Archive for the ‘CIA’ Category

Benghazi reactions: Commentary, opinion and analysis

Thursday, May 16th, 2013

You can fool some of the people all of the time, and all of the people some of the time, but you can not fool all of the people all of the time.
–Abraham Lincoln, (attributed)

Commentary and Opinion on Benghazi

Jonah Goldberg (op-ed), “Benghazi’s smoking guns; There’s an arsenal worth, from testimony at congressional hearings to the State Department’s flawed internal review to the four dead Americans,” Los Angles Times, May 14, 2013.

Thomas Sowell, “Lies, darn lies and Benghazi,” The Patriot-News (Penn.), May 16, 2013 (updated May 16, 2013 at 8:16 AM).

Scott Wilson, “Benghazi e-mails released by White House,” Washington Post, May 15, 2013 (at 5:20 pm). The article contains a link to the e-mails that were released.

Peggy Noonan, “The Inconvenient Truth About Benghazi Did the Obama administration’s politically expedient story cost American lives?” The Wall Street Journal, May 10, 2013 (Updated 6:41 p.m. ET).

Brett Stephens, “The Kissinger Question: Does America need a foreign policy? Obama thinks not,” Wall Street Journal, May 13, 2013 (8:35 p.m. ET)

Charles Krauthammer, “Redacted truth, subjunctive outrage,” Washington Post, May 17, 2013.

Analysis

The so-called “Benghazi talking points” are merely the symbol, the tip of the iceberg so to speak, for something much bigger.

     Credibility

We now know that the Obama administration lied to the American people about Benghazi.

We now know how the Obama administration lied to the American people about Benghazi.

We now know that the initial lie, represented by Susan Rice’s talk show appearances on September 16, was followed by other lies, by a cover-up of the initial lie. White House Press Secretary Jay Carney told the press, for example, that the White House made only one or two stylistic changes to the talking points, such as using another term instead of the “consulate” in Benghazi (there was no consulate, just a CIA black operation).

But we now know that the White House insisted that the State Department’s concerns be taken into account, that a Principals Deputies Committee meeting was held (under National Security Council procedures) on September 15, hours before the talking points were given to Susan Rice on the eve of her Sunday talk show appearances, that the State Department pushed hard for the elimination of any references to prior warnings about the tenuous situation in Benghazi, or to the involvement of terrorist organizations or al-Qaeda affiliates in the attacks, and that the talking points that emerged from that Deputies meeting adhered to the State Department’s demands.

We now know that the Obama administration employs the massive apparatus of the state to manage the news, subjecting something as straightforward as telling the American people why and how four Americans, including their Ambassador, were killed in Benghazi on September 11-12, 2013, to endless convolutions of negotiated texts which had as their aim to downplay or obfuscate the known facts: the attacks in Benghazi were carried out by terrorist organizations with links to al-Qaeda, including Ansar al-Sharia.

We now know that we cannot take anything Jay Carney or Barack Obama says at face value.

President Obama’s credibility is in a free fall, whereas that of his press secretary has already hit the earth, shattered. Obama doesn’t understand these facts. Until he does, and takes forceful corrective action, his presidency will be crippled.

And this is only the tip of the iceberg.

     Incompetence

Beneath this tip of the iceberg, the release of the e-mails reveals a shocking level of incompetence in the White House foreign policy team’s management of the Benghazi talking points and crisis. They were concerned about the the prejudicial impact of statements based on the talking points on judicial proceedings that might result from the FBI’s investigation into who was behind the attack!

Wait a minute!

Since when does the U.S. government ascertain who is behind events in foreign countries through an FBI investigation? Doesn’t the FBI investigate crimes within the U.S., and aren’t the CIA, other intelligence agencies, and the State Department responsible for reporting on the causes of events abroad? To be sure, the FBI may be called in when its special expertise is needed, as in the USS Cole investigation in Yemen in 2000, though in retrospect even that precedent raises serious questions.

But what utter incompetence and confusion can explain the fact that the Obama administration, in response to a terrorist attack on what was essentially a CIA black operation in Benghazi, resulting in the deaths of four Americans including the Ambassador, assigned responsibility for ascertaining who was behind and participated in the attack to…the FBI?

With regard to Benghazi, we seem to have encountered the perfect marriage of supreme incompetence and politically motivated manipulation of the facts presented to the American people.

The situation is much worse than we thought.

Democrats Must Come Forward

This is not ultimately, or should not be, a partisan issue.

For the good of the Republic, one can only hope that Democrats will now come forward to force the president to look at and face the facts, as others see them, and to quickly take whatever actions may be necessary both to organize his foreign policy team so that competent people are in charge, and to revamp his communications strategy and personnel in order to restore his credibility, starting by shooting straight with the American people.

The Trenchant Observer

Obama and…the AP phone records, Benghazi, the IRS, or Syria?

Monday, May 13th, 2013

It’s hard to know which of today’s news stories in the U.S. is of greatest significance. Here are a few of the possibilities:

1. Obama continues stonewalling on Benghazi. Credibility in free fall.

2. Jay Carney has lost all credibility for truthfullness, and should resign.

3. Obama punts on chemical weapons “red line”, plays Russians’ game in Syria–Again! Just like one year ago. Obama unable to think or act strategically. Iran understands Obama’s threats are just words, not backed by action. Nuclear program proceeds.

4. Obama escalates news management operation with assault on freedom of the press in AP phone records affair, with chilling effect. If you publish a story the Obama team doesn’t want circulating, they will come after you and hurt you. Meanwhile, Holder’s leaks’ investigations go nowhere.

