The AUMF and War in the Middle East

June 18, 2019

Among the problems with the outdated Authorizations for the Use of Military Force are the countries trying to get Uncle Sam to fight their wars, the difficulty in telling who did what, and in knowing what even our own Administration is up to. Remember that one American Administration took us into Vietnam on the basis of attacks on American military vessels that never happened, and another Administration took us into Iraq on the basis of similarly cooked evidence.

Nor is it easy to tell what the current Administration is doing. The Administration tells us it is confronting Russia by implanting weapons in their power grids.[1] But Trump Administration officials warned the former secretary of Homeland Security not to bring up its efforts to confront Russian interference with upcoming American elections.[2] Are we facing them or bowing to them? As Bret Stephens put it, “the Trump administration has credibility issues, to put it mildly, which is one reason why electing a compulsive prevaricator to the presidency is dangerous to national security.”[3]

Should we support the Administration’s warlike stance toward Iran, on the assumption that we have accurate information that Iran torpedoed two tankers in the Gulf of Oman, including one that is Japanese owned, or should we believe the Japanese that the ships were attacked “by a ‘flying object’” from the air, not torpedoes in the water?[4] Is the best comparison the cooked attack in the Gulf of Tonkin in the Johnson Administration or the cooked claims that Iraq had weapons of mass destruction in the George W. Bush Administration?[5]

And what is all this for? Trump says he wants to stop Iran from going nuclear but Obama had already done that for the foreseeable future. Trump instead released Iran from its obligations under the nuclear agreement. The difference seems to be that Trump wants the credit. But he keeps threatening Iran and getting mad when they don’t lie down and play dead. Worse, Iran is disciplined and intelligent enough to find ways to fight back. Trump seems to figure that Iran alone has no right to fight back, though that way of thinking is likely to involve us in a totally unnecessary war, unnecessary because the agreement he terminated did a pretty good job.

The fist pumping and showing off of military hardware is supposed to make Trump look tough, but it risks the lives of American men and women, not to protect America, but to protect Trump’s reputation, whether as tough guy or as bully depending on whom you ask.

American lives should not be spent in the Middle East. There’s little evidence that we can do any good. Its oil is no longer important and would be better left in the ground. It’s run by a bunch of petty dictators, most of whom would fade into insignificance without American aid and involvement. Moreover, by comparison to most countries in the Middle East, Iran has a relatively stable democratic system. Iran’s clerics have certainly imposed limits but nevertheless the people have a major voice in the choice of the Prime Minister and the legislature. Let Saudi Arabia and the other Gulf states fight their own battles.

Meanwhile, I completely agree with Paul Barker, another former Peace Corps Volunteer who served this country in Iran, like I did, and who wrote the LA Times that before this Administration “leads the U.S. into yet another disastrous war, our lawmakers must repeal the 2001 and 2002 Authorizations for the Use of Military Force and secure the passage of the Prevention of Unconstitutional War with Iran Act. The U.S. can ill afford to stumble into yet another forever war in the Mideast.”[6]

[1] David E. Sanger and Nicole Perlroth, U.S. Escalates Online Attacks on Russia’s Power Grid, https://www.nytimes.com/2019/06/15/us/politics/trump-cyber-russia-grid.html.

[2] Eric SchmittDavid E. Sanger and Maggie Haberman, In Push for 2020 Election Security, Top Official Was Warned: Don’t Tell Trump, https://www.nytimes.com/2019/04/24/us/politics/russia-2020-election-trump.html?action=click&module=RelatedCoverage&pgtype=Article&region=Footer.

[3] Bret Stephens, The Pirates of Tehran: If Iran won’t change its behavior, we should sink its navy, https://www.nytimes.com/2019/06/14/opinion/iran-oil-tanker-attack.html?action=click&module=Opinion&pgtype=Homepage.

[4] Eliot Higgins, Was Iran Behind the Oman Tanker Attacks? A Look at the Evidence, June 14, 2019, https://www.nytimes.com/2019/06/14/opinion/iran-tanker-attacks.html?action=click&module=RelatedLinks&pgtype=Article.

[5] Id.

[6] Paul Barker to the LA Times, , 5/18/19.


Iran and the US

May 14, 2019

I can’t update the news from the Persian Gulf except to express my skepticism. I intended to go behind the news to look at Iranian and American views of each other. I still think that’s useful.

