Categories
Iraq National Security Politics The Opinionsphere The War on Terrorism

Censoring the Truth About the Crusader Prince?

[digg-reddit-me]Scott Horton apparently reported on several declarations filed in Federal Court in Eastern Virginia that included explosive allegations regarding the military contractor Blackwater and its owner Erik Prince. Andrew Sullivan linked to him – but between Sullivan’s linking and my clicking on Sullivan’s link, the article was taken down. A search of The Daily Beast for Scott Horton’s article turns up nothing except a link to Jeremy Scahill of The Nation‘s recent piece on the same subject. Andrew Sullivan had excerpted this summary of the charges contained in the Declarations on his blog:

  • Both men requested anonymity to avoid mortal threats. “It appears that Mr. Prince or his employees murdered, or had murdered, one or more persons who have provided information, or who were planning to provide information, to the federal authorities,” said John Doe #1. John Doe #2 says he received personal threats after leaving Blackwater.
  • Prince “views himself as a Christian crusader tasked with eliminating Muslims and the Islamic faith from the globe.” He “intentionally deployed to Iraq certain men who shared his vision of Christian supremacy, knowing and wanting these men to take every available opportunity to murder Iraqis.”
  • Blackwater “employees openly and consistently used racist and derogatory terms of Iraqis and other Arabs, such as ‘ragheads’ or ‘hajis.’”
  • Blackwater deployed to Iraq individuals who (a) made “statements about wanting to… ‘kill ragheads’ or achieve ‘kills’ or ‘body counts,’” (b) drank excessively, (c) used steroids, and (d) failed to follow safety and other instructions governing the use of lethal weapons. Mental-health professionals who raised concerns about deployment of such individuals were fired.
  • Prince obtained “illegal ammunition… designed to explode after penetrating within the human body” and smuggled it into Iraq for use.
  • Prince distributed other illegal weapons for use in Iraq.
  • Prince was aware of the use of prostitutes, “including child prostitutes,” at Blackwater’s “Man Camp” in Iraq, which he visited.

The actual declarations can be found here – John Doe 1 (pdf) – and here – John Doe 2 (pdf). These papers were part of opposition to a motion – the complete set of which can be found here. (Beware – it’s a few hundred pages of pdfs). I have emailed Scott Horton to see if he has any comment/explanation for why his article is no longer up on the Daily Beast.

Edit: The Daily Beast still has not gotten back to me. Mr. Horton replied telling me that he was looking into why his article was taken down himself.

[Image by John Rohan licensed under Creative Commons.]

Categories
Barack Obama Criticism Foreign Policy National Security The War on Terrorism

Military Envy

[digg-reddit-me]Under the Obama administration, the nonmilitary parts of America’s national security team have begun to increasingly imitate the Pentagon’s bureaucratic strategies and organization.

David Kilcullen, an Australian military officer embedded at various times in the State Department and in the Department of Defense during the Bush administration, one of the architects of the Surge, and a consultant to the Obama administration spoke at the Carneige Council about a number of problems with America’s approach to terrorism and its power – including what he saw as a serious mismatch between the “military and nonmilitary elements of national power.” He explained:

There’s 1.68 million people in the U.S. armed services, 2.1 million if you count all the civilians in the Department of Defense. I served in the State Department but this isn’t a State/Defense thing because I also served in the Defense Department, but between State and AID combined there are about 8,000 diplomats/foreign service officers in the U.S. So that’s 360 to 1 in terms of budget and 210 to 1 in terms of military guys to diplomats.

Contrast that to most other countries in the world, which have a ratio between 8 and 10 to 1. So we are dramatically out of proportion. We have this huge, well developed, highly expensive, well-coordinated military arm of national power and this tiny, shriveled, little puny diplomatic arm of national power. Not surprisingly we tend to see most problems as military problems and we tend to approach them with military solutions, because that’s the asset set that we have available.

By comparison there are five times as many accountants in the Department of Defense as there are diplomats in the U.S. diplomatic service. There’s as many lawyers in the Department of Defense as there are in the diplomatic service. There are actually more people playing as musicians in defense bands than there are diplomats. [Here the crowd titters.] So there’s a pretty substantial mismatch.

And of course that leads us to militarize our foreign policy.

He’s obviously right about this. But the military is not just seen to be bigger and better funded, but to be more effective than these other elements of national power. Its interesting to note that in the opening months of the Obama administration, the National Security Council, the State Department, and the Treasury have all sought to adopt elements of the Pentagon’s framework and seem to be using the Pentagon itself as a model.

