Category: National Security

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Barack Obama Criticism National Security Politics The War on Terrorism

A Tortured Plot Device

Alessandra Stanley writing in the New York Times on the Senate hearings targeting Jack Bauer for torture and other broken laws:

[T]he Senate confrontation may be cathartic for conservatives upset that the Cheney doctrine is likely to be reversed by the new administration. (Mr. Obama’s choice to lead the C.I.A., Leon E. Panetta, has argued passionately against it.) But it’s kind of a buzz kill for fans of the show who eagerly wait for a new installment of torture, nuclear explosions, biochemical mass destruction and the latest nerdy computer surveillance techniques. In an action-adventure show, torture should be seen and not heard about.

And that pedantic streak makes the first hour of the season premiere a little like being in a bar with a football superstar, eagerly awaiting tales of gridiron glory, only to have to listen to him drone on and on about the hypocrisy and injustice of steroid testing.

Fortunately, and predictably, the Senate sanctimony is interrupted by an urgent threat to national security that only Jack Bauer can handle.

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Law National Security Politics The Opinionsphere

A Double Standard (cont.)

Glenn Greenwald, as always, over-the-top and on point:

That’s America’s justice system in a nutshell:  the President who deliberately and knowingly violated our 30-year-old law making it a felony offense to eavesdrop on Americans without warrants has the entire political and media class eagerly defend him against prosecution.  Those who enabled him – in both parties – block investigations into what was done.  Ruth Marcus and Cass Sunstein and friends offer one excuse after the next to justify this immunity.  But the powerless and defenseless – though definitively courageous – public servant who blew the whistle on this lawbreaking is harassed, investigated, and pursued by the DOJ’s Criminal Division to the point of bankruptcy and depression, while the lawbreakers and their enablers stand by mute and satisfied.

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National Security Politics The Opinionsphere The War on Terrorism

A Double Standard

[digg-reddit-me]From Michael Isikoff’s profile of Thomas Tamm in Newsweek:

Tamm’s story is in part a cautionary tale about the perils that can face all whistleblowers, especially those involved in national-security programs. Some Americans will view him as a hero who (like Daniel Ellsberg and perhaps Mark Felt, the FBI official since identified as Deep Throat) risked his career and livelihood to expose wrongdoing at the highest levels of government. Others—including some of his former colleagues—will deride Tamm as a renegade who took the law into his own hands and violated solemn obligations to protect the nation’s secrets. “You can’t have runoffs deciding they’re going to be the white knight and running to the press,” says Frances Fragos Townsend, who once headed the unit where Tamm worked and later served as President Bush’s chief counterterrorism adviser. Townsend made clear that she had no knowledge of Tamm’s particular case, but added: “There are legal processes in place [for whistle-blowers’ complaints]. This is one where I’m a hawk. It offends me, and I find it incredibly dangerous.”

As Hilzoy points out, Townsend was one of the people responsible for making sure that the whistle-blower process worked for Tamm:

Saying that whistleblowers ought to work within the system without adding “if the system is in fact functional” is odd in itself. But saying that when you are one of the people who could have helped to make it functional amounts to saying: well, I and my colleagues have failed to do our jobs, but never mind that: we should expect whistle-blowers to work within the system, even if our own failure means that they have no reason to believe that doing so will actually accomplish anything other than the destruction of their careers.

In a CNN appearance attacking Scott McClellan when he released his book, Townsend seemed to make the exact opposite point of Hilzoy – suggesting that career destruction is the price you must pay:

You know, if there’s policy issue that you think violates your personal values or your integrity and ethics, you do have an option. You can voice it and if you lose, you leave.

Which is probably why Townsend was relieved to have been deliberately marginalized on sensitive national security issues by Vice President Cheney and his staff while she served as a counter-terrorism adviser. (Her very appointment was also opposed by Scooter Libby and was apparently somehow tied in to the Valerie Plame leaking.)

The great irony is the clear double standard applied by people like Frances Fragos Townsend to condemn only those who politically opposed them for acting as renegades who take the law into their own hands thereby violating solemn obligations to protect the nation and its values while giving other a free pass. Yes – Thomas Tamm, a lone individual with few powers, unable to affect what he believed to be flagrant law-breaking (and what later events have proved to be at minimum felony crimes), took it upon himself to protect the Rule of Law, thus breaking one law to uphold the many. And yes – George W. Bush, the most powerful man in the world, unwilling to concede that his powers had limits when he feared bad things would happen, broke many laws and ordered many more laws to be broken, to such a degree that he challenged the very concept of limits on the executive itself, corrupting the entire system that was designed to check his powers. Both men broke the law to protect America.

