Goldsmith on Bridging the US-European Divide on Terror
Jack Goldsmith had this op-ed in yesterday’s FT, in which he argues a convergence on anti-terror thinking among Americans and Europeans. The Europeans, on the one hand, appear now to understand that ordinary criminal processes won’t do the trick, where the US is coming to understand that anti-terror practices will be subject to law. Here’s the money graf:
These developments reflect a recognition on both sides of the Atlantic that the pre-9/11 trade-off between liberty and security must be adjusted to reflect the novel dangers posed by terrorism. They also reflect the belief that this adjustment must be embedded in durable institutions that uphold western conceptions of justice. How far this convergence goes will depend on many unknowns, including the location and scope of the next terror attack. But it is wrong to think of the gap as unbridgeable. Quietly, almost unnoticed, the blueprint for the bridge is coming into focus. For the sake of transatlantic collective security, our politicians should recognise this fact and succour it. Exaggerating these differences for political reasons will only undermine the joint fight.