Archive for the ‘Foreign Policy and National Security’ Category

Will Obama Comply with the War Powers Resolution?

Six Republican senators are challenging President Obama’s authority to conduct an open-ended war in Libya without congressional authorization. The six conservative lawmakers (Rand Paul (R-KY), Jim DeMint (R-SC), Mike Lee (R-UT), Ron Johnson (R-WI), Tom Coburn (R-OK), and John Cornyn (R-TX)) sent a letter to the president on May 18th asking if he intends to comply with the War Powers Resolution. The full text of the letter can be found here.

The law stipulates that the president must terminate military operations within 60 days, unless Congress explicitly authorizes the action, or grants an extension. The clock on the Libya operation started ticking on March 21, 2011. Congress has neither formally approved of the mission, nor has it granted an extension. Therefore, the 60-day limit expires tomorrow, May 20th.

Last week at The Skeptics, I noted Deputy Secretary of State James Steinberg’s testimony before the Senate Foreign Relations Committee, in which he suggested that the administration wanted to comply, but was consulting with Congress about how to do so. The New York Times presented some of the creative ideas that the administration was considering in order to adhere to circumvent the law. But the senators can read the Times, too. In their letter to the president, they write:

Last week some in your Administration indicated use of the United States Armed Forces will continue indefinitely, while others said you would act in a manner consistent with the War Powers Resolution. Therefore, we are writing to ask whether you intend to comply with the requirements of the War Powers Resolution. We await your response.

Let me be clear about one thing: I’m not a huge fan of the War Powers Resolution, per se. To me, it is silly, sort of like a law that affirmed the Congress’s authority to levy taxes, borrow and coin money, and establish Post Offices. In the same section where these powers are delegated, the Constitution clearly stipulates that Congress shall have the power to declare war. So why does there also need to be legislation?

Most presidents have complied with the spirit of the War Powers Resolution, but more out of deference to the notion that Congress has some role in whether the United States goes to war, not out of genuine conviction that Congress does/should have the most important role in deciding such things. By all appearances, President Obama is bypassing the charade.

I anxiously await his response to the senators’ letter, and am likewise curious to see if other senators raise questions about the administration’s intentions.

The President’s Next Middle East Speech

The news media is abuzz with speculation about what President Obama will say in an address this Thursday at the State Department. The topic is the Middle East, and White House Press Secretary Jay Carney explained, “we’ve gone through a remarkable period in the first several months of this year…in the Middle East and North Africa,” and the president has “some important things to say about how he views the upheaval and how he has approached the U.S. response to the events in the region.” The speech, Carney hinted to reporters, would be “fairly sweeping and comprehensive.”

If I were advising the president, I would urge him to say many of the same things that he said in his June 2009 speech in Cairo, this time with some timely references to the recent killing of Osama bin Laden, and an explanation of what the killing means for U.S. counterterrorism operations, and for our relations with the countries in the region.

Bin Laden and Ayman al-Zawahiri, al Qaeda’s long-time number two (now, presumably, its number one) railed for years about overthrowing the “apostate” governments in North Africa and the Middle East. And yet, one of the biggest stories from the popular movements that have swept aside the governments in Tunisia and Egypt, and may yet do so in Libya, Syria, Yemen, and Bahrain, is al Qaeda’s utter irrelevance. President Obama won’t need to dwell on this very long to make an important point.

The killing of Osama bin Laden doesn’t signal the end of al Qaeda, but it might signal the beginning of the end. In reality, al Qaeda has been under enormous pressure for years, but that hasn’t stopped the organization from carrying out attacks—attacks which have mainly killed and injured innocent Muslims since 9/11. It is no wonder that al Qaeda is enormously unpopular in the one place where bin Laden and his delusional cronies sought to install the new Caliphate. How’s that working out, Osama?

Al Qaeda had nothing to do with the reform movements that have swept across North Africa and the Middle East; the United States has had little to do with them either. That is as it should be. These uprisings were spontaneous, arising from the bottom up, and they are more likely to endure because they were not imposed by outsiders. Sadly, the same will not be said of the Libyans who rose up against Muammar Qaddafi, without any special encouragement from the United States. If the anti-Qaddafi forces ultimately succeed in overthrowing his four-decades long rule, President Obama’s decision to intervene militarily on their behalf ensures that some will question their legitimacy. The same would be true in Syria, or in Iran, if the United States were seen as having a hand in selecting the future leaders of those countries.

Barack Obama was elected president in part because he publicly opposed the decision to go to war in Iraq at a time when many Americans, including many in his own party, were either supportive or silent. He had a special credibility with the American people, and among people in the Middle East, because he worried that the Iraq war was likely to undermine American and regional security, cost hundreds of billions of dollars, and claim many tens of thousands of lives. Tragically, he was correct.

There is a right way, and a wrong way, to go about promoting human freedom. In Thursday’s speech, I hope that the president reaffirms the importance of peaceful regime change from within, not American-sponsored regime change from without.

The United States remains, as it has been for two centuries, a well-wisher to people’s democratic aspirations all over the world. But we learned a painful lesson in Iraq, and we should be determined not to repeat that error elsewhere. That is a message worth repeating, both for audiences over there, and for those over here.

