Sunday, September 21, 2014

He says mortgage the Heirloom to save Face

Saving face is so important to some people, they will do anything to have it – including the betting or mortgaging of the heirloom. You can see an example of this in the column that Daniel Henninger wrote under the title: “G.I. Joe in Lilliput” and the subtitle: “The U.S. military is a giant Gulliver tied down by Washington lawyers.” It was published on September 18, 2014 in the Wall Street Journal.

Henninger's idea is that America is a military giant but that it is not allowed to win wars by the Washington lawyers who tie it down in the same way that the little people of Lilliput tied down the giant named Gulliver. Stated simply, his point is this: “The U.S. military has become a giant Gulliver wrapped in a Lilliput of lawyers.” His recommendation is this: “No serious member of Congress should be a party to this toxic legacy.”

To elaborate on his point of view, he gives numerous examples of official behavior he finds objectionable. For example, when General Dempsey said that if the situation reaches the point where he believes American advisers should accompany Iraqi troops, he will make such recommendation. What irritates Henninger is that the White House responded by saying those remarks were hypothetical. And so Henninger goes on to describe the give and take as that of lawyers responding to a soldier.

Another example; one in which Henninger mocks the lawyers poking their noses in military affairs is the one having to do with a White House proposal, amended by Republican Buck McKeon to vet the Syrian rebels who will be “swarming the Syrian war zone” to participate in the war effort. The author sarcastically asks: “Will FBI agents interview friends and business associates” before training and arming the rebels?

Another angle that Henninger tackles is that which is caused by the complexities of modern warfare. One such complexity has to do with the targeting of terrorists using unmanned drones. Another is the use of electronic surveillance to do metadata sweeps. A third has to do with the CIA's interrogation techniques when enemy combatants are captured. The writer does not shy away from calling a mudslide the controversies that erupt in the news when those national security matters are discussed.

What he seems to dislike also is the summary fashion with which some of these controversies are settled. He mentions, for example, that the day the murder of Sotloff was announced, Eric Holder wrote Patrick Leahy informing him that he supports the bill to restrict the NSA's ability to collect telephone data. He also mentions the fact that Obama has bound the executive branch by saying that before being authorized, drone attacks must establish near certainty of not harming civilians.

Another development that seems to irritate Henninger is what he views as being the courts rewriting the rules of war. He calls this “a major post-Vietnam phenomenon.” He gives as example the Supreme Court's 2006 Hamdan decision on trials before military commissions, and the 2008 Boumedienne decision on the habeas corpus rights of captured combatants whom he calls terrorists.

Having drawn up this list of objections, Henninger deplores the fact that “each adds another thicket of legal consideration before, or even during military action.” He reveals that there are 10,000 lawyers in the Department of Defense in addition to those at Justice and those at the White House. He also mentions the ongoing debate in the legal blogs trying to settle whether or not it is correct to call ISIS “our enemy” which brings up the War Power Resolution of 1973 that places a 60-day limit on military action. And there is the question of what the Pentagon will do with captured combatants.

He ends the article by observing that the Vietnam engagement is what caused the hyper-legalization of war. He says the intent was to diminish the U.S.'s ability to act its superpower status, and that the movement will again mobilize to tie down the effort to defeat ISIS.

Well, in response to all that, it must be said that there are two things Henninger forgets in his presentation. The first is that America did not have these restrictions during the Vietnam War and lost it humiliatingly. The second is that the rule of law is America's heritage. To do away with it is like betting or mortgaging the family heirloom to save face about something that is as uncertain as playing poker. Would he do that with his own nest egg?