A Better Way to Prosecute Terror Suspects

The White House today withdrew charges against Abd-Al Rahim al-Nashiri, the al Qaeda operative who lead the attack on the USS Cole in Aden harbor, Yemen in October 2000, and was awaiting trial in a reformed military commission in Guantanamo Bay.

Reasons for the withdrawal remain unclear, but one possibility is that the Obama administration is not comfortable with how rules for the new military tribunal system are being implemented.

As background, on the campaign trail in 2008, then-Senator Obama campaigned against the Bush version of military tribunals.  In office, the president endorsed the 2009 Military Commissions Act, which reformed Bush’s military tribunals by letting, say, the defendant actually cross-examine witnesses and call witnesses in their defense.  (You can read details of the 2009 law, and how it improves Bush’s 2006 iteration, here.)

Any discomfort from the White House may stem from another dropped case this year against a Guantanamo detainee. In May, the Administration scuttled charges against Omar Khadr, a Canadian, when it became uncomfortable with  interpretation of certain legal definitions in the 2009 Act.  Based on the Khadr precedent, one Administration estimate believed up to one-third of the Guantanamo proceedings might be canned on similar grounds.

We’ve been operating in this legal limbo for nearly ten years:  the system for prosecuting terrorism suspects is an ad hoc, inefficient mish-mash of stop-gap solutions.

But there are better solutions. One is “National Security Court,” along the lines of what the – gasp – French have.  Harvey Rishikof made a strong argument for this in PPI’s Memos to the New President:

As a practical matter, however, it will be difficult for you to close Gitmo without an appropriate legal framework for adjudicating terrorism cases.

Such a framework is urgently needed. …

In the French system, an investigating judge is essentially a special prosecutor in charge of a secret, grand jury-like inquiry through which he can file charges, order wiretaps, and issue  warrants and subpoenas. These judges can request the assistance of the police and intelligence  services; order the preventive detention of suspects for six days without charge; and justify  keeping someone behind bars for several years pending an investigation. The judges have  international jurisdiction when a French national is involved in a terrorist act, be it as a perpetrator or as a victim.

Clearly, this is by no means an ideal to be adopted wholesale by the American justice system.  Several of the French magistrates’ powers would run far afoul of proper constitutional safeguards in the United States. It is worth noting, however, at least one benefit of the French  system that we could readily emulate: It has produced a pool of specialized judges and investigators adept at prosecuting terrorist networks.

Of the Bush administration’s many failings in the so-called GWOT, perhaps its greatest is that it never defined the rules of the road to prosecute those who had harmed us.  A National Security Court would right that wrong.

Paying Bad People In Afghanistan

Gasp!  The CIA is paying bad people in Afghanistan!

The New York Times implies there’s a problem with fighting corruption in the Afghan government while paying the corrupt, in this case Mohammed Zia Salehi, the chief administration on Afghanistan’s National Security Council:

Mr. Salehi’s relationship with the C.I.A. underscores deep contradictions at the heart of the Obama administration’s policy in Afghanistan, with American officials simultaneously demanding that Hamid Karzai root out the corruption that pervades his government while sometimes subsidizing the very people suspected of perpetrating it.

That’s not right.  If we begin holding every official in Afghanistan to some vague corruption-based litmus test, the intelligence community would be completely handcuffed: I’d bet you a paycheck that you could pin some sort of corruption charge on every single official in the entire country.

After all, it’s a bit of a Catch-22, right?  If Afghanistan was a graft-free Jeffersonian democracy, CIA wouldn’t have such a need need to recruit unsavory sources like Salehi.  But the country is a mess, and our intelligence community better damn-well have its ear to the ground.  And if we really want to stop corruption at the highest level, Salehi has regular access to the biggest fish of them all:  Karzai.  That’s highly valuable.

I understand the desire to keep things above-board, but tough situations demand hard choices, and paying a well-placed but corrupt source is clearly the lesser evil.

Photo credit: World Economic Forum’s photostream

Combating Al Qaeda as Franchise

U.S. officials say they have al Qaeda on the ropes in Pakistan. Unfortunately, the same can’t be said for al Qaeda’s homicidal ideology, which is spreading to extremists in other Muslim countries. This poses new risks for Americans, and highlights a big hole in President Obama’s counter-terrorism policies.

According to The Washington Post, the Central Intelligence Agency now rates al Qaeda in the Arabian Peninsula, a Yemen-based offshoot, as an even greater threat than Osama bin Laden’s original. Under the “spiritual” guidance of Anwar a-Aulaqi, a cleric and U.S. citizen, AQAP is busy plotting attacks on America, including a failed attempt earlier this year to set off a car bomb in Times Square.

As my colleague Jim Arkedis pointed out yesterday, this doesn’t mean AQAP is capable of staging 9/11-scale attacks on our country. But since Aulaqi also counseled Nidal Malik Hasan, the U.S. Army major accused of gunning down 13 Americans at Fort Hood last year, the AQAP threat seems real enough.

Meanwhile, in the Hobbesian nightmare that is Somalia, another al Qaeda affiliate, Al Shabab, launched a suicide attack this week that killed 32 people at a Mogadishu hotel. Last month, the group claimed responsibility for a massacre of over 70 people watching the World Cup at a bar in neighboring Uganda.

And just last week, al Qaeda’s Iraq franchise launched a suicide attack that killed 57 job seekers at an army recruitment center in Baghdad.

