If the United States was looking for the surest way to lose Iraq War 3.0, it might start by retraining the failed Iraqi Army to send — alongside ruthless Shi’ite militias — into Sunni-majority territory and hope that the Sunnis will welcome them with open arms, throwing out the evil Islamic State.
Maybe it’s time for a better plan. The way to find one is by understanding how we lost Iraq War 2.0. We need a plan to create a stable, tri-state solution to the Sunni-Shi’ite-Kurd divide, or the current war will fail as surely as the previous one.
A critical first step is, of course, to remove Islamic State from the equation, but not how the Obama administration envisions. The way to drive Islamic State out of Iraq is to remove the reason Islamic State has been able to remain in Iraq: as a protector of the Sunnis. In Iraq War 2.0, the Iraqi Sunnis never melded politically with al Qaeda; they allied out of expediency, against the Shi’ite militias and the Shi’ite central government. The same situation applies to Islamic State, the new al Qaeda in Iraq.
The United States is acting nearly 180 degrees counter to this strategy, enabling Shi’ite militia and Iranian forces’ entry into Anbar and other Sunni-majority areas to fight Islamic State. The more Shi’ite influence, the more Sunnis feel they need Islamic State muscle. More Iranian fighters also solidify Iran’s grip on the Shi’ite government in Baghdad, and weakens America’s. The presence of additional Sunni players, like the Gulf States, will simply grow the violence indecisively, with the various local factions manipulated as armed proxies.
Iraq in 2007 was, on the surface, a struggle between insurgents and the United States. However, the real fight was happening in parallel, as the minority Sunnis sought a place in the new Shi’ite-dominated Iraq. The solution was supposedly the Anbar Awakening. Indigenous Iraqi Sunnis would be pried lose from al Qaeda under American protection (that word again), along with the brokered promise that the Shi’ites would grant them a substantive role in governance. The Shi’ites balked almost from day one, and the deal fell apart even before America’s 2011 withdrawal — I was in Iraq with the Department of State and saw it myself. The myth that “we won” only to have the victory thrown away by the Iraqis — a favorite among 2.0 apologists — is very dangerous. It suggests repeating the strategy will result in something other than repeating the results.
The Sunnis are Who fans; they won’t be fooled again.
Progress otherwise in Iraq? The new prime minister has accomplished little toward unity, selecting a Badr militia politician to head the Interior Ministry, for example. The Badr group has been a key player in sectarian violence.
Islamic State still controls 80 percent of Anbar Province, the key city of Mosul and is attacking in Ramadi. U.S. air strikes cannot seize ground. The Iraqi Army will never rise to the fullness of the challenge. One can only imagine the thoughts of the American trainers, retraining some of the same Iraqi troops from War 2.0.
Military vehicles of the Kurdish security forces are seen during an intensive security deployment in Diyala province north of Baghdad. Elsewhere, the Kurds are already a de facto separate state. Their ownership of Arbil, the new agreement to allow the overt export of some of their own oil, and the spread of the peshmerga to link up with Kurdish forces in Syria, are genies that won’t go back into the bottle. America need only restrain Kurdish ambitions to ensure stability.
Present Iraq strategy delays, at great cost — in every definition of that word — the necessary long-term tri-state solution. It is time to hasten it. The United States must use its influence with the Shi’ites to have their forces, along with the Iranians, withdraw to Baghdad. America would create a buffer zone, encompassing the strategically critical international airport as a “peacekeeping base.” Using air power, America would seal the Iraq-Syria border in western Anbar, at least against any medium-to-large scale Islamic State resupply effort. Arm the Sunni tribes if they will push Islamic State out of their towns. Support goes to those tribes who hold territory, a measurable, ground-truth based policy, not an ideological one. Implementing the plan in northwest Iraq can also succeed, but will be complicated by Kurd ambitions, greater ethnic diversity among the Iraqis and a stronger Islamic State tactical hold on cities like Mosul.
There’ll be another tough challenge, the sharing of oil revenues between the new Sunni and Shi’ite states, so this plan is by no means a slam-dunk.
The broad outline is not new; in 2006 then-Senator Joe Biden proposed a federal partition of Iraq along the Bosnian model. Bush-era zeal kept the idea from getting a full review. But much has transpired since 2006.
If the tri-state plan works, it will deny Islamic State sanctuary where it is now most powerful, and a strategy for northwest Iraq may emerge. America will realize its long-sought enduring bases in Iraq as a check on Iranian ambitions and an assurance of security for the embassy. The president can decouple Syrian policy from Iraq. An indefinite American presence in Iraq will not be fully welcomed, though one hastens to add it basically is evolving anyway.
I Hate Myself
For advocates of disengagement like myself, this is bitter medicine. But we are where we are in Iraq, and wishful thinking, on my part or the White House’s, is no longer practical. A divided Iraq, maintained by an American presence, is the only hope for long-term stability. Otherwise, stay tuned for Iraq War 4.0.
Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!
A new poll finds majority of Americans — 59 percent — believe torture was justified after the 9/11 attacks.
Look around you at the company you keep. The people who support torture, six out of ten, are your neighbors, your co-workers, the people on the bus with you. If you live in Washington DC, they are your children’s friends parents, the people at Safeway, the folks you go to church with.
Now, let’s have a look at the company the United States keeps.
Tortures Human Beings
United States – YES
ISIS – YES
North Korea – YES
China – YES
Russia – YES
Nazi Germany – YES
Apartheid-Era South Africa – YES
Uses Medical Personnel to Enhance Torture
United States – YES
ISIS – NO
North Korea – Unknown
China – Unknown
Russia – YES
Nazi Germany – YES
Apartheid-Era South Africa – YES
Maintains Third Country Detention Facilities
United States – YES (including Poland)
ISIS – NO
North Korea – NO
China – NO
Russia – NO (once including Poland)
Nazi Germany – NO (once including Poland)
Apartheid-Era South Africa – NO
Kidnaps/Renders People from Other Countries to Torture
United States – YES
ISIS – YES
North Korea – YES
China – Unknown
Russia – Unknown
Nazi Germany – YES
Apartheid-Era South Africa – NO
Sends Prisoners to Other Governments for Torture
United States – YES (including Libya, Egypt and Syria)
ISIS – NO
North Korea – NO
China – NO
Russia – NO
Nazi Germany – NO
Apartheid-Era South Africa – NO
Holds Prisoners Indefinitely without Trial
United States – YES
ISIS – Sort Of
North Korea – YES
China – YES
Russia – YES
Nazi Germany – YES
Apartheid-Era South Africa – NO
Kills Prisoners Under Torture
United States – YES
ISIS – YES
North Korea – YES
China – YES
Russia – YES
Nazi Germany – YES
Apartheid-Era South Africa – YES
Holds Innocents for Torture
United States – YES
ISIS – YES
North Korea – YES
China – YES
Russia – YES
Nazi Germany – YES
Apartheid-Era South Africa – YES
United States – YES
ISIS – YES
North Korea – YES
China – YES
Russia – YES
Nazi Germany – YES
Apartheid-Era South Africa – YES
Had Some Sort of Reconciliation Once Torture Exposed
United States – NO
ISIS – NO
North Korea – NO
China – NO
Russia – Sort Of (Post-Stalin)
Nazi Germany (Post-War)- YES
(Post) Apartheid-Era South Africa – YES
Claims to be a Christian Nation
United States – YES
ISIS – Hells NO
North Korea – NO
China – NO
Russia – NO
Nazi Germany – NO
Apartheid-Era South Africa – YES, mostly.
BONUS: Has its State Department write sanctimonious yearly human rights reports about other countries: USA! USA! USA!
Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!
As part of the 2014 Louisville Idea Festival, I spoke with Bill Goodman of KET, Kentucky Educational Television, the PBS station in Louisville about both of my books, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People and Ghosts of Tom Joad: A Story of the #99 Percent.
Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!
Many have compared those “moderate Syrian rebels” the U.S. keeps looking for to unicorns. The U.S. now thinks it has a new set of tools to scare the unicorns out of hiding, and to tell the nasty terrorists from the good terrorists: psychological evaluations, biometric checks and stress tests. It is unlikely this will help.
Call of Duty: Problems One-Four
According to the Washington Post, “moderate” Syrian fighters will be evaluated on an ongoing basis. Successful participants “would gradually attain access to higher levels of training and weaponry.” So basically this is going to work something like Call of Duty leveling-up. Problem One.
The Post goes on to say that the American government hopes “to lessen the risk that U.S.-trained fighters sent back into Syria to combat ISIS will use their weapons on civilians or — like the Afghan mujahideen fighters Washington backed in the 1980s — later turn against the United States and its allies.” This is of course a good goal, considering those U.S.-backed 80s-era mujahideen fighters went on to become al Qaeda, the Taliban and ISIS. Problem Two.
The psych screening and stress testing will not stand alone. Biometric data will be gathered from the recruits, and along with their names, run through all sorts of databases. Needless to say, a person must exist in one of those databases for the checking to do any good. And in a region of the world where last names and birthdays are not always recorded, there may be some problems with that. There are a lot of “Muhummed, FNU, 01/01/01″ entries in the databases that match everyone and no one (FNU = First Name Unknown). Problem Three.
“In the special operations community, we have a pretty long history of vetting and screening surrogate forces that we’ve worked with,” said an official at CENTCOM who apparently is unfamiliar with the success of the 1980s mujahideen fighters experiment, America’s near-endless work with human rights violating Central and South American thug armies (see School of the Americas) and so forth. That official appears also unaware of the number of Americans killed in Afghanistan in the present war by their Afghan partners, so called “Green-on-Blue” attacks. Problem Four.
Problem Five: No Leahy Vetting
For all the Hail-Mary style “vetting” that will sort-of take place, one thing which will not happen is Leahy Vetting.
Leahy Vetting is a process, albeit flawed as it is run by a small office located deep inside the State Department, put in place during the 1990s precisely to stop the U.S. from funding and partnering with human rights violators who might fulfill America’s short term goals but ultimately alienate the very populations the U.S. seeks to win over.
But because the Syrian rebels will not be part of a state-sponsored force, the Leahy Vetting laws will not apply, according to an interpretation announced by the Obama Administration (existing Department of Defense regulations classify “paramilitary forces” as included, so we’ll call that Problem 5.5). That means even the very light touch of Leahy won’t be applied to America’s new partners in the fight against ISIS. Persons who at this point may be concerned that the U.S. will be backing one group of human rights-violating Islamic fundamentalists against another group of human rights-violating Islamic fundamentalists are excused from the final exam. You already got it.
I sometimes label things I write as “satire,” as without the label I often received both well-meaning and incredibly obscene comments and emails challenging the stories. After learning of these nearly-pointless psych evaluation vetting procedures (“Now look at this ink blot. Does it look like a splatter of ISIS brain matter on the end of your rifle butt, or moderate brain matter?”), I feel it may be clearer to label posts such as this one “Not Satire” and leave the purposefully satirical ones alone.
A few days ago I ran an update on how the State Department is trying to block a lawsuit and investigation into allegations that its former Consul General, pictured, in Naples, Italy had a sexual relationship with a subordinate at work on taxpayer time, in his office, submitted false expense claims, served out-of-date food to official guests and saw long-time employees fired in what some claim are retaliatory acts.
The Smaller Point
While traffic to my blog from the U.S. was the usual, over 1/3 of all accesses last week came out of Italy. So while we may not care what “our” representatives might be doing abroad, foreigners sure do.
Oh, and yeah, the point of having that Consulate in Naples has something to do with maintaining a positive relationship with the Italians. How’s that working out over this you suppose?
The Bigger Point
The pattern shown by this relatively minor alleged incident is repeated over bigger issues such as drone killings, torture and rendition, NSA global spying and the like.
Americans have grown, at the risk of a pun, stunted over the near-endless thudding of alleged heinous acts by their own government in general, and against far-away countries in the specific. We assume our tiny, tiny attentions spans (Black Ferguson? No, Black Friday!) are shared throughout the world. We assume the legal hijinks used to stymie investigations that are now commonplace in the Homeland are equally seen as business as usual in other countries.
We casually reach the ethnocentric conclusion that what matters little to us matters little to people in other nations, and then are repeatedly surprised when it doesn’t turn out that way. Explains a lot, really.
Following allegations that then-Consul General Donald Moore (pictured) had a sexual relationship with a subordinate at the U.S. Consulate in Naples, Italy on taxpayer time, in his office, submitted false expense claims, served out-of-date food to official guests and saw long-time employees fired in what some claim are retaliatory acts when they tried to expose his shenanigans, the State Department followed its standard procedure of promising to investigate, not investigating, firing or transferring all involved and then hoping it would all go away.
The New York Post dubbed the whole thing as the “Neapolitan Nookie Campaign.” Il Mattino (a Naples newspaper) has a headline “Bunga-Bunga Consulato Americano.” Bunga-Bunga is apparently an Italian term for the horizontal mambo. One Italian paper, Corriere Del Mezzogiorno, ran with the headline “Sexygate al Consolato USA.” The influential Times of London headlined “Prostitution ‘rampant’ at US Consulate in Naples.” The FBI even appears to have been involved.
The campaign moves to its next step, but one that might see State Department bureaucracy triumph over all else.
One of Donald Moore’s employees filed a lawsuit against Secretary of State John Kerry (Case 2:14-cv-00194-ADS-AKT). The plaintiff, Kerry Howard, tried to get someone at the U.S. Consulate in Naples to care about what was going on around her, or at the State Department in Washington. She got fired. Her lawsuit alleges that her alleged civil rights were violated by Moore’s alleged sexual harassment, his alleged bullying of staff and overall alleged slime-coated daily antics. Allegedly.
Attorney Lawrence Kelly, who represents Ms. Howard in her lawsuit against the Department of State, sends this update:
The Assistant United States Attorney (AUSA) at the Department of Justice (DOJ) in Washington, DC made a motion to dismiss “for failure timely to contact an EEO Counselor.” As opposed to New York (300 days) or civilian EEOC [Equal Employment Opportunity Complaint] (180 days), the State Department claims a 45 day notice period in order to “investigate” effectively.
I sent copies of emails to the AUSA indicating a six month effort by Kerry Howard to have an EEO counselor designated. These emails covered the period of time the AUSA and State were describing as the time lapse which barred her claim.
I received an email response from the AUSA and a “cc” to his State Department point of contact indicating he did not know about this email stream, but “we” (State and the Department of Justice) feel we are still correct.
I sent a supplemental note to the AUSA indicating he is the attorney on the file, it is his motion to dismiss, and his application arguing the lack of EEO contact is now, officially, frivolous, and should be withdrawn.
Attorney Kelly goes on to say:
Every employee at the Department of State should be aware that they should file their EEO complaint within 45 days of an incident separate and apart from any grievance they file. No if, ands or buts. The Department of Justice argues in their brief in the Howard case that the Department of State Foreign Affairs Manual demand that employees discuss the matter before filing a formal complaint is irrelevant to the 45 day filing requirement. State employees should know that at the end of day, no one at State is there for them. “Defendant’s grievance procedures are separate and distinct from the EEO process, as stated in Defendant’s Foreign Affairs Manual (“FAM”)… Compare 3 FAM 4400… with 3 FAM 1500″ states the AUSA brief in Howard v Kerry.
I have uncovered Ms. Howard’s multiple attempts to have an EEO counselor appointed in a timely manner. All of these emails were suppressed by the Department of State throughout the process. Even now, when I have disclosed them to DOJ and to State, they have not discontinued the motion to dismiss based on the disinformation provided the federal court by DOJ and State.
