via Tom Dispatch
[This epilogue to Scahill’s bestselling book, Dirty Wars: The World Is a Battlefield, is posted with the kind permission of its publisher, Nation Books.]
On January 21, 2013, Barack Obama was inaugurated for his second term [...]]]>
via Tom Dispatch
[This epilogue to Scahill’s bestselling book, Dirty Wars: The World Is a Battlefield, is posted with the kind permission of its publisher, Nation Books.]
On January 21, 2013, Barack Obama was inaugurated for his second term as president of the United States. Just as he had promised when he began his first campaign for president six years earlier, he pledged again to turn the page on history and take U.S. foreign policy in a different direction. “A decade of war is now ending,” Obama declared. “We, the people, still believe that enduring security and lasting peace do not require perpetual war.”
Much of the media focus that day was on the new hairstyle of First Lady Michelle Obama, who appeared on the dais sporting freshly trimmed bangs, and on the celebrities in attendance, including hip-hop mogul Jay-Z and his wife, Beyoncé, who performed the national anthem. But the day Obama was sworn in, a U.S. drone strike hit Yemen. It was the third such attack in that country in as many days. Despite the rhetoric from the president on the Capitol steps, there was abundant evidence that he would continue to preside over a country that is in a state of perpetual war.
In the year leading up to the inauguration, more people had been killed in U.S. drone strikes across the globe than were imprisoned at Guantánamo. As Obama was sworn in for his second term, his counterterrorism team was finishing up the task of systematizing the kill list, including developing rules for when U.S. citizens could be targeted. Admiral William McRaven had been promoted to the commander of the United States Special Operations Command (SOCOM), and his Special Ops forces were operating in more than 100 countries across the globe.
After General David Petraeus’s career was brought to a halt as a result of an extramarital affair, President Obama tapped John Brennan to replace him as director of the CIA, thus ensuring that the Agency would be headed by a seminal figure in the expansion and running of the kill program. After four years as Obama’s senior counterterrorism adviser, Brennan had become known in some circles as the “assassination czar” for his role in U.S. drone strikes and other targeted killing operations.
When Obama had tried to put Brennan at the helm of the Agency at the beginning of his first term, the nomination was scuttled by controversy over Brennan’s role in the Bush-era detainee program. By the time President Obama began his second term in office, Brennan had created a “playbook” for crossing names off the kill list. “Targeted killing is now so routine that the Obama administration has spent much of the past year codifying and streamlining the processes that sustain it,” noted the Washington Post.
Brennan played a key role in the evolution of targeted killing by “seeking to codify the administration’s approach to generating capture/kill lists, part of a broader effort to guide future administrations through the counterterrorism processes that Obama has embraced,” the paper added. “The system functions like a funnel, starting with input from half a dozen agencies and narrowing through layers of review until proposed revisions are laid on Brennan’s desk, and subsequently presented to the president.”
Obama’s counterterrorism team had developed what was referred to as the “Disposition Matrix,” a database full of information on suspected terrorists and militants that would provide options for killing or capturing targets. Senior administration officials predicted that the targeted killing program would persist for “at least another decade.” During his first term in office, the Washington Post concluded, “Obama has institutionalized the highly classified practice of targeted killing, transforming ad-hoc elements into a counterterrorism infrastructure capable of sustaining a seemingly permanent war.”
Redefining “Imminent Threat”
In early 2013, a Department of Justice “white paper” surfaced that laid out the “Lawfulness of a Lethal Operation Directed Against a U.S. Citizen.” The government lawyers who wrote the 16-page document asserted that the government need not possess specific intelligence indicating that an American citizen is actively engaged in a particular or active terror plot in order to be cleared for targeted killing. Instead, the paper argued that a determination from a “well-informed high level administration official” that a target represents an “imminent threat” to the United States is a sufficient basis to order the killing of an American citizen. But the Justice Department’s lawyers sought to alter the definition of “imminent,” advocating what they called a “broader concept of imminence.”
They wrote, “The condition that an operational leader present an ‘imminent’ threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons will take place in the immediate future.” The government lawyers argued that waiting for a targeted killing of a suspect “until preparations for an attack are concluded, would not allow the United States sufficient time to defend itself.” They asserted that such an operation constitutes “a lawful killing in self-defense” and is “not an assassination.”