What’s the message in all this carnage? That al Qaeda continues to offer the brand of choice to aspiring jihadists, who are more than willing to use its gruesome tactics to advance their local ambitions.

What can our government do to stop this contagion of suicide and mass casualty terror attacks?

Self-defense requires that we shift some military and intelligence resources to these new hot spots. But unless we want to be drawn into a never-ending game of terrorist whack-a-mole, we also need to do a better job of discrediting the ideology that motivates al Qaeda and its affiliates to kill in Islam’s name.

A trenchant strategy for doing just than is detailed in Fighting the Ideological Battle, an excellent study by the Washington Institute for Near East Studies. It begins with a step that the Obama administration unfortunately has been reluctant to take, for fear of conflating violent extremism and Islam: acknowledging the essentially ideological nature of the terrorist threat. We need to openly contest and challenge the Islamist catalogue of grievances, the better to drive the wedge deeper between them and the decent majority of Muslims who no part of their apocalyptic visions.

Our government also needs an explicit strategy for shoring up failing or fragile states that are particularly vulnerable to extremist violence. It’s no accident that al Qaeda and its offshoots flourish in ungoverned spaces within countries like Yemen, Somalia, Afghanistan and Pakistan.

Finally, we need to keep driving home the essential point about al Qaeda’s growing global franchise: its victims are overwhelmingly civilians, and Muslim civilians at that. That’s why, even as al Qaeda franchises have cropped up, support for terror attacks on civilians has fallen among Muslim publics. And al Qaeda’s vicious tactics have sparked a backlash even from some of the organization’s founders and leading theoreticians. Rather than being overly sensitive about lending credence to the Islamists’ “clash of civilizations” rhetoric, our government should miss no chance to stand in solidarity with the victims of Islamist ideology.

Photo credit: U.S. Army photostream

Is the modern partisan majority dead?

Last weekend, Australia held a national election. And for the first time in 70 years, the land down under is now facing a hung parliament.

While Australia struggles to figure out how to govern itself, it’s worth reflecting on a larger trend: there is now a hung parliament in every major nation that is governed by a winner-take-all, “Westminster model” parliament (For those of you keeping score at home, that’s India, U.K., Canada, Australia, and New Zealand). And just about every other major industrial democracy relies on some version of proportional representation, resulting in multi-party governing coalitions of varying stability.

India obviously is an astoundingly heterogeneous country, so that makes sense. But it’s not immediately obvious why the four Anglo countries should be having such a difficult achieving political consensus these days. It’s enough to make one wonder: have we entered a new era of global politics in which it’s no longer possible for any party to win an electoral majority anymore?

Some quick background: The May U.K. election resulted in the first hung parliament in 36 years. Canada has experienced hung parliaments in every election since 2004, resulting in periods of minority government, though  prior to 2004, it had been 25 years since the voters couldn’t agree on a majority. New Zealand has had minority government since 1996, when the country introduced a mixed member proportional voting system.

And then of course, there is the good U.S. of A. (not a Westminster parliament, obviously, but also a winner-take-all system) where even though Democrats control both Congress and the Presidency, filibuster powers in the hands of an obstructionist minority sure makes it feel like a hung parliament.

But the big U.S. story this election is of course how the voters are growing increasingly sour on both parties, and no matter who winds up in control of the House and Senate come 2011, it’s not like any electoral majority is going to have anything close to a meaningful national mandate.  In the latest National Journal poll 28 percent of all respondents disapproved of both parties, and the number of Independents has been rising over the last six years to the point where the plurality of voters (36 percent) now choose to identify themselves as independents. And even if most independents tend to vote like partisans, the changing self-identification suggests they are less and less happy about it.

And while there are any number of possible explanations (Is it the hyper-adversarial nature of modern politics, stoked by the 24/7 media cycle, in which every trivial tiff is the new Waterloo? Is it something about the grim global economy, and the difficult reckonings that almost all nations are facing on some level?).  One wonders: have we entered a new era in which it is impossible for the majority of any modern nation to come together behind one banner? Is the modern partisan majority dead? And if so, what do we do about it?

Photo credit:  Marxchivist’s photo stream

How Dangerous is al Qaeda in the Arabian Peninsula?

I pity journalists on the terrorism beat.  Take Greg Miller and Peter Finn’s piece in the Washington Post this morning, entitled “CIA sees increased threat in Yemen,” referring to the al Qaeda splinter group called Al Qaeda in the Arabian Peninsula (or AQAP). The journalists’ challenge is to quantify the scale and immediacy of the “threat”, an amorphous term that implies danger, yet remains extraordinarily difficult to quantify.

The story, based on analysis from the CIA, describes AQAP as the “most urgent threat to U.S. Security.”  It’s critical to properly categorize the threat because left undefined, the average American’s basis of comparison for a terrorism is the devastation of September 11th.  Hell, I spent five years trying to brief relatively high-ranking Pentagon officials on this stuff, and 9/11 was their point of departure too.  Nuance is important in defining terrorist threat – without it, government officials tend to over-react, going into CYA-mode (that’d be “cover your ass”) that guards against today’s headline rather than the overall, long-term picture.

Of course, part of the problem is that the CIA source in the article is only willing to go so far with the information he/she provides – sufficing at such vague quotes as “increased threat” and “on the upswing” while pointing to evidence of the group’s prowess that we already have:  the Christmas Day plot and radical cleric Anwar al-Aulaqi’s increasing activity.  Give away more, and the source could  end up busted.

