And now for a completely different take on recent mouthing-offs by Chris Patten, Hubert Vedrine, Joschka Fischer et al. These thoughts were prompted in part by a “Le Sofa Blog” commentary I threatened to write about a week ago or so. That commentary, by the estimable Peter Praschl, was a puzzled-to-ticked-off review of a Jane Kramer article in the New Yorker, “Private Lives: Germany’s troubled war on terrorism.”
As perhaps befits a “Letter from Europe,” Ms. Kramer’s article meanders here, dallies there, stops at a bar to look at a poster and share a beer with Otto Schily (German justice minister), sprays conclusions with a “we’re no different” protective coating, and is generally hard to pin down to a single theme or definite insight. Mr. Praschl, understandably vexed with a wordy article that has trouble coming to a point, writes “what on earth does she want,” and focuses on her discussion of “Rasterfahndung” (roughly, “array dragnet”: computer profiling/database mining for criminal investigative purposes), which he finds wanting; he concludes “9/11 has apparently also wrecked a mind that used to be reliable.” That was so harsh I had to take a look for myself. It took me several re-readings to come to a somewhat different conclusion: Kramer has written two or three good articles disguised as a single unwieldy one (something I often seem to aspire to as well).
Kramer uses 8 Prinz Albrecht Strasse, and a permanent exhibit now housed at the site (Topography of Terror), as her essay’s touchstone. The address is infamous in German history: Gestapo headquarters, Berlin, 1933-1945. But Kramer sees how it is used differently today: as an explanation, if not excuse for an ineffective German police and intelligence response to 9/11. She is told frequently that it’s German history that works against effectively streamlining and centralizing Germany’s criminal investigative apparatus. Yet it’s also true that when faced with a direct, if relatively small threat to its own survival — the Baader-Meinhof or Red Army Fraction gang of the 1970s — German government and society wasted little time in going after these terrorists (with a grand total of a “close to” a dozen casualties to their discredit) hammer and tongs. In fact, computer profiling and many other antiterrorist measures now in use against Al Qaeda — however fitfully — saw their genesis in this first Bundesrepublik war on terror. In the end, the republic survived, democracy survived, the gang did not: so far, so good in the German democratic experiment.
It’s hard not to honor the impulse to say “never again” when faced with the documentary evidence of the Gestapo’s absolute powers and hideous abuses. Yet the Gestapo did not arise in a vacuum, much less in a nation with fifty years worth of democracy under its belt. Kramer wastes a good deal of time on a concept of “Transparenz”, which is ostensibly Germany’s guiding “sunshine law”ish principle that all government processes should be transparent and open. To me, Germany’s guiding democratic principle can simply be summed up as “never again.” Like anything else, though, this is a principle that can be taken to extremes. That train wreck of a confidence vote following Schroeder’s pledge of troops to Operation Enduring Freedom; later opposition (including Schroeder’s Green coalition partners) to Justice Minister Otto Schily’s domestic anti-terror package both have their political origins in “never again”: anything that merely arguably smacks of the Third Reich galvanizes righteous opposition.
It’s as if Germany has never legitimately needed to defend itself. Smack head. It never has needed to defend itself, barring that semi-ridiculous confrontation with RAF terrorists who obligingly starved themselves to death or committed suicide. Smack head a second time. Germany may still not need to defend itself. As Jane Kramer writes,
…one reason Germans do not have foreign terrorism in their cities is that the terrorists passing through on their student visas and business visas have not been willing to risk that protection by blowing up something here. [...]
“…Germany stopped taking a lot of serious things seriously [the day the Wall fell]. Not just militant fundamentalism but things connected to militant fundamentalism, like the proliferation of nuclear or biological weapons in the Muslim world. “Germany felt peaceful and secure,” [Tagesspiegel editor Robert von Rimscha] told me. “It was the end of history. We didn’t feel the obligation to monitor. We didn’t have embassy bombings. We didn’t have the U.S.S. Cole. Why turn ourselves into a target?”
With that, this American’s feelings gelled that we’re simply not in the same boat with the Europeans. In the game we’re playing today, it’s arguably good to be the weakest link, and it’s bad to make the link stronger. What incentive could Bin Laden, Hussein, or their ilk possibly have for attacking a European target? Many Europeans are busily arguing Al Qaeda’s case from Camp X-Ray to Kandahar, paying Hussein “how do you do” visits in Iraq, propping up Arafat in the West Bank, and generally triangulating away from the United States like mad. But mad isn’t the word for it, simple self-interest is, the more so since Muslim minorities have become significant voting blocs in their own right in countries across Europe.
