The Facts of War: Signs of an Impending Meltdown in Iraq
Shia militia sieze control of a city - the irony of the link is not just the article which reports that Amarah - a strategic city in the British zone of responsiblity - has been seized by Sadr backed militias, but that there is a huge side bar add for the Iwo Jima film "Flags of Our Fathers". It is the perfect juxtaposition for the post-modern generation - believing that what Billy Joel called "The Nylon Curtain" of pop consumerism had descended on the world, and that that was all that matters. Images are everything.
This works. Until it doesn't.
And even the slow on the uptake White House is aware it isn't working.
Also as usual, the beltway bubble of Reaganite reports - the entire generation that came in with the Great Communicator - is behind the curve. The mantra of the Reaganite is "confidence" - display confidence and resolve, and the little people will go back to working, forgetting about their fears for the long term. This works as long as you have a huge pile of money to burn up by borrowing, and the ability to tap that money - and a people so greatful that their savings aren't going up in inflationary smoke that they will, in essence, give away every dollar of future real earnings growth in order to stay afloat to day.
It does not work as well when faced with an actual shooting war against people who are fighting for their future - and the Sunni and Shia militia are doing exactly that. They can live in one of two Iraqs - an Iraq run by the corrupt who siphon off hundreds of millions of dollars meant for defense, who deal with equally corrupt foreign corporate interests willing to let the starve and which owes all of its future oil revenues to the US - or one which controls its own flow of oil.
With OPEC and the west set to go another round over oil at $60/bbl and an Iraq which is awash in oil which could be extracted at a fraction of that price - the answer is obvious to anyone with blood flowing in their veins. The Iraqi would be elite is going to fight.
In the last few days the destabilization point has been reached - the attempt to hold the Battle of Baghdad has been lost. As importantly it was lost to an operational offensive by the insurgency, amidst mounting coalition casualties.
These developments put even the ability to engage in a withdrawal from Iraq in danger - since Amarah would be key to any withdrawal by sea, and Baghdad a key to any withdrawal by air from the center of the country. The only exit left would be to head north by land and exit through Kurdistan and Turkey.
This means that our consideration of policy should dispense with any prattle about "victory". The time to talk about "victory" was almost two years ago, when an injection of troops under an international banner directed towards a federal Iraq with debt forgiveness, nation building and Iraqi ownership of oil rights as its keys might have had some possibility of success.
While the right wing is still running around with a Churchill in 1939 complex now, the Churchill to listen to was the one with long experience in colonial affairs - come down like a ton of bricks on the forces of destabilization, and then negotiate peace with who is left. The United States, by pursuing a strategy of propping up the ineffectual - since they could be our puppets - while merely killing off the foot soldiers of the insurgency rather than targeting their leadership effectively, failed to follow the colonial to post-colonial model. Somewhere Churchill's ghost is chuckling over how Bush is a man with much to be modest about.
Over a year ago I had a conversation with Prof Juan Cole over the idea of partitioning Iraq. My primary argument was that it was already in the process of happening, and that a formal partitioning - either through federal or confederal means, would at least put some control over the centripital forces that were building in Iraq. Prof Cole countered, with more than some evidence, that the disintegration of Iraq would be a bonanza for a host of larger forces of destabilization - including those in Iran. However, even this discussion - and other discussions about preventing Iraq from being a failed state - are being rapidly obsoleted by events.
Accountability is a crucial part of the present equation, whether mounting calls for Rumsfeld to resign - or the NDN's campaign to get Condi to come clean. However, just as import is for the intellectual and policy side of the world to face the facts of war, and begin talking about the problems that we have, and will have, and not the problems we had in 2004. A strategy for turning around Iraq in light of Fallujah is roughly as useful as a plan to save Bretton Woods in 1974.
Iraq is already a failed state, like other failed states it is a breeding ground for violence which will sooner or later spill over its borders. Like all failed states it is seeing a rising tide of atrocities and humanitarian disasters, including ethnic cleansing, political murder, mass executions, torture, repression and warlordism. It will continue to be a failed state until such time as there is the rise of a strongman, who will, rest assured, be greatfully greated by a majority of the populace eager to be able to do nothing more than safely wait in line for hours for bread.
While Americans are busy drawing parallels to Vietnam now, the time for that is also long past - it was 2004 when the American military had its "Tet moment" in their attack on Fallujah. After this offensive, the American military essentially gave up on being able to pacify the country with the forces at their disposal. The were able to end the uprising that was spreading at that moment only at terrible cost, and only by virtually destroying the city. The destroyed the city, in order to avoid saving it.
These end points were predictable based on an analysis of casualty figures in 2003 - the American military simply did not have a large enough offensively deployable force to defeat the total body of insurgents without blunting the edge of the sword. When the same units were being listed as being in offensive operations over and over again, it was clear that the US did not have 135,000 troops in Iraq, but essentially 10,000 troops in Iraq and some 20,000 military police. This was arrayed against insurgent forces whose numbers easily totaled 40,000. Even though the American military was taking insurgents out at 3 to 1 - this was clearly insufficient to end an insurgency that could continue to recruit before the ability of the US to mount an effective offensive was destroyed.
The paradigm of victory over insurgency is ICA - Isolate, Concentrate, Anhilate. The territorial military power - occupation or government or some combination of the two - which relies up on the control of territory to produce an economy capable of supporting a heavy military must not only defeat the insurgency where it is, but where it is not as well. People must feel free to move about their daily business, and thus the territorial power must create large zones that the insurgency cannot even think of entering.
The steps are to use a combination of political and police work to expel the insurgency from the civilian population, military sweeps and patrols to pressure the insurgency away from the ordinary routes of commerce, and then a program designed to concentrate them into a counter-economy. Once the insurgency is isolated from civilians, and concentrated among itself, the firepower advantage of the territorial military can finally be brought to bear effectively, and anhilating attacks used to obliterate the guerilla force as a force capable of regenerating itself through recruitment and training.
The paradigm of an effective insurgency is the reverse of this: it wants to first integrate itself into the civilian population, then it wants to ossify the territorial military into hard points - removing the territorial military's mobility advantage, and then it wants to engage in shattering attacks at the points which hold the territorial military's core of mobility together. Let me elaborate on this last point. The territorial military relies on having a free flowing interior space to move men, material, medical capability and to maintain a central economy of trade and commerce. This free flowing circulatory system of the territorial military is its heart, arteries and veins. It multiplies the power of the territorial military dramatically, because the territorial military can respond with its full offensive force, using its elite troops, backed by its best support services - to a threat anywhere in its territory. This force multiplier is the key advantage of a territorial power on the defensive, and its ability to strike anywhere along its borders rapidly its key force multiplier on the offensive. As soon as the territorial power must defend everywhere at once, it is at a disadvantage, because then its ordinary quality troops must blunt the blow of the enemy force's best.
The disabling of this advantage by a guerilla force is to first engage in small slashing attacks at the peripheries of the established military force. These attacks are designed to produce either disproportional military response - which turns the population against the military force - or ossification into a rigid posture. Once the insurgency has gained either a populace which is either friendly or frightened, they can then move at will through the country side. This ends the military's most important advantage - firepower, since firepower is effective against concentrated targets.
Without mobility and firepower, the territorial military will have to fall back on its economic power to build defenses. This is what happen to the Wehrmacht before Normandy, and it is what has happened to the US military in Iraq. Caught in an immobile posture, unable to break up growing nuclei of insurgent activity, it turned to bulldozers to do the work of tanks.
The signs of this coming have been in place for some time, the degradation of trucking capability being among the most obvious, the end of offensive strike operations of any size, and the utter failure to even identify areas where integeration of the insurgency had proceded to dangerous levels. This and the ceation of an Iraqi security apparatus designed by defense department assets with no understanding of security and no personal power base - the gift of Interior Minister Al-Samadi to the catastrophic failure in Iraq - have essentially sealed the doom of the American involvement in Iraq.
The attacks on Baghdad, and the fall of Amarah - which figured in some of the few sharp tactical resistence moments of the invasion - show that the insurgency is executing shatter attacks. The hold of the territorial power is crumbling, and it is time to decide how to dipose of the remains of involvement. It is likely that the "elected" government will have to come to some terms with the insurgent elements, or, itself, fall. The United States and Britain must now begin planning for a rapid withdrawal from Iraq, before the word "meltdown" - because that is what is in danger of happening - begins to make the rounds. Once more - the situation in Iraq is on the verge of being untenable for US forces.
We are now at the point where even withdrawal is imperiled by the monumental blunders of George Bush, Condoleeza Rice, Donald Rumsfeld and their, even the word henchmen would imply a greater degree of competence than is possessed. Hard right columnists like Jonah Goldberg continue to defend Iraq as a "worthy mistake", but that is only because they have lived on the gravy made with the blood of soldiers and civilians for quite a long time, and are destined to be plunked down in hard right wing antiversity positions at salaries that would shock and offend the American public.
The word "fiasco" - the title of Thomas E. Ricks meticulously researched story of how the Pentagon turned a lost war into a lost cause - is no longer sufficient. Next year's installment will have to bear the title "debacle".














I had the exact same reaction to the Iwo Jima picture.
October 20, 2006 9:04 AM | Reply | Permalink
It is a true pleasure to read commentary that is grounded in a solid geopolitical and strategic understanding of the situation. The juxtaposition with the pop culture fantasy world is most apt. I am convinced that the invasion of Iraq was spawned by bozos who spent too much time watching the History Channel. They really thought they were playing a video game and that victory would be easy with no long term consequences or adverse effects.
October 20, 2006 11:55 AM | Reply | Permalink
I'd like to point out that Kevin Drum noted that even Muqtada has lost control of factions of his militia.
This is about to turn into a very very messy civil war.
October 20, 2006 12:35 PM | Reply | Permalink
How sad that it has come to this. And how predictable (and predicted) it all was. If we cannot hold the existing leadership accountable for each and every life lost, we no longer deserve to call ourselves a democracy.
October 20, 2006 1:21 PM | Reply | Permalink
The next logical step, one of the few options left for this administration, is to open up diplomatic channels with both Iran and Syria and secure their assistance for containing the Iraqi cauldron.
Perhaps Condi will hold George's hand while he sits at the table of Ahmadinezhad and al-Assad. He's come a long way since his heroic service in the undercover Alabama National Guard.