So what are we talking about here?  Does the “increased threat” mean AQAP can pull off a massive terrorist attack on American soil? How far from its base in Yemen can the network reach?  Is it a threat to American only interests in the Middle East region? Is the network confined to smaller attacks? Civilian or military targets? What?

As the article asserts, AQAP may now be more dangerous that Osama Bin Laden’s war-ravaged and hiding clique, but that’s a dangerous comparison to make.  The United States has dedicated nearly ten years to degrading al Qaeda’s core group, and AQAP’s relative strength – and the resources dedicated to combatting them – should be understood within that context.

And that’s why in absolute terms, I wouldn’t lose sleep over AQAP launching a massive, 9/11-style attack against the United States just yet.  That’s because the terrorist threat is measured by marriage of a group’s intentions plus its capabilities: AQAP may really, really want to strike New York (intent), but hasn’t yet developed the operational expertise of training, financing, internal security, and logistics (capabilities) to succeed.

Currently, I’d assess that AQAP  has the intentions and capabilities to threaten American security in two ways: First, we’re likely to see a continuation of small attempts against public targets in the U.S.,  in the mold of the Christmas Day attempt.  These attacks will be launched by single operatives that have plausible cover and legit paperwork to slip over the American border.  However, coordinating a massive terrorist attack with many operatives against thousands of Americans continues to remain several years off.

Second, the group likely does pose a threat to American interests in Yemen or the broader region.  The 10th anniversary of the USS COLE bombing is upon us, which serves as a fitting reminder that Bin Laden’s al Qaeda has successfully executed complex terrorist attacks against hardened American targets in Yemen before.  But until AQAP pulls off an attack of this nature – like an embassy bombing akin to the 1998 attacks in Nairobi and Dar Es Salaam – I can only assess that the group’s ability to project power will remain confined to the region.

In sum, AQAP remains one to watch.  The intelligence community is right to be concerned about the group’s apparently amassing capabilities, but keep in mind that terrorist attacks are often a building-block process: a group must crawl before it can walk, and walk before it can run.

Right now, AQAP seems to be taking its first few steps.  The IC seems to recognize that, and will be working hard to knock it back on all fours.

Photo credit: eesti’s photostream

Zardari Plays the Terrorism Card

When Pakistani President Asif Ali Zardari played the terrorism card Monday appealing for flood relief funds, I had to stop my eyeballs from reflexively rolling back in my head.  Zardari called the flood the “ideal hope of the radical” and cast relief efforts as a struggle between his government and Islamic extremists.  On the surface, it sounds cheap, it sounds disingenuous.  Worse yet, it sounds like something George W. Bush would say.  But desperate to spur the international community and its sluggish financial response to the crisis, Zardari made a calculated pitch framed in stark terms:  help us or the terrorists win.

The thing is, he might just have a point.  The flood might not be the radical’s ideal hope, but there is certainly an opportunity to further divide Pakistani’s allegiances.

Disaster relief is the ultimate test of a government’s competence.  Its citizens are dying, homeless, and starving, and they know where the buck stops.  If the government fails to address basic survival needs, a vacuum in public trust can open almost instantaneously.

On the fifth anniversary of Hurricane Katrina, it’s fitting to examine the dispassionate political parallels.  After winning the 2004 election with 51 percent of the vote, Bush’s approval hovered just shy of 50 percent through mid-2005.  When Katrina hit in mid-2005, his ratings nose-dived from 48 percent in June to 39 percent by November.  After a brief recovery in late 2005, Bush was toast for the rest of his presidency, leaving office with an awesomely bad 23 percent on Election Day 2008.

Zardari has Bush-like unpopularity: the Pew Research Center’s July poll gave him just a 20 percent favorability rating amongst Pakistanis, and a full 77 percent say his influence is downright negative.  Just 25 percent rate the national government as having a “good influence”.

It is safe to say that if Zardari’s government continues to fail delivering swift relief aid, that Pakistanis are ready to support whoever will.  One of those possibilities is Zardari’s chief rival, Nawaz Sharif, who has garnered a tidy 70 percent approval rating and maintains a deep desire to return to the top of Pakistani politics.  While the U.S. should have no great preference for individuals over democratic institutions, a messy political fight in the midst of relief efforts would only cause more suffering.

A more serious concern is the Pakistani Taliban, which could draw on the example of Hezbollah in southern Lebanon.  That group has won hearts and minds in the public services business in southern Lebanon, too.

Zardari may never be America’s best bud, but he understands that it is in Pakistan’s interest to have a working strategic relationship with the United States.  While humanitarian grounds should be enough to motivate the world’s rich countries to give generously to Pakistan, that hasn’t proven the case.  Short-term political instability and Taliban opportunism should be.

Photo Credit: DFID – UK Department for International Development’s photostream

Back to Jaw Jaw in the Middle East

It took a lot of arm-twisting, but Secretary of State Hillary Clinton announced last week that Israel and the Palestinians have agreed to return to the bargaining table. The Obama administration’s faith in the power of diplomacy, which some consider misplaced, is about to face its sternest test.

It’s not hard to find grounds for pessimism. For one thing, Palestinian President President Mahmoud Abbas agreed to participate only under heavy U.S. pressure. He had to give up his demand that Israel continue the freeze on settlements as a precondition for talks, though the “Quartet” (the U.S., Europe, Russia and the United Nations) cooked up a face-saving declaration last Friday.

