So, What Happened Over The Weekend?

Ed Morrissey:

NBC has a fairly comprehensive report on the American attack on Libyan forces this morning, complete with totals thus far on cruise missiles (114 of them) and attacks by stealth bombers on air-defense systems, with 20 of those targeted. Military airstrips around the country have been bombed as well, up to 40 of them. Libya claims that 48 people have died as a result of those attacks, and Moammar Gaddafi gave the usual warning to the Muslim world that this was the start of a “crusader war” against an Arab nation. One piece of news might raise eyebrows — the US has sent fighter jets from Sicily to attack Gaddafi’s ground forces around Benghazi

That would seem to go beyond the UN mandate for a no-fly zone. The Pentagon tells NBC that their interpretation of the mandate is that they need to protect civilians, an interpretation that would leave practically no option off the table. Even without considering a ground invasion, it could mean that the US could attack Tripoli or practically any target they wish from the air or through off-shore cruise missiles. As Jim Miklaszewski reports, it looks as though the intent now is to utterly destroy Gaddafi’s army in an attempt to force him into retreat.

Not for nothing, but wasn’t that more or less our strategy in Iraq in 1990? We had a lot more firepower on target in that case, and it still took a ground invasion to eject Saddam Hussein from Kuwait — and that wasn’t his own territory, either. Had we done this four weeks ago, we could have protected a status quo, de facto liberation of Benghazi and other areas of Libya. Now, the Libyan position is so advanced that Gaddafi can likely abandon his armor in the city and reduce the rebels to destruction. It will just take a little longer. The time to stop Gaddafi from seizing Benghazi and stomping out the rebellion was when Gaddafi was bottled up in Tripoli.

Marc Lynch at Foreign Policy:

President Obama’s decision to join an international military intervention in Libya has met with a largely negative response in the United States across the political spectrum. Critics correctly point to a wide range of problems with the intervention: the absence of any clear planning for what comes after Qaddafi or for what might happen if there is an extended stalemate, doubts about the opposition, the White House’s ignoring of Congress and limited explanations to the American public, the selectivity bias in going to war for Libya while ignoring Bahrain and Yemen, the distraction from other urgent issues.  I have laid out my own reservations about the intervention here and here.

This emerging consensus misses some extremely important context, however. Libya matters to the United States not for its oil or intrinsic importance, but because it has been a key part of the rapidly evolving transformation of the Arab world.  For Arab protestors and regimes alike, Gaddafi’s bloody response to the emerging Libyan protest movement had become a litmus test for the future of the Arab revolution.  If Gaddafi succeeded in snuffing out the challenge by force without a meaningful response from the United States, Europe and the international community then that would have been interpreted as a green light for all other leaders to employ similar tactics. The strong international response, first with the tough targeted sanctions package brokered by the United States at the United Nations and now with the military intervention, has the potential to restrain those regimes from unleashing the hounds of war and to encourage the energized citizenry of the region to redouble their efforts to bring about change. This regional context may not be enough to justify the Libya intervention, but I believe it is essential for understanding the logic and stakes of the intervention by the U.S. and its allies.

Libya’s degeneration from protest movement into civil war has been at the center of the Arab public sphere for the last month. It is not an invention of the Obama administration, David Cameron or Nikolas Sarkozy.  Al-Jazeera has been covering events in Libya extremely closely, even before it tragically lost one of its veteran cameramen to Qaddafi’s forces, and has placed it at the center of the evolving narrative of Arab uprisings.  Over the last month I have heard personally or read comments from an enormous number of Arab activists and protest organizers and intellectuals from across the region that events in Libya would directly affect their own willingness to challenge their regimes. The centrality of Libya to the Arab transformation undermines arguments  that Libya is not particularly important to the U.S. (it is, because it affects the entire region) or that Libya doesn’t matter more than, say, Cote D’Ivoire (which is also horrible but lacks the broader regional impact).

The centrality of Libya to the Arab public sphere and to al-Jazeera carries a less attractive underside, though.  The focus on Libya has gone hand in hand with al-Jazeera’s relative inattention to next-door Bahrain, where a GCC/Saudi  intervention has helped to brutally beat back a protest movement and tried to cast it as a sectarian, Iranian conspiracy rather than as part of the narrative of Arab popular uprisings.  It has also distracted attention from Yemen, where rolling protests and mass government defections might finally today be bringing down the Ali Abdullah Saleh regime. The TV cameras have also largely moved on from the urgent issues surrounding the ongoing transitions in Tunisia and Egypt. Cynics might argue that the GCC and Arab League have been willing to support the intervention in Libya for precisely that reason, to keep the West distracted from their own depradations.

Finally, as I warned last week, Arab support for an intervention against Qaddafi to protect the Libyan people rapidly begins to fray when the action includes Western bombing of an Arab country. It should surprise nobody that the bombing campaign has triggered anger among a significant portion of the Arab public, which is still powerfully shaped by the Iraq war and aggrieved by perceived double standards (one of the most common lines in Arab debates right now is “where was the No Fly Zone over Gaza?”).  Amr Moussa’s flip-flopping on the Arab League’s stance towards the intervention should be seen as part of that tension between the desire to help the Libyan people and continuing suspicion of Western motives.  Skeptical voices matter too —  ignoring or ridiculing influential or representative voices simply because their message is unpalatable is a mistake too often made in this part of the world.

Amy Davidson at The New Yorker:

What are we doing in Libya? “Helping” is not a sufficient answer. President Obama said that, if we didn’t act, “many thousands could die…. The calls of the Libyan people for help would go unanswered.” But that is a motive, a desire—not a plan. Obama also said that America wouldn’t be leading operation Odyssey Dawn, just helping: our allies, particularly the French and British, had this one, and the Arab League would help by cheering. By Sunday, though, there was division in the Arab League, and there was something iffy to start with about making Nicolas Sarkozy the point man on anything. (One of the many, many things I wish I understood was what role French elections played in all of this.) Could Congress and the American people have maybe helped the Obama Administration think this one through?

Members of the Administration, including Tom Donilon, the national-security adviser, and Robert Gates, the Secretary of Defense, keep repeating the phrase “days, not weeks.” But what they are referring to is not the length of the operation but of America’s “leadership” of it. Who will take over? There is more clarity on that point than on the question of who will take over Libya if Qaddafi leaves, but that’s a pretty low bar: as Philip Gourevitch points out in his pointed summary of the questions attending this operation, we have no idea. Hillary Clinton talked about people around Qaddafi deciding to do something—the eternal desire for the convenient coup. Do we care who the plotters are?

Another thing that more people perhaps should have been clear about was the extent of Odyssey Dawn. The Times spoke of discomfort at how it had gone beyond a “simple ‘no-fly zone.’ ” But, despite the blank, pristine quality of the term, imposing a no-fly zone is not a simple, or clean and bloodless, thing, as if one simply turned a switch and the air cleared out. Pentagon spokesmen talked about hitting anti-aircraft installations, aviation centers, and “communication nodes.” Empty skies require rubble on the ground.

Lexington at The Economist:

For what it is worth, I welcome the fact that the world at last seems willing to exercise its so-called “duty to protect” people at risk from their own governments. The failures to do so in Rwanda and Darfur and so many other charnel houses is a blot on its conscience that will never be erased. But there is no escaping the fact that this new entanglement was decided upon behind closed doors at the UN and with very little public debate here in the United States. None of this will matter if the end comes quickly. But if things go wrong and America is drawn deeper in, the domestic consequences for the president could be far-reaching.

Tim Carney at The Washington Examiner:

At once presumptuous and flippant, President Obama used a Saturday audio recording from Brazil to inform Americans he had authorized a third war — a war in which America’s role is unclear and the stated objectives are muddled.

Setting aside the wisdom of the intervention, Obama’s entry into Libya’s civil war is troubling on at least five counts. First is the legal and constitutional question. Second is the manner of Obama’s announcement. Third is the complete disregard for public opinion and lack of debate. Fourth is the unclear role the United States will play in this coalition. Fifth is the lack of a clear endgame. Compounding all these problems is the lack of trust created by Obama’s record of deception.

“Today, I authorized the armed forces of the United States to begin a limited military action in Libya,” the president said. For him it was self-evident he had such authority. He gave no hint he would seek even ex post facto congressional approval. In fact, he never once mentioned Congress.

Since World War II, the executive branch has steadily grabbed more war powers, and Congress has supinely acquiesced. Truman, Johnson, Reagan, Clinton and Bush all fought wars without a formal declaration, but at least Bush used force only after Congress authorized it.

And, once more, the president’s actions belie his words on the campaign trail. In late 2007, candidate Obama told the Boston Globe, “The president does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.”

There is no claim that Moammar Gadhafi poses a threat to the United States. But asking President Obama to explain his change of heart would be a fruitless exercise. This is a president who has repeatedly shredded the clear meaning of words in order to deny breaking promises he has clearly broken — consider his continued blatant falsehoods on tax increases and his hiring of lobbyists.

James Fallows:

Count me among those very skeptical of how this commitment was made and where it might lead.

How it was made: it cannot reassure anyone who cares about America’s viability as a republic that it is entering another war with essentially zero Congressional consultation or “buy-in,” and with very little serious debate outside the Executive Branch itself. And there the debate was, apparently, mostly about changing the President’s own mind. I recognize that there are times when national safety requires an Administration to respond quickly, without enduring the posturing and institutionalized dysfunction that is the modern Congress. Without going through all the arguments, I assert that this is not such a moment. To be more precise: the Administration has not made the public case that the humanitarian and strategic stakes in Libya are so unique as to compel intervention there (even as part of a coalition), versus the many other injustices and tragedies we deplore but do not go to war to prevent. I can think of several examples in my current part of the world.

I didn’t like the “shut up and leave it to us” mode of foreign policy when carried out by people I generally disagreed with, in the Bush-Cheney era. I don’t like it when it’s carried out by people I generally agree with, in this Administration.

Where it might lead: The most predictable failure in modern American military policy has been the reluctance to ask, And what happens then? We invade Iraq to push Saddam Hussein from power. Good. What happens then? Obama increases our commitment in Afghanistan and says that “success” depends on the formation of a legitimate, honest Afghan government on a certain timetable. The deadline passes. What happens then? One reason why Pentagon officials, as opposed to many politicians, have generally been cool to the idea of “preventive” strikes against Iran’s nuclear facilities is that many have gone through the exercise of asking, What happens then?

