Democracy Now! & Glenn Greenwald / The Guardian – 2013-05-18 01:40:57
From Boston to Pakistan, Pentagon Officials Claim Entire World is a Battlefield
WASHINGTON, DC (May 16, 2013) — Pentagon officials today claimed President Obama and future presidents have the power to send troops anywhere in the world to fight groups linked to al-Qaeda, based in part on the Authorization for Use of Military Force (AUMF), passed by Congress days after the attacks on Sept. 11, 2001.
Speaking at the first Senate hearing on rewriting the AUMF, Pentagon officials specifically said troops could be sent to Syria, Yemen and the Congo without new congressional authorization. Michael Sheehan, the assistant secretary of defense for special operations and low-intensity conflict, predicted the war against al-Qaeda would last at least 10 to 20 more years.
Senator Angus King (I-Maine) challenged the Pentagonâ€™s interpretation of the Constitution and that the entire world is a battlefield. “This is the most astounding and most astoundingly disturbing hearing Iâ€™ve been to since Iâ€™ve been here. You guys have essentially rewritten the Constitution here today,” King said. “You guys have invented this term ‘associated forces’ thatâ€™s nowhere in this document. … Itâ€™s the justification for everything, and it renders the war powers of Congress null and void.”
This excerpt of the hearing includes Sen. Lindsey Graham (R-SC); Robert Taylor, acting general counsel, Department of Defense; Michael Sheehan, assistant secretary of defense for special operations/low-intensity conflict, Department of Defense; and Sen. Angus King (I-Maine).
SEN. LINDSEY GRAHAM: Do you agree with me, the war against radical Islam, or terror, whatever description you like to provide, will go on after the second term of President Obama?
MICHAEL SHEEHAN: Senator, in my judgment, this is going to go on for quite a while, and, yes, beyond the second term of the president.
SEN. LINDSEY GRAHAM: And beyond this term of Congress?
MICHAEL SHEEHAN: Yes, sir. I think itâ€™s at least 10 to 20 years.
SEN. LINDSEY GRAHAM: So, from your point of view, you have all of the authorization and legal authorities necessary to conduct a drone strike against terrorist organizations in Yemen without changing the AUMF.
MICHAEL SHEEHAN: Yes, sir, I do believe that.
SEN. LINDSEY GRAHAM: You agree with that, General?
BRIG. GEN. RICHARD GROSS: I do, sir.
SEN. LINDSEY GRAHAM: General, do you agree with that?
GEN. MICHAEL NAGATA: I do, sir.
SEN. LINDSEY GRAHAM: OK. Could we send military members into Yemen to strike against one of these organizations? Does the president have that authority to put boots on the ground in Yemen?
ROBERT TAYLOR: As I mentioned before, thereâ€™s domestic authority and international law authority. At the moment, the basis for putting boots on the ground in Yemen, we respect the sovereignty of Yemen, and it would —
SEN. LINDSEY GRAHAM: Iâ€™m not talking about that. Iâ€™m talking about: Does he have the legal authority under our law to do that?
ROBERT TAYLOR: Under domestic authority, he would have that authority.
SEN. LINDSEY GRAHAM: I hope that Congress is OK with that. Iâ€™m OK with that. Does he have authority to put boots on the ground in the Congo?
MICHAEL SHEEHAN: Yes, sir, he does.
SEN. LINDSEY GRAHAM: OK. Do you agree with me that when it comes to international terrorism, weâ€™re talking about a worldwide struggle?
MICHAEL SHEEHAN: Absolutely, sir. [inaudible]
SEN. LINDSEY GRAHAM: Would you agree with me the battlefield is wherever the enemy chooses to make it?
MICHAEL SHEEHAN: Yes, sir, from Boston to the FATA [the Federally Administered Tribal Areas of Pakistan].
SEN. LINDSEY GRAHAM: I couldnâ€™t agree with you more. Weâ€™re in a — do you agree with that, General?
BRIG. GEN. RICHARD GROSS: Yes, sir. I agree that the enemy decides where the battlefield is.
SEN. LINDSEY GRAHAM: And it could be anyplace on the planet, and we have to be aware and able to act. And do you have the ability to act, and are you aware of the threats?
MICHAEL SHEEHAN: Yes, sir. We do have the ability to react, and we are tracking threats globally.
SEN. LINDSEY GRAHAM: From my point of view, I think your analysis is correct, and I appreciate all of your service to our country.
SEN. CARL LEVIN: Senator King.
SEN. ANGUS KING: Gentlemen, Iâ€™ve only been here five months, but this is the most astounding and most astoundingly disturbing hearing that Iâ€™ve been to since Iâ€™ve been here. You guys have essentially rewritten the Constitution here today.
