosperous, powerful nation on Earth. Our workers are no less productive than when this crisis began. Our minds are no less inventive, our goods and services no less needed than they were last week or last month or last year. Our capacity remains undiminished. But our time of standing pat, of protecting narrow interests and putting off unpleasant decisions &#8212; that time has surely passed.</p>
<p>Starting today, we must pick ourselves up, dust ourselves off, and begin again the work of remaking America.</p>
<p>(APPLAUSE)</p>
<p>For everywhere we look, there is work to be done.</p>
<p>The state of our economy calls for action: bold and swift. And we will act not only to create new jobs but to lay a new foundation for growth.</p>
<p>We will build the roads and bridges, the electric grids and digital lines that feed our commerce and bind us together.</p>
<p>We will restore science to its rightful place and wield technology&#8217;s wonders to raise health care&#8217;s quality&#8230;</p>
<p>(APPLAUSE)</p>
<p>&#8230; and lower its costs.</p>
<p>We will harness the sun and the winds and the soil to fuel our cars and run our factories. And we will transform our schools and colleges and universities to meet the demands of a new age.</p>
<p>All this we can do. All this we will do.</p>
<p>Now, there are some who question the scale of our ambitions, who suggest that our system cannot tolerate too many big plans. Their memories are short, for they have forgotten what this country has already done, what free men and women can achieve when imagination is joined to common purpose and necessity to courage.</p>
<p>What the cynics fail to understand is that the ground has shifted beneath them, that the stale political arguments that have consumed us for so long, no longer apply.</p>
<p>MR. The question we ask today is not whether our government is too big or too small, but whether it works, whether it helps families find jobs at a decent wage, care they can afford, a retirement that is dignified.</p>
<p>Where the answer is yes, we intend to move forward. Where the answer is no, programs will end.</p>
<p>And those of us who manage the public&#8217;s dollars will be held to account, to spend wisely, reform bad habits, and do our business in the light of day, because only then can we restore the vital trust between a people and their government.</p>
<p>Nor is the question before us whether the market is a force for good or ill. Its power to generate wealth and expand freedom is unmatched.</p>
<p>But this crisis has reminded us that without a watchful eye, the market can spin out of control. The nation cannot prosper long when it favors only the prosperous.</p>
<p>The success of our economy has always depended not just on the size of our gross domestic product, but on the reach of our prosperity; on the ability to extend opportunity to every willing heart &#8212; not out of charity, but because it is the surest route to our common good.</p>
<p>(APPLAUSE)</p>
<p>As for our common defense, we reject as false the choice between our safety and our ideals.</p>
<p>Our founding fathers faced with perils that we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man, a charter expanded by the blood of generations.</p>
<p>Those ideals still light the world, and we will not give them up for expedience&#8217;s sake.</p>
<p>And so, to all other peoples and governments who are watching today, from the grandest capitals to the small village where my father was born: know that America is a friend of each nation and every man, woman and child who seeks a future of peace and dignity, and we are ready to lead once more.</p>
<p>(APPLAUSE)</p>
<p>Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with the sturdy alliances and enduring convictions.</p>
<p>They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use. Our security emanates from the justness of our cause; the force of our example; the tempering qualities of humility and restraint.</p>
<p>We are the keepers of this legacy, guided by these principles once more, we can meet those new threats that demand even greater effort, even greater cooperation and understanding between nations. We&#8217;ll begin to responsibly leave Iraq to its people and forge a hard- earned peace in Afghanistan.</p>
<p>With old friends and former foes, we&#8217;ll work tirelessly to lessen the nuclear threat and roll back the specter of a warming planet.</p>
<p>We will not apologize for our way of life nor will we waver in its defense.</p>