5. Benghazi subjected to terrorists attacks–today! Middle East in revolutionary turmoil, while U.S. strategy is in a shambles, or non-existent.

6. Kerry allows self to be humiliated by Putin, waiting three hours to see the czar. He came to Moscow begging, with a hopelessly weak hand on Syria. What did he expect? At least he might have left for the airport, and arrived in Washington before Russia’s shipment of a new air defense system arrived in Syria.

7. Maduro consolidates Chavista take-over through fraudulent elections in Venezuela. U.S. has forgotten where Venezuela is exactly–just somewhere near Cuba.

8. U.S., unwilling to lead in Syria, fosters divisions among allies in the Persian Gulf

9. Taking a page from Nixon, Obama targets political opponents through IRS.

10. Little hope for coherent US. foreign policy strategy and implementing actions. Kerry’s ineptitude in Moscow shows “the gang who couldn’t shoot straight” will continue to call the shots from the White House.

11. Who does President Obama remind you of more, Winston Churchill or Neville Chamberlain?

Upon reflection, perhaps it’s better not to write about any of these stories, at least not tonight. The disaster is too big. A larger canvas is needed.

The Trenchant Observer

Benghazi and Beyond

Friday, May 10th, 2013

After the Congressional testimony before a House subcommittee on Wednesday, May 8, 2013, new attention has been directed to the facts of the Beghazi affair. The North American Editor of BBC News has written, for example, that “heads will roll”.

See Mark Mardell (North American Editor), “After Benghazi revelations, heads will roll,” BBC News, May 10, 2013.

In order to understand the signficance of the Benghazi affair, it is important to recall how it has unfolded. For a detailed analysis of this saga, in roughly chronological order, see the following articles previously published by the Trenchant Observer:

New York Times makes ad hominem attack against Senator Lindsey Graham (R–South Carolina), February 13, 2013

Hillary Clinton, Barack Obama, and the foreign policy “successes” of our celebrity leaders, February 2, 2013

Hillary Clinton and “The Benghazi Triangle”—where careers and reputations vanish without a trace, December 17, 2012

Lies, Spies and Politics: The Incredible Evolution of the Benghazi “Talking Points” Narrative–Part II, November 27, 2012

Lies, Spies and Politics: The Incredible Evolution of the Benghazi “Talking Points” Narrative–Part I, November 22, 2012

Possible motives for forcing Petraeus resignation, November 19, 2012

Deliberate ambiguity: Talking points, and what Susan Rice said on September 16 talk shows, November 16, 2012

Petraeus, Allen, Benghazi potpourri, November 16, 2012

Benghazi machinations continue: CIA announces investigation of Petraeus on eve of his testimony to Congress, November 16, 2012

Chain-of-command failure? Benghazi and the ghost of “Black Hawk Down”; Obama’s credibility (Updated November 15), November 14, 2012

All Eyes on Benghazi: The Petraeus Affair, Allen’s e-mails, and other distractions, November 13, 2012

Collateral damage: Holly Petraeus, and other victims of the Petraeus affaire (II), November 11, 2012

Collateral damage: Holly Petraeus, and other victims of the Petraeus affair, November 11, 2012

On eve of testimony to Congress on Benghazi, CIA Director David Petraeus forced out over an affair, November 9th, 2012

Benghazi update: New questions raised on intelligence, decision-making failures (Updated November 6, 2012), November 5, 2012

New details on Benghazi attack on consulate, American response, October 13, 2012

No time for cowboys: U.S. preparation for reprisals against Libyan targets, October 3, 2012

U.S. Ambassador to Libya murdered during assault on American consulate in Benghazi, September 12, 2012

The Ultimate Questions

At the end of the day, the most important questions that remain unanswered are the following:

1. What did the President know, and when did he know it?

2. What was the involvement of the President in the decision making on the night of September 11-12?

3. What orders did the President issue to the military and other agencies (such as the CIA) on the night of September 11-12, 2012?

4. What recommendations for military action did the President receive from the Joint Chiefs of Staff, and what was his response to these recommendations?

The Trenchant Observer

REPRISE: “Looney Toons” at the White House: New York Times article details Obama’s thinking on Syria—Obama’s Debacle in Syria — Update #45 (May 27, 2012)

Tuesday, May 7th, 2013

Introduction to the REPRISE (May 7, 2013)

So, Obama’s “red line” on the use of chemical weapons in Syria turns out to be a red line that leads directly to the Kremlin.

What American diplomacy has failed to achieve, spectacularly, Obama and Secretary of State John Kerry now think they can achieve by talking to Putin and Lavrov.

Well, maybe. But hardly likely. Lavrov and Putin now achieve their goal of holding the conference Kofi Annan conjured up as one of his last “castles in the sky” at the conference held at Geneva on June 30, 2012.

How this will stop the killing in Syria is anyone’s guess.

It is just words, words to get Obama off the hook for his “red line” comment, which have come back to haunt him now that al-Assad has used chemical weapons in Syria.

Now that Obama is once again seeking a solution by going to the Russians, who have steadfastly supported al-Assad in his commission of war crimes and crimes against humanity, we can all breathe a sigh of relief. See the following Reprise from the Trenchant Observer to understand just how pitiful this last move by Obama and “the gang who couldn’t shoot straight” is.

Sadly, our hopes in John Kerry seem to have been misplaced.  He appears now to have joined “the gang who couldn’t shoot straight”.  His role will be to do Obama’s bidding.  Obama will continue to control foreign policy from the White House, guided by assistants such as Ben Rhodes.

