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Leaks, Privacy and Journalism

Public discussion of the subpoena of telephone records of Associated Press reporters as part of a leak investigation has been impaired by widespread ignorance or misunderstanding of what is going on with this case, as well as by the political environment in which the issue has surfaced. To begin with, none of us on the outside have any good basis for assessing the importance or potential importance of the phone records to this particular investigation. We don't know what other leads the investigators have, and we don't know the breadth of follow-up implied by whatever leads they do have. We thus have little or no ground as uninformed critics for second-guessing how the FBI is handling the case, in terms of obtaining the records at all or of the extent of the records that were subpoenaed.

The damage of leaks appears to be widely misunderstood, given how swiftly many commentators are brushing aside the issue of damage in the current case. Leaking of classified information significantly harms national security because it is awfully hard to run an effective national security operation if what stays secret and what becomes public is determined by any individual with an ax to grind or a personal agenda to push and enough of a wild streak to break the rules. Some commentary has offered opinion on how much the particular leak that is apparently in question in the current case was or was not damaging, but that is too narrow a perspective. Any leak is a blow to the discipline needed to keep secret information secret.

Why Rand Paul Should Join the Council on Foreign Relations

Sen. Rand Paul has been taking a number of moves to test the waters when it comes to running for the presidency. He garnered headlines in taking on President Obama about drone strikes. He addressed the Heritage Foundation, where he said, "I'm a realist, not a neoconservative nor an isolationist." He recently spoke at the GOP's annual Lincoln Day Dinner in Cedar Rapids. But no step might have more symbolic weight than if he were to apply for membership in the Council on Foreign Relations.

An Ugly Smear of Jeremy Scahill

In the Weekly Standard, Bruce Bawer reviews Jeremy Scahill’s recent book, Dirty Wars, which is about America’s approach to war, counterterrorism and targeted killings over the past decade. Bawer’s review is an ugly piece of work that is awash in evidence-free assertions and attacks on Scahill’s character. He calls Scahill “a radical ideologue out to discredit America and debilitate its defenses,” and closes with this paragraph:

What Scahill has given us here is, in short, an indictment of the West’s entire post-9/11 struggle against jihad. To offer serious criticism of American strategy is, of course, thoroughly legitimate. But Scahill isn’t a patriot who wants to see America triumph. On the contrary, it seems clear that the only thing he would hate more than a mismanaged war on jihad would be a successful one. Indeed, it’s hard to avoid feeling that this book’s definitive goal, like that of Awlaki’s sermons, is to swell the jihadist ranks—anything to bring down the Evil Empire with which Scahill has been at war all his professional life.

Syria? Turkey? Many Americans Still Unsure

Courtesy of Pew Despite the fact that the conflict in Syria has been raging for over two years, many Americans (some of whom undoubtedly want us to intervene there) fail to accurately identify the country when asked.

Today, the Pew Research Center for the People and the Press released the results of a January poll indicating that only 50 percent of respondents were able to identify Syria correctly when shaded on a map. Nearly one in five (19 percent) named the country as Turkey (no word on Erdogan's thoughts on this), and 11 percent thought it was Saudi Arabia. Five percent identified it as Egypt, and 15 very, very sad percent found the question too daunting to answer.

For comparison, about 79 percent of people were able to correctly identify the Twitter logo in a recent Pew survey.

A Worthwhile Redirection in Pakistan

The victor in the recent Pakistani elections, Nawaz Sharif, has indicated he places high priority on improving relations between Pakistan and India. Sharif made some significant strides in promoting detente between the two South Asia powers during a previous stint as prime minister, and he wants to recoup ground that was later lost after the terrorist attack in Mumbai in 2008 by a Pakistani-based group. Wasting no time, Sharif has invited Indian Prime Minister Manmohan Singh to Pakistan to attend Sharif's swearing-in.

This is all to the good, and has received recognition as such in India (although with caution in the case of the right-wing nationalist Bharatiya Janata Party). Americans, however, need to be prepared for how a successful Sharif may bring about some changes in Pakistani-U.S. relations that may not seem so good in Washington. This is suggested by an editorial earlier this week in a major Indian daily, the Hindustan Times. The editorial said that part of what Indians ought to hope for from a new administration in Islamabad is “a government that will understand that cutting dependence on the United States and China is only possible if Pakistan has a modus vivendi with India.” Note the implication that understandably can raise American eyebrows: a looser Pakistani relationship with the United States may accompany a less hostile Pakistani relationship with India.

What Closing Guantánamo Means

Daniel Klaidman’s cover story in the current issue of Newsweek is about the Obama administration and its approach to the prison in Guantánamo Bay. He picks up on President Obama’s comments two weeks ago—in which the president said that the prison “needs to be closed” and that he “was going to go back at” the challenge of closing it—and reports on the administration’s thinking and the obstacles to doing so.

