Tag: violence

Matthew Hoh: A Great American Patriot

HohFormer Marine captain Matthew Hoh became the first U.S. official known to resign in protest over the Afghan war. His letter of resignation echoes some arguments I have made earlier this year, namely, that what we are witnessing is a local and regional ethnic Pashtun population fighting against what they perceive to be a foreign occupation of their region; that our current strategy does not answer why and to what end we are pursuing  this war; and that Afghanistan holds little intrinsic strategic value to the security of the United States.

In his own words:

The Pashtun insurgency, which is composed of multiple, seemingly infinite, local groups, is fed by what is perceived by the Pashtun people as a continued and sustained assault, going back centuries, on Pashtun land, culture, traditions and religion by internal and external enemies. The U.S. and NATO presence and operations in Pashtun valleys and villages, as well as Afghan army and police units that are led and composed of non-Pashtun soldiers and police, provide an occupation force against which the insurgency is justified….I have observed that the bulk of the insurgency fights not for the white banner of the Taliban, but rather against the presence of foreign soldiers and taxes imposed by an unrepresentative government in Kabul. The United States military presence in Afghanistan greatly contributes to the legitimacy and strategy message of the Pashtun insurgency.

Click here to read the entire letter.

So, what’s the situations like now? Afghanistan’s second-round presidential elections scheduled for early November will do little to change realities on the ground. Counterinsurgency–the U.S. military’s present strategy–requires a legitimate host nation government, which we will not see for the foreseeable future regardless of who’s president.

What’s the political strategy? President Obama has painted himself into a rhetorical corner. He’s called Afghanistan the “necessary war,” even though stabilizing Afghanistan is not a precondition for keeping America safe. We must remember that al Qaeda is a global network, so in the unlikely event that America did bring security to Afghanistan, al Qaeda could reposition its presence into other regions of the world.

Should we stay or should we go? The United States must begin to narrow its objectives. If we begin to broaden the number of enemies to include indigenous insurgent groups, we could see U.S. troops fighting in perpetuity. The president has surged once into the region this year. He does not need to do so again.

This is the deadliest month so far, thoughts? Eight years after the fall of the Taliban regime, Afghanistan still struggles to survive under the most brutal circumstances: corrupt and ineffective state institutions; thousands of miles of unguarded borders; pervasive illiteracy among a largely rural and decentralized population; a weak president; and a dysfunctional international alliance. As if that weren’t enough, some of Afghanistan’s neighbors have incentives to foment instability there. An infusion of 40,000 more troops, as advocated by General Stanley McChrystal, may lead to a reduction in violence in the medium-term. But the elephant in the Pentagon is that the intractable cross-border insurgency will likely outlive the presence of international troops. Honestly, Afghanistan is not a winnable war by any stretch of the imagination.

Emanuel on TV and Filkins on McChrystal

A. It’s encouraging to see Rahm Emanuel and John Kerry saying that we shouldn’t up force levels in Afghanistan without a reliable partner. But if we shouldn’t send 40,000 more troops to prop up a crooked government, why keep the 68,000 we have there? A focused counter-terrorism mission would require far less than that.

B. According to Dexter Filkins’ article in the New York Times Magazine, the war in Iraq taught General Stanley McChrystal the following:

No situation, no matter how dire, is ever irredeemable — if you have the time, resources and the correct strategy. In the spring of 2006, Iraq seemed lost. The dead were piling up. The society was disintegrating. One possible conclusion was that it was time for the United States to cut its losses in a country that it never truly understood. But the American military believed it had found a strategy that worked, and it hung in there, and it finally turned the tide.

What’s interesting about this claim is its utter confidence in the potential efficacy of US military power – it is not just necessary to solving Iraq’s problems, but sufficient. If this view is right, Iraqis themselves, and their civil war, were unnecessary to the limited political reconciliation that occurred there.

