The Folks Who Brought You Military Detention in the NDAA Are Rewriting the AUMF

Yesterday, the Senate Armed Services Committee announced a hearing to revisit the 2001 Authorization to Use Military Force. In addition to a bunch of DOD figures (but not the recently departed Jeh Johnson, the DOD-connected person who said the most interesting things about the AUMF), it’ll have (I’ve linked their most salient comments on the AUMF):

Rosa Brooks, Professor of Law, Georgetown University Law Center

Geoffrey Corn, Professor of Law, South Texas College of Law

Jack Goldsmith, Professor of Law, Harvard Law School

Kenneth Roth, Executive Director, Human Rights Watch

Charles Stimson, Manager, National Security Law Program, The Heritage Foundation

Curiously, John Bellinger who (as far as I understand) started the discussion of a new AUMF is not slated to testify. Also note that the Deputy Director of Special Operations for Counterterrorism will testify, but no one from CIA is scheduled to; while JSOC can operate under the President’s inherent authority, it likely prefers the legal cover of an AUMF (and therefore may be one of the entities pushing for an AUMF that matches reality on the ground).

Politico reports that this hearing is more than speculative: Levin and no-longer-SASC-Ranking-Member-but-he-might-as-well-be John McCain are planning to rewrite the AUMF, with help from Bob Corker, Dick Durbin, and Lindsey “all detainees must be military” Graham.

And if the inclusion of Graham in that group doesn’t scare you, remember that this crowd is substantively the same one that enshrined military detention in 2012′s NDAA. While that effort might be regarded as “reasonable” Carl Levin and John McCain’s attempt to present something more reasonable than House Armed Services Committee Buck McKeon was pushing for, and while the NDAA originally included exceptions for US citizens, in the event, the White House pushed Carl Levin to effectively rubber stamp its claims to unlimited authority, including detaining (or killing) US citizens.

And if that doesn’t have you worried enough about this effort, consider this quote, which mocks the contributions Rand Paul or Ted Cruz might make to this debate.

“Can you imagine what Paul or Cruz would do with this?” said one top Democratic aide. “It could be a disaster. And it would be worse in the House.”

As a threshold matter, a top aide who can’t distinguish between Paul’s more heartfelt libertarianism from Cruz’ authoritarianism pretending to be libertarianism is a concern. But to call the influence of both as “a disaster” is troubling.

Ultimately, though, what is likely to happen with this debate is that all players will be unwilling to discuss openly what we’ve actually been doing in the name of war against al Qaeda, up to and including waging war in the “homeland.”  That’s one thing the 2001 AUMF was written to exclude. And I can almost guarantee you, it’s an authority the President — and the top Democratic aides who mock Rand Paul — will want to preserve.


If 40 Months of Drone Strikes in Yemen Haven’t Made Transfers Safe …

When on January 5, 2010 President Obama announced a halt to all transfers of Yemeni Gitmo detainees, he reiterated his intent to close the prison, even noting that AQAP formed, in part, in response to Gitmo (recall that Said al-Shihri, one of AQAP’s actual operational leaders, had been a Gitmo detainee).

Finally, some have suggested that the events on Christmas Day should cause us to revisit the decision to close the prison at Guantanamo Bay. So let me be clear. It was always our intent to transfer detainees to other countries only under conditions that provide assurances that our security is being protected.

With respect to Yemen in particular, there’s an ongoing security situation which we have been confronting for some time, along with our Yemeni partner. Given the unsettled situation, I’ve spoken to the Attorney General and we’ve agreed that we will not be transferring additional detainees back to Yemen at this time.

But make no mistake: We will close Guantanamo prison, which has damaged our national security interests and become a tremendous recruiting tool for al Qaeda. In fact, that was an explicit rationale for the formation of al Qaeda in the Arabian Peninsula.

The announcement came less than a week after John McCain, Lindsey Graham, and Joe Lieberman released a statement (citing Shihri explicitly) complaining about the imminent release of 6 Yemeni detainees; Dianne Feinstein and Kit Bond issued their own request. Jane Harman and Crazy Pete Hoekstra were also calling for a halt to transfers to Yemen (Hoekstra, of course, was also leaking NSA intercepts to fearmonger against Anwar al-Awlaki). The day after the announcement, DOD sources leaked a report that would later be released in more detail showing 20% of Gitmo detainees released had joined or rejoined al Qaeda. In short, in significant part it came in response to political pressure to halt transfers, something DiFi admits readily.

But the halt in transfers also came among Obama Administration guarantees that their new strategy against Yemen would quickly bring results. Brennan described the new security agreements put into place at the January 2, 2010 David Petraeus-Ali Abudullah Saleh meeting (this is where Brennan estimated the number of AQAP militants to be “several hundred”) at which Saleh agreed to let fixed wing planes, including drones, operate in his country.

WALLACE: Let me widen this discussion in that sense. Not only as you point out, obviously, were you in Yemen earlier, but General Petraeus, the head of Central Command, was in Yemen yesterday.