Most recently, Noam Scheiber reported that the Treasury Department wanted to “put Treasury on a Pentagon-style footing.” He explained that in this new world of sudden financial movements, the Treasury needed to have greater capabilities to react to threats, as the military does:

Inevitably, it’s Treasury that must lead in this terrifying new order. Which is why its limitations have become so glaring. “The Pentagon is geared up to fight two wars at once, that’s the mission. The White House is a crisis management operation, it runs twenty-four hours a day,” says one Treasury official. “We want that capability.” And so, once the dust settles, Geithner is determined to put Treasury on a Pentagon-style footing. “One of things I hope to be able to do is leave a stronger institutional architecture in domestic finance with more depth in the career staff, more weight, more full-scale expertise in markets, regulatory policy, economics, the legal financial area,” he told me. When that day comes, you probably still won’t see much of Lee Sachs. But you can bet he’ll be manning the situation room. [my emphasis]

At the very start of this administration, Obama’s National Security Advisor, retired General Jim Jones pushed for the State Department and National Security Council to “reorganize their regional bureaus to conform with the military model,” according to Foreign Policy‘s Laura Rozen. So far, he has been unsuccessful.

But Secretary of State Hillary Clinton herself has sought to adapt at least one Pentagon practice to her new fiefdom – as she announced with great fanfare several weeks ago:

To deliver concrete results, we have to maximize our effectiveness. That’s why I’m excited to be here today to discuss a new enterprise, the Quadrennial Diplomacy and Development Review, which I announced at the State Department on Friday.

We are adopting this idea from the Pentagon. The Pentagon has successfully used this quadrennial review process to improve effectiveness and to establish a long-term vision. And I know from my time – about six years on the Senate Armed Services Committee – that the defense review helped convey the Department’s mission to all stakeholders, from members of Congress, to the members of the armed forces and their civilian colleagues, and to the rest of government, as well as to the American public. [my emphasis]

There has been a great deal of commentary in the past decade about the “creeping militarization” of America’s foreign policy. These changes seem more akin to powerful players in the Obama administration adopting the best practices of the Pentagon and adapting them across the government. In general, this is a good thing – but like the focus on technocratic, independent institutions solving intractable problems, this could also become problematic over time.

[Image by army.mil.]

Categories
Barack Obama National Security Politics The Opinionsphere The War on Terrorism

Sick of all this naivete about Obama

[digg-reddit-me]I’m sick of all this naivete about Obama.

And no, I’m not talking about those who moon over him and who believe he can do no wrong. I’m talking about those who now are on their high horse acting betrayed because Obama isn’t doing what they want.

Specifically I’m talking about this and this.

The problem as I see it is simple: under Bush, many critics of the power grab that was Bush’s War on Terror rallied together against him – and in 2008, many of them rallied around Obama. In working for a common cause they seemed to forget that between them they had some pretty serious disagreements.

For example, on one hand, there were those who I’m going to label progressives and/or libertarians who believed that the proper response to terrorism was law enforcement and believed the term “war” was inappropriate and who opposed:

  • the illegal war for oil against Iraq;
  • the warrantless wiretapping that violated the Constitutional protections of the Fourth Amendment;
  • any form of indefinite detention;
  • torture;
  • the practice of rendition (from Bill Clinton to its expansion under Bush);
  • the state secrets privilege.

Also, progressives opposed:

  • the practice of targeted killing;
  • the flouting of international law.

And then there were the liberals who believed that “war” was the correct term for the nation’s struggle against terrorism, but who opposed:

  • the “dumb war” against Iraq – on the basis of the fact that it would hurt our interests;
  • the defiance of the FISA statute that limited the power of the executive branch;
  • indefinite detention at the sole discretion of the executive;
  • torture;
  • the expanded rendition program under George W. Bush;
  • the overuse of the state secrets privilege.

Also, liberals opposed:

  • the use of signing statements to eviscerate laws passed by Congress;
  • the defiance (even denial) of the checks and balances between the branches of government.

The liberals and progressives/libertarians agreed that they needed to oppose Bush’s power grab. They disagreed though on the proper response to terrorism.

Obama, being a politician, did not seek to emphasize these differences among those who supported him. He finessed the issues by stating the liberal positions strongly – but at the same time, he made no secret of the fact that he was a liberal instead of a progressive.

Obama has made his positions clear. As he said in the campaign:

Just because the President misrepresents our enemies does not mean we do not have them. The terrorists are at war with us…When I am President, we will wage the war that has to be won, with a comprehensive strategy with five elements: getting out of Iraq and on to the right battlefield in Afghanistan and Pakistan; developing the capabilities and partnerships we need to take out the terrorists and the world’s most deadly weapons; engaging the world to dry up support for terror and extremism; restoring our values; and securing a more resilient homeland.

He has since maintained that he believes we are “at war” with Al Qaeda:

Now let me be clear: we are indeed at war with al Qaeda and its affiliates. We do need to update our institutions to deal with this threat. But we must do so with an abiding confidence in the rule of law and due process; in checks and balances and accountability.

