Tag: Army

DoD Now Responsible for Guns and Butter

Of the many enduring tenets shaping America’s state-building project in Afghanistan, the belief that expanded economic opportunities can promote long-term stability has long been received as gospel. Past 2014, that principle will continue to animate U.S.strategy in Afghanistan.

Jim Bullion, the director of the Pentagon’s Task Force for Business and Stability Operations (TFBSO), said in a recent interview with Foreign Policy’s Situation Report that America’s long-term presence could be robust. TFBSO itself hopes to strengthen existing industries in Afghanistan by luring private sector investment. Its broader mission is to promote “economic stabilization in order to reduce violence, enhance stability, and restore economic normalcy in areas where unrest and insurgency have created a synchronous downward spiral of economic hardship and violence.”

That thinking is consistent with the U.S. Army’s Stability Operations Field Manual [3-07], which states that the “long term and costly” effort to reintegrate former combatants includes vocational training, relocation and resettlement support, and assistance in finding employment. Indeed, a couple years back, Secretary of State Hillary Clinton articulated a similar vision when she made clear that for those militants who turned away from the Taliban, “we need incentives in order to both protect them and provide alternatives to them to replace the payment they received as Taliban fighters.”

So much is wrong with this way of thinking it’s difficult to know where to start. First, part of the coalition’s problem has been attempting to secure and stabilize an active war zone while simultaneously spending staggering sums of money to develop it. As a result, numerous audits, reports, and investigations have found that a number of projects and programs funded by DOD, State, and the U.S. Agency for International Development (USAID) have been ineffective, unsustainable, produced unnecessary redundancy, wasted resources, and fraud.

In addition, as Congresswoman Betty McCollum (D-MN) asked last year in a statement on the TFBSO and a defense bill appropriating $150 million to operate it:

When in the course of this long war did it become the Department of Defense’s role to facilitate business opportunities for Afghan and foreign companies?

Is it really within the Pentagon’s expertise or mission to excel at business development, farming, or mineral exploration?

[…]

Every House member needs to ask why the Pentagon is supporting the development of the Afghan carpet industry while U.S.soldiers are under attack.

McCollum makes some astute points. That said, she also argues that the role of promoting economic development belongs to civilian agencies like USAID, State, and Commerce. On that point, we diverge.

The underlying assumption of economic development programs in Afghanistan is that locals will gravitate toward the Taliban if they lack an alternative livelihood. Certainly, the promise of money and jobs has lured some militant foot soldiers off the battlefield, but to adopt this position as the crux of an overarching strategy does more to trivialize the complex blend of intangible motives that spur many locals to fight.

Some Afghans (and Pakistanis) take up arms for reasons other than economic impoverishment. They do so for reasons such as factional infighting, traditional/local/tribal vendettas, the promotion of jihad, or group exclusion from power. In this respect, the causal link between economic development and conflict alleviation is not so robust, especially if other more pervasive forces are underlying the conflict.

Moreover, a few of Afghanistan’s most insecure provinces have received the most development aid. Matt Waldman, Oxfam International’s former head of policy in Afghanistan, wrote years ago, “if it were a state,Helmand [province] alone would be the world’s fifth largest recipient of funds from USAID, the US Agency for International Development.”

Part of the problem is that money that’s pumped into unstable environments becomes unaccountable. That often creates a feedback loop in which foreign aid breeds corruption and generates more instability. In fact, that was the finding of a June 2011 Senate Foreign Relations Committee report:

Foreign aid, when misspent, can fuel corruption, distort labor and goods markets, undermine the host government’s ability to exert control over resources, and contribute to insecurity.

Ironically, the “economic opportunity = long-term stability” strategy achieves neither. In certain areas, continuing such policies beyond 2014 may not only do more harm than good, but also perpetuate the dysfunction and underdevelopment that has plagued Afghanistan for centuries.

Congress Pushes Biometrics

The Federal Trade Commission has no jurisdiction over government entities so when it looks with concern at the use of facial recognition technology, it’s looking at the private sector.

