Topic: Foreign Policy and National Security

Should the U.S. Use its Soldiers to Spread Democracy around the Globe?

For a very interesting exchange of views on the tension between limited government and the idea of spreading democracy abroad, go here and listen to a panel discussion from a Federalist Society conference. 

My colleague Tom Palmer takes on Bill Kristol of the Weekly Standard, who has argued that American troops should occupy Iraq until democracy is in place there, and perhaps beyond. 

This panel discussion was actually held last November, but the audio has just recently been made available for web surfers. Mr. Francois-Henri Briard of the Federalist Society’s Paris Chapter is also on the panel and starts it off. Federal Judge Raymond Randolph moderates. Good stuff here.

“Isolationism”

There’s a mini-buzz in the blogosphere over the concept of isolationism today, since Jonah Goldberg is using the term in the LA Times and Jacob Weisberg is at Slate.

When the President kept referring to the specter of isolationism around this time last year, I wrote this piece in response, noting that

The term “isolationist” didn’t arise until the late nineteenth century, when it was made popular by Alfred Thayer Mahan, an ardent militarist, who used the term to slur opponents of American imperialism. As historian Walter McDougall has pointed out, America’s “vaunted tradition of ‘isolationism’ is no tradition at all, but a dirty word that interventionists, especially since Pearl Harbor, hurl at anyone who questions their policies.”

Bizarrely, libertarians, even given our support for unrestricted trade and extremely liberal immigration policies, have been victimized by the epithet.  So in some ways I think Jim Henley put it best when he pointed out that in many contexts today,

“isolationism” means a reluctance to travel a long distance to kill foreigners at great expense. I say, let’s have some of that.

Attorney General Gonzales and Mail Openings

The New York Daily News is reporting that the Bush administration has asserted the legal authority to search and inspect the mail without having to get search warrants. 

There is an “emergency” exception to the warrant requirement.  For example, if some bank robbers decide to take hostages and start making demands, a SWAT team can move in without a warrant.  When the emergency exception is ordinarily relied upon, the search is done out in the open - so the government’s actions are transparent.  The homeowner or business owner knows fairly quickly that agents conducted a search and can bring any abuse to the attention of the news media, the courts, or the legislature.  Those “checks” on police power are not in place with respect to mail openings.  We just don’t know what may be going on at the post office before we get our mail.

Rep. Jeff Flake (R-AZ) specifically asked Attorney General Alberto Gonzales about mail openings at a 2005 hearing.  Here’s the exchange:

REP. JEFF FLAKE (R-AZ): Thank you, Mr. Chairman. Thank you, General Gonzales.

Let me just try to bring this to the real world for a minute here, the real-world scenario, and see if we’re on the same page here. You may be familiar with one of the Fox News analysts, Andrew Napolitano, who wrote an op-ed a while ago. And let me just read a portion of it and get your response to it.

Quote: “The government can now, for the first time in American history, without obtaining the approval of a court, read a person’s mail and prosecute a person on the basis of what is in the mail.” Is that an accurate reflection of the law?

ATTY GEN. GONZALES: I’m not – I don’t believe it is an accurate reflection of the law. Again, if we’re talking about the exercise of authorities under the Patriot Act, in most cases it does involve the department going to a federal judge and getting permission to use a proposed authority.

REP. FLAKE: I understand in most cases. But is that possible now, for the first time in history, without obtaining the approval of a court, to read a person’s mail and then prosecute the person on the basis of what is in that mail?

ATTY GEN. GONZALES: That sounds to me like it would be a search. And I think that you would need probable cause to do that. You would need a warrant to do that, and you’d have to go to a federal judge in those cases, except, I think, in very rare circumstances, if in the event of an emergency. But even then you’d have to go to a judge after the fact and explain what you’ve done. So I don’t think that what he has said is accurate.

REP. FLAKE: But it would be accurate if you say in certain cases you would have to go to the judge after the fact.

ATTY GEN. GONZALES: But those are very rare and extraordinary circumstances. And so –

REP. FLAKE: How many of those circumstances have we had?

