Topic: Foreign Policy and National Security

Monday Podcast: ‘Challenging Domestic Military Detentions’

410px-ali_saleh_kahlah_al_marriAli Saleh Kahlah al-Marri, the exchange student from Qatar who was detained by the FBI with alleged ties to al-Qaeda, sat for years in a military brig in South Carolina as the only domestically detained enemy combatant.

The Bush Administration used al-Marri to test a legal theory aimed at keeping suspected terrorists in military prisons indefinitely.

President Obama has reversed that ruling, and has moved al-Marri into civilian courts. The Supreme Court is no longer hearing al-Marri’s appeal.

In Monday’s Cato Daily Podcast, Legal Policy Analyst David Rittgers says that there’s nothing that will stop future administrations from again reversing the policy.

This is creating this legal cul-de-sac where we can have military detention domestically…and the reason that they picked Al-Marri is, just as you would pick a sympathetic plaintiff to sue to overturn a law, if you want to keep a law…you would look for an unsympathetic defendant, and Al-Marri is as unsympathetic as you can get.

…He is the test case to keep this policy open.

The Cato Institute co-authored an amicus brief (PDF) at the Supreme Court supporting al-Marri’s challenge to the military detention.

What’s New in Pakistan?

200903_innocent_blogThis weekend, protesters supporting Pakistani opposition leader Nawaz Sharif (PML-N) clashed with police in riot gear in downtown Lahore. The sight of lawyers being tear-gassed is shocking to many Americans. But what should be more shocking—yet extremely more complicated to work through as explained below—is America’s continued backing of Pakistan’s unpopular president, Asif Ali Zardari, who continues to obstruct his democratic opposition and (until recently) the reappointment of ousted Chief Justice Iftikar Chaudrhy.

It’s easy for people in the West to dismiss these demonstrations as the outgrowth of the country’s petty political infighting. But Americans must recognize that historically, U.S. policy and assistance has either enhanced the position of Pakistan’s military at the expense of its civilian leaders, or has helped domestic civilian leaders more popular within Washington than within their home country. Throughout the Cold War and up to the present day, these domestically unpopular figures devoted more government resources toward themselves, their own political parties, and their own bureaucratic expansion rather than toward economic and social reforms to modernize and better educate Pakistan’s population. Consequently, Pakistani citizens began to blame American aid and support for their own deteriorating situation.

Certainly Pakistan’s domestic power struggles and ceaseless political infighting will continue to overshadow a menace more sinister than legislative rivals—i.e.-the Taliban, al Qaeda and other militant groups sweeping through large swaths of Pakistani territory.

But for long-term stability, U.S. policymakers must jettison the idea that a foreign leader’s denunciation of America means that leader poses a direct threat to U.S. interests. What America should want most is stability and continuity, particularly within Pakistan if we want to prevent the convergence of global terrorism and nuclear proliferation. Thus, in a perverse way, Sharif’s condemnation of the United States, coupled with his unwavering support for restoring judges sacked by Musharraf, has shored up his support within Pakistan, and his rise to power may actually bring solidity to the country.

The question of whether the military will step back in is much more complicated. Last August when the military backed away from politics, that move was based on political expediency (a desire to repair its tarnished image) rather than on political principle (a desire to restore the country’s democratic rights). If people in the military begin to feel that the country is slipping out of control they would attempt to retake power. There are, however, two main reasons why the military would not try to reassert its authority: 1) political pressure from Washington (the belief that with the military focused on governing, it would take its focus off combating the insurgency); and 2) pragmatism (after all, if Pakistanis are in an uproar over Sharif, imagine the protests that would ensue if army generals tried to impose martial law).

But when it comes to foreign policy, anything is possible, and Pakistan’s government has swung like a pendulum between military dictators and electoral democracies throughout its 61-year history. Because civilian leaders do not have a monopoly on government decision-making, U.S. policymakers must cultivate relations with both the civilians and the military, as civilians may be in power one day and the military in power the next.

Pakistan’s army is on standby ahead of today’s planned sit-in by lawyers in Islamabad, and authorities warn that such a protest would paralyze the government. The best U.S. Secretary of State Hillary Clinton can do is work with both Zardari and Sharif to arrive at a negotiated settlement to restoring judges and ending the political deadlock. But overall, Pakistan’s long-term success depends on the strength of its civilian institutions and the public’s repudiation of extremism. In this respect, America must be committed to strengthening cooperation not only with the Pakistani Government but with the Pakistani people.