…so we won’t be rowing together?
This is arguably the underlying point of Kramer’s article, but that’s not to say that craven self-interest is the only political impulse among Europeans. Schroeder’s own prompt “unconditional solidarity” statement seems heartfelt to me; Joschka Fischer’s outburst is likely best understood as tacking back to the left in advance of a make-or-break election for him and his Green Party and is at least balanced by his solidarity — at some cost to himself and his party — with Americans in the aftermath of 9/11. Great numbers of average Europeans instinctively, I think (or hope), see a common cause with the United States from a shared history reaching back hundreds of years, and from a common democratic and cultural outlook. But such sentiments will contend with simple calculations of safety, which may conspire to undo or stall reforms such as overhauling Germany’s banking secrecy regulations. Of these Kramer writes,
..the German banking system is so archaic that no one besides the bankers has that intelligence to give. Banking was only minimally covered in Schily’s anti-terrorism packages, and foreign police are astounded to learn that a German policeman or intelligence agent trying to trace money or identify a suspect’s accounts still has to submit a request to every one of the country’s three thousand banks—a procedure that is unlikely to inspire much efficiency, let alone much interest, in your average investigator. A lawyer who covers money-laundering issues for the Association of German Banks told me that, with four hundred million bank accounts in the country, there was simply no available technology for constructing a central computerized data base, but his argument—which is the argument of most German bankers—seems a little ingenuous in a world where computers are tracking the universe and describing the human genome.
Likewise, even Der Spiegel recently published an article (”Investigators are getting lost in a data mess”) betraying some impatience with the slow progress of “Rasterfahndung” work and noting,
Following three verdicts in different states which strongly curtailed computer profiling of so-called “sleepers”, the whole data collection effort is becoming ever more of a farce. [...]
A run-of-the-mill computer sits in a locked room [in Berlin] with sensitive data on its hard disk: tens of thousands of personal record extracts from the population bureau [Landeseinwohneramt], Berlin utilities, the three universities, or the airport authority. Investigators at the State Security Department aren’t currently allowed to use them, because the Berlin District Court [Amtsgericht] declared computer profiling in Berlin to be over for the time being. The reason: there was no “present danger” that justified the extensive data matching effort. [...]
The decisions may apply to just three German states, but the work of other state agencies is stalled by the verdicts. This is due to one trait in particular that all three terror pilots studying in Germany shared: high mobility. They may have lived in Hamburg, but they traveled throughout the republic. That’s just why data was to be exchanged between states for computer profiling purposes. … The verdict of the district court has made [interstate data inquiries to the city/state of Berlin] useless, because the data are under lock and key.
Reasonable people can differ about the efficacy of computer profiling, or the protocols to follow in implementing the tactic. But what seems to be happening in Germany is a piecemeal, state by state “policy” that defeats the freely made national choice to pursue terrorists with the tools at hand. The question is whether such national choices will be allowed to die with a whimper, or whether they will be pressed with new legislation that can withstand court challenges.
Recently I noticed German columnist Josef Joffe’s main argument why the United States would still need to work with its militarily undersized European partners in the fight against terror: all the nonmilitary details of investigation, sanctions, surveillance, and intelligence. If it turns out the Germans and Europeans aren’t much good at those either, the United States is left with little but military and U.S. homeland defense alternatives in its self-defense, and with little but “ethics commission” use for European voices. The incentives for Germans and Europeans to improve and streamline their intelligence and crime-fighting services are nowhere near as strong as they are in the United States. In Germany, at least, this may combine with the useful slogan of “never again” to slow the pace of improvement to a crawl.
Americans and Europeans aren’t in the same boat in this new war, so we won’t be rowing together. It would be nice if we were at least rowing in the same general direction; but that is as much in European hands as it is in American ones. Americans might acknowledge that we’ve seen some real solidarity and meaningful help across the pond. We might do well to think how to encourage more, since the more help we get from Europe (and elsewhere), the less draconian our own homeland security may have to be, and the fewer bludgeoning wars we may have to fight. Europeans might acknowledge, for their part, that “minutes of silence”, Keystone Kop criminal investigations, and puny military contributions to a deadly fight don’t entitle them to an honored seat at the table in the conduct of this war, or the undying gratitude of the American people. In other words, it will be up to Europeans to calculate whether they’ve already done as much as they’re comfortable doing for their transatlantic brethren, or whether more demanding sacrifices are in order.