Cross-posted from The National Interest

Top NSA Mathematician: ‘I should apologize to the American people. It’s violated everyone’s rights.’

If you’re a telecommunications firm that helped the National Security Agency illegally spy on your customers without a court order, Sen. Barack Obama will happily vote for legislation he once promised to filibuster in order to secure retroactive immunity. If you’re implicated in the use of torture as an interrogation tactic, you can breathe easy knowing President Barack Obama thinks it’s in the country’s best interests to “look forward, not back.”  But if you were a government official spurred by conscience to blow the whistle on government malfeasance or ineptitude in the war on terror?  As Jane Mayer details in a must-read New Yorker article, you’d better watch out! This administration is shattering records for highly selective prosecutions under the espionage act—and the primary criteria seems to be, not whether national security was harmed in any discernible way by your disclosures, but by the degree of embarrassment they caused the government.

The whole thing is fascinating, but I’m especially interested in the discussion of how electronic surveillance tools that came with built-in privacy controls were tossed in favor of more indiscriminate programs that, by the way, didn’t work and generated huge cost overruns. The most striking quotations come from disillusioned Republican intelligence officials. Here’s Bill Binney, a top NSA mathematician and analyst, on the uses to which his work was put:

Binney expressed terrible remorse over the way some of his algorithms were used after 9/11. ThinThread, the “little program” that he invented to track enemies outside the U.S., “got twisted,” and was used for both foreign and domestic spying: “I should apologize to the American people. It’s violated everyone’s rights. It can be used to eavesdrop on the whole world.”

One GOP staffer on the House Intelligence Committee recounted an exchange with then-NSA head Michael Hayden:

[Diane] Roark, who had substantial influence over N.S.A. budget appropriations, was an early champion of Binney’s ThinThread project. She was dismayed, she says, to hear that it had evolved into a means of domestic surveillance, and felt personally responsible. Her oversight committee had been created after Watergate specifically to curb such abuses. “It was my duty to oppose it,” she told me. “That is why oversight existed, so that these things didn’t happen again. I’m not an attorney, but I thought that there was no way it was constitutional.” [....] She asked Hayden why the N.S.A. had chosen not to include privacy protections for Americans. She says that he “kept not answering. Finally, he mumbled, and looked down, and said, ‘We didn’t need them. We had the power.’ He didn’t even look me in the eye. I was flabbergasted.”

Remember, these aren’t hippies from The Nation,, or ACLU attorneys, or even (ahem) wild-eyed Cato libertarians. They’re registered Republicans appalled by the corruption of the intelligence mission to which they’d devoted their professional lives.

Flynn’s ‘Recalibrating Homeland Security’

The May/June issue of Foreign Affairs focuses on “The New Arab Revolt” (also the focus of an event at Cato a month ago). Some of the articles have a touch of datedness because they refer to the continuing pursuit of Osama bin Laden. But not so Stephen Flynn’s “Recalibrating Homeland Security,” ($) a terrific discussion of how the federal government’s post-9/11 policies have failed to meet the challenge of terrorism. Flynn throws a sentence at the living icon of al Qaeda, but the insights of his article are well worth taking in.

Most insightfully, Flynn theorizes just why it is that “nearly a decade after al Qaeda struck the World Trade Center and the Pentagon, Washington still lacks a coherent strategy for harnessing the nation’s best assets for managing risks to the homeland—civil society and the private sector.”

During the Cold War, the threat of nuclear war with the Soviet Union required “a large, complex, and highly secretive national security establishment.”

To an extraordinary extent, this same self-contained Cold War-era national security apparatus is what Washington is using today to confront the far different challenge presented by terrorism. U.S. federal law enforcement agencies, the border agencies, and the Transportation Security Administration (TSA) are subsumed in a world of security clearances and classified documents. Prohibited from sharing information on threats and vulnerabilities with the general public, these departments’ officials have become increasingly isolated from the people that they serve.

This helps explain TSA’s effrontery with travelers, the “secrecy reflex,” and the ongoing risk of overreaction. Flynn stresses that focusing on resiliency will do our country much better than those brittle, fear-backed political demands for 100% protection.

“Read the whole thing” is a bloggic accolade that I use sparingly, recognizing the limits on readers’ time. At a brief 10 pages, despite the hurdle of having to log in/buy access to the article, Flynn’s “Recalibrating Homeland Security” gets my: Read the whole thing.

Data on Military Compensation

There is an interesting article posted over at the blog Hegemonic Obsessions discussing the need to reform military pay and benefits. One need not agree with the author’s suggestion that the U.S. Army might go the way of General Motors to understand his broader point: personnel expenses are consuming a larger and larger share of the DoD’s budget. Indeed, this has been one of Defense Secretary Robert Gates’ leading complaints for years.

The article provides some of the details:

The Defense Business Board estimates the average cost of a military member at $80,004 per year. Thankfully the military is made up mostly of junior enlisted personnel who leave the service well before they are eligible for a pension. There are, however, 1.9 million military retirees receiving an average of $47,000 per year in pension payments. This does not include their healthcare benefits.