October 20, 2006 4:10 PM | Reply | Permalink
Having been converted to an extreme pesimist by the events and elections of the past 6 years, my prediction is that the end game of this debacle will occur under the watch of a Democratic President, with a Democratic Congress. The yahoos will then blame us for "losing Iraq" and elect another disastrous Republican Congress in 2010, followed by an even more disastrous Republican President in 2012.
Hoppy in Sacramento
October 20, 2006 5:23 PM | Reply | Permalink
"The yahoos will then blame us for 'losing Iraq.' " Hoppy has it exactly right. (1) Things go badly whether we stay or go, and eventually we do go. (2) Whatever Bush's rationale was, now it's simply to stay until 2008. so it's someone else's problem. (3) The GOP has managed to have recourse to Hoppy's scenario for Vietnam, and that's a war we walked out of (albeit years too late) on GOP watch. (4) Americans are basically isolationists who just happen also to love winning, and if it's a loser, it's not their problem.
I've been saying for some time that we should be preparing now for the political attack to come. And it's a hard one to face. The triangulator faction is still thinking how to avoid being labeled with a loss, but only by imagining one can promise a better outcome than Bush can achieve. Part but not all of the left faction still imagines that the civil war is still a consequence of violence directed entirely at the occupying power and so will settle into a happy future if we just leave.
I don't have a good foreign policy for Iraq. It's a disaster. But we can start to talk politics. (1) Right now, keep insisting that it's a disaster and it's Bush's fault. (2) You're running for president in 2008, keep insisting it's a disaster and it's Bush's fault. (3) Also start looking for upbeat, positive gains that we can take credit for. Shift troop levels to stablize Afghanistan after a mess that's left warlords fighting it out, Taliban gaining ground, and Al Qaeda at large. Build on fear of the likely Iran-Iraq axis with surrounding Arab countries to help defuse an us (U.S.) vs them world. Pressure Israel and its enemies. Shift the emphasis on protections against terrorism to Americans at home. Etc., etc.
But you guys surely know the litany by heart. But above all, be prepared. The smears are going to start even before Bush leaves office. In fact, they have, with us America haters, pedophiles, etc.
John
http://www.haberarts.com/
October 20, 2006 6:22 PM | Reply | Permalink
Just curious - what type of reaction?...how do you relate it to the Iwo Jima picture? I'm don't mean to be argumentive...I just can't link the two.
The Iwo Jima photo was taken following a hard and bitter battle...nothing in the post evoked any reaction in me that would relate to the Iwo shot.
October 20, 2006 6:43 PM | Reply | Permalink
I am also confused about the comparison with the Iwo Jima photo. Thinking of the WMD argument for Iraq, it is especially ironic that FDR, signing a document "commander in chief" for one of the few if only times, refused the Joint Chiefs' request to use chemical weapons against the deeply entrenched Japanese soldiers on Iwo.
There were clear operational and strategic reasons, in the Pacific War, to take Iwo. It was the first land mass in range of Japan from which escort fighters could operate in support of the bombing of Japan. Japanese fighters based on Iwo were attacking bombers flying from further east. Further, it was a reasonable emergency landing field for damanged B-29's returning from Japan.
It's fairly well known that Admiral Chester Nimitz said "Among the men who fought on Iwo Jima, uncommon valor was a common virtue". I have also read translations of some of the official and personal correspondence of Japanese General Kuribayashi, and his commitment to what he and his men saw as their duty to their nation, and his personal regret that it was his duty to die in battle.
A colleague of mine, when he was an active Coast Guard officer, commanded the US navigational facilities on Iwo Jima. There are also Japanese naval and air operations on the island, again principally for navigation and rescue. He and his Japanese counterpart dined together often, and, when the ever older survivors, the very few Japanese, visited to come to closure, there was immense shared respect.
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Howard
*equal opportunity offense to both extremes*
October 20, 2006 7:12 PM | Reply | Permalink
I am afraid that I have to agree. Democratic congressmen should walk out en masse and not run for reelection. The Democratic Party should disband. Let them have the bone.
The people must see what they have chosen. Let us save our breath and cultivate our gardens. As Garrison Keillor said in 2001, it is time for long walks and the classics. As I see it, that will be for some time to come.
October 20, 2006 8:42 PM | Reply | Permalink
Rush is already not only blaming the Democrats for that very scenario, but he and the dittoheads are getting outraged over it, hoppy:
They (the terrorists) know that Democrats winning the House and the Senate and then the White House in '08, that's what ensures terror victory, that's what they want. Are you not the slightest bit outraged over this?
October 20, 2006 8:59 PM | Reply | Permalink
Today CNN repeatedly showed, for free, a Republican commercial that blames the Democrats in advance for losing Iraq. They showed this ostensibly as a news story, comparing it to a single Democratic Party commercial from about 40 years ago. But, they got the Republican message across very well.
A "terror victory"? I wonder what a terror victory would look like. What I see happening in Iraq is sectarian violence bordering on total civil war, aimed at each sect trying to gain the upper hand in Iraq. Our troops are almost innocent bystanders, or would be if we weren't still killing Iraqis to keep them from forgetting about us.
Hoppy in Sacramento
October 20, 2006 9:37 PM | Reply | Permalink
Stirling,
The prospect you seem to be suggesting is the possibility of something even worse than the evacuation of Saigon. It is the possibility that through the incalculable willingness of the current leadership in Washington (and their co-dependents throughout the media and the elite) to fly in the face of reality, to run over and over again face first into the brickwall of reality, we might reach the point of literally not being able to evacuate even our own soldiers.
October 20, 2006 10:20 PM | Reply | Permalink
William Lind
The war was lost from before the first bomb fell, because the strategic objectives were never attainable no matter what we did. Further blunders, from de-Baathification and sending the Iraqi Army home through mistreating the civilian population, have moved us from mere failure to incipient disaster.
Bush
Bush said, "Our goal has not changed. Our goal is a country that can defend, sustain and govern itself, a country that which will serve as an ally in this war. Our tactics are adjusting."
October 20, 2006 11:33 PM | Reply | Permalink
Re: a Republican commercial that blames the Democrats in advance for losing Iraq.
This is going to be very hard, maybe impossible, for the GOP to pull off. The Democrats have been shut out of power since 2002. The roosting chickens can only flock to the GOP's tents on Iraq. And apparently the public already sees this as the current plunge in GOP futures is due in large part to Iraq.
October 21, 2006 5:20 AM | Reply | Permalink
Howard, as usual, your historical analysis is accurate and arguments are well-reasoned.
I am left to wonder, however, how Iwo Jima would have been viewed by today's NYT editorial staff.
Would the NYT argue that the loss of 7000 Marines was "incompetence" by FDR and his generals?
Why, the Japanese on Iwo Jima were not the pilots who flew the planes into Pearl Harbor.
Shouldn't we be focusing on finding those pilots and "bringing them to justice," after reading them their rights, providing them with counsel and granting them habeous corpus rights?
October 21, 2006 9:07 AM | Reply | Permalink
"Shouldn't we be focusing on finding those pilots and "bringing them to justice," after reading them their rights, providing them with counsel and granting them habeous corpus rights?"
Oddly enough had we captured those pilots who bombed Pearl Harbor we would in fact have read them their rights, and should they have been brought to courts martial have provided them with counsel.
Your tortured (sic) suggestion that the NYT expressing the opinion that persons not convicted of any crime should not in advance be denied all rights is somehow equivalent to suggesting that US Marines under arms should not have shot back at Japanese soldiers defending a country that had unilaterally attacked this country is so mind-boggling free of logical content to, to well I guess boggle the mind.
You are free to set up the strawmen of your own choice, and to set them on fire if you choose, but you are not free to project them onto the NYT's editorial board or by extention me.
I am a bleeding heart liberal. And as such I believe that people who rape and kill small girls (and I am thinking of a very real case from my own town) deserve a fair trial. And whether or not I would support the death penalty in such cases (and for the record I did) does not make my an objectively pro-child raping/murder supporter.
People who build in the assumption that mass murderers do not deserve the protections of the rule of law are in effect advocating lynching.
Lynching bad. Habeas corpus good. God help the souls of those who can't understand the difference.
October 21, 2006 9:39 AM | Reply | Permalink
Let's consider how war prosecution was considered then, first. Remember that there were Truman's war profiteering hearings (absent now). Incompetence was not tolerated then, either. Also remember that the post-war planning began even before Normandy. (Unlike now when post-war planning was discarded and ignored.)
Let's also remember that just as Japan attacked us and we attacked them, Al Qaeda attacked us and we attacked them. Show how Iraq fits your straw scenario.
Also remember that all Japanese captured on the field of battle were given full Geneva rights. Don't think this helps your point, whatever it is. That American Japanese were interned was, and is, a blot on our history.
October 21, 2006 10:00 AM | Reply | Permalink
I wonder if deep within the Pentagon or Central Command folks are planning alternative logistics for a US withdrawal??
Wonder when or if military folks will present the withdrawal options and logistics to policymakers so that policymakers understand what that option entails. Competence when we get there will mean lives.
Stirling you are a continuing font of analysis and big picture thinking. Thanks.
October 21, 2006 11:32 AM | Reply | Permalink
If you think this would be hard for the GOP to pull off, just look at what they have already done:
911 was THEIR failure; it is clear that the warnings were coming over the transom every day. Maybe they could not have prevented it, but they didn't even try, yet it has been a NET GAIN for them!
The most deadly terrorist strike on Amercian soil happened on their watch, with documentary evidence that they ignored the warnings, and who gets the most points for "keeping America safe?" The vacationer-in-chief and his merry band of republicans!
911 is something they should be ashamed of, and instead they have very successfully used it to start a bogus war, to shred the Constitution, and to stymie all debate in the country. They have used it to successfully keep Democrats (the spineless ones, anyway) voting their way so no one can accuse them of being "soft on terror!"
I heard Newt Gingrich at a Q & A at Johns Hopkins University. Among the many absurd things he said was that Al Gore was using "scare tactics" in his "99% untrue" movie about Global Warming.
Now, that is the kind of blatant shamelessness that allows them to get away with anything with non-thinking, fearful, sheep.
Don't think for a minute that whoever inherits this mess will get an honest chance from these creeps, and only if the rest of us refuse to let them get away with it will there be any hope.
