Pirates and Enemies vs. Our Professorial President
In reading this account, I do not have the benefit of the full decisions, but I did go back to read the provisions of the Criminal Code that should be relevant to the matter of the charged Somali pirates. I set them out below. The materials quoted make reference to section § 1651 which tracks the constitutional authorization given to Congress, which under Article I has the power “To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations.” Reading that section, however does not seem to exhaust the scope of criminality for which punishment could be authorized. It would be odd in the extreme if the Constitutional provision were read in such a fashion to make it impossible to declare attempted piracy a crime, when attempted murder surely is a crime. And so too with making criminal aiding and abetting, or conspiracy to commit piracy and the like. Indeed, a further look at the code contains section 1653, which makes “cruising against the vessels and property” of the United States a crime, and if so, it is odd, to say the least that criminal charges were not put forward on those grounds in this case, or if put forward did not prevail. “Cruising around” seems to describe the behavior of these pirates to a tee.
The larger question in one sense, however, is whether the only sanctions that can be brought against pirates are those of the criminal law. I am no expert on the subject, but my understanding is similar to John’s, which is that pirates can be rooted out at any time and any place that they can be caught. They are regarded as universal outlaws who enjoy the protection of no sovereign. The United States is not bound to so treat them, but may. The question is whether that course of conduct is wise, which it may well be given the havoc that these pirates wreak in the shipping lanes.
That I have little confidence in my own judgment about what should have been done is neither here nor there. That I have little confidence in the judgment of President Obama is much more of a concern. The problem is simple. He cannot be the reflective philosopher sitting on top of some distant tree and the President of the United States at the same time. He has to think of American interests first, and not act as an advocate of the enemies of this nation. All this is not to say that he, or any other president should ignore arguments that others could make against the United States. It is that in making his calculations, he cannot think of himself as a detached and disinterested observer. That is a job for professors like myself. As against enemies of the United States, and indeed all civilized peoples, he should use all his lawful powers to the maximum and not make excuses for those who do not deserve benefit of the doubt.
§ 1651. Piracy under law of nations
Whoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life.
§ 1653. Aliens as pirates
Whoever, being a citizen or subject of any foreign state, is found and taken on the sea making war upon the United States, or cruising against the vessels and property thereof, or of the citizens of the same, contrary to the provisions of any treaty existing between the United States and the state of which the offender is a citizen or subject, when by such treaty such acts are declared to be piracy, is a pirate, and shall be imprisoned for life.
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Jul '10
Re: Pirates and Enemies vs. Our Professorial President
It's not as easy to tell who's a pirate anymore.
Time was, they all wore bandanna's knotted on their heads, but now they go in for sideways baseball hats and Chicago Bulls sweatshirts, making them indistinguishable from Obama voters.
Jun '10
Re: Pirates and Enemies vs. Our Professorial President
Kenneth: It's not as easy to tell who's a pirate anymore.
Time was, they all wore bandanna's knotted on their heads, but now they go in for sideways baseball hats and Chicago Bulls sweatshirts, making them indistinguishable from Obama voters. · Aug 22 at 1:10pm
I'd say making them indistinguishable from Obama. Betcha two years after he's out of office the Big O has dredlocks, a shoulder tat, and he's sporting at least one earring, and when he goes to the disco at night a fashionable eye-patch accentede by Jimmy Chou designer boots. He'll look better than Kiera Knightly, for cryin' out loud.
Aug '10
Re: Pirates and Enemies vs. Our Professorial President
Richard Epstein: ...Indeed, a further look at the code contains section 1653, which makes “cruising against the vessels and property” of the United States a crime, and if so, it is odd, to say the least that criminal charges were not put forward on those grounds in this case, or if put forward did not prevail. “Cruising around” seems to describe the behavior of these pirates to a tee.
When I got to that last sentence, I just burst out laughing.
Plenty of professors go out of their way to be funny, but Professor Epstein is funny simply by telling the truth.
Jun '10
Re: Pirates and Enemies vs. Our Professorial President
To an uneducated lackey like myself, it takes some kind of contortionist logic to say a person is not guilty because they failed in their attempt to commit a crime. Nothing political here folks...move along please.
May '10
Re: Pirates and Enemies vs. Our Professorial President
Well said.
Jul '10
Re: Pirates and Enemies vs. Our Professorial President
Obama's entire administration seems fraught with the unwillingness to take absolute stands on issues that required guts. I am no fan of George W. But when the time came to act, he did. These "pirates" are doing what they are doing because they perceive that America is a paper tiger. They are typical bullies. A rapid and decisive response to their behavior would likely end their depredations. When they attack a ship with firearms they deserve an immediate and overwhelming response of the shock and awe variety. I feel certain that two or three parties treated such would end the problem. Unfortunately, our gutless demagogue is not up for attacking anyone but George W. Bush.
Jul '10
Re: Pirates and Enemies vs. Our Professorial President
I think the judge was right.
I frequently go fishing with an AK-47 and rocket-propelled grenades and I would hate to be wrongfully-accused of piracy.