ATTY GEN. GONZALES: I’m not aware of any.

REP. FLAKE: None?

ATTY GEN. GONZALES: I’m not aware of any.

REP. FLAKE: If there are some, could you get back to my office with that information?

ATTY GEN. GONZALES: I can certainly look into it.

Source: Hearing before the House Judiciary Committee, April 6, 2005.

I will be blogging about this some more later, but I expect the Senate and House Judiciary Committees will immediately begin to investigate this matter and call Mr. Gonzales in for questioning.

For background on the constitutional record of the Bush administration, read this.

Is Bush Helping Africa?

On Sunday, December, 31, the Washington Post featured a banner headline reading “Bush Has Quietly Tripled Aid to Africa.” The article noted:

The president has tripled direct humanitarian and development aid to the world’s most impoverished continent since taking office and recently vowed to double that increased amount by 2010 — to nearly $9 billion.

The moves have surprised — and pleased — longtime supporters of assistance for Africa, who note that because Bush has received little support from African American voters, he has little obvious political incentive for his interest.

“I think the Bush administration deserves pretty high marks in terms of increasing aid to Africa,” said Steve Radelet, a senior fellow at the Center for Global Development.

Conservative press critics might be surprised at the positive tone of the article, which ran for 34 column inches, about a third of a page. But one could also wonder why the Post, in all that space, couldn’t find room for a single critical comment from a foreign aid skeptic. For decades, economists have argued that government-to-government aid bolsters dictatorial governments, increases dependency, and discourages local entrepreneurship and enterprise. People can hardly fail to note that Africa has been the largest recipient of economic aid for decades, and the continent remains poor and undeveloped. So will Bush’s huge increase in aid be more successful? The outlook isn’t good.

Post readers who want the full story might consult foreign aid critiques by pioneering development economist P. T. Bauer, former World Bank economist William Easterly, Ugandan journalist Andrew Mwenda, longtime aid practitioner Thomas Dichter, Cato’s Ian Vasquez, or four African economists, or this story from the BBC.

Sandy Berger: Oops, I Must Have Accidentally Stuck the Wrong Papers in My Briefcase, Hidden Them under a Construction Trailer, Come Back to Get Them, and Cut Them into Shreds

The Washington Post reports

On the evening of Oct. 2, 2003, former White House national security adviser Samuel R. “Sandy” Berger stashed highly classified documents he had taken from the National Archives beneath a construction trailer at the corner of Ninth Street and Pennsylvania Avenue NW so he could surreptitiously retrieve them later and take them to his office, according to a newly disclosed government investigation.

The documents he took detailed how the Clinton administration had responded to the threat of terrorist attacks at the end of 1999. Berger removed a total of five copies of the same document without authorization and later used scissors to destroy three before placing them in his office trash, the National Archives inspector general concluded in a Nov. 4, 2005, report.

After archives officials accused him of taking the documents, Berger told investigators, he “tried to find the trash collector but had no luck.” But instead of admitting he had removed them deliberately — by stuffing them in his suit pockets on multiple occasions — Berger initially said he had removed them by mistake.

The fact that Berger, one of President Bill Clinton’s closest aides from 1997 to 2001, illicitly removed the documents is well-known: A federal judge in September 2005 ordered him to pay a $50,000 fine for his actions and forfeit his security clearance for three years.

What Berger did, and the ham-handed and comical methods by which he did it, are freshly detailed in the National Archives report, which the Associated Press obtained first under a Freedom of Information Act request.

Although the report reiterates that Berger’s main motive was to prepare himself for testifying before a commission investigating the Sept. 11 attacks, it makes clear that he not only sought to study the documents but also destroyed some copies and — when initially confronted — denied he had done so.

His lawyer, Lanny Breuer, said in a statement yesterday that Berger “considers this matter closed, and he is pleased to have moved on.”

More special rules for Washington insiders?