The Department of Justice, supposedly representing the People and using taxpayer funds to do so, is seeking to use one of the State Department’s internal regulations, not a law or legal precedent, to block any further action on what appears to be serious allegations against an American diplomat and the Department of State itself. If DOJ is successful in getting the case dismissed, that will close off any further attempt to learn what really happened at the American Consulate in Naples.
Also under question is the State Department’s core interest. Aware of both Ms. Howard’s and others allegations against Donald Moore in Naples, it is unclear that State proactively advised her of the 45 day deadline, itself arbitrary and at variance with other organizations’ deadlines. If State did not advise Ms. Howard, and instead quietly allowed the deadline to pass, that may suggest its interest was never with its own employee, or with investigating fully what happened. Its interest was in covering things up.
Attorney Kelly opines: You understand the institutions are corrupt. But you start with hope for the individual.
While the American war(s) in Iraq and Syria are the Kardashian’s of geopolitics– can’t get them out of the news, don’t want to look but you do anyway– America’s longest war trudges on. We have been fighting in Afghanistan for over thirteen years now. The young soldiers currently deployed there were barely in elementary school when their dad’s and mom’s kicked off the fighting.
And we still haven’t won anything. The Taliban are still there and very potent and dangerous, a corrupt government still runs the country as a kleptocracy, “ally” Pakistan is still playing all sides against one another and the Afghan economy still relies heavily on opium production that finds its way back home here to America. Al Qaeda may have departed Afghanistan, but the franchise is still strong in its new home(s). Defeated? No, just relocated.
SIGAR and Reconstruction
A lot of the factors of mediocre results are America’s own doing, and many are chronicled by the Special Inspector General for Afghan Reconstruction (SIGAR).
“Reconstruction” is a strategy to win the war in Afghanistan that now has all the cache of last year’s high fashion outfits, though unlike those old clothes, reconstruction– and the insane cost of it– is still around. The once-fashionable idea of reconstruction was that military force alone could not win the fight against the Taliban. The U.S. needed to win over the people, that hearts and mind thing that also failed in Iraq and long ago in Vietnam.
The idea was that America would build the Afghans schools and bridges at the local level, and dams and hydroelectric power plants at the national level. They’d love us, abandon the Taliban, and replace their poppy-based economy with a modern, sustainable one. Pundits and academics may argue whether the theory of all that makes sense, but no one outside of Washington still believes it is working on the ground in Afghanistan.
Latest SIGAR Report
So along comes SIGAR with their latest report on how things are going in Afghanistan. Here’s what they have to say:
— SIGAR is “deeply troubled” by the U.S. decision to classify the summary of the report that assesses the capability of the Afghan National Security Forces. The summaries have before all been unclassified prior to this quarter. The classification of the report summary deprives the American people of an essential tool to measure the success or failure of the single most costly feature of the Afghanistan reconstruction effort.
— The U.S. Army’s refusal to suspend or debar supporters of the insurgency (the bad guys we are fighting) from receiving government contracts is not only legally wrong, but contrary to sound policy and national-security goals.
— Approximately $104.1 billion of your tax money has been appropriated for Afghanistan reconstruction so far, with about $14.5 billion still remaining to be spent. It will likely be spent.
— Afghanistan’s opium economy directly provides up to 411,000 full-time-equivalent jobs, more than the entire Afghan military.
— Irrigation projects paid for by the American taxpayer in Afghanistan may have facilitated increased opium-poppy cultivation after periods of significant reductions. Irrigation improvements funded by the American Good Performer’s Initiative were definitely used to cultivate opium poppy in both 2013 and 2014.
Previous SIGAR reports chronicle similar actions and results.
Other Examples of Waste
Not in the SIGAR report but worth mentioning are a few other prominent examples of American waste of our taxpayer dollars:
— A five-year-old State Department effort to upgrade Afghanistan’s largest prison has been halted with only half the contracted work performed. Some $18 million was wasted on a project that will never be finished and will never serve any need.
— For unclear reasons, the U.S. Air Force destroyed $468 million of aircraft purchased for the Afghan military by America’s taxpayers, and sold off the scrapped metal for all of $32,000.
— The U.S. spent $34 million on a “Regional Command and Control Facility” that will never be used. The Marines this week forever abandoned/withdrew from the base that houses that facility.
— The U.S. spent another $771.8 million on aircraft the Afghans cannot operate or maintain.
— Some 285 buildings, including barracks, medical clinics and even fire stations built by the Army are lined with substandard spray insulation so prone to ignition that they don’t meet international building codes.
— A USAID program designed to promote stability in Afghanistan spent its entire $47 million budget on conferences and none on grants to accomplish its aim.
The Biggest Waste of All
The list of financial failures could go on and on such that it might take you thirteen years to read through it all. But here is the biggest waste of resources of all: 2,350 Americans have lost their lives in the Afghan war, with untold tens of thousands wounded, disabled or wracked by the mental scars of war. What shall we tell them and their loved ones about why they suffered?
Iraq’s Sunnis won’t fight ISIS for the U.S. says NIQASH, a non-profit media organization operating out of Berlin. Without Sunni support, America’s war in Iraq cannot succeed. Here’s why.
According to NIQASH, a source at the U.S. embassy in Baghdad said there have been secret negotiations between various Sunni Muslim armed factions, via Arab and Iraqi Kurdish intermediaries, for the past three months. At the request of U.S. diplomats and military personnel, Shia officials from the Iraqi government have also been meeting with the leaders of these groups in Erbil, Kurdistan and Amman, Jordan.
At the same time General John Allen, the Obama’s appointed coordinator of U.S. efforts in Iraq, has been trying to contact the Sunni tribal leaders he worked with in Anbar during the previous war’s “Awakening.” “But it was surprising,” a NIQASH source reported, “Most of General Allen’s former allies refused to cooperate with us. And some of them are actually now living outside of Iraq because of the Iraqi government’s policies.”
Oops. With some irony, America’s failure to secure the 2006 Awakening caused those Sunnis sympathetic to America’s aims to flee Shia persecution. Those “good guys” are thus not available in 2014 to help out America in the current war.
ISIS and the Sunnis
When ISIS first took control of Sunni areas in western Iraq, anger towards the Shia government in Baghdad caused many to see them as liberators from the Iraqi army. The army, along with paramilitary police from the Interior Ministry, had engaged in a multi-year campaign of beating, imprisoning and arresting Sunnis, to the point where many felt that Baghdad was occupying, not governing, the Sunni majority areas. For the Sunnis and ISIS, the Baghdad government was a common enemy, and a marriage of convenience formed.
Recent events in Baghdad do little to assuage Sunni fears. A recent report suggests the new Iraqi Prime Minister may nominate a Shia Badr Militia leader as Interior Minister. Since the Shias took control of Iraq following the American invasion of 2003, the Interior Ministry, which controls the police and the prisons, has been a prime tool of repression and punishment.
Still, cracks in the ISIS-Sunni relationship have started to form. Many of the Sunni groups, especially those led by former Baathists, are largely secular in nature, seeing their Sunni ties more as broadly cultural than strictly religious. ISIS’ requests to pledge allegiance to its cause, coupled with demands to implement Sharia law, have created friction. Some internecine fighting has taken place. The U.S. has sought to exploit these issues to break the indigenous Sunnis away from ISIS, and ultimately to turn the Sunnis into American proxy boots on the ground as was done with the Kurds.
America’s problem is that most Sunnis are fearful about cooperating via America with the Shia government in Baghdad. They fear history will repeat itself and the Americans and the Shia government will betray them, exactly as they betrayed them only a few years ago when the Awakening movement collapsed. Quite a pickle.
The Sunnis seem to be choosing a middle ground, one which does not serve America’s interests.
According to a 1920s Revolution Brigades (Sunni militia) leader, various militias came to the decision “not to support the international coalition against ISIS. They also decided not to cooperate with ISIS either. If the [Iraqi] army or the [Shia] militias attack [Sunni] areas they control though, they will fight both groups.”
“We are against the acts of the hardline Islamic State. And we are also against bombed cars exploding randomly in Baghdad,” Abu Samir al-Jumaili, one of the Sunni Mujahideen Army’s leaders in the Anbar province, told NIQASH. “However we are also opposed to the government’s sectarian policies against Sunnis… In 2006 we cooperated with the government to expel al Qaeda from Sunni cities but the government did not keep its end of the bargain. They chased our leaders and arrested us… The ISIS group are terrorists but so are the Shia militias.”
History is a Witch
There is no way America can succeed in its goals in Iraq– repel ISIS and keep the country together– without the active participation of the Sunnis. It is very unlikely that that will happen. American strategy rests on the assumption that the Sunnis can be bribed and coerced into breaking with ISIS, no matter the shape of things in Baghdad. That’s hard to imagine. As with al Qaeda in Iraq during the American occupation years, the Islamic State is Sunni muscle against a Shia government that, left to its own devices, would continue to marginalize, if not simply slaughter, them. Starting in 2006, U.S. officials did indeed bribe and coerce some Sunni tribal leaders into accepting arms and payments in return for fighting insurgent outfits, including al-Qaeda. That deal, then called the Anbar Awakening, came with assurances that the United States would always stand by them.
America didn’t stand. Instead, it turned the program over to the Shia government and headed for the door marked exit. The Shias promptly reneged on the deal.
Once bitten, twice shy, so why, only a few years later, would the Sunnis go for what seems to be essentially the same bad deal? It appears they will not, and that by itself suggests the current Iraq war will end much the same as the previous one. It is foolish for America to expect otherwise.
— U.S. Embassy Baghdad (@USEmbBaghdad) October 18, 2014
A key part of America’s strategy in Iraq is the creation of an “inclusive” government in Baghdad, one that will pull together the Shias, Sunnis and Kurds. This has been a persistent American myth since the 2003 invasion, one that is impossible realize and thus a single point of failure for Obama’s war.
History of the Myth
First, in 2003, as symbol of the democracy the U.S. sought to create in Iraq, then again in 2006 (remember the purple finger photos?) that the war was not actually already lost, and then forever after as the solution to the internecine fighting that America’s Occupation unleashed, the myth has had a long run. As you can see from Embassy Baghdad’s Tweet above, America again imagines it has achieved its interim goal of a balanced government; peace and prosperity is just around the corner.
A big part of the problem is that the United States thinks creating an Iraqi government is like picking players for a sports team. If things don’t work out, try again in next season’s draft. That was the thought behind America’s 180 on former Prime Minister Maliki. In power since 2006 with strong U.S. support, Maliki stayed in office from January to August 2014, even as ISIS had its first successes in Iraq. But as Obama launched the newest Iraq war, Maliki was out and a new player moved up the roster.
But since Haider al-Abadi, the latest prime minister and thus the great inclusivist hope, is a Shia and a former colleague of the once-anointed, now disappointed former Prime Minister Nouri al-Maliki, as well as a member of the same political party, little changed at the top. So hopes for “inclusiveness” fell to the choices to lead the key ministries of defense and the interior. Both have been tools of repression against the country’s Sunnis for years.
And now we know the winners of that odd contest.
Anti-Inclusionary Choice for Interior Ministry
A Sunni was chosen to lead Defense, a ministry currently in charge of a decrepit Iraqi Army best known for running away at first contact, leaving behind American-supplied weapons for ISIS to repurpose. Not so much joy in that job for now.
More significant choice is Abadi’s new Interior Minister, Mohammed Ghabban, a little-known Shiite politician with the Badr Organization. You remember the Badr folks, or should, because every Sunni in Iraq does. During the American Occupation, the Badr militia ran the notorious Shiite death squads, after infiltrating the same Interior Ministry it basically now heads to ensure the government would not interfere in their grim work.
Human Rights Watch quoted a doctor in the Health Ministry: “Sunnis are a minority in Baghdad, but they’re the majority in our morgue.”
Back in 2009, a SECRET Wikileaked State Department cable had this to say about the Badr militia’s leader, and the man Ghabban still answers to, Hadi al-Amiri:
Amiri is widely known to have played a leading role in organizing attacks by the Badr Corps militia (the strongest, most disciplined Shia militia at the time and precursor to the current Badr Organization) against Sunnis during the sectarian violence of 2004-2006. Sources indicate that he may have personally ordered attacks on up to 2000 Sunnis. One of his preferred methods of killing allegedly involved using a power drill to pierce the skulls of his adversaries.
Amiri was also previously rejected by Sunnis as a negotiating partner. Again, from the State Department:
Given his role in sectarian violence and prominent position in the dominant Shia coalition, it is understandable that Sunni leaders were hesitant to view him as a viable negotiating partner when he proposed a compromise parliamentary seat distribution after the November 23 Shia-Kurd backed electoral amendment was adopted.
Anti-Inclusionary Rise of the Shia Militias
The elevation of a Badr organization leader to perhaps the most significant cabinet position vis-vis the Sunnis is in line with the broader increasing influence of the Shia militias.
As much out of necessity given the limp Iraqi Army as sectarian politics, the Baghdad government has increasingly called upon Shia militias to defend the city. While they currently seem to be holding off ISIS advances past the already-Sunni controlled territory west of Baghdad Airport, Shia militias have also abducted and killed scores of Sunni civilians in recent months and enjoy total impunity for these crimes, according to Amnesty International. These attacks, as an anti-inclusionary act as can be, are apparently in revenge for Sunni support of ISIS. Scores of unidentified bodies have been discovered across the country handcuffed and with gunshot wounds to the head, deliberate execution-style killings that send a message.
“By granting its blessing to militias who routinely commit such abhorrent abuses, the Iraqi government is sanctioning war crimes and fuelling a dangerous cycle of sectarian violence that is tearing the country apart,” concluded Amnesty.
Two more points about the Badr group: They were responsible for the deaths of many American military personnel during the Occupation and they remain closely allied with Iran. There is no good news with this one.
“To give the Interior Ministry to a direct Iranian proxy is huge,” said one researcher specializing in Shiite groups. “It shows who the Iraqis are throwing their lot in with.”
The inclusionary government America’s strategy for Iraq rests on is an illusion, a governmental fantasy in 2014 as it was 2003-2011. Everyone with eyes– except the U.S. government– can see where this one ends.
The person who shot up the Canadian Parliament had had his passport taken away by the Canadian government, ostensibly to prevent him from traveling to Syria to join ISIS
Can the U.S. government seize the passports of American citizens who it believes may travel abroad to join ISIS or other terror groups? Yep. The process is almost no-cost to the government, extra-judicial, can be made secret and requires a lengthy court process to even try to contest. No passport, no international travel, the ultimate no-fly tool against would-be jihadis. So why hasn’t this process been used more often?
Leaving aside the not-insubstantial questions about their validity, the warnings are ominous.
With some Americans seeking to join ISIS, there are fears that on their return they may commit terror in the U.S. Unlike foreign citizens, these radicalized Americans would sail through immigration checks and be able to easily disappear into a familiar society. The U.S. is seeking to tackle the problem at the supply end, preventing Americans from departing to join ISIS in the first place, as well as from the other side, blocking citizens from returning freely to the United States.
The arrest at O’Hare airport of Mohamed Khan, a 19-year-old U.S. citizen, is one example. Authorities claim the young man headed to the Middle East to join ISIS, and, citing a left-behind note explaining his choice, waited at the airport to arrest Khan on charges of attempting to provide material support for a terrorist organization. The operation involved significant law enforcement resources to stop one teenager based largely on suspicion.
