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Political Ethics and Political Corruption Study Guides

• Difference between political corruption and ethics:

Political corruption – A law exist that states that the action is prohibited.

Ethics – An opinion of whether an action is “right or wrong.”

• Lowi (2 terms):

Little “c” corruption – This is individual corruption designed to help the doer (own personal benefit). “What’s in it for me?” Little “C” corruption is corruption that reflects or contributes to individual moral depravity.

Big “C” corruption – (government conduct) This is corruption that deals with “the abuse of power.” This type of corruption is more dangerous to the republic. Categories of “abuse of power” (threats to the Constitution) a) Civil liberties b) Electoral procedures c) Separation of powers.

Big “C” corruption is corruption that contributes to the decomposition, dissolution, or disorientation of the Constitution – that is, the legitimacy or authority of government itself.

• Political corruption (deLeon) – a cooperative form of unsanctioned, usually condemned policy influence for some type of significant personal gain, in which the currency could be economic, social, political, or ideological remuneration. Walter Lippmanh – We can see, I think, by the term political corruption… not through monetary gain but betrays the public trust. The attempt to serve, at the same time, two antagonistic interests.

Examples:

Economic – Money

Social – Who you hang out with, to do favors for social interest… this is “Discretion gone a rye.”

Political – Harvesting votes for profit à for the incumbent to remain in power or for a party to gain power.

Ideological – For “policy” reasons.

• Two reasons for corruption:

1) Component of the human condition (ex. Greed) 2) To overcome a “bottleneck” (“red tape”).

• Techniques of political corruption (graft). These are the “tools of the trade.”

- Bribery – The handing off of (giving) money.

- Extortion – The receiving of the money.

Government “sting” operations are necessary to expose these acts because these are consensual crimes and do not announce themselves.

Examples of “sting” operations:

1) Abscam (Arab Scam) – The FBI thought that there were many dishonest congressmen. So, they disguised a cooperation informant as an Arab prince who wanted U.S. citizenship. The congressmen were offered bribes to make it happen. In the end, five congressmen and one senator introduced bills to make it happen and were caught.

2) Yobo (Nevada) – Joesph Yoblonski; set up an undercover operation to ensnare local and state government officials. The target was a senior member of the Nevada State Senate (A member of the Lamb family – head of the finance committee). The FBI pretended to be an investor in the casino business who needed help with permits, loans, etc. The government official said “sure I’ll call my guy and we’ll set up the loan within a week, after all his salary increases depend on my signature.” This government official received $20,000 to set this up. He attempted to dodge (use cover) this corrupt act by saying they were like brokerage or consulting fees.

3) Washaw (Reno) county official – FBI posed as a businessman who wanted to open banks in the county neighborhoods. However, the current zoning rule did not allow this. The official said he would make it happen through zoning votes.

4) 3 County commissioners – The FBI posed as investors who wanted to build health clinics (fat farms) on Mt. Charleston. To make this happen these county commissioners received campaign contributions in exchange for zoning votes. In one case, a $5,000 contribution was difficult to trace. The commissioner was seen going to a safety deposit box and then buying a new car with cash, this created circumstantial connection.

- The G-Sting case:

The players (cast of characters) –

- Dario Herrera

- Lance Malone

- Mary Kincaid-Chauncey

- Mike McDonald

- Michael Mack

These government officials went to Mike Gulardi (a strip club owner) and said that they wanted to be consultants for him.

“Quid pro quo” – “This for that.”

Some of the thing that were provide to Gulardi from these officials in exchange for money, campaign contributions, sexual favors, etc. are as follows:

- Business licenses

- Behavior regulations (relationship between client & dancer). *Through Malone, Gulardi paid the vice squad for information about inspectors coming to his clubs (raids). This is an obstruction to 1) setting policy (no prostitution) and 2) implementation of policy (inspectors).

- Building permits

- Zoning (for Gulardi’s own benefit or to delay competition).

Varience – changing zoning through public council.

Spot zoning – no expost-facto zoning changes.

- Building inspector intervention – He retained legislators in case of “red tag” violations on his properties so it would be “taken care of” immediately.

- Help with the cops and others (et al) – Firemen, cops, private attorneys, etc. “never pay for anything” in his clubs.

- Investment Opportunities – Sometime the briber offers the bribee an opportunity to buy securities at a low price, later perhaps buying back the securities at a much       higher price. This gives the parties involved a mutual financial interest.

- The Credit Mobilier Case:

During the construction of the Union Pacific leg of the transcontinental railroad the U.S. government offered the builder, for each mile of track built, ten sections of public land bordering the railroad (1 sq. mile) plus government bonds in amounts between $16,000 and $48,000 depending on the difficulty of the country where the rail was being built. Inspectors were bribed to declare all land extremely difficult for railroad construction. Members of Congress began asking questions because of the exorbitant profits being made. To keep Congress quiet Oak Ames, manager of Credit Moboilier of America (and Congressman), sold congressmen stock in the construction company well below market value. When congressmen could not afford to buy the stock, Ames lent them money for little or no interest to enable them to buy the stock, which paid dividends as high as 340%. With the congressmen owning the stock, they had a mutual financial interest with Credit Mobilier. If unfavorable decisions before congress were made in regard to the company it would affect the financial interest of the congressmen.

- Kickbacks – Favored contractors, engineering, architectural, and other firms are given government contracts, upon the condition that a percentage of the contract be paid by the firm to one or more favored politicians who saw to it that the contract was awarded to the “right” contractor (up to 10% of the contract).

- Operation Ill Wind Case:

Officials received money for inside information on Navy defense contracts, in particular, other companies bidding information.

- Congressman Cunningham:

The owner of a mortgage company was convicted of fraud. Cunningham tried to secure Presidential clemency for him. In exchange, Cunningham received low interest rates (half the going rate) on his home and bought Cunningham’s boat for $600,000 (Cunningham only paid $200,000 when it was new). In addition, large defense contractors wanted help with bid rigging and inside information. In exchange the company bought Cunningham’s home at an inflated price (the company sold the house six months later for a $700,000 loss).

- “Honest” Graft – A situation in which an official, because of his government position, knows of land or materials that are to be bought or sold. The official buys the land or the goods and later sells them to the government at a much higher price. This is a “conflict of interest.” The official used inside information or their position for personal gain. The term “honest” graft came from George             Washington Plunkett; “I seen my opportunities and took ‘em.” The victims in these cases are invisible, in some cases they don’t even know they are victims, this is why many of the crooks don’t get caught.

- Arnold Swarzenneaggar:

Arnold receives one million dollars a year for a period of five years and 1% phantom equity (worth 5 million) in Weider Industries to serve as a consultant for overall editorial direction. It has been argued that Arnold (possibly in return) vetoed a bill designed to restrict performance enhancing supplements which appears to be a conflict of interest. This also raises a question of his position and compensation from the magazine because this is an unusual situation for the magazine industry.

- Patronage – The assignment of government positions to political supporters… if the appointee must pay for their jobs the action becomes corrupt. This still happens in illegal ways even today.

- Dan Rostenkowski:

He is a member of the Ways & Means committee in Chichago. He and other committee officials have traded their children for jobs in their offices.