Update: Sharif this morning calls off protest

Our Problem on the Ground in Afghanistan

Virtually no one believes that things are going well on the ground in Afghanistan.  The reasons are many.  Some of the practical frustrations are captured by my friend Joshua Foust, who is working with the military on attempting to better understand Afghan society.  He writes:

 Over scalding cups of tea in mid-February, an elder in Nijrab, Afghanistan said to me, “For two years you have come here and asked me the same questions. I like you, I like the French, but you people never learn.”

He was referring to the generic questions Westerners ask Afghans: What is your life like? Where is the Taliban? What are your village’s needs? This particular elder has regular contact with American troops, and likes Americans enough to have tea with us. Nevertheless, he was deeply frustrated by the way, for all our questions, we never seem to learn from our experiences.

Very few people in Kapisa province assume that coalition forces are there to do them harm. They acknowledge that ISAF behaves fundamentally differently than the Soviets did. Yet as the seventh year of the war begins, there is enormous frustration with the coalition for not learning from its mistakes, and also with the Afghan government for being unresponsive.

One elder from northern Tagab said, “We can sit down and have tea with you, but we can’t with our own government.” He said he wished the coalition would focus more on the people and less on the government. “Governments come and go,” he said, “but the people will always be here.”

Indeed, countless interviews indicate that people in Afghanistan have very little confidence in their local government or the police, instead trusting their shuras (community and district councils) and the Army to represent their interests.

His reports on his blog also are well worth reading.  Josh is a skeptic of preventive wars and nation-building, but his posts are more reportorial, giving us ivory tower sorts a better sense of the reality that America’s military and civilian personnel must confront every day in Afghanistan.

Are You Good for it, Ask the Chinese?

You might have trouble telling which country is the world’s superpower with the world’s largest economy, and which is the still relatively poor nation attempting to push its way onto the international stage.

Reports the New York Times:

The Chinese premier Wen Jiabao expressed concern on Friday about the safety of China’s $1 trillion investment in American government debt, the world’s largest such holding, and urged the Obama administration to provide assurances that its investment would keep its value in the face of a global financial crisis.

Speaking at a news conference at the end of the Chinese parliament’s annual session, Mr. Wen said he was “worried” about China’s holdings of Treasury bonds and other debt, and that China was watching United States economic developments closely.

President Obama and his new government have adopted a series of measures to deal with the financial crisis. We have expectations as to the effects of these measures,” Mr. Wen said. “We have lent a huge amount of money to the U.S. Of course we are concerned about the safety of our assets. To be honest, I am definitely a little worried.”

He called on the United States to “maintain its good credit, to honor its promises and to guarantee the safety of China’s assets.”

Mr. Wen raised the concerns at a session in which he touted China’s comparatively healthy economy and said that his government would take whatever steps were needed to end the country’s economic slump. He also predicted that the world economy would improve in 2010.

The confident performance underscored the growing financial and geopolitical importance of China, one of the few countries to retain massive spending power despite slowing growth.

China has the world’s largest reserves of foreign exchange, estimated at $2 trillion, the product of years of double-digit growth.

Prime Minister Wen’s comments were conveniently timed, following a well-publicized naval game of chicken between a U.S. vessel and several Chinese boats in the South China Sea.  But the Chinese premier still has a point.  With the U.S. government stuck with unfunded liabilities in excess of $100 trillion even before it devoted trillions of dollars more to bail out just about anyone associated with the auto, housing, and financial industries, just how is Washington going to manage the new debt tsunami unleashed by the economic crunch?  Americans desperately want to know the answer to that question.

And, embarrassingly, so too do the Chinese.

Your Apropos-of-Nothing Observation of the Day

Fun with juxtaposed quotes:

Durkheim taught that in religious worship, society adores its own camouflaged image. In a nationalist age, societies worship themselves brazenly and openly, spurning the camouflage.

-Ernest Gellner, Nations and Nationalism (Ithaca, NY: Cornell University Press, 1983), p. 56.

and

Addressing Congress [in 2003], Bush declared that “the course of this war is not known, yet its outcome is certain. Freedom and fear, justice and cruelty, have always been at war, and we know that God is not neutral between them.” A form of religious nationalism permeated the whole address. Bush took words from a hymn, “There’s Power in the Blood,” to refer to the “power, wonder-working power,” of “the goodness and idealism and faith of the American people” — words which in the hymn are used of the lamb, Jesus Christ.

-Anatol Lieven, America Right or Wrong: An Anatomy of American Nationalism (Oxford: Oxford University Press, 2004), p. 128.

Crazy as I thought those days were at the time, the more you think about it, the crazier they seem. You’d think American Christians would have found this sort of thing mindblowingly offensive. Yet, they sort of seem to have dug it.