One man corrupted the system designed to check him; the other took on that corrupted system. Yet Townsend – and many like her – argue that the petty criminal who broke the law (for the common good) should be prosecuted while the master criminals who broke many laws (for the common good) should not be. This demonstrably creates two classes under the law – those above it and those subject to it.

John Adams described the definition of a republic as “a government of laws and not of men.” Thomas Paine declared in Common Sense that “in absolute governments the king is law, [while] in free countries the law ought to be king; and there ought to be no other.” It is this fundamental American principle which Frances Fragos Townsend and other Bush administration apologists attack when they insist that only the dissenters and the powerless be punished for breaking the law.

Categories
Foreign Policy Israel Politics The Opinionsphere The War on Terrorism

Israel and Hamas

The furious positions of many people on this issue leave me with the feeling that I should take a definitive side. Sometimes, you must stand up and be counted – or become irrelevant. But on this issue, I have yet to hear any passionate argument that is convincing. The best arguments are microarguments, winning some small points. The best writers on this issue are reflective and nuanced, avoiding becoming apologists for either side. I have entered into arguments in which I have felt myself being alternately tugged to justify the worst actions of either Israel or the Palestinians – which I don’t want to do. Neither side has clean hands – but it is also not fair to create some kind of moral equivalence. What is needed is that rarely appreciated virtue, nuance.

In that spirit, here’s a selection of reflective takes on the current situation:

Yglesias:

By somewhat the same token, I do read in the comments section what I would regard as a disproportionate level of shock and appalledness from some quarters about Israeli activities as if this action is some kind of unprecedented outrage in human history. The real outrage is how common and banal, how unsurprising and thoroughly precedented it is.

Andrew Sullivan:

In the history of the West, the laws of war are clear enough. You do not launch a just war if it leads to greater evils than the status quo ante. There must be a reasonable proportion between means and ends. Both sides should be able to acknowledge common human values, even as they fight over territory or ideology. And yet Hamas has never done this; has no capacity for abiding by even minimal moral norms, believes it has a moral responsibility to eradicate the Jewish state, and certainly finds the universalist and liberal moral law embedded in Western and largely Christian culture meaningless outside Islamic hegemony. Israel, for its part, is on a different moral plane than Hamas. Its internal critics write op-eds; they are not taken out and shot. But, in the face of what is, essentially, a 60 year war against enemies on all sides and within, it has long since disappeared down the self-reflecting mirrors of survivalist logic and existential panic. It looks to me like a society in danger of losing its sense of restraint to the logic of violence. It is lashing out because it feels it can do no other and senses its long-term survival at stake. Even if violence does not solve the problem and may make it worse, war can seem a better option now than disappearing passively in the next couple of decades. The stunning near-unanimity of Israelis behind the Gaza attack is proof of this. In Israel, it seems, it is always America in 2002.

Carlo Stenger:

I have been a very outspoken critic of Israeli policies for many years. Nevertheless, those who…go into endless diatribes to ascribe sole responsibility to Israel for the current situation are hypocritical at worst and ignorant at best. In this age of political correctness it is always sexy to support the underdog. But political correctness does not always yield wise political judgment

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National Security Politics The Opinionsphere

Stuck on the Terrorist Watch List

Juan Fernando Gomez in the Washington Post:

It’s not the countless missed connections that bother me or the fact that I have to politely decline offers from well-meaning travel companions to wait for me, because they don’t know that they might be waiting for hours. It’s the powerlessness of being unable to clear my name and of having to go through this humiliation over and over.

Categories
National Security Politics The War on Terrorism

How the War on Drugs Is Making America Less Safe From Terrorism (cont.)

Yesterday’s post on the conflicts between the Drug War and the War on Terror seems more timely today – as the New York Times has a prominent article by Thom Shanker on the Afghan narcotics trade and Esquire has an article by John H. Richardson claiming that sources in the Obama transition team are suggesting that marijuana be decriminalized and the Drug War ended by Obama’s second term.

From Richardson’s article:

Marsha Rosenbaum, the former head of the San Francisco office of the Drug Policy Alliance, who quit last year to become a fundraiser for Obama…remains confident that those recommendations would call for an end to the drug war. “Once everything settles down in the second term, we have a shot at seeing some real reform.”

