Topic: Foreign Policy and National Security

Enemy of the People!

Prof. Walter F. Murphy’s Letter, originally published on Mark Graber’s blog, 3/7/07:

On 1 March 07, I was scheduled to fly on American Airlines to Newark, NJ, to attend an academic conference at Princeton University, designed to focus on my latest scholarly book, Constitutional Democracy, published by Johns Hopkins University Press this past Thanksgiving.

When I tried to use the curb-side check in at the Sunport, I was denied a boarding pass because I was on the Terrorist Watch list. I was instructed to go inside and talk to a clerk. At this point, I should note that I am not only the McCormick Professor of Jurisprudence (emeritus) but also a retired Marine colonel. I fought in the Korean War as a young lieutenant, was wounded, and decorated for heroism. I remained a professional soldier for more than five years and then accepted a commission as a reserve office, serving for an additional 19 years.

I presented my credentials from the Marine Corps to a very polite clerk for American Airlines. One of the two people to whom I talked asked a question and offered a frightening comment: “Have you been in any peace marches? We ban a lot of people from flying because of that.” I explained that I had not so marched but had, in September, 2006, given a lecture at Princeton, televised and put on the Web, highly critical of George Bush for his many violations of the Constitution. “That’ll do it,” the man said.

After carefully examining my credentials, the clerk asked if he could take them to TSA officials. I agreed. He returned about ten minutes later and said I could have a boarding pass, but added: “I must warn you, they’re going to ransack your luggage.” On my return flight, I had no problem with obtaining a boarding pass, but my luggage was “lost.” Airlines do lose a lot of luggage and this “loss” could have been a mere coincidence. In light of previous events, however, I’m a tad skeptical.

I confess to having been furious that any American citizen would be singled out for governmental harassment because he or she criticized any elected official, Democrat or Republican. That harassment is, in and of itself, a flagrant violation not only of the First Amendment but also of our entire scheme of constitutional government. This effort to punish a critic states my lecture’s argument far more eloquently and forcefully than I ever could. Further, that an administration headed by two men who had “had other priorities” than to risk their own lives when their turn to fight for their country came up, should brand as a threat to the United States a person who did not run away but stood up and fought for his country and was wounded in battle, goes beyond the outrageous. Although less lethal, it is of the same evil ilk as punishing Ambassador Joseph Wilson for criticizing Bush’s false claims by “outing” his wife, Valerie Plaime, thereby putting at risk her life as well as the lives of many people with whom she had had contact as an agent of the CIA. …

I have a personal stake here, but so do all Americans who take their political system seriously. Thus I hope you and your colleagues will take some positive action to bring the Administration’s conduct to the attention of a far larger, and more influential, audience than I could hope to reach.

Let’s Just Put Spengler Back on the Bookshelf, Hm?

There are questions about why the British sailors and marines conducted themselves in the way they did during captivity, and the British military will be taking up these questions, no doubt, in the coming days. But some of the declinism baloney on the Right (and Left) has gotten a bit nuts.

Peter Scoblic says let’s just all relax for a moment:

The specter of Western decline is an old conservative and neoconservative trope that wasn’t true during the cold war and is even less applicable now. Great Britain has two active carrier battle groups and spends more on its defenses than all but four countries, lagging significantly behind only the United States and China. It also deploys 16 megatons of nuclear explosives on its Trident submarines. That’s about 1,000 times the power of the bomb that destroyed Hiroshima. Put it this way: If British leaders woke up one day and decided that Iran should no longer exist, Iran would no longer exist.

Reading some of the commentary on this matter, you’d conclude that Iran was going to regularly start challenging the British Navy as a result of the propaganda victory it scored here. I’m not holding my breath.

Does Gitmo Hurt More than It Helps?

This morning, NPR did a story on media coverage of the British sailor crisis in the Arab world. Ramez Maluf, a journalism professor at American University in Beirut, pointed to this commentary by an Arab blogger on the subject:

Iranians should consider those 15 pirates as enemy combatants, and treat them in the same way as they treat our “detainees” in Gitmo. They should be put in orange jumpsuits, and their eyes, hands, and feet should be binded [sic]. After that, they should be kept rotting in cages there for five years without any legal process. That would be just like the U.S. style of democracy. It would be very fair.