The British overnight have announced that the U.S. and the British are going to be co-funding a new Yemeni anti-terror counter-terror police force.

Is it fair to say that we are opening up a second front in our war on terror outside the Afghanistan-Pakistan theater in Yemen?

BRENNAN: I wouldn’t say we’re opening up a second front. This is the continuation of an effort that we’ve had under way since, as I said, the beginning of this administration.

David Petraeus has been out to Yemen several times. I spoke with him yesterday after he met with President Salih. We’re continuing to have a very close and ongoing dialogue with the Yemeni government. The cooperation is on the security, intelligence and military fronts.

We’ve had close consultations with the British. I spoke with the British last night also about the types of things that we can do together in support of the Yemeni government. So this is a determined and concerted effort.

We’re not going to let Al Qaeda continue to sort of make gains in Yemen, because we need to take whatever steps necessary to protect our citizens there as well as abroad.

WALLACE: Could that mean U.S. troops on ground in Yemen?

BRENNAN: We’re not talking about that at this point at all. The Yemeni government has demonstrated their willingness to take the fight to Al Qaeda. We — they’re willing to accept our support. We’re providing them everything that they’ve asked for.

And they’ve made some real progress. And over the past month, Al Qaeda has taken a number of hits, and a number of Al Qaeda leaders in Yemen are no longer with us because of this determined and aggressive action.

The day after Obama announced the moratorium on Yemen transfers, Robert Gibbs claimed (perhaps because several Yemenis had been transferred in December) that the moratorium came as a result of a recent decline in security.

MR. GIBBS: I have not seen or heard about the latest report that you refer to and I don’t have handy what numbers had been for similar reports in years past. Yesterday’s determination was made and announced very much on what you heard John Brennan say over the weekend. We never had a plan to transfer anybody either to their home country or to a third country that we believe — we have reason to believe will present a security situation for us or for that country. And in relating to Yemen, I think you heard John say nobody was going to be transferred back that we did not believe that the Yemeni government could handle.

The determination was made that given the — as you heard the President say — the swift change in the security environment even over the last few weeks in Yemen caused the President and the Attorney General to agree that pausing any of those transfers was the right policy right now.

Continue reading


Even as He Joins Tribute to George W. Bush, Obama Capitulates to WMD Fearmongers

Congratulations to Shrub, who today gets his very own (as Jim calls it) Lie Bury.

How appropriate that even as the President who lied us into war with false WMD claims was speaking, the national security establishment was hyperventilating over what some are claiming is “confirmation” that Bashar al-Assad has used chemical weapons.

The reports are based on a letter sent to John McCain and Carl Levin — in response to a request they made 24 hours ago — stating (in part) the following:

Our intelligence community does assess with varying degrees of confidence that the Syrian regime has used chemical weapons on a small scale in Syria, specifically the chemical agent sarin. This assessment is based in part on physiological samples. Our standard of evidence must build on these intelligence assessments as we seek to establish credible and corroborated facts. For example, the chain of custody is not clear, so we cannot confirm how the exposure occurred and in what conditions. We do believe that any use of chemical weapons in Syria would very likely have originated with the Assad regime. Thus far, we believe that the Assad regime maintains custody of these weapons, and has demonstrated a willingness to escalate its horrific use of violence against the Syrian people.

[snip]

Given the stakes involved, and what we have learned from our own recent experience, intelligence assessments alone are not sufficient — only credible and corroborated facts that provide us with some degree of certainty will guide our decision-making, and strengthen our leadership in the international community.

This letter comes a week after, at a Senate Armed Services Committee hearing, Director of National Intelligence James Clapper had suggested whether Syria had used chemical weapons was a policy question, not an intelligence one, and DIA Director Mike Flynn had said (in response to a question about North Korea intelligence) that DIA’s standard for confidence was lower than that of other Intelligence Community Agencies.

The government is saying the following:

  • Some IC members are very confident Assad has used sarin; others are not as confident
  • That judgment is based on physiological evidence (presumably taken from victims), but not “corroborated” by evidence about chain of control
  • That judgment assumes that any chemical weapons used in Syria would come from Assad

And based on that information, McCain and far too many members of the press are saying this “confirms” that Assad used chemical weapons.

Well, if and when we go to war based on WMD this time, Obama will be able to say that Congress was the entity making the most out of carefully caveated intelligence claims, not the President (though John Kerry appears to speaking without nuance).

Update: I’ve changed the headline to try to clarify the relationship between the Bush library ceremony and this release. I’m still not certain I’m happy with it, though, so please let me know if you’ve got suggestions.

Update: Arms Control Wonk’s Jeffrey Lewis commented on this, talking about the implicit shortcomings in the claims above (though with more credibility). In addition, he notes that because we’ve made this a “red line,” it increases the likelihood those who want us to intervene will cross it themselves.

Having set a red line for US involvement to deter Assad, we’ve also created an incentive for certain groups to tell stories that might result in more US assistance.  As I have noted before, these groups don’t appear particularly scrupulous when it comes to the truth.  So, I’d be very, very careful about leaping to conclusions.