Facial recognition is only one of many biometric technologies, of course, and Congress is pushing hard for biometrics that can help track and control us for various purposes. If anyone should be looking with concern, it should be us looking at the federal government.

There are legitimate uses for biometrics, of course, and well-designed implementations will undoubtedly benefit us all. But biometrics programs implemented for the government will tend to prioritize hoovering up federal cash over striking delicate balances among cost, effectiveness, privacy, and civil liberties.

So let’s look at how Congress is pressing—and in one case insufficiently restraining—the rapid advance of biometrics.

H.R. 658, the FAA Reauthorization and Reform Act of 2011, has passed the House and awaits action in the Senate. It says that “improved pilot licenses” must be capable “of accommodating a digital photograph, a biometric identifier, and any other unique identifier that the Administrator considers necessary.”

H.R. 1690, the MODERN Security Credentials Act, establishes that air carriers, airport operators, and governments may not employ or contract for the services of a person who has been denied a TWIC card. “TWIC” stands for “Transportation Worker Identity Card,” the vain post-9/11 effort to secure transportation facilities from bad people. TWIC cards use biometrics.

The Army deploys biometrics. Public Law 112-10, the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (cost per U.S. family: $13,500+) allowed spending on Army field operating agencies “established to improve the effectiveness and efficiencies of biometric activities and to integrate common biometric technologies throughout the Department of Defense.”

There are lots of biometrics plans in the immigration area. H.R. 1842 is an immigration bill called the Development, Relief, and Education for Alien Minors Act of 2011. (Senate version: S. 952) It would allow an otherwise qualified immigrant to get conditional permanent resident status only after submitting biometric and biographic data for use in security and law enforcement background checks. (Alternative procedures would be available for applicants unable to provide such data because of a physical impairment.)

S. 1258 does roughly the same thing with regard to any lawful immigration status. This bill is called the Comprehensive Immigration Reform Act of 2011, one of many attempts at comprehensive reform. In addition to requiring immigrants to submit biometrics, it also requires the government to issue “documentary evidence of lawful prospective immigrant status” that includes a digitized photograph and at least one other biometric identifier. The bill would also reinforce the use of biometrics in employer background checks and at the border.

H.R. 2463, the Border Security Technology Innovation Act of 2011, calls for continued study of mobile biometric technologies at the border. The Under Secretary for Science and Technology of the Department of Homeland Security would coordinate this research with other biometric identification programs within DHS.

H.R. 2895, the Legal Agricultural Workforce Act, would create a nonimmigrant agricultural worker program. In the program each nonimmigrant agricultural worker would get an identification card that contains biometric identifiers, including fingerprints and a digital photograph.

S. 1384, The HARVEST Act of 2011, is similar. In providing for the temporary employment of foreign agricultural workers, it calls for “a single machine-readable, tamper-resistant, and counterfeit-resistant document” that verifies the identity of the alien through the use of at least one biometric identifier.

There’s more than just immigration. Pursuing waste, fraud, and abuse, H.R. 3735, the Medicare Fraud Enforcement and Prevention Act of 2011, would establish a biometric technology pilot program. The five-year pilot program would use biometric technology seeking to ensure that Medicare beneficiaries “are physically present” when receiving items and services reimbursable under Medicare. How many biometric scanners would have to be out there for that to work?

S. 744, the Passport Identity Verification Act, calls on the Secretary of State to conduct a study into whether people applying for or renewing passports should provide biometric information, including photographs that facilitate the use of facial recognition technology. I bet the answer they get back is “Yes!” That’s how you build programs in the federal government: do a study, then a pilot program, and then—bingo—you’ve got a full-fledged, permanent drain on the public fisc.

Speaking of money, S. 1604, the Emergency Port of Entry Personnel and Infrastructure Funding Act of 2011, establishes a grant program in which the Department of Homeland Security would give cash out to state and local law enforcement for the purchase of various technologies including “biometric devices.”

