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Security

The One Question Congress Must Ask Before Confirming Obama’s CIA Director

The Senate Intelligence Committee will hold a hearing tomorrow on the confirmation of President Obama’s nominee for Director of the Central Intelligence Agency, John Brennan. There are a number of questions Brennan should and needs to answer but the hearing presents the perfect opportunity to get the current top Obama administration counterterrorism official perhaps most closely involved in the targeted killing program against al Qaeda to answer the fundamental question about it: when does it end?

Since his first bid to direct the Agency fizzled in 2008 after questions were raised about his role in the CIA torture program during the Bush years, Brennan has filled an at times more vital role in the Obama administration. Acting as the Assistant to the President for Homeland Security, serving under the National Security Adviser, Brennan has advised the President on counterterrorism for the past four years. As such, his access to the President to weigh in on security matters domestic and international has been almost unparalleled. In the aftermath of the failed Christmas Day bombing in 2009, Brennan authored a scathing review of what was then U.S. counterterrorism policy. While the Newtown tragedy was still ongoing last December, it was Brennan who first briefed Obama about the school shooting.

Brennan’s most controversial role has been his front-and-center position in the Administration’s military campaign against al-Qaeda and its affiliates. The use of targeted killings — most famously executed with drones — against individuals and groups suspect of connection to terrorist groups off the battlefield is by far the most visible outcome of those discussions. In a profile written in the Washington Post, Brennan is identified as the primary supporter of codifying the rules regarding when and where armed drone strikes could be carried out into what’s now called “the playbook” and the benign-sounding disposition matrix that identifies targets for strikes.

So Brennan, then, is ideally positioned to answer the fundamental question that needs to be answered to get a hold on America’s targeted killing program:

What role do targeted killings play in the broader U.S. counter-terrorism strategy and under what circumstances might we cease to employ them?

The question goes beyond the tactic of drone strikes to the conditions that cause them to be used in the first place. As a tactic, drone strikes have garnered significant opposition due to the potential for blowback among the populations where they are utilized, as well as the secrecy that surrounds the CIA’s classified program in Pakistan and moral questions about the serious harm cost in civilian lives the program carries with it. However, whether the program is achieving the ends that the Obama administration seeks, or even an explanation of what those ends are, is often left out of the debate and questioning of government officials.

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Senate Democrats Delay Hagel Vote After Desperate And Unprecedented GOP Stall Tactics

Senate Armed Services Committee chair Carl Levin (D-MI) will reportedly delay the committee’s vote on Chuck Hagel’s nomination to be the next Secretary of Defense. Republicans are demanding that Hagel produce the texts of private speeches he made and disclose the financial dealings of private companies he is associated with. A spokesperson for Levin told ThinkProgress that the committee is “working on their concerns.”

The vote was expected to take place as early as Thursday, but Republicans — led by Sens. James Inhofe (R-OK) and Ted Cruz (R-TX) — asked that the vote be delayed after Hagel — citing legal and logistics issues — said he could not give the them everything they’re asking for.

“It’s up in the air,” the committee staffer told Politico. “Levin isn’t interested in pushing it through against their will. We’re trying to resolve their concerns, and hopefully we can get it addressed by tomorrow,” a committee staffer told Politico on Wednesday.

But now it seems like those concerns won’t be met and it’s unclear just how they can or should be addressed at all, seeing that Hagel has said he doesn’t have the texts of all his private speeches and the business dealings of private companies and organizations Hagel is affiliated with is, as the Atlantic’s Steve Clemons points out, “going to be a really fun slippery slope”:

The entangled relationships of all US senators and spouses would be screened to see what they might be able to cough up about firms they have some connection to but don’t run.

I don’t think we should go down that road — but if Senator Cruz compels it, it should be interesting.

“The committee’s vote on Senator Hagel’s nomination has not been scheduled,” Levin said today in a statement. “I had hoped to hold a vote on the nomination this week, but the committee’s review of the nomination is not yet complete. I intend to schedule a vote on the nomination as soon as possible.”

“If we’re really going to go down this route,” TPM’s Josh Marshall writes, “is it time to air the fact that AEI is partly funded by secret grants by the Taiwanese government (at least as of mid-last decade)?”

Cybersecurity Bill Supporters Regroup As Executive Order Looms

The Hill reports Rep. Dutch Ruppersberger (D-MD), the ranking member of the House Intelligence Committee, plans to re-introduce the Cyber Intelligence Sharing and Protection Act (CISPA), with the committee’s chairman Rep. Mike Rogers (R-MI) this year. CISPA passed the House in 2012 despite significant organized opposition from privacy advocates, but was not considered by the Senate as it focused on its own cybersecurity proposal — one which also stalled, leading to reports the White House plans to issue a cybersecurity executive order calling for the creation of a voluntary program including minimum safety standards in critical infrastructure sectors.