Launching air strikes is the easiest, most exciting, and most dependably successful stage of a modern war, from the US / Western perspective. TV coverage is wall-to-wall and awestruck. The tech advantages are all on our side. Few Americans, or none at all, are hurt. It takes a while to see who is hurt on the ground.

But after this spectacular first stage of air war, what happens then? If the airstrikes persuade Qaddafi and his forces just to quit, great! But what if they don’t? What happens when a bomb lands in the “wrong” place? As one inevitably will. When Arab League supporters of the effort see emerging “flaws” and “abuses” in its execution? As they will. When the fighting goes on and the casualties mount up and a commitment meant to be “days, not weeks” cannot “decently” be abandoned, after mere days, with so many lives newly at stake? When the French, the Brits, and other allies reach the end of their military resources — or their domestic support — and more of the work naturally shifts to the country with more weapons than the rest of the world combined?  I usually do not agree with Peggy Noonan, but I think she is exactly right in her recent warning* about how much easier it is to get into a war than ever to get out. I agree more often with Andrew Sullivan, and I share his frequently expressed recent hopes that this goes well but cautions about why it might not. (Jeffrey Goldberg has asked a set of similar questions, here.)

Josh Marshall at Talking Points Memo:

So let’s review: No clear national or even humanitarian interest for military intervention. Intervening well past the point where our intervention can have a decisive effect. And finally, intervening under circumstances in which the reviled autocrat seems to hold the strategic initiative against us. This all strikes me as a very bad footing to go in on.

And this doesn’t even get us to this being the third concurrent war in a Muslim nation and the second in an Arab one. Or the fact that the controversial baggage from those two wars we carry into this one, taking ownership of it, introducing a layer of ‘The West versus lands of Islam’ drama to this basically domestic situation and giving Qaddafi himself or perhaps one of his sons the ability to actually start mobilization some public or international opinion against us.

I can imagine many of the criticisms of the points I’ve made. And listening to them I think I’d find myself agreeing in general with a lot of it. But it strikes me as a mess, poorly conceived, ginned up by folks with their own weird agendas, carried out at a point well past the point that it was going to accomplish anything. Just all really bad.

Spencer Ackerman at Danger Room at Wired:

As the United Nations-sanctioned war against Libya moves into its third day, no U.S., French or British aircraft have been shot down by Libyan air defenses. Part of the credit should go to the Navy’s new jammer, which is making its combat debut in Operation Odyssey Dawn. But the jammer isn’t just fritzing Moammar Gadhafi’s missiles, it’s going after his tanks.

Vice Adm. Bill Gortney told the media on Sunday that the EA-18G Growler, a Boeing production, provided electronic warfare support to the coalition’s attacks on Libya. That’s the first combat mission for the Growler, which will replace the Navy’s Prowler jamming fleet. Only Gortney added a twist: not only did the Growler go after Libya’s surface-to-air missiles, it helped the coalition conduct air strikes on loyalist ground forces going after rebel strongholds.

According to Gortney, coalition air strikes “halted” the march of pro-Gadhafi troops 10 miles south of Benghazi, thanks to French, British and U.S. planes — including the Marine Corps’ Harrier jump jet — thanks in part to Growler support. There’s no word yet on whether the Growler’s jamming functions disrupted any missiles that the pro-Gadhafi forces carried, or fried any communications the Libyan loyalists attempted to make back to their command. But Robert Wall of Aviation Week notes that the continued “risk from pop-up surface to air missile firings” prompts the need for Growlers above Libya.

And expect the Growler to keep up the pressure. The Pentagon plans to transfer control of Odyssey Dawn from Gen. Carter Ham and U.S. Africa Command to an as yet undetermined multinational command entity — at which point, the U.S. is expected to take a backseat in combat missions. But it’ll continue to contribute “unique capabilities” to the Libya mission. Namely, Gortney specified, “specialty electronic airplanes” such as the Growler. (And refueling tankers, spy planes, cargo haulers and command n’ control aircraft.) No wonder Defense Secretary Robert Gates hearts it so much.

Boss Hogg Says Something Interesting

Ben Smith at Politico:

Here’s a major moment in the nascent Republican presidential primary: Mississippi Governor Haley Barbour tonight became the first among the leading Republican candidates to suggest that the United States reduce its presence in Afghanistan and its spending on defense.

Barbour echoed the concerns of critics of the Afghan war effort when asked by reporters in Iowa about American involvement in the conflict:

He also said that the U.S. should consider reducing the number of troops in Afghanistan. “I think we need to look at that,” he said when asked if the U.S. should scale back its presence.

But he said his reasoning isn’t financial.

“What is our mission?” Barbour said. “How many Al Qaeda are in Afghanistan. … Is that a 100,000-man Army mission?”

“I don’t think our mission should be to think we’re going to make Afghanistan an Ireland or an Italy” or a Western-style democracy, he said.

Barbour’s leading Republican rivals have positioned themselves to President Obama’s hawkish right on a range of foreign policy issues. They’ve also resisted calls from some associated with the Tea Party movement for deep cuts to federal spending that would include defense cuts. In fact, two of the candidates — Mitt Romney and Newt Gingrich — have in the past backed the Heritage Foundation’s “4 percent for Freedom” initiative, which would actually raise baseline defense spending.

Joe Klein at Swampland at Time:

Ben Smith correctly identifies the first sort of interesting event in the Republican presidential primary race: Mississippi Governor Haley Barbour has had enough of Afghanistan and wants to start drawing down troops. No details about how many and when, of course–and, in the end, Barbour’s timetable may not be all that different from Obama’s, which, I expect will have lots of troops coming home next year. But this is Haley Barbour, folks–and we know two things about him: he’s not the world’s boldest policy thinker and he’s probably the smartest political strategist in the field. When Barbour decides that Afghanistan is a loser, you can bet that more than a few Republicans are heading that way–and that means interesting times for the trigger-happy neoconservatives who have dominated Republican foreign policy thinking in recent years. It also means that the foreign policy debate in the Republican primaries may be a real eye-opener.

J.F. at DiA at the Economist:

The interesting thing about Mr Barbour’s comments is not that he said them, but that he’s right: of course reining in defence spending has to at least be part of the conversation if people are going to take Republican promises of fiscal responsibility seriously. The depressing thing about his being right is that it doesn’t matter. There are plenty of other ways for Republicans to show their fiscal bonafides. Means-testing Social Security, for instance. Trimming Medicare. Backing the cost-saving measures in Obamacare. Letting the Bush tax cuts expire (sigh). Any takers, Republicans? No?

My two cents: Mr Barbour will get a pass on those comments for now—and may even get some lip service from the Romney-Gingrich camp—because his candidacy is such a long shot. If things start to improve for him, though, look for him to be pilloried as soft on national security.

Dan Amira at New York Magazine:

Of course, if Ron Paul runs, he would easily outdo Barbour on this front. But for now, Barbour is the only one, and Time‘s Joe Klein uses the opportunity to tout him as “probably the smartest political strategist in the field.”

Whether or not that’s true, you really don’t need to be a genius to know that Americans across the political spectrum are tiring of the war in Afghanistan. You just need the ability to read. According to a January Gallup poll, 72 percent of independents and 61 percent of Republicans want to “speed up withdrawal from Afghanistan.” And the sentiment is even stronger among tea partiers. According to a poll commissioned by the Afghan Study Group — in the words of founder Steve Clemons, “a bipartisan group of leading academics, business executives, former government officials, policy practitioners and journalists” — 64 percent of self-identified tea partiers want to reduce troop levels in Afghanistan or leave the country entirely. Considering the poll numbers, more surprising than Barbour taking a dovish position on Afghanistan is that the rest of his fellow candidates-to-be haven’t already done the same.

Alex Massie:

Barbour, the Boss Hogg governor of Mississippi, remains a long-shot for the GOP Presidential nomination but he’s not someone noted for policy boldness or imagination. True, his ideal timetable for withdrawal from Afghanistan may not differ from the platonic ideal of withdrawal imagined by the Obama administration; that’s not the important thing here. What matters – though this is but a tea leaf into which too much should not be read – is the hint that Republican enthusiasm for the Afghan mission may be waning. That in turn may make the foreign policy debates during the GOP primary more interesting than seemed likely six months ago.

Barbour, of course, is an impeccably-connected member of the “elite” disguised as a southern good old boy. Doubtless that’s why he’s also able to argue that conservative claims to fiscal responsibility (an interesting concept in itself) are meaningless if the Pentagon’s budget is ring-fenced and protected from future budget cuts. Again, this is the sort of “Beltway” thinking disdained by talk radio and the populist right.

Yesterday James observed that it is “worrying” that ” the United State appears to have lost interest in its role as global policeman” but it’s also worth pointing out that this is a role it has performed fitfully and inconsistently in the past. Again, parts of the Obama administration’s foreign and security apparatus – notably but not only Bob Gates – owe something to the George HW Bush/Colin Powell approach to international affairs. Leadership is certainly important but the problems of foreign policy are something to be managed, not solved. Because often there are no solutions and even rarer still is the solution that doesn’t involve hefty, perhaps expensive, trade-offs.

The Raymond Davis Case

Rick Moran:

Raymond Davis, the alleged CIA contract employee who was charged with murder in Pakistan after gunning down two would be robbers, has been freed by a Pakistani court.

Pakistan’s English language daily Dawn reports:

A Pakistan court on Wednesday freed CIA contractor Raymond Davis, who was accused of murdering two men in Lahore, after blood money was paid in accordance with sharia law, the Punjab Law Minister Rana Sanaullah said.“The family members of the slain men appeared in the court and independently verified they had pardoned him (Davis),” provincial law minister Rana Sanaullah told a private television.

“He has been released from jail. Now it is up to him. He can go wherever he wants,” he added.

The lawyer representing the victims, Asad Manzoor Butt, said he was not allowed to appear for the hearing. The lawyer alleged that Davis possibly escaped from the prison with the consent of the authorities, DawnNews reported.

The lawyer further claimed that he was kept in unlawful confinement, according to DawnNews.

PML-N spokesman Pervez Rasheed the Punjab government was not involved in the release of Davis, DawnNews reported.

Could all of that be true? Anything is possible but Dawn is not the most reliable media outlet. At the time of Davis’ arrests, they reported that the two street thugs he shot were “commuters.”

Spencer Ackerman at Danger Room at Wired:

All it took was cash to end an acrimonious spy standoff between the U.S. and its Pakistani frenemy.

Raymond Davis, a CIA contractor held in a Pakistani jail since late January, is a free man. He reportedly left Kot Lakhpat prison after family members of the two men Davis allegedly killed agreed to accept $700,000 per family in compensation for their losses.  (The exact total is in some dispute.) Blood money: it works.