Jan Knaus
October 21, 2006 12:26 PM | Reply | Permalink
Japan was demonized in the mass media of the time, and the NYT would have responded to the general consensus. You do bring up a question I may need to research.
After the war, the surviving senior Japanese officers said that three fundamental things beat them:
In point of fact, I wouldn't rule out that there might have been some pilots on Iwo that had attacked Pearl. One of Japan's strategic mistakes was to keep successful pilots in battle until they were dead. In contrast, the US rotated naval aviators back first as instructors, and, after another combat tour, as experienced commanders. Toward the end of the war, you had rested American pilots with several thousand hours experience against Japanese trainees with 100-200 hours.
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Howard
*equal opportunity offense to both extremes*
October 21, 2006 1:13 PM | Reply | Permalink
Actually, there was one Japanese prisoner from Pearl Harbor, a crewman of a midget submarine. He was the first example of a Japanese prisoner feeling he was dead to his country, and usually being quite cooperative with interrogators -- if anything, the prisoners considered themselves now part of American society.
Obviously, we hadn't set up POW camps yet, but he survived the war.
There was one other case of a downed pilot, which was fairly bizarre. He made a rough landing, but was able to get one machine gun out of his plane, and wandered around one of the smaller islands. Eventually, he confronted a local athlete, one of those Polynesians that US football teams are finding make frightening linemen. The pilot shot the local citizen with three bullets, a bad move, as the local proceeded to beat the pilot to death with his hands and the pilot's machine gun. A saying made the rounds at the time: "Don't shoot a native Hawaiian. You might make him mad."
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Howard
*equal opportunity offense to both extremes*
October 21, 2006 1:18 PM | Reply | Permalink
Why, the Japanese on Iwo Jima were not the pilots who flew the planes into Pearl Harbor.
That would be comparable to arguing against going into Afghanistan after 9/11. Attacking Iraq after 9/11 is more comparable to attacking, say, Spain after Iwo Jima.
October 21, 2006 2:03 PM | Reply | Permalink
Are you getting close to home? My first wife's grandfather, after commanding a carrier unit at Guadalcanal, spent the rest of WWII as naval attache to Spain.
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Howard
*equal opportunity offense to both extremes*
October 21, 2006 2:05 PM | Reply | Permalink
In the same neighborhood. My family is mostly Italian.
October 21, 2006 5:40 PM | Reply | Permalink
What will be practical consequences of a forced withdrawal from Iraq? Withdrawal from Vietnam sealed the fate of Cambodia and Laos -- not much really. Are stakes in Middle East as low?
My prediction: Salafist insurgency in Iraq will taper off as it happened in Algeria. On the other hand, Iran-Iraq aliance will dominate over Syria and Lebanon (using Alawites and Shia as receipient of their money), changing the strategic positions of neighbors of Syria and Lebanon. And no, I do not mean Turkey.
October 22, 2006 1:35 PM | Reply | Permalink
After President Bush signed the law this week providing for military tribunals for terrorists being held at Guantanamo and prohibiting their torture, Democratic Sen. Russ Feingold said "We will look back on this day as a stain on our nation's history." (Note to Democrats: It's still too soon to use "stain" as a metaphor for a White House brouhaha.)
Gen. George Washington tried Major John Andre, Benedict Arnold's British co-conspirator, by military tribunal and ordered Andre hanged within 10 days of his capture. Nazi saboteurs, including an American citizen, captured on U.S. soil during World War II were tried in secret by military commission and promptly executed by President Franklin D. Roosevelt. The Nuremberg trials were a form of military tribunal.
But you guys think military tribunals aren't good enough for the terrorists plotting to kill Americans today. You are bright fellows but, sorry, that kind of thinking is not going to make the terrorists love us!
October 22, 2006 3:04 PM | Reply | Permalink
After President Bush signed the law this week providing for military tribunals for terrorists being held at Guantanamo and prohibiting their torture, Democratic Sen. Russ Feingold said "We will look back on this day as a stain on our nation's history." (Note to Democrats: It's still too soon to use "stain" as a metaphor for a White House brouhaha.)
Gen. George Washington tried Major John Andre, Benedict Arnold's British co-conspirator, by military tribunal and ordered Andre hanged within 10 days of his capture. Nazi saboteurs, including an American citizen, captured on U.S. soil during World War II were tried in secret by military commission and promptly executed by President Franklin D. Roosevelt. The Nuremberg trials were a form of military tribunal.
But you guys think military tribunals aren't good enough for the terrorists plotting to kill Americans today. You are bright fellows but, sorry, that kind of thinking is not going to make the terrorists love us
October 22, 2006 3:07 PM | Reply | Permalink
I agree with your historical precedents that justify military tribunals, which, as I read my Army Laws of Land Warfare manual, are legal.
As you point out, Andre was sentenced within 10 days. With the German saboteurs in 1942, they landed in June, were tried in July, and those condemned executed in August.
So, I don't have a problem with a military tribunal as such. Even in civilian trials when classified information is involved, there are several ways to deal with it. The judge alone may see it. He may order the courtroom cleared of all nonparticipants, and limit what can be discussed.
My problem here is with the apparent indefinite delay before having the tribunal. While the circumstances were quite different, without a battle in sight, the CIA detained the KGB defector, Yuri Nosenko, often in deliberately harsh conditions, for 3 years plus before deciding he was a real defector -- and yes, there were conflicts between his story and that of another defector, Anatoly Golytsin. Different parts of the intelligence community sided with one or the other.
This handling was criticized by review committees and commissions. My issue with tribunals is not at all that they can be fair and legal, but that the Administration has taken so long to have them. One can convict someone, and still get intelligence value by interrogating them with incentives up to early release.
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Howard
*equal opportunity offense to both extremes*
October 22, 2006 3:21 PM | Reply | Permalink
You Republicans think everyone captured or arrested by a federal agent or soldier is guilty of the world's most heinous crimes. You could hardly be called bright fellows, as a result, but that kind of thinking does make you exceedingly un-American and haters of the US Constitution. I suppose that's just because you hate our freedoms.
Hoppy in Sacramento
October 22, 2006 4:03 PM | Reply | Permalink
No longer being a Republican, I can't speak to that point, but I am willing to say that it's fair to make a presumption of innocence until adjudicated by a fair military tribunal. Yes, I believe that military tribunals can be fair, that some were unfair, and some civilian trials are unfair.
My problem is with the indefinite detention before a tribunal. Tribunals may be appropriate when the arrest is in an area of military operations, and/or sensitive information is involved,. Civilian courts have also managed to handle extremely sensitive material, sometimes that the defendant could not see, in espionage trials.
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Howard
*equal opportunity offense to both extremes*
October 22, 2006 4:13 PM | Reply | Permalink
Troll rated for duplication.
October 22, 2006 4:29 PM | Reply | Permalink
Howard-
You make a good point...well reasoned and thoughful.
Nonetheless, we are war and the normal rules do not apply. We don't have the luxury of treating terrorism as a bank robbery. We have to catch the perpetrators in advance and find out what they know about future terrorist plots.
The U. S. Consittuion is not a suicide pact. It contemplates the full "O. J. Trial" for normal crimes but provides other means for wartime.
By the way, did you notice how it took only one entry on my part before the name-calling started? Am I that inflamatory or is this the accepted rebuttal style?
You don't do that, of course, but on this site it seems to be the rule rather than the exception. Those who disagree with my comments ignore the merits of the argument and immediately begin personal attack.
I suppose it is harmless but it does not foster educated discourse nor reflect well on the author.
October 22, 2006 5:41 PM | Reply | Permalink
It would be nice to have an opinion from a specialist in military law, as I'm not sure if conspiracy can be used before a tribunal. I think it can, but RICO probably could not, especially if the arrest were outside the country. Let me assume that conspiracy is in scope. While Nuremberg was not strict precedent, many of the Nazi defendants got a date with the rather incompetent hangman for participating in conspiracies.
Have you read JC Masterman's Double-cross System in the War of 1939 to 1945? Masterman had several responsibilities in WWII, including running the Special Liaison Units that distributed ULTRA communications intelligence to field commanders, but also participating in the Double-Cross system. Somewhat amazingly, but with no postwar data to the contrary, Britain apprehended every single German agent infiltrated into the country. They were given a choice: turn double, or the rope.
Most counterespionage people today would say that prompt execution was not a good idea. Assuming you have a spy or terrorist in a really secure facility, there's always a chance you might be able to get information -- sometimes no more than a chance remark. No one, however, has gotten any information from a dead agent. US policy has been more in the direction that you can always interrogate, or even exchange, a live agent.
Do we have a disagreement that a potential terrorist can be given a prompt tribunal, but then, if convicted, continue to be exploited for intelligence value?
It would seem that the only liability is that a defendant is ruled not guilty, and is set free. Now, such people have to be isolated from other detainees, lest they pass messages.
As far as the name-calling, it doesn't help a thing. I can't stop the name-callers, although I might be able to mediate a bit. It does not help to call someone either a fascist or a terrorist supporter. -- Howard
*equal opportunity offense to both extremes*
October 22, 2006 6:01 PM | Reply | Permalink
There is a world of difference between contingency calling for extraordinary acts, and institutionalizing the extraordinary. If the situation is so dire, then those in the field will do what seems required and accept the consequences if unjustified.
There is no need to legalize desperate measures, partly since we are not desperate, and mainly because when we are, law won't matter (see G. Washington, FDR, etc.)
October 22, 2006 6:30 PM | Reply | Permalink
I will read the book.
On another matter, am I the only one who believes the Republicans will hold the House and Senate this November 7?
All Democrats and most Republicans believe the Democrats are a lock to win one or both houses but I don't see it at all.
Remember when John Kerry was a lock? How could Bush possibly win? Who would vote for him?
I am eager for our discussion the morning of November 8...
October 22, 2006 6:41 PM | Reply | Permalink
I don't have my Geneva Convention immediately at hand (it's somewhere in the bookcase), or, to be specific, the Army Field Manual on the Laws of Land Warfare, which cross-reference the Hague and Geneva Conventions. There are provisions for military tribunals, as I remember a provision that normally, the Protecting Power (i.e., a neutral country or the Red Cross) can observe. It was specified, however, that if especially sensitive information would be presented, the Protecting Power could be excluded, but that would become a matter of record.