Nationalism. Powerful stuff.

Week in Review: A School Choice Victory, Earmark Reform, and Drug Violence in Mexico

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Obama Dips a Toe in the Educational Choice Pool

After Congress voted to let the Washington D.C. voucher program expire, stripping 1,700 low-income children of the opportunity to attend private schools, President Obama said he will keep the program afloat in subsequent legislation.

“It wouldn’t make sense to disrupt the education of those that are in that system,” said Robert Gibbs, the White House press secretary. “And I think we’ll work with Congress to ensure that a disruption like that doesn’t take place.”

Andrew J. Coulson, director of Cato’s Center for Educational Freedom, commented on Obama’s decision to continue to extend school choice benefits to underprivileged children in the nation’s capital:

This is a crucial milestone. There is finally a major national Democratic leader who is beginning to catch up to his state-level peers. Democrats all around the country have been supporting and signing small education tax credit programs because they realize that these programs are win-win: good for their constituents and good for their long-term political futures.

In an op-ed that ran the day Gibbs made the announcement, Coulson explained why those who oppose school choice will find themselves on the wrong side of history.

In 2006, Susan Aud and Leon Michos published a report on the fiscal impact of the D.C. voucher program, which documented the success of the District’s school choice pilot, the first federally funded voucher program in the United States.

Obama Signs Earmark-Heavy $410 Billion Omnibus Bill

After signing a bill that had nearly $8 billion in earmarks, President Obama declared that from then on, his administration would work toward earmark reform.

Sounds a bit like St. Augustine’s famous prayer, “Lord, make me chaste but not just yet,” said Daniel Griswold, director of Cato’s Center for Trade Policy Studies:

Recall that as a candidate, Obama said he and Democratic leaders in Congress would change the “business as usual” practice of stuffing spending bills with pet projects. Those earmarks, submitted by individual members to fund obscure projects in their own districts and states, typically become law without any debate or transparency.

Saying he would sign the “imperfect bill,” President Obama offered guidelines to curb earmarks … in the future. “The future demands that we operate in a different way than we have in the past,” he said. “So let there be no doubt: this piece of legislation must mark an end to the old way of doing business and the beginning of a new era of responsibility and accountability.”

Lord, make us fiscally responsible, but not just yet.

Meanwhile, Republican leaders are condemning the president’s expansion of the federal government. But do they have any standing to judge? Senior Fellow Michael D. Tanner said no:

The Bush administration’s brand of big-government conservatism was, at the very least, the greatest expansion of government from Lyndon Johnson to, well, Barack Obama.

For Cato’s policy recommendations on earmarked spending, see the “Corporate Welfare and Earmark Reform” chapter in the 2009 Cato Handbook for Policymakers.

Violence Spills into the U.S. from Mexico’s Drug War

With daily reports of increased violence coming from Mexico, Cato Vice President for Defense and Foreign Policy Studies Ted Galen Carpenter said the brutality is an indicator of power and arrogance, not desperation, and asserts that gun restrictions in the U.S. will not subdue violence:

The notion that the violence in Mexico would subside if the United States had more restrictive laws on firearms is devoid of logic and evidence. Mexican drug gangs would have little trouble obtaining all the guns they desire from black market sources in Mexico and elsewhere…

… Even assuming that the Mexican government’s estimate that 97 percent of the weapons used by the cartels come from stores and gun shows in the United States-and Mexican officials are not exactly objective sources for such statistics-the traffickers rely on those outlets simply because they are easier and more convenient, not because there are no other options.

Carpenter spoke at a Cato policy forum last month, and explained why the war on drugs sparks such intense levels of violence.

In a Policy Analysis published in early February, Carpenter warned of the need to change our policy on the Mexican drug conflict, so as to prevent the violence from spreading across the border.

Who’s Blogging about Cato

Here’s a few bloggers who are writing, citing and linking to Cato research and commentary:

  • David Kirkpatrick links to Richard W. Rahn’s op-ed in The Washington Times about the increasing loss of liberty in the United Kingdom.
  • Free-market energy blogger Robert Bradley, editor of Master Resource, cites Cato’s recognition of the women who launched the libertarian movement: Ayn Rand, Rose Wilder Lane and Isabel Paterson.
  • Scott Horton 0f Anti-War Radio interviews Doug Bandow about relations between the US and China.

Let us know if you’re blogging about Cato by emailing cmoody [at] cato.org (subject: blogging%20about%20Cato) or drop us a line on Twitter @catoinstitute.