Problems between our countries are vestiges of nineteenth and early twentieth century colonialism which gave the west control over Iranian oil fields. In the 1950s, Prime Minister Mossadegh was unwilling to continue that relationship. This country replaced him with the Shah largely over oil, creating a relationship that hurt Iranian pride..

Iran also shared a border with the former Soviet Union and there had been military conflict between them. Mossadegh, sought peaceful coexistence with the U.S.S.R. Although his behavior was similar to other unaligned leaders like Tito in Yugoslavia, this country refused to show him the same respect.

After its Revolution, with its present combination of an elected legislature and clerical Guardian Council, the U.S. spent decades trying to isolate Iran, despite Iranian overtures to negotiate all our differences. Needing alliances outside our sphere of influence, Iran maintained alliances with conservative Middle Eastern religions. Of course that makes them seem even worse to us.

Obama’s willingness to show respect for Iranian sovereignty and not treat them like an American client, was crucial to his ability to reach a deal over nuclear fuel. Obama believed a fundamental mistake of American Middle Eastern policy has been the belief that we could and should control it for purposes that have had little to do with American security.

But this Administration believes it gets support at home by flexing its muscles along with threats and insults. As Reese Erlich put it, “To assert U.S. hegemony in the Middle East, Washington must have a truly evil enemy to combat. Mad mullahs with nukes fit the bill.”[i] The story they’ve been telling looks as far from reality as the Bush-Cheney story of weapons of mass destruction in Iraq.

What does Trump’s America look like to Iran?

Despite our warships, Iran has good reason to think we’re weak. American alliances are in shambles and US trading preeminence is over. One-on-one trade deals maximize US power over weak countries but it sours relations with others. Our sanctions against Iran foul the economies of countries that used to be our friends. Equally important, another war in the Middle East would weaken us in parts of the world, like the Far East, where our interests are truly being challenged.

For our traditional European allies, Trump’s bizarre affection for dictators, is a turn off and a warning sign. And it encourages the militarization of countries like Turkey which used to be part of the peaceful, human rights respecting, democratic countries of NATO and the E.U.

So across the globe, including hotspots, like Turkey, North Korea, and Iran, it now seems that American agreements can’t be trusted. That gives them a reason to seek, not avoid, nuclear arms, because without them, they would be as vulnerable to American conquest as Iraq was. It shouldn’t be surprising, then, that Iran threatened to enrich their nuclear materials beyond what they need for peaceful uses. That, of course, is counter-productive for America, although they are a lot further from building a weapon than this Administration would have you believe.

And it must seem to Muslims that we are supporting 21st century crusades through US threats, client dictators and carte blanche to Israel.

As for breaking news from the Gulf, we have learned from Vietnam and Iraq, that our government does not always tell us the truth. Sadly, this president is no paragon of honesty. And after the Kashoggi affair, it is clear that Saudi Arabia and its allies are less than trustworthy. So I believe the best analogy for what’s going on, is what went on, in Iraq.

 – This commentary was broadcast on WAMC Northeast Report, May 14, 2019


[i] The Iran Agenda Today, 45 (2019).


The Importance of Learning from Others

November 27, 2018

Americans have been reluctant to accept the importance of studying other countries. We tend to divide them into good and evil and assume that’s all we need to know.

As a teenager I was interested in science and in classical music. For both, I thought it wise to learn some German. But few schools taught it in the wake of World War II. Germans were the enemy.  But two World Wars provided reason enough to study German. President Roosevelt understood how vile and dangerous Hitler was long before Pearl Harbor and took steps to prepare the American military because he could and did read Hitler’s Mein Kampf in the original German.

Americans, however, seem more concerned about being subverted by knowledge of foreign places than by the costs of ignorance. It’s as if many of us have an inferiority complex about our own culture. White racists bask in western European skin color even while screaming America first. America has enormous worldwide influence, but many Americans continue to fear comparison to worldwide knowledge.

From the Napoleonic wars through the Franco-Prussian and two world wars, old World European nations repeatedly attempted world dominance and took a hundred million people to their graves. This country created or supported numerous international institutions to keep Europe at peace, the Soviet Union at bay and level out the boom and bust cycle of international economics, but too many Americans fear those same international institutions as if they were the work of foreign hands designed to subvert us.