I mentioned that there is a bill that would restrain biometrics insufficiently. H.R. 654 is the Do Not Track Me Online Act. It would direct the Federal Trade Commission to prescribe regulations regarding the collection and use of information obtained by tracking the Internet activity of an individual. The bill would treat unique biometric data, including fingerprints and retina scans, as “sensitive information” while allowing the FTC to modify its definitions.

And the FTC would have to modify the definitions because one’s face is unique biometric data, meaning that anyone who stores photographs online would be subject to regulation under the bill—oh, except the government.

The bill specifically excludes “the Federal Government or any instrumentality of the Federal Government, nor the government of any State or political subdivision of a State.” Too bad biometric sensors don’t pick up hypocrisy.

So there you have it. The Congress is quite engaged in pushing biometrics, including facial recognition. The one bill I found to restrain their use doesn’t apply to the federal government or the states. I’ll be keeping an eye on all this, while the government uses lasers and infra-red scanners to watch all of us….

The Pentagon Propaganda Machine Rears Its Head

Rolling Stone reporter Michael Hastings—yes, that Michael Hastings—has written another investigative article on U.S. operations in Afghanistan, centered again on a general in the theatre.  The revelations are perhaps more shocking than those that resulted in General Stanley McChrystal’s dismissal last summer.

His newest bombshell alleges that the U.S Army illegally engaged in “psychological operations” with the aim of manipulating various high-level U.S. government officials into believing that the war was progressing in order to gain their continued support.  The list of targets includes members of Congress, diplomats, think tank analysts, and even Adm. Mike Mullen, Chairman of the Join Chiefs of Staff.  Over at The Skeptics, I attempt to put this in context:

While American soldiers and Afghan civilians continue to kill and be killed in Afghanistan, the Pentagon seeks to provide the illusion of progress, systematically misrepresenting realities on the ground to bide more time, gain more troops, and acquire more funding. It’s bad enough that the American media uncritically relays statements from U.S. officials portraying “success” on the ground. Now the Pentagon is using its massive propaganda budget to blur the line between informing the public and spinning it to death. In fact, several years ago the Associated Press found that the Pentagon had spent $4.7 billion on public relations in 2009 alone, and employs 27,000 people for recruitment, advertising and public relations, nearly as many as the 30,000-person State Department. Essentially the Pentagon is trying to influence public policy and lobby civilian officials to shift policies toward their own ends while dispersing the costs onto the American taxpayer.

Luckily, it appears that Americans have come to learn that despite the media’s frequent adulation of their uniformed military, the Pentagon operates just like every other bureaucracy in the federal government. According to a poll released earlier this month by Gallup, 72 percent of Americans want Congress to speed up troop withdrawals from Afghanistan. Much like the McChrystal flap from last summer, there is a very fine line between military officials offering their honest opinion and threatening civilian control of the war.

Click here for the full post.

Fort Hood and Political Correctness

This morning, Politico Arena asks:

The Fort Hood tragedy: Why does it matter, or not, what we call it? Is it being politicized?

My response:

If we want to be technical, what we call the Fort Hood massacre matters, and James Taranto got it right in Monday’s Wall Street Journal:  It was not a terrorist attack, targeting noncombatants, but an act of guerrilla warfare, carried out by one of our own in apparent contact with the enemy, and hence an act of treason.

But the deeper and far larger problem is why the Army didn’t act sooner against this man and, even more, why it is, as Dorothy Rabinowitz put it in yesterday’s Journal, that “the tide of pronouncements and ruminations pointing to every cause for this event other than the one obvious to everyone in the rational world continues apace.”  After all, it is not as if “the Hasan problem,” richly detailed elsewhere, were unknown to the Army.  So why was nothing done?  We all know why.  It was stated simply in an NPR report yesterday:  “A key official on a [Walter Reed] review committee reportedly asked how it might look to terminate a key resident who happened to be a Muslim.”  If this isn’t ”political correctness,” nothing is.