<p>And for those who seek to advance their aims by inducing terror and slaughtering innocents, we say to you now that, &#8220;Our spirit is stronger and cannot be broken. You cannot outlast us, and we will defeat you.&#8221;</p>
<p>(APPLAUSE)</p>
<p>For we know that our patchwork heritage is a strength, not a weakness.</p>
<p>We are a nation of Christians and Muslims, Jews and Hindus, and nonbelievers. We are shaped by every language and culture, drawn from every end of this Earth.</p>
<p>And because we have tasted the bitter swill of civil war and segregation and emerged from that dark chapter stronger and more united, we cannot help but believe that the old hatreds shall someday pass; that the lines of tribe shall soon dissolve; that as the world grows smaller, our common humanity shall reveal itself; and that America must play its role in ushering in a new era of peace.</p>
<p>To the Muslim world, we seek a new way forward, based on mutual interest and mutual respect.</p>
<p>To those leaders around the globe who seek to sow conflict or blame their society&#8217;s ills on the West, know that your people will judge you on what you can build, not what you destroy.</p>
<p>To those&#8230;</p>
<p>(APPLAUSE)</p>
<p>To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side of history, but that we will extend a hand if you are willing to unclench your fist.</p>
<p>(APPLAUSE)</p>
<p>To the people of poor nations, we pledge to work alongside you to make your farms flourish and let clean waters flow; to nourish starved bodies and feed hungry minds.</p>
<p>And to those nations like ours that enjoy relative plenty, we say we can no longer afford indifference to the suffering outside our borders, nor can we consume the world&#8217;s resources without regard to effect. For the world has changed, and we must change with it.</p>
<p>As we consider the road that unfolds before us, we remember with humble gratitude those brave Americans who, at this very hour, patrol far-off deserts and distant mountains. They have something to tell us, just as the fallen heroes who lie in Arlington whisper through the ages.</p>
<p>We honor them not only because they are guardians of our liberty, but because they embody the spirit of service: a willingness to find meaning in something greater than themselves.</p>
<p>And yet, at this moment, a moment that will define a generation, it is precisely this spirit that must inhabit us all.</p>
<p>For as much as government can do and must do, it is ultimately the faith and determination of the American people upon which this nation relies.</p>
<p>It is the kindness to take in a stranger when the levees break; the selflessness of workers who would rather cut their hours than see a friend lose their job which sees us through our darkest hours.</p>
<p>It is the firefighter&#8217;s courage to storm a stairway filled with smoke, but also a parent&#8217;s willingness to nurture a child, that finally decides our fate.</p>
<p>Our challenges may be new, the instruments with which we meet them may be new, but those values upon which our success depends, honesty and hard work, courage and fair play, tolerance and curiosity, loyalty and patriotism &#8212; these things are old.</p>
<p>These things are true. They have been the quiet force of progress throughout our history.</p>
<p>What is demanded then is a return to these truths. What is required of us now is a new era of responsibility &#8212; a recognition, on the part of every American, that we have duties to ourselves, our nation and the world, duties that we do not grudgingly accept but rather seize gladly, firm in the knowledge that there is nothing so satisfying to the spirit, so defining of our character than giving our all to a difficult task.</p>
<p>This is the price and the promise of citizenship.</p>
<p>This is the source of our confidence: the knowledge that God calls on us to shape an uncertain destiny.</p>
<p>This is the meaning of our liberty and our creed, why men and women and children of every race and every faith can join in celebration across this magnificent mall. And why a man whose father less than 60 years ago might not have been served at a local restaurant can now stand before you to take a most sacred oath.</p>
<p>(APPLAUSE)</p>
<p>So let us mark this day in remembrance of who we are and how far we have traveled.</p>
<p>In the year of America&#8217;s birth, in the coldest of months, a small band of patriots huddled by dying campfires on the shores of an icy river.</p>