The costs of ignorance are serious. Too many American Administrations have treated Saudi Arabia as an ally though it is run as a savage and medieval country, and too many, except for Obama, couldn’t accept talking or negotiating with Iran despite repeated overtures to the U.S. and the fact that they are one of the most westernized, even Americanized, countries in the Middle East. We’ve made similar mistakes trying to control who governs in Central and South America, Vietnam, and other countries. America seemed incapable of appreciating the strategic sense and the long game behind Obama’s attempt to strengthen America’s position in the Far East. It may be too late to recover the ground lost to China.

It’s time to get over our terror of learning about and respecting other peoples. It’s an odd terror for a country made up of so many different peoples. It’s an odd terror for a country in which we can walk out of a bus or train station in cities like New York and enjoy the kindness of strangers who themselves come from all over the world. It’s an odd terror in a country where we talk with taxi drivers about their immigration to and joy at being here. It’s a terror that undermines the benefits of our universally admired university system.

Does one really have to be from somewhere else to appreciate the strengths of our own country? Must appreciating our own country rest on ignorance of others? Or can we trust ourselves to learn about others, to appreciate their strengths as well as faults, to build on and incorporate their accomplishments into our own as we have done in art, literature, music, theatre, dance and so many other arts and sciences, to learn from others as well as from each other as we build our own strengths? Or are we really afraid that recognizing the strengths of others will sap our own?

The internet attributes to many people, from Eleanor Roosevelt to Sam Levenson, a family friend of ours, that we must learn from the mistakes of others because we don’t have time to make them all ourselves. First, however, we need to encourage each other to explore and learn.

— This commentary was broadcast on WAMC Northeast Report, November 27, 2018.

 

 

 

 


Polarizing America

January 31, 2017

I’d like to give my spleen a break for a week and talk about some of the dynamics that are polarizing  America, that neither side can solve because the problem is structural. Law has contributed with crucial changes regarding political parties, the media, the draft and residential segregation (which Brown did not prevent). I’d love to hear good suggestions for countering the polarizing effects of those legal changes.[i]

Primaries originally broke up state monopoly parties. We’ve long known that primary elections push candidates apart to appeal to their parties’ most committed voters. After 1968 the primary system became the exclusive method for nominating presidents, pushing the parties further apart.

In broadcasting, three networks controlled radio and television until Congress changed copyright rules, allowing cable television expansion to over a hundred channels, and niche broadcasting to separate audiences. The courts and Federal Communications Commission also killed the Fairness Doctrine, which required broadcasters to present a balanced presentation of controversial issues of public importance. Then Congress made it almost impossible to hold any internet company responsible for even the most outrageous falsehoods published on their systems. Those media law changes made it unnecessary to pay any attention to opposing views. Plus, instead of limiting damages for defamation, as Justice Marshall suggested, the Court gave media much more complete protection.

At the Federal Housing Administration, officials long refused to insure mortgages to African-Americans, regardless of income. That prevented African-Americans from joining the march to the suburbs, drove disinvestment in their existing neighborhoods, and pushed us apart.

The end of the draft has been huge. The military had drafted people without regard to wealth, class, or geography. President Teddy Roosevelt said “the military tent, where all sleep side-by-side, will rank next to the public school among the great agents of democratization.”[2] And indeed the soldiers came home with lifelong buddies from all over America. Arguments about the Vietnam war ended the draft and led to the so-called volunteer army, which doesn’t reach the same cross-section of America. That changed our attitudes toward each other, and how polarized we’ve become.

There were good reasons for the changes to the nominating system, the media, and the draft but the combined price has been to polarize us. Polarization matters. It blocks our ability to listen to each other, even to care about each other. And if we can’t care, the very notion of public welfare, what’s good for all of us, seems like self-pleading.

The market can’t pick up the slack; it fails in many ways. Worse, for market ideologues, democracy, the major counterforce to the market, seems illegitimate. In other words, the stakes are huge – the legacy of our Revolution, our Constitution, and our collective welfare. Somehow, we have to break down polarization, and restore what used to bring us together or find substitutes – for public schools, military service, media that reached across aisles, and integrated housing and communities.

I doubt the cat can be put back in the bag, especially in this polarized environment, but I’d love to hear good suggestions.

— This commentary was broadcast on WAMC Northeast Report, January 31, 2017. For a more extensive treatment, see my Unfit For Democracy: The Roberts Court and the Breakdown of American Politics at 153-67 (NYU Press 2016) or Law and the Polarization of American Politics, 25 Georgia State L. Rev. 339 (2008).