The agenda for negotiations has been left intentionally vague, so as to give neither side a pretext for refusing to participate. Somehow, the dynamic of face-to-face talks itself is supposed to lead to a peace deal over the next 12 months. Yet there’s been little change in the internal political realities – the West Bank/Gaza split and Netanyahu’s dependence on right-wing coalition partners to govern – that have made this such an unpropitious time for a comprehensive peace settlement.

The operative theory here seems to be that U.S. can more effectively pressure both sides to make concessions – through “bridging proposals” – in the context of direct negotiations. For example, Netanyahu will more likely extend the moratorium on new settlements, lest he be accused of scuttling the talks. U.S. officials also believe that Netanyahu’s hard-liner credentials will make it easier for him to sell a skeptical Israeli public on any deal reached with the Palestinians.

It’s also widely assumed that Abbas needs to demonstrate that his relative moderation and support for a two-state solution can deliver concrete benefits to Palestinians. But if Yassir Arafat, who presided over a more unified Palestinian authority couldn’t bring himself to embrace a two-state deal, its hard to see how a far weaker Abbas can, especially with Hamas looking over his shoulder.

Nonetheless, it’s axiomatic in U.S. diplomatic circles that it’s always better to have the two sides talking than not. The absence of hope for a political solution leaves the field to the radical rejectionists: Hamas, Hezbollah, and Iran.

Maybe so, but two large doubts hang over the coming talks. First, it’s not clear, for either Netanyahu or Abbas, that perpetuating the status quo, for all its frustrations, is a riskier course than making difficult concessions on territory, refugees, the status of Jerusalem and other traditional sticking points. Second, it’s not evident that either leader, even if he thought such risks worth taking, could forge a domestic consensus for a peace deal. So why shove them together now?

The answer may have more to do with America’s efforts to combat radicalism and violent extremism in the region than any profound yearning for peace among Israelis and Palestinians. If so, it’s going to be a long year.

Photo credit: bulletsburning’s photostream

4419

4,419. That’s the number of Americans who have died in Iraq since the 2003 invasion, according to the Pentagon. Tens of thousands more have been wounded, maimed, or traumatized in various ways. And although it’s hard to get an accurate count, it’s likely that more than 100,000 Iraqis have perished.

As U.S. troops head home ahead of President Obama’s Sept. 1 deadline for ending major combat operations in Iraq, it’s worth asking: What did all this sacrifice achieve?

No dispassionate observer can doubt that Iraq, the United States, and the rest of the world are well to be rid of Saddam Hussein, one of history’s worst tyrants. He continually menaced his neighbors, invading two of them (Iran and Kuwait) and launching missiles at a third (Israel). At home, the paranoid dictator presided over a nightmarish police state in which anyone suspected of disloyalty – including school children – were abducted, tortured and murdered by the regime’s vast security apparatus. All told, the Iraqi dictator was responsible for the death of nearly two million people. He was Iraq’s weapon of mass destruction.

It took U.S. troops to free Iraqis from Saddam’s sadistic grip. Despite the many blunders the Bush administration committed following the invasion, that act of liberation is to America’s everlasting credit.

Now it remains to be seen what Iraqis will make of it. It’s easy to be pessimistic. Terrorist acts, though down, are still almost a daily occurrence. Sectarian rivalries have abated somewhat, but still seethe under the surface and could yet fracture the country. Five months after its last elections, Iraqi politicians seem paralyzed, unable to agree on a new government.

But if Iraqi democracy is a mess, even a messy politics is preferable to no democracy at all, as James Traub has argued Slowly, fitfully, a brutalized people have begun to take control of their own destiny. The United States, which will keep an “overwatch” force of 50,000 in the country for another year, still has considerable influence. There’s a reasonable chance that Iraq could continue to evolve into the Arab world’s first functioning democracy.

But even if you grant that the United States has accomplished much in Iraq, many Americans, and not just critics of the war, still wonder whether it was worth the cost. That’s a very different question, and one we’re likely to be debating long after the last U.S. soldier has left Iraq.

Robert Gates, Progressive Conservative

Secretary of Defense Robert GatesDefense Secretary Robert Gates makes an unlikely progressive hero. A holdover from the Bush administration, Gates is an ex-spy and button-down conservative who keeps a portrait of President Eisenhower behind his desk. Yet he’s also warned against the “militarization” of U.S. foreign policy, forced the armed services to adapt to untraditional modes of warfare, and axed major weapons programs.

Republicans like to posture as the scourge of big government, but they’ve long been AWOL in the battle to discipline the biggest, most bloated bureaucracy of them all: the Pentagon. Not so with Gates, who has taken Ike’s farewell warning about “the military-industrial complex” to heart.

Even as he’s presided over America’s wars, Gates has sought to restrain military spending. He has canceled dozens of non-essential programs, saving taxpayers over $300 billion, and has ordered his department to find another $100 billion in administrative savings over the next five years. Going where others have feared to tread, Gates has targeted soaring military health-care cuts. And he’s promised to thin the ranks of top military commanders, whose numbers have mushroomed all out of proportion to recent increases in troop strength.

All this has drawn predictable fire from conservative hawks, for whom any cut in defense spending apparently signals an ominous weakening of national will. However, they’ve found it hard to make the usual “soft on defense” charge stick to George W. Bush’s tough-minded former Pentagon chief.