And, just as was true for the pre-bankruptcy auto industry, there are more military retirees than soldiers, sailors, airmen, and marines on active duty. While it may be unpleasant to hear, the system is unsustainable. The military may very well collapse under its own personnel costs. In part, reform has stalled because any voice that questions military pay and benefits is tarred and feathered as unpatriotic.

Americans are understandably proud of the men and women who serve in our military. They endure enormous hardships, including long periods of separation from their families and exposure to all manner of hostile environments. They represent many of the finest attributes of this country. No wonder that the military is regularly cited as the most respected institution in national polls. I’m a little embarrassed to be counted a “veteran” — which is technically true — when many of the men and women with whom I graduated, or served, have stayed in the military for 20 years or more. At least one friend didn’t come home. They are the real heroes.

But while we can and should be proud, we shouldn’t be stupid. The author is right: the system is unsustainable. If we are going to get a handle on rising personnel costs, we must either reform the manner in which pay and benefits are distributed, or reduce the number of personnel. If we are to do the latter (and I think that we should) then we need to rethink roles and missions, and ask less, not more, of the men and women who remain in the service. (See Gen. Raymond Odierno’s recent comments on that score.)

If we succeed in restraining Washington’s interventionist impulses, and draw down the number of active-duty personnel to levels that prevailed in the late 1990s, the end result might be an even more elite force than the one that we have today. The future force would include individuals earning salaries that are competitive with the private sector, which is essential for maintaining the all-volunteer force. And that force would be more than sufficient to protect us from the real but manageable threats of the next few decades.

House Approps Strips TSA of Strip-Search Funds

The fiscal 2012 Department of Homeland Security spending bill is starting to make its way through the process, and the House Appropriations Committee said in a release today that “the bill does not provide $76 million requested by the President for 275 additional advanced inspection technology (AIT) scanners nor the 535 staff requested to operate them.”

If the House committee’s approach carries the day, there won’t be 275 more strip-search machines in our nation’s airports. No word on whether the committee will defund the operations of existing strip-search machines.

Saving money and reducing privacy invasion? Sounds like a win-win.

A Race against Time or a Race to Civil War?

The drawdown of U.S. forces from Afghanistan will start this July, with a complete withdrawal of “combat troops” by the end of 2014. The newly emerging conventional wisdom, however, is that Afghan security forces are not ready to take over responsibility, since serious efforts to strengthen those forces only really began in 2009. But rather than validate an open-ended mission to build national institutions in Afghanistan, looming problems in the hand-off from foreign to indigenous forces epitomize the flawed process of state building.

The 285,000-strong Afghan army and police, under the authority of the Ministries of Defense and Interior, respectively, are expected to increase to a total of 305,000 by this October. However, numbers tell only part of the story.

In a new report entitled “No Time to Lose,” British charity Oxfam and three other NGOs warn that the army and police, collectively known as the Afghan National Security Forces (ANSF), account for a substantial portion of harm inflicted on Afghan civilians. “At least 10 percent of Afghan civilians killed in the conflict in 2010 were killed by their own security forces,” according to the report. Aside from casualties, violations of human rights, including sexual abuse of children, mistreatment of detainees, and cruelty inflicted on villagers by local police, who many Afghans consider criminal gangs, illustrate the full extent of the problem.

Even worse, while the justice systems function swimmingly for those with “political connections,” the vast majority of Afghans have little recourse to stop such abuses because, “There is no satisfactory mechanism by which an individual can lodge a complaint against the ANSF.”

As the saying goes, “no justice, no peace.” And, as I learned during a trip to Afghanistan last year, many Afghans, especially those living in rural subsistence areas, seek redress for communal disputes by turning to their local district mullah. He provides basic security and rudimentary justice and, more often than not, doubles as a Taliban operative. Because the national government is either profoundly incompetent or entirely absent in many areas, those classified as “insurgents” by U.S. forces pick up the slack and provide for the practical needs of local people.

Read the rest of this post »

The Defense Authorization Bill Is Awful

If you like bloated nuclear arsenals, executive discretion to wage endless war, large checks to countries that aid our enemies, and institutionalizing hostility toward gays in the military, you will love the defense authorization bill passed yesterday by the House Armed Services Committee. Below are the lowlights. For slightly better news from the Appropriations Committee on homeland security spending, skip to the end.