And he also observes that even while the evidence might support a claim that someone in Assad’s regime used Sarin, it doesn’t appear to amount to an attack.

Suddenly the constant references to the “small scale” use becomes more clear — we don’t have multiple victims in a single use, as might be expected if the Syrians gassed a military unit or a local community.  At most, we have two events in which only one person was exposed.


That Makes Over 21 Requests by 31 Members of Congress, Mr. President

Adding the letter that Barbara Lee, as well as a list of all Members of Congress who have, at one time or another, requested the targeted killing memos.

February 2011: Ron Wyden asks the Director of National Intelligence for the legal analysis behind the targeted killing program; the letter references “similar requests to other officials.” (1) 

April 2011: Ron Wyden calls Eric Holder to ask for legal analysis on targeted killing. (2)

May 2011: DOJ responds to Wyden’s request, yet doesn’t answer key questions.

May 18-20, 2011: DOJ (including Office of Legislative Affairs) discusses “draft legal analysis regarding the application of domestic and international law to the use of lethal force in a foreign country against U.S. citizens” (this may be the DOJ response to Ron Wyden).

October 5, 2011: Chuck Grassley sends Eric Holder a letter requesting the OLC memo by October 27, 2011. (3)

November 8, 2011: Pat Leahy complains about past Administration refusal to share targeted killing OLC memo. Administration drafts white paper, but does not share with Congress yet. (4) 

February 8, 2012: Ron Wyden follows up on his earlier requests for information on the targeted killing memo with Eric Holder. (5)

March 7, 2012: Tom Graves (R-GA) asks Robert Mueller whether Eric Holder’s criteria for the targeted killing of Americans applies in the US; Mueller replies he’d have to ask DOJ. Per his office today, DOJ has not yet provided Graves with an answer. (6) 

March 8, 2012: Pat Leahy renews his request for the OLC memo at DOJ appropriations hearing.(7)

June 7, 2012: After Jerry Nadler requests the memo, Eric Holder commits to providing the House Judiciary a briefing–but not the OLC memo–within a month. (8)

June 12, 2012: Pat Leahy renews his request for the OLC memo at DOJ oversight hearing. (9)

June 22, 2012: DOJ provides Intelligence and Judiciary Committees with white paper dated November 8, 2011.

June 27, 2012: In Questions for the Record following a June 7 hearing, Jerry Nadler notes that DOJ has sought dismissal of court challenges to targeted killing by claiming “the appropriate check on executive branch conduct here is the Congress and that information is being shared with Congress to make that check a meaningful one,” but “we have yet to get any response” to “several requests” for the OLC memo authorizing targeted killing. He also renews his request for the briefing Holder had promised. (10)

July 19, 2012: Both Pat Leahy and Chuck Grassley complain about past unanswered requests for OLC memo. (Grassley prepared an amendment as well, but withdrew it in favor of Cornyn’s.) Leahy (but not Grassley) votes to table John Cornyn amendment to require Administration to release the memo.

July 24, 2012: SSCI passes Intelligence Authorization that requires DOJ to make all post-9/11 OLC memos available to the Senate Intelligence Committee, albeit with two big loopholes.

December 4, 2012: Jerry Nadler, John Conyers, and Bobby Scott ask for finalized white paper, all opinions on broader drone program (or at least a briefing), including signature strikes, an update on the drone rule book, and public release of the white paper.

December 19, 2012: Ted Poe and Tredy Gowdy send Eric Holder a letter asking specific questions about targeted killing (not limited to the killing of an American), including “Where is the legal authority for the President (or US intelligence agencies acting under his direction) to target and kill a US citizen abroad?”

January 14, 2013: Wyden writes John Brennan letter in anticipation of his confirmation hearing, renewing his request for targeted killing memos. (11)

January 25, 2013: Rand Paul asks John Brennan if he’ll release past and future OLC memos on targeting Americans. (12)

February 4, 2013: 11 Senators ask for any and all memos authorizing the killing of American citizens, hinting at filibuster of national security nominees. (13)

February 6, 2013: John McCain asks Brennan a number of questions about targeted killing, including whether he would make sure the memos are provided to Congress. (14)

February 7, 2013Pat Leahy and Chuck Grassley ask that SJC be able to get the memos that SSCI had just gotten. (15)

February 7, 2013: In John Brennan’s confirmation hearing, Dianne Feinstein and Ron Wyden reveal there are still outstanding memos pertaining to killing Americans, and renew their demand for those memos. (16)

February 8, 2013: Poe and Gowdy follow up on their December 19 letter, adding several questions, particularly regarding what “informed, high level” officials make determinations on targeted killing criteria.

February 8, 2013: Bob Goodlatte, Trent Franks, and James Sensenbrenner join their Democratic colleagues to renew the December 4, 2012 request. (17)

February 12, 2013: Rand Paul sends second letter asking not just about white paper standards, but also about how National Security Act, Posse Commitatus, and Insurrection Acts would limit targeting Americans within the US.

