In another case of gross disregard for due process, a senior leader of
Hezbollah was blown apart on a Damascus street last week without even a
by-your-leave, let alone being read his Miranda rights.
Imad Mughniyeh's dossier may have been extensive, but he never got his day
in court. Indeed, he seems to have done everything he could to avoid it.
It's said he was unrecognizable even before last week's blast, having
undergone plastic surgery more than once in order to avoid the kind of
unpleasantness that finally did him in.
The notorious Mr. Mughniyeh met his end in K'far Soussa, a fashionable
Damascus neighborhood, where he was said to have been visiting Iranian
friends. (Syria is notably hospitable to foreigners, at least if they're
supporting terrorists.)
From a humble peasant background, Imad Mughniyeh had risen to the top
echelon of Hezbollah by dint of devoted service. His resume, aka rap sheet,
goes back at least to 1983 and the bombing of the Marine barracks in Beirut,
which killed more than 300. He's also been credited with the murder of 63
the same year in an attack on the American embassy there.
Imad Mughniyeh is said - mere hearsay again! - to have been behind the
hijacking of a TWA jetliner that went on for 17 days and included the
beating, torture and eventual murder of Petty Officer Robert Dean Stethem,
U.S.N., who was singled out for special treatment. (At the time, Americans
swore we would never forget him, but of course we pretty much did. Just as
the memory of September 11, 2001, grows dim in the American memory, and
those who recall it in this election year are dismissed as, yes,
fearmongers.)
Space, and the shadowy nature of a career in terrorism, a crowded field
these days, does not permit a comprehensive review of the exploits
attributed to the sanguinary Mr. Mughniyeh, or a full account of the blood
debt he ran up. Suffice it to say that more than one intelligence agency had
a powerful incentive to collect it.
As head of Islamic Jihad in Lebanon during the chaotic 1980s, the tireless
Mr. Mughniyeh supervised the kidnapping of dozens of Americans and other
Westerners for ransom. But a man's got to make a living, doesn't he?
By the 1990s, Imad Mughniyeh was actually indicted - in Argentina of all
places. He was charged with the bombing of a Jewish community center in
Buenos Aires, which killed 85, and was named in an arrest warrant in
connection with an earlier blast at the Israeli embassy there. His
connections to both were so clear that even Argentina's lax authorities
finally had to take notice. (Gentle Reader may recall that always simpatico
Buenos Aires was the sometime home of a mild-mannered genocidist named Adolf
Eichmann before he was extradited to Israel with shocking disregard for the
formalities.)
The FBI almost caught up with the elusive Mr. Mughniyeh in 1995 during a
scheduled layover of a Middle East Airlines flight in Saudi Arabia, but our
ever helpful Saudi friends, with their well-known regard for civil
liberties, waved the plane on. Again and again, the long arm of the law
proved remarkably short in the case of Imad Mughniyeh. Not till last week
did he who lived by the car bomb die by it.
But what solid evidence was there against the much sought-after Mr.
Mughniyeh except a raft of investigations around the world, maybe a trial in
absentia or two, and common knowledge?
As an Arkansas legislator of my acquaintance likes to tell people who say
they've heard so much about him, "They never proved those charges!"
On the basis of apparently only coincidental if convincing evidence, the
secretive Mr. Mughniyeh's nice car now has been reduced to a smudge on the
asphalt of a fashionable Damascus street - without even a preliminary
hearing, a writ of habeas corpus, or a FISA warrant. Where is the ACLU when
you need it?
The sudden, not to say explosive demise of Mr. Mughniyeh is part of a
disturbing pattern: Start by blowing up notorious terrorists and soon you'll
be tapping their phone conversations without a warrant.
Just imagine what might have happened to this innocent (until proven guilty)
subject if he had come into American custody. Why, he might have been
waterboarded!
Oh, the horror. Look what happened when Khalid Sheikh Mohammed, now formally
accused of having been the driving force behind the attacks of September
11th, was subjected to this watery treatment. Word is it took only 45
seconds or so before the previously recalcitrant terrorist decided it would
be the better course of valor to reveal al-Qaida's table of organization in
Europe, information that may have spared who knows how many lives.
But what are mere lives compared to the polemics of pundits, politicians and
other such purists? Waterboarding, they have concluded, is torture, and
torture is illegal, ergo waterboarding was, is and always will be illegal.
No need for a court actually to rule. Yet this stubborn administration
refuses to forswear its theoretical use in the always unforeseeable future,
as if circumstances might still alter cases.
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