Some liberals, apprehensive over the possibility of deep cuts in domestic and entitlement programs once unemployment rates fall, want Gates to go a lot further. But until the United States is in a position to withdraw most of its troops from the Middle East and Central Asia, that’s not likely to happen. As PPI’s Jim Arkedis has documented, the truly big driver of Pentagon costs is manpower. To get the kind of military spending reductions many doves would like to see would require major changes in U.S. foreign policy – not just nips and tucks in this weapons system or that, or administrative reforms. That’s hard to do in the middle of two wars and a global counterinsurgency campaign against Salafist extremists.

But as Gates recognizes, defense will have to make a substantial contribution to America’s coming fiscal retrenchment. He’s offering credible reforms that will promote efficiency and reduce needless redundancy and waste, and, frankly, provide the administration with political cover against the GOP’s ritual claims that Democrats want to eviscerate the nation’s defenses.

All that may not win Gates many cheers at the next netroots convention. But this is a clear instance in which Obama’s “post-partisan” penchant for reaching across political divides has served him, and the nation, well.

How the Military is Leading the Way on Energy Security

As a U.S. Army veteran I am used to dealing with the military, an organization that, by necessity, takes swift and decisive action when necessary, despite the fact that many see it as a conservative organization that is resistant and slow to change. In Washington, I am becoming used to dealing with another organization that is much more conservative and even more resistant and slower: the United States Senate. I am proud to say that the U.S. military is once again taking decisive action on energy independence and security, as well as addressing the military repercussions of climate change. The military is taking action where the United States Congress will not.

On July 27 I attended the White House Forum on Energy Security along with a group of veterans from Operation Free, a nationwide coalition of military veterans from all eras and ranging from Privates and Airmen to Generals and Admirals – all of whom support the goal of energy independence, security, and addressing the national security repercussions of climate change.

We have collectively been touring and speaking throughout the country and in Washington, D.C. in support of breaking our dependence on largely foreign oil and pushing Congress to take real steps toward a comprehensive clean energy climate plan. We have come to support the American Power Act developed through a bipartisan effort by Senators John Kerry and Lindsey Graham with Senator Joseph Lieberman and cooperation from the White House.

July 27 was supposed to be the day that the Senate finally took real action on the issue we have all been working hard for over the past year. It didn’t happen. As we all got on airplanes throughout the country in high spirits, something was happening on Capitol Hill: nothing.

By the time we hit ground in Washington, D.C. we learned that everything had changed. The Senate didn’t have the sixty votes needed to proceed to an up-or-down vote on the bill. We went to the Hill again to meet with fence-sitting Senators and their staff. The opinion we encountered there was disappointing, but not surprising: we need to do something about the issues of energy security, energy independence, and climate change, but we’re not going to do anything now.

Some, echoing Republican sentiment, said the issue hadn’t been discussed enough yet, that the Senate process of debate and hearings needs to be completed, that it would force them to choose ‘winners and losers’ and they are not ready to do that.

Hadn’t been discussed enough? We’ve been talking about energy security and independence since the 1970s. Other countries are taking action while we are being left behind. The CIA includes repercussions of climate change and our dependence on foreign fossil energy in its assessments. The State Department does as well.

Now the U.S. military is taking serious steps to address the issue. It devoted an entire section of the 2010 Quadrennial Defense Review Report (p. 84) to responding to climate change issues.  Secretary of the Navy Ray Mabus has expressed a clear vision of a force independent of fossil fuels. The military is taking action by reducing the use of fossil fuels, researching the use of alternative sources, and increasing the efficiency of its energy use, whether on battlefield outposts in Afghanistan or home installations in Texas. Speakers from each branch of the U.S. military have discussed similar opinions, expressing that action on this issue shouldn’t be taken for political reasons, but for security reasons. The money we pay for oil goes to regimes opposed to our interests. The cost of procuring, transporting, and securing that fuel is extreme, in dollars and to the lives of our troops.

This contrasts greatly with the attitude of too many Senators, who continue to choose politics over security. The U.S. Congress trusts the military and veterans on other security issues. Energy independence, energy security, and planning for the possible consequences of climate change are national security issues. The military is taking action, even if Congress won’t. If they’ll listen on other national security issues, let’s hope they’ll trust the military when it comes to a comprehensive clean energy climate plan that makes us energy independent.

Photo Credit: DVIDSHUB’s Photostream

Why Democrats Must Change the Defense Budget Process, Now

For the first time in my life, I think I agree with John Boehner (R-OH) when it comes to national security. Well, sort of. (And trust me, that’s a tough admission from a guy who wrote this column eviscerating Boehner’s track record on national security.)

Here’s what the Minority Leader said following yesterday’s war funding vote to send $33 billion to support the military deployment in Afghanistan:

“We’ve been through all of this wrangling, and for what? All we’ve created is more uncertainty for our troops in the field, more uncertainty for the Pentagon, and it’s all unnecessary.”

Before you go thinking that I’ve lost my mind, let me explain. Boehner is trying to ding Democrats politically for so much as debating (and then voting against) the Afghanistan supplemental. Essentially, Boehner chafes because Democrats refuse to write the Pentagon a blank check. While I fully support funding troops in the field, you’re about to see why I’m not endorsing Boehner’s blank check by any stretch.

But on the other hand, if you’re sick and tired of having to revisit this “wrangled” vote several times a year, the man might just have a point. And I’ll bet he doesn’t even know it. Democrats would do well to pay attention.

