Tag: military

Will Obama Comply with the War Powers Resolution?

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

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

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

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

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

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

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

Obama’s Power Problem, and Ours

I have an op-ed in Politico today that explores what I call President Obama’s power problem, a common theme in my work (my book is now in a Kindle edition!).

Simply stated, when a country has more military power than it needs to defend itself and its core interests, it will expand its definition of “the national interest.” This will, in turn, lead it to intervene militarily in places and disputes that have no connection to the country’s security. That certainly has been the pattern for the United States for at least the last two decades. The problem is nicely encapsulated in the famous exchange between Madeleine Albright and Colin Powell, which Powell recounted in his memoir.

Madeleine Albright, our ambassador to the UN, asked me in frustration “What’s the point of having this superb military that you’re always talking about if we can’t use it?” I thought I would have an aneurysm. American GIs were not toy soldiers to be moved around on some sort of global game board.

This brings us to Libya, and to a new group of people who likely said something similar to Mike Mullen and Bob Gates. Secretary of State Hillary Clinton’s disagreements with Gates were on public display last Sunday, but reports of a whisper campaign within the administration, in which Clinton and her advisers were frustrated by President Obama’s unwillingness to deploy the U.S. military on yet another mission, have been flying around for weeks.

In the end, the Valkyries got their war. Clinton’s advice, along with that of Samantha Power and Susan Rice, who have all loudly called for U.S. military intervention in the past, convinced President Obama to override Gates and Mullen’s objections, and to launch what Colorado Congressman Mike Coffman aptly characterized yesterday as “just the most muddled definition of an operation probably in U.S. military history.” Anne-Marie Slaughter, who recently returned to Princeton after a stint at State’s policy planning staff, was sniping from the sidelines.  Pressure from our European allies, especially France’s Nicolas Sarkozy and David Cameron in the UK, also appears to have been decisive.

This is not so unique a set of circumstance, however, as I discussed with Cato Audio’s Caleb Brown a few days ago. Near the end of the interview, I focused on the particular challenges that confront the leader of a country whose military capabilities seem almost limitless:

I agree that it is difficult, it is very difficult, for the President of the United States to resist the impulse to intervene when he has people, many people, calling on him to do something. But it’s precisely because we have so much power, and because the temptation to use it is almost overwhelming, that a president has to have extraordinary discipline and say: “No. I was elected by the people of the United States to protect them, to keep this country safe and security, and if a mission does not advance those ends I will not do it.”

That is not the counsel of despair, and the counsel of inaction. On the contrary, there are many other countries, especially those in Libya’s immediate neighborhood, that have both a compelling  national security rationale and a moral rationale [to intervene]. And it’s precisely the combination of those factors that we, the United States, should have encouraged in the past, and we could have encouraged in this particular case. Instead, other countries waited for the United States to act,…

Caleb Brown, Cato Audio: And just the possibility the U.S. will act probably puts a lot of countries on the sideline…

Me: That’s correct…. Because of the expectation that the United States will act, it causes other people to wait it out. And sometimes, tragically, they wait it out too long. Because, again, the United States does not always intervene. There are a number of cases where we have not. And I fear that we have set up a system where, if the United States doesn’t act, nothing gets done, and I don’t think that’s the right approach. I think there are alternatives that will use other countries’ legitimate security interests to advance humanitarian ends.

You can listen to the whole clip here.

House Bill Repeals DADT the Right Way

The House passed a repeal of Don’t Ask, Don’t Tell (DADT) yesterday, and it appears that the Senate will take up the measure sometime next week. Good.

DADT should end. I’ve said so, and debated the issue with repeal opponent Stuart Koehl (posts 1, 2, 3, and 4). Most servicemembers I know (appropriate disclaimer here) already have a mindset of Don’t Ask, Don’t Care, and its time for official policy to catch up.

We should note that a legislative effort is the right way to change the current policy. DADT is based on a law – 10 U.S.C. § 654 – enacted with the FY1994 National Defense Authorization Act.

Some have argued (and here, and here) that President Obama could stop enforcing DADT by executive order. The President does have control over enlisted separations under 10 U.S.C. § 12305 and officer separations under 10 U.S.C. § 123. But, as Gene Healy noted in a recent column, “it would be kinda cool if our representatives got to vote on [policies] before they became the law of the land.” More than kinda cool, it would comply with the Constitution, which gives Congress the authority “To make Rules for the Government and Regulation of the land and naval Forces.”

The repeal legislation also deals with the legal and policy questions that are implicated with DADT repeal. This is important in a couple of ways. First, the policy change is phased in over time, giving the services time to adjust policies.