Thank God, it appears that the Brits are about to be released. Apparently, what the British are supposed to do is state that they “regret” the incident, and will endeavor to make sure it doesn’t happen again, without admitting that the British entered Iranian territorial waters. I imagine that both of those statements are true, though I suspect that “making sure it doesn’t happen again” may mean different things to the English than it does to the Iranians. There are different ways to ensure that such an incident doesn’t happen again.

April Fool’s Dud

Over the weekend, I put an April Fool’s Day post up on Tech Liberation Front, indicating a security breach in the NAPHSIS EVVE system.  It was almost instantaneously debunked by a commenter.  Thank you so much, blogosphere … .  The post was intended to illustrate some issues with identification-based security and the REAL ID Act.

The National Association for Public Health Statistics and Information Systems has developed and implemented the Electronic Verification of Vital Events system to allow immediate confirmation of the information on a birth certificate presented by an applicant to a government office anywhere in the nation irrespective of the place or date of issuance.

That sounds neat, but it is being incorporated into the REAL ID national ID system apparently without regard to the security issues involved. If we are going to use driver’s licenses for security purposes, each link in the chain of issuance is then a potential vulnerability.

What if the NAPHSIS EVVE system and others like it were compromised and made to confirm the issuance of birth certificates that didn’t actually exist? We could have untold numbers of licenses issued based on fraud. The system we have now, which provides a modicum of security, could collapse as fraudulently acquired driver’s licenses proliferate.

Two weeks ago, at the meeting of the Department of Homeland Security’s Data Privacy and Integrity Advisory Committee, I asked Stewart Baker, Assistant Secretary for Policy at DHS, what counter-measures might be employed by attackers on the REAL ID national ID system. He said, “We have done some thinking about that …” I’m not sure our confidence should be inspired.

Every weakness in the system should be explored carefully. I summarized some of them in Appendix A of my testimony at the Homeland Security and Governmental Affairs Committee last week.

Reviewing That Review

As David Boaz amply documents below, there are many irritating features to David Leonhardt’s NYT book review of Brian Doherty’s Radicals for Capitalism.  One that particularly stood out for me, however, was Leonhardt’s insinuation that libertarianism is partially to blame for the unfolding disaster in Iraq.  In a paragraph intended to catalogue libertarianism’s current political difficulties, Leonhardt writes that Bush’s “free-market approach to rebuilding Iraq has proven disastrous.”  Now, if there is a properly “free-market” approach to bombing, invading, and occupying countries that don’t threaten us, I’m unaware of it. 

Perhaps Leonhardt is referring to Paul Bremer’s 2003 refusal to reopen state-run factories.  But the line suggests a broader attempt to hang the biggest foreign policy disaster in 30 years around libertarians’ necks.  Nice try.  The Iraq mess is the product of an ideological joint venture between neoconservatives and liberal hawks.  Libertarians, in the main, opposed it.  The American Prospect’s Matt Yglesias–who’s no libertarian–understands this far better than Leonhardt.  As Yglesias put it a while back:   

the notion that anything even remotely resembling libertarianism could underwrite an effort to conscript huge quantities of resources from the American public and deploy them in an attempt to wholly remake the social and political order in a foreign country is too absurd to merit a rebuttal. This is an argument properly directed at egalitarian liberals, and we have reason to be asked to produce some specific arguments about why the dim prospects for succeeding at this were ex ante knowable (such arguments can, I think, be fairly easily produced) and/or why, given the opportunity costs, nation-building in Iraq was not a wise place to deploy the resources in question (this argument, I think, can be produced very easily). As long as the conversation is supposed to be proceeding on the shared basis of libertarianism, however, one hardly needs to say anything. It’s coercion, it’s planning, it’s every non-libertarian thing under the sun.

And as long as we’re passing out blame for the Iraq War, don’t forget that Leonhardt’s employer, the Grey Lady herself, deserves a large chunk.