From Shanker’s:

[A] number of NATO members have in broad terms described their reluctance publicly, including Germany, Italy, Poland and Spain. Their leaders have cited domestic policies that make counternarcotics a law enforcement matter — not a job for their militaries — and expressed concern that domestic lawsuits could be filed if their soldiers carried out attacks to kill noncombatants, even if the victims were involved in the drug industry in Afghanistan.

End the Drug War. Focus on stopping terrorism. It’s the only sane choice.

Categories
National Security New York City Politics The War on Terrorism

Opposing Pete King for NY Senate

I didn’t realize that Pete King was planning on making a run for the New York Senate. I liked Pete King for a long time – and he’s now my Congressman. He seems a stand-up guy. He was one of the few Republicans to publicly oppose the efforts to impeach Bill Clinton. Which is why I decided to pick up his novel, Vale of Tears. I could excuse the clunky writing – but what was more difficult to accept was the bigotry towards Muslims and Arab Americans.

Since 9/11, he seems to have made a practice of such Muslim-baiting. Just this year, he demanded the MTA remove subway ads for a mosque in Brooklyn, stating:

They are 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.

I’d like to give King the benefit of the doubt here and suggest that his wrath may not have been directed against the ads which simply promoted Islam. ((The ad campaign is also linked by a YouTube video to a controversial imam who was once thought to be possibly connected to the 1994 World Trade Center bombing – but who was cleared and never charged.)) But either way, I’d be concerned if a man like him were in the Senate. Governor Patterson better pick someone who can take on Pete King.

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Libertarianism National Security Politics The War on Terrorism

How the War on Drugs Is Making America Less Safe From Terrorism

[digg-reddit-me]The War on Drugs is undermining America’s War on Terror by:

  • creating an adversarial relationship with a large portion of the country;
  • calling into question the legitimacy of the rule of law and law enforcement;
  • competing for law enforcement resources; and
  • revealing the measures we take to track money being laundered and to stop smuggling.

The threat of terrorism is real, if often exaggerated for political purposes; and the consequences of a low probability, high impact attack could be catastrophic. If terrorism is our most immediate national security threat, then we must rearrange our priorities and end the failing Drug War.

The prosecution of Tommy Chong (half of the perpetually baked comedy duo Cheech and Chong) illustrates some of these points.

The state of Pennsylvania prohibits the shipping of drug paraphernalia – such as bongs – into it’s state. In 2003, a man from Beaver Falls, PA began calling a store in California run by the family of Tommy Chong asking them to ship him a large order of bongs and assorted other glassware. A manager at the store claimed that man called at least 20 times – and each time a representative of the store told him they could not ship to his state, citing the Pennsylvania law. This very determined man traveled to California to order the items – but he was not determined enough to stay around until his order was packed up. He returned to Pennsylvania. The store still refused to ship him the items – but after a few weeks, they gave in to his repeated demands.

That was the excuse a SWAT team needed to raid the store and arrest Tommy Chong. The entire operation was set up by a U. S. Attorney for the Western District of Pennsylvania, Mary Beth Buchanan. The net cost to the taxpayer to put Tommy Chong  in jail for 9 months (Chong was convinced to take the fall although he didn’t run the business and had nothing to do with this incident) was $12 million. Tommy Chong, reflecting on the lessons of his experience pointed to “the absurdity of the War on Drugs when we have a much more pressing – and wholly unrelated – war on terrorism to worry about.”

I only disagree with the sage Tommy Chong in that the two wars are wholly unrelated. They are related intimately – and the war against Tommy Chong is making the war against Al Qaeda harder.

The most profound way the War on Drugs is undermining the War on Terror is how it calls into question the legitimacy of the rule of law and of law enforcement. Tommy Chong’s case is not atypical in how disproportionate the resources used to take him down were to his threat to society – from the millions of dollars spent to the SWAT team to the sting operation – you would expect him to be some kind of violent drug lord. Chong’s case is exceptional only due to his celebrity. The number of hours dedicated to fighting the Drug War against American citizens is incalculable. Each arrest for possession, for possession with intent to distribute, or any other of a long list minor offenses involves the time and attention of police officers, as well as judges and attorneys. Yet with all this effort, this War on Drugs has been fruitless. As Ben Wallace-Wells subtitled his summary of the War on Drugs: “After Thirty-Five Years and $500 Billion, Drugs Are as Cheap and Plentiful as Ever.”