<p>The capital was abandoned. The enemy was advancing. The snow was stained with blood.</p>
<p>At a moment when the outcome of our revolution was most in doubt, the father of our nation ordered these words be read to the people:</p>
<p>&#8220;Let it be told to the future world that in the depth of winter, when nothing but hope and virtue could survive, that the city and the country, alarmed at one common danger, came forth to meet it.&#8221;</p>
<p>America, in the face of our common dangers, in this winter of our hardship, let us remember these timeless words; with hope and virtue, let us brave once more the icy currents, and endure what storms may come; let it be said by our children&#8217;s children that when we were tested we refused to let this journey end, that we did not turn back nor did we falter; and with eyes fixed on the horizon and God&#8217;s grace upon us, we carried forth that great gift of freedom and delivered it safely to future generations.</p>
<p>Thank you. God bless you.</p>
<p>(APPLAUSE)</p>
<p>And God bless the United States of America.</p>
<p>(APPLAUSE)</p>
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		</item>
		<item>
		<title>Of New Princedoms Acquired by the Aid of Others and by Good Fortune</title>
		<link>http://www.merveunsal.com/try/the-prince-8.html</link>
		<comments>http://www.merveunsal.com/try/the-prince-8.html#comments</comments>
		<pubDate>Sat, 18 Jul 2009 19:10:46 +0000</pubDate>
		<dc:creator>munsal</dc:creator>
				<category><![CDATA[Try]]></category>
		<category><![CDATA[fear]]></category>
		<category><![CDATA[Niccolo Machiavelli]]></category>
		<category><![CDATA[The barbarity of which spectacle at once astounded and satisfied the populace]]></category>
		<category><![CDATA[the Prince]]></category>

		<guid isPermaLink="false">http://www.merveunsal.com/try/?p=135</guid>
		<description><![CDATA[Niccolo Machiavelli
1513
Chapter VII]]></description>
			<content:encoded><![CDATA[<p><em>The Prince</em></p>
<p><em>1513</em></p>
<p><em>Niccolo Machiavelli</em></p>
<p>[...] </p>
<p>Such Princes are wholly dependent on the favour and fortunes of those who have made them great, than which supports none could be less stable or secure; and they lack both the knowledge and the power that would enable them to maintain their position. They lack the knowledge, because unless they have great parts and force of character, it is not to be expected that having always lived in a private station they should have learned how to command. They lack the power, since they cannot look for support from attached and faithful troops. </p>
<p>[...]</p>
<p>For, as I have already said, he who does not lay his foundations at first, may, if he be of great parts, succeed in laying them afterwards, though with inconvenience to the builder and risk to the building. </p>
<p>[...] </p>
<p>take from him what he had gained, and that the King might serve him the same turn. </p>
<p>[...] </p>
<p>The barbarity of which spectacle at once astounded and satisfied the populace. </p>
<p>[...]</p>
<p>for fear is as dangerous an enemy as resentment.</p>
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		<title>86 Charged in Turkey Coup Plot</title>
		<link>http://www.merveunsal.com/try/86-charged-in-turkey-coup-plot.html</link>
		<comments>http://www.merveunsal.com/try/86-charged-in-turkey-coup-plot.html#comments</comments>
		<pubDate>Mon, 13 Jul 2009 16:14:41 +0000</pubDate>
		<dc:creator>munsal</dc:creator>
				<category><![CDATA[Try]]></category>
		<category><![CDATA[86 people]]></category>
		<category><![CDATA[AKP]]></category>
		<category><![CDATA[democracy]]></category>
		<category><![CDATA[Ergenekon]]></category>
		<category><![CDATA[fear]]></category>
		<category><![CDATA[forced from their beds]]></category>
		<category><![CDATA[freedom of speech]]></category>
		<category><![CDATA[illegal organizations]]></category>
		<category><![CDATA[illegal ultranationalist organization]]></category>
		<category><![CDATA[imprisonment]]></category>
		<category><![CDATA[Interrogation]]></category>
		<category><![CDATA[intimidation]]></category>
		<category><![CDATA[investigations]]></category>
		<category><![CDATA[Islamic-oriented conservatism]]></category>
		<category><![CDATA[legal boundaries]]></category>
		<category><![CDATA[national security]]></category>
		<category><![CDATA[Nazim Hikmet]]></category>
		<category><![CDATA[New York Times]]></category>
		<category><![CDATA[power struggle]]></category>