-Patronage jobs from 1860-1960:

Accounted for 10,000 jobs this almost always required payment (between 10% - 20%) that went to the political party. As this practice was abolished it spawned campaign contribution corruption that we know of today.

- Creative Patronage – Transfer of jobs from public sector to private sector:

An example would be in W. Virgina with the Alcoholic Beverage Commission (ABC). Distributors who sell liquor to state wholesale are asked frequently for patronage jobs. There are ten distributors, if one wants distributorship in a certain county the county commission ask for five patronage jobs within the company to leverage jobs in the private sector.

- Payment Made Via NGO’s (Non Governmental Organizations) – Organizations   other then PACs set up to receive donations.

- DeLay/Abramoff Money Trail – Ed Buckman (DeLay’s Chief of Staff) started a lobbying company (Alexander Lobbying Group) to set up NGO’s (U.S. Family Network). Client’s would make large contributions to this NGO and then the NGO would turn around, with their tax exempt status, and buy property and cars for the staff, etc. This NGO existed for three years and spent less than $1,000,000 on it’s stated purpose (in their Articles of Incorporation) while making $2,500,000 during their existence. The real purpose was to get money in to create lavish lifestyles for those involved. A textile company (in the Maranas) donated $500,000 to this NGO to get DeLay to block legislation that would hurt the companies profitability. Another $1,000,000 was given from Russian oil and gas companies for influence on favorable legislation that involved the IMF giving money to the Soviet economy. DeLay’s wife was also on the payroll for this NGO at a salary of $3,500 a month.

- Abuse of Campaign Finance and PACs:

- G-sting – Campaign contributions were made as fronts for bribery.

- Law Firms; are often used to shield the source of contributions because it is unlawful for corporations to make direct campaign contributions.

- Reimbursement; to employees for campaign contributions (Gulardi did this) à (James McGrevey in New Jersey received contributions this way).

- Use of Cash – Campaign advisor Ed Rollings (1990’s) for Governor candidate Tiffany Todd Whittman. She won; at a press breakfast the next morning a question was presented asking how they gain overwhelming support. Rollings said “we worked with rolls of $100 bills and paid off ministers of black churches to put the black vote to sleep.”

- Nixon – ITT giving money so Republican National Convention would be held in San Diego while pending Anti trust suits were being negotiated.

- Conversion of Campaign Funds to One’s Own Use:

Dan Rostenkowski (spent $20,000 on automobile rentals “mobile campaign offices”), Operation Yobo, and Erin Kenny (G-sting).

- Gifts:

- Most famous allegation (The Checkers Speech – Nixon). Nixon was just named Vice President and was accused of receiving a gift bank account from a company (to supplement his lifestyle).Nixon was successful in countering this claim. The Republican Nation Party paid for a 30 minute television spot for Nixon to state his case to the public. He explained all his finances. Then, he said to diffuse any allegations “I did receive one gift.” A supporter in Texas new that Nixon had two young daughters so he        sent them a puppy (checkers). Nixon said “and I’m not giving it back.”

- Doing Business with Some Business that is Owned or Controlled by the Official in His Private Life:

- National Level; you are required to put your business holdings in a “blind trust” while in office.

- Hillary Clinton (Whitewater) – business was sent to her law firm because her husband was governor.

- Influence Peddling – One who uses contacts or “pull” to secure governmental contracts, decisions, etc. for a client for a fee; but in which the decisions are based on personal connections not on the merits of the bid. There is heavy reliance on collegial pressure.

- Stanley Friedman (PVB Case) – He was the head democratic chairperson for the Bronx, people wanted to do things for him because of the influence he had.

- Congressman Jefferson (Dollar Bill) – He used his influence as broker for the company for his kids, in Africa.

 

Fields of Graft (in which the techniques are applied to) “Places where techniques get used.”:

- Bidding for Contracts & Purchase Procedures – Receiving kickbacks for uncompetitive bids (Ex. Engineering, architectural, à Military).

- Parking Violations Bureau (New York) – Stanly Friedman, tailored bidding process so only one company was qualified to apply.

- Ill Wind – Navy procurement officers selling inside information to bidding information (missile guidance systems for ships) on competitors bids. B.A.F.O. – Best And Final Offer. – R.F.P. – Request For Proposal. There were several steps in the bidding process. Information along the process creates an unfair advantage. Tailor made R.F.P. where the conditions were set so that only one company would qualify for the contract. Changes in the bid specifications late in the game. Using the “Golden Handshake” which is where you get money when leaving a company in the private sector to go work for the government for a while and then come back to the company.

- Congressman Jefferson – Received kickbacks from the African government because he was on a committee that could help the African government. Used his government position for personal benefit, he was paid to bribe the vice president of the African government to get contracts in Africa.

- Public Funds (Collection, disbursement, and custody) – Custody – competitive bidding from banks on what banks get to hold government money (Receive money from banks in exchange for vote to let them hold money). Disbursement – g-sting case, police wanted money to investigate Gulardi… members of the board             rejected money disbursement. Dan Rostenkowski – stealing stamps from the post office through his use of the congressional franking privilege (free mailing), his office was buying $2000 a month worth of stamps and then selling them to pocket the money. He also used patronage by putting people on the congressional payroll as temporary employees like his lawn guy, photographer, etc. who were paid with government money.

- Public Property – Misuse of public property (land). Using a government   official’s knowledge because of his position to buy land cheap and then sell to the government at a much higher price.

- Teapot Dome – Albert Fall sold rights to government oil reserves to any American company in exchange that the company would build port facilities in California. He also extorted money from oil companies to purchase a ranch.

- Tax Assessment and Collection – Officials receiving low tax assessments on land they own (or other beneficial situations) or officials securing low assessments in exchange for bribes.

- Whiskey Ring Scandals – Whiskey distillers bribed tax officials to cut back or eliminate the amount of federal excise tax on their product.

- Watergate – Some people on the enemies list endured audits.

- Zoning and Land Use – Bribes or kickbacks in exchange for favorable votes on zoning or rezoning, land use, or construction variation on a given property.

- G-sting; condition of development, building inspectors, building permits, building code, plan approvals.

- Legislative Process - Patronage, bribes, or kickbacks to secure favorable or defeat unfavorable legislation.

- Abramoff Case – Funneled money through PACs. Put relatives on the payroll to overcome some limitations. Promises of future employment. All for favorable legislation.

- Regulatory Process (Law Enforcement) – Bribes or extortion to police.

- Savings and Loan Scandals – Banks were making bad loans and once uncovered bribed accountants and auditors. Congressmen intervened with the Federal Home Loan Bank Board’s investigation telling them “to back off.”

- Public Services – Exploiting funds, reserving service to particular people, or selling services.

- Dean (Clark County Recorder) – Selling public documents to businesses before made available to the public. Had phone system where title companies got service, but regular people got answering machine.

- Pork Barrel (Construction Projects) – Funding for pet projects that benefit only one constituency is called pork barrel legislation.