February 13, 2013: In statement on targeted killings oversight, DiFi describes writing 3 previous letters to the Administration asking for targeted killing memos. (18, 19, 20)

February 20, 2013: Paul sends third letter, repeating his question about whether the President can have American killed inside the US.

February 27, 2013: At hearing on targeted killing of Americans, HJC Chair Bob Goodlatte — and several other members of the Committee — renews request for OLC memos. (21)

March 11, 2013: Barbara Lee and 7 other progressives ask Obama to release “in an unclassified form, the full legal basis of executive branch claims” about targeted killing, as well as the “architecture” of the drone program generally. (22)

All Members of Congress who have asked about Targeted Killing Memos and/or policies

  1. Ron Wyden
  2. Dianne Feinstein
  3. Saxby Chambliss
  4. Chuck Grassley
  5. Pat Leahy
  6. Tom Graves
  7. Jerry Nadler
  8. John Conyers
  9. Bobby Scott
  10. Ted Poe
  11. Trey Gowdy
  12. Rand Paul
  13. Mark Udall
  14. Dick Durbin
  15. Tom Udall
  16. Jeff Merkley
  17. Mike Lee
  18. Al Franken
  19. Mark Begich
  20. Susan Collins
  21. John McCain
  22. Bob Goodlatte
  23. Trent Franks
  24. James Sensenbrenner
  25. Barbara Lee
  26. Keith Ellison
  27. Raul Grijalva
  28. Donna Edwards
  29. Mike Honda
  30. Rush Holt
  31. James McGovern


What Is the Overlap between Signature Strikes and “Side Payment” Counter-Insurgency Drone Strikes?

ProPublica has a very worthwhile article drawing attention back to signature drone strikes.

My favorite part is their focus on John Brennan’s effort to dodge a question about signature strikes last year, which happened not long before anonymous sources working on Brennan’s behalf launched his Kill List Shiny Object campaign, which served to distract from the signature strikes he had just approved for use in Yemen.

Brennan was asked about signature strikes last April but sidestepped the question. He replied: “You make reference to signature strikes that are frequently reported in the press. I was speaking here specifically about targeted strikes against individuals who are involved.”

He continued that “everything we do, though, that is carried out against Al Qaeda is carried out consistent with the rule of law, the authorization on the use of military force, and domestic law… that’s the whole purpose of whatever action we use, the tool we use, it’s to prevent attack [sic] and to save lives.”

The article also catalogs how Brennan and the Administration have dodged questions from Jerry Nadler, John Conyers, and Bobby Scott, as well as from John McCain.

The administration has rebuffed repeated requests from Congress to provide answers – even in secret.

[snip]

Sen. John McCain, R-Ariz., recently sent his own letter to Brennan asking several pointed questions on signature strikes.

“How do ‘signature strikes’ square with your statement that targeted killing operations are only approved when a targeted individual poses a ‘significant threat to U.S. interests?’” McCain asked, quoting a speech Brennan gave on drone strikes last April.

“How can the Administration be certain it is not killing civilians in areas, like many parts of Yemen and Pakistan, where virtually all men, including civilians, carry weapons?” the letter continued.

A McCain spokesman said the senator had not received a response.

In any case, go read the article. But read it in conjunction with this remarkable Lawfare post on How to Make a Kill List, from Gregory McNeal, who once worked in counterterroism at State (though this work derives from a range of sources). McNeal has a follow-up on network analysis, which I’ll return to later.

McNeal’s post is notable because it is, as far as I know, one of the first times that someone has gone on the record admitting that our drone war is, in part, targeting people our allies pick, effectively us waging their counterinsurgency for them.

There are three basic categories of targets who might find their way onto a kill-list: (1) Targets who fall within the AUMF, and its associated forces interpretations [AUMF Targets], (2) targets who fall within the terms of a covert action finding [Covert Action Targets], and (3) targets provided by allies in a non-international armed conflict in which the U.S. is a participant. [Ally Targets or derisively “side payment targets.”] [my emphasis; all other brackets original]

“Side payment targets.” Wow. Evocative.

The reason I say this article should be read in conjunction with the ProPublica one is that the two places where we know the US is engaging in counterinsurgency targets, Pakistan and Yemen, are also the two places we know we’ve used signature strikes. Continue reading


John McCain, Space Monkeys and Model Planes

What is it about Iran that brings out the most inhumane and racist side of John McCain? As if his “Bomb, Bomb, Bomb, Bomb, Bomb Iran” in 2007 while he was running for president wasn’t sick enough, he has topped himself today. After Iranian President Mahmoud Ahmadinejad said today ”I am ready to be the first human to be sent to space by Iranian scientists”, McCain just couldn’t refrain from sending out this “joke” tweet:

That’s just so funny, at least to people who believe that Iranians are monkeys who now and then need to be bombed to put them back into their place.