The Conventions, however, imply the tribunal will be prompt. It's this indefinite detention without any disposition, by the Administration, that is the thing that is truly desperate. While I have not read the recent Court decision in detail, I believe they held that the problem was the long delay rather than the tribunals proper.
For the WWII German saboteur tribunals, the right to hold them was ruled upon by the Supreme Court, in Ex parte Quirin, 317 U.S. 1 (1942). There has been much argument over this decision, and it may be overturned. Nevertheless, under current law, it would appear the extraordinary is the detention without disposition, rather than the tribunals themselves.
--
Howard
*equal opportunity offense to both extremes*
October 22, 2006 7:11 PM | Reply | Permalink
One problem with the new military tribunals is that they old military tribunals already existed so why we needed new ones? Apparently because the old military tribunal allow for the possibility that the accused will be found innocent.
And what legal code will be used by the new tribunals? Some laws created for the occasion and after the (alleged) act?
October 22, 2006 8:21 PM | Reply | Permalink
As I understand it, the major court issue was that the detainees were held without tribunal. Are you saying the new ones are not governed by the UCMJ? I haven't analyzed the new law, so I'm asking for specific information if someone has it.
--
Howard
*equal opportunity offense to both extremes*
October 22, 2006 8:45 PM | Reply | Permalink
I wouldn't at all doubt that CENTCOM, which would be responsible for them, has any number of plans. It's pretty standard for a headquarters at that level to have basic plans for anything they can conceive. For example, when Iraq invaded Kuwait, there were basic plans to get a "speed-bump" that was able to handle the initial deployment. Indeed, I'm not joking when I say there are plans for situations where there is no plan -- these designate a balanced force for an unknown contingency.
One might start with a copy of OPERATION FREQUENT WIND, which was the 1975 fiasco out of South Viet Nam. I'm not saying that lots of people didn't do an outstanding job, but the British did a better job at Dunkirk at getting out their allies. There were also major problems with sensitive information about Vietnamese who worked wth the US; it was not destroyed. Admittedly, those were paper or punch-card records; computers are easier to erase.
The situations aren't quite comparable, because the 1975 takeover was by conventional North Vietnamese troops with armor and artillery. Air wasn't too much an issue due to defections.
I don't really see how the opposition could take the larger US bases, given air cover from carriers and Kuwait, as well as longer range from other places such as Diego Garcia. Some of the smaller FOBs would need evacuation, but I can't see any plausible way that LSA ANACONDA (ex-Iraqi Balad Air Base) could be taken by light forces. The biggest problem would be civilians as hostages.
--
Howard
*equal opportunity offense to both extremes*
October 22, 2006 8:55 PM | Reply | Permalink
A typo or an insightful republican Fruedian slip? You decide.
October 23, 2006 3:46 AM | Reply | Permalink
"History is a nightmare from which I am trying to awake," the novelist James Joyce once wrote. From the fall of the Berlin Wall and the collapse of the Soviet Union up until the morning of Sept. 11, 2001, we were on a holiday from history.
We were happy to pay little attention to the Islamofascist terrorist threat that should have been apparent from the first World Trade Center bombing in 1993.
We left that to government officials, Clinton and Bush, who took it seriously and did some things to address it -- but in hindsight not enough.
Since then, Bush has taken the offensive and had some successes in stopping terrorists. But you guys seem to be growing tired of the fight. That places us all in danger.
Imagine how well the Iraq war would be going if the elected Democrats were united behind the President, the mission and the troops, rather than emboldening the terrorists by blaming the President, the mission and the troops.
October 23, 2006 8:45 AM | Reply | Permalink
Not to put to fine a point on it, but the evidence is that Bush didn't take it seriously at all.
Specifically, Bush abandoned Larry Clark's plan to go after Al Quaeda, shelved the Hart Rudman report which would have strengthened airplane and airport security and potentially stopped 9/11, he chose not to respond to the Cole bombing for fear of provoking Al Quaeda, he downgraded terrorism as a priority, dropping it off some lists entirely, he took manpower and money from anti-terrorist activities, and broke off efforts to control international small weapons traffic and money laundering, finishing it all up by ignoring a little memo that said "Osama Bin Laden intends to strike *inside* the US." No wait... He didn't ignore it, he acknowledged it and said 'You've covered your ass.'
The 'successes' in stopping terrorists seem confined to catching that guy who was planning to take out the Brooklyn Bridge with a blowtorch, and perhaps catching Jose Padilla though by this time we have no idea what he's alleged to have actually done.
We can charitably assume that the London Subway attack, the Madrid train station attack, the Bali Bombing, the Turkish Banks attacks, and the ongoing strife in Afghanistan and Iraq, both of which are rapidly deteriorating, are not successes.
This is the sort of talk which all to often earns a great big F.U. from those people hectored.
What you are doing is simply articulating a 'stabbed in the back' meme. That if not for 'those dirty hippies' we would have won in Vietnamiraq, for sure.
Let me say at the outset that I find it intellectually and morally dishonest. It is nothing more or less than a childish effort to shift blame and evade responsibility for the results of actions. Its scapegoating and game playing. And frankly, it deserves a great big F.U.
But instead of simply dismissing you with an obscenity, I will do you the courtesy of dissecting that proposition:
So, assume that the elected Democrats all fall into lockstep... what could they do? Well, I suppose that they could vote for all the defense appropriations, 300 billion? 500 billion? That Bush sends their way to pay for the war. Guess what, they do. So thats irrelevant.
Perhaps they could shut up and stop talking about body armour, humvee armour, increasing the force size, potentially instituting a draft, etc? Would that make any kind of difference. Don't think so. If anything, Democrats criticism has improved the war effort in these respects.
Perhaps the Democrats could stop talking about the lack of a strategy in Iraq, the failures of reconstruction, the runaway corruption and incompetence, the military bungling, the epidemic of torture, the reise of militias, and the deterioration of a security situation so precipitously that the US army has retreated from Anbar to Bagdad?
Yep. They could not talk about these things.
But Kiwi, let me ask you, how does not talking about these problems make them go away. If a soldier is shot in the forest and there's no one around to hear him fall, is he still dead?
The factors driving the Iraq insurgency exist without regard to the Democrats, they are entirely creations of Bush. The insurgency itself has escalated relentlessly despite Bush's best efforts and has been fed by many of his worst efforts.
The problem is not that Democrats are undermining the war effort. Bush's own incompetence, including the very decision to take the country to war based on lies, undermines the war effort.
The problem is that the Democrats have not, and have never been able to keep Bush honest.
October 23, 2006 9:12 AM | Reply | Permalink
Gad. This is now a spaghetti thread.
October 23, 2006 9:19 AM | Reply | Permalink
Re: Remember when John Kerry was a lock?
Nope. I recall only a point when it seemed that Kerry might win, but at no point was he a shoo-in. And his high tide mark came in the summer of 04, befoer the Swift-Boat slanderers got in the act. By Oct 04 Bush's fortunes were on the mend and most polls were giving him a slight advantage.
October 23, 2006 9:50 AM | Reply | Permalink
"Imagine how well the Iraq war would be going if the elected Democrats were united behind the President, the mission and the troops, rather than emboldening the terrorists by blaming the President, the mission and the troops."
Imagine how much progress we might have made in dismantling Al Qaeda without this idiotic Iraq adventure. The resolve of Republicans must be pretty feeble if they need the help of Democrats, who have zero say in scheduling hearings, scheduling votes, setting the agenda, or anything of substance. It's all GOP---they can't shirk responsibility.
We are not tired of the fight that matters, only the hopeless one Fearless Leader saddled us with. If you like the current mess, vote for more of the same. I'm voting against the GOP, and for Democrats, since the guys that got us to this point are hardly to be viewed as the guys to get us out of it.
October 23, 2006 10:57 AM | Reply | Permalink
In that case, I shall not refer to a brave poster as having brass gonads, but meat balls.
--
Howard
*equal opportunity offense to both extremes*
October 23, 2006 12:35 PM | Reply | Permalink
Tom-
You are weary, it seems, and ready to go back on holiday.
Some things -- a nuclear attack on the United States, the successful release of a disease pathogen that could kill millions -- are just too horrifying to think about.
But maybe you should think more about them. As Leon Trotsky is supposed to have said, "You may not be interested in war, but war is interested in you."
October 23, 2006 2:32 PM | Reply | Permalink
I've thought in rather great detail about such things as a nuclear attack on the United States, or biological warfare. My expertise in the former is more in C3I than the hardware, but I can make meaningful noises about a B83 versus a B61 bomb, can explain the variables in burst height versus ground overpressure as a function of the Mach effect, a bit about equations of state in linear implosion systems...that sort of tripe. Going through the details of MEECN, and the systems for communication Emergency Action Messages to release nuclear weapons, is sobering.
As to the biological, I worked with it before the Biological Warfare Convention, and still do occasional designs of CB detection systems. Some of my reading yesterday was a review of the mechanisms involved with the three anthrax toxins, their interaction, and the potential for prevention and treatment based on interfering with at least one.
My point is that I have thought about WMD issues for many years, and sometimes dealt with it professionally. Given that, I still fail to see the linkage between a serious WMD threat and the US invasion of Iraq. Even the questionable information in the decision justification did not show a clear and present danger to the United States. I fail to find rationality in the Administration position that Iran is a ticking nuclear clock, while the Dear Leader probably just left some kimchee in a crock with too tight a lid. I've done that myself; luckily, I heard the hissing before it exploded.
So when one spends time thinking about these issues and finds the Administration less than convincing, and the majority Congress holding its hands over its ears, how, then, am I unprepared for war, and the prevention of it? How, in turn, is the Administration lowering the threat?
--
Howard
*equal opportunity offense to both extremes*
October 23, 2006 2:46 PM | Reply | Permalink
I'm not surprised that you're a Trotsky fan. Certain among the right wing were dedicated followers.
Actually, we've thought of a nuclear attack and almost nothing else for decades on end. Remember the cold war. Remember when there were a couple of states out there, the USSR and China, each with enough nuclear weapons to permanently end the US forever... hundreds of millions of casualties, nuclear winter, mutually assured destruction? Ring a few bells.
The threat of a terrorist detonating a nuclear weapon, while horrific, is clearly on a lower scale. It is also a problem that can be managed, contained and eliminated.