 

G-Sting case:

-Gilardi went to public officials to have them be consultants for his business

-money, campaign contributions & sexual favors were given to the officials

-gave money to employees contribute to county officials

-officials gave business licenses, liquor licenses, zone variances, spot zoning

-directly benefited the business

-behavior regulations were influenced

-obstruction to setting policy and implementation of policy

-paying for advance info to see when the vice squad was going to make their inspections

-retained legislators in case building inspectors had problems with his property so they can make the call

-help with the cops

-on Fridays firemen, cops, attorneys & county officials were not to pay anything in his club

 

Parking Violations Bureau:

-Donald Manes

-party leader, strong force in national politics, decided who could be judge

-gave Lindenaur the job at PVB

-Stanley Friedman

-attorney and good friends with Manes

-democratic party boss in Bronx

-represented companies that were trying to win contracts with the city

-helped City Source win the contract with the PVB

-City Source gave him stocks and made him the largest shareholder

-bribed Manes and Lindenaur by promising stocks

-charged w/ racketeering

-after Manes committed suicide Friedman became the focus of the case

-Jeffrey Lindenaur

-collected the money from everyone per Manes

-gave up Manes as the mastermind on corruption

-had fake Ph.D

-unqualified to run the PVB

-RICO (Racketeered Influenced and Corrupt Organizations Act): using a legitimate organization or business for illegal purposes; and in a pattern and ongoing manner (has to have conspiracy factor)

-Manes gave Lindenaur the job with the PVB because he knew that he would be able to control him. Lindenaur was Manes collections guy. When the collections agencies wanted to win the contracts with the PVB Manes demanded that they pay a certain percentage to Lindenaur. Money was paid every month from the collections agency. Manes and Lindenaur received from Friedman. Friedman represented companies that were looking for contracts with the city. Friedman was paid thru stocks by City Source and bribed Manes and Lindenaur to win the contract for City Source. Once he won the contract his stocks would go up.

Bad Blood:

-The government promised free medical treatment, free blood test and $50 life insurance for participants to go into the program and stay. The original goal of the program was to treat the disease. Then costs too much so they stopped the program and so they studied the effects of syphilis on black men by withholding medications to treat it. 400 black men were subjects. Tuskeegee Institute helped with the study when the government went to ask them. Study was to originally be 6 months long. Subjects were not allowed to seek outside treatment and if they did the doctor who treated them would be reprimanded from the local medical society. Rivers was the liason who had the job of recruiting and keeping the subjects in the study. Draft deferments were issued to the subjects in order to keep them from being treated. Study was inaccurate because the they would move the subjects from the control group if they got infected, infected subjects did get medical treatment for other illnesses and they found out that there was no difference between the races (they knew this all along because findings were reported in medical journals over and over). Subjects who survived sued later and received only less than $38,000. Government never fully disclosed to the subjects beforehand what exactly could happen.

 

 

 

National Security Policy Study Guides

 

Definition of National Security:

n Broader definition:  protections against vital economic and political interest, “the loss of which could threaten the fundamental values and vitality of the state.” (Jordan, Taylor, Mazaar)

U.S. Values:

n Right of self-determination

n Inherent worth of each individual and right to achieve all he or she can

n Rulers owe their power and accountability to the people

n Policies and change in the international environment must be based on first three values and change brought by rational discourse

n Resort to war based on homeland protections and survival and as last resort

n Any system professing the values above and trying to function according to them must be protected and nurtured (Ex. Schools, women’s rights, fascilitate democracy, etc.)

Examples: (Who would be involved)

• Are we going to send more troops to Iraq? National Security Police & Foreign Policy.
• Are we going to sell military goods to…? Foreign Policy, National Security Policy, Defense Policy, Economic and Trade Policy, and Domestic Policy.
• Are we going to allow gays in the military? National Security Policy & Domestic Policy.

 

National Interests:

n Simplest view:  protection of the U. S. homeland from external threats

n Most theorists and some practitioners use hierarchical schema such as:

§ First Order: Vital interests

• Protection of homeland

• Necessitates military involvement and resource commitment

§ Second Order: Critical interests

• Do not pose a threat to survival but in the long run have high propensity to become First Order

§ Third Order:  Serious interests

• Need to create favorable conditions so do not become Second Order

§ Watch List:  no immediate impact but must be watched in case events transform level of concern

U.S. Homeland = Any U.S. consulate, embassy, carrier (air, sea, etc.) abroad and obviously our own soil.

 

National Power:

n Jordan:  “(Power) is the ability to get others to do something they would not do of their own volitions.”

§ Can be through coercion, threats, persuasion, or bargaining

 

Factors to Consider in Analyzing Military Power:

n Force size and structure

n Weapons systems

n Mobility

n Logistics

n Strategic and tactical doctrines

n Training

n Military leadership

n Morale

n Industry

n Technology

n Intelligence

n Popular will

n National leadership

n Alliances and coalitions

 

“Situational” Power:

n Term used to describe situation when larger state is not necessarily the most powerful is asymmetric

 

Contemporary Context of National Security:

n Globalization (or Interdependence)

• • Many issues cross national boundaries:  environment, humanitarian, drug trade, and especially economic activity

 

American View of War and Peace:

n Most want involvement terminated as quickly as possible and victory reflecting clear decisions and final solutions

§ All this drives U.S. to search for the “doable” solution with oversimplification. (Ex. Afghanistan … implement democracy & everything will be fine.)

 

How can we exercise power over other nations?:

n Carrot instead of the stick

n Sanctions

n Diplomatic pressure

n War

n “Soft” approach – negations

n Unconventional warfare

n Ask a friend

 

The Conflict Spectrum:

 

 

Other Terms:

n Lower end of spectrum sometimes called “operations other than war” (OOTW)

 

Policy versus Strategy:

n Policy – major objective of the state in national security

n Strategy – methods and means to achieve these purposes

§ Defense or military strategy

§ Economic strategy

§ Political strategy

§ Etc.

 

Historical Perspective:

n Current structure and agencies established after World War II – National Security Act of 1947

n belated recognition that better system was needed

n Established:

n National Security Council (NSC)

n Office of Secretary of Defense

n Air Force

n Joint Chiefs of Staff (JCS)

n Central Intelligence Agency (CIA)

n Later amendments:

n Established Chairman, JCS

n Senior military advisor to the President

n Make operational commanders report directly to Secretary of Defense

 

War Powers Act of 1973:

n President can commit troops only after

n war declaration by Congress,

n specific authorization by Congress,

n or emergency created by attack on United States, territory, possession, or its armed forces

n If use last clause, must

n notify Congress within 48 hours

n end troop commitment within 60 days (with additional 30 days for withdrawal)

 

Other Restrictions on Presidential Prerogatives:

1.  Domestic politics

n Sometimes little distinction between policy-making processes and considerable overlap in goals and/or results

2.  Public expectations and public opinion

n Latter not a solitary entity – “highly differentiated”

n “Attentive public” versus general population

n However, crisis often has a cohesive effect

n Public opinion, in final analysis, can equate to election results

3. New President inherits predecessor’s structures, commitments, bureaucratic personnel

n And, most importantly, budget

n At inauguration, draft budget for next fiscal year is already completed

n New President has power to change, but stress and limited time = few changes

4.  Continuity in policy may be important

5.  New President usually finds it difficult to deal with national security establishment, especially the military

n Long-tenure = legitimacy

n May have own constituency

n Veterans

n Iron Triangle

n Bureaucracies tend to resist change

n “Where you sit dictates where you stand”

1. President may be restricted by opinions of other foreign leaders

 

National Security Council:

 