Filkins, surprisingly, seems to agree, depicting the evolution of the war this way:

For four years, the American military had tried to crush the Iraqi insurgency and got the opposite: the insurgency bloomed, and the country imploded. By refocusing their efforts on protecting Iraqi civilians, American troops were able to cut off the insurgents from their base of support. Then the Americans struck peace deals with tens of thousands of former fighters — the phenomenon known as the Sunni Awakening — while at the same time fashioning a formidable Iraqi army. After a bloody first push, violence in Iraq dropped to its lowest levels since the war began.

Note the use of the word “then” preceding the sentence about peace deals. It carries a heavy load. Filkins wants to say that the hearts and mind theory of counterinsurgency caused the Anbar Awakening. But he offers no real causal story about how they are connected; he just says that one happened and then the other.

Another view, one that leaves Iraqis some agency, is that the growth of the al Qaeda Iraq and the progress of the civil war changed the Sunni insurgents’ strategic calculus, such that they decided to cooperate with Americans to gain locally. And that in turn, limited violence. U.S. forces had a role in this – the covert killing campaign that McChrystal led and Filkins chronicles probably pressured insurgents and weakened AQI, for one. But the deals – the awakening – began well before the troop surge and before David Petraeus took command and tried to implement a new counterinsurgency doctrine. The key American decision was willingness to play ball with insurgent groups. This decision had little to do with winning hearts and minds via population security and increased troop levels. And by empowering forces at odds with the central government, it contradicted the goal of state-building in Iraq, at least in the short-term.

I obviously agree with the latter view. Our dependence on local politics limits what we can accomplish in counterinsurgency. We can certainly affect what happens in Afghanistan, but it is hubris to think we control it.

Filkins also quotes McChrystal on Afghanistan’s effect on Pakistan:

“If we are good here, it will have a good effect on Pakistan,” he told me. “But if we fail here, Pakistan will not be able to solve their problems — it would be like burning leaves on a windy day next door.

It’s sensible to conclude chaos nearby is unhelpful to stability in Pakistan, but it goes way too far to say that Afghanistan’s stability is necessary to Pakistan’s, which has been fairly stable for long periods while Afghanistan was not. What’s more, as Robert Pape argues, it is likely that U.S. forces are a cause of insurgency in both countries.

Zero Tolerance for Difference

Zachary ChristieWhen both the New York Times and Fox News poke fun at a school district it’s a good guess that district has done something pretty silly. That seems to be the case in Newark, Delaware, where the Christina School District just suspended a 6-year-old boy for 45 days because he brought a dreaded knife-fork-spoon combo tool to school. District officials, in their defense, say they had no choice – the state’s “zero tolerance” law demanded the punishment.

Now, the first thing I’ll say is that I was very fortunate there were no zero-tolerance laws  – at least that I knew of – when I was a kid. Like most boys, I took a pocket knife to school from time to time, and like most boys I never hurt a soul with it. (I’m pretty sure, though, that I was stabbed by a pencil at least once.) I also played a lot of games involving tackling, delivered and received countless “dead arm” punches in the shoulder, and brought in Star Wars figures armed with…brace yourself!…laser guns! I can only imagine how many suspension days I’d have received had current disciplinary regimes been in place back then.

Before completely trashing little ol’ Delaware and all the other places without tolerance, however, there is a flip side to this story: Some kids really are immediate threats to their teachers and fellow students. And as the recent stomach-wrenching violence in Chicago has vividly illustrated, there are some schools where no one is safe. In other words, there are cases and situations where zero tolerance is warranted.

So how do you balance these things? How do you have zero-tolerance for those who need it, while letting discretion and reason reign for everyone else?  And how do you do that when there is no clear line dividing what is too dangerous to tolerate and what is not?

The answer is educational freedom, as it is with all of the things that diverse people are forced to fight over because they all have to support a single system of government schools! Let parents who are not especially concerned about danger, or who value freedom even if it engenders a little more risk, choose schools with discipline policies that give them what they want.  Likewise, let parents who want their kids in a zero-tolerance institution do the same.