Another Tool in the Box
The United States can simply seize passports from American citizens if “The Secretary of State determines that the applicant’s activities abroad are causing or are likely to cause serious damage to the national security or the foreign policy of the United States.”
The law allows this prospectively, the “or are likely to cause” part of the law, meaning the person needn’t have done anything. The government just needs to think they might.
A Judicial Watch Freedom of Information Act request revealed that prior to Obama ordering him and his 16-year-old son to be killed by a drone in 2011, then-Secretary of State Hillary Clinton secretly revoked the passport of Anwar al-Awlaki, alleged al Qaeda propagandist and U.S. citizen. The two would not have been able to travel to the United States without handing themselves over to law enforcement. Indeed, a letter to that effect was allegedly sent to some address in Yemen inviting al-Awlaki to visit the American Embassy to discuss the details.
Al-Awlaki isn’t the only person in Yemen to have his U.S. passport seized.
According to information obtained through a U.S. government whistleblower involved directly with U.S.-Yemeni affairs, the American embassy in Sanaa, Yemen seized over one hundred U.S. passports from Yemeni-Americans (some place the number at 500 passports) between 2011 and 2013. Only after several legal battles did the State Department curtail its actions. Though State publicly claims the seizures were an anti-fraud measure, many in the Yemeni community saw them as a pilot program.
A similar case involved the seizure of a Moroccan-American’s passport in Kuwait.
The actions at the American embassy in Yemen may fit into a larger pattern. For example, at the same time in 2011 the U.S. was ramping up its actions against Yemeni-Americans, Australia appeared to be doing much the same thing. “Withholding passports is an important means of preventing Australians from traveling overseas to train, support or participate in terrorism,” an Australian government spokesperson said. “It may also be used to help prevent an Australian already overseas from participating in activities that are prejudicial to the security of Australia or another country.”
How are Passport Seizures Legal?
Restrictions on travel suffered under the British were part of the list of “injuries and usurpations” in the Declaration of Independence. So don’t Americans have a right to travel?
Nope. The precedent was set by infamous ex-CIA officer Philip Agee, who in the 1970′s exposed CIA officers identities. It was in Agee’s case that the Supreme Court coldly affirmed that “The right to hold a passport is subordinate to national security and foreign policy considerations.” A lower court put it even more bluntly: “The Secretary [of State] may preclude potential matches from the international tinderbox.”
The basic premise is that travel abroad (travel within the U.S. is specifically provided for in the Constitution, though the No-Fly list certainly can limit one’s options) is that it is an “aspect” of liberty subject to restraint under due process. In the 1950’s, American Communists were often denied passports if their travel abroad was believed to be in support of their political beliefs, a policy later overturned by the Supreme Court. The Court struggled to balance national security and personal liberty regarding travel through multiple cases, but has never concluded that travel– or having a passport– is a fundamental right.
The whole concept of Americans requiring passports to travel has its roots in national security restrictions. With the exception of roughly the years of the Civil War and World War I, Americans did not need a passport to enter the United States. Americans were first required as a group to hold passports at the start of the Second World War. The travel requirements instituted in the past only during times of national crisis stuck around after WWII through the present day, formalized in the Immigration and Nationality Act of 1952. With echoes of current government actions, what was created as a wartime contingency morphed into a permanent peacetime restriction. The history of passport restrictions is not long, but does resonate into the post-9/11, Post-Constitutional era.
While no right to travel per se exists for Americans, there is a basic assumption, rooted in the Citizenship Clause of the Fourteenth Amendment and the due process clause of the Fifth Amendment to the Constitution that Americans have something between an expectation, an entitlement and an implied right to return to the United States from abroad, rooted in the concept of citizenship. The ease with which passports can be seized (or boarding an aircraft denied via the No-Fly list) is not seen in conflict; in al-Awlaki’s case, he would have been welcome to come home, albeit in leg irons en route to federal SuperMax. Time is also an issue. How long the government may make a citizen wait before allowing a return to the U.S. under some specific circumstances is not codified and thus can be used as a de facto seizure or punishment without raising a case publicly.
Why Doesn’t the Government Seize More Passports?
In short, for an American citizen to travel abroad, whether for vacation or jihad, the government’s permission, in the form of a passport, is required. So why then does the government not use such a long-tested authority to deny or seize the passports of those suspected for traveling to join terror groups?
While the real answer is obviously unknowable, several ideas may help explain this. First is that in fact such measures might be taking place. Persons who have not yet applied for a passport may find themselves denied issuance, and applications may have been denied or “in processing” without the applicant knowing the reason. The government is under no obligation to tell the person involved nor the media that national security has been invoked.
More likely however, it is a matter of legal timidity and public relations. Arresting and trying someone for material support for terrorism is something of a set-piece case for post-9/11 law enforcement. There is little legal controversy generated, and almost no danger under present circumstances of any nasty precedent being set. Wide-spread passport seizures could easily create a new chance to bring the issue before the Supreme Court, risky business for a government that much prefers to act as it wishes vis-vis American’s rights.
The other reason for restraint may simply be public relations. The public is familiar and appears supportive of arrests. Law enforcement in these circumstances are the good guys. Passport seizures sound a bit harsh, totalitarian-like, and are technically done under the authority of the Department of State, who does not enjoy the good guy reputation many attribute to the law enforcement people who “keep us safe.” It could be as simple as law enforcement not being willing to work with the State Department for bureaucratic reasons.
Regardless, these are dark seas. In a democracy, the right of citizens to depart and return should not on its face be restricted in the interest of the government. The idea of limiting an American citizen’s travel proactively, on the assumption that she or he will end up fighting with ISIS based on documents or web postings, scrapes at liberty, even if the tools are there and it is legal to use them.
Long-time readers of this blog will remember the name Brett McGurk. Embarrassing emails he sent using a U.S. government computer system in Iraq surfaced in 2012, just as he was heading into confirmation hearings to become America’s ambassador to Baghdad. We now learn that the State Department’s efforts to investigate the incident were quashed, in part by some of the same people involved in State’s handling of the post-Benghazi fall out.
The McGurk Story
McGurk worked in Iraq under multiple U.S. ambassadors and through both the Bush and Obama administrations. He was present at nearly every mistake the U.S. made during the years of Occupation. In return for such poor handling of so many delicate issues, McGurk was declared “uniquely qualified” and Obama nominated him as America’s ambassador to Baghdad in 2012.
Unfortunately, around that same time a series of near-obscene emails appeared online, showing a sexual relationship between the then-married-to-someone else McGurk, and a then-married-to-someone else female reporter assigned to Baghdad. The emails suggested a) that official U.S. government communications were being used to arrange nooky encounters; b) that McGurk may have shared sensitive information exclusively with this one reporter as pillow talk; c) that he may have ditched his security detail to engage in his affair and d) rumors circulated that a McGurk sex tape, featuring a different woman, existed.
McGurk withdrew his nomination for ambassador and was promptly appointed by the State Department as Deputy Assistant Secretary of State for Iraq and Iran, a position without the title of ambassador but one with a significant role in policy making. Conveniently, the position was not competed and did not require any confirmation process. McGurk just walked in to it with the thanks of a grateful nation.
Still, senior officials behaving poorly can damage the credibility of a nation, and so State’s Office of Diplomatic Security (DS) was asked to investigate McGurk’s actions. State’s Office of the Inspector General (OIG) later stepped in to look at the question of whether or not “undue influence” was applied by senior Clinton officials to that Diplomatic Security investigation so as to allow McGurk to emerge squeaky clean.
It seems we now know what may have happened with that investigation. It was, in the words of CBS News, quashed.
The third DS internal investigation in which OIG found an appearance of undue influence and favoritism involved the unauthorized release in mid-2012 of internal Department communications from 2008 concerning an individual who was nominated in early-2012 to serve as a U.S. Ambassador. (The nominee’s name was withdrawn following the unauthorized release.) DS commenced an internal investigation related to the unauthorized release of the internal communications. The then Chief of Staff and Counselor to the Secretary of State [Cheryl Mills] was alleged to have unduly influenced that investigation.
OIG found no evidence of any undue influence by the Chief of Staff/Counselor. However, OIG did find that the Assistant Secretary of State in charge of DS [Eric Boswell] had delayed for four months, without adequate justification, DS’s interview of the nominee, and that delay brought the investigation to a temporary standstill. OIG concluded that the delay created the appearance of undue influence and favoritism. The case was ultimately closed in July 2013, after the nominee was interviewed and after DS conducted additional investigative work.
Some are More Equal Than Others
Small world: Both Cheryl Mills and Eric Boswell of the McGurk case were deeply involved in State’s post-Benghazi actions.
Now, let’s break down some important parts of the OIG report. First, Diplomatic Security commenced its work by trying to track down the person who released the naughty emails, claiming they were “internal Department communications” even though they dealt with purely personal matters. Never mind what the emails revealed, DS’ first move was to try and hunt down the whistleblower.
While OIG could not find evidence of undue influence per se, they certainly found an “appearance” of such. Finally, we learn that the center of all this, the man seeking a senior position inside State, McGurk, was never even interviewed for four months by Diplomatic Security, and no adequate reason was given for why that delay was allowed to take place. In the short-attention span of Washington and the media, four months might as well be four years.
Where are They Now?
It would be easy to dismiss all this as business as usual in Washington (it is), or sour grapes on my part (a little) or even an I-Told-You-So on my part given the role I played in seeing McGurk’s indiscretions reach a wide audience (guilty).
But this is not just about me, no matter how much that was part of my motivation to write about the topic. It is, at the end of the day, about how our nation’s policies are created, managed an enacted, because the people and systems I’ve written about here do that.
So where are they all now? McGurk, as we know, is deeply involved in America’s new war in Iraq. The reporter who appeared to have slept with her source still works for a major media outlet. Eric Boswell, who quashed the investigation into McGurk, was reassigned and then allowed to retire post-Benghazi. Cheryl Mills remains one of Hillary’s closest advisors and is expected to play a significant role in any Clinton administration.
BONUS: The OIG report cited above was first surfaced by the best State Department blog out there, Diplopundit.
As some readers may know, I am former employee of the Department of State, and after publishing a book critical of State’s efforts in the previous Iraq War We Meant Well, I was subjected to a year of legal battles, including threat of prosecution.
But standing up for your rights is a part of having those rights. A free society is based on a marketplace of ideas, that free speech thing we all learned about in civics class. We all need to hear from all sides to become the “informed citizenry” that Thomas Jefferson said was so essential to a democracy. And who better to enlighten the public about how their government really works than former federal employees, the people who were on the inside, now private citizens?
It would be wrong then for a former employer, as codified into its agency regulations, to expect its retirees to “refrain from engaging in activities of any kind, including writing manuscripts or giving speeches, which would be prejudicial to the foreign policy interests of the United States.” But that is exactly what the U.S. Department of State does.
They even wrote it down, stating (emphasis added):
Former employees are expected to refrain from engaging in activities of any kind, including writing manuscripts or giving speeches, which would be prejudicial to the foreign policy interests of the United States.
Former employees are encouraged to make public appearances and write manuscripts for unofficial publication which constructively contribute to the interests and objectives of the Department of State and the Government.
So let’s get this straight. Private citizens, who happened to once work for the State Department in some capacity, perhaps not even one directly connected to policy issues, are expected to not say anything in a public forum against the interests of the United States? And they are encouraged to say things that contribute to the objectives of the Department of State? Just ’cause?
Though this all smacks of some sort of Orwellian attempt to coerce, er, expect, a class of private citizens to propagandize, um, engage in activities, that use their authority and reputation as former State Department employee to promote only the side of a discussion that supports the government’s position, I’ll play along. I have to right, as a Good Citizen?
But I think the problem will be in how the State Department and I might differ on just what the “interests and objectives of the Department of State and the Government” are that I am told because I once worked there I must support.
But let’s start with something we can agree on. The State Department’s Mission Statement says in part that the agency should seek to “Shape and sustain a… democratic world.” I agree.
But I disagree that admonishments to spew the government line as a private citizen, as State wants, contribute to that goal. Instead, I believe that exercising my First Amendment rights as a private citizen contribute much to democracy. Any exercise of rights strengthens a democracy, the same as any attacks on those rights diminish it. Bleating out the party line is for countries ruled by parties. Did you know that North Korea’s interests and objectives include claiming Kim Il Sung invented the television? I guess their former employees are encouraged and expected to write nice things in comments on YouTube and stuff about that.
Welcome to another episode of Post-Constitutional America, where the old rules do not apply. See something, say something, unless you used to work for the State Department and what you say does not agree with the government’s version of things.
But oh! Some feel that is too much, too dramatic. Fair enough. The whole problem is not that State can ever enforce these rules– they can’t– it is that they exist as a testament to how they think. It’s that whole idea of “loyalty” above all else, and of course the hypocrisy of saying how important dissent is while trying very hard to stifle it. At the end of the day such things erode employees. So many just kind of give up and stop caring too much about what they do and just glide through the motions.
BONUS: The same section of regulation quoted above also says “The State Department will be glad to furnish, upon request, advice, assistance, and copies of printed publications to former employees who wish to obtain information on particular subjects.” Or not. I have asked State for comment and “advice” on these regulations and have not received any response.
FYI: State has not contacted me personally about anything I have written. This article is based on State’s regulations. Whether currently enforced in some way or not, their existence is reason enough to call out.
It can be hard to keep track of your money. You charge stuff and misplace the receipts, you forget to record a check written and before you know it, $12-14 billion is unaccounted for in Iraq. Even then, after one authoritative source thinks he’s found some of it, no one bothers to go get it.
Is it in Lebanon?
New information from the former Special Inspector General for Iraq Reconstruction (SIGAR) Stuart Bowen, reported by perhaps the bravest journalist alive today, James Risen, shows that of the multi-billions of U.S. dollars cash literally shipped on pallets (pictured) to Iraq in 2003, over one billion was traced into Lebanon (the other billions remain unaccounted for.)
Risen reports that in the first days after the fall of Baghdad and continuing for over a year, American proconsul Paul Bremer, on his own, somehow ordered $12-$14 billion (note the uncertainty factor of two billion dollars, itself a crime) to be sent to Iraq in the airlift, and an additional $5 billion was sent by electronic transfer. Some sources put the total as high as $20 billion.
Dollars and Nonsense
“We did not know that Bremer was flying in all that cash,” said the head of the Treasury Department team that worked on Iraq’s financial reconstruction after the invasion. “I can’t see a reason for it.”
The cash was literally delivered shrink-wrapped, on pallets, enormous bundles of Benjamins. Exactly what happened to that money after it arrived in Baghdad became one of the many unanswered questions from the chaotic days of the American occupation. We’ll never know.
Except maybe Bowen, who claims to have tracked $1.2 billion to $1.6 billion (note the uncertainty factor of $4,000,000 dollars) to a bunker in rural Lebanon for safe keeping. An informant said the bunker also may have held $200 million of Iraqi government gold. “I don’t know how the money got to Lebanon,” Bowen said. “Billions of dollars have been taken out of Iraq over the last ten years illegally. In this investigation, we thought we were on the track for some of that lost money. It’s disappointing to me personally that we were unable to close this case, for reasons beyond our control.”