On Iraq, he famously said:

I don’t oppose all wars… What I am opposed to is a dumb war. What I am opposed to is a rash war.

When Obama voted for the FISA compromise, he did so on the grounds that the program was needed. He explained that he had opposed it because Bush had enacted it in defiance of the Congress and established law:

The exclusivity provision makes it clear to any President or telecommunications company that no law supersedes the authority of the FISA court. In a dangerous world, government must have the authority to collect the intelligence we need to protect the American people. But in a free society, that authority cannot be unlimited.

Obama has repeatedly stated that he opposed indefinite detention at the whim of the executive – but did not say he was opposed to it in every form.

In our constitutional system, prolonged detention should not be the decision of any one man. If and when we determine that the United States must hold individuals to keep them from carrying out an act of war, we will do so within a system that involves judicial and congressional oversight.

On rendition and torture, Obama has kept his word. On state secrets, he has not so far.

This isn’t to say that progressives and libertarians shouldn’t criticize Obama – but on most of these issues Obama has been clear and consistent. And given the reasonable alternatives, it’s hard to see who was a better candidate. (Though I can already see the comments about Ron Paul being written.)

The fact is: Obama is a significant improvement over Bush – and the changes he has made and is making are significant. It matters whether or not there is a check on the executive branch; it matters whether or not we have a president who does not flagrantly disregard the law. That’s not a reason to give up what you believe – to keep pushing the civil libertarian case against Obama.

But at least be honest about it.

Categories
National Security The Bush Legacy The War on Terrorism

Is The Secret Plan Panetta Found Hersh’s “Executive Assasination Ring”?

[digg-reddit-me]Sam Stein of the Huffington Post got there first – but when I first heard the news about the secret plan so shocking that CIA Director Leon Panetta immediately shut it down and informed Congress late last week – my first thought was of the vague remarks by Seymour Hersh this March about “an executive assassination ring” run by Vice President Cheney.

Last night, reading the Wall Street Journal piece by Siobhan Gorman, this inkling seemed confirmed. Gorman reported:

According to current and former government officials, the agency spent money on planning and possibly some training. It was acting on a 2001 presidential legal pronouncement, known as a finding, which authorized the CIA to pursue such efforts. The initiative hadn’t become fully operational at the time Mr. Panetta ended it…

One former senior intelligence official said the program was an attempt “to achieve a capacity to carry out something that was directed in the finding,” meaning it was looking for ways to capture or kill al Qaeda chieftains.

Most of the other pieces on this subject have linked it specifically to Cheney – which is little surprise as most of the more extreme measures taken in the aftermath of September 11 were instigated by Cheney. Stories have also noted that this program is not related to the interrogation of prisoners or the wiretapping of information.

Compare this to Hersh’s comments back in March:

Right now, today, there was a story in the New York Times that if you read it carefully mentioned something known as the Joint Special Operations Command – JSOC it’s called. It is a special wing of our special operations community that is set up independently. They do not report to anybody, except in the Bush-Cheney days, they reported directly to the Cheney office. They did not report to the chairman of the joint chiefs of staff or to Mr. [Robert] Gates, the secretary of defense. They reported directly to him…

Congress has no oversight of it. It’s an executive assassination ring essentially, and it’s been going on and on and on. Just today in the Times there was a story that its leaders, a three star admiral named [William H.] McRaven, ordered a stop to it because there were so many collateral deaths.
Under President Bush’s authority, they’ve been going into countries, not talking to the ambassador or the CIA station chief, and finding people on a list and executing them and leaving. That’s been going on, in the name of all of us.

It’s complicated because the guys doing it are not murderers, and yet they are committing what we would normally call murder. It’s a very complicated issue. Because they are young men that went into the Special Forces. The Delta Forces you’ve heard about. Navy Seal teams. Highly specialized.

In many cases, they were the best and the brightest. Really, no exaggerations. Really fine guys that went in to do the kind of necessary jobs that they think you need to do to protect America. And then they find themselves torturing people.

The glaring discrepancy between the program Hersh is describing – and the one news reports are now – is that one point being emphasized in the current coverage of the concealed program is that it was never fully operational. But Sam Donaldson – in an unusual bit of worthwhile commentary – pointed out Sunday on This Week that we didn’t know how operational was being defined. He asked: Were there pilot programs? Was this tested in the field? Was there training? These questions are important – especially given how a word such as torture was parsed out of existence. And of course the most basic question, being fooled once, can we trust that this secret operation was not actually operational?

[Image by askpang licensed under Creative Commons.]