To say the case inflamed Pakistan is an understatement. Some 47 people signed up to give witness statements in Davis’ scheduled trial, including cops and hospital workers. Little wonder: while Pakistan’s government and military tolerates the CIA’s drone strikes in the tribal areas, popular sentiment is outraged by the presence of American spies roving Pakistani streets, as Davis apparently was.

A Pakistani court charged him with murder — Davis claims he shot the two men in self-defense when they attempted to rob him — and declined to rule on his claims of diplomatic immunity, something Washington insists Davis possesses. But that’s now overtaken by events: the Guardian’s Declan Walsh tweets that Davis is “en route to Kabul, landing shortly.”

Rep. Mike Rogers, the chairman of the House intelligence committee, praised Davis’ release and blasted Pakistan for detaining him in the first place. “If Pakistan wants to be taken seriously as a state based on the rule of law, it must respect its international obligations,” Rogers said in a statement. “Pakistan and the U.S. cooperate on many levels because it is in our mutual interest. Irresponsible behavior like this jeopardizes everything our two nations have built together.”

Huma Imtiaz at Foreign Policy:

As March 16^th dawned over Pakistan, perhaps no one except for the powers-that-be realized that Raymond Davis would soon be free.

Earlier in the morning, the Lahore Sessions Court had indicted Davis, a CIA contractor, for murder, after he allegedly shot dead Faizan Haider and Mohammad Faheem in Lahore this past January 27.

Hours later, the news broke that Davis was a free man, after he paid blood money to the families of Faizan and Faheem. According to Geo News, Punjab Law Minister Rana Sanaullah announced that the families had forgiven Davis, and been paid blood money under the Shariah law of Qisas and Diyat.  Another report aired on the channel said that 18 members of both families had announced in front of the judge in Kot Lakhpat jail that they had forgiven Raymond Davis, after which cash was handed over to the families. However, the families’ lawyer Asad Manzoor Butt told Geo News that they were forcibly made to forgive Davis, after being led to jail by a man without identification.

Munawar Hasan, leader of the right-wing religious party Jamaat-e-Islami, reacted to the news by accusing the government of being slaves of the United States. “They should know that traitor governments do not last for very long,” he said. “They have mocked the law, and the families were forcibly made to sign the Diyat document. Davis was involved with terrorist organizations, and yet they have let him go. The ISI claims to love the country, but they sell people to the States in exchange for dollars, they have failed in their love for the nation today.” Hasan says protests against the release of Raymond Davis will be held in the major cities of Pakistan.

Conflicting reports have emerged about how much money has been paid to the families. Sources on various TV channels aired figures ranging from Rs. 60 million to Rs. 200 million (approximately $700,000 to $2,350,000). Davis’ whereabouts are also unknown – Dunya News said he had flown to the United States, whereas Geo News claimed he had flown to Bagram Air Base in Afghanistan. Another story attributed to “sources” on Geo News also said that Faizan’s widow Zehra had allegedly left for the United States.

Omar Waraich at Time:

Under Pakistani law, “blood money” is a legal means of securing forgiveness from the victims. Under the qasas and diyat laws, derived from Islamic jurisprudence, a court can release an accused person if the victim’s family agrees to a satisfactory cash settlement. The Shari’a-based laws are invoked in the majority of murder cases, Pakistani legal experts say. According to government officials in Punjab, Davis was charged with murder on Wednesday but then acquitted after the families of the two victims said in court that they forgave the CIA contractor and submitted documents attesting to that. Senior Pakistani officials told TIME that each victim’s family received $700,000 in compensation — for a total of $1.4 million.

David Ignatius at WaPo:

This deal had four principal architects: Hussein Haqqani, Pakistan’s ambassador to Washington, who shared the “blood money” idea with Sen. John Kerry, chairman of the Senate Foreign Relations Committee. Kerry then traveled to Pakistan, where me met with President Asif Ali Zardari, with the leaders of the Punjab government that was holding Davis, and with top officials of the ISI. Haqqani also visited CIA Director Leon Panetta the evening of Feb. 28 to share the “blood money” idea with him, according to a U.S. official. The final details were worked out by Panetta and ISI Director-General Ahmed Shuja Pasha.

U.S. and Pakistani sources said the process that led to Davis’s release Wednesday included a series of steps: First, the U.S. agreed to pay compensation to the families of the two Pakistanis Davis killed on Jan. 27. A Pakistani lawyer quoted by the Associated Press said the total payments amounted to $2.3 million. Another Pakistani source told me the payments were less than $1 million for each family. According to a U.S. official, the actual negotiations were conducted by Pakistanis, but the U.S. has agreed to pay the bill.

After the families reached the private financial agreement and formally forgave Davis, the settlement was recognized by the trial court in Punjab, which could then dismiss the murder charges under what is described as a standard process in Pakistani murder cases. With the murder charges dismissed, the Punjabi court resolved lesser charges against Davis, and he was freed.

An important aspect of the settlement, for the U.S., was that the principal of diplomatic immunity was never formally challenged in Pakistani courts. The Pakistani High Court refused to rule on the question and the trial court didn’t make a finding, either. That was crucial for the U.S., which feared that a legal challenge to its claim of immunity for Davis would expose hundreds of other undercover agents around the world who rely on the legal protection of their formal status as “diplomats.

John Ellis at Business Insider:

The ISI, Pakistan’s intelligence agency, emerged the winner in the show-down over the fate of CIA operative Raymond Davis.

The US position was that Mr. Davis was in Pakistan on a diplomatic passport, that he enjoyed all the privileges of that status and that the charges of murder lodged against him (he shot two Pakistanis, he says, in self-defense, which is almost certainly true) were therefore null and void.

[…]

Officially, Pakistan gets nearly $2 billion annually in foreign aid from the US.  And that figure is the public number. The actual number is much higher.  How it is that the American government can get jerked around by a government that enjoys such vast US support is a mystery.  But that’s what happened.

Lisa Curtis at Heritage:

Despite years of working closely to target al-Qaeda and other terrorists in Pakistan, the ISI and CIA had seen their relationship begin to fray, partly over Pakistan’s handling of terrorist group Lashkar-e-Tayyiba (LeT), which was responsible for the November 2008 Mumbai attacks. Pakistani-American David Headley, who was arrested in Chicago in October 2009 and later charged by a U.S. court with facilitating the Mumbai attacks as well as a planned terror attack in Denmark, revealed to interrogators that he was in close contact with Pakistani intelligence. As a result, the families of the six American victims of the Mumbai attack filed charges in a New York court against the head of Pakistan’s intelligence service, General Shujah Pasha, for involvement in the attacks. Pasha’s tenure as Director General of the ISI was recently extended by one year by Prime Minister Yousaf Raza Gilani.

Adding fuel to the fire, the CIA station chief in Islamabad was forced to leave the country last December after his cover was blown in the Pakistani media.

While resolution of the Davis case may help to cool tempers between the ISI and CIA in the immediate term, so long as Pakistan resists taking serious action against terrorist groups like the LeT, tensions in the relationship will persist.

Washington is increasingly and rightly concerned about the global reach of the LeT and the potential for the group to conduct a Mumbai-type of attack on U.S. soil. It is highly likely that the CIA had recently sought to develop independent sources of secret information on the group in Pakistan to avert such a possibility. Many analysts argue that the LeT is focused primarily on India and thus has little motivation to attack the U.S. directly. However, the skill with which U.S. citizen David Headley operated in close collaboration with the LeT for so many years has raised concern about the LeT’s level of sophistication and its potential capability to conduct an attack in the U.S. if it so chooses.

The Pakistani authorities must now brace for the public reaction to the release of Davis. The religious parties held numerous protests over the past several weeks against Davis’s release. Whether the Pakistani security establishment will be able to use their links to the religious parties to temper their response remains to be seen. Following the Pakistani military storming of the Red Mosque in Islamabad in July 2007, the religious parties strongly criticized the operation, but their public protests were muted. The Pakistani Taliban, which has conducted numerous suicide attacks inside Pakistan over the last three years, will almost certainly react with further violence in retaliation for Davis’s release.

While the release of Raymond Davis is indisputably good news for the U.S and may temporarily improve ties between our two intelligence agencies, it could also heighten anti-American sentiment in Pakistan, especially if the initial news reports that the families were pressured into accepting the blood money gain traction. While one diplomatic dispute between the U.S. and Pakistan has found resolution, the fundamental challenges to the relationship certainly remain.

We’re Talking About Money, Honey

Felix Salmon:

Individuals are doing it, banks are doing it — faced with the horrific news and pictures from Japan, everybody wants to do something, and the obvious thing to do is to donate money to some relief fund or other.

Please don’t.

We went through this after the Haiti earthquake, and all of the arguments which applied there apply to Japan as well. Earmarking funds is a really good way of hobbling relief organizations and ensuring that they have to leave large piles of money unspent in one place while facing urgent needs in other places. And as Matthew Bishop and Michael Green said last year, we are all better at responding to human suffering caused by dramatic, telegenic emergencies than to the much greater loss of life from ongoing hunger, disease and conflict. That often results in a mess of uncoordinated NGOs parachuting in to emergency areas with lots of good intentions, where a strategic official sector response would be much more effective. Meanwhile, the smaller and less visible emergencies where NGOs can do the most good are left unfunded.

In the specific case of Japan, there’s all the more reason not to donate money. Japan is a wealthy country which is responding to the disaster, among other things, by printing hundreds of billions of dollars’ worth of new money. Money is not the bottleneck here: if money is needed, Japan can raise it. On top of that, it’s still extremely unclear how or where organizations like globalgiving intend on spending the money that they’re currently raising for Japan — so far we’re just told that the money “will help survivors and victims get necessary services,” which is basically code for “we have no idea what we’re going to do with the money, but we’ll probably think of something.”

Tyler Cowen:

For reasons which you can find outlined in my Discover Your Inner Economist, I am generally in sympathy with arguments like Felix’s, but not in this case.  I see a three special factors operating here:

1. The chance that your aid will be usefully deployed, and not lost to corruption, is much higher than average.

2. I believe this crisis will bring fundamental regime change to Japan (currently an underreported issue), rather than just altering the outcome of the next election.  America needs to signal its partnership with one of its most important allies.  You can help us do that.

3. Maybe you should give to a poorer country instead, but you probably won’t.  Odds are this will be an extra donation at the relevant margin.  Sorry to say, this disaster has no “close substitute.”