 

Assistant to the President for National Security Affairs:

n Appointed by President without Senate confirmation

n Different from cabinet-level officials who are confirmed by Senate and may have been appointed for political reason

n Currently Stephen Hadley

n Very special relationship with President

n Has no agenda except national security

n Frequent access if needed because based inside White House

n Often seen by Secretaries of Defense and State as infringing on their prerogatives

 

State Department:

n Department functions

n Represents interests of the United States and its citizens in relations with foreign countries

n Serves as principal source of advise to the President on foreign affairs

 

“Country Team” Aboard:

n Ambassador is in charge of all American programs within a country

n Includes, military assistance teams, defense attaches, and CIA and FBI representatives

n Only exception are U.S. military forces in the field

n Conflicts arise…

 

Introduction to Department of Defense:

n Current DoD structure from National Security Act of 1947 (as amended)

n Secretary of Defense (SECDEF)

n Primary adviser to the President on defense policy

n Head of DoD

n Operational arms of DoD are the military forces

n Army, Air Force, Navy, Marines, and Coast Guard

n Latter is part of Department of Homeland Security

n National Command Authority - ultimate lawful source of military orders

n President and Secretary of Defense or their duly deputized alternates or successors

 

Department of Defense:

 

Unified Commands: (Do the fighting)

n Composed of command element and assigned components of two or more Military Departments

n Primary war fighting organizations

n Commander is called a “CINC”

n Directly responsible to National Command Authority for performance of assigned missions

 

CINC Options: (Commander-in-Chief)

n Presence

n Ex. U.S. Military Forces

n Humanitarian Assistance

n Ex. Medical Assistance

n Show of Force

n Ex. Intimidate by blowing something up

n Demonstration

n Ex. Intimidate by blowing something up

n Noncombatant Evacuation (NEO)

n Reason to believe that a U.S. embassy is in trouble à Get them out

n Peacekeeping

n Ex. When two parties agree not to fight, but want a 3^rd party to stand between them just-in-case

n Peace Enforcement

n Ex. When two parties have not agreed not to fight so a 3^rd party stands between them

n Peace (or nation) Building

n Ex. Military building infrastructure

n Quarantine

n To exclude specific items

n Ex. When a product is not allowed into a country, quarantine anything used to make a product

n Blockade (Absolute or “Pacific” {limited} )

n Ex. Deploy U.S. forces to make sure something does not get into a specific country – “limited” only certain items

n Strike Operations

n Ex. Actually sending soldiers into a country, using weapons/etc., from outside the country into a country

n Force Entry

n Actually sending troops into a country

n Special Operations

n Ex. Secret à Military operation for a specific objective

 

Red = act of war

Black = may be considered act of war

 

Military Departments: (Supply)

n Functions – recruit, organize, train, equip, supply, assign, maintain

n But real function is to support the Unified Commands

 

n By law, secretaries of military departments have no operational responsibilities

n Always civilians

n Not in NCA line-of-control

 

Joint Chiefs of Staff: (Advise the President)

n Major Functions

n Chiefs of Army, Navy, Air Force, and Marine Corps

n Act as military advisers to President, SECDEF, and NSC

n Assist in providing strategic direction of the Armed Forces

n Prepare and review contingency plans

n Oversee joint doctrine, training, and education

 

 

The Joint Staff: (Are an extension of the Unified Commands)

 

 

Types of Forces:

n Active Duty

n Reserves

n National Guard

n Governors (and D.C. and 3 territories) control during peacetime

n National emergencies: President “federalizes”

Mobilization of Guard and Reserve to support or serve in Iraqi operations: 146,625 (as of Sept 2005)

Reserves are approximately 40% of personnel deployed to Iraq

 

The Military Profession:

n Subject to constraints

n Can not publicly or formally engage in political activities related to wages, condition of employment, etc (But there are ways this can be done – Ex. Servicemen on CNN out of uniform voicing opinion.)

 

Use for Law Enforcement:

n Posse Comitatus Act

n Passed in 1878 to stop use of Army in post-Civil War law enforcement in the South

n Bans military from participating in arrests, searches, seizure of evidence, and other police-type activity on U.S. soil

n Coast guard and National Guard troops (when not federalized) are excluded

n Other exceptions

n Military used to quell domestic violence (’92 LA riots)

n President can waive in an emergency

n Military can provide assistance to combat drug smuggling

n During threat involving release of nuclear materials

n Homeland security?

 

Major Congressional Functions Related to National Security:

n Power to declare war

n Raise and support the armies and navy

n Make rules for the government and regulation of the forces, and make all laws which shall be “necessary and proper for carrying out these functions

n Give advice and consent of the Senate for treaties and the appointment of ambassadors and other key officers on the government

 

Not a Single Entity:

n Individual members and their personal staffs

n Committees

n Committees relevant to national security

n House National Security Committee

n Senate Armed Services Committee

n Two Intelligence Committees (HPSCI and SSCI)

n Appropriate subcommittees of the House and Senate Appropriations Committee

n depending on what specific topic is involved, many other committees, subcommittees

n Leadership from each party

n Members of each party

n Committee staffs for each party

n House and Senate leadership

 

Not a Single Entity – Who Counts?:

n Individual members and their personal staffs

n Committees

n Committees relevant to national security

n House National Security Committee

n Senate Armed Services Committee

n Two Intelligence Committees (HPSCI and SSCI)

n Appropriate subcommittees of the House and Senate Appropriations Committee

n depending on what specific topic is involved, many other committees, subcommittees

n Leadership from each party

n Members from each party

n Committee staffs for each party

n House and Senate leadership

 

International Organizations and Alliances:

n Currently approximately 190 states and many non-state actors

n Beneficial to join with other states to assist in national security

n Increases state’s power through potential to call on allies’ strength

n Can be used to restrain allies’ behavior

n Not wise to just ignore potential adversaries or states with whom we do not share interests

n Formal relationship to use range of tools (diplomatic, economical, etc.) to solve disagreements

n Alliances (formal or informal) have to be honored by succeeding presidents unless specifically break tie

 

Example:  North Atlantic Treaty Organization:

n Formed primarily as defensive military alliance

n 12 members originally

n Adversary: Soviet Union

n Changed role after breakup of USSR

n Conflict prevention

n Conflict management and resolution

n Prevent or assuaging humanitarian disasters

n Formed Partnership for Peace in 1994

n Primarily for Eastern European countries and former republics of Soviet Union

n Has been joined by 30 countries, ten of which have since become members of NATO

n Main task is to increase the participants’ ability to act in concert; helps Partner countries prepare to operate jointly with NATO forces.

 

The Intelligence Community – Definitions:

n Information - anything that can be known, regardless of source

n Intelligence - information that meets the needs of customers and has been collected, refined, and packaged to meet those needs

n All intelligence is information; not all information is intelligence

 

Intelligence also usually includes:

n Counterintelligence

n Protecting your intelligence from your adversary (and your friends!)

 

n Covert operations

n Secret activities that, if they become known, the government will deny any part

n (Clandestine operations are also secret, but wouldn't be denied if the operatives are caught)

 

Major Customers:

n The President and the Executive Office of the President

n Cabinet Departments (State, Defense, Homeland Security Commerce, Justice, Energy, etc.) and subordinate units

n Especially Military Services and Commands

n Law Enforcement agencies (FBI, ATF, DEA, etc.)

n Other intelligence organizations (CIA, DIA, etc.)