		<category><![CDATA[protecting national security]]></category>
		<category><![CDATA[protecting the democracy]]></category>
		<category><![CDATA[protection]]></category>
		<category><![CDATA[Recep Tayyip Erdogan]]></category>
		<category><![CDATA[strong nationalist overtones]]></category>
		<category><![CDATA[struggle toward democracy]]></category>
		<category><![CDATA[the coup indictments]]></category>
		<category><![CDATA[Turkey]]></category>
		<category><![CDATA[Turkey Coup Plot]]></category>
		<category><![CDATA[Turkish government]]></category>

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		<description><![CDATA[July 15, 2008
Sebnem Arsu
New York Times]]></description>
			<content:encoded><![CDATA[<p><em>July 15, 2008</em></p>
<p><em>Sebnem Arsu</em></p>
<p><em>New York Times</em></p>
<p>ISTANBUL — Eighty-six people, including writers, members of civil organizations and former military officers, were charged Monday with membership in an illegal ultranationalist organization and of plotting to overthrow the Turkish government.</p>
<p>Speaking at a televised news conference, the Istanbul chief prosecutor, Aykut Cengiz Engin, refused to give details of the case against the ultranationalist and hard-line secular organization, known as Ergenekon, because the case had not yet been formally accepted by the court.</p>
<p>But he said the suspects, 48 of them in police custody and the others free while awaiting trial, were charged with forming, managing and aiding the organization, which is accused of plotting a coup against the Islamic-rooted, governing Justice and Development Party, or AKP.</p>
<p>The 2,455-page indictment is widely perceived in Turkey as being part of a power struggle between the secular establishment, including parts of the military, and the democratically elected and religiously conservative government.</p>
<p>In another case currently before Turkey’s highest court, AKP and its leadership are charged with introducing religion into government and violating the secular principles on which the Turkish state was founded. Prosecutors seek to disband the party.</p>
<p>The possible coup emerged when a cache of weapons, explosives and illegal documents was found in the home of an ultranationalist retired military officer during a security operation 13 months ago.</p>
<p>Since then, several police investigations have provided information that the Ergenekon group — the name is a reference to a central Asian Turkic legend with strong nationalist overtones — had also been involved in an armed attack on a senior state court in 2006, as well as the 2007 bombing of Cumhuriyet, a left-wing newspaper in Istanbul. Both attacks were included in the charges announced Monday.</p>
<p>A security operation this month led to the arrests of other suspects, including two high-ranking retired generals. These suspects were not included in the indictment on Monday, but will be added in a separate filing, Mr. Engin said.</p>
<p>Military prosecutors have also begun an investigation into the charges against the two retired generals, Sener Eruygur and Hursit Tolon, a private news station, NTV, reported Monday. Military prosecutors demanded copies of evidence that security forces had collected from the former generals’ personal premises, NTV said.</p>
<p>The arrest of the two former generals has stirred controversy in a nation where the military has traditionally seen its role as protecting the secular state.</p>
<p>The military strongly denies any links with the Ergenekon network. It reasserts its loyalty to the secular Turkish Republic in occasional public statements.</p>
<p>Secularists remain suspicious of the governing party, which grew out of previous pro-Islamic parties. Some warn that the government’s policies will lead to Islamic-oriented conservatism.</p>
<p>Opposition parties have heavily criticized the government for appointing religious candidates to critical state positions during its almost seven years in power.</p>
<p>The coup investigation has coincided with the case against the ruling party at the Constitutional Court, where hearings have been held this month.</p>
<p>The timing of the coup indictments, as well as the harshness with which some suspects were forced from their beds after midnight for interrogation, was seen by some Turks as an effort by pro-government prosecutors to intimidate secularists.</p>
<p>Since the founding of the republic in 1923, military coups have removed elected governments from power three times. In 1997, the military also pressured an Islamic-leaning government to step down.</p>