Jameel Jaffer of the ACLU called the white paper a “chilling document,” saying that “it argues that the government has the right to carry out the extrajudicial killing of an American citizen.” Jaffer added, “This power is going to be available to the next administration and the one after that, and it’s going to be available in every future conflict, not just the conflict against al-Qaeda. And according to the [Obama] administration, the power is available all over the world, not just on geographically cabined battlefields. So it really is a sweeping proposition.”
In October 2002, as the Bush administration prepared to invade Iraq, Barack Obama gave the first major speech of his national political career. The then-state senator came out forcefully against going to war in Iraq, but he began his speech with a clarification. “Although this has been billed as an anti-war rally, I stand before you as someone who is not opposed to war in all circumstances… I don’t oppose all wars.” Obama declared, “What I am opposed to is a dumb war. What I am opposed to is a rash war.” During his first campaign for president, Obama had blasted the Bush administration for fighting the wrong war — Iraq — and repeatedly criticized his opponent, Senator John McCain, for not articulating how he would take the fight to Osama bin Laden and al-Qaeda.
As his first term in office wound down, the overwhelming majority of U.S. military forces had been withdrawn from Iraq and plans for a similar drawdown in Afghanistan in 2014 were being openly discussed. The administration had succeeded in convincing the American public that Obama was waging a smarter war than his predecessor. As he ran for reelection, Obama was asked about charges from his Republican opponents that his foreign policy was based on appeasement. “Ask Osama bin Laden and the 22 out of 30 top al-Qaeda leaders who have been taken off the field whether I engage in appeasement,” Obama replied. “Or whoever is left out there, ask them about that.”
As the war on terror entered a second decade, the fantasy of a clean war took hold. It was a myth fostered by the Obama administration, and it found a ready audience. All polls indicated that Americans were tired of large military deployments in Iraq and Afghanistan and the mounting U.S. troop casualties that came with them. A 2012 poll found that 83% of Americans supported Obama’s drone program, with 77% of self-identified liberal Democrats supporting such strikes. The Washington Post–ABC News poll determined that support for drone strikes declined “only somewhat” in cases where a U.S. citizen was the target.
President Obama and his advisers seldom mentioned the drone program publicly. In fact, the first known confirmation of the use of armed drones by the president came several years into Obama’s first term. It was not in the form of a legal brief or a press conference, but rather on a Google+ “Hangout” as the president took questions from the public. Obama was asked about his use of drones. “I want to make sure that people understand actually drones have not caused a huge number of civilian casualties,” Obama said. “For the most part, they have been very precise, precision strikes against al-Qaeda and their affiliates. And we are very careful in terms of how it’s been applied.”
He rejected what he called the “perception” that “we’re just sending in a whole bunch of strikes willy-nilly” and asserted that “this is a targeted, focused effort at people who are on a list of active terrorists, who are trying to go in and harm Americans, hit American facilities, American bases, and so on.” Obama added: “It is important for everybody to understand that this thing is kept on a very tight leash. It’s not a bunch of folks in a room somewhere just making decisions. And it is also part and parcel of our overall authority when it comes to battling al-Qaeda. It is not something that’s being used beyond that.”
Michael Boyle, a former adviser in the Obama campaign’s counterterrorism experts group and a professor at LaSalle University, said that one of the reasons the administration was “so successful in spinning the number of civilian casualties” was the use of signature strikes and other systems for categorizing military-aged males as legitimate targets, even if their specific identities were unknown. “The result of the ‘guilt by association’ approach has been a gradual loosening of the standards by which the U.S. selects targets for drone strikes,” Boyle charged. “The consequences can be seen in the targeting of mosques or funeral processions that kill non-combatants and tear at the social fabric of the regions where they occur.” No one, he added, “really knows the number of deaths caused by drones in these distant, sometimes ungoverned, lands.”
Using drones, cruise missiles, and Special Ops raids, the United States has embarked on a mission to kill its way to victory. The war on terror, launched under a Republican administration, was ultimately legitimized and expanded by a popular Democratic president. Although Barack Obama’s ascent to the most powerful office on Earth was the result of myriad factors, it was largely due to the desire of millions of Americans to shift course from the excesses of the Bush era.