If this course is not corrected, the disasters of Obama’s first term are likely to be repeated, on a much grander scale with much graver consequences.

REPRISE: “Looney Toons” at the White House: New York  Times article details Obama’s thinking on Syria—Obama’s Debacle in Syria — Update #45 (May 27)

Originally published May 27, 2012

looney-tunes
adj.
[after Looney Tunes, trademark for a series of animated cartoons] [Slang] crazy; demented: also loon’ y-tunes

***
loony
[Slang]
adj.
loon’i-er, looní-est [LUNATIC] crazy; demented
n.,
pl. loon’-ies a loony person Also loon” ey, pl. -eys

***
–Webster’s New Worl Dictionary

**************************************************

In a front-page article in today’s New York Times, Helen Cooper and Mark Landler describe the thinking behind President Obama’s policy towards Syria. They report,

WASHINGTON — In a new effort to halt more than a year of bloodshed in Syria, President Obama will push for the departure of President Bashar al-Assad under a proposal modeled on the transition in another strife-torn Arab country, Yemen.

The plan calls for a negotiated political settlement that would satisfy Syrian opposition groups but that could leave remnants of Mr. Assad’s government in place. Its goal is the kind of transition under way in Yemen, where after months of violent unrest, President Ali Abdullah Saleh agreed to step down and hand control to his vice president, Abdu Rabbu Mansour Hadi, in a deal arranged by Yemen’s Arab neighbors. Mr. Hadi, though later elected in an uncontested vote, is viewed as a transitional leader.

The success of the plan hinges on Russia, one of Mr. Assad’s staunchest allies, which has strongly opposed his removal.

–Helen Cooper and Mark Landler, “U.S. Hopes Assad Can Be Eased Out With Russia’s Aid,” New York Times, May 27, 2012.

President Obama, administration officials said,

will press the proposal with President Vladimir V. Putin of Russia next month at their first meeting since Mr. Putin returned to his old post on May 7. Thomas E. Donilon, Mr. Obama’s national security adviser, raised the plan with Mr. Putin in Moscow three weeks ago.

Donilon, who is not a seasoned diplomat, apparently did not impress Putin, judging by the latter’s cancellation of his participation in the G-8 summit at Camp David on May 18-19.

The biggest problem with the Yemen model, several experts said, is that Yemen and Syria are starkly different countries. In Yemen, Mr. Saleh kept his grip on power for three decades by reconciling competing interests through a complex system of patronage. When his authority collapsed, there was a vice president, Mr. Hadi, who was able to assert enough control over Yemen’s splintered security forces to make him a credible transitional leader.

In Syria, by contrast, Mr. Assad oversees a security state in which his minority Alawite sect fears that if his family is ousted, it will face annihilation at the hands of the Sunni majority. That has kept the government remarkably cohesive, cut down on military defections and left Mr. Assad in a less vulnerable position than Mr. Saleh. Even if he leaves, American officials conceded, there is no obvious candidate to replace him.

The sheer incompetence of this White House on foreign policy matters is stunning.

Paradoxically, among a number of news commentators within the Washington bubble, Obama is viewed as doing pretty well on foreign policy, particularly since taking out Osama Bin Laden. None of these commentators are foreign policy experts with any experience, however. Further, Democratic foreign policy experts have largely held their silence, probably out of concern that criticism could help the Republicans in the November elections. Moreover, Obama has since his first days in office charmed the press, and many reporters and commentators are simply unwilling to criticize the administration on foreign policy issues in any fundamental way.

Significantly, the Washington Post, which is the one newspaper read by most government officials in Washington, has simply failed to cover Syria with a reporter, usually being content to just run the AP wire story. What contributions they do make are limited in the main to stories providing information by administration officials, named and unnamed.

The Editorial Board, on the other hand, has written some clear-minded editorials on Syria. The disconnect betwee the Editorial Board and the reporting side of the newspaper is hard to understand, especially in view of the Post’s illustrious history.

Despite the reputed “successfulness” of the administration’s foreign policy leadership–which analytically does not stretch beyond the fact that it has not become an issue which hurts the Obama in the presidential race, the utter lack of serousness of Preident Obama and the White House on Syria is exposed for all to see in today’s New York Times article by Cooper and Landler.

Washington’s response to Moscow’s callous support of al-Assad as he killed thousands of people through war crimes and crimes against humanity is on a par with Éduoard Daladier’s and Neville Chamberlain’s betrayal of Czechoslovakia in October, 1938, when they signed “the Munich Pact”.

One of the first betrayals on Syria was with Turkey:

Secretary Clinton caught her Turkish counterpart off guard during their meeting in Washington last month. Clinton reportedly told Foreign Minister Ahmet Davutoglu that the Obama Administration “preferred going through the Russians” in an attempt to achieve a political solution being shopped by the UN/Arab League’s Special Syrian Envoy Kofi Annan.
–Amb. Marc Ginsberg, “Syria Is Obama’s Srebrenica,” Huffington Post (The Blog), March 28, 2012 .

On the U.S. decision to sell out its regional allies and to work through Russia instead, see

The Trenchant Observer, “The emperor has no clothes”: Foreign policy without a moral core—Obama’s Debacle in Syria — Update #19 (March 29), March 29, 2012.

The Trenchant Observer, “Into the Abyss: Washington’s Fecklessness, Syria’s Fate—Obama’s Debacle in Syria — Update #20 (March 30), March 30, 2012.

The reader is invited to read the Observer’s recent articles on Syria, and to draw his or her own conclusions as to whether Obama, Donilon, Clinton and the rest of the administration’s foreign policy team are conducting a competent foreign policy, first of all in Syria, but also everywhere else.