CISPA proposed making information sharing between private companies and the intelligence agencies easier in order to allow collaborative responses to cyberattacks, likely at the expense of internet users’ privacy. While the bill enjoyed the support of many major companies including Facebook, Microsoft, IBM, Oracle, Symantec, AT&T and Verizon, civil liberties organizations expressed major doubts about the proposal and continue to do so. In a comment about renewed interest in CISPA to ThinkProgress today, Gregory T. Nojeim, Director of the Project on Freedom, Security & Technology at the Center for Democracy & Technology said:

“CISPA is deeply flawed. Under a broad cybersecurity umbrella, it permits companies to share user communications directly with the super secret National Security Agency and permits the NSA to use that information for non-cybersecurity reasons. This risks turning the cybersecurity program into a back door intelligence surveillance program run by a military entity with little transparency or public accountability. Members should seriously consider whether CISPA — which inflamed grassroots activists last year and was under a veto threat for these and other flaws — is the right place to start.”

The White House is expected to release a cybersecurity executive order after the State of the Union, although rumors of its imminence have been floating around since September. Nojeim noted that last year there were reasons to be optimistic about the cybersecurity executive order when rumors of it first emerged — including the White House’s threat to veto CISPA.

The executive order wouldn’t be the first foray into cybersecurity for President Obama: He signed a secret directive that redefined some cybersecurity actions previously deemed offensive as defensive in October as part of an effort to enable military personal to be more proactive in thwarting cyberattacks. The move occurred around the same time Secretary of Defense Leon Panetta warned of an impending “cyber-Pearl Harbor.

The threat of cyber attacks on public and private infrastructure is very real, as demonstrated by the huge jump in incidents involving critical infrastructure requiring the involvement of U.S. Industrial Control System Cyber Emergency Response Team jumping from 9 in 2009 to 198 in 2011.

Outside of traditionally defined critical infrastructure, other sectors have also been the target of recent high profile cybersecurity breaches, including many major newspapers and banks.

Former Top U.S. Military Official Warns Iran Attack Would Require Occupation Lasting ‘Tens Of Years’

Then-Vice Chairman of the Joint Chiefs of Staff Gen. James Cartwright in 2010

Former Vice-Chairman of the Joint Chiefs of Staff James Cartwright today said that military strikes on Iran would not completely end its nuclear program.

Appearing at a conference of the Center for Strategic and International Studies titled “Dealing with a Nuclear Iran,” Cartwright laid out what he saw as the difficulties inherent in launching a military strike on Iran’s nuclear program. Topping the former General’s list: the inability of any attack to wipe out the intellectual capital developed by Iran during its research.

An attack on Iran then would be one of delay, according to Cartwright, rather than denying Iran the ability to conduct further uranium enrichment. “You will not kill all of the intellectual capital,” Cartwright said, indicating that would take “tens of years” of occupation if that was the goal of a military strike. “If we want somebody to ‘uninvent’ [knowledge], that’s pretty unrealistic,” Cartwright said.

The calculus that states face today is whether they want to pursue nuclear weapons, Cartwright said, not whether they would have the ability. Iran has not made that choice, Cartwright continued, echoing the assessment of Secretary of Defense Leon Panetta and the U.S. and Israeli intelligence communities. Asked about the worry that the use of force against Iran would prompt the regime to accelerate towards obtaining a nuclear weapon, Cartwright responded that any military activities would have to be considered appropriate to change Iran’s decisions, rather than “reinforce where they were heading.”

The use of military force should only be considered, Cartwright went on, when there is “a problem that diplomacy has run out of tools for, and we want to reset that, so that at the end of conflict, those tools work again.” That reset has to be one that continues to serve an overall diplomatic solution. “You do not end in military conflict,” Cartwright said, noting that planners have to ensure that military tools used fit the desired end state. The policy outlined by the former second highest ranking military officer in the armed services lines up closely with the Obama administration’s stance of “all options remain on the table” when confronting Iran.

Cartwright made sure to stress that those diplomatic tools — including economic sanctions as well as direct talks — have not run out in dealing with Iran. Those talks have to be sure to not be one-sided affairs that include no “win.” “If you’re going to negotiate, you need to understand [your counterpart's] needs, wants and aspirations,” Cartwright said. Finding a way to guarantee Iran’s fears related to its sovereignty, then, “should be a part of the calculation in finding a solution space.” Negotiations between Iran and the P5+1 are scheduled to restart at the end of February in Kazakhstan, after a delay of several months.