Had John McCain won the election, it is difficult to imagine such widespread support, particularly among liberal Democrats, for some of the very counterterrorism policies that Obama implemented. As individuals, we must all ask whether we would support the same policies — the expansion of drone strikes, the empowerment of Joint Special Operations Command (JSOC), the use of the State Secrets Privilege, the use of indefinite detention, the denial of habeas corpus rights, the targeting of U.S. citizens without charge or trial — if the commander in chief was not our candidate of choice.
But beyond the partisan lens, the policies implemented by the Obama administration will have far-reaching consequences. Future U.S. presidents — Republican or Democratic — will inherit a streamlined process for assassinating enemies of America, perceived or real. They will inherit an executive branch with sweeping powers, rationalized under the banner of national security.
Assassinating Enemies
In 2012, a former constitutional law professor was asked about the U.S. drone and targeted killing program. “It’s very important for the president and the entire culture of our national security team to continually ask tough questions about ‘Are we doing the right thing? Are we abiding by the rule of law? Are we abiding by due process?’” he responded, warning that it was important for the United States to “avoid any kind of slippery slope into a place where we’re not being true to who we are.”
That former law professor was Barack Obama.
The creation of the kill list and the expansion of drone strikes “represents a betrayal of President Obama’s promise to make counterterrorism policies consistent with the U.S. constitution,” charged Boyle. Obama, he added, “has routinized and normalized extrajudicial killing from the Oval Office, taking advantage of America’s temporary advantage in drone technology to wage a series of shadow wars in Afghanistan, Pakistan, Yemen, and Somalia. Without the scrutiny of the legislature and the courts, and outside the public eye, Obama is authorizing murder on a weekly basis, with a discussion of the guilt or innocence of candidates for the ‘kill list’ being resolved in secret.” Boyle warned:
“Once Obama leaves office, there is nothing stopping the next president from launching his own drone strikes, perhaps against a different and more controversial array of targets. The infrastructure and processes of vetting the ‘kill list’ will remain in place for the next president, who may be less mindful of moral and legal implications of this action than Obama supposedly is.”
In late 2012, the ACLU and the New York Times sought information on the legal rationale for the kill program, specifically the strikes that had killed three U.S. citizens — among them 16-year-old Abdulrahman Awlaki. In January 2013, a federal judge ruled on the request. In her decision, Judge Colleen McMahon appeared frustrated with the White House’s lack of transparency, writing that the Freedom of Information Act (FOIA) requests raised “serious issues about the limits on the power of the Executive Branch under the Constitution and laws of the United States, and about whether we are indeed a nation of laws, not of men.”
She charged that the Obama administration “has engaged in public discussion of the legality of targeted killing, even of citizens, but in cryptic and imprecise ways, generally without citing to any statute or court decision that justifies its conclusions.” She added, “More fulsome disclosure of the legal reasoning on which the administration relies to justify the targeted killing of individuals, including United States citizens, far from any recognizable ‘hot’ field of battle, would allow for intelligent discussion and assessment of a tactic that (like torture before it) remains hotly debated. It might also help the public understand the scope of the ill-defined yet vast and seemingly ever-growing exercise.”
Ultimately, Judge McMahon blocked the release of the documents. Citing her legal concerns about the state of transparency with regard to the kill program, she wrote:
“This Court is constrained by law, and under the law, I can only conclude that the Government has not violated FOIA by refusing to turn over the documents sought in the FOIA requests, and so cannot be compelled by this court of law to explain in detail the reasons why its actions do not violate the Constitution and laws of the United States. The Alice-in-Wonderland nature of this pronouncement is not lost on me; but after careful and extensive consideration, I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules — a veritable Catch-22. I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for their conclusion a secret.”
How to Make Enemies and Not Influence People
It is not just the precedents set during the Obama era that will reverberate into the future, but also the lethal operations themselves. No one can scientifically predict the future consequences of drone strikes, cruise missile attacks, and night raids. But from my experience in several undeclared war zones across the globe, it seems clear that the United States is helping to breed a new generation of enemies in Somalia, Yemen, Pakistan, Afghanistan, and throughout the Muslim world.