Categories
Barack Obama Criticism Foreign Policy History Iran Law National Security Politics The Bush Legacy The Opinionsphere The War on Terrorism

McNamara, Cuomo, Bearing Witness, Iran’s Bomb, Sri Lanken Victories, and Historical Dignity

It’s that glorious time of the week – Friday. So, here’s my recommendations of some interesting reads for this weekend that came up this past week…

  1. There were a number of excellent obituaries of Robert McNamara published upon his death. But what I would recommend would be reading this speech given in 1966 at the height of his power.
  2. Another speech worth reading is Mario Cuomo’s “Our Lady of the Law” speech from November 2007 which was published for the first time on this blog earlier in the week.
  3. Roger Cohen in the New York Times tries to express the insufficiency of online reporting aggregating news and media – as Andrew Sullivan and Nico Pitney did so usefully did during the Iranian protests. As these two journalists amassed tweets, photos, videos, news stories and every other bit of information about what was going on in Iran, Roger Cohen himself was in Tehran having evaded the Iranian censors. He went to the protests, interviewed the protesters, ran from basij with them. What I could see then was that while what Sullivan and Pitney were doing was new and unique – and extremely useful for understanding what was happening, it was missing a certain urgency that Cohen was able to provide with his bylines from Tehran. So he writes here about the “actual responsibility” of the journalist – to “bear witness:

    “Not everyone realizes,” Weber told students, “that to write a really good piece of journalism is at least as demanding intellectually as the achievement of any scholar. This is particularly true when we recollect that it has to be written on the spot, to order, and that it must create an immediate effect, even though it is produced under completely different conditions from that of scholarly research. It is generally overlooked that a journalist’s actual responsibility is far greater than the scholar’s.”

    Yes, journalism is a matter of gravity. It’s more fashionable to denigrate than praise the media these days. In the 24/7 howl of partisan pontification, and the scarcely less-constant death knell din surrounding the press, a basic truth gets lost: that to be a journalist is to bear witness.

    The rest is no more than ornamentation.

    To bear witness means being there — and that’s not free. No search engine gives you the smell of a crime, the tremor in the air, the eyes that smolder, or the cadence of a scream.
    No news aggregator tells of the ravaged city exhaling in the dusk, nor summons the defiant cries that rise into the night. No miracle of technology renders the lip-drying taste of fear. No algorithm captures the hush of dignity, nor evokes the adrenalin rush of courage coalescing, nor traces the fresh raw line of a welt.

  4. Robert Patterson in Foreign Policy brings some measured historical analysis to what would happen if Iran got the bomb.
  5. Robert Kaplan in The Atlantic explains how the Sri Lankan government was able to achieve a monumental victory over a terrorist group – and also why America should not imitate its methods in any way. He concludes bleakly:

    So is there any lesson here? Only a chilling one. The ruthlessness and brutality to which the Sri Lankan government was reduced in order to defeat the Tigers points up just how nasty and intractable the problem of insurgency is. The Sri Lankan government made no progress against the insurgents for nearly a quarter century, until they turned to extreme and unsavory methods.

  6. David Brooks wrote about dignity:

    In so doing, [George Washington] turned himself into a new kind of hero. He wasn’t primarily a military hero or a political hero. As the historian Gordon Wood has written, “Washington became a great man and was acclaimed as a classical hero because of the way he conducted himself during times of temptation. It was his moral character that set him off from other men.”

Categories
Criticism National Security Politics The War on Terrorism Videos

My Congressman Pete King Pisses On Michael Jackson; I Repay the Favor

[digg-reddit-me]Reading the news stories about my Congressman Pete King’s “rant” pissing all over Michael Jackson’s dead body – saying “there’s nothing good about this guy” and calling him a “lowlife,” a “pervert”, a “pedophile,”  a “child molestor” – I expected to be incensed when I saw the video. It’s not that I believe Jackson wasn’t any of these things – it’s just that in the absence of any convictions and with the accusations in the second trial at least looking rather calculated – I’m still reserving judgment. I wouldn’t go around denouncing a dead man for being a child molestor based entirely on the media’s portrayal of him.

But rather than being incensed at a ranting Congressman, what I saw instead was a rather sober, if cliched, Rep. Pete King – just down the block from my house in Wantagh – trying to cut through the bullshit and express something he felt without a politically correct censor. He does well to remind us that our country has many unsung heroes – police officers, firemen, people who volunteer in cancer wards, teachers who work in the inner city. It’s always a good time to remind people of that point. King’s “rant” reminded me of the way I had admired him for his defense of Bill Clinton through the impeachment trial:

In that same spirit that led King to take on Michael Jackson (but without relying on smears and accusations and instead relying on the Congressman’s own documented words), let me say this to my congressman, mincing no words:

Whatever your other redeeming qualities, you are a bigot – and a disgrace to the House of Representatives.

You have repeatedly demonstrated that you equate Islam with terrorism in public remarks – notwithstanding your attempts to save face by saying you are not talking about all Muslims.

When asked about protecting civil liberties, you responded that “there are too many mosques in this country.”