  • The bill contains a provision replacing the 2001 Authorization for Use of Military Force against the perpetrators of the 9/11 attacks and their hosts. The Committee evidently found that legislation, which the last two administrations have used to justify all manner of power grabs, insufficiently open-ended. They add groups “affiliated” with al Qaeda and the Taliban to the list of certified enemies. Though disinterested in authorizing the war in Libya, the Congress may now give the President new authority to start new ones. Somewhere John Yoo is ruefully imagining all the creative ways he could have affiliated bombing targets with al Qaeda and Taliban. Certainly Pakistan would qualify, given its barely hidden support for elements of the Taliban and the suspicion that some of its intelligence agents have a “don’t ask, don’t tell” policy on the whereabouts of al Qaeda leaders.
  • Nonetheless, the bill authorizes all $1.1 billion in military aid requested for Pakistan. An amendment intended to trim it failed.
  • Speaking of Don’t Ask Don’t Tell, the Committee’s Republicans are determined to prevent its repeal from letting homosexuals feel comfortable in uniform. The bill outlaws gay marriage on military facilities. It also defines “marriage” in military regulations as the union of a man and a woman. The aim is to deny marriage benefits to gay couples. The bill also includes a provision sponsored by San Diego Republican Duncan Hunter that would keep Don’t Ask Don’t Tell in place until all four service chiefs agree that it will not impair combat effectiveness. That last provision will not become law, but it sends unfortunate messages. Beyond its implication that gays undermine military effectiveness, it reflects a tendency to defer to the wishes of the force on issues of its composition and use, at least rhetorically. That tendency erodes the traditional U.S. view of civil-military relations, driving a wedge between the military and the society it serves.
  • The bill contains several measures that will prevent future cost savings. It would block the executive branch from reducing nuclear weapons force levels in various ways unless the secretaries of defense and energy certify that the White House makes good on its offer of increased nuclear weapons modernization funding. Incidentally, the administration promised those funds in exchange for New START treaty votes that Senator Jon Kyl (R-Arizona) did not deliver, including his own. The bill would buy the Army more Abrams tanks than it wants, to keep the production line open. It requires the government to remain prepared to build the Joint Strike Fighter’s second engine and would reopen competition between the two engines should the administration request more funds for the first (Pratt & Whitney) engine, which seems likely.
  • The Committee made a modest effort to control government health care costs by mildly increasing annual premiums for retired military of working age. That’s progress. Premiums have not increased in 15 years. They are low enough that many retirees keep Tricare, the Military Health System coverage, rather than getting private health care via their new employer, thus shifting costs onto the taxpayer. But the Committee rejected the administration’s effort to peg future premium increases to medical costs rather than general inflation.

The full House or Senate will likely eliminate most of the damage. The taxpayer will get no relief from the House Appropriations Committee, however, which just released its planned spending levels for FY2012.  Defense will grow by about $17 billion from FY 2011, not including the wars, Department of Energy nuclear weapons spending, and military construction. No surprise there.

House appropriators deserve credit, however, for keeping the bloated Department of Homeland Security budget on the cutting board. The National Journal reports that appropriators would give the department $40.6 billion—$1.1 billion less than last year and $2.7 less than it requested. The bulk of the cuts come by providing less than half ($1.7 billion) of the requested spending for local security grants. The grants would now be distributed at the department’s discretion rather than requiring them to go to certain subcategories (e.g., ports) and using a formula to insure that every state get a taste.

Hopefully this is a step toward eliminating federal homeland security grants, which have grown into a seemingly permanent subsidy even for regions where the terrorism threat is wildly remote. If states think it worth sacrificing something to buy local counterterrorism capabilities, they ought to pay for it with their own budgets. Federalization of the spending takes those decisions from those in the best position to weigh local priorities and encourages states and cities to chase federal dollars by exaggerating their peril.

Law Professors against “Tyrannophobia”

Over at the American Conservative, I have a review of Eric Posner and Adrian Vermuele’s new book Executive Unbound: After the Madisonian Republic. Funny enough, the working title for my book on presidential power was “Executive Unbound,” but P&V have a very different take on the dangers of concentrating power in the executive (they coin the term “tyrannophobia,” for irrational fear of executive abuse).

From the review’s intro:

The New York Times book editors assigned their review to the Straussian political philosopher Harvey Mansfield, the self-styled expert on “manliness” who’s as rabid a supporter of the imperial presidency as you’re likely to find. In the late Bush era, Mansfield wrote a 3,000-word Wall Street Journal op-ed, “The Case for the Strong Executive,” arguing that defects in the rule of law ‘‘suggest the need for one-man rule.”

Yet even Mansfield blanched at Executive Unbound’s case for unbridled presidential power. He began his review by noting indignantly, “Eric A. Posner and Adrian Vermeule, law professors at Chicago and Harvard, respectively, offer with somewhat alarming confidence the ‘Weimar and Nazi jurist’ Carl Schmitt as their candidate to succeed James Madison for the honor of theorist of the Constitution.”

Gott im Himmel! A book that embraces a leading “Nazi jurist,” applauds the American presidency’s liberation from law, and is apparently hardcore enough to scare manly Harvey Mansfield? What sort of work is Executive Unbound? A Satanic Bible for worshippers of the strong presidency? The black-metal version of John Yoo?

As I dug into the book—while Tomahawk missiles rained down on Libya in yet another unauthorized presidential war—that’s what I was expecting. But Posner and Vermuele have produced something very different and, quite to my surprise, I liked it.

You can read the rest here.

Two Cheers for Iraqi Nationalism

What Does This Mean? (Reuters/Ceerwan Aziz)

Today’s New York Times has a piece on the running discussion in Iraq about the prospect of U.S. military withdrawal from their country. As the article highlights, the discussion itself “reflects a nation still struggling with issues of sectarian identity, national pride, and how to secure its future.”

One of the few things former President Bush said about Iraq that I agreed with was his claim on Al Arabiya in 2005 that “the future of Iraq depends on Iraqi nationalism and the Iraq character—the character of Iraq and Iraqi people emerging.”