Those whose loved ones were killed in drone strikes or cruise missile attacks or night raids will have a legitimate score to settle. In an October 2003 memo, written less than a year into the U.S. occupation of Iraq, Donald Rumsfeld framed the issue of whether the United States was “winning or losing the global war on terror” through one question: “Are we capturing, killing, or deterring and dissuading more terrorists every day than the madrassas and the radical clerics are recruiting, training, and deploying against us?”
More than a decade after 9/11, that question should be updated. At the end of the day, U.S. policymakers and the general public must all confront a more uncomfortable question: Are our own actions, carried out in the name of national security, making us less safe or more safe? Are they eliminating more enemies than they are inspiring? Boyle put it mildly when he observed that the kill program’s “adverse strategic effects… have not been properly weighed against the tactical gains associated with killing terrorists.”
In November 2012, President Obama remarked that “there’s no country on Earth that would tolerate missiles raining down on its citizens from outside its borders.” He made the statement in defense of Israel’s attack on Gaza, which was launched in the name of protecting itself from Hamas missile attacks. “We are fully supportive of Israel’s right to defend itself from missiles landing on people’s homes and workplaces and potentially killing civilians,” Obama continued. “And we will continue to support Israel’s right to defend itself.” How would people living in areas of Yemen, Somalia, or Pakistan that have been regularly targeted by U.S. drones or missile strikes view that statement?
Toward the end of President Obama’s first term in office, the Pentagon’s general counsel, Jeh Johnson, gave a major lecture at the Oxford Union in England. “If I had to summarize my job in one sentence: it is to ensure that everything our military and our Defense Department do is consistent with U.S. and international law,” Johnson said. “This includes the prior legal review of every military operation that the Secretary of Defense and the President must approve.”
As Johnson spoke, the British government was facing serious questions about its involvement in U.S. drone strikes. A legal case brought in the United Kingdom by the British son of a tribal leader killed in Pakistan alleged that British officials had served as “secondary parties to murder” by providing intelligence to the United States that allegedly led to the 2011 strike. A U.N. commission was preparing to launch an investigation into the expanding kill program, and new legal challenges were making their way through the U.S. court system. In his speech, Johnson presented the U.S. defense of its controversial counterterror policies:
“Some legal scholars and commentators in our country brand the detention by the military of members of al-Qaeda as ‘indefinite detention without charges.’ Some refer to targeted lethal force against known, identified individual members of al-Qaeda as ‘extrajudicial killing.’
“Viewed within the context of law enforcement or criminal justice, where no person is sentenced to death or prison without an indictment, an arraignment, and a trial before an impartial judge or jury, these characterizations might be understandable.
“Viewed within the context of conventional armed conflict — as they should be — capture, detention, and lethal force are traditional practices as old as armies.”
The Era of the Dirty War on Terror
In the end, the Obama administration’s defense of its expanding global wars boiled down to the assertion that it was in fact at war; that the authorities granted by the Congress to the Bush administration after 9/11 to pursue those responsible for the attacks justified the Obama administration’s ongoing strikes against “suspected militants” across the globe — some of whom were toddlers when the Twin Towers crumbled to the ground — more than a decade later.
The end result of the policies initiated under President Bush and continued and expanded under his Democratic successor was to bring the world to the dawn of a new age, the era of the Dirty War on Terror. As Boyle, the former Obama campaign counterterrorism adviser, asserted in early 2013, the U.S. drone program was “encouraging a new arms race for drones that will empower current and future rivals and lay the foundations for an international system that is increasingly violent.”
Today, decisions on who should live or die in the name of protecting America’s national security are made in secret, laws are interpreted by the president and his advisers behind closed doors, and no target is off-limits, including U.S. citizens. But the decisions made in Washington have implications far beyond their impact on the democratic system of checks and balances in the United States.