Excessive force is often used in the Drug War – and not just against isolated individuals. The libertarian CATO Institute has documented the enormous number of paramilitary raids – mainly involved in the War on Drugs. They cite an estimate of 40,000 paramilitary raids a year – including many which kill innocent bystanders or are raids on the wrong address. In an example from just a few months ago, police raided the home of the mayor of a small suburb outside of Baltimore and shot his dogs in search of marijuana. The mayor and his family were innocent, as were the dogs. One of the mayors neighbors said to him after the police raid: “If the police shot your dogs dead and did this to you, how can I trust them?”

At the same time, the Drug War has alienated a large segment of its population from its law enforcement and national security agencies. At times – especially as in the case of Tommy Chong – it seems to have become a surrogate for a culture war. Largely as a result of the War on Drugs, America has the largest incarceration rate of any nation in the world. Yet most offenders of drug laws are never imprisoned – as it is estimated that nearly 7% of Americans use illegal drugs every month. Among the Americans to cross into enemy lines in the War on Drugs include our last, current, and future presidents. The War on Drugs has created an adversarial relationship between the government and a large portion of Americans.

The failures of the Drug War haven’t yet affected the War on Terror because it has largely been seen as something “different,” something which unites all Americans, which transcends boundaries. Mobsters, drug dealers, smugglers, and even governors of Illinois may be threats to the rule of law and targets of law enforcement, but they, with law enforcement, see terrorists as enemies of civilization. The Sopranos illustrated this with a storyline in which a mobster is asked by the FBI to keep a lookout for suspicious activity – and he is eager to. But the War on Drugs keeps threatening to undermine this essential distinction, as law enforcement uses powers designated to it in order to fight terrorism for other ends.

The War on Drugs also competes with the War on Terror for government resources and attention. This refers not only to the degree to which the FBI, Customs, and local police forces must split their attention between the two Wars – thus shortchanging both, but also to the more formal war in Afghanistan. Our anti-drug policy is driving the poor farmers of Afghanistan to seek the protection of the Taliban according to President Hamid Karzai. At the same time, even as additional resources have been allocated at the federal level to combat terrorism, local police forces must now split their attention – and their efforts in the Drug War often undermine the trust they need to prevent a potential terrorist attack.

More insidious though is how the intersection of the War on Drugs and the incentives of drug trafficking create an infrastructure that can be used for terrorism as a Congressional report from 2004 explained. The enormous profits involved in drug trafficking have incentivized an industry dedicated to undermining our national security infrastructure – it has created experts in smuggling to get contraband through or around Customs and into America; it supports an industry of money laundering and of illegal weapons and false identifications. All of these are useful and often essential to a terrorist operation – and yet none of these could be adequately financed by terrorism alone. The efforts of the War on Drugs reveal weaknesses in our national security to drug dealers and terrorists alike. One of the authors of a study of America’s vulnerability to nuclear terrorism joked the best way to smuggle nuclear material into America would be in a package of cocaine. If America were to focus our national security efforts – including efforts to track suspicious money and to prevent smuggling on terrorist-related targets, less would be known of our capabilities.

The War on Drugs has failed in its objectives. It affects Americans unequally and unfairly. And it is making us less safe. There is an international consensus on the dangers of heroin and cocaine trafficking – and we should continue to combat them. But we stop fighting a “War on Drugs” that is undermining the War on Terror.

We must rationalize the drug laws – by equalizing the penalties across similar classes of drugs and by legalizing those drugs health experts agree are less dangerous and addictive while continuing to make efforts to reduce the demand for and smuggling of the rest. We must end the “War on Drugs” that is targeting a significant percentage of American citizens and helping to destabilize countries around the world. We must stop blurring the lines between our efforts to stop drug trafficking and the War on Terror. The best defense against terrorism is a people who trust law enforcement, respect the rule of law, and are knowledgeable about threats.

The War on Drugs is squandering this resource. Which is why we must end it.

[Picture licensed under Creative Commons courtesy of CmdrGravy.]