And it’s not like there wasn’t sufficient material from which McCain could have made an appropriate joke. Iran suffered quite a bit of embarrassment over its space monkey launch last week when it was noticed that photos of two different monkeys had been used in Iranian news releases on the launch. This prompted some to speculate that the monkey had died during the flight and a stand-in was brought in for the after-mission photos. AP obtained an explanation from Iran (the different photos can be seen in this Telegraph article):

Mohammad Ebrahimi told the The Associated Press that the monkey who traveled in space was named “Pishgam,” the Farsi word for pioneer. Initially, the Iranian media said “Pishgam” was the rocket that took him on a 20-minute journey into space on Monday.

Ebrahimi said one set of pictures showed an archive photo of one of the alternate monkeys. He said three to five monkeys are simultaneously tested for such a flight and two or three are chosen for the launch. Finally, the one that is best suited for the mission and isn’t stressed is chosen for the voyage.

/snip/

“I say this with certainty that the monkey is in good health and the space flight didn’t have any physical effect on Pishgam,” Ebrahimi said. “Some of the photos released by one of news agencies were not related to the time of flight. They were archive photos of the monkeys being prepared for the launch.”

If McCain had wanted to make a joke about Ahmadinejad’s offer, it seems that he could have come out with a suggestion that Iran provide good before and after pictures to make sure the proper person gets on the rocket.

In somewhat related Iranian technology news, Iran also has announced development of a new fighter jet, the Qaher-313. From PressTV:

Iran has unveiled a new indigenous fighter jet, which is said to be similar to a US-made warplane.

Qaher-313 (Conqueror-313) advanced military aircraft was put on display during a ceremony on Saturday in the presence of Commander of Iran’s Army Major General Ataollah Salehi, Defense Minister Brigadier General Ahmad Vahidi and Commander of the Islamic Republic of Iran Air Force (IRIAF) Brigadier General Hassan Shah-Safi on the occasion of the Ten-Day Dawn celebrations commemorating the victory of 1979 Islamic Revolution.

This news report has a short snippet of video (at about 20 seconds into the video) purported to be the Qaher-313 in flight:

However, there appear to be folks in defense aviation who have their doubts about the jet and the video:

Iran has unveiled what it says is a new stealth fighter called the Qaher-313. Perhaps, this is just me as a product of the 1980s, but this aircraft looks a lot like an old GI Joe toy.

The Iranians would have you believe this is some sort of highly advanced stealth strike aircraft that they’ve already designed, built and flown. But this, frankly speaking, looks unimpressive–and if I had to put money down on it, I say it’s a mock-up. I suppose it could be some sort of test bed, but I’m highly skeptical.

/snip/

The cockpit, if you take a closer look, doesn’t really look like it’s finished. If anything, from inside the cockpit, this jet’s instrument panel looks like it was lifted from a newish-model general aviation aircraft. There appears to be no provisions for a head-up display–which is typically found in most modern fighter aircraft except the Lockheed Martin F-35, which has a helmet-mounted display. The canopy seems to be made of poor quality Plexiglas with some really bad optical qualities. Check out the distortion looking through the transparency below.

I wouldn’t look for the Qaher-313 to be affecting the balance of air power in the Persian Gulf region any time soon. Especially since it might not even be able to fly.

 


Hagel Hearing: Twilight of the Neocons Makes Senate Armed Services Committee Dysfunctional

The disgusting bullying of former Senator Chuck Hagel (R-NE) during his hearing yesterday on his nomination to be Secretary of Defense is demonstrated clearly in the short clip above where Senator Lindsey Graham (R-Closet) asks Hagel to “Name one person, in your opinion, who’s been intimidated by the Israeli lobby.” Hagel said he couldn’t name one. A quick look at this word cloud from the hearing, though, or at this tweet from the Washington Post’s Rajiv Chandrasekaran: “At Hagel hearing, 136 mentions of Israel and 135 of Iran. Only 27 refs to Afghanistan. 2 for Al Qaida. 1 for Mali.” shows that Hagel should be at the top of the list of those intimidated by the Israeli lobby, which yesterday was embodied by the SASC.

Hagel did himself no favors when he stumbled badly on one of the few substantive and relevant topics brought up. On Iran’s nuclear program, even after being handed a note, he bungled the Obama administration’s position of prevention, stating first that the US favors containment. [His bungled statement of the Obama administration's position should be considered separately from the logic of that position, where containment of an Iran with nuclear weapon capability is seen by some as a stabilizing factor against Israel's nuclear capabilities, while prevention could well require a highly destabilizing war.]

Overall, however, the combative nature of Republican questioning of Hagel was just as hostile as the questioning last week of former Secretary of State Hillary Clinton over the Benghazi incident. Why would Republicans turn on one of their own with a vengeance equal to that shown to their long-term nemesis? Writing at Huffington Post, Jon Soltz provides an explanation with which I agree when he frames yesterday’s hearing as a referendum on neocon policy (emphasis in original):

“Tell me I was right on Iraq!”