The Bush administration never investigated how that huge amount of money disappeared, even after Bowen’s investigators found out about the bunker in Lebanon. The Obama administration did not pursue that lead, either. Bowen’s team briefed the CIA and the FBI on what they found, but no one took any action. Even the Iraqi government has not tried to retrieve the money, and has kept information about the Lebanese bunker secret. When Bowen and his staff tried to move the search into Lebanon themselves, he met with resistance from the U.S. embassy in Beirut. Bowen himself was not allowed to travel to Lebanon, and two of his investigators who did travel were denied permission from the embassy to see the bunker. Bowen’s staff members instead met with Lebanon’s prosecutor general, who initially agreed to cooperate on an investigation, but later decided against it. In the words of one who has spent perhaps too much time in government, Bowen summed it all up by saying “We struggled to gain timely support from the interagency as we pursued this case.”
Of all the missing money, by 2011 the Pentagon and the Iraqi government claim to have accounted for all but $6 billion of it, as if missing the target by six billion spaces is an OK result. And even that assumes one believes the Pentagon and Iraqi audit.
How’d All That Money Go Missing Anyway?
How did all that money go missing? That, at least, is something we know. U.S. officials claimed in the early days of the war that they didn’t have time or staff to keep strict financial controls. Millions of dollars were stuffed in gunnysacks and hauled on pickups to Iraqi agencies or contractors, officials have testified. House Government Reform Committee investigators charged in 2005 that U.S. officials “used virtually no financial controls to account for these enormous cash withdrawals once they arrived in Iraq, and there is evidence of substantial waste, fraud and abuse in the actual spending and disbursement of the Iraqi funds.” Meanwhile, Pentagon officials contended for years that they could account for the money if given enough time to track down the records.
But repeated attempts to find the documentation, or better yet the cash, were fruitless. An inspector general’s report into the missing money in Iraq painted a picture of Pentagon officials digging through boxes of hard copy records looking for missing paper copies of Excel spreadsheets, monthly reports and other paper documents that should have been kept detailing what the money was spent on and why those expenditures were necessary. Apparently, there are no electronic records to back up the spending. It. Just. Went. Away.
Occam’s Bank Account
So where did all that money go? Here and there on the web you can find a conspiracy theory or two, but the obvious answer is usually the correct one. There are no doubt Dubai-based bank accounts of current and former Iraqi government officials swollen with cash, perhaps some accounts of American contractors and various U.S. officials as well. As for that bunker in Lebanon, well, your typical third world crew knows that you can only trust banks so far, and everyone needs a stash in case they have to bug out in a hurry and lay low while international terrorists hunt for you. Perhaps following a few more battlefield successes for ISIS inside Iraq?
I wanted to offer a wry chuckle before we headed into the heavy stuff about Iraq, so I tried to start this article with a suitably ironic formulation. You know, a déjà-vu-all-over-again kinda thing. I even thought about telling you how, in 2011, I contacted a noted author to blurb my book, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People, and he presciently declined, saying sardonically, “So you’re gonna be the one to write the last book on failure in Iraq?”
I couldn’t do any of that. As someone who cares deeply about this country, I find it beyond belief that Washington has again plunged into the swamp of the Sunni-Shia mess in Iraq. A young soldier now deployed as one of the 1,600 non-boots-on-the-ground there might have been eight years old when the 2003 invasion took place. He probably had to ask his dad about it. After all, less than three years ago, when dad finally came home with his head “held high,” President Obama assured Americans that “we’re leaving behind a sovereign, stable and self-reliant Iraq.” So what happened in the blink of an eye?
The Sons of Iraq
Sometimes, when I turn on the TV these days, the sense of seeing once again places in Iraq I’d been overwhelms me. After 22 years as a diplomat with the Department of State, I spent 12 long months in Iraq in 2009-2010 as part of the American occupation. My role was to lead two teams in “reconstructing” the nation. In practice, that meant paying for schools that would never be completed, setting up pastry shops on streets without water or electricity, and conducting endless propaganda events on Washington-generated themes of the week (“small business,” “women’s empowerment,” “democracy building.”)
We even organized awkward soccer matches, where American taxpayer money was used to coerce reluctant Sunni teams into facing off against hesitant Shia ones in hopes that, somehow, the chaos created by the American invasion could be ameliorated on the playing field. In an afternoon, we definitively failed to reconcile the millennium-old Sunni-Shia divide we had sparked into ethnic-cleansing-style life in 2003-2004, even if the score was carefully stage managed into a tie by the 82nd Airborne soldiers with whom I worked.
In 2006, the U.S. brokered the ascension to power of Prime Minister Nouri al-Maliki, a Shia politician handpicked to unite Iraq. A bright, shining lie of a plan soon followed. Applying vast amounts of money, Washington’s emissaries created the Sahwa, or Sons of Iraq, a loose grouping of Sunnis anointed as “moderates” who agreed to temporarily stop killing in return for a promised place at the table in the New(er) Iraq. The “political space” for this was to be created by a massive escalation of the American military effort, which gained a particularly marketable name: the surge.
I was charged with meeting the Sahwa leaders in my area. My job back then was to try to persuade them to stay on board just a little longer, even as they came to realize that they’d been had. Maliki’s Shia government in Baghdad, which was already ignoring American entreaties to be inclusive, was hell-bent on ensuring that there would be no Sunni “sons” in its Iraq.
False alliances and double-crosses were not unfamiliar to the Sunni warlords I engaged with. Often, our talk — over endless tiny glasses of sweet, sweet tea stirred with white-hot metal spoons — shifted from the Shia and the Americans to their great-grandfathers’ struggle against the British. Revenge unfolds over generations, they assured me, and memories are long in the Middle East, they warned.
When I left in 2010, the year before the American military finally departed, the truth on the ground should have been clear enough to anyone with the vision to take it in. Iraq had already been tacitly divided into feuding state-lets controlled by Sunnis, Shias, and Kurds. The Baghdad government had turned into a typical, gleeful third-world kleptocracy fueled by American money, but with a particularly nasty twist: they were also a group of autocrats dedicated to persecuting, marginalizing, degrading, and perhaps one day destroying the country’s Sunni minority.
U.S. influence was fading fast, leaving the State Department, a small military contingent, various spooks, and contractors hidden behind the walls of the billion-dollar embassy (the largest in the world!) that had been built in a moment of imperial hubris. The foreign power with the most influence over events was by then Iran, the country the Bush administration had once been determined to take down alongside Saddam Hussein as part of the Axis of Evil.
The Grandsons of Iraq
The staggering costs of all this — $25 billion to train the Iraqi Army, $60 billion for the reconstruction-that-wasn’t, $2 trillion for the overall war, almost 4,500 Americans dead and more than 32,000 wounded, and an Iraqi death toll of more than 190,000 (though some estimates go as high as a million) — can now be measured against the results. The nine-year attempt to create an American client state in Iraq failed, tragically and completely. The proof of that is on today’s front pages.
According to the crudest possible calculation, we spent blood and got no oil. Instead, America’s war of terror resulted in the dissolution of a Middle Eastern post-Cold War stasis that, curiously enough, had been held together by Iraq’s previous autocratic ruler Saddam Hussein. We released a hornet’s nest of Islamic fervor, sectarianism, fundamentalism, and pan-nationalism. Islamic terror groups grew stronger and more diffuse by the year. That horrible lightning over the Middle East that’s left American foreign policy in such an ugly glare will last into our grandchildren’s days. There should have been so many futures. Now, there will be so few as the dead accumulate in the ruins of our hubris. That is all that we won.
Under a new president, elected in 2008 in part on his promise to end American military involvement in Iraq, Washington’s strategy morphed into the more media-palatable mantra of “no boots on the ground.” Instead, backed by aggressive intel and the “surgical” application of drone strikes and other kinds of air power, U.S. covert ops were to link up with the “moderate” elements in Islamic governments or among the rebels opposing them — depending on whether Washington was opting to support a thug government or thug fighters.
The results? Chaos in Libya, highlighted by the flow of advanced weaponry from the arsenals of the dead autocrat Muammar Gaddafi across the Middle East and significant parts of Africa, chaos in Yemen, chaos in Syria, chaos in Somalia, chaos in Kenya, chaos in South Sudan, and, of course, chaos in Iraq.
And then came the Islamic State (IS) and the new “caliphate,” the child born of a neglectful occupation and an autocratic Shia government out to put the Sunnis in their place once and for all. And suddenly we were heading back into Iraq. What, in August 2014, was initially promoted as a limited humanitarian effort to save the Yazidis, a small religious sect that no one in Washington or anywhere else in this country had previously heard of, quickly morphed into those 1,600 American troops back on the ground in Iraq and American planes in the skies from Kurdistan in the north to south of Baghdad. The Yazidis were either abandoned, or saved, or just not needed anymore. Who knows and who, by then, cared? They had, after all, served their purpose handsomely as the casus belli of this war. Their agony at least had a horrific reality, unlike the supposed attack in the Gulf of Tonkin that propelled a widening war in Vietnam in 1964 or the nonexistent Iraqi WMDs that were the excuse for the invasion of 2003.
The newest Iraq war features Special Operations “trainers,” air strikes against IS fighters using American weapons abandoned by the Iraqi Army (now evidently to be resupplied by Washington), U.S. aircraft taking to the skies from inside Iraq as well as a carrier in the Persian Gulf and possibly elsewhere, and an air war across the border into Syria.
It Takes a Lot of Turning Points To Go In a Circle
The truth on the ground these days is tragically familiar: an Iraq even more divided into feuding state-lets; a Baghdad government kleptocracy about to be reinvigorated by free-flowing American money; and a new Shia prime minister being issued the same 2003-2011 to-do list by Washington: mollify the Sunnis, unify Iraq, and make it snappy. The State Department still stays hidden behind the walls of that billion-dollar embassy. More money will be spent to train the collapsed Iraqi military. Iran remains the foreign power with the most influence over events.
One odd difference should be noted, however: in the last Iraq war, the Iranians sponsored and directed attacks by Shia militias against American occupation forces (and me); now, its special operatives and combat advisors fight side-by-side with those same Shia militias under the cover of American air power. You want real boots on the ground? Iranian forces are already there. It’s certainly an example of how politics makes strange bedfellows, but also of what happens when you assemble your “strategy” on the run.
Obama hardly can be blamed for all of this, but he’s done his part to make it worse — and worse it will surely get as his administration once again assumes ownership of the Sunni-Shia fight. The “new” unity plan that will fail follows the pattern of the one that did fail in 2007: use American military force to create a political space for “reconciliation” between once-burned, twice-shy Sunnis and a compromise Shia government that American money tries to nudge into an agreement against Iran’s wishes. Perhaps whatever new Sunni organization is pasted together, however briefly, by American representatives should be called the Grandsons of Iraq.
Just to add to the general eeriness factor, the key people in charge of putting Washington’s plans into effect are distinctly familiar faces. Brett McGurk, who served in key Iraq policy positions throughout the Bush and Obama administrations, is again the point man as Deputy Assistant Secretary of State for Iraq and Iran. McGurk was once called the “Maliki whisperer” for his closeness to the former prime minister. The current American ambassador, Robert Stephen Beecroft, was deputy chief of mission, the number two at the Baghdad embassy, back in 2011. Diplomatically, another faux coalition of the (remarkably un)willing is being assembled. And the pundits demanding war in a feverish hysteria in Washington are all familiar names, mostly leftovers from the glory days of the 2003 invasion.
Lloyd Austin, the general overseeing America’s new military effort, oversaw the 2011 retreat. General John Allen, brought out of military retirement to coordinate the new war in the region — he had recently been a civilian advisor to Secretary of State John Kerry — was deputy commander in Iraq’s Anbar province during the surge. Also on the U.S. side, the mercenary security contractors are back, even as President Obama cites, without a hint of irony, the ancient 2002 congressional authorization to invade Iraq he opposed as candidate Obama as one of his legal justifications for this year’s war. The Iranians, too, have the same military commander on the ground in Iraq, Qassem Suleimani, the head of the Iranian Revolutionary Guards Corps’s Quds Force. Small world. Suleimani also helps direct Hezbollah operations inside Syria.
Even the aircraft carrier in the Persian Gulf launching air strikes, the USS George H.W. Bush, is fittingly named after the president who first got us deep into Iraq almost a quarter century ago. Just consider that for a moment: we have been in Iraq so long that we now have an aircraft carrier named after the president who launched the adventure.
On a 36-month schedule for “destroying” ISIS, the president is already ceding his war to the next president, as was done to him by George W. Bush. That next president may well be Hillary Clinton, who was secretary of state as Iraq War 2.0 sputtered to its conclusion. Notably, it was her husband whose administration kept the original Iraq War of 1990-1991 alive via no-fly zones and sanctions. Call that a pedigree of sorts when it comes to fighting in Iraq until hell freezes over.
If there is a summary lesson here, perhaps it’s that there is evidently no hole that can’t be dug deeper. How could it be more obvious, after more than two decades of empty declarations of victory in Iraq, that genuine “success,” however defined, is impossible? The only way to win is not to play. Otherwise, you’re just a sucker at the geopolitical equivalent of a carnival ringtoss game with a fist full of quarters to trade for a cheap stuffed animal.
Apocalypse Then — And Now
America’s wars in the Middle East exist in a hallucinatory space where reality is of little import, so if you think you heard all this before, between 2003 and 2010, you did. But for those of us of a certain age, the echoes go back much further. I recently joined a discussion on Dutch television where former Republican Congressman Pete Hoekstra made a telling slip of the tongue. As we spoke about ISIS, Hoekstra insisted that the U.S. needed to deny them “sanctuary in Cambodia.” He quickly corrected himself to say “Syria,” but the point was made.
We’ve been here before, as the failures of American policy and strategy in Vietnam metastasized into war in Cambodia and Laos to deny sanctuary to North Vietnamese forces. As with ISIS, we were told that they were barbarians who sought to impose an evil philosophy across an entire region. They, too, famously needed to be fought “over there” to prevent them from attacking us here. We didn’t say “the Homeland” back then, but you get the picture.
As the similarities with Vietnam are telling, so is the difference. When the reality of America’s failure in Vietnam finally became so clear that there was no one left to lie to, America’s war there ended and the troops came home. They never went back. America is now fighting the Iraq War for the third time, somehow madly expecting different results, while guaranteeing only failure. To paraphrase a young John Kerry, himself back from Vietnam, who’ll be the last to die for that endless mistake? It seems as if it will be many years before we know.
1) “Inclusive” Government
A cornerstone of solving Iraq, however defined, is the formation of an inclusive government, one that addresses the needs of Sunnis, Shia and Kurds, gives each a sense of substantive participation, creates safety for each and allows decision-making to take place while assuring the Shias do not slink back into dominance. Since the new prime minister, handmaiden to the U.S. and approved by Iran, is a Shia and former colleague of Maliki and member of the same political party, inclusiveness falls to appointments to key ministries and the powers delegated to those ministers.
The big ones to watch are Defense and Interior. Both ministries have been used as tools of repression against Sunnis since at least 2006. A key Sunni in one or both is good. A “for show” Sunni is bad. It is highly unlikely the U.S. will allow two Shias to be chosen, but leaving the posts empty, as they are now, is nearly as bad.
2) For-Show Sunnis
Of the many mistakes the U.S. made during the Occupation, one was the empowerment of not powerful Sunnis, many of whom were simply carpetbaggers out for a buck or a million bucks, or just lesser leaders hoping to move up with U.S. help. This undermined broader support, as the Sunni people knew who the fakes were even if the U.S. didn’t, or didn’t care. Information on individual Sunnis who come to some power will be hard to find, but look for it, as it will make clearer whether such men will add to or help mask the truth about inclusiveness.