When asked by Sean Hannity about previous statement you had made that 85 percent of mosques in America are “ruled by the extremists,” you said that many American Muslims are in reality “an enemy living amongst us.”

You denounced a mosque for running subway ads as “especially shameful because the ads will be running during the seventh anniversary of September 11, and because the subways are considered a primary target of terrorists” – equating, once again, the religion of Islam with terrorism.

You recently claimed that the FBI was investigating a number of Long Island mosques – which if true, was classified and endangered active operations; and if not true, is a lie for your propagandistic purposes.

I first realized you were a bigot when I read your novel Vale of Tears back in 2004 expecting a standard thriller – but what I got instead was page after page of anti-Muslim invective, approvingly noted by the narrator – an Irish American Congressman from Long Island who bore a striking resemblance to you.

And all of this bigotry is justified by your reaction to September 11 – which transformed you from a sensible moderate to a bigot and a fetishist for executive power. Since then, you have had little time for such niceties as the rights of citizens and American values – as you focus on this fight against “the enemy living amongst us,” thereby targeting the rights of us all. When asked about balancing American values with government power over citizens, you advocated the government using any means necessary – ignoring civil liberties and constitutional protections – as “if there is any doubt, [you] want this resolved by going out and getting the job done.” “If there is any doubt” you want to err on the side of constricting the liberty of citizens! This is not consistent with your oath to uphold the Constitution. Given this, it’s not that surprising that you think Guantanamo – a place where hundreds have been tortured according to America’s own records – goes too easy on them – that it’s like “Club Med.”

You are not the type of congressman we need. Your bigotry is embarrassing. Your disregard for American values is abhorrent in a public servant, sworn to uphold the Constitution. Whether you decide to challenge Kristen Gillibrand for New York’s Senate seat or remain in your House seat, I will do my best to make sure you no longer represent me.

That’s from me, Joe Campbell, addressing you in the no-bullshit style you so value. Go ahead – rant about that.

Categories
Criticism National Security Politics The Bush Legacy The War on Terrorism

It Is a “War”

[digg-reddit-me]I’ve tried to make this point before – and have gotten constantly sniped at as I’m presented with supposed tautologies of ideologically certain “reasoning” – which are really mere collections of catchphrases –  by those to my “left”. But I’m trying again because I think this is important.

This is one of those times where I almost wish I had the support and/or insights of the JournoList

First, a political argument. If a liberal president declares an end to the War on Terrorism – and says we need to take a law enforcement approach – he or she would be setting themself up for a hard fall if a major terrorist attack did occur. Dick Cheney already seems to be trying to set up this dynamic, even with the modest and cautious steps that Obama has taken. But it’s not clear to me that Cheney’s critique will have enough to latch onto: unless a prisoner released to the Bahamas smuggles a nuclear weapon into the United States or a lead generated by torture is not followed up because of the “poison tree” doctrine – Obama would be in command of events enough to ensure that his policies aren’t blamed. And given the massive blowback that will certainly accrue if a politician is seen to be using a national tragedy as a political weapon, it’s possible that a move by Cheney under the circumstances would backfire. ((Progressives and liberals of all stripes here must be ready to shriek – but Bush did use 9/11 as a political weapon! And he got away with it! He did – and I’ve referenced this many times on this blog. But though he got away with it in 2002 and 2004 – by 2006, the public had become more cynical – and began to see Rove’s game for what it was. Many people didn’t want to believe that this is what Bush was doing – and lived in denial. Now, with a greater suspicion of Bush administration officials and Obama officials and pundits having pointed out the game Cheney is playing with national security issues, I think the public is politically oriented towards blowback if Cheney were to try to capitalize on an attack too eagerly.))

I don’t think there are many out there who disagree that Cheney has set up this poisonous trap – allowing him and other Bush administration apologists to blame Obama for the attack they all were sure was coming from September 12 until the day they left office – and which they are now sure is going to occur under Obama. Though I think many on the left and right pessimisticly disagree with my belief that Cheney’s plan will backfire.

Even so, any responsible politician must try to mitigate the damage that would be done to them under these circumstances. By declaring we are no longer at “war,” Obama would be instead increasing the damage done to him in the event of an attack. And indeed, Obama would be setting up his less extreme approach to be discredited if he describe as  a step down from Bush’s war approach.

If nothing else, Obama, in maintaining that we are still at war, but changing how the government is waging that war is hedging against an attack.

Second, on policy grounds. After September 11, there was a widespread shock at the scope of the attack. There was a realization that several factors had made our society more vulnerable to terrorism than at previous points in history: the empowering of individuals in a globalized, technological world, as made especially evident by weapons of mass destruction; the insulating effects of the combination of global communication, reactionary religion, and the internet; the ubiquity of media delivery and production.