Essentially, that’s what Sen. McCain said during most of his time in today’s confirmation hearing for Chuck Hagel. And that sums up why the die had been cast on the Hagel nomination, before we even got to these hearings today, which I am currently at. This vote, I believed (and now believe more than ever) is a referendum on neocon policy, not on Chuck Hagel.

Much of McCain’s bullying of Hagel was centered on McCain trying to get Hagel to admit that he had been wrong to oppose the Iraq surge. This clinging to the absurd notion that the Iraq surge was a success sums up the bitter attitude of the neocons as the world slowly tries to emerge from the global damage they have caused. And that this view that the surge was a success still gets an open and unopposed position at the Senate Armed Services Committee highlights the dangerous dysfunction of one of the most influential groups in Washington.

A functional SASC would have spent much time in discussion with Lt. Col. Daniel Davis, who provided a meticulous debunking of the myth that the Iraq surge was a success. His report, however, has been quietly ignored and allowed to fade from public view. Instead, this committee has essentially abandoned its oversight responsibilities in favor of pro-war jingoism. That Hagel refuses to engage in their jingoism is at the heart of neocon hatred of him.

Hagel would have done himself and the world a favor by turning the tables on the Committee during the hearing. A report (pdf) released Wednesday by the Special Inspector General for Afghanistan Reconstruction highlights a massive oversight failure by the Senate Armed Services Committee that lies at the juxtaposition of US defense policy in both Iran and Afghanistan. Despite long-standing sanctions against US purchases of Iranian goods, the Committee has allowed the Department of Defense to purchase fuel for use in Afghanistan that could well have come from Iran. Here is the conclusion of the report (emphasis added):

DOD’s lack of visibility—until recently—over the source of fuel purchased for the ANSF raises some concerns. DOD lacked certification procedures prior to November 2012 and had limited visibility over the import and delivery sub-contracts used by fuel vendors. As a result, DOD is unable to determine if any of the $1.1 billion in fuel purchased for the ANA between fiscal year 2007 and 2012 came from Iran, in violation of U.S. economic sanctions. Controls—recently added by CJTSCC to the BPAs for ANSF fuel—requiring vendor certification of fuel sources should improve visibility over fuel sources. To enhance that visibility, it is important that adequate measures are in place to test the validity of the certifications and ensure that subcontractors are abiding by the prohibitions regarding Iranian fuel. Recently reported steps to correct weaknesses in the fuel acquisition process may not help U.S. officials’ in verifying the sources of fuel purchased with U.S. funds for the ANSF. Given the Afghan government’s continued challenges in overseeing and expending direct assistance funds, it will become more difficult for DOD to account for the use of U.S. funds as it begins to transfer funds—in March 2013—directly to the Afghan government for the procurement and delivery of ANSF fuel. In light of capacity and import limitations of the Afghan government, the U.S. government may need to take steps to place safeguards on its direct assistance funding—over $1 billion alone for ANSF fuel from 2013-2018—to ensure that the Afghan government does not use the funds in violation of U.S. economic sanctions.

Imagine the sputtering that would have ensued if Hagel had managed to ask Graham or McCain why the committee had failed to enforce the sanctions against purchasing Iranian fuel by the Defense Department. While he was busy singing “Bomb, bomb, bomb, bomb, bomb Iran” on the campaign trail in 2008, McCain was failing in his responsibility to see that Iranian fuel wasn’t purchased by the Defense Department.


Blabby Brennan to Replace Publicity Petraeus at CIA?

“He is a horrendously political animal, and there will be a tendency to politicize information to put the best spin for the administration on it.”

–An anonymous CIA officer, speaking of John Brennan, with whom he worked at CIA during the Bush Administration

As predicted, John Brennan’s past support for torture has generated only limited concern from John McCain and Dianne Feinstein, but no real threat that it will hold up his confirmation. No one, as far as I know, seems to care that Brennan was involved in Dick Cheney’s illegal wiretap program, nor that he decided to give NCTC access to the federal data of completely innocent Americans, nor his “intimate familiarity” with the genesis of NYPD’s abusive domestic spying program. And while there has been much discussion of his role in drone strikes–much of it credulously insisting Brennan wants to put order to drone strikes with an effort stalled after Mitt lost–even drone skeptics like Ron Wyden have not yet raised it as a confirmation issue.

John Cornyn’s warning that Brennan won’t be approved until the leak investigations finish is much more interesting, however.

“John Brennan has not been absolved of responsibility for the slew of high-level security leaks that have characterized this White House,” Sen. John Cornyn (R-Texas) told POLITICO in a statement Monday. “This investigation needs to be resolved before his nomination can move forward.”

An aide to Sen. John McCain (R-Ariz.), speaking on condition of anonymity, said: “The questions about national security leaks by this administration have not yet been answered, and that will obviously be an issue as the Senate considers his nomination.”

Sure, to some degree Cornyn’s professed concern just reflects Cornyn being not only a partisan asshole, but a hypocrite about leaks.