For instance by helping to pay to dismantle the Russian nuclear arsenal and eliminating its 'loose nukes', by not transferring nuclear technology to countries like India which refuse to sign the non-proliferation treaty, by not rewarding and giving a free pass to countries like Pakistan who sell black market nuclear technology, by not bungling negotiations with both Iran and North Korea, by not invading other countries on fabricated charges... all things that Bush has blown.
Despite that, there are other safeguards, including some effective monitoring of nuclear materials, nuclear scientists etc., which Bush hasn't managed to completely screw up.
The truth however, is that a terrorist organization possessing a nuclear weapon is more a threat for comic books than reality.
Reality: Nuclear weapons are hideously expensive to acquire, or difficult to build. Building one from scratch requires billions of dollars and decades of work. Either way, its a massive investment. Terrorist organizations are all about being cost effective. Bang for the buck. For the simple outlay of a box of box-cutter knives and some one way tickets, Al Quaeda brought the US to its knees and made a hole in New York. We were lucky to get away with 3000 casualties. An hour or so later, and those casualties might have been 40,000. So what is Al Quaeda going to be having fun with? They'll always pick the low hanging fruit and go with the simple cost effective attack, rather than some ludicrously expensive scheme.
As for a deadly biological weapons attack. We've already had those: 1) The Anthrax terrorist. 2) The Fake Anthrax attacks, white powder letters sent to hundreds of clinics by anti-choice lunatics. 3) The Salmonella attacks of the west coast that weren't diagnosed as attacks until a perpetrator came forward. 4) The Aum Cult chemical weapons attack.
What do we learn from this? Scary yes. Dangerous yes. A threat to our civilization. No.
October 23, 2006 2:50 PM | Reply | Permalink
[Responding to Valdron's post of 5:50 10/23, but I refuse to deal with the line width]
Aum also tried a large-scale anthrax aerosol on Tokyo. Luckily, they had never confirmed the strain they had was pathogenic for humans. Any Tokyo cattle would, however, been in real trouble.
The cost of building a physically large nuclear weapon is relatively low if you have stolen/bought the fissionable material, and many of the techniques involved in miniaturization and yield enhancement. IIRC, an 8" nuclear artillery shell cost $1 million, about $750,000 being the refined special nuclear material. It does seem, however, that we can no longer say any nation-state that tried to build a fission weapon succeeded on its first try.
As far as low-hanging fruit, consider Bhopal, or the train wreck, in Florida IIRC, where a tank car of chlorine derailed and leaked, luckily in an unpopulated area. Still 8 died and a hundred or so was injured, and the local emergency services properly evacuated a couple of square miles. To put that in context, the first German poison gas attack of the First World War used 160 tons of chlorine on about a two-mile front.
The two standard tank cars of chlorine carry either 90 or 55 tons of the element. I'd rather see some of the dollars spent "fighting them over there" spent on hardening the chemical industry, and other US critical infrastructure.
--
Howard
*equal opportunity offense to both extremes*
October 23, 2006 3:15 PM | Reply | Permalink
Re: Imagine how well the Iraq war would be going if the elected Democrats were united behind the President
I have a hard time seeing why it would matter in Iraq if the Democrats here were foot-stomping in favor of the effort. The Democrats are the party out of power and no matter what their (very divided) opinion on Iraq they have had zero ability to hinder the administration's war effort. Bush has gotten everything on Iraq he has asked for Congress without exception and still the war is becoming, in Stirling's words, a debacle.
October 23, 2006 3:26 PM | Reply | Permalink
I'll let Howard address the specifics of threat, and simply ask why we undercut Afghanistan for Iraq. If you are worried about threats you should be mightily pissed at the WH.
Another thing I'm tired of is parroting of GOP talking points. Maybe you can explain why Saddam would have asked for annihilation by attacking us with (non-existent) WMD?
October 23, 2006 3:36 PM | Reply | Permalink
I knew someone was going to make a break from spaghetti-land.
Theoretically, if you had the fissionables and every single thing went the right way and you had a good set of blueprints, you could build a nuclear weapon cheaply with materials bought at Home Depot.
And in fact, there are rough diagrams of nuclear weapon design in the Encylopedia Brittanica, and there are articles in readers digest about grad students who did designs.
So yeah, that's conceded.
Still, what occurs to me is that no country has succeeded in building, or substantially pursuing a nuclear weapon without a massive investment of years of work, tens of thousands of man hours, hundreds of millions or billions of dollars, and major commitments. This includes the US, USSR,China, France, Britain, Israel, India, Pakistan and North Korea. It also includes South Africa, Argentina and Brazil.
So colour me skeptical. It strikes me that there's big gaps between the theory and actually manufacturing one. It's one of those little circus tricks like balancing a dog on the end of a pole on your nose that's harder than it looks. Even with the fissionables, there are major technical obstacles it seems.
As for miniaturization, well, that comes about through decades of technology refinement in the US and USSR. I think that is itself a complete second order of complexities.
Obtaining fissionables also strikes me as a fairly huge problem. Weapons grade Uranium or Plutonium is not easy to refine yourself. And if you aren't refining yourself, then its damned hard to buy or steal. And its damned hard to handle.
Frankly, I see three plausible scenarios in which a nuclear weapon might fall into the hands of terrorists:
1) Loose nukes, in which corruption or gangsters in the former Soviet Union combined with a collapse of security, allowing for nuclear weapons to go missing, or worse, undocumented and missing, and ending up in the wrong hands. This was what the Loose nukes program was supposed to prevent... before Bush cut the funding.
2) Looser nukes, in which the disintegration of Pakistan or its military government creates such a situation of instability that renegade ideological groups are able to acquire, steal, buy or be given a nuclear weapon.
3) Loosed nukes, in which a government under threat, with no other delivery vehicle, gives a weapon to a terrorist organization in order for them to deliver it covertly to the target.
Building one from scratch though? I'm not persuaded.
Good point though about the Chlorine thing. There's a lot of that going on. Back in the 70's or 80's in the Canadian town of Mississauga, a train derailment caused the evacuation of a quarter million citizens. In American terms, that would be like evacuating two or three million people. Nothing happened, dodged a bullet.
But I remember back in the day, my home town in New Brunswick had a chemical plant, and received shipments of chlorine. A large part of the town was in a valley between two big hills. So if there was a train derailment wrong place and wrong time... well, it wouldn't have been good.
Cost effective, yaknowhatimean?
October 23, 2006 3:42 PM | Reply | Permalink
If I try to come up with a plausible scenario for Saddam's WMD thinking, and assume the man is intelligent and manipulative, the fact that the one significant thing that the UN inspectors found were missiles of prohibited range, it adds credibility to one theory: that he recognized that he couldn't be a credible threat without delivery systems, so he put the WMD warhead development on hold while focusing on delivery system development.
During this time, he bluffed, even to his own people, that he had WMD. Apparently, general after general told interrogators that his division had cno hemical weapons, but he had heard the Adnan or the 52nd Armored or the Hammurabi or the Special Republican Guard...well, someone did.
Reasonably modern missiles were essential for him to threaten Israel, because there his aircraft would be unlikely to get through and he had no submarines.
Supplying them to terrorists
The problem here becomes one of size. If one pictures a nuclear weapon in a ship to be sacrified, that would be the likeliest to deliver one -- "backpack" devices need an extensive testing program.
There would be no reason to struggle getting chemical weapons to the US, when various substances, admittedly not as toxic as the nerve agents, are in routine shipping.
Biological agents probably have the best yield for weight, but the more fundamental question is why Saddam, whose first interest was always Saddam, would want to attack the US directly? He seems to have a concept of deterrence theory.
--
Howard
*equal opportunity offense to both extremes*
October 23, 2006 3:49 PM | Reply | Permalink
Frankly, I'm skeptical even about the missiles. Their range wasn't that great. Perhaps ten or fifteen kilometers over the prohibited range. The Iraqi defense was that the missiles when loaded with warheads would have been within the legitimate range. Without technical information, I can't say I find that an unreasonable defense.
I don't see Hussein as having any inherent bent towards Israel, notwithstanding a tussle or two.
The Baathists were always secular nationalist pragmatists. Of all Arab groups, they were the most likely to accommodate to the existence of Israel. They simply didn't have a big dog in the fight. There was no religious cause animating them, and the notion of pan-arab nationalism was long dead.
If the Baathists of Iraq could find bitter enemies in the Baathists of Syria, then Baathism as any sort of pan-arab or ecumenical force was done for.
Hussein could care less about wiping Israel off the map if there wasn't anything in it for him.
His hostility to Israel in the gulf war and subsequent was politics at the most superficial level.
He hoped that by attacking Israel in the Gulf War he could (a) deter the United States, or (b) unite the Sunni muslim world behind him. Neither worked.
After the Gulf War, in the sanctions era, he was a pariah and he found he could buy a little bit of credibility on the cheap by advocating and support the Palestinian cause.
It's pretty much the same way all those Republican politicians rediscover Jesus and start toting their bible around when they get indicted. It ain't no more serious and deep than that.
Reality is simple. If he'd seen a better deal in the offing, he'd have recognized Israel, exchanged embassies, signed treaties and trade deals... Anything for the greater glory of Saddam Hussein.
October 23, 2006 6:16 PM | Reply | Permalink
--
Howard
*equal opportunity offense to both extremes*
October 23, 2006 6:20 PM | Reply | Permalink
I think Saddam viewed in the greater sense. Look at his geo-strategic situation.
His neighbors were Iran, a country three times Iraq's population which he'd fought a war with. Turkey, a country with twice Iraq's population and poor diplomatic relations. Syria, an enemy state 4/5ths Iraq's population which had supported Iran in the war. And Saudi Arabia, a state of equivalent population and staggeringly greater wealth and political influence.
In short, he was surrounded by a sea of enemies and rivals which matched or overmatched him. His imperial vision of Iraq and his own destiny meant that he had to punch well above his weight class. His surroundings induced paranoia. Anti-Israel agitprop was just a cover for a policy based in equal parts fear and hubris.
October 23, 2006 6:58 PM | Reply | Permalink
Re: Back in the 70's or 80's in the Canadian town of Mississauga, a train derailment caused the evacuation of a quarter million citizens. In American terms, that would be like evacuating two or three million people.