It may be out of date, but the starting point for any study of Japan is still Karel von Wolferen’s The Enigma of Japanese Power.   Definitely recommended.

Adam Ozimek at Modeled Behavior

John Carney at CNBC:

The fact that Charlie Sheen has decided donate a portion of the money from his live stage shows to help people affected by earthquake in Japan should be all you need to know that donating money to Japan is a bad idea.

Earthquakes, hurricanes, floods, tsunamis, volcanoes and even chemical or nuclear disasters can provoke a strong urge on the part of people to want to provide disaster relief in the form of charitable donations directed at those afflicted by the most recent disaster. This is almost always a mistake.

Almost all international disaster relief is ineffective. Part of the reason for this is that relief groups rarely know who is suffering most, or how aid can be most effectively directed.

Reihan Salam

Annie Lowrey at Slate:

Concern and generosity are entirely human—and entirely admirable!—responses to the disaster and tragedy in Japan. But if you really want to be helpful, as Felix Salmon and others have noted, there might be better ways to donate your money than just sending it to Japan. There are two basic rules for being useful: First, give to organizations with long track records of helping overseas. Second, leave it up to the experts to decide how to distribute the aid.

The first suggestion is simple: Avoid getting scammed by choosing an internationally known and vetted group. Big, long-standing organizations like Doctors without Borders and the International Committee of the Red Cross are good choices. If choosing a smaller or local group, try checking with aid groups, Guidestar, or the Better Business Bureau before submitting funds.

The second suggestion is more important. Right now, thousands of well-intentioned donors are sending money to Japan to help it rebuild. But some portion of the donated funds will be earmarked, restricted to a certain project or goal, and therefore might not do the Japanese much good in the end. Moreover, given Japan’s extraordinary wealth and development, there is a good chance that aid organizations will end up with leftover funds they will have no choice but to spend in country—though the citizens of other nations wracked by other disasters, natural or man-made, might need it more. Aid organizations can do more good when they decide how best to use the money they receive.

Taylor Marsh:

As for giving to Japan, don’t and here’s why, unless you want to give specifically to an organization like Doctors Without Borders.

Mahablog:

Felix Salmon wrote a column for Reuters warning people “don’t donate money to Japan.” His argument is that donations earmarked for a particular disaster often “leave large piles of money unspent in one place while facing urgent needs in other places.”

Commenters pointed out that many relief organizations accept donations with a disclaimer that surplus funds may be applied elsewhere. And other relief organizations don’t allow for earmarking of donations at all, but that doesn’t mean they can’t use a burst of cash during an extraordinary crisis.

Salmon also wrote, “we are all better at responding to human suffering caused by dramatic, telegenic emergencies than to the much greater loss of life from ongoing hunger, disease and conflict. That often results in a mess of uncoordinated NGOs parachuting in to emergency areas with lots of good intentions, where a strategic official sector response would be much more effective.”

That last probably is true. I also have no doubt that various evangelical groups already are planning their crusades to Japan to rescue the simple indigenous people for Christ in their time of need. (Update: Yep.)

So if you do want to donate money, I suggest giving to the excellent Tzu Chi, a Buddhist relief organization headquartered in Taiwan. Relief efforts in Japan are being coordinated through long-established Tzu Chi offices and volunteer groups in Japan, not by random do-gooders parachuting in from elsewhere. Tzu Chi does a lot of good work around the globe, so your money will be put to good use somewhere.

Looking Away From Japan For One Moment..

The Week:

Saudi Arabia sent 1,000 soldiers into neighboring Bahrain on Monday to help quell increasingly violent anti-government protests. While Bahrain’s King Hamad bin Issa al-Khalifah, a Sunni Muslim, has offered to start a dialogue with the mostly Shiite protesters, opposition leaders have refused, demanding that the government step down, and calling the arrival of foreign troops an invasion. Saudi Arabia has problems with its own Shiite minority, and fears the unrest in Bahrain could spill over into its own oil-rich kingdom. Will the Saudis be able to quash the unrest in Bahrain?

Bruce McQuain:

Yes it’s another fine mess.  Of course while the Japanese tragedy and the struggles with their nuclear power plants has sucked all the air out of news elsewhere, there is, in fact much news elsewhere.  And not the least of it is coming out of the Middle East where Saudi troops, as a part of the Gulf Cooperation Council (GCC), moved into Bahrain ostensibly to “guard government facilities”.

The GCC is composed of Saudi Arabia, Qatar, UAE, Bahrain, Oman and Kuwait.   It was created in 1991 (think Iraq invasion of Kuwait), the 6 members share common borders and are committed by their charter to help each other in times of need.

The action by the GCC, as you might imagine, is in direct conflict with how the White House has indicated it would prefer the situation in Bahrain be resolved.  Obviously that’s not carried much weight with the GCC.

The move created another quandary for the Obama administration, which obliquely criticized the Saudi action without explicitly condemning the kingdom, its most important Arab ally. The criticism was another sign of strains in the historically close relationship with Riyadh, as the United States pushes the country to make greater reforms to avert unrest.

Other symptoms of stress seem to be cropping up everywhere.

Saudi officials have made no secret of their deep displeasure with how President Obama handled the ouster of the Egyptian president, Hosni Mubarak, charging Washington with abandoning a longtime ally. They show little patience with American messages about embracing what Mr. Obama calls “universal values,” including peaceful protests.

The GCC move has prompted both Robert Gates, Secretary of Defense and Hillary Clinton, Secretary of State, to cancel upcoming visits to Saudi Arabia.

Again, the apparent genesis of these tensions appear to be related to the way the US handled Egypt.  It has caused the Saudis and other GCC nations to trust the US less than before:

The latest tensions between Washington and Riyadh began early in the crisis when King Abdullah told President Obama that it was vital for the United States to support Mr. Mubarak, even if he began shooting protesters. Mr. Obama ignored that counsel. “They’ve taken it personally,” said one senior American familiar with the conversations, “because they question what we’d do if they are next.”

Since then, the American message to the Saudis, the official said, is that “no one can be immune,” and that the glacial pace of reforms that Saudi Arabia has been engaged in since 2003 must speed up.

Obviously the Saudi’s have their own ideas of how to handle this and apparently aren’t taking kindly to the US attempting to dictate how it should handle it’s internal affairs.  And, given the treatment of Mubarak, the Saudi rulers can’t help but feel that they’re just as likely to be thrown under the bus if protests were to escalate as was Mubarak.

Consequently, they’ve decided to go their own way and handle it with force within the GCC  while throwing money at the problem within the Saudi Kingdom.  Speaking of the latter:

One of President Obama’s top advisers described the moves as more in a series of “safety valves” the Saudis open when pressure builds; another called the subsidies “stimulus funds motivated by self-preservation.”

Saudi officials, who declined to comment for this article to avoid fueling talk of divisions between the allies, said that the tensions had been exaggerated and that Americans who criticized the pace of reforms did not fully appreciate the challenges of working in the kingdom’s ultraconservative society.

Of course the difference between their “stimulus funds” and ours is they actually have the money.   But it is ironic to see the adviser describe “stimulus funds” in those terms isn’t it?  The actual point here should be evident though.  The GCC has rejected the “Bahrain model” as the desired method of addressing the unrest.  As you recall that was the “regime alteration” model, v. the regime change model.

Spencer Ackerman at Danger Room at Wired:

It’s a move that undercuts the Obama administration’s rosy portrayal of the monarchy. Despite a paroxysm of violence in February when security forces attacked protesters in the capitol city of Manama, “today, the Pearl Roundabout in Bahrain is a place of nonviolent activism,” Adm. Mike Mullen, chairman of the Joint Chiefs of Staff, assured reporters on March 1. After a visit last week to Bahrain, home to the U.S. Navy’s Fifth Fleet, Gates said he was convinced the royals “are serious about real reform.”

If so, that lasted until about when Gates’ plane went wheels-up. Security forces are now trying to clear Manama’s financial district of protesters, firing tear gas canisters into demonstrators’ chests. About 1000 Saudi troops entered Bahrain on Monday, ostensibly to protect government installations, but protesters at the Pearl Roundabout set up barricades in preparation for the Saudis attacking them. The leading Shia opposition party, Wefaq, called it a “declaration of war and an occupation.”

And it’s not just the Saudis. Hussein Ibish of the American Task Force on Palestine tweeted that forces from the United Arab Emirates are also entering Bahrain, fulfilling a mandate from the Gulf Cooperation Council to protect the royals.

Matthew Yglesias:

I wish folks urging the United States to start a war in Libya would think a bit more about the situation in Bahrain: “The king of Bahrain declared a three-month state of emergency on Tuesday as more than 10,000 protesters marched on the Saudi Arabian embassy here to denounce a military intervention by Persian Gulf countries the day before.”

I don’t think the US military should attack Bahrain’s forces or Saudi Arabia’s any more than I think we should attack Libyas. But it seems overwhelmingly likely to me that if the Secretary of Defense were to call the relevant royal families and say that the United States does not intend to sell weapons in the future to countries that use them to crack down on peaceful democratic protestors, that this would be an important spur to political change. It’d be radically cheaper than a war with Libya and more effective than a war with Libya. If the answer is “well, America likes its client states just fine and doesn’t actually care about human rights in Arab countries” then maybe that’s all there is to say about it, but for people to run around the op-ed pages talking about no-fly zones in North Africa seems to me like it’s dodging the real question here. My view is that despotism can hardly be expected to last in the Gulf forever so getting on the right side of inevitable change will serve any meaningful conception of interests just as well as trying to prolong the inevitable will.

Ed Morrissey:

This will put a new wrinkle in the American reaction to the unrest.  Bahrain has a constitutional monarchy, as noted above, with a more liberal political environment than Saudi Arabia.  Both, however, are American allies; Bahrain has a free-trade agreement with the US.  Women have the right to vote and to seek education, which is much different than the Saudis.  The people have demonstrated peacefully for the most part in the Pearl Roundabout in the capital of Manama, but government forces used live ammunition to attempt to drive them out on at least two occasions last month.  They claim to want a republic based on representative democracy, exactly as protesters in Egypt, Libya, and Tunisia demanded — and which the US endorsed in those instances, to vacillating and varying degrees.

Now that one US ally has more or less invaded another, Grenada-style, at the request of a monarchy that has fired on its own people to maintain its power, what will Barack Obama do?  The Saudis clearly see the threat in Bahrain as a potential destabilizing force in their own country as well as fearing a growth of Shi’ite power in the region with the takeover of Bahrain.  Will Obama tell the Saudis to stand down and let the people of Bahrain settle their own accounts despite their probably-legitimate fears, or will he side with the Saudis for the status quo while the rest of the Arab world gets turned upside down?  Frankly, there aren’t a lot of great options here.