And it goes beyond the naive analyses that say we can do nothing about these kinds of problems.  It infects our very culture, from the newsroom to the college campus and far beyond, crippling sound analysis and judgment.  We learn just this morning, for example, again in the Journal, that the FBI may not have briefed the Army, or done so sufficiently (it’s unclear), about Hasan’s intercepted emails with Anwar al-Awlaki, the radical Yemeni imam.  There may have been intelligence reasons for compartmenting that information.  But in other cases it is an obsession with privacy that cripples investigation, itself a species of political correctness.  Yet the conflicting “rights” at issue in risk contexts are never more than right claims until they’re delineated by statute or adjudication.  Too often, however, that obsession blinds us, including in our legislation and adjudication, to the rights on the other side.  After all, the 3,000 who died on 9/11 and the soldiers who died at Fort Hood had rights too.

The Fort Hood massacre cries out for further investigation.  But it must be clear-eyed and free from the prejudice that today is rightly called “political correctness.”

Pat Tillman Saw the Iraq War as Folly

Pat_Tillman_NFLPat Tillman, who gave up a lucrative NFL career to join the Army after 9/11, was a true patriot:  he wanted to defend America, not conduct social engineering overseas.  That led him to oppose the Iraq war.

Reports the Daily Telegraph:

According to a new book, Tillman, who was killed by friendly fire in 2004 and hailed as an all-American hero by the former president, was disillusioned by Mr Bush and his administration’s “illegal and unjust” drive to war.

In Where Men Win Glory: The Odyssey of Pat Tillman, by Jon Krakauer, the author relates the strong views of Tillman - who gave up his NFL football career to serve his country - and his brother Kevin, who joined the same Rangers unit.

The war “struck them as an imperial folly that was doing long-term damage to US interests,” Krakauer claims.

“The brothers lamented how easy it had been for Bush, Cheney, and Rumsfeld to bully secretary of state Colin Powell, both the houses of Congress, and the majority of the American people into endorsing the invasion of Iraq.”

Tillman was a true citizen soldier.  Not only did he leave private life to serve in the military after his nation was attacked, but he believed it was his responsibility to look beyond the self-serving rhetoric of politicians to judge the wisdom of the wars which they initiated.  The rest of us should remember his skepticism when confronted with the willingness of politicians of both parties to continue sacrificing American lives in conflicts with little or no relevance to American security.

Bagram, Habeas, and the Rule of Law

Andrew C. McCarthy has an article up  at National Review criticizing a recent decision by Obama administration officials to improve the detention procedures in Bagram, Afghanistan.

McCarthy calls the decision an example of pandering to a “despotic” judiciary that is imposing its will on a war that should be run by the political branches. McCarthy’s essay is factually misleading, ignores the history of wartime detention in counterterrorism and counterinsurgency, and encourages the President to ignore national security decisions coming out of the federal courts.

More details after the jump.

McCarthy is Factually Misleading

McCarthy begins by criticizing a decision by District Judge John Bates to allow three detainees in Bagram, Afghanistan, to file habeas corpus petitions testing the legitimacy of their continued detention. McCarthy would have you believe that this is wrong because they are held in a combat zone and that they have already received an extraordinary amount of process by wartime detention standards. He is a bit off on both accounts.

First, this is not an instance where legal privileges are “extended to America’s enemies in Afghanistan.” The petition from Bagram originally had four plaintiffs, none of whom were captured in Afghanistan – they were taken into custody elsewhere and moved to Bagram, which is quite a different matter than a Taliban foot soldier taken into custody after an attack on an American base. As Judge Bates says in his decision, “It is one thing to detain t

hose captured on the surrounding battlefield at a place like Bagram, which [government attorneys] correctly maintain is in a theater of war. It is quite another thing to apprehend people in foreign countries – far from any Afghan battlefield – and then bring them to a theater of war, where the Constitution arguably may not reach.”