The Constitution, Article I, Section 8, Clause 11, clearly says that the Congress has the power to declare war. This — this authorization, the AUMF, is very limited. And you keep using the term “associated forces.” You use it 13 times in your statement. That is not in the AUMF. And you said at one point, “It suits us very well.” I assume it does suit you very well, because youâ€™re reading it to cover everything and anything. And then you said, at another point, “So, even if the AUMF doesnâ€™t apply, the general law of war applies, and we can take these actions.” So, my question is: How do you possibly square this with the requirement of the Constitution that the Congress has the power to declare war?
This is one of the most fundamental divisions in our constitutional scheme, that the Congress has the power to declare war; the president is the commander-in-chief and prosecutes the war. But youâ€™re reading this AUMF in such a way as to apply clearly outside of what it says.
Senator McCain was absolutely right: It refers to the people who planned, authorized, committed or aided the terrorist attacks on September 11. Thatâ€™s a date. Thatâ€™s a date. It doesnâ€™t go into the future. And then it says, “or harbored such organizations” — past tense — “or persons in order to prevent any future acts by such nations, organizations or persons.” It established a date.
I donâ€™t disagree that we need to fight terrorism. But we need to do it in a constitutionally sound way. Now, Iâ€™m just a little, old lawyer from Brunswick, Maine, but I donâ€™t see how you can possibly read this to be in comport with the Constitution and authorize any acts by the president.
You had testified to Senator Graham that you believe that you could put boots on the ground in Yemen now under this — under this document. That makes the war powers a nullity. Iâ€™m sorry to ask such a long question, but my question is: Whatâ€™s your response to this? Anybody?
MICHAEL SHEEHAN: Senator, let me take the first response. Iâ€™m not a constitutional lawyer or a lawyer of any kind. But let me talk to you a little — take a brief statement about al-Qaeda and the organization that attacked us on September 11, 2001. In the two years prior to that, Senator King, that organization attacked us in East Africa and killed 17 Americans in our embassy in Nairobi, with loosely affiliated groups of people in East Africa.
A year prior to 9/11, that same organization, with its affiliates in Yemen, almost sunk a U.S. ship, the USS Cole, a billion-dollar warship, killed 17 sailors in the port of Aden. The organization that attacked us on 9/11 already had its tentacles in — around the world with associated groups.
That was the nature of the organization then; it is the nature of the organization now. In order to attack that organization, we have to attack it with those affiliates that are its operational arm that have previously attacked and killed Americans, and at high-level interests, and continue to try to do that.
SEN. ANGUS KING: Thatâ€™s fine, but thatâ€™s not what the AUMF says. You can — you can — what Iâ€™m saying is, we may need new authority, but donâ€™t — if you expand this to the extent that you have, itâ€™s meaningless, and the limitation in the war power is meaningless.
Iâ€™m not disagreeing that we need to attack terrorism wherever it comes from and whoever is doing it. But what Iâ€™m saying is, letâ€™s do it in a constitutional way, not by putting a gloss on a document that clearly wonâ€™t support it. It just — it just doesnâ€™t — it just doesnâ€™t work.
Iâ€™m just reading the words. Itâ€™s all focused on September 11 and who was involved, and you guys have invented this term “associated forces” thatâ€™s nowhere in this document. As I mentioned, in your written statement, you use that — thatâ€™s the key term. You use it 13 times. Itâ€™s the justification for everything. And it renders the war powers of the Congress null and void. I donâ€™t understand.
I mean, I do understand youâ€™re saying we donâ€™t need any change, because the way you read it, you can — you could do anything. But why not say — come back to us and say, “Yes, youâ€™re correct that this is an overbroad reading that renders the war powers of the Congress a nullity; therefore, we need new authorization to respond to the new situation”? I donâ€™t understand why — I mean, I do understand it, because the way you read it, thereâ€™s no limit. But thatâ€™s not what the Constitution contemplates.
Washington Gets Explicit: Its ‘War on Terror’ Is Permanent
Glenn Greenwald / The Guardian
(May 17, 2013) — Last October, senior Obama officials anonymously unveiled to the Washington Post their newly minted “disposition matrix”, a complex computer system that will be used to determine how a terrorist suspect will be “disposed of” — indefinite detention, prosecution in a real court, assassination-by-CIA-drones, etc.
Their rationale for why this was needed now, a full 12 years after the 9/11 attack:
“Among senior Obama administration officials, there is a broad consensus that such operations are likely to be extended at least another decade. Given the way al-Qaida continues to metastasize, some officials said no clear end is in sight. . . . That timeline suggests that the United States has reached only the midpoint of what was once known as the global war on terrorism.”
