Topic: Foreign Policy and National Security

A Core 9/11 Commission Afterthought

The Department of Homeland Security often invokes the 9/11 Commission when it discusses REAL ID. A recent DHS press release called REAL ID a “core 9/11 Commission finding.”

In fact, the 9/11 Commission dedicated about three-quarters of a page to identification security – out of 400+ pages of substance. See for yourself. Page 390.

DoJ’s Public Lobbying - A Legal Violation?

Here’s the language of 18 U.S.C. § 1913 (“Lobbying with appropriated moneys”):

No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Member or official, at his request, or to Congress or such official, through the proper official channels, requests for any legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352 (a) of title 31.

Now here is some language from a Department of Justice Web site called lifeandliberty.gov:

FISA 101: Why FISA Modernization Amendments Must Be Made Permanent
FISA Amendments In The Protect America Act Of 2007 Remain Necessary To Keep Our Nation Safe

The Protect America Act modernized the Foreign Intelligence Surveillance Act (FISA) to provide our intelligence community essential tools to acquire important information about terrorists who want to harm America. The Act, which passed with bipartisan support in the House and Senate and was signed into law by President Bush on August 5, 2007, restores FISA to its original focus of protecting the rights of persons in the United States, while not acting as an obstacle to gathering foreign intelligence on targets located in foreign countries. By enabling our intelligence community to close a critical intelligence gap that existed before the Act became law, the Protect America Act has already made our Nation safer.

The tools provided by the Protect America Act are scheduled to expire in early February 2008 – it is essential that Congress act to make the legislation permanent. Congress must also pass legislation to provide meaningful liability protection to those alleged to have assisted our Nation following the 9/11 attacks.

A public DoJ Web site that says “it is essential that Congress act to make the legislation permanent” seems designed to influence Members of Congress. It was probably created and is maintained through the expenditure of appropriated funds. Did Congress expressly authorize this? Is a public Web site “proper official channels”? Did the Attorney General find that failing to advocate for this law would interfere with national security?

It looks like this Web site violates the law, but it’s hard bein’ a country lawyer here in the big city.

The Case for Realism

There’s been a fair amount of wailing and gnashing of teeth within the liberal blogosphere over the New York Times’ decision to hire William Kristol as a weekly columnist. The liberals’ dismay was, in turn, gleefully noted by conservative bloggers, generating still more grist for countless mills.

For my part, I thought this Tom Tomorrow cartoon captured quite nicely the crux of Mr. Kristol’s unsuitability for the job.

But just when I thought that the subject had pretty much been beaten to death, Harvard’s Stephen M. Walt offered up an incisive critique of the Times’ decision. In particular, Walt’s suggestion that the Times (or any major American newspaper for that matter) should provide space for foreign policy realists deserves serious consideration.

As Walt notes, realism has a long and proud tradition in American foreign policy, is the dominant point of view within the academy today, especially among international relations scholars, and yet it is seriously under-represented in the pages of major newspapers.

The best case to be made, however, is that, as Walt writes “realism’s track record as a guide to foreign policy is quite impressive, especially when compared to the neocons’ catalog of blunders.” He continues:

[Hans J.] Morgenthau, [Kenneth] Waltz and [George] Kennan were among the first to recognize that the Vietnam War was a foolish diversion of American power, and Waltz was one of the few foreign policy experts who understood the Soviet Union was a Potemkin colossus with feet of clay. When assorted hawks were sounding frantic alarms about Soviet dominance in the late 1970s, Waltz was writing that the real issue was whether the Soviets could hope to keep up with the far wealthier and more powerful United States. The 1980s proved they couldn’t, and that Waltz and his fellow realists had been essentially correct.

[…]

Most important, realists were among the most visible opponents to America’s more recent misadventure in Iraq. In September 2002, for example, 33 international security scholars paid for an ad in the New York Timesdeclaring “War With Iraq Is Not in the U.S. National Interest.” About half of the signatories were prominent realists, and several others wrote articles before the war explaining why it was unnecessary and unwise. By contrast, it was the neocons who conceived and promoted the Iraq war, while many prominent liberals endorsed it. Surely Americans deserve to hear from a perspective that has been an accurate guide to recent events, instead of relying on pundits who have been consistently wrong.

Walt makes a very compelling case. Of course, as a realist myself, I didn’t need much convincing. The bigger question remains: Which of the leading newspapers will be the first to take up his suggestion?

DHS: Require REAL ID for Prescriptions

C|Net News reports that DHS Assistant Secretary for Policy Stewart Baker called today for national ID checks when Americans buy prescription drugs. This is yet another in a growing list of activities that federal authorities would bring within their control should the national ID system created by the REAL ID Act be implemented.

The eminently savvy Baker was unintentionally ironic when he reportedly said he “doesn’t ‘understand’ the civil liberties objections to the plan.”

To Hell With the Facts, We’re Still in This Thing!

Readers will no doubt be relieved that the new US National Intelligence Estimate on Iran has done nothing to dampen literary-critic-cum-Giuliani-foreign-policy-adviser Norman Podhoretz’s enthusiasm for starting another Middle Eastern war.

The Munich analogy and Winston Churchill make prominent appearances. No word, per Podhoretz’s prior comments on what went wrong after Vietnam, on whether gay people are to blame for the NIE.