 

Major Types of Intelligence:

n Human Intelligence (HUMINT)

 

n Imagery (IMINT)

 

n Signals Intelligence (SIGINT)

 

Human Intelligence (HUMINT):

n Intelligence derived from information collected and provided by human sources

n Methods such as talking with a subject with knowledge of the target area or by using a combination of "black" techniques to gain confessions or involuntary disclosures of information.

n Largely responsibility of Central Intelligence Agency

n Focuses primarily on acquiring information relating to capabilities, intentions, and activities of foreign powers, organizations, or persons, including terrorists.

n HUMINT's unique contribution is the ability to put eyes and ears on the ground, get inside the mind of the target, and provide direct knowledge of the target's plans and intentions.

n Some degree of risk to U.S. Government, agents, and sources exists

n This closest to what could be called “clock and dagger”

How It’s Done:

n Agent’s (actually “handler’s”) job:

n Identify and get access to individual with information that U.S. needs (or has access to another individual who does)

n Assess weaknesses and susceptibility to being recruited

n Money...buy the agent (usually an agent can be bought for a ridiculously low price).

n Ideology...turn dislike of his own country's system, or use a passion for socialism or communism.

n Compromise/Cohesion...trick the target into a compromising situation or use the person's past as a means of blackmail.

n Ego...appeal to the target who feels they deserve better treatment than they are getting, and/or make them feel more important in their own eyes (from MILNET.COM)

n Successfully recruit

n Set up physical details of secret meetings, passing information, etc. (“brush pass,” “dead drop,” etc.)

n Meanwhile, maintain “cover story”

n Agents also collect info by visiting restricted areas, stealing documents, etc

n Some sources are “walk-ins” – but this raised real questions of credibility and trustworthiness

n Defectors can also be sources – but same issues as “walk-ins”

 

Imagery (IMINT):

n Information from images

n Can be from any kind of imaging devise, including cameras, radars, and infra-red

n Can be from any collection platform

n Examples:  airplane, satellite, person, UAV

n Images processed by photo interpreters

n Looking for new or changed things

n “Cratelogy”

 

SIGINT:

n Information derived from foreign communications or electromagnetic radiations by other than the intended recipients

n Examples:  Radio messages, telephone calls, email, radars

n Can be “in the clear” or encrypted

n Cryptanalysis – breaking of codes and ciphers to convert encrypted messages to readable text.

n Codes – word or phrase replaced by group of digits or letters

n Ciphers – one-for-one replacement

 

Executive Branch Intelligence Oversight:

n President’s Foreign Intelligence Advisory Board (PFIAB)

n Provides executive branch oversight of the Intelligence Community

n Use depends on president’s preferences

n Intelligence Oversight Board

n Examines intelligence activities on behalf of the president

n Reports any intelligence activities that appear to be inappropriate or illegal

Congressional Intelligence Oversight

n Senate Select Committee on Intelligence (SSCI)

n House Permanent Select Committee on Intelligence (HPSCI)

 

U. S. Attitudes:

n Some ambivalence about intelligence

n Important for the government to know about our adversaries and to protect our own information….

n But “Un-American”?

n Done in secret, without citizens (who are paying for it) knowing what is being done and how successful (or not)

n Hard to reconcile American ideals with some activities such as breaking-and-entering, bribery, blackmail…and even just invading privacy

n “Gentlemen don’t read each other’s mail”  - Herbert Hoover’s Secretary of State, Henry L. Stimson

n Continuing debate over what is legal or ethical

 

Players in the NSP Policy Process:

 

 

* National Security Council consist of everything except the “other departments” category à the “other departments” category is the bureaucracy or cabinet.

 

The Governmental Process:

n Interagency

n Goal is consensus

n Bargaining and negotiation rather than majority rule

n End result is often lowest common denominator

n Long, messy

n In my view, not as NSC-centric as text suggests

 

A Model:

 

The President and Congress:

n President = dominant figure

n Congress often disagrees with his actions

n Congressional powers from Constitution (especially finances)

n Long-term incumbents

n War Powers Resolution

n Committees, staffs, Congressional Research Service, etc. to articulate criticism and develop alternate approaches

n But actions and views are often fragmented

n President tries to counter by:

n Congressional liaison staff actions

n Bargaining

n Threat and intimidation

n Reward

n Controlling information flow to Congress

n “Bully pulpit”

 

The Public:

“Public support over the long term is necessary to the success of national security policy and strategy”

n Especially if military personnel deployed overseas

n Some presidents have mandate for specific policy; sometimes mandate comes from crisis or threat

n If peace and prosperity, hard to get support for change; easier to do in crisis

n Not a single entity

n “Attentive public”

n Public tends to hold broad views of policy, not informed opinions on specific issues

n Public sometimes does not have access to all the information

n Public support disappears fast in face of defeat or prolonged stalemate

n Trauma of Vietnam still lingers

n If national sacrifices must be made, policy must be founded on basic public values and must resonate with a broad base

n President can not sustain policy that lacks some semblance of public approval

 

The Media:

n Free press is fundamental tenet of democracy

n Function is to transmit information

n Some believe media is only counter weight to government

n Dilemma = need for secrecy

n Like “public,” there is no single “media”

n Places active role in policy-making process

n Can be “used” by government to signal intentions, test reactions, package news

 

Political Parties:

n Link between public ßà elected officials

n Majority party in Congress has power to control agenda

n Minority party should be developing viable alternative…are they?

n Jordan: latter part of 20th century saw decline of political parties in American politics

 

Interest Groups:

n Can also be means for citizens to influence government officials

n Mobilize support or opposition

n Come up with alternatives

n Again, 2-way street

n Some types

n Economic interest group (business, trade and other associations, labor)

n Ideological or single-issue groups

n Foreign policy

n Veterans

n Ethnic

n Foreign

 

Cover Action:  Definitions:

n Covert Operations: “an activity or activities of the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States Government will not be apparent or acknowledged publicly.'” (Title VI of the Intelligence Authorization Act of 1991)

n Also called “special activity” or “third option”

n Clandestine Operations:  secret operations but U.S. involvement would not be denied if the operatives were caught

 

Covert:  hide the activity and the sponsor

Clandestine:  hide the activity

 

Covert Action Continuum:

 

Covert Operations Decision Process:

n There must be a specific goal that cannot be achieved by any other means

n Overt always preferable

n Has to be ordered by duly authorized policy maker

n President must sign a “finding”

n Operation is “necessary to support identifiable foreign policy objectives of the United States and is important to the national security.”

n Must be in writing and cannot be back-dated except for emergencies

n “Finding” is sent to leadership of House Permanent Select Committee on Intelligence and Senate Select Committee on Intelligence (and others as appropriate)

n Congress can deny funds but can not disapprove operation unless there is specific law against activity (such as Boland Amendment)

n Must evaluate risks

n Risk of exposure – this can range from embarrassment to great politically damage

n Risk of failure of operation – in human lives and, again, political damage

n Risk of unintended consequence – giving weapons to a rebel force that may later be used against you; “back the wrong horse”

n Size of operation must be taken into account also – the larger it is the higher the risk

n Should evaluate ethical issues

n Is it ethical to cause negative consequences for the target’s population?

n Is it ever right to support an insurgency against an elected government?  Does the nature of the target have anything to do with the decision?

n Should we arm an insurgency group – with moral responsibility for bloodshed that follows?

n Does use of covert action make U.S. “no better” than adversaries?