On Thursday, the Senate Armed Services Committee held a hearing on whether the statutory basis for this “war” — the 2001 Authorization to Use Military Force (AUMF) — should be revised (meaning: expanded). This is how Wired‘s Spencer Ackerman (soon to be the Guardian US’s national security editor) described the most significant exchange:
“Asked at a Senate hearing today how long the war on terrorism will last, Michael Sheehan, the assistant secretary of defense for special operations and low-intensity conflict, answered, ‘At least 10 to 20 years.’ . . . A spokeswoman, Army Col. Anne Edgecomb, clarified that Sheehan meant the conflict is likely to last 10 to 20 more years from today — atop the 12 years that the conflict has already lasted. Welcome to America’s Thirty Years War.”
That the Obama administration is now repeatedly declaring that the “war on terror” will last at least another decade (or two) is vastly more significant than all three of this week’s big media controversies (Benghazi, IRS, and AP/DOJ) combined.
The military historian Andrew Bacevich has spent years warning that US policy planners have adopted an explicit doctrine of “endless war”. Obama officials, despite repeatedly boasting that they have delivered permanently crippling blows to al-Qaida, are now, as clearly as the English language permits, openly declaring this to be so.
It is hard to resist the conclusion that this war has no purpose other than its own eternal perpetuation. This war is not a means to any end but rather is the end in itself. Not only is it the end itself, but it is also its own fuel: it is precisely this endless war — justified in the name of stopping the threat of terrorism — that is the single greatest cause of that threat.
In January, former Pentagon general counsel Jeh Johnson delivered a highly-touted speech suggesting that the war on terror will eventually end; he advocated that outcome, arguing:
“‘War’ must be regarded as a finite, extraordinary and unnatural state of affairs. We must not accept the current conflict, and all that it entails, as the ‘new normal.'”
In response, I wrote that the “war on terror” cannot and will not end on its own for two reasons: (1) it is designed by its very terms to be permanent, incapable of ending, since the war itself ironically ensures that there will never come a time when people stop wanting to bring violence back to the US (the operational definition of “terrorism”), and (2) the nation’s most powerful political and economic factions reap a bonanza of benefits from its continuation.
Whatever else is true, it is now beyond doubt that ending this war is the last thing on the mind of the 2009 Nobel Peace Prize winner and those who work at the highest levels of his administration. Is there any way they can make that clearer beyond declaring that it will continue for “at least” another 10-20 years?
The genius of America’s endless war machine is that, learning from the unplesantness of the Vietnam war protests, it has rendered the costs of war largely invisible.
That is accomplished by heaping all of the fighting burden on a tiny and mostly economically marginalized faction of the population, by using sterile, mechanized instruments to deliver the violence, and by suppressing any real discussion in establishment media circles of America’s innocent victims and the worldwide anti-American rage that generates.
Though rarely visible, the costs are nonetheless gargantuan. Just in financial terms, as Americans are told they must sacrifice Social Security and Medicare benefits and place their children in a crumbling educational system, the Pentagon remains the world’s largest employer and continues to militarily outspend the rest of the world by a significant margin.
The mythology of the Reagan presidency is that he induced the collapse of the Soviet Union by luring it into unsustainable military spending and wars: should there come a point when we think about applying that lesson to ourselves?
Then there are the threats to Americans’ security. Having their government spend decades proudly touting itself as “A Nation at War” and bringing horrific violence to the world is certain to prompt more and more people to want to attack Americans, as the US government itself claims took place just recently in Boston (and as clearly took place multiple other times over the last several years).
And then there’s the most intangible yet most significant cost: each year of endless war that passes further normalizes the endless rights erosions justified in its name. The second term of the Bush administration and first five years of the Obama presidency have been devoted to codifying and institutionalizing the vast and unchecked powers that are typically vested in leaders in the name of war.
Those powers of secrecy, indefinite detention, mass surveillance, and due-process-free assassination are not going anywhere. They are now permanent fixtures not only in the US political system but, worse, in American political culture.
Each year that passes, millions of young Americans come of age having spent their entire lives, literally, with these powers and this climate fixed in place: to them, there is nothing radical or aberrational about any of it.
The post-9/11 era is all they have been trained to know. That is how a state of permanent war not only devastates its foreign targets but also degrades the population of the nation that prosecutes it.
This war will end only once Americans realize the vast and multi-faceted costs they are bearing so that the nation’s political elites can be empowered and its oligarchs can further prosper. But Washington clearly has no fear that such realizations are imminent. They are moving in the other direction: aggressively planning how to further entrench and expand this war.