In general, I am not very fond of nationalism, but if you want to hold together a country of 25 million people, especially when they have been riven by decades of sectarian strife, a living-memory civil war, a variety of identity politics divides, and disputes over the rents from natural resources, you could probably use some. (Maybe we could find a way that a very diverse coalition of Iraqis could chase us out.)

As the article indicates, there are a range of views about the prospect of American withdrawal. One Iraqi remarks hopefully that “I prefer that the U.S. forces leave Iraq because then extremists wouldn’t have an excuse to carry guns.” A follower of Muqtada al-Sadr remarks that “Whatever [Sadr] says, we will do. We will keep on resisting until the last days of our lives.” An intellectual remarks that if American military forces leave, “the sectarian conflict between Iran and the rest of the Arab countries will seep into Iraq because the Iranians will try and make the Shiites more powerful and the Arab countries will support the Sunnis. This will lead to a sectarian war.”

Several of the Iraqis interviewed were profoundly cynical about American intentions, believing that the United States would try to stick around for various selfish reasons. At a time when political leaders like Sen. Lindsey Graham, Rep. John Boehner, and others are suggesting that we need to find a way to stay in their country, can you really blame the Iraqis for feeling a bit cynical?

Regardless, the future of Iraq will ultimately turn on whether Iraqis decide that there is such a thing as Iraq, and if so, whether they should identify strongly with it and be loyal to it. The fact that the jury is still out on those questions more than eight years after we changed the regime speaks volumes about the folly of the war in the first place.

Domestic Military Detention Isn’t Necessary

I make the case that domestic military detention for all terrorism suspects isn’t necessary in this piece over at the Huffington Post. Legislative proposals by Rep. Buck McKeon (R-CA) and Sen. John McCain (R-AZ) would mandate military detention instead of criminal prosecution for all those suspected of international terrorism. I oppose this policy change for reasons both principled and practical:

If the civil rule of law handles terrorist threats adequately, then invoking military jurisdiction is a counterproductive overreaction.

That was the case with one of the handful of domestically detained enemy combatants, Ali al-Marri. Al-Marri was an honest-to-goodness Al Qaeda sleeper agent masquerading as an exchange student. The FBI indicted him on charges that could have carried a 115-year maximum sentence. The government requested that the judge dismiss its charges with prejudice, meaning that they could not be levied again, and moved him to a naval brig.

The Supreme Court ultimately agreed to hear al-Marri’s case, but the government mooted the case when it removed al-Marri from military custody and charged him with material support of terrorism. Al-Marri pleaded guilty and received a sentence of eight years and four months.

Al-Marri’s case was a missed opportunity. The government should have put him away for life.

This isn’t the first time McKeon and McCain have proposed treating all terrorism suspects like al-Marri and Jose Padilla. I criticized a similar proposal a year ago, as did Ben Wittes of the Brookings Institution. Wittes’ criticisms of this year’s bad ideas are here and here. Given the excellent track record of federal courts in prosecuting terrorism cases and the recent death of bin Laden, now is not the time to roll back the civil rule of law.

How Bush Lost bin Laden

By spring 2002, less than a year after the initial U.S. invasion of Afghanistan, President George W. Bush decided to pull most of America’s Special Operations Forces and CIA paramilitary operatives off the hunt for Osama bin Laden so they could be redeployed for a possible war in Iraq. I’ve written about this before, but I did not know the extent to which the war in Iraq contributed to our loss of bin Laden until I read this piece from the Washington Post:

The American campaign [in Afghanistan] was conducted primarily from the air. Despite the pleas from CIA operatives, U.S. officials were reluctant to send in ground troops to flush out bin Laden. They told officers on the ground in Afghanistan that Pakistani troops would help them, cutting off bin Laden if he tried to cross into their country.

First, why would the Bush administration rely on a foreign government to capture Osama bin Laden, only weeks after 9/11? Second, of all the foreign governments to rely on, why would it be Pakistan, the country that during the seven-year period leading up to 9/11 was actively funding, arming, and advising Afghanistan’s ruling Taliban regime that harbored Osama bin Laden? But it gets worse:

But in early December, over lunch at his palace in Islamabad, Pakistani President Pervez Musharraf made it clear to U.S. officials that he did not want to commit troops unless the Americans would help transport them to the border by air. According to Wendy Chamberlin, then the U.S. ambassador to Pakistan, Musharraf told her and Gen. Tommy R. Franks, commander of U.S. Central Command: “I’d put the troops in trucks, but that’ll take weeks. Could you give me air support?”

Franks would not comment for this article, but according to Chamberlin he was noncommittal about air support. Only later did she learn that the general was already “planning for Iraq,” she said. “Even if he could have helped out, he was already starting to have to reshuffle.”

Whatever one thinks about Musharraf, my problem lies primarily with Bush. The article explains:

A few months after Tora Bora, as part of the preparation for war in Iraq, the Bush administration pulled out many of the Special Operations and CIA forces that had been searching for bin Laden in Afghanistan, according to several U.S. officials who served at the time.