This situation has created unprecedented vulnerabilities – vulnerabilities which previously could only be exploited by nation-states. This leaves us – as a society – now always vulnerable in a way we have previously only been in time of war.

Whether we call this state of readiness, of awareness that our society is in jeopardy, “war” or “peace” the reality is the same. But the truest – and most politically useful – way to understand this state is as a war of our entire society (rather than our government) to protect the American way of life. While the words here may be similar to those that Bush used, this is not a reason to do away with them. Rather, instead of using words as mere political weapons we should take them seriously. We must determine what it is that makes our society what it is – free, dynamic, fun, individualistic – and strive to protect these values even in a state of war.

I think the problem is that many liberals, progressives, and others on the left – and libertarians on the right – have convinced themselves that terrorism is not a serious threat. (Maybe I’m wrong – but bear with me for a moment.) Certainly these groups often make the argument that terrorism is not as serious of a threat as it is made out to be – and they make many good points on this front. Yet, despite this, they have made relatively little headway.

The reason these arguments aren’t taking hold is the same reason Iran will never be the same now that the people have proven their power by taking to the streets in defiance of the Supreme Leader – because now that people know it is possible, it will be done again. Through a combination of luck, hard work, distraction, and military action, our military, our intelligence services, and the Bush and Obama administrations have prevented another attack on American soil. And God willing, this will continue. But I cannot help but believe that at some point someone will try and succeed in another spectacular attack. More important, given the power non-governmental organizations now have in our society with technology such as it is, and given the power of America in maintaining the status quo around the world, some group will declare war and more successfully wage a war of terrorism on America – whether this group be Al Qaeda or another.

Why do I believe this? Because the technology is there. Because the will is there. Because the social dynamics are there. And because a group such as this now has an example to follow.

We need to prepare for this as a society – or we could easily be destroyed as a society – not likely by the weapons of such terrorists but by our unconsidered reaction. Just as September 11 demonstrated to some terrorist group in the future what a success might look like, so the Bush administration’s reaction – to a great degree – demonstrated how a poorly thought out response could undermine our liberties at home and our power and interests abroad.

Liberals and progressives have tended not to discuss policy with the thought in their minds: “What then, after another attack?” Avoiding this line of thought is a bad habit formed after years of Bush constantly invoking it – and using it as an implicit and explicit political weapon. It is necessary to think past that step – and to create policies that will survive another attack.

Categories
Law National Security Political Philosophy Politics The Bush Legacy The Opinionsphere The War on Terrorism

Experimenting With National Security Policy

[digg-reddit-me]On September 11, 2001, the Bush administration was taken by surprise. Their immediate reactions are forgivable, if disheartening – the 7 1/2 minutes reading a book after being told “America is under attack;” the quick spreading of false information at the top levels as officials thought that the State Department had been attacked and that taxi cabs were planning on blowing themselves up in front of major Washington buildings; the order by Cheney to take out a civilian airliner, usurping the role of the president. President Bush and Condi Rice clearly panicked – as Rice has essentially admitted since leaving office:

Unless you were there in a position of responsibility after September 11th, you cannot possibly imagine the dilemmas that you faced in trying to protect Americans. And I know a lot of people are second-guessing now, but let me tell you what the second-guessing that would really have hurt me – if the second-guessing had been about 3,000 more Americans dying because we didn’t do everything we could to protect them.

Karl Rove, seeing his dream of a realignment of the electorate threatened by the biggest terrorist attack in American history likewise panicked.

Cheney though was emboldened – his sense of purpose, his disdain for America’s delicate system of checks and balances, and his radicalism imbued Bush’s first term with a reactionary fervor. The War on Terror became synonymous with Cheney’s goal of creating an imperial presidency. At this point, in the aftermath of this devastating attack, Rove began to plan for ways to turn this glaring weakness into a strength; and Cheney attempted to change the American structure of government – believing that 9/11 would have been prevented if only the president had more power. Thus, Cheney began to systematically use this crisis to centralize more power in the White House – and to assert greater executive powers and to outright reject the powers of the legislative, judicial, and quasi-independent branches of government to check his or the president’s power. Laws were read in such a way as to maximally expand presidential power – with a statute declaring war on Al Qaeda secretly being understood to overturn decades of legislation, for example; vast areas of law were secretly held to be unconstitutional checks on the president’s power and were ignored. In so doing, Cheney began to fundamentally alter the American social bargain.

It wasn’t until far right-wingers from Office of Legal Counsel Director Jack Goldsmith, Attorney General John Ashcroft, FBI Director Robert Mueller, Deputy Attorney General James Comey, and quite a few other top CIA, FBI, and Justice employees were about to resign that Bush finally realized how radical his administration had become. By Bush’s second term, he began to walk most of his more radical policies back – though refusing to admit any fault and maintaining his authority to do all of it.