Most gestures are just that, empty statements. Any real progress in Iraq requires concrete, substantive action by the Shia government; they have a lot of distrust to overcome among their Sunni and Kurd populations.
Simple statements, however trumpeted by the U.S. as signs of progress, typically framed as “you have to walk before you run,” are likely just propaganda. A trick employed by the Iraqi government during the Occupation was to announce one thing in English to the Western media, and say nothing, or say something quite different, in their own media. If possible, check news sources with Arabic speakers on the ground in Iraq closely. I recommend @prashantrao, @JoelWing2, @reidarvisser, @berendvh, @IraqDaily, @iraqbiznews, @tarangoNYT, @LizSly, @AJEnglish, @iraqoilreport and just for laffs, @USEmbBaghdad.
One big deal but unlikely gesture: Allow the former Sunni Vice President, Tariq al-Hashemi, now in exile under a death warrant, to return. Huge deal: give him a place in the new government. He’s no angel, but it will get the Sunnis’ attention.
Any signs that Shia militia are being reigned in off the battlefield are good. Examples of them targeting Sunnis in Baghdad or elsewhere are bad things. Examples of whatever remains of the Iraqi military proper really fighting with the peshmerga, as opposed to fighting nearby while the Americans make everyone fight nice together, are good. Sunni units fighting in one place, Shia in another and Kurds in a third are bad signs. Don’t be fooled by showcase episodes, such as when CNN just happens to be embedded just as a Shia unit happens to help out a Kurd unit.
Of course, when ISIS overruns an Iraqi Army base near Baghdad and executes 300 government troops as they did recently, and somehow U.S. airpower is unable to intervene, that is a bad turn. Same for reported ISIS bombings inside Baghdad city.
Watch claims of victory carefully. Many small towns will change hands, especially if ISIS follows Insurgency 101 tactics of just temporarily melting away when faced with bad odds. Unless and until the Iraqi government actually controls Mosul and especially Fallujah, there is still a l-o-n-g way to go in this struggle.
5) U.S. Bombing
More U.S. “successes” closer and closer to Baghdad are bad, especially south of the city where Sunni-Shia seams still exist. How the inevitable “collateral damage” and/or bombing mistake that takes out a school or hospital is handled will be very important. The Shia government has to keep a wary population at least neutral toward the Americans. There is a large group of people inside Iraq who believe ISIS is a CIA creation designed to create a causa belli for American forces to re-enter Iraq.
More war porn video of smart bombs snuffing ISIS Toyotas or individual mortars is bad, signs that there is little to blow up that makes any difference. More U.S. aircraft being based inside Iraq is a sign that the U.S. may get those permanent bases it has always wanted, and likely has little to do with the conflict per se.
Another bad news thing: basing American aircraft in-country, as is happening now near Erbil and with a small number of helicopters inside Baghdad International Airport, means a long “tail.” That tail includes U.S. maintenance and armorers on the ground, staff to feed and protect them, and shipments in of bombs and spare parts. Every persn becomes a target that can expand the conflict. Yep, it is that slippery slope thing again.
6) That Coalition
If the U.S. insists on any of its Arab “partners” doing any bombing outside western Iraq near Syria, bad news. No one inside Iraq wants Arab forces loose inside the country. The Shia government would be especially troubled, given how much of the local coalition comes from Sunni nations. It is unlikely even the U.S. is clumsy enough to push for this, but then again, you never know.
Keep an eye on Turkey, who is shaping up to really get the dirty end of the stick because of U.S. efforts. The Turks fear a powerful Kurdish entity on its disputed border with Kurdistan/Iraq, fear internal strife from its own restive Kurdish population and are wary of U.S. efforts to further arm and empower Kurds, and move them deeper into Syria as proxy boots on the ground. That would put the Kurds on two Turkish borders. The Turks are also bearing the brunt of the refugee crisis the U.S. is creating by bombing Syria. Anything the U.S. does to alleviate Turkish concerns is good, anything else is bad.
Iran of course is the place where all the lines intersect in Iraq, as well as Syria and throughout the parts of the Middle East the U.S. is most concerned about, never mind the nuclear issue.
But sticking to Iraq, watch everything Iran says, does, or has said about it. Right now, the U.S.’ influence in Baghdad is mostly being bought with “aid” money (the Kurds have more needs, primarily U.S. assurances of their de facto autonomous status vis-vis Baghdad.) The foreign power with the most influence throughout Iraq, and especially with the central government, is Iran. The prime minister and his party have deep ties to Iran, and won’t make a significant move without at least tacit approval. Iran has funded and retains connections into many Shia militias and can reel them in or push them out into the war.
Iran has overtly committed those elusive boots on the ground to the struggle. Iran, as the power that did not leave Iraq, has credibility on the ground with the Shia, and scares the sweat out of Sunnis and Kurds, who know the U.S. will again depart someday while the Iranians will share at least a border with them forever.
While there is no doubt the U.S. and Iran are speaking via some back channel, a very good sign would be overt discussions. A bad sign would be pop ups of anger over the nuclear issue. The U.S. may, for domestic political reasons, foolishly try and separate the issues of Iran-Iraq and Iran-Nukes, but inside Iran there is no such divide; both are part of the uber-issue of U.S.-Iran relations.
What Iran does will affect the struggle in Iraq as much as any other single factor. Watch for it.
On the Alan Colmes radio show we talked about some of the mistakes the U.S. has made in Iraq and Syria, and how the future of the region can only end in chaos.
We also discussed where ISIS came from, why the State Department went after me after writing We Meant Well, and what it really means to “rebuild” Iraq.
Listen to the full audio here.
You see, Ray just beat down, in court, Hillary Clinton, the State Department, and a small part of Post-Constitutional America.
Who is this Guy?
McGovern is a changed man. He started out in the Army, then he worked for the CIA from the Kennedy administration up through the first Bush presidency, preparing the president’s daily intel brief. He was a hell of a spy. McGovern began to see the evil of much of the government’s work, and has since become an outspoken critic of the intelligence world and an advocate for free speech. He speaks on behalf of people like Julian Assange, Chelsea Manning and Edward Snowden.
Ray McGovern was put on the State Department’s Diplomatic Security BOLO list– Be On the Look Out– one of a series of proliferating government watch lists. What McGovern did to end up on Diplomatic Security’s dangerous persons list and how he got off the list are a tale of our era, Post-Constitutional America.
Offending the Queen
Ray’s offense was to turn his back on Hillary Clinton, literally.
In 2011, at George Washington University during a public event where Clinton was speaking, McGovern stood up and turned his back to the stage. He did not say a word, or otherwise disrupt anything. University cops grabbed McGovern in a headlock and by his arms and dragged him out of the auditorium by force, their actions directed from the side by a man whose name is redacted from public records. Photos (above) of the then-71 year old McGovern taken at the time of his arrest show the multiple bruises and contusions he suffered while being arrested. He was secured to a metal chair with two sets of handcuffs. McGovern was at first refused medical care for the bleeding caused by the handcuffs. It is easy to invoke the words thug, bully, goon.
The charges of disorderly conduct were dropped, McGovern was released and it was determined that he committed no crime.
But because he had spoken back to power, State’s Diplomatic Security printed up an actual wanted poster citing McGovern’s “considerable amount of political activism” and “significant notoriety in the national media.” Diplomatic Security warned agents should USE CAUTION (their emphasis) when stopping McGovern and conducting the required “field interview.” The poster itself was classified as Sensitive but Unclassified (SBU), one of the multitude of pseudo-secret categories created following 9/11.
Violations of the First and Fourth Amendments by State
Subjects of BOLO alerts are considered potential threats to the Secretary of State. Their whereabouts are typically tracked to see if they will be in proximity of the Secretary. If Diplomatic Security sees one of the subjects nearby, they detain and question them. Other government agencies and local police are always notified. The alert is a standing directive that the subject be stopped and seized in the absence of reasonable suspicion or probable cause that he is committing an offense. Stop him for being him. These directives slash across the Fourth Amendment’s prohibitions against unwarranted search and seizure, as well as the First Amendment’s right to free speech, as the stops typically occur around protests.
You Don’t Mess with Ray
Ray McGovern is not the kind of guy to be stopped and frisked based State Department retaliation for exercising his First Amendment rights in Post-Constitution America. He sued, and won.
The Partnership for Civil Justice Fund took up the case pro bono on Ray’s behalf, suing the State Department. They first had to file a Freedom of Information Act demand to even get ahold of the internal State Department justifications for the BOLO, learning that despite all charges having been dropped against McGovern and despite having determined that he engaged in no criminal activity, the Department of State went on to open an investigation into McGovern, including his political beliefs, activities, statements and associations.
The investigative report noted “McGovern does seem to have the capacity to capture a national audience – it is possible his former career with the CIA has the potential to make him ‘attractive’ to the media.” It also cited McGovern’s “political activism, primarily anti-war.” The investigation ran nearly seven months, and resulted in the BOLO.
With the documents that so clearly crossed the First Amendment now in hand, the Partnership for Civil Justice Fund went to court. They sought, and won, an injunction against the State Department to stop the Be On the Look-Out alert against McGovern, and to force State to pro-actively advise other law enforcement agencies that it no longer stands.
McGovern’s constitutional rights lawsuit against George Washington University, where his arrest during the Clinton speech took place, and the officers who assaulted and arrested him, is ongoing.
Watch Lists in Post-Constitutional America
McGovern’s case has many touch points to the general state of affairs of post-9/11 government watchlists, such as No-Fly.
The first is that it is anonymous interests, within a vast array of government agencies, that put you on some list. You may not know what you did to be “nominated,” and you may not even know you are on a list until you are denied boarding or stopped and frisked at a public event. Placement on some watchlist is done without regard to– and often in overt conflict with– your Constitutional rights. Placement on a list rarely has anything to do with having committed any actual crime; it is based on the government’s supposition that you are a potential threat, that you may commit a crime despite there being no evidence that you are planning one.
Once you are on one watchlist, your name proliferates onto other lists. Getting access to the information you need to fight back is not easy, and typically requires legal help and a Freedom of Information Act struggle just to get the information you need to go forward. The government will fight your efforts, and require you to go through a lengthy and potentially expensive court battle.
We’ll address the irony that the government uses taxpaying citizens’ money to defend itself when it violates the Constitutional rights of taxpaying citizens another time.
Donating to The Partnership for Civil Justice Fund
Persons wishing to donate to The Partnership for Civil Justice Fund may do so online. I have no affiliation with the organization and do not benefit in any way from donations.
Full Discloure: I do know and respect Ray McGovern, and was once the subject of a State Department Be On the Lookout Alert myself, following these remarks I made about Hillarly Clinton. I have been unable to ascertain the status of my own BOLO alert but believe it is no longer in force. The State Department refuses to disclose any information to me about my status.
Tough times call for desperate acts…
Proving or disproving his allegations will be an uncertain thing. One thing that is certain is that people will claim he is nothing more than a disgruntled employee with an agenda. I don’t think so. Because once I was also there.
Who is Ray Maxwell?
Raymond Maxwell was Deputy Assistant Secretary of State for Near Eastern Affairs, covering Libya. Soon after Ambassador Chris Stevens and others were killed in Benghazi, Maxwell says he participated in a secret Sunday session where Clinton aides Cheryl Mills and Jake Sullivan oversaw a document review with the aim to “pull out anything that might put anybody in the front office or the seventh floor in a bad light” (“Seventh floor” is slang for the Secretary of State.)
As the House Select Committee on Benghazi held its first hearing Wednesday, the focus was on the Secretary of State’s role in securing American embassies and consulates abroad. Maxwell did not testify, and may or may not be eventually called to speak publicly to the Committee, but his allegations loom in the background.
I’ve met Maxwell, talked with him, though he did not confide in me. When you join State, you serve whomever is in the White House and like me, Maxwell worked Reagan through Obama. “For any Foreign Service Officer, being at work is the essence of everything,” Maxwell told a reporter after he was ultimately pushed into an early retirement following State’s internal review of the Benghazi debacle. In 2013, Maxwell spoke to the House Foreign Affairs Committee and the House Oversight Committee, and kept quiet about the bombshell information. Maxwell impresses as a State Department archetype, dedicated to the insular institution, apolitical to the point of frustration to an outsider, but shocked when he found his loyalty was not returned.
Whistleblowers at State
He has revealed what he knows only two years after the fact. People will say he is out for revenge. But I don’t think so. As a State Department whistleblower who experienced how the Department treats such people, I was there, and there is not a place anyone readily wants to be.
My own whistleblowing seems minor compared to something that might alter the race for the presidency. With 22 years at State, I spent twelve months leading two Provincial Reconstruction Teams in Iraq. The staggering incompetence and waste of taxpayer money I saw, coupled with the near-complete lack of interest by the Department I found trying to “go through channels,” lead to me write a We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People book exposing it all. The response was devastating: my security clearance was pulled, my case was sent to the Department of Justice for prosecution, I was frog-marched out of my office and forbidden to enter any State Department facility, I was placed on a Secret Service watch list as a potential threat to Mrs. Clinton, the pension I earned over a long career was threatened and only after the intercession of some of the same lawyers now representing Edward Snowden was I “allowed” to retire. My case appeared in Glenn Greenwald’s column. All over a book that discussed history, and named no names.
Inside the Mind of a Whistleblower
For whistleblowers to go public, there is a calculus of pain and gain, and that takes time. You try to go through channels; Congressman Jason Chaffetz says Maxwell first told lawmakers his full story privately some time ago. Then you wait in hopes the information will come out without you, that someone else might speak up first, you hint at it hoping someone will take the bait, and instead see faux investigations and bleats about “it’s just politics” further bury it.
There was a two year gap between much of what I saw in Iraq and my public coming out. The same was true for Snowden and other whistleblowers. You don’t just wake up one morning and decide to turn your own life, and that of your family’s, upside down, risking financial ruin, public shaming and possibly jail time. It is a process, not an event. You have to wonder what your fate will be once the media grows bored with your story, how far your actions will follow you. Fear travels with you on your journey of conscience. In my case, I was ignorant of what would happen once I blew the whistle. Ray Maxwell examples to learn from. He likely calculated he needed to securely retire from State before taking Team Clinton head-on.
Why It Matters
Now of course much of this is politics, in all its forms, though non-political questions about Benghazi still exist, especially as America resumes war in Iraq with its largest embassy vulnerable. Politics still do matter, and are indeed inevitable, as the measure of candidates needs to be taken. Among other things, their view of whistleblowers is important.
Document reviews at State following some significant event are not unheard of; an office affected needs to recap how it got to where it is. Conducting such a review in secret, on a Sunday, with some of the Secretary’s most senior advisors personally overseeing things, is unheard of. The details of Maxwell’s story ring true, the place, the procedures. Checks of State Department entry and exit records and room use requests should establish the basic facts. Proving what happened at that document review will be much, much harder, and will focus in large part on Maxwell’s own credibility.
Who is Ray Maxwell?
Is Maxwell a disgruntled employee with an agenda? Possibly, but whistleblowers act on conscience, not revenge; the cost is too high for that, and in this day revenge is available much cheaper via a leak or as an unnamed source. Going public and disgruntlement often coincide but are not necessarily causal. You can be both bitter and a truth-teller. Knowing what the right thing to do is easier than summoning the courage and aligning one’s life to step up and do it.
I think Ray Maxwell is credible. I don’t think his timing suggests he is not. We’ll see, paraphrasing Clinton’s own words on Benghazi, if it really matters anymore, and what difference does it make.