For the third time this year, Congress has appropriated money for Afghanistan. They did it first in the baseline defense budget (“check please!” $549 billion), the “overseas contingency fund” ($129 billion), and now this $33 billion supplemental. That comes to a whopping total of some $711 billion (depending on how you round, of course).

Each of these appropriations not only causes consternation throughout the Democratic caucus, but also reinforces the idea that Pentagon spending is void of any sense of restraint. After all, if you’re trying to sneak a defense appropriation into the first bill and it gets axed, the current system gives you two more chances to slide it in.

The current appropriation is a perfect example — just one month ago it was $30 billion, yet at yesterday’s vote, it grew ten percent to $33 billion. Why does Congress need an extra $3 billion today that they didn’t 30 days ago?

The good news is that Boehner has unwittingly opened the door for a sensible, pragmatic solution to defense budgeting: end the supplemental budgeting process. End the wrangling.

Instead of voting on three separate defense bills that total $711 billion, just vote on one bill that is $711 billion. Not only would it avoid stomach-turning votes for Democrats, a single defense appropriation would limit wasteful spending and prioritize America’s soldiers deployed on the field of battle.

Think of it this way: Once that money is appropriated, that’s it. There’s a definitive bottom line that Congress has to stick to. This forces hard choices about spending priorities based on a set amount. It is not the typical defense budget two-step of what’s available both now and what can be added in the future.

Money would be allocated first and foremost to the warfighter. Faced between the choice of spending money on the weapons, logistics and salaries that our deployed troops need, and buying more of a weapons system we don’t require. What choice do you want your member of Congress to make?

But with today’s three defense budgets, Congress can buy the all the weapons they want, and then appropriate as much as they need for the war.

John Boehner talks about “certainty” for the Pentagon, but he’s only talking about the certainty of spending more, with no sense of discipline.  If Democrats are smart, they’ll roll our three budgets into one, and be certain about prioritizing the warfighter and starting to control defense spending.

Photo Credit: The U.S. Army’s Photostream

Wikileaks: Lack of Editorial Discretion

Does the existence of a whistle-blower website like Wikileaks do more harm or good? Decisions about exposing information to the public depends on nuance and context, and it’s clear that in the wake of this case, Julian Assange, the site’s editor-in-chief and public face, has little appreciation for either.

Wikileaks is, in effect, a conduit for purported whistle-blowers, and describes itself as a “buttress against unaccountable and abusive power” and prides itself on “principled leaking.”

As a vehicle for whistle-blowing, the site has a responsibility to assert editorial discretion about the content it supplies, carefully weighing costs and benefits to the whistle-blowing party, those the information directly impacts and third parties. If Wikileaks is an open-repository for secret information without discretion and vetting, that’s a problem.

Prior to releasing the current military documents, the site should have exercised discretion with the following criteria in mind:

— Does the totality of the information indicate unequivocal, fact-based wrongdoing?
— Is this information new? Does it add to the public debate?
— Does its release endanger or save lives?
— Does its release cost or save public money?

By its own standard, Wikileaks, at best, punted. More likely, it outright failed and discredited itself.

Assange could not make a reliable judgment about the totality of the information he released because he could not have possibly known what exactly he was releasing. With Wikileaks staff reportedly of about five full-timers and a budget of $300,000, it’s difficult to imagine how the site could have shifted through so many documents and assembled a reasonable cost-benefit analysis, even with an “army” of hundreds of part-time volunteers. Rather, he essentially outsourced vetting to The New York Times, Guardian, Der Spiegel, and other websites that have cattle-called hungry readers to sift through the material. Ergo, Wikileaks likely had no idea if it was releasing ironclad evidence of wrongdoing.

Second, as I detailed yesterday, the information was clearly not “new.” It only served to amplify public debate. Further, the information’s release likely endangered American lives, and certainly jeopardized American sources in methods and consequently, its safety.

Finally, it’s unclear about saving public money, unless you argue that ending the war would do so. But that argument, much like the answers to all of the above, suggest that Assange and Wikileaks are motivated much more by activism than journalism. And that discredits any strain of legitimate public service the site hopes to render in the future.

From now on, Wikileaks would do well to know exactly what it’s releasing, know that it’s a new fact, and weigh the balance of lives, security and money.

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The New Leak from Wikileaks

The story leading the day in the New York Times and Washington Post details the release of some 90,000 U.S. military documents by Wikileaks. Many of which detail the level of coordination between elements within Pakistan’s intelligence service, the ISI, and the Taliban operating in Afghanistan.  In fact, the Taliban and ranking officers within the ISI have worked together is not “news.”  Pick up a copy of Steve Coll’s brilliant Ghost Wars, which ably details the relationship.  Here’s an excerpt from a PBS Frontline interview with Coll on the topic:

Frontline: You describe [the Taliban] as a client of the ISI.

Coll: They received guns; they received money; they received fuel; they received infrastructure support. They also, we know, had direct on-the-ground support from undercover Pakistani officers in civilian clothes who would participate in particular military battles.

Frontline: Is it a fair characterization to say that the Taliban were an asset of the ISI?

Coll: They were an asset of the ISI. I think it’s impossible to understand the Taliban’s military triumph in Afghanistan, culminating in their takeover of Kabul in 1996, without understanding that they were a proxy force, a client of the Pakistan army, and benefited from all of the materiel support that the Pakistan army could provide them, given its own constrained resources.