[1] For a more extensive treatment, see my Unfit For Democracy: The Roberts Court and the Breakdown of American Politics at 153-67 (NYU Press 2016) or Law and the Polarization of American Politics, 25 Georgia State L. Rev. 339 (2008).

[2] Quoted in John Whiteclay Chambers, II, Conscripting for Colossus: The Progressive Era and the Origin of the Modern Military Draft in the United States in World War I, in The Military in America from the Colonial Era to the Present 302 (Free Press, Peter Karsten, ed., rev. ed. 1986).


In the Wake of Atrocities is Moderation Possible

November 28, 2015

In the wake of murders like those in Paris, is it possible to talk about moderation? The impulse to kill is very strong. I know I’d feel it if it came close. And yet we know that many innocent men are put to death. And if an innocent person is executed, the killer, or killers, are still alive. And kangaroo courts or lynch law threaten everyone. The circle of murder can widen, as it did with the infamous Hatfields and McCoys. I’ve taught a descendent of the McCoys, actually a lovely young woman in West Virginia. But a murder turned into a war and decimated the families. Was that worth it – all the innocent lives. We are taught that two wrongs don’t make a right, but in the aftermath, do we have the strength to see that?

It was very difficult to oppose the war in Iraq. We know now it was a mistake, and one that did a great deal of damage, in the lives of innocent men and women, in destabilizing the region, in creating the opportunity for Daesh to thrive.

I’m terrified of the political pressure behind the hawks now. So-called collateral damage can cause a reaction that engulfs the world in flames. Our own reactions to the Paris bombing demonstrate the fact. Yet Daesh clearly hopes that we in turn will cause so much collateral damage that it will pull all the Muslims that oppose Daesh now into the fray to defend an Islam that seems under attack.

We should have learned by now that what matters in war is not what we think is justified, but what our actions produce. Lincoln understood that, calculating carefully how and when he used the slavery issue in the Civil War. Vietnam should have brought home to us that what people think matters. But the atrocities of some both in the Administration and carrying the flag in Iraq showed that the lessons of Vietnam didn’t reach everyone. Iraq continues to be a problem for us not only because it destabilized the region but also because the crude things that some people did in the name of America continue to inflame many people about us. It’s not about appeasement; it’s about pacification. It’s about keeping conflicts as small as possible. Every conflict isn’t about Hitler in 1938; sometimes the right analogy is to Versailles at the end of World War I when the victorious allies imposed punishments that radicalized the German people. Notice how differently the end of World War II came out, when the allies reaffirmed the rule of law and found constructive ways forward, not only for us but for the German people, not only the Marshall Plan but also the European Union which gave Germany both an important role and an important stake in the future of a united Europe.

That’s hard. That takes real statesmanship. Vice-president Biden’s comments Saturday impressed me. He started by identifying Daesh’s goals and then pointed out that we should not play into their hands by widening the war against Islam. Think of Daesh as holding a match and trying to start a fire or a detonator and trying to set off an explosion. Daesh by itself is infuriating. One commentator compared them to pirates. But without sparking that wider war, they cannot defeat us or any significant country. In this conflict, we have to respond with our heads, not our hearts. Like forest fighters, we have to contain the blaze before we can put it out. President Obama’s talk about containment was absolutely right. Thank heaven that we have a president who uses his head. The question is whether the American people can rise to the challenge of supporting a policy that’s based on intelligent calculations instead of emotional displays of power.

— This commentary was broadcast on WAMC Northeast Report, November 24, 2015.


ISL and US Foreign Policy

September 16, 2014

America decided to deal with the Native Americans by war and exile. It took three centuries, as succeeding generations of Indians realized that the White Man would honor no treaty and give them no peace.

Israel has tried since the 1960s to deal with what initially were relatively isolated attacks, by holding every country in the neighborhood responsible, and responding massively to each attack. Six decades later the problem has widened. Unlike the Native Americans, the Palestinians have major allies.

We have repeatedly responded with military force to foreign problems only to see them spin out of control and make things much worse. Read the rest of this entry »


Ukraine – The Limits of Power

April 22, 2014

It’s worth another look at Ukraine. Americans have taken a principled pro-democracy stand. But before we get too self-congratulatory, let’s find a little perspective. Read the rest of this entry »


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