<p>There is widespread concern in some circles that closing down the ruling party, which won more than 45 percent of the vote in the general election last year, might destabilize the nation’s economy and damage reforms aimed at leading the country into the European Union.</p>
<p>Bekir Bozdag, a senior AKP official, strongly denied any links between the government and the continuing investigation into the Ergenekon network.</p>
<p>“These are statements by those that merely aim at diverting the subject,” Mr. Bozdag was quoted as saying by the semiofficial Anatolian news agency. “Government cannot direct an investigation; it doesn’t have an authority like that.”</p>
<p>Some on the left see the cases as reflecting Turkey’s struggle toward democracy.</p>
<p>“Circles that do not trust their political power to fight against the threat of fundamentalism on a democratic platform look up to the military, as antidemocratic as their ways are,” said Mithat Sancar, a law professor at Ankara University.</p>
<p>“Therefore both the closure case and the Ergenekon indictment are not about whether you support AKP or elitist military, but about whether you support a law state and better democracy in Turkey,” he said.</p>
<p>In a separate investigation, into the armed attack on the United States Consulate last week that killed six people, Turkish authorities arrested but released Cebrail Kocanarslan, who they said had driven the gunmen to the consulate and then fled in the same car, NTV reported.</p>
<p>Mr. Kocanarslan still faces charges and will stand trial, the report said.</p>
<p>An Istanbul court formally charged one suspect late Sunday with belonging to an illegal organization.</p>
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		<title>Undoing the Damage</title>
		<link>http://www.merveunsal.com/try/undoing-the-damage.html</link>
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		<pubDate>Sun, 12 Jul 2009 18:33:59 +0000</pubDate>
		<dc:creator>munsal</dc:creator>
				<category><![CDATA[Try]]></category>
		<category><![CDATA[American justice]]></category>
		<category><![CDATA[broken system]]></category>
		<category><![CDATA[campaign of fear]]></category>
		<category><![CDATA[civilian law]]></category>
		<category><![CDATA[classified evidence]]></category>
		<category><![CDATA[coercion]]></category>
		<category><![CDATA[degrading]]></category>
		<category><![CDATA[evidence]]></category>
		<category><![CDATA[evidence given voluntarily]]></category>
		<category><![CDATA[fear]]></category>
		<category><![CDATA[Geneva Conventions]]></category>
		<category><![CDATA[George W. Bush]]></category>
		<category><![CDATA[Gitmo]]></category>
		<category><![CDATA[government lawyers]]></category>
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		<category><![CDATA[inhumane]]></category>
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		<category><![CDATA[national security]]></category>
		<category><![CDATA[New York Times]]></category>
		<category><![CDATA[political expediency]]></category>
		<category><![CDATA[prisoners]]></category>
		<category><![CDATA[protecting national security]]></category>
		<category><![CDATA[the nation's global image]]></category>
		<category><![CDATA[the rule of law]]></category>
		<category><![CDATA[torture]]></category>
		<category><![CDATA[unlawful enemy combatant]]></category>

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		<description><![CDATA[July 12, 2009
EDITORIAL
New York Times ]]></description>
			<content:encoded><![CDATA[<p><em>July 12, 2009</em></p>
<p><em>EDITORIAL</em></p>
<p><em>New York Times </em></p>
<p>Nearly three years after Congress created the military commissions at Guantánamo Bay, lawmakers and the Obama administration are working to undo the grievous damage to the Constitution, American justice and the nation’s global image. Senator Carl Levin, the chairman of the Senate Armed Services Committee, has produced a good first draft of a new military tribunals law that was approved unanimously by his committee.</p>
<p> Mr. Levin showed courage taking on an issue long tainted by George W. Bush’s campaign of fear. And he set a standard all Americans can understand: Military tribunals must not subject prisoners to anything that Americans would not accept if the trials were in another country and a United States citizen was in the dock.</p>