Dov Zakheim at Foreign Policy:

It should come as no surprise that Saudi Arabia has come to the aid of Bahrain’s royal family with about one thousand troops crossing the causeway between the two countries. If more troops are needed to ensure that the al-Khalifa regime does not fall, the Saudis will oblige. Put simply, Riyadh cannot tolerate Shiite domination of its offshore island, whether or not the al-Khalifas remain in power.

A Bahrain that is ruled by its Shiite majority is one-third of the ultimate nightmare for the Sunni rulers of the desert kingdom. The other two-thirds are a revolt by the Shiite majority in Saudi Arabia’s oil-rich Eastern Province, which could spill over from the troubles in neighboring Bahrain and a massive influx of Yemenis, many of whom are adherents of the Zaidi branch of Islam, and have little in common with Saudi Wahhabism.

Stability in Bahrain is therefore crucial for the long-term future of the al-Saud family as rulers of their eponymous kingdom. Indeed, Saudi Arabia’s rulers fully recognize that because memories in the Middle East are very long, the fact that the Hejaz was a separate Arabian kingdom as recently as the 1920s until it was conquered by Ibn Saud and merged with his kingdom of the Nejd means that the break-up of their country is hardly impossibility.

Other Gulf States, notably Kuwait, whose rulers are close to the al-Khalifa, may join the Saudi effort to stabilize Bahrain. So might the UAE, which shares Saudi fears of Iranian domination of the island, which was once an Iranian province, and which continues to smart over the Iranian seizure of its islands of Abu Musa and the Tunbs in 1971.

Blake Hounshell at Foreign Policy:

But outside of Tunisia and Egypt, Arab dreams are fast becoming Arab nightmares. In Libya, a spontaneous popular uprising is turning into a civil war — one that the rebels are rapidly losing. In Bahrain, protests that began as a call for civil rights and constitutional reform have devolved into ugly sectarian street battles; and as Saudi forces intervene to protect the ruling Sunni monarchy, the situation risks sparking a proxy struggle between Saudi Arabia and Iran. Yemen is kicking out foreign journalists as tribes cowboy up and activists talk of an impending bloodbath. Iraq’s hapless government is clamping down on political freedom. And all of this is taking place against the backdrop of rising oil prices, a hopelessly stalled Middle East peace process, and an epic natural disaster in the world’s No. 3 economy.

There are some bright spots: Morocco’s King Mohammed VI seems to understand at some level that he needs to embrace change lest he be swept up by it; Jordan has remained surprisingly calm even though its monarch, King Abdullah II, has thus far only pretended to get it; Kuwait already had a relatively vibrant political scene; and quiescent Qatar and the go-go United Arab Emirates don’t seem at risk of any unrest whatsoever. But in general, the region’s autocrats are responding as they always have to popular anger: with a combination of brute force, comically half-baked reforms, and economic bribes.

What will happen next is anybody’s guess, but I find it hard to be optimistic in the short term. Much depends on how the democratic transitions in Tunisia and especially Egypt go, but it will be many months before the dust settles there. In the meantime, the rest of the region is ablaze. And as they did with Iraq, Arab leaders will now eagerly point to Libya and Bahrain as cautionary examples of what happens when citizens to the streets.

Meanwhile, the region’s two traditional problem children — Lebanon and Palestine — haven’t even joined the fray yet. Burgeoning youth protest movements in both places are calling on their bickering, ineffective leaders to get their acts together in the name of national unity, but the forces of the status quo are far stronger. It’s hard to imagine Hezbollah and Lebanon’s March 14 movement in Lebanon, or Fatah and Hamas in Palestine, putting aside their differences and coming together for the common good. And Iran and its pal Syria haven’t begun to make trouble yet. Now that Saudi Arabia has thrown down the gauntlet in Bahrain, the gloves may come off — especially if the U.N. special tribunal ever gets around to indicting Hezbollah figures for the murder of former Lebanese prime minister Rafiq al-Hariri.

None of this is to say that there is some magic formula that the United States could have employed to avoid this dangerous state of affairs. U.S. influence in the region is fast evaporating, as evidenced by the fact that its ostensible allies — Israel and Saudi Arabia — are now flaunting their rejection of Washington’s advice: Benjamin Netanyahu is reportedly about to debut an absurdly disingenuous peace initiative, and Saudi troops just rolled into Bahrain a day after U.S. Defense Secretary Bob Gates urged King Hamad to compromise and embrace political reform. The Pentagon didn’t even get a courtesy call.

But what happens next will have huge repercussions for U.S. national security, and will present President Obama will terrible dilemmas in the region. If Saudi troops kill Shiites in Bahrain using American weapons, what will he say or do? Iran wasn’t behind any of these uprisings, but if it starts creating mischief, how should he respond? What if Yemen turns into another Somalia? What if Palestinians rise up against Israel in a third intifada? If Egypt’s transition goes badly? Right now, coming up with tough questions is a lot easier than providing answers.

Ah, Paging Mike Kinsley…

Chris Rovzar at New York Magazine:

Speaking to a small group at MIT, State Department spokesman P.J. Crowley said that accused WikiLeaker Bradley Manning is “in the right place” in federal custody, but the way he has been treated is “ridiculous and counterproductive and stupid.” Just now, ABC News’ Jake Tapper asked President Obama about the comments in the White House Briefing Room. “With respect to Private Manning, I have actually asked the Pentagon whether the procedures that have been taken in terms of his confinement are appropriate and are meeting basic standards,” Obama replied. “They assured me that they are. I can’t go into details about some of their concerns, but some of that has to do with Private Manning’s safety as well.” In other news, apparently Manning’s no longer sleeping naked: Now he gets to have a “suicide-proof” sleeping smock.

Hilary Clinton:

Resignation of Philip J. Crowley as Assistant Secretary of State for Public Affairs

Press Statement

Hillary Rodham Clinton
Secretary of State

Washington, DC

March 13, 2011

---

It is with regret that I have accepted the resignation of Philip J. Crowley as Assistant Secretary of State for Public Affairs. PJ has served our nation with distinction for more than three decades, in uniform and as a civilian. His service to country is motivated by a deep devotion to public policy and public diplomacy, and I wish him the very best. Principal Deputy Assistant Secretary (PDAS) Michael Hammer will serve as Acting Assistant Secretary for Public Affairs.

STATEMENT BY PHILIP J. CROWLEY

The unauthorized disclosure of classified information is a serious crime under U.S. law. My recent comments regarding the conditions of the pre-trial detention of Private First Class Bradley Manning were intended to highlight the broader, even strategic impact of discrete actions undertaken by national security agencies every day and their impact on our global standing and leadership. The exercise of power in today’s challenging times and relentless media environment must be prudent and consistent with our laws and values.

Given the impact of my remarks, for which I take full responsibility, I have submitted my resignation as Assistant Secretary for Public Affairs and Spokesman for the Department of State.

I am enormously grateful to President Obama and Secretary Clinton for the high honor of once again serving the American people. I leave with great admiration and affection for my State colleagues, who promote our national interest both on the front lines and in the quiet corners of the world. It was a privilege to help communicate their many and vital contributions to our national security. And I leave with deep respect for the journalists who report on foreign policy and global developments every day, in many cases under dangerous conditions and subject to serious threats. Their efforts help make governments more responsible, accountable and transparent.

Josh Rogin at Foreign Policy:

Crowley’s Twitter personality mirrored his real-life personality — affable, edgy, sometimes sarcastic, and occasionally a little off-message. Crowley’s energy and willingness to take measured risks by going beyond the Obama administration’s standard talking points is what endeared him to the reporters he worked with each day. It was that same openness that cost him his job, after he admitted that he believed the Marine Corps’ treatment of alleged WikiLeaks source Private Bradley Manning was “ridiculous and counterproductive and stupid.”

Crowley’s last tweet before resigning was a gem, but he deleted it. “We’ve been watching hopeful #tsunami sweep across #MiddleEast. Now seeing a tsunami of a different kind sweep across Japan,” read the March 11 tweet.

Of the remaining 400-plus tweets he sent out to his 24,000-plus followers, here are The Cable‘s top 10, in reverse chronological order:

1. March 1, 7:08 a.m.: “#Qaddafi tells #ABCNews: All my people with me, they love me. They will die to protect me. The #Libyan people tell Qaddafi: You go first!”
2. Feb. 26, 7:37 a.m.: “Despite #Qaddafi‘s hardly sober claim that the protesters are on drugs, the people of #Libya are clear-eyed in their demand for change.”
3. Feb. 22, 7:28 p.m.: “We are surprised that #Argentina has chosen not to resolve a simple dispute involving training equipment. And we still want our stuff back.”
4. Feb. 16, 7:56 a.m.: “#KimJongIl‘s son attended an #EricClapton concert in Singapore? Actually, the #DearLeader himself would benefit from getting out more often.”
5. Jan. 22, 5:40 a.m.: “The claim by the lawyer for #JulianAssange that his client could go to #Guantanamo is pure legal fantasy. Save it for the movie.”
6. Dec. 24, 12:40 p.m.: “The legal export of popcorn, chewing gum, cake sprinkles and hot sauce is not propping up the Iranian government. #Iran“
7. Oct. 28, 4:30 p.m.: “Happy birthday President #Ahmadinejad. Celebrate by sending Josh Fattal and Shane Bauer home. What a gift that would be. #Iran“
8. Aug. 27, 5:38 p.m.: “Americans should heed our #travel warning and avoid North Korea. We only have a handful of former Presidents. http://go.usa.gov/cAO #DPRK“
9. Aug. 20, 11:34 a.m.: “North #Korea has joined #Facebook, but will it allow its citizens to belong? What is Facebook without friends?”
10. May 18, 10:37 p.m.: “It doesn’t take a reading test to recognize misguided legislation. I have read the #Arizona law. Comprehensive reform is the right answer.”

Mike Konczal at Rortybomb:

This argument is the liberal argument.  This is what distinguishes liberals from conservatives in this space.   The liberal argument isn’t that we have an extensive, unaccountable security state and feel really bad about it (while the conservative argument is that we cheerlead it), it’s that this kind of state is a bad deal.  The machine Cheney et al were operating in the dark, away from any oversight gave us no useful intelligence, corrupted offices, people and practices, and left us less safe than had we not done anything.   This is the argument I find convincing.  That Obama campaigned as the constitutional law professor from Chicago who could push back on the 8-year power grab was one reason I found him so compelling as a candidate.