Even the drones that U.S. forces depended on to track movements of suspicious characters in the Afghan mountain passes were redeployed to be available for the Iraq war, Lt. Gen. John Vines told The Washington Post in 2006. Once, when Vines’s troops believed they were within half an hour of catching up to bin Laden, the general asked for drones to cover three possible escape routes. But only one drone was available — others had been moved to Iraq. The target got away.

That’s right folks! The Bush White House lost whatever opportunity it had to get bin Laden by diverting scarce resources to  Iraq. Of course, it should go without saying that even if America hadn’t gone into Iraq, it would’ve been difficult for Bush to have captured or killed bin Laden. But what really “grinds my gears” is to hear members of the Bush team claim credit for bin Laden’s recent demise—torture was “critically important”—while simultaneously ignoring their culpability for not helping to capture bin Laden when they had the chance.

Aside from the military, other vital resources were spread thin. Iraq diverted international funds, journalistic resources, public attention and criticism, and adequate Congressional oversight. Iraq also dealt a severe blow to NATO’s unity of effort in Afghanistan. U.S. Defense Secretary Robert Gates said that many European allies “have a problem with our involvement in Iraq and project that to Afghanistan.” Those forthright remarks were echoed by Dr. William Maley, Professor at Australian National University, and Mr. Daoud Yaqub, Research Scholar at Australian National University. “[T]o many observers in Europe,” say Maley and Yaqub, “Iraq is a war of choice, and as a result Europe has no particular duty to shoulder a heavier burden in Afghanistan. The Afghan government and people are victims of this tension.”

Thank you, Mr. Bush, Mr. Rumsfled, Ms. Rice, et al. for taking your eyes off the ball.

Cross-posted from The National Interest

Martin Feldstein on the Defense Budget

Martin Feldstein, a distinguished economist and a former colleague, made a surprising case for maintaining a large U.S. defense budget, despite a huge federal budget deficit, in the annual Irving Kristol lecture Tuesday night at the American Enterprise Institute.

On one point, he was clearly right: we can afford it. “There is no danger of bankrupting ourselves by so-called ‘imperial overreach’ when we spend less than 5 percent of GDP on defense” (in fact, 5.6 percent of GDP in 2010).

But he failed to make a convincing case that we should spend this much for defense, especially given the dire outlook for federal deficits and the debt. In 2010, U.S. real (inflation-corrected) spending for national security was over twice the annual spending during the Ford and Carter administrations and over 40 percent of total current world defense spending. What conditions, what national objectives, might justify continued U.S. defense spending of this or a higher magnitude?

Feldstein first plays the China card, arguing that “The United States should maintain a military capability such that no future generation of Chinese leaders will consider a military challenge to the United States or consider using military force to intimidate the United States or our allies,” maybe forgetting that a much weaker China successfully challenged us in Korea in the early 1950s. He next makes the case for the importance of a global military presence, arguing that “We have to make it clear by our budgets and by our actions that we are the global force now and will continue to be that in the future.” And finally, “we have to ask ourselves whether we have a moral obligation to defend our allies. …. There are those who say the United States should not be the global policeman. But if not us, who? As the only democratic superpower with the ability to defend and punish, do we not have a moral obligation to be willing to use that power?” All of this assumes without argument or evidence that it is important for the world to have a global policeman, that we can play this role effectively, and that it is a moral obligation for the United States to serve in this role.

The U.S. military had a central role in the most important strategic development since World War II — prevailing in the Cold War against the (former) Soviet Union. But it is critical to recognize that our military has not been very effective as a global policeman or nation builder. The Korean War ended in a draw, leaving a despotic communist government, now with nuclear weapons, in control of North Korea. After 20 years of a U.S. military presence, we abandoned Vietnam to a communist government that now controls most of southeast Asia. The U.S.-sponsored invasion of the Bay of Pigs was defeated, leaving a communist government in control of a large island 90 miles from Florida. U. S. forces have now been in Afghanistan for nearly 10 years without securing it from lightly armed local forces without significant external support. And U.S. forces have now been in Iraq for over eight years without securing it from frequent terrorist attacks.

I wonder what evidence Feldstein or anyone else would offer to support a view that the United States has a comparative advantage as the global policeman. Most of our allies can afford higher defense spending if our support is reduced. The total GDP of the European Union is higher than the U.S. GDP. The GDP of South Korea is many times that of North Korea. There is no obvious calamity that would result if the U.S. contribution to the collective defense with our allies were reduced.

Yes, we can afford a large defense budget, and national security is one of the few federal programs for which there is clear constitutional authority. But like the budgets for most other federal programs, the defense budget is too large. So a substantial reduction of the defense budget should be on the table in any serious effort to avoid a fiscal collapse, a threat that is more serious and more urgent than any that might be effectively countered by trying to maintain the role of a global policeman.

On Prisoner Treatment and Interrogation

Matthew Alexander, former senior military interrogator in Iraq, says the abuse and torture of prisoners hurt the U.S. by giving up the moral high ground.  He says the policy also helped al-Qaeda recruit and very likely slowed the effort to find bin Laden.

More here, here, and here.