Judge Bates also took into account the political considerations of hearing a petition from Haji Wazir, an Afghan man detained in Dubai and then

moved to Bagram. Because of the diplomatic implications of ruling on an Afghan who is on Afghan soil, Bates dismissed Wazir’s petition. So much for judicial “despotism” and judicial interference on the battlefield, unless you define the world as your battlefield.

Second, the detainees have not been given very much process. Their detentions have been approved in “Unlawful Enemy Combatant Review Boards.” Detainees in these proceedings have no American representative, are not present at the hearings, and submit a written statement as to why they should be released without any knowledge of what factual basis the government is using to justify their detention. This is far less than the Combatant Status Review Tribunal procedures held insufficient in the Supreme Court’s Boumediene ruling.

Yes, Fix Detention in Afghanistan

McCarthy then chides the Obama administration for trying to get ahead of the courts by affording more process to detainees: “See, we can give the enemy more rights without a judge ordering us to do so!”

Well, yes. We should fix the detention procedures used in Afghanistan to provide the adequate “habeas substitute” required by Boumediene so that courts either: (1) don’t see a need to intervene; or (2) when they do review detention, they ratify the military’s decision more often than not.

Thing is, the only substitute for habeas is habeas. Habeas demands a hearing, with a judge, with counsel for both the detainee and the government, and a weighing of evidence and intelligence that a federal court will take seriously. If the military does this itself, then the success rate in both detaining the right people and sustaining detention decisions upon review are improved.

This is nothing new or unprecedented. Salim Hamdan, Usama Bin Laden’s driver, received such a hearing prior to his military commission. The CSRT procedures that the Bagram detainees are now going to face were insufficient to subject Hamdan to a military commission, so Navy Captain Keith Allred granted Hamdan’s motion for a hearing under Article V of the Geneva Conventions to determine his legal status.

Allred found that Hamdan’s service to Al Qaeda as Osama Bin Laden’s driver and occasional bodyguard, pledge of bayat (allegiance) to Bin Laden, training in a terrorist camp, and transport of weapons for Al Qaeda and affiliated forces supported finding him an enemy combatant. Hamdan was captured at a roadblock with two surface-to-air missiles in the back of his vehicle. The Taliban had no air force; the only planes in the sky were American. Hamdan was driving toward Kandahar, where Taliban and American forces were engaged in a major battle. The officer that took Hamdan into custody took pictures of the missiles in Hamdan’s vehicle before destroying them.

Hamdan’s past association with the Ansars (supporters), a regularized fighting unit under the Taliban, did not make him a lawful combatant. Though the Ansars wore uniforms and bore their arms openly, Hamdan was taken into custody in civilian clothes and had no distinctive uniform or insignia. Based on his “direct participation in hostilities” and lack of actions to make him a lawful combatant, Captain Allred found that Hamdan was an unlawful enemy combatant.

Hamdan’s Article V hearing should be the template for battlefield detention. Charles “Cully” Stimson at the Heritage Foundation, a judge in the Navy JAG reserves and former Bush administration detainee affairs official, wrote a proposal to do exactly that, Holding Terrorists Accountable: A Lawful Detention Framework for the Long War.

The more we legitimize and regularize these decisions, the better off we are. Military judges should be writing decisions on detention and publishing declassified versions in military law reporters. One of the great tragedies of litigating the detainees from the early days in Afghanistan is that a number were simply handed to us by the Northern Alliance with little to no proof and plenty of financial motive for false positives. My friends in the service tell me that we are still running quite a catch-and-release program in Afghanistan. I attribute this to arguing over dumb cases from the beginning of the war when we had little cultural awareness and a far less sophisticated intelligence apparatus. Detention has become a dirty word. By not establishing a durable legal regime for military detention, we created lawfare fodder for our enemies and made it politically costly to detain captured fighters.

The Long-Term Picture

McCarthy, along with too many on the Right, is fixated on maintaining executive detention without legal recourse as our go-to policy for incapacitating terrorists and insurgents. In the long run we need to downshift our conflicts from warmaking to law enforcement, and at some point detention transitions to trial and conviction.