The blog about the State Department I always wanted to be is Diplopundit. The anonymous writer manages to point out State’s dumbassery without resorting to terms like dumbassery, quite an accomplishment.
So I tip my hat to Diplopundit for pulling up the video below. It was made by the U.S. government with your tax dollars. The stated purpose of the video is to somehow encourage more students from Saudi Arabia to come to the U.S. for college. Education is a huge business now in America, and foreign students from places like Saudi pay top dollar. So while the goal to bring more of their money to the U.S. is a noble one, how this video helps is beyond me. Have a look.
Oh where oh where to begin? First question of course, is how could this possibly cause a Saudi to decide he wanted to throw his lot in with these people? What would be the key selling point? The gratuitous use of English to communicate with a foreign audience? The broken English of the Saudi student applicants? The hard to read subtitles? The nearly endless parade of stereotypes? The poncy Marilyn Monroe thing near the end? The Saudi guy dressed like a 1970s pimp? Yes, that would be the winner.
Anyway, enjoy the video and have a laugh. After all, you paid for it.
BONUS: We all do remember one of the last times the State Department went out of its way to get more Saudis to travel and study in the U.S., right? That was the Visa Express system that facilitated the travel for several of the 9/11 hijackers. And that episode didn’t even need its own cartoon advertisement.
Citing its inherent right to self-defense, an Israeli Defense Forces (IDF) spokesperson today announced his country had destroyed the Lincoln Tunnel, one of the main arteries connecting New Jersey with the island of Manhattan. Israeli forces also shelled New Jersey, causing additional hundreds of casualties.
“With a ceasefire in place in Gaza while we reload for humanitarian purposes, we figured it was time to close off some other Hamas infiltration tunnels around the world. Our intelligence agents had long noted that many people who were either Indian or Arab or maybe Puerto Rican have been using the Lincoln Tunnel to travel from Jersey to New York City. We decided that to preserve the security of the Jewish State, we had no choice but to destroy the tunnel. That was that.”
“As for shelling New Jersey, hell, we just felt sorry for them and wanted to put them out of their misery.”
While steadfastly defending Israel’s right to self-defense, Barack Obama decried the loss of innocent lives. “It is always sad to wake up from my nap to hear some folks got whacked,” said the president, apparently referring to the 782 Americans killed as the Lincoln Tunnel collapsed into the waters of the Hudson River. “But let me be clear: Israel has a right to defend itself– wait, did I say that already? Whatever.”
Secretary of State John Kerry was equally clear on America’s position. “Israel has an absolute right to defend itself, even though crappy places like Gaza, Russia, Venezuela and Iran do not. That said, the president has asked me to begin work on an immediate ceasefire in the United States. I have called Israel about this, but it went to voicemail and apparently they are not accepting texts. I have thus instructed my staff to friend them on Facebook and open channels of communication that way.”
Kerry later that day vetoed a motion in the United Nation condemning Israel for attacking his own country, claiming “All the facts are not yet in.”
“We also had Vanuatu voting with us in support of Israel’s right of self-defense,” beamed Kerry, explaining the U.S. offered the tiny island $4 trillion in aid for its support, “but at the last minute they had this really important thing come up and didn’t vote.”
On background, the IDF spokesperson explained that even though it is common knowledge that the Lincoln Tunnel was opened in 1932, well before either Israel or Hamas even existed, Israel “just does not believe that, knowing how Hamas twists the truth.” Instead, he continued, “we are certain Hamas opened the tunnel solely for the purpose of taking innocent lives, and so for the safety of so many, we regretfully were forced to intercede.”
“These people are freaking nuts,” retorted a Hamas media flack. “We’re buried under rubble here in Gaza drinking our own urine to survive, and those madmen think we built the Lincoln Tunnel? Oh wait, and let me guess, the Americans claim it was all part of Israel’s right to self defense, right? Don’t they even have a new excuse? Try the same line on your wife when you come in late five nights in a row and let me know how that works out for you. Excuse me now, I have to bury my child.”
The IDF plans to take most of the weekend off. “That’s not say we won’t rocket an orphanage or two, but generally speaking we’ve accomplished what we set out to do. Also, none of this is like the Holocaust in any way, so stop that stuff. Are you anti-Semitic?” said the spokesperson.
“Look, hate us if you want to, but if we don’t fight them over there, we’ll just have to fight them here,” concluded the IDF spokesperson.
General Ray Odierno lives in the third person regarding Iraq. “Mistakes were made” for sure, but not by him, even when he was in charge. Somehow the mistakes happened temporally on his watch, but by someone, never named. Certainly not by General Ray Odierno.
Continuing a media-led open sucking chest wound process of giving a platform to those who were responsible for the current disaster in Iraq to explain anew to us what happened in Iraq (short version: they didn’t do it), the Aspen Security Forum featured a long, sad dirge by Odierno on Iraq.
One could presume Odierno knows something about Iraq; he spent a lot of time there in key positions of responsibility and built up quite a resume: From October 2001 to June 2004, General Odierno commanded the 4th Infantry Division, leading the division in combat. He was Commanding General of the Multi-National Corps in during the famous Surge that was fantasized as ending the war. Odierno was also Commander of United States Joint Forces Command, meaning he was in charge of every American service member in the country. It was during this time that Odierno had personal responsibility for implementing General Petraeus’ counter-insurgency doctrine, overseeing the 2010 Iraqi elections that gave Prime Minister Maliki his second term, and working hand-in-hand with the American embassy in Baghdad to ensure the training of the Iraqi police and army before the U.S. retreat from Iraq at the end of 2010. Odierno is currently Chief of Staff of the Army. Tragically, Odierno’s son, an Army captain, was struck by a rocket-propelled grenade in Baghdad in August 2004 and lost his left arm.
So it is with some sad amusement (think slowing down to gawk at a car wreck on the side of the road) to read Odierno’s comments from the Aspen Security Forum. The general was led through his comments by David Sanger of The New York Times. Sanger himself in 2003 was part of the Times’ wholesale acceptance of the Bush White House’s falsehoods on weapons of mass destruction in Iraq, so the two make quite a pair.
But no matter; that was in the hard air of then, this is now.
Here are some key points Odierno made at the 2014 Forum:
— “The country was going in the right direction when the United States left in 2011, but Iraqi leaders overestimated the progress made by their military and government institutions.”
— “The problem in Iraq was not the training of the Iraqi security forces, although their ability to sustain their own training was ‘disappointing.’ The problem was a lack of confidence, trust and loyalty between troops and their leaders because of politicization of Iraq’s military leadership.”
— “Leaders were changed out. Many of them weren’t qualified. There was some sectarian nature to the changes that were made. Members of the Iraqi security forces were unwilling to fight for a government that they perceived as not standing up for all the different peoples of Iraq, so when they were challenged, you saw them very quickly fade away.”
— “But military power isn’t enough to solve the problems in Iraq, or elsewhere in the Middle East for that matter. The lesson here is [that] you’ve got to stand up an institution. And that includes not just a military, but also a functioning government. Iraq will continue to disintegrate if the unity government doesn’t re-form… The good thing about this is they are in the process of forming a new government. They just had an election. The hope is that the government that would come out would be one that clearly supports a unity government as we go forward. Will that solve the problem?” My guess is not completely. But that’s the first step.”
Odierno has rehearsed his lines– from 2010. Here’s what he claimed after the 2010 elections in Iraq: “”Iraqi security forces performed superbly… I think it was very much a success for the Iraqi people yesterday.” He said earlier that same year “Iraq presents a solid opportunity to help in stabilizing the Middle East.” The Washington Post, never a stranger to hagiography, said on Odierno’s departure from Iraq: “He leaves behind a war not yet won, not yet lost and not yet over. The gap has narrowed in one notable way: Iraq’s security forces, trained, equipped and to a large extent designed by the U.S. military, are increasingly professional and competent.”
The very factors Odierno speaks today of almost as if he was an independent third party dispassionately looking back are the same ones he was responsible for resolving over his many years of command in Iraq. Odierno watched as the United States poured $25 billion into training the gleefully third world standard Iraqi Army he now says was not properly trained. He was handmaiden to the 2010 elections that saw the Iranians broker a Maliki victory and the installation of a Shia-based non-representative government. He oversaw the military reconstruction efforts over years of the Occupation that failed (alongside the State Department’s efforts) to create the very institutions whose absence he now decries. Despite all this, the best Odierno can come up with as an explanation for why everything is a mess in 2014 is the Iraqi’s messed up his good work.
But if Maliki is anything more than a talisman for the whole mess of post-2003 Iraq, he was certainly America’s choice (twice) for the role, and it is unfair to simply fob current events off on him, or assume things will turn around when he is sent off-stage like a modern day Ngo Dinh Diem. Same for “the Iraqis,” whoever they are in this context, who have been designated as a group the responsible party for failing to reassemble the broken country the U.S. created, uninvited, and then left for them.
Odierno is far from alone in absolving himself of responsibility for all the good he failed to do. The big difference is that Odierno likely knows better.
While in Iraq, I met Odierno several times. He traveled tirelessly and spoke to everyone. Addressing small groups of his field officers, the general was often more considered in his remarks, and more aware of the nuanced ground truth, than in his photo-op statements. Yet for all his McNamara of 1965-like public optimism during the war, Odierno does not now seem able to rise to the McNamara of 1995 in admitting his shortcomings, and those of his war. In not doing so– as McNamara did when he remained silent over Vietnam for so long– he blocks the lessons of the past from informing the present. Odierno, like all of Washington vis-vis Iraq, seems to believe he is exempt from history.
No one wants to see anyone suffer, Yazidi or otherwise. What we do want is to know the truth about what is going on in Iraq even as Obama continues airstrikes, and prepares to send in 130 more American troops. The 130 additional advisers brings the number of American military personnel in Iraq to more than 1,000.
U.S. officials said they believed that some type of ground force would be necessary to secure the passage of the stranded members of the Yazidi group. The military is drawing up plans for consideration by President Obama that could include American ground troops.
So a couple of questions here.
Long before U.S. airstrikes, the defenseless Yazidi people climbed up that mountain for refuge from ISIS, who supposedly wanted to slaughter them. Why didn’t ISIS just also climb up and then slaughter them? We know ISIS had mortars and actual artillery, because the U.S. later bombed those. Why didn’t ISIS use those weapons to slaughter the Yazidis from afar?
Also, after one or two airstrikes, ISIS became so easy to defeat that the Kurds made it possible for 24,000 Yazidis to walk off the mountain, walk into Syria and then U-turn walk back into Iraq and settle in safely. It begs the question about how surrounded by determined ISIS fighters that mountain really was. It takes a long time for 24,000 people to do anything, and they’d need to be walking a long way during which time they would be vulnerable to ISIS. How could ISIS go from being such a threat that U.S. airpower was essential, to be pushed aside by Kurds who otherwise were having their hats handed to them by ISIS everywhere else?
And after all that, plus more airstrikes, why are there still people up on that mountain without food or water? How was it that 24,000 people could walk away but not everyone? The air strikes are ongoing, and those same Kurds that cleared a path once are still there.
The Iraqi government claims ISIS killed at least 500 Yazidis, burying some alive and taking hundreds of women as slaves. The Iraqi government claimed “Some of the victims, including women and children, were buried alive in scattered mass graves in and around Sinjar.” This was reported by western media, at least one of whom was still ethical enough to add “no independent confirmation was available.” Recent mass graves in a desert area should stand out. This seems like something worth confirming instead of just repeating. What efforts are being made to confirm the information?
If every seat on every helicopter will save a Yazidi child’s life via evacuation, why are seats being allotted to CNN camera crews and other journalists? What is the priority?
What is the thinking about a group the U.S. has long-designated as a terrorist organization playing an active part in rescuing the Yazidis under American air cover? Shouldn’t the U.S. be bombing known terrorist organizations instead of working with them? Isn’t that sort of the actual point of a war on terror, to kill terrorists wherever they are?
Maybe there are good answers to these questions (please share below, with links) but is it at all possible that we’re being sold an emotionally compelling story to justify U.S. military intervention in Iraq? Perhaps that mountain the Yazidis are on has a slippery slope for the U.S.?
As America goes back to war in Iraq with airstrikes, here’s what to know and do instead:
— This is a slippery slope if those words have any meaning left. Airstrikes are in part to protect American advisors sent earlier to Erbil to support Kurds there because Iraqi central government won’t. The U.S. is assuming the role of the de facto Iraqi Air Force. What happens next week, next crisis, next “genocide?” Tell me how that ends.
— Understand how deep the U.S. is already in. It is highly likely that U.S. Special Forces are active on the ground, conducting reconnaissance missions and laser-designating targets for circling U.S. aircraft. If U.S. planes are overhead, U.S. search and rescue assets are not far away, perhaps in desert forward operating positions. Protecting/evacuating Americans from Erbil will be a major military operation. This is how bigger wars begin. Go Google “Vietnam War,” say starting about 1963.
— The U.S. media is playing the meme that the U.S. is worried about Christian minority in Iraq, as a way to engorge the American people with blood. But the media fails to note that over half of Iraq’s Christians were killed or fled during the U.S. occupation. The play in the Arab world that the U.S. cares more about a limited number of Christians now than untold thousands of Muslim lives will not aid U.S. long-term goals.
— The questions of why what is happening in Iraq is “genocide” and why what is happening in Gaza is not remains unaddressed by the United States. Even if Americans are not asking for an answer, many others are.
— Wait a tic– are we again “buying time” by putting American lives at risk so the Iraqis can form a government and reconcile in some short-term thing? Isn’t that what America had been doing since 2003? Wasn’t that what the “success of the Surge” in 2007 was all about? We have seen this movie already friends.
— The only realistic hope to derail ISIS is to alienate them from Iraq Sunnis, who provide the on-the-ground support any insurgency must have to succeed. Mao called a sympathetic population “the water the fish swims in.” Separating the people from the insurgents is CounterInsurgency 101. Instead, via airstrikes, the U.S. has gone all-in on side of Iraqi Shias and Kurds. You cannot bomb away a political movement. You cannot kill an idea that motivates millions of people with a Hellfire missile.
— Sunnis are not confined by the borders of Iraq and this is not a chessboard. U.S. actions toward Sunnis in Iraq (or Syria, or wherever) resonate throughout the Sunni world. There is no better recruitment tool for Sunni extremists than showing their fight is actually against the Americans. ISIS seems to be playing to this, calling the Americans “defenders of the cross.”
— Throughout the broader Islamic world, the takeaway is that again the U.S. unleashes war against Muslims. Nothing can inspire jihad like seeing the struggle in Iraq as one against the Crusaders. ISIS seems to know this, and taunts America into deeper involvement with statements such as “the flag of Allah will fly over the White House.”
— Precise, Surgical Strikes: Sure, just ask those wedding parties in Yemen and Afghanistan how that has worked out. It is near-evitable that mistakes will be made and innocents will die at American hands.
— ISIS’ connections to al Qaeda are tenuous at present. However, just like when Sunnis felt threatened during the U.S. occupation, fear and military needs will inevitably drive them closer to al Qaeda.
— Irony: Back to the Future: U.S. airstrikes on Iraq are being launched from an aircraft carrier named after George H.W. Bush, who first involved the U.S. in a shooting war against Iraq in 1991’s Desert Storm.
