Topic: Foreign Policy and National Security

DHS Promoting Violation of State Law - and Fish Now Smell Good

The Department of Homeland Security is instructing Illinois businesses that they do not have to comply with a law called the Illinois Right to Privacy in the Workplace Act.

The state’s law bars Illinois employers from enrolling in E-Verify or any similar system until the Social Security Administration and DHS can make final determinations on 99 percent of their “tentative nonconfirmation notices” - findings that people aren’t authorized to work under the immigration laws - within three days.

But in a notice that would panic any lawyer advising Illinois clients, the DHS claims that the state “has agreed to not enforce this law” because of its lawsuit against the state. “Illinois has agreed that it will not penalize employers simply for participating in the program, at least until the lawsuit is finished.”

The notice asks people who have been asked to comply with the law to “please contact DHS immediately.” The worry, one supposes, is that a rogue state employee might ask an Illinois business to comply with the state’s laws.

Fascinating. Whatever’s happening here makes the smell of fish downright pleasant.

You’ll be able to learn why Illinois might not want its employers using E-Verify in my forthcoming study, “Electronic Employment Eligibility Verification: Franz Kafka’s Solution to Illegal Immigration.”

Satellite Shooting

The U.S. Navy is going to shoot down a malfunctioning National Reconnaissance Office (spy) satellite that is due to hit earth in March. A missile fired from an Aegis cruiser will do the deed.

The official reason for doing this, according to Aviation Week, is that:

The spacecraft carries a full tank of hydrazine — a toxic propellant — that would have been used to reposition the satellite in orbit. Government analysts say the odds are that the tank will crack open during re-entry or that it will land in the ocean, which makes up 70 percent of the area where the breaking-up satellite might land.

Hydrazine, a widely used rocket fuel, is certainly hazardous. But suspicious minds are bound to wonder whether the motive behind this action is not what we are told, especially because satellites crash to Earth frequently without harm.

It could be, as Aviation Week speculates, that sensitive technology on the satellite might survive reentry, land in the wrong place, and reveal U.S. secrets.

Another possibility is that the safety concern may provide a rationale for those in the Pentagon who want to conduct an anti-satellite test, a business that the U.S. has been out of for decades. Even if that is not the case, observers in China and other foreign states may believe it anyway.

Business Travel Group Seeks Change to REAL ID

The Association of Corporate Travel Executives recognizes the problems that the Department of Homeland Security will cause if it follows through on the threat to make air travel inconvenient for people from states that refuse the REAL ID Act’s national ID mandate. That’s why ACTE has released a statement asking for change to the REAL ID law.

An ACTE release published on etravelblackboard.com says:

“The traveling public needs more time to consider how these new regulations will affect them, and to be made aware of alternative efforts that may serve the same security objectives with less stress,” said Gurley. “Divisive activity by pressuring states into accepting a mandate at the risk of inconveniencing travelers is not conducive to the best policy-making.”Gurley is referring to the Identification Security Enhancement Act S.717, described as a “compelling alternative to Real ID,” and is cosponsored by four senators from both parties. A companion bill, H.R. 1117, introduced by Tom Allen (D-ME) has been cosponsored by 32 representatives. It has been stated that these bills would produce a more secure identification program, faster than the implementation date (2017) given by DHS.

As I wrote in the American Spectator a week ago:

With enough states saying “Hell No” to the REAL ID mandate, the feds will back down from their threat to make air travel inconvenient. The airline industry will be up on Capitol Hill faster than you can say “You are now free to move about the country.” Congress will back the DHS off.

I was close. It turns out to be an air travelers group making the first to move to end DHS’s brinksmanship.

Iraq War Spending: 2001-present

The CBO has issued a report titled “Analysis of the Growth in Funding for Operations in Iraq, Afghanistan, and Elsewhere in the War on Terrorism.”

I ran the figures through the Net Present Value calculator I use at WashingtonWatch.com. (The amount you’d have to put in the bank for future spending, or the amount you’d have in the bank but for past spending.)

The results? A little over $8,600 per U.S. family, or $2,700 per person.

The Fear Factory

Via Hit and Run, the article from the February 7 Rolling Stone that Ben Friedman blogged about recently is now online. “The Fear Factory” discusses multiple cases where the FBI’s Joint Terrorism Task Forces have brought cases against defendants who “posed little if any demonstrable threat to anyone or anything.” Crucially, the story illustrates how information about the JTTFs’ activities are shrouded behind claims of secrecy.

This is no way to do law enforcement - or to secure a free country.

Nuclear Terror: How Big a Threat?

Steve Chapman has a typically smart piece describing John Mueller’s provocative “who’s afraid of nuclear terror?” argument. (.pdf)

The events required [for nuclear terror to] happen include a multitude of herculean tasks. First, a terrorist group has to get a bomb or fissile material, perhaps from Russia’s inventory of decommissioned warheads. If that were easy, one would have already gone missing.

Besides, those devices are probably no longer a danger, since weapons that are not scrupulously maintained (as those have not been) quickly become what one expert calls “radioactive scrap metal.” If terrorists were able to steal a Pakistani bomb, they would still have to defeat the arming codes and other safeguards designed to prevent unauthorized use. As for Iran, no nuclear state has ever given a bomb to an ally—for reasons even the Iranians can grasp. Stealing some 100 pounds of bomb fuel would require help from rogue individuals inside some government who are prepared to jeopardize their own lives. The terrorists, notes Mueller, would then have to spirit it “hundreds of miles out of the country over unfamiliar terrain, and probably while being pursued by security forces.”

Then comes the task of building a bomb. It’s not something you can gin up with spare parts and power tools in your garage. It requires millions of dollars, a safe haven and advanced equipment—plus people with specialized skills, lots of time and a willingness to die for the cause. And if Al Qaeda could make a prototype, another obstacle would emerge: There is no guarantee it would work, and there is no way to test it…

Chapman concludes:

None of this means we should stop trying to minimize the risk by securing nuclear stockpiles, monitoring terrorist communications and improving port screening. But it offers good reason to think that in this war, it appears, the worst eventuality is one that will never happen.

My eyebrows went up an inch or three the first time I heard this argument at the APSA convention last year, but as with so much of John Mueller’s work, when you stop to think about his arguments, it’s hard to find a genuinely weak link in his logic. In any event, it’s a discussion that deserves to be had.

Airport Security Technology Stuck in the Pipeline

The Washington Post has a story today on the slow pace of progress in airport security technology. We would see faster development of better, more consumer-friendly security technology if the airlines were entirely responsible for it. Here’s a glimpse of what I said about this in an written debate hosted by Reason magazine a few years ago:

Airlines should be given clear responsibility for their own security and clear liability should they fail. Under these conditions, airlines would provide security, along with the best mix of privacy, savings, and convenience, in the best possible way. Because of federal involvement, air transportation is likely less safe today than it would be if responsibility were unequivocally with the airlines.