Cartwright’s talk mirrored previous statements he’s made on the subject, including when testifying before Congress. Many of the concerns voiced by Cartwright also appeared in a report from The Iran Project on potential military strikes on Iran’s nuclear infrastructure. That report, signed on to many of Cartwright’s former colleagues in the armed services, warned that any strike on Iran would be difficult in nature, with the costs most possibly outweighing the benefits.

Justice

5 Practical Ideas To Rein In The Presidential Power To Kill Americans

Anwar al-Aulaqi, a U.S. citizen killed by a targeted drone strike

Yesterday, NBC News released a Department of Justice white paper concerning the “Lawfulness of a Lethal Operation Directed Against a U.S. Citizen Who Is a Senior Operational Leader of Al-Qa’ida or An Associated Force.” Most of the white paper echoes a speech Attorney General Eric Holder delivered last year laying out the Obama Administration’s criteria for authorizing such a targeted killing, although the paper provides significantly more detail than Holder’s speech about when the administration may deem a targeted attack to be warranted.

It should be noted, as Holder did a year ago, that targeted killings of “specific senior operational leaders” are neither novel nor forbidden by the customary law of war. The United States had the right to target Japanese Admiral Isoroku Yamamoto during World War II, and we were not forbidden from targeting Osama bin Laden because he merely directed attacks against the United States instead of participating in those attacks himself. The DOJ white paper concerns a somewhat more challenging legal question, however — what would have happened if Yamamoto or bin Laden had been born in the United States, and thus enjoyed all rights accorded to U.S. citizens?

Holder previously stated that a high-ranking U.S. citizen enemy combatant would not be targeted unless they pose “an imminent threat of violent attack against the United States,” and much of the commentary on DOJ’s white paper has focused on its expansive definition of what constitutes an “imminent” threat. Under DOJ’s framework, “an individual poses an ‘imminent threat’ of violent attack against the United States where he is an operational leader of al-Qa’ida or an associated force and is personally and continually involved in planning terrorist attacks against the United States.” Ultimately, however, the wisdom of the memo does not flow from whether or not it uses the word “imminent” in the literal sense — it does not — but from whether it provides constitutionally and morally adequate safeguards on top of the “imminence” standard that ensure no American citizen can be killed outside of a narrowly defined, exceptionally rare set of circumstances.

The Constitution provides that no person may be “deprived of life, liberty, or property, without due process of law,” but it gives no further guidance on exactly how much or what kind of process is “due” to a U.S. citizen who becomes a senior leader of our enemies. Normally, Americans look to the judiciary to provide procedural rights, but federal judges are ill-suited for the kind of swift decision within a narrow window of opportunity that is required in this context. The only circumstances in which the targeted killing of a U.S. citizen could ever hypothetically be justified are ones where the citizen is directly engaging in hostilities against the United States — and there’s a reason judges don’t review generals’ targeting decisions before they’re made. Judges specialize in thoughtful, languid decision-making of the kind that often takes months to consider all arguments on both sides of a dispute. And they typically rely on briefing on both sides of an issue — something that is obviously impossible when one party to a dispute is a top-level terrorist about to be targeted by a military strike. It is true that judges do sometimes handle swifter matters, such as authorizing search and arrest warrants, but judges typically have a deep understanding of criminal law and are familiar with the issues that often arise in the criminal context. Few judges are prepared to make a quick judgment on military matters.

But if judicial pre-approval of military orders isn’t a realistic means of regulating targeted killings, DOJ’s framework calls for the other extreme — leaving the decision to kill a senior enemy combatant in the hands of “high-level” executive branch officials who are ultimately responsible to the President. This framework ensures both that decisions can be made swiftly and by officials with a broad understanding of both the details of a particular operation and of the laws governing war. But it also means that there is little external check on an executive branch eager to use its power irresponsibly. And even if you trust President Obama to not abuse a power to order targeted killings, there is no guarantee that the next president can also be trusted.

Between the two extremes, DOJ is probably right as a matter of law that the administration can act without independent oversight. Regardless of the wisdom of the broadly worded Authorization for Use of Military Force against Al-Qaeda and related terrorist forces, the AUMF is a duly-enacted Act of Congress, and the President’s wartime power is at its apex when he acts “pursuant to an express or implied authorization of Congress.”