Now that Bush is no longer in office, liberals, libertarians, progressives, and other Bush administration opponents had two basic conceptions of how to move forward and how to look at the radicalism of Bush’s first term and his assertions of executive power that he maintained until he left office. The first conception was well expressed by Tom Malinowski of the Human Rights Watch at a Congressional hearing on June 11, 2009:

We should stop experimenting. We should not build yet another untested structure on a foundation of failure. We should finally, at long last, bring to justice the men who killed thousands of people on September 11, and others who have committed or planned or aided the murder of Americans. And we should do it in a system that works.

On the other side, some who opposed the radical actions of Bush-Cheney still saw within September 11 something similar to what Cheney did – a unique threat to our way of life. What these individuals are forced to do is balance the threat of catastrophic terrorism with the desire to preserve our way of life. Rather than starting with the assumption that a stronger president with fewer checks on his or her power is the only way to prevent terrorism, these individuals believe we must experiment with our laws and institutions, to tinker with them, to achieve this right balance – all within the public realm and with the consent of the people, rather than in secret.

In an interview with a British paper, Philip Bobbitt, for example, makes the case for why we need to experiment with our national security policy – focusing specifically on the idea of stockpiling laws:

I think when you go to weapons of mass destruction you’re talking about just a completely different level of horror and disruption…We must come, as societies, to some understanding of what we’re facing, and in these times of tranquillity organise ourselves and debate about what we will do if a catastrophe should come to pass. We should stockpile laws for such an eventuality, just as we stockpile vaccines. Then I think we have an excellent chance of getting through these attacks with systems of consent in place. But if we don’t do that, if we say oh, get real, this isn’t another second world war, surely you’re exaggerating the threat, this couldn’t possibly threaten our society now! It hasn’t yet! And if you don’t use the democratic process to put laws in place now, then in a way you become the ally of the terrorists because when a truly terrible series of mass atrocities really does occur and you don’t have anything to fall back on, that’s when you get martial law, that’s when you get the system that’s in democratic collapse, and you become the source of terror yourself. No, Bin Ladin isn’t going to invade and occupy Westminster and put Mullah Omar in the House of Lords, he’s not going to take over. If Britain becomes a state of terror it will be because we did it to ourselves and we did it because we did not prepare when we had the time and the peace to do so by law and by consensual systems.The United States can do the same thing. If we are busy throwing away laws, the one steady craft we have to get through this, Washington will turn us into a state of terror, we’ll do it. We’ll embrace it enthusiastically…

We need to focus on making our society more resilient in the event of an attack, on spreading information regarding terrorism so that citizens can make informed choices (as was successful in preventing the fourth attack on September 11). The laws regarding continuity of government – from my understanding – are incomplete Cold War relics. We need to take the threat of terrorism from the realm of fear and bring into the realm of rational thought. Obama, as president, is uniquely positioned to do this.

It seems to me that Malinowski’s approach – while understandable – is misguided. In a changing world,  our government must adapt, must experiment. And the threat from catastrophic terrorism – the threat inherent in a globalized world, with technology increasing the power of individuals exponentially – is real. It must change the calculus, the balancing test. We need to experiment with our national security policies – and get away from the Culture War politics that thanks to Rove and Cheney have come to dominate this arena. The Rule of Law and our way of life is better protected if we reflectively plan for an emergency now rather than overreacting in fear in the moment.

Categories
Barack Obama Election 2012 Foreign Policy Iran National Security Romney The Bush Legacy The Opinionsphere The War on Terrorism

A New Phase in the Culture War: National Security

[digg-reddit-me]As Barack Obama and Dick Cheney prepared their dueling speeches last month, Reihan Salam observed:

National security has become part of the culture wars, only with Dick Cheney as the new Jerry Falwell. It doesn’t matter that Obama is escalating the war in Afghanistan or that he’s embraced rendition. To Cheney, Obama’s anti-torture stance represents the moral vanity of a naïve one-worlder.

We’ll be hearing much more about this new culture clash. During the hearings on Obama’s first Supreme Court appointment, Republicans will spend more time hammering the Democratic nominee on Hamdan v. Rumsfeld and Boumediene v. Bush than about Roe v. Wade. At the moment, Obama looks untouchable. But the politics of national security could prove his undoing.

This observation is seeming more and more apt as the months go by. And yesterday morning’s appearance by Mitt Romney on This Week With George Stephanopoulos suggested that if Romney has anything to do with it, the Culture War will extend to foreign policy as well.

Foreign policy and national security have always been matters of contention between the political parties – but Culture War issues functioned a certain distinct way.