 

Other Issues in a Democracy:

n “Plausible deniability” really can not exist since President has signed a “finding”

n Accountability is mainstay of our system.

n If U.S. denies responsibility, who is accountable of it fails?

n Blowback

n If propaganda gets reported in U.S. media, does government has responsibility to let media know it is only propaganda?

 

The End Game:

n How long do we support a covert action if it is not immediately successful?

n If it goes on “too long,” what responsibility do we have for those who have cooperated with us?

 

Is covert action ever a “legitimate” option?:

n Idealists

n No – covert intervention by one state in the internal affairs of another violates acceptable norms of international behavior

n Pragmatists

n Yes – the self-interest of a state occasionally makes covert action necessary

Counterintelligence:

n Effort to protect one’s own intelligence operations and information from penetration and disruption by adversary

n Assumes that all other nations and non-state actors have intelligence capabilities

n With probable exception of Great Britain, Australia, and Canada

 

Three CI Functions:

n Collection:  gaining information about an opponent’s intelligence collection capabilities that may be aimed at you

n Defensive:  trying to thwart the efforts by other intelligence services to penetrate your service

n Term used is “unauthorized disclosures”

n There can be authorized disclosures

n Offensive:  having identified an opponent’s efforts against your system, trying to manipulate these attacks either by “turning” the opponent’s agent into double agents or by feeding them false information that they will report home

 

Internal Safeguards:

n Try to weed out unsuitable applicants and identify current employees whose loyalty is questionable

n Applicants

n Background checks, interviews, polygraph

n Current employees

n Given different levels of clearance and “need-to-know”

n Look out for changes in behavior or lifestyle

n Financial forms

n Random complete security review and polygraph

n Also:  certified destruction of discarded material, use of secure communications, restricted access to physical spaces

 

External Indicators:

n Sudden loss of HUMINT source

n Denial of target that could once could be exploited

n Actual intelligence

 

If you find a spy…:

n May arrest him/her immediately

n Next do damage assessment

n Plea bargaining

n “Gray mail”

n May decide

n to “play” him/her: use as unwitting conduit to adversary's intelligence service

n to attempt to “turn” into double agent

 

Information Security (also called “Information Assurance”): INFOSEC

n Related to counterintelligence

n Includes communications security and computer security

n Attempts to prevent U. S. communications from being intercepted or accessed

n Encryption

n “Secure” communications

 

The Iran-Contra Affair:

 

The Players:

n President Ronald Reagan and his staff:

n Bill Casey, Director of Central Intelligence Agency

n Admiral John Poindexter and then Robert McFarlane, Assistants to the President for National Security

n Lt. Col. Oliver North (USMC), NSC staff member

n Iran, an avowed enemy of the United States.

n Head of government was Ayatollah Khomeini.

n Was in midst of Iran-Iraq War and few nations would sell it military arms.

n Hezbollah, a militant Shiite organization, active in Lebanon, as well as other countries

n Loyal to Ayatollah Khomeini

n Contras, an anti-Communist guerrillas engaged in an insurgency against the socialist Sandinista government of Nicaragua.

n “The Enterprise,” an probably illegal organization sponsored by the Department of Defense to conduct covert operations

 

Other Background Information:

n Funds appropriated and authorized by Congress can only be used for the specific purpose that they were provided for

 

Reagan’s Problems:

1. Hezbollah and other extremist groups had taken Americans as hostages in Lebanon

n Examples:

n Rev. Lawrence Martin Jenco, the director of Catholic Relief Services

n CNN reporter Jeremy Levin

n Terry Anderson, chief Middle East correspondent for The Associated Press

n David Jacobsen, director of the American University Hospital in Beirut

n American educator Thomas Sutherland

n Also: TWA Flight 847 hijacked; 104 Americans on board; hijackers killed Petty Officer Robert Dean Stethem and dumped his body on the tarmac in Beirut; rest of passengers held for 17 days

1. The Reagan administration had been providing covert assistance to the Contras since 1981

n Then Congress passed the 1982 Boland Amendment, which prohibited the CIA, Defense Department, and any other government agency from providing any further covert military assistance.

 

The “Solution”:

1. The Reagan Administration sold military arms to Iran

• The US government hoped that this would influence Iran to pressure Hezbollah and other extremists to release the American hostages in Lebanon and stop abducting any more.

• The arms included 1,000 TOW missiles and additional miscellaneous weapons and parts.

1. The Reagan administration circumvented the Boland Amendment by using the National Security Council, which was not explicitly covered by the law, to supervise covert support of the Contras

• The NSC raised private and foreign funds for the Contras.

• In addition, proceeds from the arms sales to Iran were used to purchase arms for the Contras in an arrangement instituted by Lt. Colonel Oliver North

 

How it worked….:

 

 

How could this have happed in the United States?:

n What laws, policies, and ethics were violated?

 

If Iran attacked Britain what interest is it to the U.S?

- This would be a critical interest because it does not propose a threat to our survival at present, but has potential to become of vital interest. However, Britain is an ally of the U.S. and support of their defense would be recommended.

 

If U.S. action is required where would we go for advice and what options are available?

- We should seek advice from the CINC in charge of European Command.

- At that point he would recommend the strike operations of U.S. military forces.

- If a U.S. military strike operation was chosen the President would meet with the National Security Council. After assigning the mission the SECDEF would consult the Joint Chiefs of Staff to plan the operation, the appropriate military departments to train and equip the forces, and the Unified Command to conduct the operation. Once this was implemented the Commander on the ground would report directly to the SECDEF.

 

Pre - 1945

n Traditionally United States’ security policy based on perception of geographic isolation

n World War II

n Continental United States untouched by warfare

n Industrial base had provided weapons not only for U.S. but for allies

n U.S. produced atomic bomb

n Total collapse of Germany and Japan

 

Result:  U. S. believed there would be period of prolonged peace

Cold War (cont.)

n U.S. Response

n Containment Policy (George Kennen)

n U.S. would not attempt to defend everything everywhere

n Primary security interests = preventing any single power, especially Soviet Union, from imposing complete control over Western Europe and Japan

n Policy later expanded to include any area under threat of communist expansion (such as Vietnam)

n Truman Doctrine – Cost $17 Billion à S. Korean invasion of N. Korea is the event that made funding possible for Truman.

n New threats that communist regimes would take over in Greece and Turkey

n “U.S would help other nation maintain its political institutions and national integrity when threatened by aggressive attempt to overthrow them and to institute totalitarian regimes”

n Marshall Plan

n Massive economic aid program to help Europe recover from the World War II

 

Cold War (cont.)

n Response also included formal alliances

n North Atlantic Treat Organization (NATO)

n 12 signatories agreed to keep peace among themselves and to resist aggression jointly

n An attack on one would be considered an attack on all

n Organization of American States (OAS) – Members – U.S., Canada, & Latin America

n ANZUS Treaty (Australia and New Zealand)

n Southeast Asia Treaty Organization (SEATON) – Rule of unanimity to do anything – By 1973 became ineffective – Disbanded in 1975

n Central Treaty Organization (Turkey, Iran, Pakistan) (CEATO)