But there seems good reason to inquire into what John Brennan’s sieve-like qualities will have on national security.

Consider his role in the exposure of the sources and methods used to set up a sting entrapping AQAP in an UndieBomb plot and with it sustaining the claim that AQAP wants to–and has the ability to–strike in the US. After the AP revealed there had been a plot (having held off at the request of the Administration), Brennan called his predecessors to spin the plot and in doing so made it clear that it was a sting, thereby exposing the British passport holder who set up the sting as an infiltrator.

At about 5:45 p.m. EDT on Monday, May 7, just before the evening newscasts, John Brennan, President Barack Obama’s top White House adviser on counter-terrorism, held a small, private teleconference to brief former counter-terrorism advisers who have become frequent commentators on TV news shows.

According to five people familiar with the call, Brennan stressed that the plot was never a threat to the U.S. public or air safety because Washington had “inside control” over it.

Brennan’s comment appears unintentionally to have helped lead to disclosure of the secret at the heart of a joint U.S.-British-Saudi undercover counter-terrorism operation.

A few minutes after Brennan’s teleconference, on ABC’s World News Tonight, Richard Clarke, former chief of counter-terrorism in the ClintonWhite House and a participant on the Brennan call, said the underwear bomb plot “never came close because they had insider information, insider control.”

A few hours later, Clarke, who is a regular consultant to the network, concluded on ABC’s Nightline that there was a Western spy or double-agent in on the plot: “The U.S. government is saying it never came close because they had insider information, insider control, which implies that they had somebody on the inside who wasn’t going to let it happen.”

The White House made it clear they would have revealed the plot anyway. Indeed, they did so in an analogous situation two years earlier. And our Saudi and Yemeni partners tend to boast about such things anyway. Much of the outrage over this so-called leak served only to beat up on the AP that had exposed the aforementioned abusive NYPD program.

Nevertheless, revelations about how Brennan briefs his predecessors who then run to their respective networks to officially leak this information show that he is an enthusiastic participant in the asymmetric spread of information in DC.

But hey. We knew that.

Nevertheless, the asymmetry is key. As I’ve noted, Brennan has an interesting closeness to half of the Administration’s whistleblower prosecutions. Yet one of those prosecuted whistleblowers–John Kiriakou, whose book someone who looks exactly like Brennan helped to get publishedsuggested today that Brennan is “the most prolific leaker in this administration.” A former senior Administration official seems to agree.

“It’s not on people’s radar, but this could be an issue,” said the former administration official, who asked not to be named discussing a potential downside of Brennan’s nomination. “He’s a guy who comes across as a strong, silent type who never speaks, [but] he actually does a lot of talking both internally with the president and externally with select, influential reporters. … I’m not saying the guy seeks it, but [other White House officials] view him as the most credible internal mouthpiece on national security matters.”

Which brings me back to this point. It’s not just that Brennan exposes sources and methods while seemingly supporting the unprecedented prosecution of whistleblowers who do the same. But it’s also that he does so for political gain. This is not–contra Brennan’s many boosters–transparency. It’s about enforcing an official version of events that often contradicts markedly from the truth.

Mind you, it is not at all unprecedented to have a skilled leaker madly spinning Administration policies rather than leveling with the American people at CIA. That doesn’t make it good for national security, but it happens a lot.

All that said, one of yesterday’s jokes is that Brennan–a man with ties to torture and illegal wiretapping–is replacing a guy purportedly ousted for a consensual affair. There are reasons why such affairs on the part of the Director of CIA raise more concerns in the nuclear era than they might have in the past. And that nuclear tie may be the related complications cited to explain why Petraeus had to resign.

Or maybe not. In Rajiv Chandrasekaran’s recent report on Petraeus’ habit of giving the pundits who advanced his career Top Secret clearance and access to materials that might be used to oppose Administration policies, he suggested this practice was receiving new scrutiny at DOD, the kind of scrutiny that might necessitate retirement.

John Cornyn is largely being an asshole in raising Brennan’s blabby mouth in respect to his nomination. But in doing so, he may just expose the deep hypocrisy underlying this Administration’s asymmetric leaks. That may be the price Cornyn demands to rubberstamp Brennan’s CIA appointment.


John McCain: Declassify the Torture Report

John McCain just released a very strong statement on the torture report–which is below. Of particular note, he called to declassify the report.

Will McCain’s call to declassify it provide the moral weight–and political cover, for the Administration–to do so?

I commend the members and staff of the Committee who have worked tirelessly over many years to produce the comprehensive study that you meet to discuss today. At a moment when our country is once again debating the efficacy and morality of so-called “enhanced interrogation” practices, this report has the potential to set the record straight once and for all. What I have learned confirms for me what I have always believed and insisted to be true – that the cruel, inhuman, and degrading treatment of prisoners is not only wrong in principle and a stain on our country’s conscience, but also an ineffective and unreliable means of gathering intelligence.