<p> After years of watching government lawyers undermine the rule of law, it has been especially gratifying to see President Obama’s lawyers urging senators to do even more to create a system that will fairly try prisoners and no longer shame Americans.</p>
<p> At a hearing last week, Defense and Justice Department lawyers suggested major improvements in the Levin bill, which seeks to replace the 2006 Military Commissions Act. Most important, they said tribunals may not violate the Constitution’s due process requirements.</p>
<p> There are still significant problems with the Levin bill. But it is a huge improvement over the kangaroo courts created to guarantee guilty verdicts against anyone Mr. Bush declared an unlawful enemy combatant.</p>
<p> The new bill, which has the backing of two key Republican senators, John McCain and Lindsey Graham, embraces the basic principles of American justice and the Geneva Conventions in vital ways. It begins to restore the distinction between military offenses committed on an actual battlefield, which can be judged by a military tribunal, and crimes properly handled by civilian courts. The bill also:</p>
<p> Gives defendants in tribunals more access to evidence, including classified evidence, relying on tested procedures used to protect national security.</p>
<p>Bars the use of evidence obtained through torture and cruel, inhumane and degrading treatment.</p>
<p>Gives lawyers on both sides more independence.</p>
<p>Puts the burden on prosecutors to justify the introduction of hearsay evidence, rather than compelling the defendant to prove that such evidence is unreliable.</p>
<p>These are all essential improvements for a deeply rotten system, but they are not enough.</p>
<p>In testimony last week, Jeh Johnson, legal counsel for the Defense Department, and David Kris, an assistant attorney general, urged the Senate to remove a clause that makes “material support” for hostilities against the United States a crime that can be tried in a military tribunal.</p>
<p>Mr. Kris said that is not likely to withstand judicial scrutiny, since it is a civilian crime, not a violation of the laws of war. Charges of material support — which could include writing a check to an organization that turns out to be linked to terrorist groups — are hard to define and can be unwitting or coerced.</p>
<p>While barring the use of evidence obtained by coercion, the bill is too vague in defining cruel, inhuman and degrading treatment — a concept twisted beyond recognition by Mr. Bush’s lawyers. Mr. Kris and Mr. Johnson said the law should permit only evidence given voluntarily, and define what that means in a military setting.</p>
<p>The administration lawyers also wisely suggested a “sunset” provision, which would require Congress to consider whether to continue tribunals after the legal nightmare Mr. Bush created is cleaned up.</p>
<p>The bill does not adequately address important concerns raised by the military lawyers defending Guantánamo inmates. The head of that group wrote to the Justice Department on June 9 saying that the current law requires only that defendants, even in capital cases, get a “reasonable opportunity” and money to find witnesses and retain outside experts, counsel and interpreters. They said any new law should meet the standards of military law (defense resources are equal to the prosecution’s) or civilian law (defendants get resources “necessary for adequate representation”).</p>
<p>Senator Levin acknowledged that shortcoming and promised to fix it. We hope he will display the same openness about other needed changes.</p>
<p>We welcome the Obama administration’s fierce defense of the law and its efforts to fix the military tribunals. But we are puzzled by its failure to make public a document vital to the effort. In May, according to news reports, the Justice Department laid out the constitutional requirements for a proper detainee policy, including military tribunals. It is irresponsible to have Congress consider this new bill without that document.</p>
<p>The White House and the Congressional leadership must do all they can to fix a shamefully broken system. We fear that some senators who voted for the Levin measure in committee are already weakening. Republican opponents are certain to revive the false charge that respecting the Constitution means coddling terrorists.</p>
<p>Since the 9/11 attacks, this country’s political leaders have too often chosen fear and political expediency over principle. That must not happen again.</p>
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