 

Nuclear Strategy (cont.)

n Two U. S. Strategies

n Mutually Assured Destruction (MAD)

n Required that U.S be able to absorb a Soviet surprise first strike of any size and retaliate, and destroy Soviet Union as a viable society

n Official U.S. policy in 1960’s (Kennedy, Johnson)

n Nuclear Flexibility

n Emphasis on options short of all-out war between U.S. and Soviet Union

n Creation of retaliatory forces sufficiently flexible and durable to fight a protracted or limited nuclear war

n 1970’s to 1980’s (Nixon, Ford Carter)

 

Post Cold War

n Breakup of Soviet Union

n Russia

n Became important to U.S. in stabilizing East-Central Europe and Central Eurasia

n Permitted Western access to important national resources (such as oil in the Caspian Sea Basis) and markets

 

Post Cold War (cont.)

n Nuclear Weapons

n In Post-Cold War period most Soviet weapons relocated to be under Russian control

n 2002:  Presidents Bush (senior) and Putin agreed to reduce the number of nuclear warheads in both countries

n U.S. has a vested interest in safety and security of Russia's weapons inventory as well as enriched uranium and plutonium

n Accounting system not good

n Continuing fear that weapons or material could get into hands of other states of non-state actors

n During Clinton Administration, U.S. provided Russia with aid and expertise to improve accountability, increase safe and secure transport and storage, and retrain Russian nuclear scientist for other work

 

Unconventional Conflict (cont.)

n Asymmetrical war

n “total” war for the small side

n No “center of gravity” for smaller force for larger side to attack

n Smaller side uses options such as hit-and-ruin raids, assassinations, ambushes

n Larger side can use a variety of types of forces

n Tends to be protected (Vietnam as an example)

n Ambiguity:

n Hard to separate friend from foe

n Difficult to develop clear criteria for “winning”

 

Unconventional Conflict (cont.)

n Difficult for U.S. to fight in this type of conflict

n Does not “play to our strengths”

n Legal ethical, and morally aspects

n Hostage-taking?  Assassinations?  Risk of “collateral damage or causalities”

 

Just War Theory

n Based on Aristotle, Cicero, and Augustine, among others

n Many aspects codified into contemporary international laws

n The United Nations Charter

n The Hague and Geneva Conventions

 

Jus ad bellum: justice of resorting to war

1. Just cause. A state may launch a war only for the right reason.

• self-defense from external attack; the defense of others from such; the protection of innocents from brutal, aggressive regimes

2. Right intention. A state must intend to fight the war only for the sake of its just cause.

• Ulterior motives, such as a power or land grab, or irrational motives, such as revenge or ethnic hatred, are ruled out.

• Concept of status quo ante bellum

3. Proper authority and public declaration. A state may go to war only if the decision has been made by the appropriate authorities, according to the proper process, and made public.

4.  Last Resort. A state may resort to war only if it has exhausted all plausible, peaceful alternatives to resolving the conflict in question, in particular diplomatic negotiation.

5. Probability of Success. A state may not resort to war if it can foresee that doing so will have no measurable impact on the situation.

• The aim here is to block mass violence which is going to be futile.

6. Proportionality. A state must, prior to initiating a war, weigh the universal goods expected to result from it, such as securing the just cause, against the universal evils expected to result, notably casualties.

• Only if the benefits are proportional to, or “worth”, the costs may the war action proceed

 

Jus ad bellum: justice of resorting to war

4. Just war theory insists all six criteria must each be fulfilled for a particular declaration of war to be justified: it's all or no justification, so to speak.

 

Jus in bello: right conduct during war

1. Obey all international laws on weapons prohibition

2. Discrimination and Non-Combatant Immunity

3. Proportionality Soldiers may only use force proportional to the end they seek.

4. Benevolent quarantine for prisoners of war (POWs)

5. No Means Mala in Se. Soldiers may not use weapons or methods which are “evil in themselves.”

• Examples:  genocide or ethnic cleansing; using poison; forcing captured soldiers to fight against their own side; and using weapons whose effects cannot be controlled, like biological agents.

6. No reprisals

 

Background

n National Security Strategy is mandated by the Goldwater-Nicholas Act of 1986

n President must report regularly to Congress and the American people on national security strategy

n Bush Administration Strategies

n Sept 2002 (after 9/11)

n March 2006

 

2006 NSS Pillars

1. Promoting freedom, justice, and human dignity (Not New Ideas)

n Working to end tyranny

n Promote effective democracies

n Extend prosperity through free and fair trade and wise development policies

1. Confronting challenges by leading a growing community of democracies (Built in Arrogance)

The right ones? (Justifies our actions, right or wrong – make people feel happy about our position)

 

Goals

1. Champion Aspirations for Human Dignity
2. Strengthen Alliances to Defeat Global Terrorism and Work to Prevent Attacks Against Us and Our Friends
3. Work with Others to Defuse Regional Conflicts
4. Prevent Our Enemies from Threatening Us, Our Allies, and Our Friends with Weapons of Mass Destruction (WMD)
5. Ignite a New Era of Global Economic Growth through Free Markets and Free Trade
6. Expand the Circle of Development by Opening Societies and Building the Infrastructure of Democracy
7. Develop Agendas for Cooperative Action with the Other Centers of Global Power
8. Transform American’s National Security Institutions to Meet the Challenges and Opportunities of the 21st Century
9. Engage the Opportunities and Confront the Challenges of Globalization

 

National Military Strategy (2004): Force Design and Size

1. Defend the homeland
2. Deter forward in and from four regions
3. Conduct two, overlapping “swift defeat” campaigns
4. “Win decisively” in one of the two campaigns

 

 

“Swift defeat” = achieve a limited set of objective to alter an adversary's unacceptable behavior or politics

“Win decisively” = bring about fundamental, favorable change in crisis region and create enduring results

 

“1-4-2-1 Construct”

 

***There Will Be a lot of Questions on Terrorism

Terrorism:  Definition (From CRS)

n Terrorism:  “Politically motivated violence perpetrated again noncombatant targets by sub-national groups or clandestine agents” (Missing “transnational” in the definition)

n Note:  not violence perpetrated by state (but can support or sponsor)

n International Terrorism: Terrorism involving citizens or property of more than one country

 

Types of Terrorism

n Terror-qua-terror (Ex. 9/11 – Oklahoma City)

n violence for the sake of violence - act is an end in itself

n Purposes

n strike at the system

n gain recognition for the group

n achieve a moral victory

n fulfill a mission in life (religious context)

n Revolutionary terrorism (More Rational…a little less scary)

n strategic as well as tactical instrument of a revolutionary group

n Examples:  Palestinian Liberation Organization, Viet Cong, Shining Path in Peru

Strategic – blow up an airplane to get world attention.

Tactical – Localized.