P.J. Crowley has a distinguished career, retiring from the Air Force as a Colonel, and it’s good to see him stand by his statement after resigning. When I combine things like this with the administration’s aggressive war on whistleblowers it makes me think this has been a complete disaster at reform in the security-surveillance state.   What can be done about this?

Three related: 1. Kudos to the people who cover this material. Glenn Greenwald, FDL, Adam Serwer, etc. I can link to an unemployment number to tell you what you already know – things are bad in the economy. That Obama has an aggressive war on whistleblowers when he campaigned to expand their protections is a tough narrative to establish, especially since everyone has wanted to believe otherwise in the liberal space.

2. Emptywheel has a post about the Brothers Daley and torture, relating Bill Daley’s comment – “he’s done” – to the sordid history of Richard Daley’s time as a prosecutor and Chicago Police Commander Jon Burge’s torture of African-American residents of Chicago during interrogations. I’ve talked with people who know the Burge situation well from Chicago, and when I ask how could it happen I always get some variety of “that’s how things were done back then.” I worry that a “that’s how things are done” is taking to the surveillance state now that Obama hasn’t broke it but instead established and, in some cases, expanded it.

3. Robert Chlala at Jadaliyya has a post – Of Predators and Radicals: King’s Hearings and the Political Economy of Criminalization – that gives a disturbing look at where all this can go. Discussing “From Super Predator to Predator Drone” Chlala argues that the current work done on Muslim so-called radicalization in America looks very similar to the African-American “youth gang” hysteria of the 1990s, an argument that lead to a massive expansion of the incarceration state along with a political ideology of making “state violence the only solution to social questions…while nurturing a broader racialized political economy of fear that entwines media, police, military, prisons, urban “entrepreneurs,” and security/crime “experts” towards the solidification of the neoliberal punitive state.” We’ve seen where this hysteria leads. Serious leadership and mechanisms for accountability when it fails is needed.

David Weigel:

It sounds even stranger when you type it out: the spokesman for the Secretary of State resigned over comments he made at a seminar of around 20 people at MIT. It sounds so strange that the Guardian muddled it a bit in one of the first stories on the matter.

Hillary Clinton‘s spokesman has launched a public attack on the Pentagon for the way it is treating military prisoner Bradley Manning, the US soldier suspected of handing the US embassy cables to WikiLeaks.

Not really; it was a non-reported, non-televised talk to a small group that happened to be blogged. He wasn’t saying he spoke for the administration, much less that he knew the facts of the case. It was a comment in confidence; that was enough to embarrass the administration and boost him out.

John Hinderaker at Powerline:

Reflexive leftism is pretty common at State, and I suppose this was a classic gaffe, i.e., Crowley said what he actually believed. Still, it is hard to understand how Crowley could have thought it would be OK to slam the Defense Department. Isn’t the State Department supposed to be all about diplomacy? Isn’t it a bit weird that they can’t come up with a spokesman who is diplomatic enough not to insult the guys on his own side?

Rick Moran:

The military says that Manning is on suicide watch which necessitates his being stripped to make sure he can’t harm himself. If Crowley thinks that’s “ridiculous” he also thinks the Defense Department are violating the law by enforcing common sense procedures to make sure we have a live suspect to stand trial and not a dead martyr.

Crowley’s position simply became untenable.

And Even In This, We Find The Simpsons Reference

David E. Sanger and Matthew L. Wald at NYT:

As the scale of Japan’s nuclear crisis begins to come to light, experts in Japan and the United States say the country is now facing a cascade of accumulating problems that suggest that radioactive releases of steam from the crippled plants could go on for weeks or even months.

he emergency flooding of stricken reactors with seawater and the resulting steam releases are a desperate step intended to avoid a much bigger problem: a full meltdown of the nuclear cores in reactors at the Fukushima Daiichi Nuclear Power Station. On Monday, an explosion blew the roof off the second reactor, not damaging the core, officials said, but presumably leaking more radiation.

Later Monday, the government said cooling systems at a third reactor had failed. The Kyodo news agency reported that the damaged fuel rods at the third reactor had been temporarily exposed, increasing the risk of overheating. Sea water was being channeled into the reactor to cover the rods, Kyodo reported.

So far, Japanese officials have said the melting of the nuclear cores in the two plants is assumed to be “partial,” and the amount of radioactivity measured outside the plants, though twice the level Japan considers safe, has been relatively modest.

But Pentagon officials reported Sunday that helicopters flying 60 miles from the plant picked up small amounts of radioactive particulates — still being analyzed, but presumed to include cesium-137 and iodine-121 — suggesting widening environmental contamination.

Instapundit:

MUCH ADO ABOUT NOT MUCH: 7th Fleet repositions ships after contamination detected. “For per­spec­tive, the max­i­mum poten­tial radi­a­tion dose received by any ship’s force per­son­nel aboard the ship when it passed through the area was less than the radi­a­tion expo­sure received from about one month of expo­sure to nat­ural back­ground radi­a­tion from sources such as rocks, soil, and the sun.”

Ed Morrissey:

Still, if that’s the dose received 100 miles away after wind dispersal and dissipation, it’s small wonder that the Japanese are evacuating the area near the plant.  No nation has the history of radiation poisoning that Japan does, and one has to believe that this danger will loom the largest among the people even after the tsunami damage that killed thousands of people.  The government will face a great deal of scrutiny for years to come for its actions in these few days, and they appear to understand that.

David Kopel:

That’s the title of a post on the Morgsatlarge, reprinting a letter from Dr. Josef Oehman of MIT. According to his web page, his main research interest is “risk management in the value chain, with a special focus on lean product development.” Although he’s a business professor and not a nuclear scientist, his father worked in the German nuclear power industry, and the post provides a detailed and persuasive (at least to me) explanation of how the endangered Japanese nuclear power plants work, and why their multiple backup systems  ensure that there will be neither an explosion nor a catastophic release of radiation. The American cable TV channels, by the way, seem to be taking a much more sober approach than they did yesterday, when Wolf Blitzer was irresponsibly raising fear of “another Chernobyl.”

John Sullivan at ProPublica:

As engineers in Japan struggle to bring quake-damaged reactors under control [1], attention is turning to U.S. nuclear plants and their ability to withstand natural disasters.

Rep. Ed Markey, a Massachusetts Democrat who has spent years pushing the Nuclear Regulatory Commission toward stricter enforcement of its safety rules, has called for a reassessment. Several U.S. reactors lie on or near fault lines, and Markey wants to beef up standards for new and existing plants.

“This disaster serves to highlight both the fragility of nuclear power plants and the potential consequences associated with a radiological release caused by earthquake related damage,” Markey wrote NRC Chairman Gregory Jaczko in a March 11 letter [2].

Specifically, Markey raised questions about a reactor design the NRC is reviewing for new plants that has been criticized for seismic vulnerability. The NRC has yet to make a call on the AP1000 reactor [3], which is manufactured by Westinghouse. But according to Markey, a senior NRC engineer has said the reactor’s concrete shield building could shatter “like a glass cup” under heavy stress.

The New York Times reported last week [4] that the NRC has reviewed the concerns raised by the engineer, John Ma, and concluded that the design is sufficient without the upgrades Ma recommended. Westinghouse maintains that the reactor is safe [5].

Boiling water reactors [6], like the ones hit by the Japanese earthquake, are built like nested matroyshka [7] dolls.

The inner doll, which looks like a gigantic cocktail shaker and holds the radioactive uranium, is the heavy steel reactor vessel. It sits inside a concrete and steel dome called the containment. The reactor vessel is the primary defense against disaster — as long as the radiation stays inside everything is fine.

The worry is that a disaster could either damage the vessel itself or, more likely, damage equipment that used to control the uranium. If operators cannot circulate water through the vessel to cool the uranium it could overheat and burn into radioactive slag — a meltdown.

Steve Mirsky at Scientific American

Maggie Koerth-Baker at Boing Boing:

This morning, I got an email from a BoingBoing reader, who is one of the many people worried about the damaged nuclear reactors at Fukushima, Japan. In one sentence, he managed to get right to heart of a big problem lurking behind the headlines today: “The extent of my knowledge on nuclear power plants is pretty much limited to what I’ve seen on The Simpsons“.

For the vast majority of people, nuclear power is a black box technology. Radioactive stuff goes in. Electricity (and nuclear waste) comes out. Somewhere in there, we’re aware that explosions and meltdowns can happen. Ninety-nine percent of the time, that set of information is enough to get by on. But, then, an emergency like this happens and, suddenly, keeping up-to-date on the news feels like you’ve walked in on the middle of a movie. Nobody pauses to catch you up on all the stuff you missed.

As I write this, it’s still not clear how bad, or how big, the problems at the Fukushima Daiichi power plant will be. I don’t know enough to speculate on that. I’m not sure anyone does. But I can give you a clearer picture of what’s inside the black box. That way, whatever happens at Fukushima, you’ll understand why it’s happening, and what it means.

The King Hearings… A Small Sampling

Mark Memmott at NPR:

The House Committee on Homeland Security’s hearing on what Chairman Peter King (R-NY) says is the domestic threat from “Muslim radicalization” continues on Capitol Hill. We posted earlier on the emotional testimony from Rep. Keith Ellison (D-MN), the first Muslim member of Congress and on a father’s warning about the “extremist invaders” who he says programmed his son to kill.

King, as you can see in this video from The Associated Press, said he will not “back down … to political correctness.”

“There is nothing radical or un-American in holding these hearings,” King said

Chris Good at The Altantic:

In a move that’s stirred much criticism, New York Rep. Peter King on Thursday, at 9:30 a.m. Eastern, will hold a hearing of the House Homeland Security Committee examining radicalization among American Muslims.

Not since the Bush administration has public debate erupted so sharply over whether a particular congressional hearing should even be held.

King says the hearing is “absolutely necessary.” Radicalization exists in the Muslim community in America, and it’s his job as committee chairman to fully investigate it, King has said.

“I have no choice. I have to hold these hearings. These hearings are absolutely essential. What I’m doing is taking the next logical step from what the administration has been saying. Eric Holder says he lies awake at night worrying about the growing radicalization of people in this country who are willing to take up arms against their government. I believe that the leadership, too many leaders in the Muslim community do not face up to that reality,” King recently told CNN’s Dana Bash.

“I never want to wake up the morning after another attack and say if only I had done what I should have done as homeland security chairman, this wouldn’t have happened,” said King, who represents a district on Long Island.