Mississaugua is in a very high density population area (the Toronto-Hamilton suburban belt), at least so it has seemed whenever I driven though the ghastly traffic up that way, so I doubt a similiar derailment would involve any more extensive evacuation in the US, unless maybe in a very high density area with lots of high rises and the like.
October 23, 2006 7:15 PM | Reply | Permalink
I was just referring to the fact that there's a lot more of you than there were of us, it was a proportional population thing.
You'd get the same sorts of evacuation in areas with similar population densities.
October 23, 2006 10:12 PM | Reply | Permalink
With the loose category, especially with the miniaturized devices, there's a time factor. These things do have a shelf life before they have to go back for depot level teardown and reassembly. Now, I'm assuming US technology here, but it's my understanding that the US, in an amazing burst of wisdom, gave a significant amount of weapons safety and security information to the Soviets.
Many, but not all, US weapons have a "permissive action link (PAL)". This ranges from a combination lock to switches in which you have to input a ten-digit number to arm the weapon. With the latter case, there are both multiple codes for "dial-a-yield", but the weapon disables itself beyond field repair if too many errors are made.
We also know that the Soviets were even more stringent on the arming of their land-based ICBMs. With us, it's code inserting, and the code must come from a remote site, but then it's mostly the joint confirmation of the order by two people. With the Soviets, one arming device was with a Strategic Rocket Troops officer, and the other was with a KGB officer with a guard detail.
Anyway, getting back to the weapons, they often contain very specialized batteries, not commercially available, which will wear out. These are designed to dump their energy in a short pulse, so yes, one could figure out an equivalent, IF one knew the specifications of the output.
Also, many weapons are tritium boosted. Tritium has a half-life of 12.6 years, and it can't be assumed you'll get a little less with an old weapon. Tom Clancy's scenarion in The Sum of all Fears was correct in one way: the breakdown products of tritium actively damp down nuclear reactions, absorbing neutrons.
--
Howard
*equal opportunity offense to both extremes*
October 24, 2006 7:48 AM | Reply | Permalink
Howard,
I admit that I have no idea. I know that in normal military trials a special military code is used. On the other hand, I do not know what is the code of crimes for which captives can be tried.
I also do not know upon what grounds can we try a person for action that in his jurisdiction were legal (say, being a driver for Bin Laden). Can one country outlaw activities in other countries, or should it be an international treaty to have some legal standing? Can North Korea capture US citizens and try for slandering the [long list omitted] and Illustrious Leader Kim Jong-Il (a capital offence) if that slander was committed in USA?
October 24, 2006 8:02 AM | Reply | Permalink
You are probably right, Valdron. Criticism of the war or any policy is not the problem.
Nonetheless, don't you think that when the terrorists watch CNN and see U. S. Senators compare our soldiers to Nazis, call the war a terrible mistake, the President a liar and criminal, and state that the U. S. is losing the war and should redeploy and leave at once, they are encouraged to fight another day and kill another Marine?
October 24, 2006 10:28 AM | Reply | Permalink
If the person was captured in a combat situation or in what is reasonably considered a war zone, it is generally accepted that a combatant country can use its military law, as long as it is consistent with the Hague and Geneva Conventions ratified by that country, and a collection of other rules generically called the Laws of Land Warfare (yes, they apply to sea and air as well). The Laws significantly derive from the Lieber Code, which was the first significant attempt to codify the laws of war, in the American Civil War.
Before that, there were various concepts of Just War Theory, to which Augustine, Grotius and Aquinas contributed considerably. These are more oriented toward nation-states than individuals.
So, in this case, it can be argued that the driver of my enemy is my enemy. If the individual was purely a driver, you still might be able to convict on conspiracy, supporting bin Laden in his acts. It would be tricky legally, especially if it is known that bin Laden spoke of goals or operations in his presence.
My reference is the US Army Field Manual on the Laws of War. I can't give you a direct link, because you have to interact through the Army library portal. Go to "search", then put in the keywords "Law of Land Warfare" or "FM27-10". Be prepared that it tends to be a slow site, especially at the beginning. Once you are in search mode, it's much faster.
There is another category of law that is arguably applicable to non-state actors, which is the basic authority against pirates, hostis humani generis. This is an area of law which, worldwide, needs much better definition. While piracy was covered in the Treaty of Paris of 1856, the rules were treated oddly: almost no countries ratified the Treaty, yet most seafaring powers followed it.
International law is tricky, and also that the US has not joined the International Criminal Court so the ICC treaties are not relevant. The Nuremberg Principles are not in a ratified treaty anywhere, although they were approved by a UN General Assembly Resolution. -- Howard
*equal opportunity offense to both extremes*
October 24, 2006 11:30 AM | Reply | Permalink
Perhaps you could cite the instance where a Senator called or directly compared American soldiers to Nazi's? That's the sort of hyperbole that leaves many people dismissing you as an ideological fruitcake.
To answer your question, however, the answer is clearly and obviously no. The reality is that the Insurgents are already committed to fighting American soldiers, they have crossed that threshold, made that decision, and that decision and those actions are exclusively local.
The notion that the Iraqi insurgents are English speakers who have the wealth and leisure to follow the debates on CNN strikes me as somewhat mischievous. Most of them are solely Arab speakers, most of them don't have satellite dishes. Most don't even know what a Senator is.
You might have had a slightly better argument if you were asking about fence sitters. Volatile but comfortable Islamic youth who are not terrorists or insurgents, but become so incensed and outraged by what they see on television that they sign up for Al Quaeda or the Iraqi resistance.
Then I might concede that you have the possibility of an argument.
If you'll do me the honour of patience, I'll reply to that unvoiced argument.
The problem you have is that the terrorists or insurgents sole source of information is not CNN.
In fact, they're often people whose relatives have been killed by American bombs or American troops. They're people whose houses have been raided. They're people who were picked up off the streets and put in jail without cause. People with guns pointed at them. People who were tortured in Abu Ghraib. They're people who know there were no wmds in Iraq. People who saw the pictures that came out of Abu Ghraib.
They're people who watch Al Jazeera, or who watch CBC or BBC, who read European or Iranian or Egyptian magazines and newspapers, they're people who talk to their neighbors, who hear gossip and rumours, who keep up with local news, or who have first hand experience or who know the experiences of friends and relatives.
Look, Kiwi, just between you and me, and speaking seriously... what do you think incited more insurgent activity and Iraqi support for insurgents.
Some thirty second clip of some fat white Senator proposing some complicated 'redeployment' plan of staged withdrawal to forward bases and 'over the horizon' verbiage.
Or the hundreds and thousands of photographs and videos that came out of Abu Ghraib?
Seriously.
Which do you think did more damage to America's credibility among Arabs?
Some fat middle aged white guy on a talking head spot calling the President a liar... something which the angrier arabs took for granted.
Or constant news coverage of Israel's attack on Lebanon, where the President came down four square in support of Israel's attack, despite endless pictures of exploded children and bombed villages, where the President in full view of the Arab world, expedited shipments of armaments and jet fuel to Israel, while all the time blaming Hezbollah and obstructing a UN ceasefire resolution.
Now, I don't want to get into an argument on the Lebanese war or what really happened. But you must understand that the way I described it is the way it appeared in Arab newspapers, the way it appeared on Arab television, the way it appeared to the Arab people.
So which really did the most damage?
Seriously.
On a purely abstract basis, your argument that dissent empowers the enemy is a significant one.
But in the real world, you have to concede that the enemy is motivated by many sources of information, and that the internal dissent of America is merely one factor, and a minor factor, if a factor at all. It is in my view, so small and insignificant a factor in comparison to the variety and magnitude of other drivers that it is not meaningful at all.
Moreover, there are huge and dangerous implications for your attitude in the suppression of free speech and debate, and the free flow of ideas and positions. The excuse to shut down any dissent becomes 'our enemies' are watching. All debate ends. Any debate can be ended that way. America becomes a totalitarian society, incapable of debating pressing issues.
Balancing the two, I can find no other alternative but to endorse free speech.
October 24, 2006 12:11 PM | Reply | Permalink
That was a persuasive argument.
The Senator who compared our troops to "Nazis" was Illinois Democrat Richard Durbin. He was referencing, as you did, the Abu Grab treatment of the terrorists, and, in fairness, he did apologize.
I talked to my son Saturday. He commands seals in Iraq and tells me that the U. S. is winning every battle. They call the insurgents battle plan "suicide by Marine."
He also notes that it is discouraging to his troops, not so much the Annapolis officers like himself, but the regular guys on the ground to see the Democrats bash the President and call the war and their efforts a "criminal mistake." (Howard Dean)
So, although your arguments are convincing, the practical effect of disparaging the mission on the guys who believe they are defending our country is serious.
Yes, I do question the patriotism of anyone who seeks to frustrate the war effort while my son and his troops are risking their lives daily.
October 24, 2006 3:29 PM | Reply | Permalink
The Nuremberg Principles aren't ratified, that's true, but it's rather astonishing to have lived to see America of all nations assuming they should not be applicable.
October 24, 2006 4:18 PM | Reply | Permalink
[Responding to Kiwi von Huber's post of October 24, 2006 - 6:29pm; I give up on the line width in that thread.
"frustrate the war effort" is rather ambiguous. I have friends in combat now, some back, some going again. At one point, I might have gone over for some consulting.
I point to the classic observation of COL (ret) Harry Summers, who observed, with respect to Vietnam, that the protest movement often directed itself, mostly in the US, with the uniformed executors of policy, as opposed to the civilian makers of policy. It is quite one thing to jeopardize the executors of policy. It is another to criticize the policy itself.
I don't think anyone can challenge COL HR McMaster's qualifications as a soldier, a historian, and, is relatively little known, someone who preferred to talk the enemy into surrender rather than kill them at no risk to his force. His book on Vietnam, Dereliction of Duty, is the best book yet on decisionmaking, with some new documents and interviews. He recounts how some of the JCS agonized over resigning in protest, choosing instead -- and regretting it in later years -- staying in because they thought they could have more influence. Johnson's policy, such as it was, seemed an attempt to dominate Ho personally, while hiding the damage to promote his very decent domestic agenda. Simultaneously, McNamara's obscure "signaling" strategy made no sense to anyone outside his staff, least of all the North Vietnamese.