What Not to Learn from bin Laden’s Killing

The tendency to treat Osama bin Laden’s killing as national holiday akin to V-E day is both understandable and unfortunate. Everyone with a sense of justice appreciates the death of mass murderers, particularly the terrorist sort. But celebrating as if we killed Hitler or won a war plays into al Qaeda’s self-serving myth. Paul Pillar put it well:

An unfortunate irony of the huge reaction to the killing of Bin Ladin is that it continues to give him in death what he worked so hard to achieve in life: the status of arch foe of the most powerful nation on earth. It is a status that conforms with Bin Ladin’s narrative of himself as the leader of the Muslim world, protecting that world against the predations of the Judeo-Christian West, the leader of which is the United States.

We should also avoid drawing sweeping conclusions about our counterterrorism policies from Osama bin Laden’s death. We typically overgeneralize about important events. After the September 11 attacks, for example, even defense analysts tended to interpret al Qaeda’s capability largely through the purview of that plot, rather than treating it as a particularly important data point in al Qaeda’s history. The myopic take made al Qaeda seem far more capable than it was. With that in mind, here are several things that bin Laden’s death either cannot tell us much about or will not tell us much about until more information surfaces.

1. The war in Afghanistan. There are many reasons we should draw down in Afghanistan, but the bin Laden raid offers little intellectual ammunition for either side of the war debate. The intelligence that led to Abbottabad came years ago, from prisoners outside Afghanistan and operations in Pakistan. The helicopters flew from a base in Afghanistan, but it didn’t take a decade of war and a massive ground force to get that. The fact that bin Laden was living in an area of Pakistan where the state was relatively strong does nothing to support the idea that we should fight wars trying to build authority in ungoverned regions lest terrorists gain haven there.

But the fact that Sunday’s events do not serve pro-war arguments does not show logically, the correctness of the anti-war position, which is mine. The pro-war argument, flawed as it is, depends on other claims (i.e. terrorists will gain haven in Afghanistan if we draw down) that bin Laden’s death does not affect. That something is not an orange does little to tell you whether it’s a pear. Hopefully, however, bin Laden’s death may make it easier, politically to get out of Afghanistan.

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The President Has an Opportunity on Afghanistan. Will He Use It?

AP Photo/David Guttenfelder

There are not going to be many better opportunities to change course in Afghanistan than the one presented by the killing of Osama bin Laden in Abbottabad. It may be worth highlighting how ripe an opportunity this is:

  1. The politics on the Hill are changing. It probably comes as no surprise that Reps. Walter Jones (R-NC) and Jim McGovern (D-MA) would like to end the Afghanistan war, but their “Afghanistan Exit and Accountability Act” has brought on co-sponsors like Tea Party stalwarts Reps. Jason Chaffetz (R-UT) and Justin Amash (R-MI). This means that in the days and weeks to come, there will be Republicans on television and radio making the case for withdrawal. That could have a profound effect on where the debate goes from here. On the Senate side, establishment Republican graybeards like Richard Lugar (R-IN) seem to be indicating that their patience is wearing out.
  2. Wired-in reporters like Time‘s Joe Klein are saying that they believe dramatic drawdowns are coming. Here he goes so far as to suggest that the United States may draw down to roughly 20,000 troops before the end of next year.
  3. Gen. Petraeus is going to have a very full plate running the CIA, and will have his attention focused on running the sorts of operations like the one Sunday that got bin Laden. Moreover, his replacement, Gen. John Allen, is a Marine, which Tom Ricks suggests makes him “likely to be skeptical of Army support structure, and…likely [to] be comfortable with an austere infrastructure during the U.S. drawdown in Afghanistan.”
  4. Silly statements by political leaders could misinform the public in useful ways. It was absurd for Rudy Giuliani to say that getting bin Laden was “like taking out Hitler,” but if frames like World War II keep coming up, and if the war against al Qaeda is thought of in analogy with wars against powerful states, historically, once you get the head guy, the war’s over. Everyone knows that’s not the case with a maintenance problem like terrorism, but the public, like Giuliani, is probably casting about for some place where we can call this thing over and move on.
  5. The neoconservatives and liberal imperialists’ numbers have thinned and they have spread themselves too thinly. Between Iraq, Libya, and Afghanistan, the public seems to be tired of war. And my impressionistic sense is that the public increasingly has had it with the median writer at the New Republic or Weekly Standard.
  6. The giant debt. The fact is that cutting military spending can’t singlehandedly solve the long-term debt problem, but the zeitgeist of the day, austerity, has a way of clarifying minds about whether using their children’s credit card to pay $100-plus billion per year for a nation-building mission in Afghanistan is really worth the cost.

In short, the president has increasing political cover, a clear pivot point, a widely-appreciated need, public deference, and sound strategic logic for dramatically scaling back in Afghanistan. If he spends a nickel of every dollar of political capital he spent on Obamacare, he can do this. On the other hand, if he fails to seize the opportunity, he’ll have no one to blame but himself.

If he needs some ideas, he could start here or here.

Let’s Not Go to the Video

Not that I think it will happen for the next several days, but it’s time for the chattering class to move past the White House’s decision not to release death photographs of Osama bin Laden.