Ultimately, let parents and schools make their own decisions, and no child will be subjected to disciplinary codes with which his parents disagree; strictness will be much better correlated with the needs of individual children; and perhaps most importantly, discipline policies will make a lot more sense for everyone involved.

Another Day, Another Tranche of Afghanistan Reading Material

Item: The Coalition for a Realistic Foreign Policy, a group of concerned scholars and authors who work on international security and U.S. foreign policy, have issued an open letter to President Obama warning him not to expand U.S. involvement in that country.  (Full disclosure: I was a signatory.)  The list of signatories includes many of the scholars who urged President Bush not to invade Iraq.  Politico was the first to run the story: see here.

Item: Via Michael Cohen, former CIA counterterrorism honcho Paul Pillar takes to the pages of the Washington Post to think through the concept of “safe havens” in Afghanistan.  His conclusion?

Among the many parallels being offered between Afghanistan and the Vietnam War, one of the most disturbing concerns inadequate examination of core assumptions. The Johnson administration was just as meticulous as the Obama administration is being in examining counterinsurgent strategies and the forces required to execute them. But most American discourse about Vietnam in the early and mid-1960s took for granted the key – and flawed – assumptions underlying the whole effort: that a loss of Vietnam would mean that other Asian countries would fall like dominoes to communism, and that a retreat from the commitment to Vietnam would gravely harm U.S. credibility.

The Obama administration and other participants in the debate about expanding the counterinsurgency effort in Afghanistan can still avoid comparable error. But this would require not merely invoking Sept. 11 and taking for granted that a haven in Afghanistan would mean the difference between repeating and not repeating that horror. It would instead mean presenting a convincing case about how such a haven would significantly increase the terrorist danger to the United States. That case has not yet been made.

Item: Michael Crowley offers a piece in the New Republic that strongly implies but doesn’t quite come out and say that President Obama should ignore the skeptics and the political risks and wade deeper into Afghanistan.  The piece swallows whole the conventional wisdom narrative on Iraq–that the Surge amounted not to a combination of defining down “victory” and appeasement of Sunni tribes but rather a borderline miracle whereby Gen. Petraeus loosed his wonder-working COIN doctrine on the maelstrom of violence in that country and produced a strategic victory.  Crowley then uses this narrative to frame the decision before President Obama.  Still, he writes

[I]f the definition of success isn’t clear to the Obama team, the definition of defeat may be. Bush argued unabashedly that Iraq had become “the central front in the war on terror” and that withdrawing before the country had stabilized would hand Al Qaeda not only a strategic but a moral victory. Current administration officials don’t publicly articulate the same rationale when discussing Afghanistan. But former CIA official Bruce Riedel, a regional expert who led the White House’s Afghanistan-Pakistan review earlier this year, cited it at the Brookings panel held in August. “The triumph of jihadism or the jihadism of Al Qaeda and the Taliban in driving NATO out of Afghanistan would resonate throughout the Islamic World. This would be a victory on par with the destruction of the Soviet Union in the 1990s,” Riedel said. “[T]he stakes are enormous.”

Obama may have one last thing in common with Bush: personal pride. Bush was determined to prevail in Iraq because he had invaded it. And, while Obama, of course, had nothing to do with the invasion of Afghanistan, he has long supported the campaign there–including during the presidential campaign as a foil for his opposition to the Iraq war. Speaking before a group of veterans last month, Obama called Afghanistan a “war of necessity”–a phrase which politically invests him deeper in the fight. “The president has boxed himself in,” says one person who has advised the administration on military strategy. “The worst possible place to be is that our justification for being in a war is that we’re in a war.”

Lots to chew on.

The Coast Guard Kerfuffle: Normalcy Breeds Overreaction

Terrorists are weak actors who use violence to induce overreaction on the part of their stronger victims. That lesson was on display today when someone overhearing radio traffic from a routine Potomac River Coast Guard exercise misinterpreted it and alerted the media. Among the results was a 20-minute grounding of planes at Reagan Airport.