It is my sincerest hope that we Americans, for all of our many disagreements, can nonetheless manage to agree that torture of the kind described in this report is unworthy of our national honor and should no longer be a matter for discussion. It is my hope that we can reach a consensus in this country that we will never again engage in these horrific abuses, and that the mere suggestion of doing so should be ruled out of our political discourse, regardless of which party holds power. It is therefore my hope that this Committee will take whatever steps necessary to finalize and declassify this report, so that all Americans can see the record for themselves, which I believe will finally close this painful chapter for our country.

Our enemies may act without conscience, but we do not. It is indispensable to our success in this war that those we ask to fight it know that, in the discharge of their dangerous responsibilities to our country, they are never expected to forget that they are Americans, and the valiant defenders of a sacred idea of how nations should be governed and conduct their relations with others – even our enemies.

Those of us who have given our protectors this onerous duty are obliged by our history, and the many terrible sacrifices made on our nation’s behalf, to make clear that we need not risk our country’s honor to prevail – that through the violence and chaos and heartache of war, through deprivation and cruelty and loss, we are always Americans, and different, stronger and better than those who would destroy us.

Update: DiFi has released a statement, along with announcing a 9-6 vote (meaning one Republican–though it could be McCain by proxy–voted for it). She says she’s not going to release it until the Executive Branch gets to review it.

Following the committee’s vote today, I will provide the report to President Obama and key executive branch officials for their review and comment. The report will remain classified and is not being released in whole or in part at this time. The committee will make those decisions after receiving the executive branch comments.

She says this in a statement that suggests this report should settle the debate about torture.

I also believe this report will settle the debate once and for all over whether our nation should ever employ coercive interrogation techniques such as those detailed in this report.


As Failure Language Creeps into Afghanistan Discussion, McCain, Young Call for Accelerated Withdrawal

Now that most joint operations involving US and Afghan forces have been put on hold, there are major developments in both media discussions of the war and in opinions among prominent Republicans in Washington on how the US should move forward from this point. The change in media language is that there are more overt references to the war being a failure. Perhaps reflecting a realization of this point, both Bill Young (R-FL), who chairs the House Appropriations Defense subcommittee, and Senator John McCain (R-AZ) have called for an accelerated exit from Afghanistan.

In The Guardian, we hear once again from Lt. Col. Daniel Davis, whose earlier report on the failures of the Afghanistan war strategy was largely ignored. Davis’ message has not changed, but with the rapid rise of green on blue deaths and the suspension of most joint US-Afghan operations put into place so fast that NATO allies were caught off guard, Davis’ message now seems more likely to be understood (emphasis added):

Lieutenant colonel Daniel Davis – who caused a political stir in Washington in February by accusing the Pentagon of “lying” about the situation in Afghanistan because his experience during a year-long deployment “bore no resemblance to rosy official statements by US military leaders about conditions on the ground” – said that calling off of joint operations will be damaging because it will reinforce a perception among Afghans that the US is rushing to leave.

Davis said “insider attacks” have eroded trust among Nato troops of their Afghan colleagues. But, he added, confidence between the two militaries has been on the wane for some time because of overly optimistic claims by the US about the state of the war with the Taliban and Barack Obama’s setting of a 2014 date for an end to American combat operations.

“In my personal opinion, we (Isaf) have been responsible for a portion of the destruction of trust between the Afghan forces and Isaf troopers because so often our leaders say things like “everything’s on track”, “we’re on the right azimuth.”

“But when those messages are heard by the Afghan government, the Afghan security forces, and even the Taliban, they see with their own eyes that nothing could be further from the truth. When they hear us saying these things and actually appear to believe them, they either don’t trust us or they don’t put any value in our ability to assess,” Davis said.

When you’re using the language of success to describe abject failure, you have no credibility in the eyes of those on the ground who know the truth.

But it’s not just Davis who is spreading the message of failure. Consider this from Time, where Ben Anderson discusses his new book “No Worse Enemy: The Inside Story of the Chaotic Struggle for Afghanistan” (emphasis added again):

What is the book’s bottom line?

Despite the incredible hard work, bravery and suffering of our troops, despite the massive Afghan civilian casualties, despite the hundreds of billions spent, we have not achieved our goals in Afghanistan.

Essentially, we’re supposed to be clearing an area of insurgents and then persuading locals to chose us and our Afghan allies over the Taliban. Most areas where we are based have not been cleared of the Taliban and even if they had been, we’re fighting to introduce a largely unwelcome government.

The Afghan army cannot provide security on its own, the Afghan government is spectacularly corrupt and the police are feared and hated, for good reason.

So even if the military part of the strategy goes perfectly to plan (and it never does) the locals don’t want what we are offering.

It’s a hard pill to swallow, but I’ve been told countless times that locals prefer the Taliban to foreign forces and the Afghan government, particularly the police. I should point out that I’ve spent most of time in Afghanistan in Helmand and Kandahar, where the war has always been fiercest.

Writing at Foreign Policy, analyst Arif Rafiq adds to the language of failure (emphasis added): Continue reading