In the Observer’s opinion, this team is “the gang who couldn’t shoot straight”. For example, the Sixth Summit of the Americas, held in Cartagena, Colombia on April 14-15, was totally overshadowed by the prostitution scandal involving members of the Secret Serivce and the U.S. military. Little press attention was given to the substance of the meeting, the most important of the year with the leaders of the Latin American countries.

See Brian Ellsworth (Cartagena, Colombia), “Despite Obama charm, Americas summit boosts U.S. isolation,” April 16, 1012.

Now, on the Syrian question, by following a path of “working through the Russians”, the Obama administration has given up its last shred of moral legitimacy in the Middle East. Between al-Assad, Russia, China, and Iran, on the one hand, and the people of Syria, Turkey, Qatar, Saudi Arabia and other Arab countries, on the other, and in the face of immense human suffering and the ongoing commission of war crimes and crimes against humanity by the al-Assad regime, the United States is pursuing a strategy of “working through the Russians.”

Obama is incompetent as a foreign policy leader. Former Ambassador Marc Ginsberg is to be congratulated for his moral courage in speaking out on the question of Syria, in a clear voice.

What the United States needs, desperately, is for other foreign policy experts–and national leaders–to speak out with equal clarity, be they aligned with the Democratic Party in the United States, with the Republicans, or from other countries that are friends of the United States.

In the meantime, the international community would do well to look elsewhere than to the United States for leadership on the Syrian question.

See The Trenchant Observer, “At least 70 killed nationwide; massacre of 50 in Houla; U.N. International Commission on Syria Update—Obama’s Debacle in Syria — Update # 43 (May 25),” May 25, 2012.

The Trenchant Observer, “Chief of UN Observers confirms massacre at Houla; NGOs report 35 children and total of 110 killed—Obama’s Debacle in Syria — Update #44 (May 26),” May 26, 2012.

The Trenchant Observer

Hamid Karzai’s Scurrilous Attacks on the U.S. in Afghanistan

Thursday, March 14th, 2013

Recent News and Opinion

Alyssa J. Rubin, News Analysis: Karzai Bets on Vilifying U.S. to Shed His Image as a Lackey,” New York Times, March 12, 2013

Alyssa J. Rubin and Rod Norland, “U.S. General Puts Troops on Security Alert After Karzai Remarks,” New York Times, March 13, 2013

Leslie H. Gelb, “To Hell With Karzai,” The Daily Beast, March 12, 2013 (4:45 AM ET)

Ewen MacAskill (in Washington), “White House: claims of US collusion with Taliban ‘categorically false’; Obama spokesman rejects Karzai’s criticism of US as Afghan in police uniform kills seven including two American troops,” The Guardian, March 11, 2013 (15.51 ET)

Analysis

The United States has tolerated Hamid Karzai’s scurrilous attacks on the U.S. over the years, reacting with “understanding” that, e.g., Karzai is speaking to a domestic audience, or is acting crazy again.

But the U.S. has never reacted to these outrageous attacks with any understanding of their impact in a culture based on honor, and as a result has suffered the double humiliation of being attacked falsely and of being viewed as not having the courage to defend one’s honor.

Such attacks have worked for Karzai in the past, due to the American insistence that its envoys and military commanders get along with the green-caped magician. Karzai has proven far more adept than his allies at manipulating the other party or parties in an alliance which has kept him and the country’s corrupt political elite in power at the cost of U.S. and allied soldiers’ and civilians’ lives, and billions of dollars funneled into the coffers of government officials in what Dexter Filkins has quite aptly termed “Corruptistan”.

In 2009, the U.S. and NATO had a chance to bring Karzai to heel when decisions were being made on whether to insist that a second round in the presidential elections in Afghanistan actually be held, following the first-round elections held on August 20. Karzai’s fraud was so immense, that even the International Elections Commission, which found electoral corruption sufficient to require a second-round run-off,  barely touched the surface of the real fraud, due to the highly selective criteria it used to sample precincts for voting abuses.

The United States blinked, and backed Karzai instead of the democratic project the elections had been intended to further.

In view of the American backing of Karzai and the latter’s failure to guarantee that the second-round election would be fairly conducted, Abdullah Abdullah, the candidate who came in second with backing from the Northern Alliance and others, withdrew.

In any event, it had been obvious for some time that Karzai was the favored candidate of the U.S., for reasons which may have included his brother’s involvement in Kandahar with the CIA as well as that of many other high government officials who were on the CIA payroll.  While there is no public evidence of direct involvement of Hamid Karzai with the CIA, such a relationship now or in the past seems quite plausible given the CIA’s penetration of the highest ranks of the Afghan government, and therefore cannot be ruled out.

For whatever reasons, America could not break with Karzai.

As a result, without improvement of governance in the country to keep pace with military gains, Afghanistan now faces a period of growing instability in which it is fairly likely that the Taliban will achieve increasing control of the countryside as U.S. and ISAF forces draw down and essentially withdraw from the country.

Obama’s decisions in 2009 relating to the presidential elections constituted one of his worst foreign policy failures since assuming office.

The fact that the elections and decisions regarding the holding of the second-round election were not addressed within Obama’s much-touted Afghanistan policy review group revealed either the president’s incompetence in the foreign policy arena, or the fact that he and the CIA had decided issues relating to Karzai outside of the Afghan policy review process, or both of the above. The fact that then CIA Director Leon Panetta did not attend the last sessions of the policy review group lend support to the second hypothesis.