In some sense, the Culture War can be traced back to the “psychodrama of the baby boom generation” as they fought over Vietnam and then social issues. By the 1990s, the Baby Boom generation dominated most institutions in the country and  a large number of Americans had divided into two warring camps along a familiar lineup of issues: abortion, homosexuality, guns, censorship, separation of church and state, etcetera. Each party became dominated by those with the most extreme positions on these issues. There were only two ways for savvy politicians to position themselves – to triangulate and try to find some reasonable accommodation; or alternately to find a reasonable position and  make sure that they were wrong – but on the right side of the issue. During this time, issues of national security and foreign policy didn’t break down in the same partisan way. Republicans opposed Clinton’s proposed anti-terrorism measures; Democrats were more hawkish than Republicans in Bosnia – and in both cases, neither side was completely aligned. These issues weren’t litmus tests – but matters upon which reasonable people could and did disagree.

Then came September 11 and George W. Bush’s and Karl Rove’s explicit decision to use the War on Terror as a political weapon. There were no mainstream Democrats opposed to most aspects of Bush’s emergency measures, so Rove tried to make any slight suggestion of disagreement tantamount to treason. Though this worked well enough as a political tactic, it still hadn’t moved national security issues into the Culture War entirely.

The turning point came when allegations of torture began to surfare – and the photos of the abuse at Abu Ghraib came to light. Everyone was shocked – Republican and Democrat. Everyone condemned it. Except the far-right partisans. I remember reading The Corner and other blogs around this time – and an extraordinary thing happened. For weeks, these men and women had been insisting that America did not torture – only, maybe  some bad apples  – and that to suggest we did torture was a form of America-hating. Then, almost overnight, all of these same men and women began to talk about ticking time bombs and demanding to know why we shouldn’t torture a terrorist who hated America!

Perhaps it had something to do with the fact that it was an election year – and with everything viewed through this prism, it’s easier to justify something awful. But regardless of the reason, in that moment, national security became part of the culture war. Karl Rove accomplished what he had been trying to do. He polarized the electorate so that it became necessary for any savvy politician on the right to be wrong on the right side of these issues.

By 2008, this was evident – as the sensible position that there had been overreach in Bush’s War on Terror – and that for example, Guantanamo should be closed down – gave way to Mitt Romney declaring that he would “double Guantanamo” to cheers. It’s a nonsense phrase – but the Culture War isn’t about policy – but about position.

Now, Romney is continuing this – and pushing it into foreign policy.

Yesterday morning, Romney, adopting the freedom of expression and lack of accountability typical of  party out of power, launched a critique of Obama’s response to the Iranian elections – and to the Middle East in general:

Romney criticises Obama’s use of “sweet words” (sounding eerily similar to Zawahiri who denigrated Obama’s “elegant words“) – yet his only suggestion for how to react differently to the Iranian elections would be to use Romney’s own words – which admittedly aren’t as “sweet” or “elegant.” And of course while Romney denigrates Obama for relying on words without action – Romney’s only response to the Iranian election is to use his own words.

(This brings up an interesting difference: Obama uses the power of words to affect what is going on, as in his Cairo speech, his race speech, his speech on national security – while Romney insists we must use our words to express ourselves and to show what side we are on. This difference in the use of language is precisely what makes Obama an effective speaker – but this is a topic for a different day.)

What Romney forgets is that – in Andrew Sullivan’s words:

This is not about us. It’s about them.

The time may come for the president to stand with the majority of Iranians – to voice his support – but Romney’s demand for instant moral clarity demonstrates a Culture War view of foreign policy – of a need to be wrong on the right side of the issue. As a candidate, this Culture War take on national security and foreign policy can be effective – but as a governing tactic, it is disastrous.

Categories
Barack Obama Law National Security Politics The War on Terrorism

Closed-Door Hearings

Last week, at a closed-door Intelligence Committee hearing, Republican members claim they were told “the truth that enhanced interrogation of detainees is effective.” The members did not offer details as to what they learned – but by speaking about this, they clearly violated the closed-door policy. As Democrat Oversight and Investigations Chairwoman Jan Schakowsky said:

“I am absolutely shocked that members of the Intelligence committee who attended a closed-door hearing … then walked out that hearing — early, by the way — and characterized anything that happened in that hearing. My understanding is that’s a violation of the rules. It may be more than that.”

This reminds me of the recent controversies regarding Nancy Pelosi and the allegations of abuse of the Gang of Eight process. Wikipedia describes it:

[T]he President may elect to report instead to the Gang of Eight when he feels “it is essential to limit access” to information about a covert action.

They are all sworn to secrecy and there is no vote required.

In each of these circumstances, the power of legislators to do their job – and check the executive branch – is curtailed by secrecy. This is a situation crying for judicial oversight – or for political courage. Either immunity could be offered for Congressmen and -women – allowing them immunity from prosecution for what they reveal of classified information; or perhaps, they could create some judicial process to force classified information to be revealed.

This would help counteract the increasing trend to classify every document possible.