Others don’t see it that way: Many have raised questions about whether King is wrong to single out a particular religious group. Comparisons to McCarthyism have being raised.

Joe Coscarelli at The Village Voice:

Rep. Keith Ellison, a Democrat from Minnesota, spoke this morning at the controversial hearings led by Long Island Republican congressman Peter King, and broke down in tears while telling the story of Mohammad Salman Hamdani, an American citizen from Pakistan, who died in the Septemper 11 attack on the World Trade Center. Ellison first warned of the dangers of “ascribing evil acts of a few individuals to an entire community,” before sobbing through the story of Hamdani, who was slandered when he went missing on 9/11, accused of being complicit in the attack. “His life should not be indentified as just a member of an ethnic group or just a member of a religion,” Ellison said, “but as an American who gave everything for his fellow Americans.”

King, meanwhile, announced today that he has had around-the-clock security since late last year, when he announced plans to hold hearings that examine recruitment for Al Qaeda and the threat of “radicalization.”

More important is Ellison’s moving plea. If this country has any sense, his impassioned testimony will be the lasting image from this detrimental sham masquerading as government action.

David Weigel:

Much of the liberal opposition to Rep. Peter King’s hearings on Muslim radicalism today has focused on King himself — his past support of the IRA, his treasure trove of heated comments about terrorism.

That came to the fore just now, after Rep. Bennie Thompson, the Homeland Security Committee’s ranking member, asked about the implications of a member of Congress saying there were “too many mosques.” Rep. Mike Rogers, R-Ala., took umbrage at that.

“I haven’t heard any member of our committee say there’s too many mosques,” he said. The implication was shameful.

King briefly took the microphone. It was him, he said: “I’d said there are too many mosques.”

Indeed, he sort of did. It’s complicated. In 2007, he said those exact words in a Politico interview, but immediately pointed out that they were taken out of context — he meant to say* that there are “too many mosques not cooperating with law enforcement.”

Rep. Peter King: There Are Too Many Mosques In The US

It was just one skirmish in the long-running war between King and CAIR et al.

Joe Klein at Swampland at Time:

I’m of two minds about the hearings on domestic terrorism that Rep. Peter King is holding today. I’ve been a staunch defender of Muslims–of their patriotic record as American citizens, of their right to build houses of worship anywhere they want, including near Ground Zero. But let’s face it: there have been a skein of attacks over the past year–starting with the Fort Hood massacre and running through the aborted Times Square bombing–that have been attempted by U.S. citizens who happen to be Muslims. This is something new and, I think, it is a phenomenon that needs to be (a) acknowledged and (b) investigated as calmly and fairly as possible.

I’m not sure that King, an excitable bloviator, is the right person to conduct the hearings–but we need to know whether there is a pattern here, whether there are specific mosques that have been incubators, and how much an influence the American-born terrorist Anwar Awlaki, who is now living somewhere in Yemen, has been. We should do this with the assumption that American muslim terrorists are about as common as American Christian anti-abortion terrorists. We should do it as sensitively as possible, with the strong assertion that Islamophobia is unacceptable in America. But we should do it.

Rick Moran:

This is such a no-brainer issue that the only possible reason to oppose King’s hearings is to score political points. There is no earthly reason that Muslims should oppose rooting out radicals in their midst – especially since law enforcement says that either out of fear or anti-Americanism, many ordinary Muslims do not cooperate with the police or FBI.

I have a feeling this hearing is going to be an eye opener. And that might be why some Muslims are so opposed to having it.

Jennifer Rubin:

The notion that we should ignore the obvious in an attempt to curry favor with “moderate” Muslims here in the U.S. and to avoid offending those overseas is badly misguided. For starters, it assumes that those audiences are infantile in their inability to distinguish, as the rest of us do, the difference between radicalized, murderous Islamic fundamentalists and those who pose no threat whatsoever. In doing so, we only serve to undermine the efforts of those non-radicalized Muslims abroad who could use some assistance, even if it is only rhetorical in pushing back against extremists.

Moreover, it glosses over a real issue in the U.S.: a number of groups who offer themselves as “moderate” and with whom the administration consults are not helping matters, as evidence by the fit thrown over the prospect of examining how their fellow Muslims turn to murder and mayhem. Let’s take CAIR, for example. This ostensibly anti-discrimination group has refused to denounce Hamas and Hezbollah as terrorist groups. As I wrote last year:

CAIR has created its own cottage industry by hassling airlines, intimidating government investigators, and generally spraying lawsuits and claims of “discrimination” at those who single out Muslims for additional scrutiny in efforts to defend ourselves in a war waged by Islamic fascists against our civilization. (CAIR figures also had their share of encounters with the law. See here and here.)

It’s not hard to figure out why public discussion of all this strikes fear in the hearts of those who would rather not see a public accounting of their actions. But even the administration has to acknowledge that failure to identify, understand and combat the role of Islamic fundamentalists’ recruitment of Americans is foolhardy in the extreme. And, so, lo and behold, we learn, “While the thrust of McDonough’s remarks seemed aimed at declaring common cause with the Muslim community, the White House official was also careful not to minimize the dangers posed by efforts to radicalize Muslims inside the United States. He also managed to announce, in advance of King’s hearings, that the administration will soon roll out a comprehensive plan aimed at combating the radicalization effort.” Well, I suppose CAIR won’t like that either.

If King’s hearings have spurred the administration to get off the stick and begin work on this issue, they are already a success. And if nothing else they have exposed just how unhelpful some Muslim American groups are in the war against Islamic jihadists.

Disaster In Japan

Andrew Sullivan with a round-up of live blogs

Naked Capitalism:

When a smaller earthquake struck near Tokyo a couple of days ago, I wondered if worse was on the way soon.

Japan has been overdue for a major earthquake, given their historical frequency. Perversely, there was much more worry about the impact of a major quake on Japan when it was an economic force to be reckoned with (perhaps a subconscious wish to cut the seemingly unbeatable Japanese down to size?). While the horrific death count that resulted from the last great quake in 1923, led the Japanese to impose vastly tougher building codes and continue to improve upon earthquake-related technology, events like this too often have a nasty way of defeating careful planning. But this tremblor, which registered a formidable magnitude 8.8, was off the northern coast, but still has produced serious disruptions in Tokyo. There are no good reports of the damage yet.

Choire Sicha at The Awl:

Livestream news from Hawaii seem to show non-devastating waves and pullbacks as the tsunami spreads out from its source in Japan, but at “fairly significant numbers,” according to the islands’ tsunami guy. Japan is still reporting a shockingly low death toll from such a significant event; but that toll is expected to rise. In Hawaii, people seem nervous but assured: “I’ve cut my feet on this reef a few times but nothing like this,” said the KHNL newscaster a few minutes ago, looking at the exposed Diamondhead reef, which is now getting some water again. So far they’ve seen surge of about six feet; it’s now expected to top out at 8 or 9 feet. In the 1946 tsunami, waves lasted all day; this is not expected to be as severe, but you’ll see “odd behavior” all day around Hawaii. After 7 a.m., foot-size waves are expected to reach California.

Michelle Malkin:

Keep the people of Japan in your prayers. The earthquake and tsunami that hit the northern part of the country has caused devastating loss of life and destruction. Readers in Hawaii e-mail that they have prepared for coastal flooding as well. Be safe, friends.

Ed Morrissey:

I lived most of my life in Southern California, where natives take a blasé attitude towards most quakes, but a few of them are memorable.  My first day running an alarm center in Southern California was the day of the Northridge quake seventeen years ago, which only hit 6.7 on the Richter scale and killed 33 people, destroyed a freeway overpass, and did major damage.  The Richter scale is logarithmic, which means that an 8.8 quake released more than 1000 times the energy of a 6.7.

Jack Spencer at Heritage:

Reports coming from Japan say the quake caused millions of people to evacuate buildings, and the government ordered people near several of the country’s nuclear power plants to leave. Concerns about a radiation leak at the Fukushima Dai-Ichi No. 1 reactor, one of Japan’s 11 nuclear reactors, led to the precautionary evacuation. The biggest concern is that the electricity shortage at the plant is making it difficult for crews to operate the plant’s reactor cooling system quickly.

It is important to remember that the evacuation efforts are cautionary measures rather than indicative of any certain danger posed by the nuclear reactors. Japan’s nuclear power plants, like our own, are built to withstand earthquakes. Plants are engineered to shut down the moment an earthquake hits. Beyond that, each nuclear power plant is fitted with numerous and layered safety mechanisms to ensure the integrity of the facility.

Indeed, even if all of those systems fail, which has not been the case in Japan based on current information, the physics of light water reactors (the type operated in both Japan and the U.S.) make them inherently safe. The same water used to cool the reactor is also necessary to sustain the nuclear reaction. Should the ability to cool the reactor be lost because of an inability to pump coolant to the core, as is the case with the one Japanese reactor, the nuclear reaction will cease. However, it is much too early to even assume that has happened.

Digby:

I was watching the live coverage of the tsunami in Japan last night and could not believe what I was seeing. It was something out of a movie — a movie that I would have thought was somewhat ridiculous until I saw this surge from the birds eye view. Unbelievable.

I’m sitting here now, six blocks from the beach in California, waiting for the wave to hit the west coast. Luckily it doesn’t appear to be dangerous to us at this point.

The good news is that if the Republicans have their way, when one of these things does hit us in this earthquake zone, we won’t have warning:

Thursday night’s massive earthquake in Japan and the resulting tsunami warnings that have alarmed U.S. coasts, seem likely to ignite a debate over a previously little-discussed subsection of the spending bills currently being debated in Congress.

Tucked into the House Republican continuing resolution are provisions cutting the National Oceanic and Atmospheric Administration, including the National Weather Service, as well as humanitarian and foreign aid.

Presented as part of a larger deficit reduction package, each cut could be pitched as tough-choice, belt-tightening on behalf of the GOP. But advocates for protecting those funds pointed to the crisis in Japan as evidence that without the money, disaster preparedness and relief would suffer.

“These are very closely related,” National Weather Service Employees Organization President Dan Sobien told The Huffington Post with respect to the budget cuts and the tsunami. “The National Weather Service has the responsibility of warning about tsunami’s also. It is true that there is no plan to not fund the tsunami buoys. Everyone knows you just can’t do that. Still if those [House] cuts go through there will be furloughs at both of the tsunami warning centers that protect the whole country and, in fact, the whole world.”