One might think that if there is to be a debate over the 12-year-old AUMF, it would be about repealing it. Democratic Congresswoman Barbara Lee, who heroically cast the only vote against it when it was originally enacted by presciently warning of how abused it would be, has been advocating its repeal for some time now in favor of using reasonable security measures to defend against such threats and standard law enforcement measures to punish them (which have proven far more effective than military solutions). But just as happened in 2001, neither she nor her warnings are deemed sufficiently Serious even to consider, let alone embrace.
Instead, the Washington AUMF “debate” recognizes only two positions:
(1) Congress should codify expanded powers for the administration to fight a wider war beyond what the 2001 AUMF provides (that’s the argument recently made by the supreme war-cheerleaders-from-a-safe-distance at the Washington Post editorial page and their favorite war-justifying think tank theorists, and the one being made by many Senators from both parties), or
(2) the administration does not need any expanded authority because it is already free to wage a global war with very few limits under the warped “interpretation” of the AUMF which both the Bush and Obama DOJs have successfully persuaded courts to accept (that’s the Obama administration’s position).
In other words, the shared premise is that the US government must continue to wage unlimited, permanent war, and the only debate is whether that should happen under a new law or the old one.
Just to convey a sense for how degraded is this Washington “debate”: Obama officials at yesterday’s Senate hearing repeatedly insisted that this “war” is already one without geographical limits and without any real conceptual constraints. The AUMF’s war power, they said, “stretches from Boston to the [tribal areas of Pakistan]” and can be used “anywhere around the world, including inside Syria, where the rebel Nusra Front recently allied itself with al-Qaida’s Iraq affiliate, or even what Sen. Lindsey Graham (R-SC) called ‘boots on the ground in Congo.'”
The acting general counsel of the Pentagon said it even “authorized war against al-Qaida’s associated forces in Mali, Libya and Syria”. Newly elected independent Sen. Angus King of Maine said after listening to how the Obama administration interprets its war powers under the AUMF:
“This is the most astounding and most astoundingly disturbing hearing that I’ve been to since I’ve been here. You guys have essentially rewritten the Constitution today.”
Former Bush DOJ official Jack Goldsmith, who testified at the hearing, summarized what was said after it was over: Obama officials argued that “they had domestic authority to use force in Mali, Syria, Libya, and Congo, against Islamist terrorist threats there”; that “they were actively considering emerging threats and stated that it was possible they would need to return to Congress for new authorities against those threats but did not at present need new authorities”; that “the conflict authorized by the AUMF was not nearly over”; and that “several members of the Committee were surprised by the breadth of DOD’s interpretation of the AUMF.”
Conveying the dark irony of America’s war machine, seemingly lifted right out of the Cold War era film Dr. Strangelove, Goldsmith added:
“Amazingly, there is a very large question even in the Armed Services Committee about who the United States is at war against and where, and how those determinations are made.”
Nobody really even knows with whom the US is at war, or where. Everyone just knows that it is vital that it continue in unlimited form indefinitely.
In response to that, the only real movement in Congress is to think about how to enact a new law to expand the authorization even further. But it’s a worthless and illusory debate, affecting nothing other than the pretexts and symbols used to justify what will, in all cases, be a permanent and limitless war. The Washington AUMF debate is about nothing other than whether more fig leafs are needed to make it all pretty and legal.
The Obama administration already claims the power to wage endless and boundless war, in virtually total secrecy, and without a single meaningful check or constraint. No institution with any power disputes this.
To the contrary, the only ones which exert real influence — Congress, the courts, the establishment media, the plutocratic class — clearly favor its continuation and only think about how further to enable it. That will continue unless and until Americans begin to realize just what a mammoth price they’re paying for this ongoing splurge of war spending and endless aggression.
Although I’m no fan of mindless partisan hackery, one must acknowledge, if one is to be honest, that sometimes it produces high comedy of the type few other afflictions are capable of producing.
On a related note: when Attorney General Eric Holder spoke about the DOJ’s subpoeans for AP’s phone records — purportedly issued in order to find the source for AP’s story about a successfully thwarted terror attack from Yemen — he made this claim about the leak they were investigating: “if not the most serious, it is within the top two or three most serious leaks that I have ever seen.”
But yesterday, the Washington Post reported that CIA officials gave the go-ahead to AP to report the story, based in part on the fact that the administration itself planned to make a formal announcement boasting of their success in thwarting the plot.
Meanwhile, the invaluable Marcy Wheeler today makes a strong case that the Obama administration engaged in a fear-mongering campaign over this plot that they knew at the time was false — all for the purpose of justifying the president’s newly announced “signature drone strikes” in Yemen.
The key lesson from all of this should have been learned long ago: nothing is less reliable than unchecked claims from political officials that their secret conduct is justified by National Security Threats and the desire to Keep Us Safe.
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