But the current state of affairs is dangerous at best, and it does not have to be the only way. Since at least as far back as the Supreme Court’s 1804 decision in Little v. Barreme, Congress has had the power to prevent the president from waging war in certain ways. Without endorsing any particular proposal, here are five ways Congress could step into the breach:
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Misreading Tehran In Washington

Iran's Supreme Leader Ayatollah Ali Khamenei

One of the more ridiculous criticisms of Chuck Hagel’s nomination to be Secretary of Defense is the claim that the government of Iran is rooting for him. The idea is that Iran’s rulers are somehow encouraged by President Obama having chosen a Secretary of Defense who has voiced concerns about the possible consequences of a U.S. attack on Iran (concerns shared, of course, by both previous Secretaries of Defense.) The fact that the sum total of evidence for this claim is one misleading CBS News headline (to a story in which the Iranian foreign ministry spokesman responded to the nomination with boilerplate language hoping for “practical changes” to U.S. foreign policy) hasn’t stopped it from hardening into the newest article of neoconservative faith.

In today’s New York Times, RAND Iran analyst Alireza Nader responds to these claims. “The Iranian regime is hardly cheering Hagel on,” Nader writes, “despite what some of his critics say.”

Yes, Hagel sounds cautious about a U.S. bombing campaign against Iran’s nuclear facilities, but such a campaign isn’t what keeps the Iranian supreme leader, Ayatollah Ali Khamenei, up at night. An American strike would spur the Iranian public to rally around the flag and buck up a wobbling, wheezing theocracy — and an Israeli strike would do so in spades.

The Iranian leadership’s real worry is not American planes but Iranian protesters. Their deepest anxieties revolve around a Persian version of Tahrir Square, a replay of the 2009 Green uprising that wasn’t ended by the regime’s violent repression. Strange as it may sound, the Islamic Republic is a lot more frightened of the imprisoned Iranian human rights activist Nasrin Sotoudeh than it is of Israeli Prime Minister Benjamin Netanyahu.

As such, Hagel’s nomination was greeted in Tehran with a shrug, not a sigh of relief. The Islamic Republic hardly thinks that with Hagel nominated, it’s off the nuclear hook. Iran’s leaders see U.S. “hostility” as institutionalized and systematized, not produced by partisan politics or individual appointments. As Hossein Salami, a top-ranking Revolutionary Guards officer, said of Hagel, “We view the United States as a political and ideological system driven by its strategic interests rather than by individual politicians.”

“What the Islamic Republic fears most isn’t that American officials will be blustery and belligerent,” Nader concludes. “It’s that they will be patient and pragmatic.”

The idea that Iran’s rulers are pleased by the prospect of a Secretary of Defense who is cautious about military force (and would be displeased by a Secretary of Defense who appeared less cautious) is based in a fundamental misreading of what the regime actually fears. But don’t expect the fact that President Obama’s efforts to reasonably engage with Iran have done more to isolate it than all of the Bush administration’s threats ever did to make any dent in U.S. hawks’ apparently unshakeable belief in the transformative power of bluster.

National Security Brief: Republicans Getting Desperate On Hagel


Foreign Policy magazine reported on Tuesday that Republicans on the Senate Armed Services Committee are looking for ways to hold up the committee’s vote on Chuck Hagel’s nomination to be the next Secretary of Defense. Committee member Sen. Jeff Sessions (R-AL) said they want more information on the contents of Hagel’s private speeches he gave in recent years and who paid for them. The committee Republicans also seem to think they see an issue regarding an alleged sexual harassment incident between two former Hagel staffers during his time in the Senate. A former top Hagel staffer said the matter was handled internally and was not brought to the senator’s attention but Sessions says he wants to know more. “It should be analyzed and we should find out what happened,” Sessions said. “I know the staff is looking at it. Pretty soon we’ll get a final report on what the facts are.”

While CNN reported on Tuesday that “there are now at least five Republican senators who would oppose a filibuster of former Sen. Chuck Hagel to be secretary of defense, all but ensuring the embattled nominee will be confirmed in the coming days,” other desperate Republicans are calling on President Obama to withdraw Hagel’s nomination.

In other news:

  • The AP reports: Uncomfortable with the Obama administration’s use of deadly drones, a growing number in Congress is looking to limit America’s authority to kill suspected terrorists, even U.S. citizens. The Democratic-led outcry was emboldened by the revelation in a newly surfaced Justice Department memo that shows drones can strike against a wider range of threats, with less evidence, than previously believed.
  • Global Security Newswire reports: Senior Obama administration officials in the last week have launched a series of trips to foreign capitals in what experts described as a push to reinvigorate President Obama’s nuclear arms control agenda as he begins his second term in office.
  • The White House announced that Obama will travel to the Middle East his spring, visiting Jordan, Israel and the West Bank. +972 Magazine’s Noam Sheizaf urges Obama to push Israeli Prime Minister Benjamin Netanyahu for peace with the Palestinians.
  • Reuters reports: Turkey must speed up its reforms of legislation such as the sweeping anti-terrorism laws under which dozens of journalists have been jailed, the head of the Council of Europe said on Tuesday.
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