Possibly the biggest piece of news in Klaidman’s story is this:

In the coming days, Obama plans to address both Guantánamo and drones—another festering, controversial element of the administration’s national-security agenda—in a broad “framing” speech that will try to knit together an overarching approach to counterterrorism. In the speech, Obama plans to lay out a legal framework for the administration’s evolving strategies on targeting, detention, and prosecution.

Klaidman tells us that the “interagency wrangling” over the contents of the speech “has apparently taken months,” and that the speech “had been scheduled for last month but was then abruptly rescheduled.” One imagines that the Boston Marathon bombing was the reason why. (Klaidman also reports that in the wake of the bombing, Obama “will also address the evolving threat of self-radicalization and lone wolves.”)

Bret Stephens Misreads Henry Kissinger

There is a curious paradox in criticisms of President Obama from the right. On the one hand it complains that he is vastly expanding the range and reach of government domestically. On the other hand it complains that he is not expanding the range and reach of government enough in foreign affairs.

A good case of the latter impulse comes in a lively recent column by Bret Stephens, a leading neoconservative columnist for the Wall Street Journal and winner of a Pulitzer prize. Stephens raises what he calls the "Kissinger question," which, as he defines it, is whether or not America needs a foreign policy at all, the title of a book that Kissinger published a few months before the September 11, 2001 terrorist attacks. In Stephens' view, America, under Obama, does not. It has what amounts to a series of tactical moves designed to obscure the fact that Obama is, at bottom, uninterested in foreign affairs. Stephens goes on to suggest that this presidential disposition is widely shared. Even Council on Foreign Relations president Richard Haass comes in for a drubbing—he, of all people, Stephens warns, has suggested in a pithy new book that foreign policy, given the battered state of the American economy and the dubious outcomes of wars in Iraq and Afghanistan, should begin at home.

As Stephens sees it,

More Costs of a Pseudo-Scandal

If I were a political adviser to those relentlessly pushing recriminations about the attack last year on the U.S. consulate in Benghazi, I think my advice would be, “Give it a rest.” This pseudo-scandal has become so forced, so contrived, and so blatantly driven by motives other than safeguarding the security of U.S. interests that the unending push has already passed the point where it serves any identifiable objectives, even partisan political ones. The subject, about which a panel of inquiry has completed its work and issued its report, is already tiresome; imagine how much more tiresome it will be to voters by 2016 after three more years of it.

A poll on Benghazi released this week by Public Policy Polling suggests that the agitation on the subject is keeping a Republican base agitated but not making wider inroads on public opinion. One has to ask what good it does Republicans to dwell on something that keeps one segment of the population angry about Barack Obama (and Hillary Clinton) when that segment was already angry about Obama anyway. When asked whom the respondent trusted more on the issue of Benghazi, 49 percent said Hillary Clinton and 39 percent said Congressional Republicans. On other questions asking for an overall favorable or unfavorable rating, Clinton enjoys an eight-point margin over Congressional Republicans, the same margin as in a similar poll in March.

The AP Scandal Shows That the Obama Administration Is Going Rogue

The Obama administration is mired in a fresh scandal of its own making. The revelation that the Justice Department has been snooping into the phone records of Associated Press reporters and editors indicates that the administration's ruthlessness when it comes to trying to protect its reputation and sources knows no bounds. Attorney General Eric Holder, always a poor choice for a cabinet post, should resign. Coupled with the revelation that the IRS has been selectively targeting Tea Party groups and the botched handling of the Benghazi terrorist attack, the administration confronts a second term that appears to be ending even before it has even really begun.

Obama has always prided himself on being squeaky clean when it comes to governing. He campaigned for transparency in government. He said he was against soft money. He said that members of his administration would have to demonstrate the highest ethical standards ever. Well, that was then. He has nominated the tax-dodging billionaire Penny Pritzker, who bankrolled his political ascendancy, to serve as his Commerce secretary. He has hoovered up any and all funds he can attract, infuriating proponents of campaign finance reform. And now his administration, in its mad and obsessive and destructive pursuit to quash any leaks, has besmirched itself by targeting journalists for investigation.

The Red Line of Non-Aggression

Amid much talk lately about “red lines”—to the point that the term would be a strong candidate for cliché of the year—we should reflect on the relative inattention, as Richard Falk points out in a recent commentary, to what used to be one of the most fundamental and important red lines of all. The line in question, which Falk notes the United States once played a leading role in formulating, is “the prohibition of the use of international force by states other than in cases of self-defense against a prior armed attack.”

Falk has been around long enough to rile adversaries on many issues about which he has been outspoken (and I have disagreed with some of his past positions). It was nearly forty years ago that I took a graduate course in international law from him, and he is now in his eighties. But he does speak some uncomfortable truths. Many he has spoken in connection with his current function as the United Nations special rapporteur on human rights in the occupied Palestinian territories. Most recently he incurred irresponsible vitriol, including some from U.S. officials, when he noted—accurately—that U.S. policies have something to do with stimulating the kind of violent extremism exhibited by the Boston Marathon bombers. His observation about disregard for the once-prominent norm against aggression gets to another set of truths.

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May 22, 2013