The good news is that the country is relatively safe. Americans and the national security establishment are tuned to the threat of terrorism. No attack to rival 9/11 ever occurred, and it’s unlikely that one ever will.

But the 9/11 attacks had a dastardly effect. To match the results of those attacks, we imagined that terrorists had outsized technical skills, support networks, and insights. Vigilance and continued antiterror efforts will ensure that they never do.

The bad news is that the government has never issued any reassuring signals. American society remains on edge and predisposed to overreact when something happens and — in this case — when nothing happened. The “scare” produced by the Coast Guard exercise illustrates how sensitive the country remains to terror fears.

Despite improved rhetoric and the promise of sensible, strategic counterterrorism, the Obama administration has yet to give the country confidence in its security. It has not articulated its counterterrorism plan and it has not created or implemented a terrorism communications plan. Unlike health care and education, these are responsibilities of the federal chief executive.

Without a strategy and communications plan in place, the administration will be at a loss to keep the nation on an even keel if and when any real terror incident occurs. The Obama administration must plan, and must be seen as having planned, if it is to prevent any future terrorism event from needlessly harming the country with panicky overreaction.

Based on what I’ve read, I see no fault in what the Coast Guard did, and I hope their review of the incident produces no changes in their procedures other than perhaps better preparation to quell overreaction.

More Anti-Drug Aid to Mexico?

The Washington Post reports that despite reports of widespread violence and human rights abuses since Mexico increased its fight against the drug trade, the U.S. government is considering pumping more money to their failing efforts:

The Obama administration has concluded that Mexico is working hard to protect human rights while its army and police battle the drug cartels, paving the way for the release of millions of dollars in additional federal aid.

The Merida Initiative, a three-year, $1.4 billion assistance program passed by Congress to help Mexico fight drug trafficking, requires the State Department to state that the country is taking steps to protect human rights and to punish police officers and soldiers who violate civil guarantees. Congress may withhold 15 percent of the annual funds – about $100 million so far – until the Obama administration offers its seal of approval for Mexico’s reform efforts.

…In recent weeks, after detailed allegations in the media of human rights abuses, the Mexican military said that it has received 1,508 complaints of human rights abuses in 2008 and 2009. It did not say how the cases were resolved, but said that the most serious cases involved forced disappearances, murder, rape, robbery, illegal searches and arbitrary arrests. Human rights groups contend that only a few cases have been successfully prosecuted.

Sending additional anti-drug aid to Mexico is a case of pouring more money into a hopelessly flawed strategy. President Felipe Calderon’s decision to make the military the lead agency in the drug war–a decision the United States backed enthusiastically–has backfired. Not only has that strategy led to a dramatic increase in violence, but contrary to the State Department report, the Mexican military has committed serious human rights abuses. Even worse, the military is now playing a much larger role in the country’s affairs. Until now, Mexico was one of the few nations in Latin America that did not have to worry about the military posing a threat to civilian rule. That can no longer be an automatic assumption.

Washington needs to stop pressuring its neighbor to do the impossible. As long as the United States and other countries foolishly continue the prohibition model with regard to marijuana, cocaine, and other currently illegal drugs, a vast black market premium will exist, and the Mexican drug cartels will grow in power. At a minimum, the United States should encourage Calderon to abandon his disastrous confrontational strategy toward the cartels. Better yet, the United States should take the lead in de-funding the cartels by legalizing drugs and eliminating the multi-billion-dollar black market premium.

Hate Crimes Bill Becomes an Amendment

Unsure about prospects on passing the Local Law Enforcement Hate Crimes Prevention Act as a stand-alone bill, proponents intend to attach it as an amendment to the Department of Defense Authorization bill. As I have said previously, this bill is an affront to federalism and counterproductive hater-aid.

Federal Criminal Law Power Grab

This legislation awards grants to jurisdictions for the purpose of combating hate crimes. It also creates a substantive federal crime of violent acts motivated by the “actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person.”