The focus on this largely media-driven issue is an unnecessary distraction from what should be a broader discussion about the direction of U.S. counterterrorism efforts. Photographic evidence is not necessary to establish Osama bin Laden’s death. Al Qaeda has not disputed that its founder and leader is, in fact, dead. And photographic evidence has not stopped the conspiracy theorists from claiming that Americans never landed on the moon. If anything, AQ might wish for the photos to be released to keep the focus on them, and on bin Laden. Pakistan’s civilian and military leaders might prefer Americans to be talking about photos, and not the mounting evidence that Pakistan has been playing a double game. 

 But that is all speculation. The rest of the world seems to want to move beyond the actions of this mass murderer and his organization, and Americans should want that as well. We should revisit all of our policies pertaining to counterterrorism. We should review the policies and procedures that allowed U.S. personnel to deliver justice to bin Laden. We should examine the effect that similar policies have had on AQ, writ large, and inquire as to whether these should be continued or modified. And we should scrutinize the rationale for keeping 100,000 U.S. troops in Afghanistan. Bin Laden’s killing was not contingent upon the creation of a functioning state in Afghanistan, and effective counterterrorism going forward should not be made contingent on similar nation-building missions.

Bin Laden’s Death and the Debate over the U.S. Mission in Afghanistan

Osama Bin Laden’s death marks a significant achievement in the fight against al Qaeda. It also highlights the fact that our ostensible objective for continuing the war in Afghanistan has been achieved. Although some lawmakers have been quick to claim that bin Laden’s demise proves that our nation-building mission is showing signs of success, others recognize that this momentous achievement justifies scaling down our presence in Afghanistan. Indeed, rather than expansive counterinsurgency campaigns, targeted counterterrorism measures would suffice.

It is encouraging that Republican members of Congress are questioning the mission. Senator Richard Lugar (R-IN), ranking Republican on the Senate Foreign Relations Committee, expressed his concern yesterday:

[Senator Lugar] said Afghanistan no longer holds the strategic importance to match Washington’s investment. He cited recent comments from senior national-security officials that terrorist strikes on America are more likely to be planned in places like Yemen.

Lugar raised concerns that U.S. policy on Afghanistan is focused more on building up its economic, political and security systems. “Such grand nation-building is beyond our powers,” he said bluntly.

Most poignantly, he summed up the problem as such:

With Al Qaeda largely displaced from the country, but franchised in other locations, Afghanistan does not carry a strategic value that justifies 100,000 American troops and a $100 billion per year cost, especially given current fiscal constraints.

These realities have neither shifted the GOP establishment’s talking points on defense, nor the Obama administration’s “stay-the-course” policy in Afghanistan. Nevertheless, this debate, especially among Republicans, is important. As my Cato colleague Ben Friedman has pointed out in original research, the Tea Party Republicans that swept into office last November may have good instincts, but have done little to shift the overarching debate about the efficacy of nation-building. Perhaps increased calls for rethinking the mission will have to come from senior GOP types like Lugar. As my other Cato colleague, Gene Healy, trenchantly notes, “There was always something odd about conservatives jumping from ‘they hate us because we’re free’ to ‘if we make them free, then they won’t hate us.”

Cato scholars have been making the case for de-escalation from Afghanistan for the past several years. Hopefully, more Republicans will recognize, as most libertarians already do, that it is inconsistent to espouse talk of fiscal responsibility and limited government at home while engaging in social engineering and nation-building abroad. More republicans should recognize that there is nothing conservative about wasting taxpayer dollars on a mission that weakens America economically and militarily. As Cato founder and president Ed Crane has argued, it’s time for the GOP leadership to return to its non-interventionist roots.

Since 9/11, America’s mission in Afghanistan has evolved dramatically. It’s gone from punishing al Qaeda and the Taliban to paving roads and building schools. To imagine that the U.S.-led coalition can create a functioning economy and establish civilian and military bureaucracies through some “government in a box” highlights the ignorance and arrogance of our central planners in Washington.

Let’s hope that the landmark death of Osama bin Laden brings a swift end to our ongoing investment and sacrifice.

Release the OBL Photo

A lot of people are asking whether the White House will release photographic proof of Osama bin Laden’s death. It should. The operation to get OBL has been very successful thus far, including the decisions to conduct a raid instead of a standoff bombing and the burial at sea. The latter avoided a repeat of the race to dig up Che Guevara.

The Obama administration should release photos to confirm that we have ended bin Laden’s life. We do not need a decade of OBL sightings and conspiracy theories to undermine the positive steps taken in the last two days. Obama’s birth certificate has been vindicated, and Osama’s revoked. End of story.

And in case you’re wondering, it appears that no informant will qualify for the $25 million OBL award.

After bin Laden

As Chris Preble noted early Monday morning, Osama bin Laden is dead. In addition to celebrating V-OBL Day, we should take a moment to reflect on wars of the last decade and the civil liberties we have sacrificed since September 11, 2001. Malou Innocent makes the case for reconsidering our foreign policy, and Jim Harper asks if he can have his airport back. We lay out these thoughts in more detail in this Cato video, After bin Laden.

The phrase “after bin Laden” has a nice ring to it. Cato held counterterrorism conferences in 2009 and 2010, and there’s more Cato work on counterterrorism and homeland security here.