In January 2013, Ben Emmerson, the U.N. special rapporteur on counterterrorism and human rights, announced his investigation into drone strikes and targeted killing by the United States. In a statement launching the probe, he characterized the U.S. defense of its use of drones and targeted killings in other countries as “Western democracies… engaged in a global [war] against a stateless enemy, without geographical boundaries to the theatre of conflict, and without limit of time.” This position, he concluded, “is heavily disputed by most States, and by the majority of international lawyers outside the United States of America.”
At his inauguration in January 2013, Obama employed the rhetoric of internationalism. “We will defend our people and uphold our values through strength of arms and rule of law. We will show the courage to try and resolve our differences with other nations peacefully — not because we are naive about the dangers we face, but because engagement can more durably lift suspicion and fear,” the president declared. “America will remain the anchor of strong alliances in every corner of the globe; and we will renew those institutions that extend our capacity to manage crisis abroad, for no one has a greater stake in a peaceful world than its most powerful nation.”
Yet, as Obama embarked on his second term in office, the United States was once again at odds with the rest of the world on one of the central components of its foreign policy. The drone strike in Yemen the day Obama was sworn in served as a potent symbol of a reality that had been clearly established during his first four years in office: U.S. unilateralism and exceptionalism were not only bipartisan principles in Washington, but a permanent American institution. As large-scale military deployments wound down, the United States had simultaneously escalated its use of drones, cruise missiles, and Special Ops raids in an unprecedented number of countries. The war on terror had become a self-fulfilling prophecy.
The question all Americans must ask themselves lingers painfully: How does a war like this ever end?
Jeremy Scahill is national security correspondent for the Nation magazine and author of the New York Times bestsellers Blackwater: The Rise of the World’s Most Powerful Mercenary Army and most recently Dirty Wars: The World Is a Battlefield (both published by Nation Books). He is also the subject, producer, and writer of the film Dirty Wars, an official selection of the 2013 Sundance Film Festival, where it won the US documentary cinematography prize, nowavailable on DVD. This essay is the epilogue to his book Dirty Wars.
Follow TomDispatch on Twitter and join us on Facebook or Tumblr. Check out the newest Dispatch book, Nick Turse’s The Changing Face of Empire: Special Ops, Drones, Proxy Fighters, Secret Bases, and Cyberwarfare.
(c) 2013 Jeremy Scahill. Excerpted from Dirty Wars: The World Is A Battlefield (Nation Books). Used by permission of the author and publisher.
]]>by Jim Lobe
For Taiwan that is. Our alumnus, Eli Clifton, makes a pretty good case below in his piece this week for The Nation, which we reprint with permission of the magazine.
Two quick points about the article:
1) For lack of space, Eli wasn’t able to expand [...]]]>
by Jim Lobe
For Taiwan that is. Our alumnus, Eli Clifton, makes a pretty good case below in his piece this week for The Nation, which we reprint with permission of the magazine.
Two quick points about the article:
1) For lack of space, Eli wasn’t able to expand on Paul Wolfowitz’s status as both a scholar at the American Enterprise Institute (AEI) and as the chairman of the U.S.-Taiwan Business Council since 2008. The Business Council, like AEI, has, of course, been a major proponent of F-16 sales to Taiwan. At the time when I first noted Wolfowitz’s chairmanship of the group, the Council’s president, Rupert Hammond-Chambers, assured me that the Wolfowitz was not receiving any compensation from the Council in his new post. While I have no reason to doubt him, Eli’s investigation suggests that the government of Taiwan may be expressing its appreciation for Wolfowitz’s work in other ways or through other channels. In any event, neither AEI nor Wolfowitz is currently registered under FARA, the Foreign Agents Registration Act.
2) AEI’s advocacy of F-16 sales to Taiwan and the substantial financial support it has received from Taiwan’s unofficial/official embassy here, TECRO, is perhaps a particularly crass example of lobbying activity by a think tank, but AEI is by no means alone among think tanks in accepting funds from foreign governments, as well as, for that matter, U.S.-based corporations that then expect the “scholars” or “fellows” at these institutions to speak out or write in ways that may be favorable to their interests. Indeed, in one recent New Republic article, entitled “Meet the Think Tank Scholars Who Are Also Beltway Lobbyists,” Brooke Williams and the venerable Ken Silverstein offered several notable examples. Read also Ken’s Nation article from last month entitled “The Secret Donors Behind the Center for American Progress and Other Think Tanks.” Not that some valuable research isn’t done at these institutions. But consumers of their work need always to be asking who’s paying the fiddler. And those think tanks that accept funding from foreign interests and then pursue policy work that could be seen as promoting those interests really should be required to register under FARA, just to keep things transparent, a concept which Wolfowitz was, rhetorically at least, promoted heavily during his aborted presidency of the World Bank.