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Libertarianism National Security Politics The War on Terrorism

Illegal Drugs and the War on Terror

In researching a post I was working on, I came across a Congressional report from 2004 that I was surprised I hadn’t heard about. Entitled “Illicit Drugs and the Terrorist Threat: Causal Links and Implications for Domestic Drug Control Policy” [pdf], it lists five potential links between drug trafficking and terrorism:

  1. Supplying cash for terrorist operations;
  2. Creating chaos in countries where drugs are produced;
  3. Generating corruption in law enforcement, military, and other governmental and civil-society institutions that either build public support for terrorist-linked groups or weaken the capacity of the society to combat terrorist organizations and actions;
  4. Providing services also useful for terrorist actions and movements of terrorist personnel and material, and supporting a common infrastructure, such as smuggling capabilities, illicit arms acquisition, money laundering, or the production of false identification papers;
  5. Competing for law enforcement and intelligence attention.

The report focuses on how drug trafficking undermines the War on Terror – but it makes clear both the current quagmire that is the Drug War and the ways in which the incentives created by the War on Drugs undermine the War on Terror.

Now at first glance, it may seem as if the War on Terror and the War on Drugs should be benefit one another. After all, a successful policy that made heroin production and trade less profitable or more difficult would deprive the Afghan Taliban from one of their primary sources of cash. A successful anti-smuggling policy would make it harder for drugs to slip across the border as well as terrorists and weapons.

The Bush administration meanwhile has sought to conflate the two wars – for example, by running ads immediately in the aftermath of 9/11 claiming that drug money paid for terrorism ((At the time, the Taliban and Al Qaeda were not making money from the heroin trade however, so this was rather misleading. The Taliban in fact had prevented poppy-farming until they needed it as a source of revenue after they were ousted from power. The commercials based their claims on FARC in Columbia.)) and by repeatedly using measures from the Patriot Act and other anti-terrorism measures to go after drug offenses.

But looking more closely, one can see that the War on Drugs has often impeded the War on Terror in these very areas. For example, critics of the Bush administration’s drug policy in Afghanistan believe we are in fact driving poor farmers to seek the protection of the Taliban. By using laws designed for the War on Terror in the Drug War, it undermines claims that the War on Terror is “different” and should unite all of us. By using these new powers more often, law enforcement undermines it’s credibility. It’s a vicious cycle.

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    National Security Politics The Opinionsphere The War on Terrorism

    The Judgment of History

    Patrick Radden Keefe mentioned, in an offhand manner, one of the great questions about the transition:

    Even the legal opinions governing the program are still squirreled away in a safe in Vice President Dick Cheney’s office. In recent months, the Senate Judiciary Committee and a Washington district judge have ordered them turned over, and the next attorney general should do so immediately.

    He was referring here to the wiretapping program specifically – but it applies to many of the legal rationales in the War on Terror. Dick Cheney and his lieutenants David Addington and Scooter Libby perfected the art of bureaucratic warfare during the first years of the Bush administration. According to Jack Goldsmith as quoted by Barton Gellman:

    They were geniuses at this. They could divide up all these problems in the bureaucracy, ask different people to decide things in their lanes, control the facts they gave them, and then put the answers together to get the result they want.

    In addition – as Keefe mentioned – and as Gellman reported in his book The Angler – Addington kept certain legal documents exclusively in the safe in his office. Not just copies – but the originals, with no copying permitted, and with access to the documents severely limited. (For example, even the attorneys in the National Security Agency responsible for making sure the NSA was following legal guidelines were not permitted to see the legal rationale for their wiretapping program.) As members of the incoming administration attempt to decide what is the best means to deal with the abuses of power during the Bush administration – Nuremberg-style trials? a truth commission offering clemency? the normal legal system? – you have to wonder what steps Cheney and Addington will take. There has been much discussion of whether or not George W. Bush will offer a preemptive pardon to anyone involved in the War on Terror – but less discussed is what Cheney and Addington might be able to do to entirely obfuscate attempts to find out what happened.

    Based on my understanding of Cheney’s personality as described by Barton Gellman – and on his recent interview with ABC News – I think Cheney might want to just get it all out there. He virtually admitted – though not necessarily to the point of taking legal responsibility – that he authorized war crimes:

    He was also asked whether he authorized the tactics used against Khalid Sheikh Mohammed.

    “I was aware of the program, certainly, and involved in helping get the process cleared, as the agency in effect came in and wanted to know what they could and couldn’t do,” Cheney said. “And they talked to me, as well as others, to explain what they wanted to do. And I supported it.

    It seems that Cheney – at least on some issues – is now, and finally, willing to come forward and admit his role. He isn’t willing to admit fault – but seems proud of what he did, and willing to accept the judgment of history.

    Still given the extreme secrecy surrounding even the legal rationale of many aspects of the War on Terror, we may never know if documents are destroyed.