Yes, there were statements by the North Vietnamese that they were encouraged by domestic protests here. At the same time, the electorate, in the final position of decision, made the determination that there was no clear objective in Vietnam. People more familiar with the details knew the South Vietnamese government was a kleptocracy largely out of touch with the people. Magsaysay's government in the Phillipines prevailed, in part, because he was inclusive of and responsive to the people, including insurgents.
Now, I want the troops there to have anything they need to give them tactical advantages and survivability. Some of the popular issues here don't resonate with the people I know in combat. They will, for example, wear only part of the armor, as a balance between protection on the one hand, and being cumbersome and contributing to heat exhaustion on the other. The same issue came with armoring the Humvees that were not factory constructed for armor -- they would overheat, and if they had too much side and top armor, were prone to overturn. Still, I'd rather have them have the armor and make the personal choice, and that there should be an appropriate number of uparmored and upgunned humvees -- but the mission of every vehicle doesn't call for that. If you uparmor everything, you lose cargo capacity and need more trucks at more risk. The whole armor discussion has become an emotional thing that often makes no military sense.
Apropos of troops, I'd like some more respect shown to the Iraqis that are brave enough to stand in a recruiting line as targets. There's something fundamentally wrong when a joint operation has the US forces in Bradleys and Strykers, while the Iraqi security forces are in buses and pickup trucks. If they are going to take over, they deserve as good equipment as our people get.
I will not, however, say that disagreement with the Administration position is inappropriate or not in support of the troops. To speak of another father and son, both of whom were recipients of the Medal of Honor,
"To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public." (Theodore Roosevelt).
The Administration has put forth no coherent and reasonably achievable set of objectives. I can't decide if that's better or worse than the classified justification of Vietnam in John McNaughton's memo to Robert McNamara.
So, yes, I can criticize the policy that caused the invasion, understanding that is a fait accompli, but recognizing that the lack of appropriate stability operations immediately after the intense combat probably doomed any chance of pacification. At this point, I don't say there should be a public statement of criteria and times for withdrawal, but I want real review, in executive session, by a Congress that doesn't rubber-stamp anything the White House wants. In my mind, that is supporting the troops.
What model is wanted of support? The Battling Bastards of Bataan? Task Force Smith or Task Force Faith? Do we go back for "three hundred Spartans died at Thermopylae. They were not defeated."
--
Howard
*equal opportunity offense to both extremes*
October 24, 2006 4:29 PM | Reply | Permalink
Well, the very controversiality of discussing a war while in progress might argue for being slow to start one (too bad we rushed that).
Then again, there are soldiers that have come back and feel otherwise than your son.
Then again, we can win battles and not win a war.
Finally, doing a "Hector" and keeping quiet while following "Priam" (Bush) into an ill-advised war is not the way this country was intended to run. Can you seriously argue that if the Iraq war was a bad move, we should just shut up and follow it through to disaster?
That turns it into a barroom brawl, where no one knows why we're fighting but just throws punches next to his friend. OK in a bar, maybe, but just plain stupid in foreign policy.
Shall we also remember that if the guys in charge had listened to expert advice there would have been a longer buildup and more troops, a secured country, restored services, and a lot less resentment, which is the main source of the threat against your son.
I know it's very hard (impossible for many) to accept risking lives for a mistake, but if it is a mistake, it must be so called. With all due respect for the feelings and morale of rank-and-file soldiers, refraining from comment encourages more risk to your son, and loss of public support makes his safe return more likely.
Howard Dean was right, but he is talking about the Commander-in-Chief, not your son or his charges.
October 24, 2006 4:51 PM | Reply | Permalink
See the top of the thread....
October 24, 2006 5:10 PM | Reply | Permalink
Replying to Kiwi Von Huber on the spaghetti-line...
Exact quote please. Abu Ghraib was the biggest and most offensive black eye for the American military in a generation. In a war where America's major moral accomplishment was to remove a tyrant who tortured people and imprisoned thousands of innocent people... it was appalling to discover that the United States was torturing people and imprisoning thousands of innocent people, beating prisoners to death during interrogation, holding children and wives hostage, and raping or countenancing the rape of prisoners or family members.
What made this moral bankruptcy worse was the fact that thousands of photographs were taken and circulated among soldiers, and that the soldiers inflicting these atrocities showed devilish glee in those photographs.
Under the circumstances, comparisons to Nazis were not surprising, and in some respects not inappropriate.
The effect on morale of both American troops, international opinion and Iraqi's was so catastrophic... that really, I can't see Senator Durbin's comment, whatever it was as being more than a drop in a bathtub full of bile.
Following Abu Ghraib one general is said to have remarked "Those assholes just cost us this war."
He may have been right.
Really? So are the two failed attempts to take out the Mahdi Army a victory? Is the original siege of Fallujah a victory? Is the retreat from Anbar province a victory? Has the pacification of Baghdad been a victory?
Even battles or situations that are bona fide victories evince skepticism. The second siege of Fallujah. The Marines won. Yay. The price of victory in Fallujah was to depopulate the entire city, destroy or severely damage eighty per cent of its buildings. You made a desert and called it peace.
Today Fallujah has less than half its original population, they live under curfew and onerous military occupation, and the city remains unsafe and a hot spot of insurgency.
After four years of occupation the insurgents have increased from an estimated 3000 originally to over 60,000. No matter how fast they are killed, they continue to replenish and increase their numbers. Attacks on Americans have risen from a few a week to well over 100 a day. 2600 Americans have died, and untold numbers of Iraqi police and soldiers.
Just about every road out of Bagdad has become impassible, the Sunni territories are now 'no go' zones, the Mahdi and Badr battle it out in the Shiite territories, and the only safe place in Baghdad is the greenzone.
None of this sounds like victory.
On the scale of downers, I would imagine that 900 insurgent attacks a week and being served rotted food by Halliburton would vastly outweigh anything Howard Dean might say.
I note that your son's report is hearsay. He doesn't say its bringing him down. Nor is it bothering 'Annapolis officers like himself.' Instead, its troubling for the 'lower orders.' Frankly, that's hearsay.
In any event, my original point is that conditions on the ground have a lot larger effect on soldier morale than the blatherings of political debates thousands of miles away.
I note that you've completely abandoned the 'encouraging insurgents' argument, and have retreated to the 'tender feelings of the troops' position. Do you figure you can hold out there?
I'm curious, but how does one argue that they are defending the United States by occupying a foreign country with no prior connections to Al Quaeda and no wmd's 6000 miles away?
But you haven't demonstrated these practical effects at all. At best you've tendered some hearsay secondhand that some GI's feelings are hurt.
Well, have they mutinied? Have they refused to fight? Have they refused to go on patrols? Have they refused to support each other? Do you have any proof that their performance as soldiers has deteriorated for this reason?
As opposed to deterioration as a result of extended tours of duty, stop loss orders, constant troop rotations, being undermanned, cutbacks in benefits, cutbacks in veterans entitlements, lack of clear mission objectives, 900 attacks a week, lack of armour, the effect on morale of Abu Ghraib, etc. etc.
Maybe this puts you on the spot. But you said 'practical effect.'
Well, if there's a 'practical effect' then you should be able to demonstrate it.
Or retreat from that position.
You have yet failed to demonstrate how criticizing Abu Ghraib, or criticizing the President for mistakes amounts to a frustration of the war effort.
To return to your point of 'practical effect', what 'practical action' have the Democrats taken which frustrates the 'war effort?
I'll make it easy for you. Just name the bill where the Democrats defeated a war expenditure?
Hell, even easier, name the bill brought forth by the Democrats to cut war expenditures?
Here's another softball, I'm just tossing out ringers, name the Democratic bill which succeeded in reducing or limiting troop strenght in Iraq?
October 24, 2006 5:35 PM | Reply | Permalink
Incidentally, I advise you, most sincerely, never to refer to a SEAL as a GI, in the presence of one. He can stay underwater longer than you can. Trust me on that, and that he will find some water. -- Howard
*equal opportunity offense to both extremes*
October 24, 2006 6:06 PM | Reply | Permalink
1) No particular disrespect is meant to Kiwi's son, or any Seal or any GI, Marine or whatever. And it should be taken that way.
2) The reality is that second or third hand information is always suspect. What people tell each other passes through filters of each person's ideas, ideals and ideology. What one person says is never exactly what another person hears. Error is built into communication and if you extend the lines of communication, as in the game telephone, there's a thousand different ways errors can creep in. For a soldier to tell me something is one thing. For a soldier's dad to tell me what he said is another. For a soldier's dad to tell me what his son's men say is still another. That's three people saying things that might be the same or different, and two people hearing things that might be the same or different.
3) In the course of a life that occasionally promised to be extremely short, Howard, I can say that I've known more than my share of hard men. If there's one conclusion I've drawn, it's that its a mistake to respect a hard man for the wrong reasons.
October 24, 2006 7:06 PM | Reply | Permalink
Perhaps next years installment should define the Left. How about "defeatists." After all, when you hope your country will lose and do all in your power to promote failure, what should you be called?
October 25, 2006 8:27 AM | Reply | Permalink
To be a defeatist, one must be able, clearly, to articulate the conditions for victory. Advocates for a war need to have a clear, not creeping, set in the beginning.
I refer you, for example, to Fred Ikle's Every War Must End (revised edition), for an example of what happened to countries that started wars without a clear definition of victory. Ikle, incidentally, is a scholar who has held subcabinet policy jobs in several Republican administrations.
Throughout history, it has not been unprecedented to win the combat-phase war but lose the peace. Here is an excellent online reference for how the WWII Occupation of Germany was planned, including the need for a separate, ready-to-go Constabulary as distinct from combat troops. Thomas Barnett, who was a Rumsfeld advisor for some time, in The Pentagon's New Map, distinguished between the "Leviathan" force geared for high-intensity combat and the "System Administrator" nation building force, and observes they are not interchangeable.
Again, I reiterate there is a strong difference between disagreeing with politicomilitary policy at the level of the National Command Authority, and not trying to make troops as safe and victorious as possible. Particularly in guerilla wars, victory can be elusive. One can point to the relatively few successful conclusions by a counterguerilla force, and, among other things, find a consistent and responsive government, without major factional fighting.
No, I don't think "defeatist" fits at all.
--
Howard
*equal opportunity offense to both extremes*
October 25, 2006 9:08 AM | Reply | Permalink
Kiwi responding to what you said halfway down this page:
I appreciate hearing what someone on the ground thinks and I assume (yes I mean that) that at least some others on the ground think the same.