In any event, here’s Eli’s article which was first published by The Nation.
The Secret Foreign Donor Behind the American Enterprise Institute
Eli Clifton | June 25, 2013
The American Enterprise Institute (AEI) has emerged as one of the Beltway’s most consistent advocates for the sale of advanced fighter jets to Taiwan. Previously undisclosed tax filings reveal that while issuing research reports and publishing articles on US-Taiwan relations, AEI received a $550,000 contribution from the government of Taiwan, a source of funding the think tank has never publicly acknowledged.
In 2009, AEI, a nonprofit 501(c)(3) organization, received the contribution from the Taipei Economic and Cultural Representative Office (TECRO), Taiwan’s equivalent to an embassy.
The think tank couches its hard-nosed advocacy of arms sales and trade agreements with Taiwan as a strategic necessity for the United States. “Withholding needed arms from Taiwan in the present makes a future conflict—and US intervention therein—more likely,” wrote AEI senior research associate Michael Mazza in an October 2011 article [1] in The Diplomat.
But AEI’s undisclosed source of foreign funding raises ethical and legal questions about AEI’s Taiwan-policy work.
“Any organization that’s trying to influence public policy should disclose its donors so the public can know who the money behind these institutions is,” said Bill Allison, a senior fellow at the Sunlight Foundation, a Washington-based organization that advocates for increased transparency and accountability in government. “It’s critical for the public to know this.”
AEI’s “schedule of contributors [2],” a form typically not intended for public disclosure but acquired through a filing error, names TECRO as the organization’s fourth-largest contributor during the 2009 tax year, following Donors Capital Fund ($2,000,000), Paul Singer ($1,100,000) and the Kern Family Foundation ($1,071,912). The US Chamber of Commerce contributed $473,000, making it AEI’s seventh-largest donor.
When asked about the contribution, TECRO spokesperson Lishan Chang acknowledged the transaction and explained that TECRO was helping to facilitate a Taiwanese university’s donation to AEI.
“The contribution was given by the Institute of International Relations of the National Chengchi University to AEI’s Asian Studies Program,” said Chang. “It was therefore an act of scholarly cooperation between the two research organizations with the goal of promoting academic exchanges and research on issues concerning Asia.”
The Institute of International Relations at National Chengchi University, a top public university in Taiwan, did not respond to a request for comment.
What “scholarly cooperation” was undertaken by AEI remains unexplained by either AEI or the university, but Taiwan’s president, Ma Ying-jeou, made no secret of his government’s warm relationship with AEI during a February 2009 meeting with AEI president Arthur Brooks and former AEI president Christopher DeMuth.
“[Ma] noted that the AEI has deep ties with the ROC [Republic of China] and has long supported the various policy stances of the ROC government,” said a TECRO press release [3].
“AEI President Brooks expressed his appreciation to President Ma for taking time out of his busy schedule to meet with him and his predecessor,” the release noted. “He added that the AEI is delighted to maintain relations with Taiwan given the values of democracy, peace and freedom that are shared by the two. He said he looks forward to continuing the friendship in the future and engaging in further cooperation.”
In 2009, the same year in which Ma hosted the delegation from AEI and the think tank reported the $550,000 contribution from TECRO, AEI employees issued a number of written products praising Taiwan’s government and urging the White House to approve arms sales to the island state.
In a November 3, 2009, article [4] for ForeignPolicy.com, AEI resident fellow Daniel Blumenthal, the current director of the think tank’s Asian Studies group, slammed the Obama administration’s Asia policy for “the absence of any agenda on Taiwan.”
Blumenthal accused the White House of failing to uphold an “implicit bargain” in which Ma would “ease tensions with the Mainland” in exchange for Washington’s “strengthen[ing] Ma’s hand by strengthening our ties to Taiwan.”