Second, as I said at this event, the sexual offenses in the Uniform Code of Military Justice (UCMJ) are a mess that Congress needs to untangle along with repeal. Article 125 of the UCMJ criminalizes all sodomy – heterosexual, homosexual, consensual, or otherwise. As this article points out, the Court of Appeals for the Armed Forces’ decision in United States v. Marcum wounded Article 125 in the wake of Lawrence v. Texas, but did not kill it. The definition of “sexual intercourse” in the UCMJ only includes sex between a man and a woman, so the offenses of adultery, prostitution, and patronizing a prostitute under Article 134 of the UCMJ don’t apply when committed in a homosexual manner. The UCMJ should adopt a uniform standard - criminalize sexual behavior that is prejudicial to the good order and discipline of the armed forces, period. The DOD Report takes this into account (see pp. 138-39) and Congress and the military will have a chance to sort things out as repeal is under way.

In short, repeal is the right thing to do, and passing this law is the right way to do it.

Deficit Reduction Commission Says Military Spending Can and Must be Cut

President Obama’s Fiscal Commission’s report is out and they have wisely kept military spending on the table. Having not seen the accompanying list of specific cuts, it seems that rather than micromanage DoD’s decisions with respect to which weapons systems to cut or keep, the commissioners have laid down a different marker: find the cuts that make sense, but understand that the business-as-usual of the past decade is over.

The report fixes on a number of spending cuts and reforms that Benjamin Friedman and I call for in the Cato Policy Analysis “Budgetary Savings from Military Restraint” including cuts to the civilian workforce (see recommendation 1.10.4). They also hold fast to the proposition that all spending must be on the table, and reject out of hand the notion that military spending must be held sacrosanct. This is bad news for the “defending defense” crowd.

I am not going to comment on the Commission’s other proposals with respect to taxes, social security, health care, etc.  As for specific military spending cuts, this report is less detailed than the preliminary report issued a few weeks ago by Co-chairs Bowles and Simpson. It is appropriate, however, to task the Department of Defense with identifying additional savings (as they do in recommendation 1.11). Responsible cuts can be made if the Pentagon and the White House adopt a strategy of restraint, one that husbands American resources, focuses on a few core missions vital to U.S. national security, and requires other countries to take primary responsibility for their defense.

Wikileaks Sheds Light on Government Ineptitude

For years I have told anybody who would listen how U.S. efforts to stabilize Afghanistan contribute to Pakistan’s slow-motion collapse. Well it appears that my take on the situation was not so over-the-top. Amid some 250,000 confidential diplomatic cables released by online whistleblower Wikileaks, former U.S. ambassador to Pakistan Anne W. Patterson warned in cable traffic that U.S. policy in South Asia “risks destabilizing the Pakistani state, alienating both the civilian government and the military leadership, and provoking a broader governance crisis without finally achieving the goal.”

On one level, this cable underscores what a disaster American foreign policy has become. But on another level, the leak of this and other cables strikes me as completely odd and slightly scary. How did Pfc. Bradley Manning, who stands accused of stealing the classified files from Siprnet and handing them to Wikileaks founder Julian Assange, obtain access to these files in the first place? How does a young, low-level Army intelligence analyst gain access to a computer with hundreds of thousands of classified documents from all over the world?

After 9/11, the government made an effort to link up separate archives of government information. In theory, anyone in the State Department or the U.S. military can access these archives if he has: (1) a computer connected to Siprnet, and (2) a “secret” security clearance. As Manning told a fellow hacker: “I would come in with music on a CD-RW labeled with something like ‘Lady Gaga’ … erase the music … then write a compressed split file. No one suspected a thing… [I] listened and lip-synched to Lady Gaga’s ‘Telephone’ while exfiltrating possibly the largest data spillage in American history.” Manning said he “had unprecedented access to classified networks 14 hours a day 7 days a week for 8+ months.”

I’m all for less government secrecy, particularly when U.S. officials are doing bizarre things like tabulating the biometric data of various UN officials, the heads of other international institutions, and African heads of state. That these supposedly “confidential” communications were so easily leaked highlights the appalling ineptitude of our unwieldy national security bureaucracy. Indeed, the phenomenon of Wikileaks says as much about government policy as it does about government incompetence.