— Air strikes will not resolve anything significant. The short answer is through nine years of war and occupation U.S. air power in Iraq, employed on an unfettered scale, combined with the full-weight of the U.S. military on the ground plus billions of dollars in reconstruction funds, failed to resolve the issues now playing out in Iraq. Why would anyone think a lesser series of strikes would work any better? We also have a recent Iraqi example of the pointlessness of air strikes. The Maliki government employed them with great vigor against Sunnis in western Iraq, including in Fallujah, only six months ago, and here we are again, with an even more powerful Sunni force in the field.
— Oh, but what should we do?!?!? The U.S. lost the war in Iraq years ago, probably as early as 2003. It is time to accept that.
Step One: Stop digging the hole deeper (see above, Sunni-Shia-Kurd problem);
Step Two: 2: Demand the Iraqi government stop persecuting and alienating their own Sunni population, the root of these insurgent problems;
Step Three: Demand the Saudis and others stop funding ISIS in hopes of choking back their strength;
Step Four: Demand the Iraqi government launch airstrikes in support of the Kurds as a show of support;
Step Five: Deliver humanitarian aid only through the UN and the Red Crescent. In Vietnam, this mistake was colloquially expressed as “F*ck ‘em, then Feed ‘em.” So instead, divorce the good U.S. stuff from the bad U.S. stuff.
Those things will be a good start. Airstrikes are a terrible start that begs a tragic finish.
Be sure to also see Ten Reasons Airstrikes in Iraq are a Terrible Idea.
Show of hands: anybody out there who heard much of the Yazidi in Iraq before a day or two ago? Because our president is going to re-engage in combat in Iraq to save them. Airstrikes are now authorized!
Save Our Yazidi
Once upon a time placing America’s service people in harm’s way, spending America’s money and laying America’s credibility on the line required at least the pretext that some national interest was at stake. Not any more. Anytime some group we don’t like threatens a group we could care not so much about, America must act to save a proud people, stop a humanitarian crisis, take down a brutal leader, put an end to genocide, whatever will briefly engage the sodden minds of the public between innings and spin up some new war fever. Some of these crisis’ get a brief moment in the #media (Save our girls!), some fizzle and fade (The Syrian people!) and some never even made sense (Somebody in the Ukraine!)
With some irony, “freeing the Iraqi people from an evil dictator” was one of the many justifications for the 2003 invasion.
And so this week, apparently it is the Yazidis in northern Iraq. These people consider themselves a distinct ethnic and religious group from the Kurds with whom they live in Iraq, though the Kurds consider them Kurdish. Their religion combines elements of Zoroastrianism with Sufi Islam. One of their important angels is represented on earth in peacock form, and was flung out of paradise for refusing to bow down to Adam. While the Yazidis see that as a sign of goodness, many Muslims view the figure as a fallen angel and regard the Yazidis as devil-worshippers. Fun Facts: the Yadzidi don’t eat lettuce, either, and also boast a long tradition of kidnapping their wives. The photo above shows them slaughtering a sheep, which they do eat.
Between 10,000 and 40,000 civilians (kind of a big spread of an estimate given how important these people are now to the U.S.) are currently stranded on Mount Sinjar in Northern Iraq without food and water, having been driven out of town by ISIS earlier this week.
So, in response to this humanitarian crisis, or this genocide as the New Yorker called it, Obama’s answer is pretty much the same answer (the only answer?) to any unfolding world event, more U.S. military intervention.
With no apparent irony, the White House spokesperson, surnamed Earnest (honestly, Orwell must be laughing in his grave) said on the same day “We can’t solve these problems for them. These problems can only be solved with Iraqi political solutions.”
Obama also has said U.S. airstrikes on Iraq aim to protect U.S. military advisers in Iraq who one guesses are not part of that political solution by definition.
I feel for anyone suffering, and I have no doubt the Yazidis are suffering. But as we start bombing things in Iraq again, let’s invite Obama to answer a few questions; White House journalists, pens at the ready please:
— Since this is happening in Iraq, and the U.S. spent $25 billion to train the Iraqi Army and sold it some serious weaponry, why isn’t it the Iraqis who will be doing any needed bombing? Is it because they are incompetent, or is it because the Baghdad government is either afraid to operate in Kurdish territory and/or wholly unconcerned what the hell happens up there?
Yep, might be those things. The Yazidis have long complained that neither Iraq’s Arabs nor Kurds protect them. In 2007, in what remains one of the most lethal attacks during the American Occupation, suicide bombers driving trucks packed with explosives attacked a Yazidi village in northwestern Iraq, killing almost 800 people.
— At the same time, since this is happening in defacto Kurdistan, and the U.S. has spent billions there since 1991 and supplied it some serious weaponry, why isn’t it the Kurds who will be doing any needed bombing to protect those they consider their own people? Hmm, just an idea, but the U.S. has recently imposed an economic oil embargo on Kurds to force them to stay with Iraq and they might be unhappy with American ‘stuff right now.
— Outside Kurdistan/Iraq, the other major Yazidi population centers are in Turkey and Iran. So why aren’t they doing any needed bombing?
— If indeed this Yazidi issue is a genocide, why isn’t the U.S. seeking UN action or sanction? The UN has, after all, started safely extracting small number of Yazidis. Could anyone help with that?
— If indeed this Yazidi issue is a genocide, why aren’t any of America’s allies jumping in to assist in any needed bombing? Seriously, if all this is really so important, how come it is just the U.S. involved, always?
— While saving the Yazidis is the stated goal, in fact any U.S. airstrikes are technically and officially acts of war on behalf of the Government of Iraq. And we’re also cool with that, yes?
— And c’mon, isn’t this just a cynical excuse to tug on some American heartstrings, crank up the war fever and get us back into the Iraq war? ‘Cause even if that’s not the intention, it is a likely result.
— And Obama, we’re gonna be cool announcing the loss of American life, again, in Iraq, this time to save the Yazidi? ‘Cause even though there are supposedly no boots on the ground, there is no way you are going to drop bombs near civilians you are trying to protect without Special Forces laying their boots on the ground to guide in the airstrikes. We are not Israelis, after all.
I am quite pleased to have joined the Advisory Board of ExposeFacts.org.
The group’s message is clear: encourage more government officials to blow the whistle. As said on their website, “ExposeFacts.org represents a new approach for encouraging whistleblowers to disclose information that citizens need to make truly informed decisions in a democracy. From the outset, our message is clear: “Whistleblowers Welcome at ExposeFacts.org.”
I’m sort of amazed I fit in alongside the others working with ExposeFacts: Barbara Ehrenreich, Dan Ellsberg, Tom Drake, Jesselyn Radack, Michael Ratner, Matt Hoh, Coleen Rowley, Ann Wright and Ray McGovern. So there’s yer humble brag for today.
I am also quite pleased that half a block from the State Department in Washington, at a bus stop used by America’s diplomats, ExposeFacts erected its first outdoor advertisement encouraging government employees to blow the whistle (photo above; that’s Matt Hoh there, not me). The ad shows Pentagon Papers whistleblower Daniel Ellsberg alongside the words “Don’t do what I did. Don’t wait until a new war has started, don’t wait until thousands more have died, before you tell the truth with documents that reveal lies or crimes or internal projections of costs and dangers. You might save a war’s worth of lives.”
ExposeFacts will erect more such ads at other prominent locations in Washington and beyond. As an advisory board member, I’m glad to report that outreach to potential whistleblowers is just getting started.
(For those new to the blog, I am a State Department whistleblower, so this all resonates with me personally as well as a concerned American. Learn more in my book We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People (American Empire Project))
You can’t get more serious about protecting the people from their government than the Fifth Amendment to the Constitution, specifically in its most critical clause: “No person shall be… deprived of life, liberty, or property, without due process of law.” In 2011, the White House ordered the drone-killing of American citizen Anwar al-Awlaki without trial. It claimed this was a legal act it is prepared to repeat as necessary. Given the Fifth Amendment, how exactly was this justified? Thanks to a much contested, recently released but significantly redacted — about one-third of the text is missing — Justice Department white paper providing the basis for that extrajudicial killing, we finally know: the president in Post-Constitutional America is now officially judge, jury, and executioner.
Due Process in Constitutional America
Looking back on the violations of justice that characterized British rule in pre-Constitutional America, it is easy to see the Founders’ intent in creating the Fifth Amendment. A government’s ability to inflict harm on its people, whether by taking their lives, imprisoning them, or confiscating their property, was to be checked by due process.
Due process is the only requirement of government that is stated twice in the Constitution, signaling its importance. The Fifth Amendment imposed the due process requirement on the federal government, while the Fourteenth Amendment did the same for the states. Both offer a crucial promise to the people that fair procedures will remain available to challenge government actions. The broader concept of due process goes all the way back to the thirteenth-century Magna Carta.
Due process, as refined over the years by the Supreme Court, came to take two forms in Constitutional America. The first was procedural due process: people threatened by government actions that might potentially take away life, liberty, or possessions would have the right to defend themselves from a power that sought, whether for good reasons or bad, to deprive them of something important. American citizens were guaranteed their proverbial “day in court.”
The second type, substantive due process, was codified in 1938 to protect those rights so fundamental that they are implicit in liberty itself, even when not spelled out explicitly in the Constitution. Had the concept been in place at the time, a ready example would have been slavery. Though not specifically prohibited by the Constitution, it was on its face an affront to democracy. No court process could possibly have made slavery fair. The same held, for instance, for the “right” to an education, to have children, and so forth. Substantive due process is often invoked by supporters of same-sex unions, who assert that there is a fundamental right to marry. The meaning is crystal clear: there is an inherent, moral sense of “due process” applicable to government actions against any citizen and it cannot be done away with legally. Any law that attempts to interfere with such rights is inherently unconstitutional.
On September 30, 2011, on the order of the president, a U.S. drone fired a missile in Yemen and killed Anwar al-Awlaki. A Northern Virginia Islamic cleric, in the aftermath of 9/11 he had been invited to lunch at the Pentagon as part of a program to create ties to Muslim moderates. After he moved to Yemen a few years later, the U.S. accused him of working with al-Qaeda as a propagandist who may have played an online role in persuading others to join the cause. (He was allegedly linked to the “Underwear Bomber” and the Fort Hood shooter.) However, no one has ever accused him of pulling a trigger or setting off a bomb, deeds that might, in court, rise to the level of a capital crime. Al-Awlaki held a set of beliefs and talked about them. For that he was executed without trial.
In March 2012, Attorney General Eric Holder made quite a remarkable statement about the al-Awlaki killing. He claimed “that a careful and thorough executive branch review of the facts in a case amounts to ‘due process’ and that the Constitution’s Fifth Amendment protection against depriving a citizen of his or her life without due process of law does not mandate a ‘judicial process.’” In other words, according to the top legal authority in the nation, a White House review was due process enough when it came to an American citizen with al-Qaeda sympathies. In this, though it was unknown at the time, Holder was essentially quoting a secret white paper on that killing produced by the Office of Legal Counsel, located in the department he headed.
In June 2014, after a long court battle to shield the underlying legal basis for the killing, the Obama administration finally released a redacted version of that classified 2010 white paper. In the end, it did so only because without its release key senators were reluctant to confirm the memo’s author, David Barron, who had been nominated by President Obama to serve on the First Circuit Court of Appeals. (Once it was made public, Barron was indeed confirmed.)
The importance of the white paper to understanding Post-Constitutional America cannot be understated. Despite all the unconstitutional actions taken by the government since 9/11 — including striking violations of the Fourth Amendment — this paper is to date the only glimpse we have of the kind of thinking that has gone into Washington’s violations of the Bill of Rights.
Here’s the terrifying part: ostensibly the result of some of the best legal thinking available to the White House on a issue that couldn’t be more basic to the American system, it wouldn’t get a first-year law student a C-. The arguments are almost bizarrely puerile in a document that is a visibly shaky attempt to provide cover for a pre-determined premise. No wonder the administration fought its release for so long. Its officials were, undoubtedly, ashamed of it. Let’s drill down.
Death by Pen
For the killing of an American citizen to be legal, the document claims, you need one essential thing: “an informed, high-level official of the U.S. government [who] has determined that the targeted individual poses an imminent threat of violent attack against the United States.” In addition, capture must be found to be unfeasible and the act of killing must follow the existing laws of war, which means drones are okay but poison gas is a no-no.
The rest of the justification in the white paper flows from that premise in a perverse chain of ankle-bone-connected-to-the-leg-bone logic: the president has the obligation to protect America; al-Qaeda is a threat; Congress authorized war against it; and being in al-Qaeda is more relevant than citizenship (or as the document crudely puts it, “citizenship does not immunize the target”). International borders and the sovereignty of other nations are not issues if the U.S. determines the host nation is “unwilling or unable to suppress the threat posed by the individual targeted.” Basically, it’s all an extension of the idea of self-defense, with more than a dash of convenience shaken in.
When the white paper addresses the Fifth Amendment’s right to due process, and to a lesser extent, the Fourth Amendment’s right against unwarranted seizure (that is, the taking of a life), it dismisses them via the “balancing test.” Not exactly bedrock constitutional material, it works this way: in situations where the government’s interest overshadows an individual’s interest, and the individual’s interest isn’t that big a deal to begin with, and a mistake by the government can later be undone, the full due process clause of the Fifth Amendment need not come into play.
The three-point balancing test cited by the white paper as conclusive enough to justify the extrajudicial killing of an American comes from a 1976 Supreme Court case, Mathews v. Eldridge. There, the court held that an individual denied Social Security benefits had a right to some form of due process, but not necessarily full-blown hearings. In Anwar al-Awlaki’s case, this translates into some truly dubious logic: the government’s interest in protecting Americans overshadows one citizen’s interest in staying alive. Somehow, the desire to stay alive doesn’t count for much because al-Awlaki belonged to al-Qaeda and was in the backlands of Yemen, which meant that he was not conveniently available by capture for a trial date. Admittedly, there’s no undoing death in a drone killing, but so what.
The white paper also draws heavily on the use of the balancing test in the case of Hamdi v. Rumsfeld, in which the U.S. rendered from Afghanistan Yaser Hamdi, a Saudi-American citizen, and sought to detain him indefinitely without trial. After a long legal battle that went to the Supreme Court, the balance test was applied to limit — but not fully do away with — due process. Despite limiting Hamdi’s rights in service to the war on terror, the court was clear: Yaser Hamdi should have a meaningful opportunity to challenge his status. Fearing that giving him his moment in court would expose the brutal reality of his capture, interrogation, and detention, the U.S. government instead released him to Saudi Arabia.
Hamdi’s case dealt with procedural questions, such as whether he should be allowed a trial and if so, under what conditions. As with Mathews v. Eldridge, Hamdi never focused on issues of life and death. Cases can be (re)tried, prisoners released, property returned. Dead is dead — in the case of al-Awlaki that applies to the drone’s target, the balance test, and the Fifth Amendment itself.
What Do Words Mean in Post-Constitutional America?
Having dispensed with significant constitutional issues thanks to some exceedingly dubious logic, the white paper returns to its basic premise: that a kill is legal when that “informed, high-level official” determines that an “imminent threat” to the country is involved. In other words, if the president is convinced, based on whatever proof is provided, he can order an American citizen killed. The white paper doesn’t commit itself on how far down the chain of “high-level officials” kill authority can be delegated. Could the Secretary of the Interior, for instance, issue such an order? He or she is, after all, eighth in the line of succession should the president die in office.