This is a federalization of a huge number of intrastate crimes. It is hard to imagine a rape case where the sex of the victim is not an issue. The same goes for robbery - why grab a wallet from someone who can fight back on equal terms when you can pick a victim who is smaller and weaker than you are?

This would be different if this were a tweak to sentencing factors.

If this were a sentence enhancement on crimes motivated by racial animus - a practice sanctioned by the Supreme Court in Wisconsin v. Mitchell - then it would be less objectionable if there were independent federal jurisdiction.

Thing is, the federal government has already done this, with the exception of gender identity, with the Federal Sentencing Guidelines (scroll to page 334 at the link):

If the finder of fact at trial or, in the case of a plea of guilty or nolo contendere, the court at sentencing determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense of conviction because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person, increase by 3 levels.

The contrast between a sentence enhancement and a substantive crime gives us an honest assessment of what Congress is doing - federalizing intrastate acts of violence.

If Congress were to pass a law prohibiting the use of a firearm or any object that has passed in interstate commerce to commit a violent crime, it would clearly be an unconstitutional abuse of the Commerce Clause.

Minus the hate crime window dressing, that is exactly what this law purports to do.

What this really amounts to is a power grab - giving the federal government power to try or re-try violent crimes that are purely intrastate. Just as the Supreme Court invalidated the Gun Free School Zones Act in United States v. Lopez because it asserted a general federal police power, this law should be resisted as a wholesale usurpation of the states’ police powers.

The act also essentially overrules United States v. Morrison, where the Court overruled a federal civil remedy for intrastate gender-motivated violence. Forget a civil remedy; while we’re re-writing the constitution through the Commerce Clause let’s get a criminal penalty on the books.

Trials as Inquisitions

The hate crime bill will also turn trials into inquisitions. The focus of prosecution could be on whether you ever had a disagreement with someone of another “actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.” Worse yet, it can turn to whether you have any close friends in one of these categories, as demonstrated in the Ohio case State v. Wyant. The defendant denied that he was a racist, which led to the following exchange in cross-examination on the nature of the defendant’s relationship with his black neighbor:

Q. And you lived next door … for nine years and you don’t even know her first name?

A. No.

Q. Never had dinner with her?

A. No.

Q. Never gone out and had a beer with her?

A. No… .

Q. You don’t associate with her, do you?

A. I talk with her when I can, whenever I see her out.

Q. All these black people that you have described that are your friends, I want you to give me one person, just one who was really a good friend of yours.

David Neiwert says that this won’t happen because of a constitutional backstop in the legislation. Unfortunately, the House version of the bill explicitly endorses impeaching a defendant in exactly this manner:

In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.

Worse yet, the Senate version of the hate crime bill, the one which will likely become law after conference committee, does not contain this provision. Instead, it explicitly says:

Courts may consider relevant evidence of speech, beliefs, or expressive conduct to the extent that such evidence is offered to prove an element of a charged offense or is otherwise admissible under the Federal Rules of Evidence. Nothing in this Act is intended to affect the existing rules of evidence.

Anyone want to bet that an aggressive prosecutor could find that not having a close enough relationship with your neighbor counts as “expressive conduct” for the purposes of prosecution?

Future Push for More Federal Authority Over Intrastate Crimes

The hate crime bill also pushes a snowball down the mountain toward wholesale federalization of intrastate crime. In a few years this snowball will be an avalanche. By making any gender-motivated crime a hate crime, which will necessarily include nearly all rapes, we will define ordinary street crimes as hate crimes.

With a consistent average of 90,000 rapes a year, this expansion of hate crime definition will come back in a few years where those ignorant of the change in terms will wonder why hate crime is now rampant. “Rampant” only because we have made the relevant definition over-inclusive to the point of being meaningless.

And in a few years, we can revisit this issue with a fierce moral urgency to pass more feel-good legislation that upends state police powers in an effort to do something - anything - to confront this perceived crisis. A perception that Congress is creating in this legislation.