As for Karzai, Thomas Friedman predicted with unerring accuracy the following in an op-ed piece in March, 2010:

We have thousands of U.S. troops on the ground in Afghanistan and more heading there. Love it or hate it, we’re now deep in it, so you have to want our engagement there to build something that is both decent and self-sustaining — so we can get out. But I still fear that Karzai is ready to fight to the last U.S. soldier. And once we clear, hold and build Afghanistan for him, he is going to break our hearts.
–Thomas L. Friedman, “This Time We Really Mean It,” New York Times, March 30, 2010

As long as Karzai is calling the shots, the chances for the kinds of improvements in governance that are required for the government to remain in power and hold off the Taliban after the draw-down and departure of U.S. and ISAF troops do not appear great.

The Trenchant Observer

For (numerous) previous articles on Afghanistan by the Trenchant Observer, use the Search box in the upper right-hand corner of the home page.

Senate confirms John Brennan as CIA Director—with tally and breakdown of vote

Friday, March 8th, 2013

The United States confirmed the nomination of John Brennan to be Director of Central Intelligence on Thursday afternoon, March 7, 2013, by a vote of 63-34, with three Senators not voting.

See the official vote tally, with a break-down by senator, state, and party, here.

(http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=113&session=1&vote=00032)

Senator Rand Paul’s filibuster on March 6 succeeded in enlisting a large number of Republicans to vote against the Brennan nomination.

The questions Paul raised go far beyond whether a president may kill an American citizen in the United States by a drone strike. A number of questions raised by Paul, and other critics including The Trenchant Observer, remain unanswered.

They are not academic questions. They call out not for more fancy legal analysis, bur rather for actions by Senators, Congressmen, and citizens to stop the Obama administration from violating international law and the Constitution, and to force the administration to publish—for all—their secret legal memoranda, so that citizens can react to uphold the rule of law, and leading scholars, foreign countries, and the judges of international tribunals may answer U.S. claims in their writings, state practice (official reactions by other countries), and judicial decisions.

The Trenchant Observer

UPDATE (MARCH 6) WITH LINKS TO SENATOR RAND PAUL FILIBUSTER; REPRISE: Secret Laws, the John Brennan vote, and the rule of law

Sunday, March 3rd, 2013

SENATOR RAND PAUL FILIBUSTER UPDATE

At 12:39 a.m. EST, Senator Rand Paul concluded a filibuster on the floor of the U.S. Senate that lasted more than 12 hours, conducting a rare “speaking” filibuster of the confirmation vote for John Brennan to be CIA Director. Brennan was approved by the Senate Select Committee on Intelligence earlier by a vote of 12-3.

The filibuster was carried live on C-Span II.

See C-SPAN for the archived debate up to the present, here.

Brennan is expected to be confirmed shortly.

But historians will look back at this dark period in which America abandoned the rule of law, and ask, “Who Spoke Up? Who opposed such actions?” Rand Paul will have a privileged place in the history they write. At least one Senator took this set of issues beyond the comfort zone. Others will stand up in voting against the Brennan nomination, some for the reasons set forth by Paul and in the article reproduced below.

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REPRISE: Secret Laws, the John Brennan vote, and the rule of law

We must bear witness to the truth and fight to uphold the rule of law.

Originally published February 24, 2013

Let  us step back for a moment from the details of what John Brennan is saying now in order to get confirmed by the Senate as CIA Director.

The Senate Select Intelligence Committee vote on his confirmation, like the full Senate vote that may follow, poses fundamental moral and political questions for the Senators who will be voting.  Because the Brennan confirmation itself raises key questions regarding the struggle against terrorism and the rule of law, they will in effect be voting for a definition of American democracy as it exists today, in 2013.

Moreover, because the U.S. has been been viewed over the centuries as a beacon of liberty, their votes will have far-reaching impacts throughout the world, where the nature of democracy is also at issue.

Most importantly, perhaps, their votes will engage their own individual moral responsibilty for government actions which they, whether by acquiescence or affirmation, in effect approve of by their votes on the Brennan nomination.

These questions go to the heart of what it means to say America is a democratic nation governed by the rule of law.

In a democracy, can the government rule by secret laws?

In a democracy, can secret decrees or interpretations of legal authority be used to authorize or condone acts of torture, extraordinary renditions, or targeted killings?

What is the difference between secret star chamber proceedings in a dictatorship and secret proceedings in the U.S. Executive Branch by which it is decided that the right to life of a U.S. citizen, or a foreign citizen for that matter, is to be extinguished and that individual is then killed?

What does it say about American democracy today, in 2013, if Executive branch claims of legal authority to act extra-judicially to kill citizens of the U.S. or other countries are tacitly accepted, when the legal justifications for such actions are held in secret from the public and the Congress as a whole?

What does it say about American democracy when the constitutionality and legality of such actions, purportedly authorized by secret legal memoranda, are not subject to judicial review as a result of the Executive’s’ invocation of the “state secrets privilege”, whose broad interpretation by the Bush and Obama administrations the courts have not yet had the courage to strike down?

Can the American Democracy be said to be based on the rule of law, in 2013, under these circumstances?

Mr. Brennan is by all accounts the chief architect under Mr. Obama of the targeted killings programs of the Obama administration. In all likelihood, he is the single person who has done the most to persuade Mr. Obama, a former President of the Harvard Law Reviw and a former adjunct professor of Constitutional Law at the University of Chicago Law School, to go over to “the dark side”.

He did so in part by offering Obama moral justifications based on so-called “just war theory” going back to St. Thomas Aquinas, while ignoring the last century of developments in international law and the historical lessons they embodied.