“The Obama team is not helping Ma,” wrote Blumenthal. “We have not sold any arms to Taiwan even as China has continued its arms buildup across the Strait. And Obama has no plans of yet to deepen economic ties as Taiwan goes forward with a China [free trade agreement].”
In a November 18, 2009, article [5] for ForeignPolicy.com, Blumenthal continued his push for arms sales. “China has built a military capable of destroying the island if America does not assist Taiwan. Though obligated by law, the Obama administration has not sold a single weapon system to Taiwan,” a reference to the 1979 Taiwan Relations Act [6], which requires the United States “to provide Taiwan with arms of a defensive character.”
And Gary Schmitt, an AEI resident fellow, warned about the consequences of the Obama administration’s diplomacy with China (“an approach in which China is seen as a strategic interlocutor with the United States with something approaching equal status”) in an October 2009 AEI “National Security Outlook” paper [7].
“This of course will have an impact on U.S.-Taiwan relations. At a minimum, it will make the diplomatic hurdle of supplying needed, high-quality military systems and supplies—such as F-16s—even more difficult. (Remember, by this time in the Bush administration, the decision had already been made to make available $30 billion worth of arms and services to Taiwan.),” wrote Schmitt.
Even in 2011, after the White House agreed to upgrade the avionics systems of Taiwan’s aging F-16 fleet, the AEI’s Mazza accused the administration of making a “split the baby” decision by refusing to “sell Taiwan the 66 new F-16 C/D aircraft that Taipei has been requesting,” in an October 2011 article [1] in The Diplomat.
When contacted for comment, AEI declined to address questions about the independence of its Taiwan policy analysis or its funding from the Taiwanese government. “We do not discuss details of contributions beyond what is publicly available through our Form 990 and our Annual Report. AEI is an educational, non-partisan, non-profit, and operates in good standing and in compliance to the fullest letter of the law,” wrote Judy Mayka, AEI’s director of media relations.
While AEI insists its actions were lawful, legal and ethical questions still remain about the TECRO funding.
The Foreign Agent Registration Act is a 1938 federal law requiring the agents representing the interests of a foreign country in a “political or quasi-political capacity to make periodic public disclosure of their relationship with the foreign principal.”
“Maybe this money [from TECRO] goes solely toward academic research and none of [the TECRO-funded research] is ever presented to a member of Congress, but for a Washington think tank that would be shocking,” said Allison. “Clearly AEI should disclose the contribution and probably should register under FARA.”
Most FARA registrants are law firms, public relations agencies and lobbyists representing foreign countries. When asked if a nonprofit think tank could have an obligation to register under FARA, Justice Department spokesperson Andrew Ames responded that “it is possible.”
“As with any organization or individual, we would look at the specific elements and facts to determine whether organizations are required to file,” said Ames. “Without all the facts, it is impossible to determine. The department has no record of [AEI] filing with the FARA unit.”
AEI has a track record of providing an institutional base for individuals who are supportive of Taiwan.
Former Deputy Secretary of Defense Paul Wolfowitz joined AEI as a “visiting scholar” in 2007 and, in 2008, was named chairman of the US-Taiwan Business Council.
James Lilley, the US Ambassador to China from 1989 to 1991, received a fellowship at AEI after his retirement in 1991.
Lilley, who served as director of the American Institute in Taiwan, the unofficial US diplomatic mission in Taiwan, from 1981 to 1984, famously clashed with the State Department when US diplomats attempted to set a cutoff date for arms sales to Taiwan. He died on November 12, 2009.
“[President Ma Ying-jeou] said Ambassador Lilley was a strong supporter of freedom, democracy, prosperity and security throughout his life, and in his diplomatic and scholarly work he was extremely friendly to Taiwan,” said a press release [9] from the Taiwanese president’s office, following a January 2010 meeting with an AEI delegation.
Joseph Sandler, a FARA expert and former Democratic National Committee staff counsel, explained that the legality of AEI’s FARA compliance hinges on whether the think tank’s staff took direction from the government of Taiwan.
“Presumably AEI has been supportive of Taiwan. The question is: To what extent have they consulted with the Taiwanese government?”