What War Does to Our Society

The Department of State recently released newly declassified documents covering U.S. policy toward Vietnam, Laos, and Cambodia from January 1973-July 1975. At a State Department conference commemorating the release of these documents, diplomat, strategist, and Nobel laureate Henry Kissinger bemoaned the torment that consumed a generation of Americans as the conflict wore on. The insight Kissinger provides–possibly unintentional–underscores why assessments of war should go beyond critiques of its political and geostrategic ramifications; they should also extend to the various ways that war affects our society and public more generally.

In Kissinger’s somber assessment of America’s involvement in Southeast Asia, he said he regrets that what should have been straightforward disagreements over the U.S. approach to Vietnam became “transmuted into a moral issue – first about the moral adequacy of American foreign policy altogether and then into the moral adequacy of America.”

He goes on to say, “To me, the tragedy of the Vietnam war was not that there were disagreements—that was inevitable, given the complexity of the (conflict)—but that the faith of Americans in each other became destroyed in the process.”

Kissinger called himself “absolutely unreconstructed” on that point.

“I believe that most of what went wrong in Vietnam we did to ourselves,” he said, adding, “I would have preferred another outcome—at least another outcome that was not so intimately related to the way that we tore ourselves apart.”

Disappointingly, much of what Mr. Kissinger said is true.

Certainly, much of the burdens associated with our foreign policies do not affect the average person; they are absorbed by America’s all-volunteer military. Still, wars and debates over wars have the power not only to tear our society apart, but also to destroy our faith in each other in the process. These factors are latent, ignored, and often misunderstood, but are detrimental to our country nonetheless.

In this respect, criticism of war should not end at an aversion to deficit spending. Certainly, increased public debt and diminished civil liberties are enduring, adverse effects of war. As writer Randolph Bourne famously declared during World War I, “War is the health of the state.”

But in addition to expanded government power, wars also become a template for regimentation in other areas of life. As we witnessed in the lead up to the war in Iraq, war can erode what should be the public’s normal propensity to question authority and lead to a herd mentality that demands blind obedience to state authority.

Over time, and through decades of continual foreign intervention, wars can radically alter our national character and transmogrify the spirit and moral temperament of our society. Sadly, such a perilous path could doom our nation to a fate that befell history’s other predominant great powers.

Check out the most recent volume of State Department reports on Vietnam. You won’t be disappointed.

Concerning the End of “Combat Operations” in Iraq

Several of today’s front pages feature iconic images of U.S. troops marching onto troop transports and into the sunset in Iraq. Today’s story by Ernesto Londoño in the Washington Post, features Lt. Col. Mark Bieger of the 4th Stryker Brigade, 2nd Infantry Division,  “This is a historic mission!” Beiger bellows as his troops prepared to depart Baghdad for the last time, ”A truly historic end to seven years of war.”

No disrespect to Col. Bieger and his troops, but the war isn’t over, and it won’t be so long as there are significant number of U.S. troops in Iraq at risk of being caught in the cross-fire of a sectarian civil war.

The Iraqi government, more than five months after nationwide elections, remains in limbo. Talks over a power sharing arrangement have broken down. Meanwhile, violence is on the rise. Call it whatever you like, but the 50,000 troops who remain in Iraq are still dealing with a lot of challenges.

Much of the confusion in the media reporting revolves around semantics, words and phrases such as “combat” and “combat units.” It doesn’t help that George W. Bush declared on May 1, 2003 that ”major combat operations in Iraq have ended” under that infamous “Mission Accomplished” banner. But beyond Bush’s irrational exuberance, such terms are increasingly misleading in an era in which conventional, state vs. state organized violence – what we used to think of as war – has been replaced by murky, disorganized violence, perpetrated by disparate militias, or merely disgruntled individuals unhappy with their lot in life, and determined to take it out on anyone who happens to be around at the time.

Unfortunately, I have very little confidence that that state of affairs will change any time soon. And I seriously doubt that our people – our men and women in uniform, and, explains Michael Gordon in the New York Times, soon many more U.S. civilians and contractors – will be able to put everything right, and not for lack of trying. Meanwhile, I am deeply troubled by the rising chorus of voices calling on the Obama administration to ignore the remaining provisions of the status of forces agreement (SOFA) and prepare for an indefinite military presence in Iraq. (On this, see Ted Galen Carpenter’s latest entry at TNI’s The Skeptics blog.)

So, no, the war isn’t over. For better or worse (and chiefly the latter),  Americans will remain associated with an unpopular and government in Baghdad as it struggles to hold together the country’s disparate factions. They will be at great risk if the current political paralysis collapses into still wider violence.

Needless to say, I hope that doesn’t happen. But I won’t be striking up the band and declaring the war American in Iraq to be truly over, until all of our troops are back home.