McCarthy might blast me for using the “rule of law” approach that he associates with the Left and pre-9/11 counterterrorism efforts. Which is fine, since, just as federal judges “have no institutional competence in the conduct of war,” neither do former federal prosecutors.

Counterterrorism and counterinsurgency are not pursued solely by military or law enforcement means. We should use both. The military is a tool of necessity, but in the long run, the law is our most effective weapon.

History dictates an approach that uses military force as a means to re-impose order and the law to enforce it. The United States did this in Iraq, separating hard core foreign fighters from local flunkies and conducting counterinsurgency inside its own detention facilities. The guys who were shooting at Americans for a quick buck were given some job training and signed over to a relative who assumed legal responsibility for the detainee’s oath not to take up arms again. We moved detainees who could be connected to specific crimes into the Iraqi Central Criminal Court for prosecution. We did all of this under the Law and Order Task Force, establishing Iraqi criminal law as the law of the land.

We did the same in Vietnam, establishing joint boards with the Vietnamese to triage detainees into Prisoner of War, unlawful combatant, criminal defendant, and rehabilitation categories.

The Washington Post article on our detention reforms in Afghanistan indicates that we are following a pattern similar to past conflicts. How this is a novel and dangerous course of action escapes me.

Who’s the Despot Here?

McCarthy points to FDR as a model for our actions in this conflict between the Executive and Judiciary branches. He says that the President should ignore the judgments of the courts in the realm of national security and their “despotic” decrees. I do not think this word means what he thinks it means.

FDR was the despot in this chapter of American history, threatening to pack the Supreme Court unless they adopted an expansive view of federal economic regulatory power. The effects of an expansive reading of the Commerce Clause are felt today in an upending of the balance of power that the Founders envisioned between the states and the federal government.

McCarthy does not seem bothered by other historical events involving the President’s powers as Commander-in-Chief in the realm of national security. The Supreme Court has rightly held that the President’s war powers do not extend to breaking strikes at domestic factories when Congress declined to do so during the Korean War, trying American citizens by military commission in places where the federal courts are still open and functioning, and declaring the application of martial law to civilians unconstitutional while World War II was under way.

The Constitution establishes the Judiciary as a check on the majoritarian desires of the Legislature and the actions of the Executive, even during wartime. To think otherwise is willful blindness.

George Will Says It’s Time to Leave Afghanistan

Conservative columnist George Will wants out of the war in Afghanistan.  And his recommendation is getting some notice.  Reports Mike Allen in Politico:

George F. Will, the elite conservative commentator, is calling for U.S. ground troops to leave Afghanistan in his latest column.

“[F]orces should be substantially reduced to serve a comprehensively revised policy: America should do only what can be done from offshore, using intelligence, drones, cruise missiles, airstrikes and small, potent special forces units, concentrating on the porous 1,500-mile border with Pakistan, a nation that actually matters,” Will writes.

President Obama ordered a total of 21,000 more U.S. troops into Afghanistan in February and March, and casualties have mounted as the forces began confronting the Taliban more aggressively. August saw the highest monthly death toll for the U.S. since the invasion in 2001, the second record month in a row.

Will’s prescription – in which he recalls Bismarck’s decision to halt German forces short of Paris in 1870 - seems certain to split Republicans. He is a favorite of fiscal conservatives. The more hawkish right can be expected to attack his conclusion as foolhardy, short-sighted and naïve, potentially making the U.S. more vulnerable to terrorist attack.

The columnist’s startling recommendation surfaced on the same day that Army Gen. Stanley McChrystal, the commander of U.S. and NATO forces in Afghanistan, sent an assessment up his chain of command recommending what he called “a revised implementation strategy.” In a statement, McChrystal also called for “commitment and resolve, and increased unity of effort.”

With a liberal Democrat having become president and made Afghanistan his war, and George Will leading the charge, might conservative Republicans rediscover their inner anti-war feelings?