More Energy Security Gibberish (Wall Street Journal Edition)

Yesterday, the Journal ran a long, page one story featuring claims by retired Air Force General Charles Wald that oil production facilities around the world are dangerously vulnerable to terrorist attack and that the U.S. hasn’t done enough about it. General Wald is primarily worried about unguarded pipelines and chokepoints for tanker traffic and believes that the U.S. military needs to make “oil security” one of its chief concerns.

I was invited this morning by producers at CNBC’s Kudlow & Co. to debate General Wald, but alas, the General turned out to be unavailable, so the spot was scrapped. That’s too bad, because I was looking forward to engagement.

In short, General Wald is arguing that:

  • Market actors - who have spent billions of dollars on these facilities - are underinvetsting in security;
  • Producer states - who rely on oil revenues for most of their state revenue - are underinvesting in security as well; and finally:
  • If the U.S. military doesn’t do something about this, nobody will.

This is all pretty hard to swallow. Why would investor-owned oil companies be so carefree about their multi-billion-dollar facilities and capital assets? Are those companies run by stupid or myopic individuals? Likewise, poor governments have even more reason to be worried about securing oil production facilities and transit lanes than does the United States, because the economic harms caused by disruption would be far greater on the former than the latter.

While it’s certainly possible that oil companies and producer states are investing suboptimally when it comes to security expenditures, they have every incentive to make reasonable security investments. What makes General Wald think his assessment of the costs and benefits of those investments are better than those of investor-owned oil companies or the incumbent governments in question?

Now, let’s assume for the sake of argument that General Wald is indeed the master of this informational universe. If the U.S. taxpayer steps in via the U.S. military to undertake needed investments, what incentive do companies or governments have to make future security investments? Why wouldn’t both parties subsequently free-ride off the U.S. taxpayer for the rest of time?

And, not to put too fine a point on it, but is it really the military’s job to protect private corporate property? Shouldn’t the oil companies be paying those costs themselves? They, after all, are making a somewhat risky bet when they put their money into these regions. If that bet pays off, they make billions. If it doesn’t, then they should bear the loss alone if they’re going to reap the gain alone. Likewise, why should the U.S. military protect the economic assets of state-owned oil companies controlled by dubious regimes?

General Wald’s justification for all of this is that an oil supply disruption threatens the foundation of the American economy. That’s bunk. Recent research suggest that GDP is simply not affected that much by oil price spikes.

The contention that “we” aren’t doing enough to hedge against the possiblity of terror attacks on the oil supply infrastructure invites the question of just exactly who is this “we”? Market actors are building up oil inventories at a breakneck pace and an unprecidented amount of money is flowing into oil futures contracts. In other words, people in the market aren’t dumb. They know that a supply disruption is possible. And they’re acting on that possiblility by putting oil in the storage facilities for a rainy day.

But this is just more of the same-old same-old. Superficial bilge about energy security is the currency of the intellectual realm these days, and General Wald’s naval-gazing represents nothing new. What really got my attention was this:

In late 2002, he [Wald] was named deputy chief of the U.S. European Command in Stuttgart, which also oversees parts of Central Asia and most of Africa. The command wasn’t on the front lines of the fight then about to begin in Iraq, and officers were searching for a mission.

Well, if the U.S. European Command has no mission and nothing to do, then why not shut it down? If it’s got to cast about looking for something to worry about, it can at least pick something that it can handle. Given how thinly stretched our troops are at the moment, is it really the best use of our resources to perform this nearly unimaginable task of defending thousands of miles of foreign pipelines from rifle-fired pot-shots?

The Pentagon Is Not Reporting the Good News from Iraq

The Pentagon said yesterday that violence in Iraq soared this fall to its highest level on record and acknowledged that anti-U.S. fighters have achieved a “strategic success” by unleashing a spiral of sectarian killings by Sunni and Shiite death squads that threatens Iraq’s political institutions.

In its most pessimistic report yet on progress in Iraq, the Pentagon described a nation listing toward civil war, with violence at record highs of 959 attacks per week, declining public confidence in government and “little progress” toward political reconciliation.

The Washington Post