Troops, SEALs and all others doing the fighting and dying need to believe that the country really needs their sacrifice. The problem is that many at home, and maybe some there, question whether their sacrifice from today forward is worth it.
My points are that winning battles is not enough reason to stay there. Past deaths are also not a reason for staying there. Likewise the reality of future deaths is also not a reason to leave. [Deaths is my shorthand for death and injury]
When the US sends troops into battle we need to be sure that we continue to believe that military action is the the best means of advancing US interests. We have to have a public discussion and the military doing the fighting may not wish it so but democracy should not be put on hold while they fight.
As an aside whether folks at home bash the President or say the US should never have gone is just something the military and supporters of the Iraq invasion have to live with. Their confidence should not depend upon universal support of a policy.
I don't believe our military can stop all those who want to wage war in Iraq. That is no disrespect for what our military can do but my recognition that the supply of motivated fighters is endless and we cannot impose a lockdown of the country without abandonning all we believe about how to fight with honor.
I want our fighting military to be returned to the US in an orderly fashion. I support a nonfighting military in Iraq that aids Iraqis in controlling their country. Training, supporting reconstruction, advising, and probably some more that I don't understand make sense to me going forward.
Our fighting military created the opportunity for a post Saddam Iraq. That is a victory as defined by what our leaders agreed needed to be done. The fact that I personally wouldn't have sent a fighting military is now irrelevant to moving forward.
October 25, 2006 9:57 AM | Reply | Permalink
Kiwi - to avoid becoming "marginalized" see my comments to you at the bottom of the page.
October 25, 2006 11:29 AM | Reply | Permalink
Joint Chiefs Pace agrees with you, Kiwi. Peter Pace, per the Boston Globe:
October 25, 2006 11:34 AM | Reply | Permalink
Kiwi - your remarks have me on the lookout for related viewpoints from the military. From AP in Boston Globe
At the Web site, http://www.appealforredress.org., the wording for the appeal says:
The article says they have 219 petitioners as of now.
October 25, 2006 2:53 PM | Reply | Permalink
Valdron, I appreciate your anger at Republicans.
I'm angry at Republicans for abandoning their principles.
This Republican president, aided and abetted by Congress, has increased federal spending at a reckless rate, even when the costs of the war in Iraq are taken out of the equation.
I'm embarrassed by the scandals that have plagued some Republicans and by the abject failure of the leadership to do anything meaningful on lobbying reform.
I'm disappointed that after years of claiming to be the party of colorblind equal opportunity, Republicans have actually expanded racial preferences in federal programs. I'm disheartened by the demagoguery on immigration and the refusal to do the one thing guaranteed to stop illegal immigration, namely, enact a broad guest worker program.
But none of these issues will make me stay home, much less vote Democratic. The fact is I don't trust the Democratic Party to lead this country in a time of uncertainty and war.
While the Democrats say they want to refocus the nation's energy on the war on terror, they've demonstrated time and again that they oppose the most effective means of fighting terrorism.
Democrats would interfere with the National Security Agency's ability to intercept communications between terrorists abroad and their agents in the United States. They would extend to terrorists being held overseas access to the U.S. civilian court system, which could jeopardize national security by making classified intelligence available to the terrorists and their attorneys.
They would treat terrorists like common criminals rather than as combatants who are at war with us.
Nor do I trust that Democrats would do the right thing in Iraq -- not that the current administration has had a stellar record there, either. I'm tired of debating whether we should or should not have gone into Iraq -- both Republicans and half the Democrats in the Senate voted to authorize the war in 2003.
The question is what the United States should do now. It's clear the war is going very badly and that Iraq is on the verge of a civil war. Democrats have offered no clear plan except to leave Iraq as quickly as possible, regardless of the consequences.
And I don't think the Democrats would back tough measures if Iran and North Korea continue to pursue nuclear weapons either. Certainly the Clinton administration's record with respect to North Korea doesn't inspire confidence.
Democrats like carrots a lot better than sticks and are more concerned with "world opinion" than American interests.
Democratic control of Congress also worries me when it comes to the economy. Democrats always want to raise taxes in order to pay for social programs, transferring money out of the hands of ordinary people and turning it over to bureaucrats.
Most Democrats are also infatuated with government regulation and rarely find a government directive they don't like. Higher taxes and more regulations are a recipe to cool our healthy economy.
Democrats seem to want to punish businesses rather than encourage the creation of more wealth. And they have a nasty propensity to encourage envy and class warfare, which benefits no one.
October 25, 2006 5:36 PM | Reply | Permalink
Let's review some methods. Let us say NSA intercepts an international link, and, using keyword recognition, specific voice recognition, or targeted phone numbers, and intercepted Mohammed Atta talking to Osama bin Laden. Since neither are US nationals, NSA is quite free to continue that surveillance without any judicial review.
Now, assume we know Osama's phone number, which for simplicity doesn't change, so we monitor all calls from it. If the call is foreign national to foreign national, NSA doesn't have to get any special authorization.
If one of the parties is identified as a US citizen, but the call is international and the citizen was intercepted from the targeting of Osama, US Signal Intelligence Directive 18 applies. NSA management and legal counsel need to review, but, in general, there's no reason not to use it for intelligence purposes. If a decision is made to do law enforcement prosecution, then other rules apply. If NSA wants to target that citizen, then a FISA Court warrant is probably needed. Remember that they can make that application 72 hours after the face. The FISA judges are cleared for all-source intelligence and rule. See below, but they have generally accepted reasonable cause without significant delay.
Let us assume Osama calls someone in the US, and that person is determined to be a foreign national, whom I shall call Maryam bint Hassan. I could argue that a warrant might or might not be needed, but a good case could be made that it is not. The major difference is that the FBI, which does have communications intelligence capability, would probably take over this surveillance.
Maryam is now under surveillance. She calls a US citizen, Xerxes. This would be an incidental discovery under USSID 18, but here, the FBI would need a FISA warrant if they were to continue independent surveillance on Xerxes. One of my colleagues is quite familiar with the FBI record on getting these warrants, and says they are very rarely refused. Of course, in the great tradition of "don't embarrass the Bureau", the FBI takes care to dot the i's and cross the t's.
Xerxes calls Sukarno, who is also a US citizen. For intercepting the content of the conversations (i.e., listening to the words), a FISA warrant is needed.
Now, let's say that the decision is made not to intercept Sukarno's communications, but only to record the numbers he is calling or that call him. This comes under the Communications Act of 1934, the Pen Register section. Pen registers being obsolete, the equivalent would be getting the Call Data Records from the serving telephone company. Under this Act, either a warrant is obtained, or the Attorney General can determine it is legal.
The Administration, however, has not bothered going to FISA, or legislation that was offered, or even an Attorney General certification when NSA put in total CDR surveillance in various telephone offices. I regard it as contempt for civil liberties, rather than interfering with surveillance, if all they had to do is get a note from daddy "It's OK. [signed] Alberto Gonzales."
Given all these options, how is it that you claim the NSA is handicapped? Further, historically the problem of intelligence agencies isn't collection, but analyzing the take, which often overwhelms the analysts. The Geneva Conventions provide for military tribunals, and, if the Occupying Power claims security, can exclude the Protecting Power as an observer. Rather than hand-waving that FDR did such things, let's be specific and cite Ex parte Quirin, admittedly a controversial Court opinion but the legal justification for the secret trial and execution of German saboteurs in 1942.
As far as I can tell, the Court was far more upset, in theses, that the tribunals were not promply convened. There is no reason that interrogation can't continue if the defendant is convicted -- it can even be an advantage, because the interrogators may be able to bargain freedom for information. No, I don't think that's required, but why do you say that classified information would necessarily be available? Take an espionage case such as US vs. Kampiles, a former CIA employee who sold the Soviets the KH-11 manual. He confessed, so no need for disclosure, other than that the judge normally reads the material in chambers. Judges selected for such things are cleared for them.
There have been a variety of other approaches, which start with a review, by the judge in chambers, of the classified material. This can include briefings.
Options available to the judge may be releasing some material to cleared defense attorneys but not the defendant, which is no big deal in an espionage case since the defendant has already seen the material. The judge may recommend that a minimal amount of material should be declassified. The judge may negotiate that material may be stipulated, as part of a plea bargain. There have been other such things, with case-by-case handling.
So with all of the mechanisms historically available to do these things, subject to checks and balances, why does the Bush 43 Administration insist on unitary authority? FDR wasn't a valid example, because you will find special authority in a declared war. With Nixon and Johnson, in the cases where wiretaps were authorized, they got convictions. Otherwise, cases were thrown out of court.
This isn't a partisan matter. It's a Constitutional matter. In some respects, I agree with you that it's not necessarily relevant to the current situation to rehash how the decision was made. That is relevant to the continuing review of the intelligence and national security operations of the United States, a proper role of Congressional oversight. That oversight is for other reasons than deciding what should be done now.
But dealing with now, what is the right thing to do in Iraq? My own feeling is that a classified and conditional deadline should be drawn up, with Congressional oversight, and it should focus on the improvement, in a reasonable time, of the Iraqi security forces. What other things would you have done? There is no evidence whatsoever, situational or historical, that foreign troops can calm a situation like this.
--
Howard
*equal opportunity offense to both extremes*
October 25, 2006 6:41 PM | Reply | Permalink
A perfect example of talking points, nearly every one factually wrong, and all reduced to comic-book caricature, such as "Most Democrats are also infatuated with government regulation and rarely find a government directive they don't like."
Not worth refuting the string of calumnies, but let's tackle one: "...they've demonstrated time and again that they oppose the most effective means of fighting terrorism.--- Democrats would interfere with the National Security Agency's ability to intercept communications between terrorists abroad and their agents in the United States."
The argument is that the most effective means of fighting terrorism is NSA surveillance, which is an assertion, not a fact, and then asserts Democrats want to stop it. This is of course untrue, since they have only asked for it to continue as it used to, legally, with a warrant trail after the fact. It has not been shown that this interferes with NSA's capabilities.
If these are actually beliefs held by the poster there is no hope for a conversation. Enjoy the facts, they are entirely the responsibility of the party in power.
October 25, 2006 6:48 PM | Reply | Permalink