The House full-year continuing resolution, which has not passed the Senate, would indeed make steep cuts to several programs and functions that would serve in a response to natural disasters (not just tsunamis) home and abroad. According to Sobien, the bill cuts $126 million from the budget of the NWS. Since, however, the cuts are being enacted over a six-month period (the length of the continuing resolution) as opposed to over the course of a full year, the effect would be roughly double.

I realize that the productive wealthy can’t be taxed but I hope they’re all thinking ahead and employing their own natural disaster experts or they might suffer right along with the rest of us.

Noah Kristula-Green at FrumForum:

I grew up in Japan from Kindergarten through high school, so when I learned about the earthquake that struck the country this morning, I immediately had flashbacks to the many disaster preparedness drills I had gone through growing up. The images on the television of the aftermath of the earthquake are undoubtedly extreme and the level of damage from this natural disaster is more than any that I can remember from my lifetime. In addition to the news on television, a glance at facebook shows that many of my friends from Japan are scared as well. It seems that many phone lines are not working and I am sure the mobile phone networks are over-saturated as well. I’m also learning interesting pieces of news, apparently the roof of an ice skating rink my friends and I used to go to as a kid has collapsed.

However, only Japan could be hit with an 8.9 scale quake and come out of it with only hundreds dead. Similarly large earthquakes in less prepared countries have killed tens of thousands almost instantly. (A 7.5 earthquake in Bangladesh killed 90,000 people within minutes in 2010).

When it comes to earthquake preparedness, Japan does set the gold standard. In addition to strict building codes, a concerted effort is made to train and drill the entire population. Schools regularly practice evacuation routes, classrooms keep enough helmets in stock for all students, and reminders about where the safest place to be during a quake (under tables or in doorways) are constantly reiterated. I have vivid memories of an earthquake simulation truck that would travel around to educate people about what a large quake would feel like. The truck would be cut open to reveal a diorama of a living room. A series of springs would be activated to shake the diorama at levels up to and beyond the scale of quakes that Japan would normally be hit by.

Just as important as the civil preparedness, the security of Japan’s infrastructure is also a high priority. Its nuclear power plants have managed to be controlled despite initial concerns of a cooling problem.

Earthquakes are also excellent times to remember that Japan’s architects and construction companies are some of the best and most thorough in the world. Web video is already circulating of Japanese skyscrapers swaying dramatically.  This video may look shocking to the uninitiated, but it is actually a very good thing: it is much better for a building to move and sway with the earthquake as opposed to resisting it.

And The Verdict Is… Open!

Eli Lake at The Washington Times:

President Obama on Monday lifted the ban he imposed two years ago on military trials for detainees at the Guantanamo Bay prison, ending his bid to move most terrorism trials to civilian courts and pushing his already busted deadline for shuttering the island prison indefinitely forward.

The reversal came as Defense Secretary Robert M. Gates visited Afghanistan and indicated that he was willing to keep a presence of U.S. forces in the war-torn country beyond the Obama administration’s 2014 pullout goal, highlighting again the difficulty the president has had moving from the policies of President George W. Bush.

Mr. Obama announced the Guantanamo decision in an executive order that also sets forth a periodic review process for detainees who have not been charged or convicted but are still considered threats to the U.S.

White House aides stressed that Mr. Obama remains committed to closing the prison, which he has described as a key recruiting tool for terrorist groups, and pursuing some cases in civilian courts. Mr. Obama vowed during the campaign to close the prison by the end of 2009, his first year in office.

Massimo Calabresi at Swampland at Time:

All of this responds to Obama’s archives speech of May 2009, where he walked back his more progressive January 2009 position but tried to retain a bulwark of detention and prosecution principles for terrorism detainees. Since then, Congress has passed laws blocking the closure of Gitmo by preventing the transfer of detainees by the executive branch. House and Senate Republicans (McKeon and Graham) are expected to introduce bills further blocking detainee access to U.S. courts in the coming week.

On a conference call Monday, Obama senior advisors said the president remains committed to closing Gitmo by diminishing the number of detainees held there. But the moves announced today could have the opposite effect, admits a senior White House official. The Bush and Obama administrations have faced repeated habeas corpus challenges to their detention of alleged terrorists at Gitmo. Last I checked, detainees bringing habeas cases were winning by a 4-to-1 ratio. By increasing due process at Gitmo, the new measures make it more likely judges will defer to the executive branch and rule against detainees claiming they are being held unfairly at Gitmo. One administration official argued that judges would not be affected by the new procedures.

The habeas releases remain the only way that Gitmo’s numbers can decrease these days. The administration is still debating how to comply with the Congressional ban, but as long as it is in place even a detainee who uses his new due process rights to challenge his detention in military commissions and wins will stay in Gitmo forever… or until Congress changes its mind about closing it down.

Amy Davidson at The New Yorker:

Who wins in this? Do we think that “American system of justice” means whatever it is Americans do, as long as some court-like trappings are present? The order acknowledges that the “privilege of the writ of habeas corpus” is available to inmates, but also sets up a routine for holding prisoners indefinitely without charges (what the order calls “the executive branch’s continued, discretionary exercise of existing detention authority”). In statements today, Obama, Attorney General Eric Holder, and Secretary of Defense Robert Gates all mentioned how highly they thought of the federal court system. Gates said,

For years, our federal courts have proven to be a secure and effective means for bringing terrorists to justice. To completely foreclose this option is unwise and unnecessary.

So this order doesn’t “completely foreclose” on the rule of law—is a partial foreclosure supposed to count as a moral stand? Given all the nice things the Administration has to say about the federal court system, one would think that it might find it wise, and even necessary, to actually use it a bit more. Instead, the statements seem more concerned to note that the President is not giving up any options or powers—as if bringing accused murderers to court were a prerogative, rather than an obligation. No doubt, Republicans, and some Democrats, have made it hard for Obama to close Guantánamo. But it might be easier if he wanted to do it; the order today makes it sound like he considers it a somewhat useful place. It is not.

Speaking of questionable detention measures: Can someone in the Administration explain, slowly and clearly, why Bradley Manning, the soldier accused of leaking the WikiLeaks cables, is required to stand naked in front of his cell in the morning and sleep naked, ostensibly for his own protection? The military’s explanations so far—that he could somehow harm himself with underwear (though he is not on suicide watch and is being monitored by video) so he can’t sleep in any, and then there is just no time for him to put underwear on in the morning before they get him out of the cell—are just not plausible. (By coincidence, a case about Americans being strip-searched after being arrested for minor offenses may be coming before the Supreme Court.) A naked man who hasn’t been convicted of a crime—that shouldn’t be what American justice looks like.

Josh Rogin at Foreign Policy

Bryan Preston at PJ Tatler:

Only two years into his presidency, Barack Obama has learned that there are no easy answers to dealing with captured transnational terrorists. It’s easy to create sound bites decrying the evils of holding terrorists at Gitmo, and it’s easy to create sound bites about how awful it is to try them in military tribunals (even though that’s where illegal enemy combatants should rightfully be tried), but it’s very hard to change reality. So bowing to reality, Obama has authorized the re-start of military trials for captured terrorists.

John Yoo at Ricochet:

The Obama administration’s anti-war campaign rhetoric and naive first-year promises continue to collide with reality.  And happily, reality continues to prevail.  The Obama administration has finally admitted, I think, that the Bush administration’s decision to detain al Qaeda operatives and terrorists at Gitmo was sensible.  It wasn’t driven by some bizarre desire to mistreat terrorists, but instead was the best way to address security concerns without keeping them in Afghanistan or inside the United States.

It also turns out that the military commission trials too were a sensible decision.  Civilian trials threaten the revelation of valuable intelligence in a covert war where hostilities are still ongoing. Military commissions allow a fair trial to be held but one that does not blow our wartime advantages.  Meanwhile, the Obama administration’s track record has been poor — it was lucky to get the limited convictions that it has.  Obama folks owe an apology to the Bush administration for their unjust criticism of military trials.

It should also be noted that Obama did not come to this turnabout after reasoned consideration alone.  I think there are significant figures in the administration that would still love to close Gitmo tomorrow and give every terrorist the same exact trials reserved for Americans who commit garden-variety crimes.  Congress dragged the administration kicking and screaming to this destination by cutting off funds for the transfer of any detainees from Gitmo to the U.S.  This effectively used Congress’s sole power of the purse to prevent Obama from making a grievous national security mistake.  The new Congress should continue to keep the ban in its Defense spending bills to prevent Obama from another 180 degree turn.

Adam Serwer at Greg Sargent’s place:

Conservatives committed to burnishing Bush’s legacy were quick to claim vindication, arguing that the decision proved that the detention camp at Gitmo was a good idea all along. But Obama’s decision doesn’t prove this at all.

The administration also released an executive order outlining its new indefinite detention policy. Not much has changed from when I first wrote about it a few months ago — the new procedures formally adopt what Karen Greenberg referred to as “the heart of Bush policy” while making the process marginally fairer by allowing individuals detained indefinitely who have lost their habeas cases to be represented by counsel during periodic reviews every six months.

The president and the secretary of defense also reiterated the importance of trying terrorists in federal courts, but they might as well be shouting into the wind. The ban on funds for transfers of Gitmo detainees to federal court won’t be going away any time soon, but it’s worth remembering that ban actually ensures that fewer terrorists would be brought to justice than would be otherwise. Only six terrorists have ever been convicted in military commissions, compared to hundreds in federal court.

Failing to close Gitmo remains the most visible symbol of the president’s failure to reverse the trajectory of Bush-era national security policy, but the reality, as Glenn Greenwald notes this morning, is that most of the substantive decisions adopting Bush policies were made long ago. The new policies don’t amount to a “reversal” on the issue of whether Gitmo should be closed. Republicans are eager to portray Gitmo staying open as a “vindication” of the prison’s usefulness, but the fact that the indefinite detention order is limited to detainees currently at Gitmo means that the administration won’t be reopening the facility to new detainees, as Bush apologists have suggested doing.

Gitmo isn’t open because the administration doesn’t want to close it, although its efforts in this area are ripe for criticism. It’s still open because Republicans in Congress successfully frightened Democrats in Congress out of giving the administration the necessary funds to close it when they had control of Congress. In the process, they’ve managed to obscure the original reason detainees were brought to Gitmo — to keep them away from the scrutiny of the federal courts. Once the Supreme Court held that federal courts had jurisdiction and even habeas rights, the facility was useless for that purpose. Republicans are determined to keep it open not because we can’t safely imprison terrorists in the U.S., but because they feel its ongoing presence vindicates Bush in the eyes of history.

Glenn Greenwald