In addition, Mr. Brennan has a deep association with the torture and extraordinary renditions programs of the Bush administration. He was unable, at his February 7, 2013 confirmation hearing before the Senate Select Intelligence Committee, to state clearly that “waterboarding” constitutes torture. Throughout his testimony he referred to acts of torture as “enhanced interrogation technicques” or, in even more Orwellian shorthand, as “EITs”.

Further, if one examines carefully the transcript of the Frebruary 7 confirmation hearing, one finds that he is a master of circumlocution and verbal legerdemain, and of telling political superiors what they want to hear.

Will he be able to enforce U.S. and international legal obligations prohibiting torture within the Central Intelligence Agency?  This appears hardly likely in view of his past, and his unwillingness to admit that even waterboarding is torture.

He has also said that the Bush torture program of enhanced interrogation techniques “saved lives”.  If he believes that to be the case, and the efficacy of torture is the standard to be applied, it is hard to see how he might avoid giving others in the CIA the impression he would give a wink and a nod to any aberrant behavior they felt they had to do.

Nor is Brennan likely to reestablish the human intelligence capabilities of the CIA, with his history of being the chief architect of the “killing lists” and the Obama policy of “targeted killings”–which is merely a euphemism for the words “extrajudicial executions” or “targeted assassinations” whenever they are conducted in  violation of international law (which may be much more often than Obama claims.)

The fact that he is extraordinarily skilled at telling political authorities exactly what they want to hear, and has other Obama officials willing to assert (on background, to be sure) that he is a voice of moral restraint within the White House, or is determined to improve the Agency’s human intelligence capabilities, should not be taken at face value. He is, after all, a spook, a trained expert in deception.  We should look at his history, his actions, and not just what he says today, in reaching any judgment about whether he should be confirmed.

Do we know yet today, for example, what role if any he played in the strange evolution of the Benghazi talking points?  His colleague, acting CIA Director Michael Morrell, could not even get his version of testimony to Congress on the talking points straight in a single day.

Can a democracy kill people on the basis of secret legal memoranda purporting to find legal authority for the Executive for such actions?

Can a democracy conduct extrajudicial killings in other countires without publishing its interpretation of international law that would authorize such killings, without subjecting its legal arguments to evaluation and responses by impartial experts from other countries, other states, and eventually the judges of international tribunals?

Can the Executive in a democracy kill individuals on the basis of secret legal justifications which are are shielded from judicial review and from the public?

That is the question. It is time that Senators take a stand on these issues, and there is no better opportunity or place to take such a stand than on the vote to confirm John Brennan.

By their votes, each Senator will incur individual moral responsibility for the actions he or she condones or rejects, and responsibility before history for the answers each gives  regarding the nature of democracy in America, in 2013.

The Trenchant Observer

The vote on John Brennan’s confirmation to be CIA Director: Opinion and Commentary

Wednesday, February 27th, 2013

Recent Commentary and Opinion

“It is not going too far to say that American foreign policy has become completely subservient to tactical domestic political considerations.”

This stern verdict comes from Vali Nasr, who spent two years working for the Obama administration before becoming dean of the Johns Hopkins School of Advanced International Studies. In a book called “The Dispensable Nation,” to be published in April, Nasr delivers a devastating portrait of a first-term foreign policy that shunned the tough choices of real diplomacy, often descended into pettiness, and was controlled “by a small cabal of relatively inexperienced White House advisers.”

–Roger Cohen, “Beltway Foreign Policy,” New York Times,
February 18, 2013

Shaun Waterman, “Vote on Brennan for CIA post put off; On Benghazi attack, questions remain, “The Washington Times, February 27, 2012.

Dana Milbank, “‘Trust me’ is not enough on drone warfare,” The Washington Post, February 8, 2023 (02:38 PM EST)

Glenn Greenwald. “Debating Zero Dark Thirty and John Brennan; Both the critics’ favorite film of 2012 as well as Obama’s nominee for CIA Director are supporters of torture,” The Guardian, January 8, 2013 (18.01 EST)

See also the following articles by the Trenchant Observer:

What difference does it make if John Brennan is confirmed?
February 27, 2013

Brennan’s wristbands, McCain’s hold, and assertions of legality under international law based on secret operations and secret legal memoranda (with links to Brennan confirmation hearing video, transcript, and written questions and answers)
February 25, 2013

Secret Laws, the John Brennan vote, and the rule of law
February 24, 2013

Imagine: The Collapse of International Order, Syria, and Berlin in 1945
February 20, 2013

Brennan unclear in confirmation hearing as to whether “waterboarding” constitutes “torture” (with transcript)—The John Brennan File #2
February 14, 2013

Drone Killings, the Constitution, International Law, and the John Brennan File
February 7, 2013

The Trenchant Observer

What difference does it make if John Brennan is confirmed?

Wednesday, February 27th, 2013

In the end, what difference does it make if John Brennan is confirmed as CIA Director by the Senate?

1. Well, for one thing, it may be the last chance for the Senate to get control of a failed foreign policy, and to actually put someone in who would complement Secretary of State John Kerry–as a member of a team that can get the nation’s foreign policy back on a track that might avoid further disasters, and maybe even lead to some successes.

Vali Nasr, the Dean of the Johns Hopkins School of International Affairs, is publishing a book, The Dispensable Nation, which is coming out in April and is already making waves as one of the first hard-hitting assessments of Obama’s foreign policy in his first term.. And the story isn’t pretty. Obama has led the nation into one failure after another, but liberals and Democrats have been unwilling to hold him accountable. The president, after all, perfectly represents the mood of the American people, by and large, who just want to get out of Bush’s wars and focus on domestic issues.

