Kate writes in, Steyn agrees with me and Dershowitz rocks the Casbah

Samizdata reader Kate Redmond wrote in pointing out that view similar to mine regarding the dismal Taliban member John Walker are appearing beyond blogland. Kate writes

I have finally started to see some vaguely similar sentiments in the mainstream press. I don’t know if you saw this article by Mark Steyn this
week:

I’m not in favour of trying him for treason: Alan Dershowitz and the other high-rent lawyers are already salivating over the possibility of a two-year circus with attendant book deals and TV movies. But there is another way: on page four of John Walker’s US passport, it states that any American who enlists in a foreign army automatically loses his citizenship. Mr Walker wants to be Abdul Hamid: Mr Bush should honour his wishes. Let us leave him to the Northern Alliance and let his San Francisco fancypants lawyers petition to appear before the Kabul bar, if there is one. It would, surely, be grossly discriminatory to subject Mr Hamid to non-Islamic justice.

Actually, what it says in my U.S. passport is that,

Under certain circumstances, you may lose your U.S. citizenship by performing, voluntarily and with the intention to relinquish U.S. citizenship, any of the following acts: […] (3) serving in the armed forces of a foreign state

So, I guess the crux of the matter for Steyn’s argument is whether Walker intended to renounce his citizenship. I’m not certain that it’s not possible to serve in a foreign army without losing one’s citizenship. I believe I’ve heard of American citizens who have served in the Israeli army and I know Swiss-U.S. dual citizens who almost certainly do their mandatory Swiss military service.

Similarly many US citizens served with the British military prior to America’s entry into WWII, notably the pilots who flew for the RAF during the Battle of Britain. There were also US ‘Internationals’ with the Croatian HV and HVO during the recent Balkan Wars and certainly the State Department never made any attempt to go after them. I think the ‘certain circumstances’ quoted above is intentional legal wiggle room, thus it very much depends on exactly whose military you have joined. Joining the French Legion Étranger is not likely to get people hopping up and down (though in reality most US members of the LÉ claim to be ‘Canadian’) but signing on for a jaunt with North Korea, toting a Kalashnokov with the Cubans or becoming Abdul Hamid and joining the Taliban is a rather different matter.

I must say the prospect of the likes of Alan Dershowitz turning John Walker into some cause célèbre is quite an unpleasant thought and I love Mark Steyn’s suggestion on that matter. On the contention that anything that thwarts Alan Dershowitz must surely be in the national interest, Walker should loose his citizenship on that basis alone.