The Taliban were important to the ISI in the late 1990s for another reason. The ISI also promoted a rebellion against what it regarded as Indian occupation in Kashmir. The Taliban in Afghanistan provided logistical support, training and other bases that the ISI could use to train and develop its Kashmir rebellion as well.

To sum it up:  The ISI has used the Taliban for more than 15 years as a proxy force in Afghanistan.  First, they served as a bulwark against the spread of Soviet communism.  Old habits die hard, so when the Americans arrived, the ISI viewed collaboration with the Taliban as a natural point of influence that could be used to suit its interest — namely, keeping Afghanistan weak and unstable and impossible to dominate its neighbor.

Some in the blogosphere have treated Wikileaks’ revelation with a yawn.  Check out Andrew Exum’s dripping-with-sarcasm post comparing the shock-value of the story to news that Liberace likes dudes.  So sure, if you’re in the expert community, it’s easy to brush off as a non-story.

However, getting these stories out to major news outlets has relevance.  Spencer Ackerman points out that the Wikileaks information provides a “new depth of detail” about the long-held ties.

More importantly, it raises the issue to a level that people controlling the purse strings can’t ignore.  I’ll bet you a crisp dollar bill that John Kerry has read Ghost Wars.  I’ll double down on the fact that Kerry, chairman of the Senate Foreign Relations Committee, soon moves lickity-split to convene an oversight hearing that reexamines the $500 million that Secretary of State Hillary Clinton just promised to the Pakistanis last week for two hydroelectric projects, a pledge that comes on the heels of a massive $7.5 billion Pakistan aid package.  Keep in mind that this assistance was essentially conditioned on strengthening the Pakistani civilian government at the expense of its military and intelligence services and was accepted by the Pakistanis after some rather significant heartburn in Islamabad.

The bottom line is that widespread public disclosure of the depth of the Taliban-ISI contacts ultimately creates leverage for the Americans, and that’s a good thing.

UPDATE:  It occurred to me last night that by saying leverage created by the release of classified information was “a good thing” may have tacitly endorsed the idea that I favor future leaks of classified information.  Nothing could be farther from the truth.  As a veteran of five years inside the intelligence committee, I deplore leaks of all kinds — they harm sources and methods, which in turn jeopardizes the IC and military’s abilities to collect information germane to America’s national security.  That leverage was created by the release of information is a fortunate byproduct of the leak.  My preference would been to have none at all.

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The Changing Political Discussion Around Defense Spending

With today’s New York Times’ article, we may be on the verge of a sea change in political attitudes on defense spending. To be sure, the political dialogue has not fully accepted the necessity of fiscal restraint at the Pentagon, but we’re getting there.

When you hear the likes of Republican Sen. Judd Gregg (R-NH) say, “defense should be looked at” as a part of deficit reduction and Democratic Sen. Daniel Inouye (D-HI) toe a harder-line, something’s up.  Okay, Inouye has a long, hard-earned reputation as a defense porker, but the contrast with the conservative Gregg (even if he is from New Hampshire) is notable.

Defense spending has been a counter-intuitive third-rail of its own in domestic politics. Conservatives, allergic to every government program they’ve ever come across, drip with hypocrisy when they can’t seem to get enough pork at the barbecue of weapons systems. And progressives are often skittish about restraining defense spending in order to preserve home-district jobs and out of fear of “weak on defense liberals” charges.

But Erskine Bowles, Bill Clinton’s chief of staff and co-chair of the Deficit Commission, insists, “We’re going to have to take a hard look at defense if we are going to be serious about deficit reduction.”

It’s something your friends here at PPI have been pushing. Will Marshall, PPI’s president, testified in front of Bowles’ commission in late-June and was adamant that “defense has a contribution to make” in deficit reduction.

The hard part, however, is making sure it’s the right contribution. Secretary of Defense Bob Gates has said that he’s looking at a whole-sale restructuring of Pentagon spending:

What I’m asking for is not a simple budget cut; [what] I’m talking about is changing the way we do business. It’s taking the savings from that and applying it to long-term investments… This is a lot harder than cutting the budget for one year.”

In doing so, it’s critical to strike a balance between fiscal restraint and maintaining national security. This calls for a nuanced approach that doesn’t just ax a few weapons programs one year and starts all over the next. To keep America safe, strong, and solvent, we need creative ideas for restructuring defense spending.

Continue to check in at ProgressiveFix.com, as PPI plans to issue our own plan in the coming weeks.

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Clinton to Vietnam, Human Rights Raised. Does She Really Care?

Secretary of State Hillary Clinton raised concern over human rights during her trip to Vietnam, a country she last visited in the waning days of her husband’s presidency.  Per the NYT:

Noting Vietnam’s recent jailing of democracy activists, attacks on religious groups and curbing of Internet social-networking sites, Mrs. Clinton said she raised the status of human rights in a meeting with a deputy prime minister, Pham Gia Khiem. … She said the United States would press Vietnam to do more to protect individual freedom. …

Mrs. Clinton’s comments were notable, given that she has played down human rights concerns in visits to Vietnam’s neighbor, China. But her timing, at the outset of the visit, suggested that she wanted to make her point, and move on.

The last line is particularly intriguing, and offers potential fodder to critics from across the political spectrum: from conservatives wed to George Bush’s “Freedom Agenda” to liberal critics to issue-focused NGOs, like Human Rights Watch and Freedom House. Is the Secretary of State just making her point and moving on? Have human rights become simply a talking point, as Secretary Clinton unfortunately suggested before her first trip to China in early 2009?