Sandler added, “If they in fact were taking some sort of direction or honoring requests in any way on behalf of the Taiwanese government, it would not only raise FARA questions but also questions about the academic integrity of their work.”
Source URL: http://www.thenation.com/article/174980/secret-foreign-donor-behind-american-enterprise-institute
Links:
[1] http://thediplomat.com/china-power/dangerous-imbalance-on-taiwan/
[2] http://thenation.s3.amazonaws.com/pdf/AEI_2009_schedule.pdf
[3] http://www.taiwanembassy.org/US/MKC/fp.asp?xItem=79576&ctNode=2761&mp=47
[4] http://shadow.foreignpolicy.com/posts/2009/11/03/the_one_year_review_obamas_asia_policies
[5] http://shadow.foreignpolicy.com/posts/2009/11/18/obamas_asia_trip_a_series_of_unfortunate_events
[6] http://www.taiwandocuments.org/tra01.htm
[7] http://www.aei.org/outlook/foreign-and-defense-policy/regional/asia/the-obama-administrations-approach-to-asia-early-signals/
[9] http://english.president.gov.tw/Default.aspx?tabid=491&itemid=20047
The Nation’s Jeremy Scahill injects some badly needed context into the media frenzy over David Petraeus’s CIA resignation by examining the four-star General’s legacy against the backdrop of an increasingly militarized intelligence agency:
As head of US Central Command in 2009, Petraeus issued execute orders that significantly broadened the ability [...]]]>
The Nation’s Jeremy Scahill injects some badly needed context into the media frenzy over David Petraeus’s CIA resignation by examining the four-star General’s legacy against the backdrop of an increasingly militarized intelligence agency:
]]>As head of US Central Command in 2009, Petraeus issued execute orders that significantly broadened the ability of US forces to operate in a variety of countries, including Yemen, where US forces began conducting missile strikes later that year. During Petraeus’s short tenure at the CIA, drone strikes conducted by the agency, sometimes in conjunction with JSOC, escalated dramatically in Yemen; in his first month in office, he oversaw a series of strikes that killed three US citizens, including 16-year-old Abdulrahman Awlaki. In some cases, such as the raid that killed Osama bin Laden in Pakistan, commandos from the elite JSOC operated under the auspices of the CIA, so that the mission could be kept secret if it went wrong.
He speculates while President George W. Bush’s [...]]]>
He speculates while President George W. Bush’s covert war against Iran was much discussed, the United States could be waging a similar effort under the radar screen. If this cyber-attack is a potential piece of that puzzle — it might working: the Iranians have been known to have technical problems at their centrifuge plants and have admitted the Bushehr reactor is under attack.
Dreyfuss writes:
Now, it appears, there is a serious computer worm affecting Ian’s nuclear industry, along with other Iranian industrial facilities. Called Stuxnet, the worm appears to be a case of outright industrial sabotage or cyber warfare, created and unleashed not by rogue hackers but by a state. According to the Seattle Times, the time stamp on the Stuxnet virus reveals that it was created in January 2010, meaning that if the United States is behind it, it’s Obama’s doing, not Bush’s.
If so, and if the United States is behind it, then Obama is already at war with Iran. Cyber warfare is no less war than bombs and paratroopers. Besides the United States, of course, Israel is high on the list of countries with both motive and capability. Iran’s PressTV, a government-owned news outlet, quotes various Western technology and cybersecurity experts saying that either the United States or Israel is behind Stuxnet.
The Times reports that Stuxnet is highly specific, aimed “solely at equipment made by Siemens that controls oil pipelines, electric utilities, nuclear facilities, and other large industrial sites.”
Kevin Hogan, the Senior Director of Security Response at Symantec, a virus-protection software company, told Reuters’ William Maclean that:
We cannot rule out the possibility (of a state being behind it). Largely based on the resources, organization and in-depth knowledge across several fields – including specific knowledge of installations in Iran – it would have to be a state or a non-state actor with access to those kinds of (state) systems.
With sixty percent of the world’s infected computers in Iran, there’s little question that someone – or some nation – with great resources directed this attack against Iranian facilities. It remains to be seen just who.
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