But the world exists, regardless of what the public in general want, and it keeps turning. It keeps spinning, in fact, in ways that often seem adverse to U.S. interests, and sometimes it seems even to be spinning out of control.

Brennan’s confirmation will tilt the balance of Obama’s foreign policy team back to the place where it has been for the last four years, with Obama mainly interested in killing terrorists by drones, while at the same time dragging his feet in other international crIsis arenas, such as Syria, Mali, or even Libya (until the French and the British dragged the U.S. into it, once Security Council authorzation was secured). Obama, in the end, is not interested in foreign policy, and doesn’t know how to conduct it. So he, and we, need a strong team.

2. Brennan is the High Priest of the war on terror, the Holy Warrior leading “The Last Crusade” against the Islamic terrorist infidels. And the strategy is simple–simply to kill them before they kill us. He is not plagued by self-doubt. Obama, in becoming a warrior himself, may have modeled himself on Brennan.

The only problem is that we may have been so busy fighting this war of  targeted executions that we failed to notice, much less try to influence, strategic developments of enormous significance.

While Brennan was busy managing the “kill lists” and coordinating drone strikes on the infidels, Obama was giving up the ship to Mohamed Morsi and the Muslim Brotherhood in Egypt, offering Morsi  support and not criticism when he launched his legal coup d’etat on November 22, abrogating the rule of law in the nascent democracy of Egypt. Morsi pushed through his illegitimate constitution, shutting down the Constitutional Court with brown-shirt tactics in the street.

What difference does that make?

Well, for one thing, al-Azhar university, which is the highest center of Islamic learning in the city which is the cultural capital of the Arab world, is now facing increasing pressure from the Muslim Brotherhood and the Salafists to assume a more fundamentalist approach to religious issues. These include those covered by the sharia, or Islamic law, now raised to a position of preeminence in Morsi’s Islamist constitution.

In effect, Brennan was leading Obama to go and try to kill terrorist leaders with drones, while the geotectonic plates of the Middle East were shifting in Egypt. As this was taking place, Obama and Hillary Clinton remained frozen, unable to act as events unfolded in Egypt. Yet the success of terrorism in the Middle East and North Africa is likely to be determined much more by developments at al-Azhar that by mid-level terrorists being killed by drones in Yemen

3. Then there are the moral issues. Torture. Extraordinary renditions to states which torture. Secret CIA “black prisons”, hidden from everyone, even the International Committee of the Red Cross. And targeted executions, including “signature” strikes against unknown individuals who evidenced a pattern of activities indicating they were terrorists. Any male over 14 killed in a drone attack was automatically deemed to be a terrorist, which was one way of keeping civilian casualties down–at least for those living within the White House bubble.

It is interesting how Brennan makes his legal arguments purporting to justify targeted killings.  He paints a picture of the ideal case. The  real cases, however, where unknown boys 14 years of age or older merit having their guts spattered in the sand, are cases we don’t know about, and whose justifying legal memoranda we will never see, because they are secret, indeed if in individual cases they exist at all. A legal opinion to support an execution would have to be individual, taking the specific facts of the case into account, and public, and presented to a competent judicial authority.

4. There are also issues of individual moral responsibility, and guilt, incurred by killing people outside the civilizing strucures of law, including international law.

Senators voting on Brennan face this moral responsibility, and potentially moral guilt from sanctioning actions which, in strictly legal terms, might be characterized as presumptive war crimes or other international crimes.

Like the Argentine politicians and generals who argued they faced the cancer of terrorism, Brennan’s supporters may find plausible arguments for going along with international crimes.

Then there is the argument that we should let bygones be bygones. Just turn the page, and move on.  Of course that was not the position adopted by Justice Robert Jackson at Nuremberg.

If there is one book the Senators might want to read before voting on the Brennan nomination, it is “The Question of German Guilt”, by the famous German philosopher Karl Jaspers. Jaspers, in a series of lectures at the University of Heidelberg in 1948, articulated with elegant distinctions the kinds of criminal, political, moral and existential guilt Germans might feel or be accused of, as the blinders came off about what Hitler and the Nazis had done in the Third Reich. His analysis is exceedingly pertinent to “The Question of American Guilt”.

There are also a few films the Senators might want to watch before voting on the Brennan nomination. One of the best is “The Official Story”, winner of an Academy Award for Best Foreign Film in 1985, which addresses questions of individual moral responsibility in the Argentine context. “Judgment at Nuremberg”, with Spencer Tracy starring as Justice Jackson, would be another.

Given Brennan’s use of the “cancer” metaphor to describe terrorism’s advances, the Senators might benefit from watching “Z”, Costa-Gavras’ film about the right-wing coup in Greece. Then there is always “Missing”, a film starring Jack Lemon which in the context of Agusto Pinochet’s coup in Chile powerfully conveys the impact on individuals and families of those who abandon law in favor of pure force in their battle against the “cancer” of terrorism–as they see it.

5. We must bear witness to the truth and fight to uphold the rule of law. Just as the excesses of the “Palmer raids” in 1919, or the internment of Japanese citizens in World War II, came to be understood as great deviations from the rule of law, so too some day future historians will ask, “Did no one oppose these outrageous violations of fundamental rights, or seek to prevent them from being carried out?”

We and others, at least, must speak out–as loudly and effectively as we can–so that there is some evidence that people opposed these outrages upon the Constitution and the rule of law. The challenges we face are not as great as those faced by Sophie Scholl, who distributed pamphlets in Hitler”s Germany, for which she was executed, or others who faced the power of totalitarian states, yet nonetheless spoke out.