Despite her regrettable gaffes about China, she’s said that her more nuanced approach is “designed to make a difference, not prove a point.” So what is Secretary Clinton’s approach, exactly?

In Russia, a country desperate for some international respect, a stern human rights stare-down could prove counter-productive. The balance between economics, bilateral security, multi-lateral security, climate change and personal freedoms demands measured engagement. Would, for example, Russia have cooperated on New START or Iran sanctions if the Obama administration issued one human rights tongue-lashing on top of another? Anything’s possible, but such agreements would have undoubtedly been more difficult to come by.

That’s why, in big countries as Will Marshall wrote on this site the other day, Secretary Clinton is focused on building civil societies:

In an important speech that got little attention back home, she unveiled what she called a 21st century approach to promoting democracy by defending civil society. Clinton described an independent civic sector as a nursery for democratic citizenship, no less critical to a free society than representative government and a market economy. And she warned of a spreading global backlash against civil society…. This marks a significant departure from the Bush administration’s approach to democracy, which centered on demands for elections and accountable political institutions. …

Clinton aimed more modestly, but shrewdly, at bolstering a particular aspect of liberty – freedom of association. In authoritarian countries, civil society or “third sector” organizations play an especially vital role in building the infrastructure of liberal democracy. … [Clinton’s approach is] deeply subversive, in that it enables indigenous reformers to carve out space for civic action that is independent of state control. By defending the right of CSOs to organize and operate, and receive international support, the United States and other free countries can promote democracy from the ground up.

It’s in this vein that Secretary Clinton addressed an audience on cyber freedom at the Newseum earlier this year.

Some countries have erected electronic barriers that prevent their people from accessing portions of the world’s networks. …  They’ve expunged words, names, and phrases from search engine results. They have violated the privacy of citizens who engage in non-violent political speech. These actions contravene the Universal Declaration on Human Rights.

Expect the direct challenging on human rights to continue behind closed doors, but expect the Obama administration to take a more indirect, but ultimately more effective path in public.

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TopSecretAmerica Comes Up Short

After digesting three days’ worth of the Washington Post’s TopSecretAmerica series, consider me unimpressed.

As I said in my initial post, I do generally support the series’ aim — to demonstrate that we’ve had a massive intelligence community bureaucracy sprout up since 9/11, and that oversight and public accountability seem to be lacking. That point is well-taken, and one that I support.

My critiques are simple: TopSecretAmerica is neither even-handed nor nuanced. It paints the intelligence community in a broad-brush negative light while ignoring many of its achievements in the last decade.

The series’ point of departure seems to be that the intelligence community is a secretive monster. The articles lean too heavily on the notion that big, expensive and secretive mean scary and, by implication, counter-productive: Companies put the bottom line before country, no one knows what happens at Ft. Meade, and the super-nerds of the NSA are too affluent … and … what? The country is weaker for it?  We don’t know for sure, but that’s the impression I get.

Rarely do the authors acknowledge that much of the money spent in the IC actually, you know, helped keep Americans safe. KSM’s capture? Al-Zarqawi’s death?  Catching the Times Square bomber in 53 hours? The Russian spy ring? The recent slate of high-level Taliban takedowns in Afghanistan and Pakistan? All these, and more, were left conspicuously off the final draft. Of course, this is the IC’s inherent PR nightmare: its shortcomings are publicly scrutinized; its successes often remain hidden.

Instead of striking a proper balance that tells a measured story of waste, overlap and needless spending mixed with strategic intelligence successes, “TopSecretAmerica” is too quick to throw the baby out with the bath water.

The lack of nuance is equally disappointing. As intelligence analysts, the contractors I worked with couldn’t have been more conscientious, patriotic employees. They were crucial components of our analytic team. Should they have been replaced by civilian employees on a purely cost basis (for purely economic reasons)? Probably, and the government is working to facilitate that transition (a point mentioned in the text). But that’s only part of the charge the Post levels against them — did my colleagues value their shareholders more than their country? No way.

And should my colleagues be lumped in with the protective service contractors who did irreparable harm to America’s mission by murdering Iraqi citizens? No, but to the intelligence novice, it’s easy to lump all contractors under one umbrella. A distinction should have been made.

Take the issue of overlap. In instances the Post highlights, yes, analytic overlap, most egregiously in the form of the “soccer ball syndrome“, creates inefficiencies that should be sussed out in better oversight.

However, overlap can provide necessary perspective to individual customers. In my old job, I was once the U.S. government’s foremost expert on maritime terrorism in the Strait of Gibraltar. That’s quite a niche, huh? I focused on all the major terrorist groups in Spain, Morocco, and Gibraltar (amongst other responsibilities) just like every other CIA or DIA analyst charged with those countries. But I did so with an eye towards my Department of the Navy customer as a maritime and regional specialist. If a group’s activity suddenly indicated a maritime inclination in that area, I took over as the lead because I was the subject expert.

Overlap makes contributions elsewhere, too. In another personal example, I worked with my agency’s team in Spain to determine, based solely on random, personal connections between my colleagues and their Spanish intelligence contacts, that Islamic extremists, not ETA as the Spanish first decreed, were responsible for the Madrid bombings of March 2004. Once we — the Navy — issued our initial report stating this possibility, other more appropriate agencies took over.

The lack of oversight in intelligence spending must be addressed, but let’s not forget the IC’s valuable successes, either.

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