 

Types of Terrorism (cont.)

n State-Sponsored terrorism (Ex. Lebanon, Syria)

n a state actually organizes, trains, and finances terrorist groups

n State-Supported terrorism (Ex. Afghanistan)

n Religious Terrorism

n terror against other religions

n Cyberterrorism

n Examples:  disabling national computer infrastructure or penetrating vital commercial computer systems

 

Issue

Sometimes problems differentiating terrorism from criminal activity

 

Current Trends

n Loosely organized

n Self-financed

n International networks

n Religiously as well as ideologically-motivated

n Links among different terrorist organizations

n Military training

n Funding

n Technology transfer

n Political advice

n Stakes in combating terrorism are increasing

 

U.S. Response (cont.)

n Response to 9/11:  “Bush Doctrine”

n Policy shift from deterrence to preemption

n Assumption:  given potential catastrophic consequences of potential terrorist attack, can not afford to sit back, wait for attack to occur, and then response

n Examples:

n Afghanistan

n To remove Taliban regimes

n Known Al Qaeda training sites destroyed

n Some Taliban and Al Qaeda leaders killed or detained

n Iraq

 

U.S. Response to International Terrorism (cont.)

n Issues

n Dealing with underlying incitement

n Maximize international cooperation and support without compromising U.S. interests

n Minimize economic and civil liberties costs of enhanced security environment

 

Proliferation

n Weapons of Mass Destruction

n Traditionally nuclear

n “Loose nukes” from Soviet Union

n Possible transfer to non-state as well as state actors

n Now includes chemical and biological

n Anthrax for example

n Can be very small amount of a chemical

n Preventing proliferation of WMD long standing-goal of U.S. policy

n Nonproliferation policy is not working

n India, Pakistan 1998

n North Korea 2006 (or earlier)

n Iran

n Combination of terrorism and proliferation

n Evidence that Al Qaeda has attempted to acquire WMD

 

Intelligence:  Traditional Approach

n Targets

n Primarily Soviet Union

n Military

n Implications

n Large land mass was inaccessible so needed “stand-off” collectors

n Behavior of target(s) somewhat predicable

 

Targets

n Today’s targets include:

n Terrorism, narcotics, international criminal activity, WMD proliferation

n Includes non-state actors

n Often no fixed, easily identifiable location

n No fixed infrastructure

n Do much of their business face-to-face

n More geographically diffuse and disparate

 

Implications

n More than ever need “actionable” (reliable, timely, comprehensive) intelligence

n More difficult for policy makers to understand, use

n “Stand-off” collection doesn’t work

n “Footprint” often not fixed and can be quite small

n Hotel room

n Evidence may be very fragmentary and ambiguous (is activity for a WMD or a power plant?)

n HUMINT usually the best source however….

n Capability limitations

n Needs long-term effort

n Shortage of linguists and analysts

n Lack of ability to “blend in”

n Lack of plausible cover story

n Groups are not easy to penetrate

 

Implications (cont.)

n Availability of commercial imagery

n Good for U.S. for “pop-up” targets

n Bad because anyone can buy it including targets

n To see how much can be seen

n To get information on U.S. locations

 

9/11 and Intelligence

n 9/11

n Capabilities and general intentions of Al Qaeda and Osama bin Laden known

n Details of specific attack not known in advance

n Broad support immediately after 9/11 for “taking the leash” off Intelligence Community

n Assassination (“dead or alive”)

n Patriot Act allows greater cooperation between Intelligence Community and law enforcement as well as new policies (“sneak and peek”)

n “Rendition” – capture of individual overseas

n Subject is “rendered up” to justice

n Very controversial

n Some countries consider this illegal

 

What are some examples of how they interact?

(KNOW LIST)

n Right to privacy

n Library records

n Cruel and unusual punishment

n Free speech

n Free press

n Terrorist threat information

n May come from foreign govt with stipulation that it not be released

n Would disclose sources and methods if make threat info public

n Evidentiary rules

n Rules of interrogation

n What to do with “known” terrorist who can be charged yet with crime

n U. S. citizen who is also “enemy combatant” – which system tries him?

n Using new PATRIOT Act powers against crimes other than terrorism

 

Detainees at Guantanamo (cont.)

n Are there violations of civil liberties, U. S. values, or U. S. or international law?

n Denied due process

n “preventive detention” (Arrest Before Act is Committed)

n Cruel and unusual punishment

n Violation of international law because not being held in accordance with Geneva Conventions

 

Detainees at Guantanamo (cont.)

n What are other options to deal with known or suspected terrorists?

n Take those we can to court

n British model – More Aggressive –

1) detain for 28 days if suspected (isolate & interrogate)

2) Criminal Trial w/o Jury (No limit on evidence)

3) Suspect under “control orders” (monitor & restrict)

4) Deportation w/o notice to suspect or the suspects attorney

5) Indefinite detention for suspects who are unable to be deported 6) Detention if known/proved to support terrorism

7) Warrants by security officials rather than judges

8) Intercept internet.

 

Administration Justification - Summary

n President has well-recognized inherent constitutional authority as Commander-in-Chief and sole responsibility for the nation in foreign affairs and therefore can conduct warrantless surveillance of enemy forces for intelligence purposes to detect and disrupt armed attacks on the United States

n Constitution gives the President the authority necessary to fulfill that solemn responsibility

 

Administration Justification: AUMF

n Congress by statue confirmed and supplemented President’ authority under Article II of the Constitution to conduct such warrantless surveillance to prevent further catastrophic attacks on the homeland

n “use all necessary and appropriate forces against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks”

n Counter: AUMF does not override FISA; AUMF cannot override Constitution

n Counter/Counter:  President is authorized to conduct foreign surveillance from FISA framework; President is entitled to rely on FISA interruption

 

AUMF

Authorization for Use of Military Force
September 18, 2001

JOINT RESOLUTION

To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.

Whereas, on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and

Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and

Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and

Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and

Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

…..

SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

(b) War Powers Resolution Requirements-

(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes any requirement of the War Powers Resolution.

 

***ONLY A FEW QUESTIONS ON REMAINING STUFF

Administration Justification: Definition of Military Force

n Warrantless communications intelligence targeted at the enemy in time of armed conflict is a traditional and fundamental incident of the use of military force authorized by the AUMG

n Supreme Court in Hamdi v. Rumsfeld confirms that Congress in the AUMF gives its express approval to the military conflict against al Qaeda and its allies

 

Administration:  “Youngstown”

n The AUMF places the President at the zenith of his powers (Category #1) because he is acting in accordance with congressional authorization

 

Administration:  FISA Exception

n FISA contemplates that Congress may authorize warrantless electronic surveillance by a statue other than FISA

n AUMF does this

 

Fourth Amendment

n The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

CRS Report:  Constitution

n Foreign intelligence collection is not mentioned in either Article I (Congress) or Article II (President)

n It is more likely that the power to collect intelligence resides somewhere within the domain of foreign affairs and war powers, both of which are enabled to some degree by the President together with the Congress

 

CRS:  FISA

n After 9/11, Congress amended FISA so that it no longer requires a certification that the primary purpose is to gather foreign intelligence information

n Note:  FISA covers “U.S. person,” which is defined as any person within the United States, whether or not a U.S. citizen

 

CRS:  AUMF

n In Hamdi v. Rumsfeld, Supreme Courts declared that “a state of war is not a blank check for the President when it comes to the rights of the Nation's citizens.”

n For example, detainees have some due process rights under the U. S. Constitution