In seeking to answer the historians’ question, the vote of individual Senators on the Brennan nomination will be duly noted, and the judgment of history will be entered, and it will fall upon those who vote, or abstain or are absent, on the Brennan nomination in the Senate.

Did this or that Senator stand up for the rule of law, and vote against a confirmation that would send a clear signal to the world that America endorses holy warriors who have no regard for international law and human rights? Or not?

How did these Senators, on the dates of these votes, define the nature of American Democracy in 2013? That is the question historians will ask, and about which they will write.

The Trenchant Observer

Brennan’s wristbands, McCain’s hold, and assertions of legality under international law based on secret operations and secret legal memoranda (with links to Brennan confirmation hearing video, transcript, and written questions and answers)

Monday, February 25th, 2013

Power tends to corrupt, and absolute power corrupts absolutely.”
–Lord Acton (1834-1902)

A remarkable photo of John Brennan at his Senate testimony on February 7, 2013, shows him wearing yellow and black plastic bands on his right wrist.

What are they, and what do they signify? Was he sending secret messages to certain people regarding his testimony? It is hard to know, but his appearance with those two hospital-like wrist-bands at his testimony was exceedingly strange.

Is he a member of the Knights of Malta, and was he signalling them something?

In the meantime, Senator John McCain has indicated that until he gets better answers about Benghazi and Brennan’s knowledge of CIA harsh interrogation techniques, he may place a “hold” on his nomination.

John McCain is distinguished in one particular respect, which gives him a unique perspective and great moral authority: he is the only U.S. Senator who has actually been tortured (in seven years of captivity in Vietnam).

See the photograph of Brennan (Alex Wong/Getty Images) and the story about McCain’s possible hold in:

Karen DeYoung, “McCain renews threat to hold up Brennan confirmation to CIA post,” Washington Post, February 24, 2013 (07:49 PM EST).

There was one notable attempt at humor during the February 7 confirmation hearing:

SENATOR BURR: Thank you, Chairman.

I’m going to try to be brief, because I’ve noticed you’re on
your fourth glass of water, and I don’t want to be accused
of waterboarding you.

(Laughter.)

How members of the Senate Select Committee on Intelligence can laugh at such an obscene joke surpasses understanding.

Torture is no laughing matter. Their laughter shows they are uncomfortable with torture. Their use of euphemisms such as “enhanced interrogation techniques” or “EITs” shields them from grappling, on an emotional and psychological level, with the terror they are referring to.

Worth noting in connection with international law and drone strikes are the following written question from the Chairman and answer by John Brennan:

[Committee Chairman] Could you describe the geographical limits on the Administration’s conduct drone strikes?

[John Brennan]As I noted in my speech at Harvard Law School in September 2011, and as the Attorney General stated publicly in March, we do not view our authority to use military force against al-Qa’ida and associated forces as being limited to “hot” battlefields like Afghanistan. Al-Qa’ida and its associates have in the recent past directed several attacks against us from countries other than Afghanistan. The Government has a responsibility to protect its citizens from these attacks, and, thus, as the Attorney General has noted, “neither Congress nor our federal courts has limited the geographic scope of our ability to use force to the current conflict in Afghanistan.”

This does not mean, however, that we use military force whenever or wherever we want. International legal principles, such as respect for another nation’s sovereignty, constrain our ability to act unilaterally. Using force in another country is consistent with these international legal principles if conducted, for example, with the consent of the relevant nation – or if or when other governments are unwilling or unable to deal effectively with a threat to the United States. (emphasis added)

–U.S. Senate Select Committee on Intelligence, “Open Hearing: Nomination of John O. Brennan to be the Director of the Central Intelligence Agency,” February 7, 2013, Responses to Posthearing Questions.

The material on the Committee’s website now includes the following:

Opening Statement
Responses to Questionnaire for Completion by Presidential Nominees
Responses to Additional Prehearing Questions
Responses to Posthearing Questions
Transcript
Archived Video

How can independent international lawyers form judgments about the legality of specific drone attacks when their very occurrence is officially held as a secret, and the legal interpretations of international law governing the use of force the Obama administration advances to justify their legality are also held in secret, both in terms of general authorization and in terms of authorized use in the specific targeted killing under examination?

How can any credence be given to such assertions of legality under international law when the legal justifications are themselves held in secret, from the Congress, from the American public, and from independent international legal experts outside the government in foreign countries, in foreign governments, and indeed in international tribunals?

The effectiveness of international law depends on the obligation of states to offer legal justifications for their actions. When the right of self-defense under Article 51 of the U.N. Charter is invoked, there is a specific requirement that they report actions taken in self-defense to the Security Council.

Here, the U.S. government does not acknowledge it is the author of drone strikes. It does not offer public legal justifications for its targeted killing activities, either under domestic or international law. It does not report such actions to the U.N. Security Council as specifically required by Article 51 of the U.N. Charter.

The government claims the right to execute U.S. and other citizens on the basis of secret legal memoranda and in the total absence of any public legal justifications for specific targeted executions.

John Brennan is the author of that policy under President Obama, and has served as its principal coordinator and implementer for the last four years.

To the extent these targeted executions cannot be justified by international law, they constitute assassinations and probably war crimes.

In the absence of public justifications of such actions, they cannot be viewed as legitimate under international law, which by its very nature requires public justifications of public actions permitting reactions by leading international scholars, other countries, and international tribunals.

Any claim of legality under international law based on secret operations and secret legal memoranda is by definition illegitimate and lacking in any persuasive force whatsoever.

The Trenchant Observer