The white paper does, however, spend a fair amount of time explaining how the dictionary definitions of “imminent” and “immediate” do not apply. For kill purposes, it says, the U.S. must have “clear evidence that a specific attack on U.S. persons will take place in the immediate future.” However, the paper goes on to explain that “immediate” can include a situation like al-Awlaki’s in which a person may or may not have been engaged in planning actual attacks that might not be launched for years, or perhaps ever. The paper claims that, since al-Qaeda would prefer to attack the U.S. on a continual basis, any planning or forethought today, however fantastical or future-oriented, constitutes an “imminent” attack that requires sending in the drones.
And if, as perhaps the author of the paper suspected, that isn’t really enough when faced with the bluntness of the Constitution on the issue, the white paper haphazardly draws on the public authority justification. According to this legal concept, public authorities can, in rare circumstances, violate the law — a cop can justifiably kill a bad guy under certain conditions. By extension, the white paper argues, the government of the United States can drone-kill a citizen who is allegedly a member of al-Qaeda. The white paper conveniently doesn’t mention that police shootings are subject to judicial review, and those who commit such unlawful acts can face punishment. The laws behind such a review are unclassified and public, not the rationed fodder of a redacted white paper.
For the final nail in the coffin of some American citizen, the white paper concludes that, Fifth Amendment violation or not, its arguments cannot be challenged in court. In cases of “foreign policy,” courts have traditionally almost always refused to intervene, holding that they are in the realm of the executive branch in consultation, as required, with Congress. Killing an American abroad, the white paper insists, is a foreign policy act and so none of any courts’ business.
Substantive due process legally applies only to legislation, and it is highly unlikely that the Obama administration will seek legislative sanction for its kill process. So it is in one sense not surprising that the white paper makes no mention of it. However, looking at what we can read of that redacted document through the broader lens of substantive due process does tell us a lot about Post-Constitutional America. In Constitutional America, the idea was that a citizen’s right to life and the due process that went with it was essentially an ultimate principle that trumped all others, no matter how bad or evil that person might be. What is important in the white paper is not so much what is there, but what is missing: a fundamental sense of justness.
As medieval kings invoked church sanction to justify evil deeds, so in our modern world lawyers are mobilized to transform government actions that spit in the face of substantive due process — torture, indefinite detention without charge, murder — into something “legal.” Torture morphs into acceptable enhanced interrogation techniques, indefinite detention acquires a quasi-legal stance with the faux-justice of military tribunals, and the convenient murder of a citizen is turned into an act of “self-defense.” However unpalatable Anwar al-Awlaki’s words passed on via the Internet may have been, they would be unlikely to constitute a capital crime in a U.S. court. His killing violated the Fifth Amendment both procedurally and substantively.
Despite its gravity, once the white paper was pried loose from the White House few seemed to care what it said. Even the New York Times, which had fought in court alongside the ACLU to have it released, could only bring itself to editorialize mildly that the document offered “little confidence that the lethal action was taken with real care” and suggest that the rubber-stamp secret Foreign Intelligence Surveillance Court be involved in future kill orders. The ACLU’s comments focused mostly on the need for more documentation on the kills. Meanwhile, a majority of Americans, 52%, approve of drone strikes, likely including the one on Anwar al-Awlaki.
The Kind of Country We Live In
We have fallen from a high place. Dark things have been done. Imagine, pre-9/11, the uproar if we had learned that the first President Bush had directed the NSA to sweep up all America’s communications without warrant, or if Bill Clinton had created a secret framework to kill American citizens without trial. Yet such actions over the course of two administrations are now accepted as almost routine, and entangled in platitudes falsely framing the debate as one between “security” and “freedom.” I suspect that, if they could bring themselves to a moment of genuine honesty, the government officials involved in creating Post-Constitutional America would say that they really never imagined it would be so easy.
In one sense, America the Homeland has become the most significant battleground in the war on terror. No, not in the numbers of those killed or maimed, but in the broad totality of what has been lost to us for no gain. It is worth remembering that, in pre-Constitutional America, a powerful executive — the king — ruled with indifference to the people. With the Constitution, we became a nation, in spirit if not always in practice, based on a common set of values, our Bill of Rights. When you take that away, we here in Post-Constitutional America are just a trailer park of strangers.
“I’m still not sure exactly what happened,” said gaffe-prone, beleaguered Secretary of State John Kerry, “but I’m told I agreed to sanctions on myself.”
In an exclusive, Kerry explained his mistake.
“So there we were in the Middle East. I travel almost constantly, and at my age, even with a large staff, it can get hard to keep track. I mean, have you ever been to the MidEast? Every place looks like every other place. It’s hot, sandy, and each country seems to have some sort of odd headgear. Look, I’m not the first to get confused by all this.”
“Anyway, so I’m tired. We’re in West-Somewhere-Stan, some forsaken patch of garbage with no oil, where the national export is dust, and I’m shaking hands for a photo op with what seems like the same orphan I shook hands in Baghdad, Kabul, Cairo and Tunis. Does that kid travel on the plane with me? We had had some local food for lunch which did not agree with me, and so I proposed sanctioning humus. Maybe it was sort of a joke, maybe I meant Hamas, maybe it was the Ambien talking. Next thing I know, the State Department spokesperson in Washington is telling reporters I have imposed a sanction on a beloved food product.”
“It really hits the fan then. Half the Middle East turns around and imposes retaliatory sanctions on me. Those people can’t agree on something simple like not killing each others’ kids, and bang! overnight they band together on some silly food thing. I had hoped it was going to blow over after another suicide bombing like always, but then Israel joins in the sanctions against me. Cray cray, amiright?”
Kerry leaned over to an aide, who confirmed for him that he had read his printed talking points correctly.
“Can’t be too careful, right?” joked Kerry, now chewing on the edge of the note card.
“So once Israel agreed to join every Arab nation on the planet in sanctioning me, my hands were tied. I mean, when Israel barks, I’m there with a Scooby treat, often a multi-million dollar treat. So, in a show of solidarity with Israel– who indeed has the right to defend itself against me, which I strongly support– I agreed to join the sanctions regime against myself. I even explained that the United States views the situation with concern to make it all official. Tomorrow I’ll add ‘grave concern.’ That’ll show me I mean business about myself.”
“Next thing I know, everybody in the U.S. is on TV about it. I thought nobody actually watched those Sunday morning news shows, but it turns out that Fox has an intern who takes notes if she’s up early. Pretty soon all of the media has opinions on this, some former Ambassador is writing an Op-Ed and then Barack orders me to come home and not leave my room.”
“So we get on the plane and I’m relaxing with a stiff drink when out the window I see three F-18’s escorting us. My pilot tells me they’re trying to force us to land somewhere, saying I’m violating my own sanctions by flying, plus I’m on the No-Fly list now. Guess what? I end up in Moscow! Nearest airport somehow. You’d think they had a lot of places to stay there with capitalism and all, but I found out all the VIPs are stuck in the same place, which was booked solid for the Ukrainian National Day celebration, and I get stuck on Edward Snowden’s couch for the night. Awkward.”
“At least the guy is pretty quiet, though he leaves his towels on the floor in the shower. And who doesn’t flush? But we got along OK and he even helped me with my laptop. The State Department still runs some software thingie I’m told is called “Windows XP” and Snowden told me it hadn’t been ‘patched’ since ‘like when the first Matrix came out.’ I had left the paper with all my passwords on the plane, but he knew mine somehow. He even said he installed a free ‘keylogger’ for me and some other good stuff. I asked him if I needed a new laptop and he was adamant that I should never, ever stop using the one he had installed all that magic stuff on. What could I say? Hah hah, I can’t even program my VCR I told Ed.”
“That was apparently funny, because my aide had to explain to Ed what a VCR was. Ed said ‘LOL,’ which made me feel good after all those sanctions.”
“How it could the day get worse? One word– Vladimir Putin. Really, what is that guy’s problem? Putin shows up on TV opposing sanctions against me. C’mon, does that dude have to oppose everything we do? Yeah, apparently he does. So I have to throw together a press conference where I call out Putin for opposing sanctions on me, and call on the international community to robustly support even greater sanctions against me. The EU issues a statement saying they resolutely aren’t sure what their position is, and the press sniping starts all over. I’m stuck ‘accidentally’ saying into an open mic I’m personally really angry at myself for not upholding the sanctions. What a mess.”
“Next thing I know, my own State Department starts Tweeting about the sanctions, hashtagging my sorry self with junk like #SaveALifeSanctionKerry. Worse yet, they’re sending me emails asking me to approve the Tweets about myself, something about policies come and go but bureaucracy remains. Man, me and Snowden had a laugh about that one. He knew my password for Netflix and so we just chilled after that.”
“So here I am stuck in Russia with all these sanctions on me. I hear Obama is threatening to ‘ratchet down’ the sanctions on me if China doesn’t lower tariffs. I’d like to fly there and sort that out, but with the sanctions I’m really over a barrell. I can’t even use my card at the ATM. At this point I’m not sure what to do next. I’m thinking of calling up Jon Stewart and seeing if he’ll weigh in for me. He’s about the only guy left Barack really listens to. Wish me luck.”
In the world of spying in general, and especially when you’re spying on allied nations, Rule No. 1 is “Don’t Get Caught.” Rule No. 2 is “Make Sure the Juice is Worth the Squeeze.” The U.S. broke both rules, several times, in Germany. For what?
Rule No. 1: Don’t Get Caught
Getting caught spying is never a good idea. Want to end a relationship? Have your girlfriend discover you looking through her cell phone. The same applies to nations. Though the adage “everyone spies on everyone” and its antecedent “spying is the world’s second oldest profession” are true, getting caught trumps both, especially when spying on a friendly nation.
In Germany, the U.S. was caught. Several times.
The Snowden revelations showed that not only did the United States (via the NSA) spy on Germany as a whole, vacuuming up all sorts of communications, but that it drilled down to the level of spying on Chancellor Angela Merkel’s personal cell phone. Recently, however, two more examples emerged.
The first involved a mid-level employee of the German intelligence service, arrested on July 2. The employee, identified only as Markus R., became of interest in May after he sent an email to the Russian consulate in Munich offering classified information. He even attached a sample intelligence document to his email, information suggesting another German official was a Russian spy.
German counterintelligence officials set up a trap, replying to Markus R. using a fake Russian email address, suggesting a meeting. Markus R. didn’t bite. Seeking help, the Germans forwarded Markus’ Gmail address to the Americans, asking if they recognized it. No reply from the Americans. Instead, Markus R.’s email address suddenly shut down. The Germans arrested Markus, who rolled over and provided proof he was spying for the U.S.
That other German official, maybe a Russian spy Markus dangled in front of the Russians? That took a curious twist. It turns out that German intelligence had had the guy on its radar since 2010, and had learned the man had taken trips paid for by an “American friend.” Soon after the Germans raided the guy’s home and, perhaps by coincidence, then immediately expelled the head of the CIA resident in Germany.
How Not to Get Caught
Sometimes things just go belly-up and there is not much you could have done. But often times there are things you could have done.
To begin, one must vet one’s agents, the foreign citizen who is paid to spy for you on his own country. Is he a flake? A fake? A glory seeker, an adventurer, a Walter Mitty-type? Has he shopped his information around to other spies? What is his motivation? If you pay him a lot of money, will he do stupid things like suddenly start buying luxury goods on a clerk’s salary? What are his weaknesses– if he talks too much to you when drunk, maybe he’ll do the same with others. If he can be played with women, men, drugs, gambling or whatever, well, the other side(s) knows how to do that too. The answers to these questions can help predict whether or not he can be trusted. After all, by your choosing to work with him, he now knows some of your secrets too.
Next up is assessing his ability to spy for you without doing things that will compromise the action. Does he understand how to communicate securely, how to be discreet, how to acquire documents without alerting his employer? Is he teachable, can he follow instructions on how to do all those things? If you give him secure ways to communicate, does he use them all the time, or does he panic and call over open channels? (Markus R., after his initial email(s), was apparently given a secure communications device by his American handler.)
What about the host nation? How good are they at counter-intelligence? How good are you at counter-counter-intelligence, knowing what they know about your activities? This dictates how much caution and discretion needs to be involved.
Markus R. apparently offered himself directly to the U.S. via an open email, and then went on to try the same with the Russians. In the latter instance, he communicated openly over Gmail, even attaching a sensitive document. Given the furor over the Snowden revelations in Germany, and his own position inside the German intelligence operation, it is impossible that he was unaware of the boneheadedness of such actions. This should have been a full-blown emergency sign inside the CIA.
Finally, don’t make it easy for the other side to catch you. Slamming shut the Gmail account right after the Germans asked the U.S. about it pretty much sealed the deal.
All of this brings us to Rule No. 2.
Rule No. 2: Is the Juice Worth the Squeeze?
In other words, for any given information (the juice), what effort is required to obtain it (the squeeze)? Similarly, what is the potential fallout if the squeeze is exposed? In the German caper, the violation of Rule No. 2 seems near-complete.
Following the Snowden revelations, it was dead solid perfect obvious that anything to do with additional spying inside Germany, never mind spying on Germany, would be sensitive enough to immediately reach the highest levels of both governments. That should have set off a careful evaluation of activity, with a risk analysis of each and every operation ongoing or planned. The question that should have been being asked was “If this gets out, given the likely bilateral fallout, can we justify that by what we learned?” In other words, was the info acquired so valuable to the U.S. that it was worth the firestorm that followed?
It does not appear that risk analysis was done, or if it was done, that anyone paid attention to it. Though full details are of course (for now…) unknown, it appears that Markus R. did not turn over documents critical to U.S. national security. Some reports claim what he revealed mostly dealt with what the German’s were doing about the earlier NSA revelations. According to one news source, Markus “admitted passing to an American contact details concerning a German parliamentary committee’s investigation of alleged U.S. eavesdropping disclosed by Edward Snowden.”
Though some agents are bought off very cheaply by the CIA, that seems less applicable in a first world nation such as Germany. You often do get what you pay for; the U.S. allegedly only paid Markus R. about $34,000.
Further risk was assumed by possibly involving a third country, also an ally. Reports suggest Markus R. traveled to Austria to meet his CIA handler, and that the whole operation was run primarily out of Austria. That can push the disruption of relations across a second border with little if any potential benefit to the United States.
There have been short-term negatives. The German Interior Ministry said it would cancel a contract with Verizon Communications. “The links revealed between foreign intelligence agencies and firms,” the ministry said in a statement, “show that the German government needs a high level of security for its essential networks.” A lot of rhetoric will pass. There is no doubt that American intelligence officers in Germany will come under greater scrutiny, likely reducing their effectiveness. Some points of intel cooperation between the U.S. and Germany may suffer.
But U.S.-German relations are long, deep and complex. The Markus R. incident, like the NSA revelations, will be hard to track in the broader picture. It will be hard to pinpoint specific changes in the relationship, as they will be subtle if not classified, or because they may not even occur.
Perhaps though the bigger lesson here is more domestic than foreign. Obama claims he was not informed of the Markus R. case, as he claimed he was not informed of NSA spying on Merkel’s cell phone. Was CIA action in the Markus case (and the NSA’s earlier actions) sensitive to their implications? Did the CIA act in concert with broader U.S. government goals and aims, or did they act with a lack of concern? The answers to those questions may tell us more about how things are working inside our own government than anything to do with foreign relations.
BONUS: There is a Rule No. 3, but if I told you that I’d have to kill you…
Film Director Oliver Stone (Platoon, Born on the Fourth of July, Wall Street, Untold History of the United States, W., Nixon, Salvador) endorsed We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People.
Have a look: