21 June 2008

Yesterday's Ready for Tomorrow

Very few will take a stab at this, so I will give it a go, and see what Sen. McCain's view on the armed forces were prior to 9/11. We must remember that this was in the heady downtime that Sen. McCain helped by getting a 'peace dividend' of cutting US force size and support, while President Clinton was going on multiple overseas ventures in: Somalia, Bosnia, Croatia, Macedonia, Kosovo, Haiti. This was heavily criticized by many in Congress.

In Somalia the House looked early on at supporting suspending aid to Somalia after the coup by Siad Barre, and his military killing 5,000 innocents (H. Con. Res. 207 starting 03 OCT 1989) which would escalate to any legal assistance for humanitarian aid and protection of UN security guards and relief efforts in a few years (H.Con.Res. 370 08 OCT 1992). By 10 NOV 1993 HR. 3116 on the DoD budget passed by both Houses would state the following

(1) the United States entered into Operation Restore Hope in December of 1992 for the purpose of relieving mass starvation in Somalia;

(2) the original mission in Somalia, to secure the environment for humanitarian relief, had the unanimous support of the Senate, expressed in Senate Joint Resolution 45, passed on February 4, 1993, and was endorsed by the House when it amended S.J. Res. 45 on May 25, 1993;

(3) Operation Restore Hope was being successfully accomplished by United States forces, working with forces of other nations, when it was replaced by the UNOSOM II mission, assumed by the United Nations on May 4, 1993, pursuant to United Nations Resolution 814 of March 26, 1993;

(4) neither the expanded United Nations mission of national reconciliation, nor the broad mission of disarming the clans, nor any other mission not essential to the performance of the humanitarian mission has been endorsed or approved by the Senate;

(5) the expanded mission of the United Nations was, subsequent to an attack upon United Nations forces, diverted into a mission aimed primarily at capturing certain persons, pursuant to United Nations Security Council Resolution 837, of June 6, 1993;

(6) the actions of hostile elements in Mogadishu, and the United Nations mission to subdue those elements, have resulted in open conflict in the city of Mogadishu and the deaths of 29 Americans, at least 159 wounded, and the capture of American personnel;

and (7) during fiscal years 1992 and 1993, the United States incurred expenses in excess of $1,100,000,000 to support operations in Somalia.

Basically, the idea of 'peacekeeping' in Somalia cost $1.1 billion over two years (about $1.65 billion in 2008 dollars, or the equivalent of two years in Iraq), and, by the end of it, was a Presidential venture that wasn't backed by Congress. Things were starting to get out of hand by 1996 as seen in the DoD authorization passed that year in HR 1530, skipping down to Title XIII looking at peacekeeping:

(a) FINDINGS.—Congress finds the following:

(1) The President has made United Nations peace operations a major component of the foreign and security policies of the United States.

(2) The President has committed United States military personnel under United Nations operational control to missions in Haiti, Croatia, and Macedonia that could endanger those personnel.

(3) The President has committed the United States to deploy as many as 25,000 military personnel to Bosnia- Herzegovina as peacekeepers under NATO operational control in the event that the parties to that conflict reach a peace agreement.

(4) Although the President has insisted that he will retain command of United States forces at all times, in the past this has meant administrative control of United States forces only, while operational control has been ceded to United Nations commanders, some of whom were foreign nationals.

(5) The experience of United States forces participating in combined United States-United Nations operations in Somalia, and in combined United Nations-NATO operations in the former Yugoslavia, demonstrate that prerequisites for effective military operations such as unity of command and clarity of mission have not been met by United Nations command and control arrangements.

(6) Despite the many deficiencies in the conduct of United Nations peace operations, there may be unique occasions when it is in the national security interests of the United States to participate in such operations.

(b) POLICY.—It is the sense of Congress that—

(1) the President should consult closely with Congress regarding any United Nations peace operation that could involve United States combat forces and that such consultations should continue throughout the duration of such activities;

(2) the President should consult with Congress before a vote within the United Nations Security Council on any resolution which would authorize, extend, or revise the mandate for any such activity;

And as Bosnia-Herzegovina is brought up, it does get some criticism, too taken 13 DEC 1995 Congressional Record DOCID:cr13de95-74 (the first part of that here):

(Sen. Frist) In the absence of vital national interests, a lack of clear mission has combined with the lack of support of the American people, and we have faced a loss of American life. We have ended these missions without reaching our goals, without achieving any semblance of peace and democracy, and at great cost to the real mission of our Armed Forces: To be ready to defend, with overwhelming force and resolve, the real threats to our life, liberty, and well-being--or those of our allies. Again, Mr. President, we need only look toward our recent experiences in Somalia and Haiti.

In each of these instances, United States and Presidential credibility is offered as a reason such ill-conceived initiatives cannot be opposed. In the case of Bosnia, the Congress and the people are not even given the opportunity to approve or disapprove--but simply to give our approval and comment after the fact. Some argue that this is the President's prerogative under the Constitution, but it is not a shining moment in the life of American democracy. We are asking America's finest men and women to face possible death for a commitment outside of our national interests.

That is Sen. Frist speaking against President Clinton's late night sending of US forces to Bosnia. In Section 8124 of the DoD budget for FY '96 Congress would specifically deny funding to any non-Congressionally approved mission in Bosnia-Herzegovina via the funds transfer mechanism. The problem was, of course, that US involvement in Bosnia only marked a way point in the Balkan Conflict which would flare up again in Kosovo. It is in that atmosphere that Sen. McCain came up with speech on Ready Tomorrow: Defending American interests in the 21st century on 20 MAR 1996. It has a very forward looking cast to it, particularly when looking at it early on:

The potential threats to our national security interests today and in the future are different from those of the cold war; they are less deterrable by traditional means and often less easily defeated. We no longer face a superpower threat from the former Soviet Union, although we must be `prepared to prepare' to defend against an emerging major power threat. We must deal with a wide range of lesser threats throughout the world, including: regional and ethnic conflicts in which the United States could easily become involved; the rise of extremist and radical movements; the proliferation of weapons of mass destruction and the means to deliver them; the increasing capability of individuals and nations to attack us through our dependence on technology, particularly information and communications systems; and finally, both domestic and international terrorism.

Each of these are, indeed, key points in the 21st century and high marks for that. Yet, when it comes time to actually address them, Sen. McCain starts to go into the realm of 'fiscal realities':

In this effort, we cannot ignore the fiscal realities of our debt-ridden Federal Government. Planning for our future military capabilities must be tempered by a realistic view of fiscal constraints on future defense budgets, without allowing those constraints to become the dominant factor in our decisions about future defense requirements. We must be prepared to accept the cost of being a world power. In short, we must focus on the most cost-effective means of maintaining the military capabilities necessary to ensure our future security.

Mr. President, we now face a significant gap between our force plans and the resources available to implement them. By 1995, the defense budget had been cut by more than 35 percent in real, inflation-adjusted dollars in just 10 years. Independent assessments of the cost of the BUR force show that it exceeds the funding levels dedicated by the current administration in the Future Years Defense Program [FYDP] by $150 billion to $500 billion.

One of the 'fiscal realities' is that the federal government had already bitten off far more than it could chew in Social Security, Medicaid, subsidies to big business, and, indeed, a raft of social and economic programs that expanded government quickly and beyond the means to pay for them. Those 'fiscal realities' were budget busters then and *now*, and will slowly eat up most of the consumable budget within two decades. Before that point in time the US Federal Government will not have money to spend on much of anything outside of those programs without extreme and draconian taxation and interference in the economy.

This is the problem with old-style 'fiscally responsible' Republicans who believe that when government takes on any new responsibility not given to it by the Constitution, that the government should never, ever give it back. This is the view that government must slowly, inevitably, take over anything that is given to it forevermore, and the first place it shows up in a representative democracy is *not* those things devoted to 'government services' or 'entitlements', which garner votes, but to the basic area of defending the Nation: defense.

A bit further on Sen. McCain comes to this point:

Over the past 5 years, we have reduced our military manpower levels by more than half a million people. After a dangerous trend 3 or 4 years ago of declining military readiness, there is now broad agreement that we have restored current levels of operational activity and readiness of the smaller BUR force. However, we have done so by foregoing the modernization programs required to ensure the effectiveness of that small force.
The Chairman of the Joint Chiefs of Staff has repeatedly warned that procurement accounts are seriously underfunded, and the Vice Chairman has said we face a `crisis' in weapons procurement.

[..]

Because of the modernization crisis, the Chairman of the Joint Chiefs has set a procurement funding goal of $60 billion per year. However, the President's fiscal year 1997 defense budget includes only $39 billion for procurement--nearly $5 billion less for procurement than was projected in the previous year's budget and far short of the Chairman's target. The administration now projects the $60 billion procurement funding goal will not be reached until the year 2001--3 years beyond the Chairman's target.

Mr. President, there is a dangerous long-term impact of postponing essential force modernization programs. America's future military readiness hinges on our ability to retain technological superiority over any potential adversaries. We have already seen some reduction in United States capabilities to fight in a single contingency such as the Persian Gulf. The continuing failure to invest wisely in military modernization programs has put our future readiness at risk.

This part would, unfortunately, come to bite the US far faster than Sen. McCain or anyone in the 1990's could have believed possible. I examined this in the realm of specialized warfare, but it would spread far beyond that in just a few, short years after Sen. McCain gave this speech. Those readiness levels would decline, as seen at the DNI site with a report by a Senate staffer in 1997 after visiting the NTC and JRTC, two major training centers for the armed forces:

Army-wide Shortages in Key Personnel

Despite high operating tempos and work loads, both OPFORs at the NTC and JRTC were described as fully manned, enjoying high esprit de corps, and having retention rates at least as good as the rest of the Army, if not better. For the units rotating into the NTC and JRTC—i.e. the Army's combat units; that is to say, the heart and sole of the Army—there is a very different story. I was told the following:

Units coming to both training centers frequently do not come with many of their sub-unit commanders; these have frequently been assigned to peacekeeping missions or other deployments that separate them from their units. As a result, sub-units—from basic squads on up—do not train with the commanders that they would go to war with. When this happens, it violates a key dictum of readiness and one of the basic points of having the NTC and the JRTC: the Army should “train just as you go to war.”

At the NTC, units rotating in typically come with a 60% shortage in mechanics and a 50% shortage in “mounted” mechanized infantry (in their Bradley APCs). These were described as “Army-wide” shortages: they were demonstrated by virtually all the units coming to the NTC. These shortages were described as due to these personnel, especially the mechanics, being deployed abroad for missions such as Bosnia. On average, all Army personnel now spend from 180 to 220 days of each year away from their home base, and families, on deployments. This average used to be about 165 days per year. According to Army testimony to Congress, the increase in these deployments is for peacekeeping missions.

At the JRTC, units were described as typically missing 25% of their basic infantry: mostly junior enlisted personnel with combat military specialties and mid grade non-commissioned officer (NCO) personnel. This was described as a recruiting problem and specifically not because of deployments such as Bosnia.

In actuality, these problems may be worse than indicated here. I was told at the NTC that the NCO shortages are often temporarily addressed by pulling junior NCOs into the unfilled senior and mid level slots to make more complete units for training purposes. At the JRTC, because one third of each brigade's junior enlisted and NCO personnel do not deploy for a rotation, it is possible that gaps in the units that do deploy are filled with those that would otherwise stay home. I was told this is not occurring; however, I am skeptical that it never happens.

The worrying part of this is that the multiple 'peacekeeping' missions of President Clinton, even before adding in Kosovo, had started to strip out readiness from the US Army across the board. What Sen. McCain was seeing was not there and the warnings by the JCS would come home to roost very, very quickly. This was bad enough, at the time, but would get worse with the diversion of Kosovo, and by NOV 1999 the US Army would have to announce that two entire Divisions, 10MD and 1ID, had fallen to the lowest levels seen since Vietnam. The impact would not be long-term, but would side-line the 10th Mountain Division until late 2001 and it would not be the spearhead into the one mountainous region that did contain an enemy that would attack the United States: Osama bin Laden operating out of Afghanistan. Any Mountain or Alpine Division is a specialized and premier fighting force, maintaining levels of training and morale far and above normal forces, as they will fight in areas where 60 or 70 degree shifts in temps in a couple of hours are not unknown, and where altitude sickness can kill you as assuredly as a bullet can. Those choices made by Congress in the early 1990's to get a 'peace dividend' and then to not support the armed forces properly through the early Clinton years were already showing up.

By the year 2000 another investigation would look at what had happened to the 10MD in particular:

Summary Findings and Conclusions

The character, enthusiasm, and professionalism of the officers, non-commissioned officers (NCOs), and enlisted men and women in the 10th Mountain Division is impressive. The 10th Mountain Division is officially rated by the Army at a level that lends support to General Shelton and the other respondents to candidate Bush's assertion of non-readiness. Strenuous efforts of the 10th Division's personnel are manifest to make it as effective a combat unit as resources permit. Various unit commanders expressed a willingness and readiness to take on and perform effectively any mission assigned, as has been the case in the past.

However, beneath the favorable overall readiness rating and an understandable - and professional - expression of confidence by various commanders, and despite all the hard efforts of the officers, NCOs, and enlisted personnel, the 10th Mountain is today experiencing multiple, serious shortages of people and material resources, training deficiencies, and other impediments to readiness, a large number of them resulting from policies imposed by Washington.

The issues include the following:

Incomplete manning in many combat and support units, sometimes to the extent that important secondary - if not primary - missions cannot be performed and/or primary mission performance is degraded. Moreover, because of Army force structure decisions, what is normally one-third of a US Army division's combat strength (an entire ground maneuver brigade) does not exist in the 10th Mountain Division.

Gaps in the leadership of the Division throughout its hierarchy, such that enlisted personnel are frequently doing the work of sergeants, lieutenants are doing the work of captains, captains of majors, and so on. Also, in cases where a position is occupied by an individual of appropriate rank, that individual may be less experienced than in the past or than experienced personnel - in and out of the 10th Division - deemed sufficient.

Training deficiencies that include less satisfactorily trained personnel received from Army training or personnel trained on equipment not assigned to the division, and incomplete opportunities to overcome these training inadequacies.

Non-availability of various equipment , training ammunition shortages, and funding shortfalls for facilities.

Various policy directives and allocation of resources from Washington (i.e.: from the civilian and military leadership of the military services and the Department of Defense and from Congress) that either impede readiness or that are ineffectual at addressing known deficiencies.

A lack of inquiry by various entities to collect on-the-ground, empirical information on the condition of the 10th Mountain to establish what basis candidate Bush may have had for his statements and/or to verify the statements of General Shelton, Secretary of Defense Cohen, Vice President Gore, and others.

From these findings and the data presented below, it is concluded that,
As stated by a 10th Mountain soldier at Fort Drum "There are two different armies; the one described in Washington, and the one that exists." And, from another, "There is a mind-boggling difference between the division that Washington DC describes and what exists in 10th Mountain." And from still another, "The [Division] only looks good on paper."

Sen. McCain would address the problems of trying to fight two Major Regional Conflicts (say Iraq and North Korea) simultaneously and propose something different:

In conducting a reassessment of our future force requirements, we should focus on a flexible contingency strategy supported by an affordable, flexible force. Our force planning should provide, at a minimum, sufficient levels to decisively prevail in a single, generic MRC. At the same time, we must recognize the existence of many lesser threats and maintain the capability to inflict unacceptable damage on an adversary should one or more of these threats materialize.

This more realistic approach to future force planning will eliminate the gap between our current strategy and fiscal reality. While planning for a flexible force with the ability of fighting a single MRC, possibly together with one or more lesser threats, may necessitate the acceptance of some additional risk in certain areas, it is far better than to plan for forces and capabilities that will never materialize within the limits of likely future defense budgets.

Considering that Congress and the President couldn't even plan for the forces they *had*, a fiscally responsible view might have looked like: don't send troops where Congress won't support them, pay attention to overhead & maintenance, ensure training, and ensure rotation of troops.

You know, the basics?

The things which weren't being done before, during and after Sen. McCain's speech?

The viewpoint isn't half bad, really, but as economics is not a 'strong suit' for Sen. McCain, perhaps he should have looked, instead, to the *rest* of government for 'fiscal responsibility'?

Now, from another realm, I will offer a bit of viewpoint: specialized forces are generally cheaper to keep, but less adaptable, and adaptable forces are more broadly useful but require larger cash outlays.

Why is this?

First, specialized forces can keep their eye on the few things they need to do well and then accept the need to rely on other forces in combat (this is also true of many production based environments). By making forces 'more adaptable' you then up the amount of training required to get that adaptability and the overhead & maintenance of that force to keep that adaptability going. So, when you want 'an affordable, flexible force' you are generally looking at a much smaller force size, overall, if your budget is set. Even in the era of Moore's law, most equipment does not come that adaptable across a variety of environments, from triple canopy tropical to high elevation sub-arctic. To train across those requires more time and energy, and a longer lead-time for those forces. And while putting more capability in via internal force structure is an excellent idea, as seen with the Stryker units now operating in a realm never imagined for them, the time, cost and training to get those up and running is long.

In theory you should be able to cut costs by utilizing Moore's law, but by integrating more into the system you add more to the cost of the equipment via that integration. It *can* be done, don't expect it to be cheaper, however.

Here is where the problems come from, a bit further on in Sen. McCain's speech:

Naval vessels should be self-sustaining and have significant offensive capability while providing for their own defense. Automation of weapon systems and support equipment aboard these vessels should be pursued to minimize the number of personnel required to produce an efficient, lethal fighting platform.

Sen. McCain had already experienced the 'ballooning cost' problem of weapon systems through the 1980's and early 1990's, with some never getting out of development as the projected delivery costs were skyrocketing. And the US Navy has it the worse as a ship is already a highly integrated system: when you add more complexity to it, the costs go up very, very quickly. At the National Defense site, a 2007 article on the cost of the Littoral Combat Ship and its escalating costs lets us take a look at a what a lower personnel, highly integrated ship actually costs:

A combination of escalating costs and uncertain procurement plans have raised questions about the Navy’s ability to keep the LCS afloat, analysts warn.

“It’s clear that Congress is really worried about this program,” says Robert Work, senior naval analyst for the Center for Strategic and Budgetary Assessments.

[..]

The littoral combat ship is the Navy’s new surface combatant for operations in shallow, coastal waters. There are two designs under construction, one by Lockheed Martin Corp. and the other by General Dynamics.

Touted as an inexpensive warship, the LCS originally had been advertised at $220 million per hull. The Navy intends to buy 55 of them in an effort to build its fleet to 313 ships from 277. But in recent months the price tag has more than doubled, setting off alarms among lawmakers.

Navy officials requested $910 million for three ships in the 2008 defense budget. But after significant cost overruns materialized in January on the first-of-class ship, Secretary of the Navy Donald Winter amended the request, asking for two ships instead of three.

Congressional leaders have voiced their concern over the price increases in their defense spending deliberations.

In the House, lawmakers passed a bill that gives the Navy $710.5 million for two LCSs. The Senate’s committee on armed services took a more drastic measure, cutting the Navy’s budget request by almost half in its recommendation of $480 million for one LCS.

[..]

The Navy lacks a warship that can operate effectively in coastal waters. To fill the gap, the LCS was conceived in a few short years to fight in the near-shore environment in anti-submarine, anti-mine and anti-terrorism warfare.

In an effort to expedite the ship to the fleet, the Navy set the LCS on an aggressive construction schedule that has contributed to the cost overrun problems on both lead ships.

The Navy has since proposed to restructure the LCS program to keep the ship on track and within budget. But analysts say it could be difficult to veer the ship back on course because the program is already three ships behind.

This is *exactly* the type of vessel that Sen. McCain touted in 1996: a modular, low crew, modern vessel that didn't cost all that much. Instead, by trying to add in *more* to the ship, the cost has risen from $220 million per hull to $480 million per hull, with only ONE delivered so far. This problem is not limited to the LCS, however, as the Navy also has a problem with a Destroyer replacement, as seen a Strategypage on 25 APR 2007:

Meanwhile, the modern destroyers have grown to the size of World War II cruisers. Actually, some of the larger destroyers are called cruisers, even though they are only 10-20 percent bigger than the largest destroyers. The latest ships in the U.S. Navy's Burke class destroyers weigh 9,200 tons, cost $1.5 billion each to build, have a crew of about 330 sailors, carry 96 (a combination of antiaircraft and cruise) missiles. There's only one 5 inch gun, but two helicopters. These modern destroyers could take on any World War II cruiser and win, mainly because the cruise missiles have a range of 1,500 kilometers. A Burke class ship could probably defeat a World War II battleship, although we'll never know for sure since one of those heavily armored ships never got hit by a modern cruise missile. In effect, the U.S. Navy has settled on just three major combat ship types; aircraft carriers, destroyers and nuclear submarines.

[..]

The problems is that these new "destroyers" will be very large ships, and will cost over $2 billion each. At the same time, the new LCS (Littoral Combat Ship) is sort of replacing the Oliver Hazard Perry-class frigates. The Perrys are 4,100 ton ships that would cost about $200 million to build today. The big difference between the frigates and LCS is the greater use of automation in the LCS (reducing crew size to 75, versus 170 in the frigates) and larger engines (giving the LCS a speed of about 90 kilometers an hour, versus 50 for the frigates.) The LCS also has a large "cargo hold" designed to hold different "mission packages" of equipment and weapons. The Littoral Combat Ship is, simultaneously, revolutionary, and a throwback. The final LCS design is to displace about 3,000 tons, with a full load draft of under ten feet, permitting access to very shallow coastal waters, as well as rivers. This is where most naval operations have taken place in the past generation.

Max range is 2,700 kilometers. Built using commercial "smartship" technologies, which greatly reduce personnel requirements, the LCS is expected to require a crew of about 50 in basic configuration, but will have accommodations for about 75 personnel. The ship is designed for a variety of interchangeable modules, which will allow the ships to be quickly reconfigured for various specialized missions. Crews will also be modularized, so that specialized teams can be swapped in to operate specific modules.

And this year at Strategypage, the recent numbers look *worse*:

February 16, 2008: A year ago, the U.S. Navy admitted it was having problems with its Littoral Combat Ship (LCS) program, and fired the naval officer (a captain), who was the program manager. These ships were originally touted as costing $220 million each, plus perhaps a $100 million more for the "mission packages" that would be installed as needed. Currently, the ships alone are expected to cost about $640 million, and the program is still in trouble.

In general, the navy is not happy with the performance of American ship builders, and the LCS problems are just another reminder. Costs are rising sharply, quality is down and the admirals can't get satisfactory answers from the manufacturers. For example, the new class of destroyers, the DDG-1000 class destroyers have also faced ballooning costs, up to as much as $3 billion per ship, as opposed to planned costs of $800 million. The current Arleigh Burke-class destroyers only cost $1 billion each.

That cost is going up much faster than inflation, and trying to meet up with the expansion of programs like Social Security... going up nearly 300% in cost in less than a decade, the LCS is in real trouble, and the mission packages are *still* not fully priced out. At the Open Congressional Reports site on CDT they have a summary of the cost of the next generation aircraft carrier:

The Administration's proposed FY2003 defense budget requests $243.7 million in advanced procurement funding for CVNX-1, an aircraft carrier that the Navy plans to procure in FY2007. The FY2003 budget request includes additional research and development funding for the ship. The Navy plans to gradually evolve the design of its aircraft carriers by introducing new technologies into CVN-77 (an aircraft carrier procured in FY2001), CVNX-1, and CVNX-2 (a carrier planned for procurement around FY2011). The Navy estimates that CVNX-1 will cost $2.54 billion to develop and $7.48 billion to procure, bringing its total acquisition (development plus procurement) cost to $10.02 billion. The Navy estimates that CVNX-2 will cost $1.29 billion to develop and $7.49 billion to procure, for a total acquisition cost of $8.78 billion. A Defense Science Board task force is currently assessing how aircraft carriers should serve the nation's needs in the 21st century; it is to report its findings by the end of March 2002. This report will be updated as events warrant.

In theory that is how it should go, if the design can be relatively well set-up before procurement begins and *nothing* gets changed as it goes along. That, however, may turn out to be just the problem with the CVNX program, as seen at Globalsecurity:

The Navy concurred with the March 2007 GAO assessment, but emphasized that a lengthy construction period provided additional time to mature technologies. The Navy noted that technology readiness was closely managed through proven design processes, risk assessments, site visits, and contracting methods to ensure adequate maturity. Specific attention was given to requirements, legacy system availability, technology readiness, affordability, schedule, and return on investment. In addition, initial construction efforts aimed at validating new designs, tooling, and construction processes were already under way.

In the report the Navy also stressed that the decision to delay the program in 2006 had not been related to technology maturity, weight, or stability issues.

By a March 2008 GAO assessment, five of 15 current critical technologies were fully mature, including the nuclear propulsion and electric plant. Six technologies were expected to approach maturity, while four others would remain at lower maturity by construction contract award. Since 2007, the Navy had eliminated an armor protection system from CVN 78, but was evaluating use on follow-on ships, and the air conditioning plant and automated weapons information system were no longer considered developmental. Of CVN 21's technologies, the electromagnetic aircraft launch system (EMALS), the advanced arresting gear, and the dual band radar (composed of the volume search and multifunction radars) present the greatest risk to the ship's cost and schedule. By January 2008, 76 percent of the design was complete. Challenges in technology development had the potential to lead to delays in maintaining the design schedule needed for construction.

And that is what happened to the LCS, DDX, and, now, apparently CVNX, although how much leeway in building and design there is on something like and aircraft carrier will be interesting to follow. Again, this next generation CV platform will be more 'multi-mission' in its outlook - but that design integration comes at a price, which is nearly double that of the current Nimitz class carriers. The longer-term lifetime cost is supposed to help, but that has yet to be demonstrated.

This is not a new problem as many of these articles point to previous cost over-runs during the 1970's and 1980's with DoD procurements that underwent similar cost inflationary moves. When any change to procurement via changes in technology, changes in procurement length (trying to stretch out a procurement to lower the per year cost) or in plain numbers to be procured happens, each of those brings the cost per each item on an upward escalating cycle. Any change to the contract allows the contractor to then give the cost of those changes to the government. Whenever you want a deviation from the contract, no matter how trivial, the cost moves up. This was true of the B-1, B-2, Stealth Bomber, and current stealth fighter aircraft, along with ground-based systems such as the Paladin artillery replacement which skyrocketed in cost due to constantly changing government requirements until that follow-on was canceled. Stepping over the interim technology, by the incoming Bush Administration, was an attempt to get rid of those programs which were put in during the 1990's and then changed, extended, or shortened due to the end of the Cold War.

This is seen in the section on the Air Force which is highly forward looking, but ignored development time for weapons systems:

Air power: Air power that can be quickly deployed and engage the enemy with devastating effect is a critical element of any future force structure. Our air assets must be maintained at the forefront of technology in order to pose a viable threat to our enemies.

Our tactical aircraft must have the capability to deliver precision weapons on enemy targets. Multimission platforms and maximum firepower per platform should be absolute requirements, as the cost of aircraft continues to climb at an enormous rate. Precision-guided stand-off weapons, such as cruise missiles, will increasingly become the weapon of choice for their ability to attack enemy targets without endangering air crews and expensive platforms.

Procurement of self-protection equipment is both necessary and cost-effective. Every effort should be made to build upon existing electronic and other countermeasures, including expendables.

At the same time, we should explore opportunities to increase the use of remotely piloted vehicles [RPVs] and unmanned aerial vehicles [UAVs]. Both RPVs and UAVs offer great potential to provide a cheaper, more effective means of gathering information and delivering ordnance, while minimizing risk to our air crews.

We must act now to resolve the issue of strategic versus tactical bombers. We must maintain a viable offensive capability at an affordable cost. Therefore, we must carefully consider cost versus capabilities in assessing the effectiveness of our strategic and tactical bombers in a conventional role. Current information supports a decision to cap the B-2 bomber program at its present fleet size and give higher priority to precision-guided munitions and improved tactical fighter/bomber forces.

This causes some problems as the strategic/tactical accords of the post-WWII Key West Agreement were never examined. Yet it is here that Congress, in its procurement and regulation role of the Armed Forces, should have weighed in and heavily. Changes in what will be procured by Congress inevitably changes force structure, readiness and capability which are to be guided by military needs as seen by the armed forces, but leavened by the National needs of the US against foes or possible likely foes in the future. That is part and parcel of the Congressional procurement system: addressing the overall needs of the Nation, not just the armed forces.

Here Sen. McCain makes a major blunder in his conception of wanting a 'multimission' platform and yet have 'maximum firepower per platform': that is one very expensive aircraft even in thinking about it. When added to the view of wanting to separate the strategic/tactical situation, what this calls for is a platform that can either be a maximum air firepower or maximum ground (Combat Air Support or CAS) firepower or multimission with reduced capability in each of those roles. Which does Sen. McCain want?

The CAS role was then and TODAY filled by the A-10, which was procured in the 1970's... you can't get more in the way of maximal, flexible, on-demand, firepower than an A-10, really. We could use more of them and hand that role over to the ground forces... but that is Key West, again.

A maximal firepower air supremacy platform was then filled by the F-14 and would be filled by the F-22/35 Stealth Fighter... and find a world of few air opponents in the Stealth realm and they are too expensive to deploy into CAS roles. So you have a highly flexible platform for air supremacy that can't be deployed because cheaper, non-stealth systems do a great job once there is no air combat around. And the time to repair/refit a stealth system is enormous, and so the trend towards Hangar Queens of the 1970's, of aircraft spending as much time in maintenance as they did in the air, continued to shift to the maintenance side.

There there is strategic/tactical bombing, which, today, sees the B-52 delivering precision guided munitions because *it* has long loiter time and is multimission. And paid for. The joke that has gone around is that we now need a B-767 for even longer loitering of more, yet smaller, precision guided munitions. The B-2 and B-1 have both played roles in Afghanistan and Iraq, but the old workhorse because it can carry so much and so efficiently with lower cost and time in the hangar is the B-52.

Sen. McCain was forward looking in the UAV/UCAV arena, but no one expected them before 2010. Plus Key West shows up *again* in the USAF wanting control of these while the ground forces want quickly deployable INTEL assets. Here it is conflict that drove the necessity of having such platforms more than strategic guidance by Congress. Having them developed and being able to deploy a few showed their utility and delivered a crying need for tactical and theater level INTEL that just could not be had from the strategic/space based platforms. This coupled with the PGM concept are both stand-outs for Sen. McCain while the inability to address the problems of strategic/tactical systems and understand that a 'maximal firepower' platform could be robust and *cheap* without being multimission, while a multimission one, by having to address so many mission types, made it liable to higher per unit cost. Apparently we are now coming down to the need for a generic, long loiter 'bomb delivery platform', CAS, air supremacy stealth fighters and bombers plus mixed mode/multimission UAV/UCAV platforms.

On to the ground forces as seen by Sen. McCain:

Ground forces: As our overseas basing continues to decline, we must reassess our requirement for large ground-based forces. This will require greater emphasis on allied capabilities for ground combat missions. U.S. ground forces must be readily deployable, requiring a reassessment of the balance between heavy and light forces. Greater emphasis and reliance on smaller, lighter, and more automated systems may be appropriate.

We need to retailor both our active and reserve forces to concentrate our resources on forces we can rapidly deploy or move forward within a few months. We do not need units, bases, reserves, or large stocks of equipment that we cannot project outside the United States without a year or more of mobilization time.

Information technology will continue to revolutionize the battlefield, giving ground commanders unprecedented levels of situational awareness on the battlefield. We must ensure that resources are dedicated to providing these essential technological enhancements.

Our ground forces must be properly equipped to maintain superior offensive and defense capabilities. Increased night warfighting capabilities, increased survivability of tanks and heavy artillery, and improvements in antiarmor defenses are particularly important. Increased capability to detect, defend, and survive in a biological or chemical warfare environment is absolutely essential.

This is, actually, quite good, with Congress to assert its role in restructuring the armed forces. That, like the procurement end, is the Congressional role in regulation of the armed forces, so this is looking at the proper role of Congress in this context. The reducing in the bases and stockpiles, however, does ignore one salient problem: actually supplying troops in the field.

While DLA (Defense Logistics Agency) was undergoing a revolution using IT, with Fedex and UPS as guidance, what is required is that when Congress actually authorizes the use of the armed forces overseas it *must* have stockpiles of consumables *ready* beforehand. While the armed forces and logistics delivery end, the actual production end is ignored in this view. To get quickly ramped up production of necessary goods Congress must ensure that enough contract support and 'emergency production contracts' are laid out within the US industrial base. This was not done in the 1990's and so by the time we get to Iraq, the list of things that were 'out of stock', as in not produced, started to mount: bullets, batteries, body armor, actual rifles/carbines/pistols, HMMVs, HMMV armor, dust protection equipment.

If you want a highly deployable, small and flexible force one must supply the depth to *have* such a force. Even without new weapons, like the Barrett M-107/82, or the problematic integrated weapons platform like the OICW, just having enough M-16's and M-4's around with ammunition was proving to be a problem, along with HMMVs, first introduced in the 1980's. By not doing its job to ensure industrial capacity, Congress would seek to get lighter, smaller, flexible armed forces that are forced to trade weapons to those rotating in as they don't have enough equipment. Congress would not do this in the 1990's, even with a Republican majority, and so when the time for going back into Iraq to finish the job rolled around... you know, one of those 'known conflicts' that we had studied for a decade... we did not have the necessary supplies to ensure that the armed forces had what they needed. Of course we got Congresscritters standing up to decry the supply problems, which they had caused.

Finally that 'emphasis on allied capabilities' would be placing reliance on the only Nations cutting their defense budgets faster than the US: our overseas allies who had come to depend on us for their security.

I will skip over the sections on Special Forces, heavy lift and missile defense, save to point out that defense of space based assets, like INTEL and communications satellites, is not addressed. Those are key to strategic weapons and are assets in maintaining an advantage over future opponents.

From here Sen. McCain would then address a Three Tier Readiness system for the armed forces:

Tier I--Forward-Deployed and Crisis Response Forces: In peacetime, our forward-deployed military forces support our diplomacy and our commitments to our allies. Our forward military presence takes the form of fixed air and ground bases that are home to U.S. forces overseas, and our forward-deployed carriers, surface combatants, and amphibious forces. Some special operations forces are also forward-deployed, both at sea and ashore. Reserves become part of the equation through our military exercise programs.

[..]

Tier II--Force Buildup: History shows that crises can usually be resolved or contained by the deployment of only a small portion of our military capability. In the past 50 years, the United States has responded militarily to crises throughout the world over 300 times, but we have deployed follow-on forces in anticipation of a major regional conflict only 5 times. These include the forward deployment of United States troops in Europe at the onset of the cold war; the deployment of forces to Korea in 1950; the deployment of forces in response to the Cuban missile crisis in 1962; deployment to Vietnam in the 1960's; and deployment to Southwest Asia in 1990.

[..]

Tier III--Conflict Resolution: In only three of the cases mentioned above--Korea, Vietnam, and Southwest Asia--were we engaged in sustained conflict, requiring a large-scale deployment of United States forces.

Forces that seldom deploy must be maintained and available to ensure that we have the force superiority to prevail in any conflict. Conflict resolution forces include those that deploy late in the conflict because of limited airlift or sealift, and the finite capacity of the theater to absorb arriving forces. Also included are the later-arriving heavy ground forces, naval forces that have not already deployed, and air forces that become supportable as airfields and support capability in theater expands.

The reason he looks at this is that Congress has been unwilling to foot the bill to have forces at high degrees of readiness across the board. Yes, this is institutionalizing a problem created by Congress.

The highest readiness forces are Tier I, in this schema, which would consist of those forward deployed, which would be about 1/3 of PACOM, most of CENTCOM and a lesser percentage of EUCOM and SOUTHCOM. Or roughly 1/3 of the armed forces would be maintained at this state of readiness.

Tier II is to be ready in 'weeks rather than days', and have significantly lower readiness coming from CONUS. This is basically the majority of active forces plus that section of the National Guard and Reserves maintained with equivalent equipment, although fall to a somewhat lesser status due to their less than full time activity level. They are follow-on only after initial activity by Tier I forces.

Tier III are the 'peace keepers' and those backing places such as S. Korea, Philippines, and doing joint counter-narcotics and COIN work overseas. These are to be deployed 6 months or more after a conflict starts overseas.

Strangely Sen. McCain then adds this proviso:

Finally, we must reexamine the practice of maintaining combat units for which there is either no identified requirement under our national military strategy, or which cannot be deployed to a theater of operations until after a time certain following the outbreak of a conflict--perhaps 9 months to a year. We should not be spending scarce defense funds on combat forces which do not significantly enhance our national security.

Which is what happened: we did not spend money on forces designed to enhance our national security. We did spend *lots* of money on bi-athlon tracks in Alaska, all sorts of 'bullet proof vests' for police officers, and ignore those units deployed in the field for long periods of time like the 10 MD and 1 ID. When it finally came to Afghanistan, the 10 MD was not 'ready to roll' and it IS a national security asset being able to quickly deploy to parts of the planet that normal forces can't train for easily, which would mean that by the time things were having to be tracked down we were at Tora Bora. No one expected things to go that quickly in the 'graveyard of empires' with the 'brutal Afghan winter' bearing down.

Then there is Iraq.

For all the supply problems, deficiencies, political oversights and just pure blindness towards conditions, when Sen. McCain got up in 2003 to say we needed COIN against Ba'athists when it was al Qaeda doing the worst damage in different areas than he wanted to have COIN, and our troops were not TRAINED for it, I have a severe problem and heartburn. That is a critical national asset called: training and readiness for that role. If you want a force to hit the ground able to do COIN you need at least a year of preparing for it, if not more. How do we know this? Look at the period from 2004-mid 2006. That is how long it took the basics of COIN to start deploying *before* Gen. Petraeus got there. His manual was just being finished, draft copies sent out to the armed forces and training was starting to adapt *then* before he got the thing published. What had happened during the 1990's is that SOCOM and some of the higher status units in the regular forces got such training, but they were limited by force understanding to get their jobs rolling. Even then some of those did outstanding and unheralded work in Anbar province, which would prove key in turning Iraq around.

Like with equipment, if you want well trained, multimission soldiers, you must expend more per soldier and keep a higher level of capability with those soldiers so that they can perform those missions. By not seeking to address the actual, real problems of the 1990's and, instead, institutionalize them, Sen. McCain was ensuring that our logistics supply train would fail at *production* not delivery and that the cost per unit for 'multimission' ships and aircraft would skyrocket because of the complexities involved in their design and construction. And by frequently changing role and mission, that would change design specifications and increase the per unit cost of every piece delivered.

Finally, the need for faster, lighter and better prepared troops is necessary up and down the line. You cannot tier readiness unless you want forces with training and no equipment or equipment and no training. Training is very, very costly and yet it IS the national asset we put back into the armed forces. By keeping the talent, training it, challenging it to keep up with a changing world, the US invests heavily in its own protection. Those decreasing outlays by Congress starting in the mid-1980's and going through the 1990's yielded results that could be expected: uneven at best, difficult to transition and maintain at worse. Those problems in Iraq and Afghanistan did not start with the Bush Administration of 2000, but date back through the Clinton, Bush 41 and late Reagan Administrations with a bi-partisan Congress more than ready to ignore its job and duty to the Nation and cut back on force size, readiness, supplies and backing.

We saved much money during those years.

And we have no right to complain in the cost in dollars and blood for our misguided outlooks then.

We got what we wanted via our elected Representatives.

And what we deserved.

17 June 2008

The Fall of the Prince of Marbella

I damn well hope its his fall, anyway... prefer to see him locked up at Gitmo, but he has played his cards rather well throughout life and I expect him to do the same now.

Who the hell am I talking about?

Why, my favorite individual to point to about the connectivity of transnational terrorism, international organized crime and money laundering: Monzer al-Kassar.

Ok, my background articles contain the details, so you get a listing of those, now:

  1. A dot to connect dots with: Monzer al-Kassar
  2. More on dots heading outwards with Monzer al-Kassar
  3. Monzer al-Kassar and Transnational Terrorism
  4. A dot listing for those in need of reference
  5. At least they weren't professional terrorists
  6. Internetworking and the role it plays
  7. But making it legal was supposed to solve it!
  8. It is Four Degrees of Monzer al-Kassar time!
  9. The killers ask for a better chance to kill
  10. An easy terror incident to pin on... astoundingly *not* Monzer al-Kassar!
  11. What don't you know, and why won't they tell you?
  12. Red Mafia and its connectivity - The Brainy Don of Marbella
  13. And now the view on the other side - Yeah, I gots problems with R and D folks in power
  14. Of Clinton and Kosovo
  15. Syria's credible threats - Syria threatening the US and Spain, did it go too far?
  16. Ending Mugniyah and missing the point
  17. After the fall of Trans World Commodities and its fallout
  18. The Pattern of Pursuit
  19. The madness in my method
  20. Same old hope and change
  21. From FARC to Venezuela to...
  22. The FARC Contacts

Yeah, a couple of articles either directly or tangentially about one man, Monzer al-Kassar. Who is he, then? That one is hard to define, as he has been involved in so much over the decades that no single phrase describes it. Take his background, as a reliable source or two points out, his family has been involved in the Bekaa valley drug trade since the late 1950's, at minimum. While not necessarily the 'movers and shakers' of it, their support has been necessary to the Assad family having a steady source of income for Syria. That trade, only in the few billions of dollars at source, has allowed Syria to take the 'middleman's cut' and parlay that into a decent, steady and small income stream as these things go for Nations. Still, per weight, it is beating inflation rather handily while ramping up in market size.

So Monzer al-Kassar, eldest son of his generation, started getting involved in the late 1960's to 1970's with drug dealings across the UK, France, Italy and Spain. Actually convicted in the UK for a few months and in Algeria (by one account), Monzer shifted into the next phase of his work in the late 1970's: arms dealing. Starting with the Italian/Sicilian Mafia groups, he expanded very quickly to become someone of note for the French to approach in the early 1980's once Hezbollah came into being...

Now if *that* isn't a coincidence, having Hezbollah well supplied with arms and munitions and using the Bekaa valley for training, I don't know what *is*. The deal with the French, however, is surprising as he had a murder charge in France pending against him, and yet he skated *that* by gaining diplomatic status with another Nation. He was the 'go to guy', walking the streets of Paris after charged with murder there and, yes, got the hostages taken by Hezbollah freed. You can make up your mind if *that* is pure coincidence or having a lot of good connections, but my feelings tend towards the latter as he is soon to be the most well connected man in that dark realm of narcotics, arms trafficking, money laundering and terrorism. He started out that way early, and it went on from there.

After working with the French he got tapped by someone in the know to help out a trio of guys from the US: Ollie North, Albert Hakim and Richard Secord. Remember Iran/Contra? Monzer al-Kassar worked one of the arms deals in that, which would include Polish arms transiting through the Netherlands, meeting up with a couple of the principles of Iran/Contra, and then trans-shipped via Portugal to central America. There are indications that he was also involved with a Chinese arms shipment routed through another venue. This would lead to the Reagan Administration being confronted with the fact that arms made their way *back* to Iran for US hostages in Lebanon. That is *why* Monzer al-Kassar becomes important in the deal: he had done the same for France. The man who apparently connected the North group to al-Kassar was Jackson Stephens, who would show up in that, BCCI and as an early employer of Johnny Hwang for the Clintons.

Getting the idea here?

The way that the money was worked in the deal was through BCCI, making Monzer al-Kassar one of the large group of nefarious characters, like Saddam Hussein, Bert Lance, and Nadhmi Auchi... along with just about every crook and arms dealer in the world... who did business through BCCI. Like John Keating. What is interesting, and missed by most, is that Saddam Hussein and Nadhmi Auchi had already set up one of the largest money launding and illegal arms trade systems on the planet, the Al Mahdi, to supply Saddam with weapons in his war with Iran. That system used BCCI, but was not a part *of* BCCI, just using it as a funds transfer system. The question is: did Monzer al-Kassar know about and utilize the Al Mahdi system? Considering that this system had ties to PLO, HAMAS, Hezbollah and the Italian/Sicilian Mafias, it is hard to see how he *didn't* know. And as al-Kassar's speciality was spiriting Eastern European arms out to Bosnia, Kozovo and Yemen... there are only some few indicators that he may have used an exterior system, like the Audi Bank of Switzerland (Source: PBS Frontline documentary on al-Kassar), to move funds. Actually, that is most likely the Audi Bank of Lebanon, Geneva office. Also involved in all of this is Die Erste Bank of Austria (with some background on that organization here) and Arab Bank in Geneva which was Yasser Arafat's bank of choice as his widow would use that and BNP Bank (Source: BBC, 11 FEB 2004), and that ties Auchi to Arafat directly. About the only other major figure he is tied to is that of Abu Nidal, as part of the BCCI-London Office work and moving arms via that with his brother, Ghassan, past various arms embargos and to terror organizations. Plus his connection to the supernote trade in the Bekaa valley, which most point to Iran as an early starter, but the quality of the bills point to North Korea as the expected source, with Iran being an intermediary.

The Audi Bank would also show up in the next large scale move by Monzer al-Kassar, and that would be into Argentina. Here the question is not so much *why* al-Kassar, but as to *who* made the connections. The man to make connections with in the late 1980's was Carlos Menem, Argentine politician whose parents were from Syria. With that original connection, be it from al-Kassar's deals via Iran/Contra or via Menem's connections via Syria or (most likely) needing connections and al-Kassar already had the contacts, it doesn't really matter as Hafez Assad and Carlos Menem came to an agreement whereby Assad would fund Menem's Presidential bid in return for nuclear and missile technology that Argentina had been previously working on with Egypt and Iraq - Condor II. From that Monzer al-Kassar would get many benefits, like an exchange deal with the Colombian drug cartels of heroin for cocaine, introduce Hezbollah to the Tri-Border Area of South America, work Arms shipments from Argentina to Croatia, Bosnia and Yemen, put his own network of agents into place (even into the head spot of the Buenos Aires international airport inspections department), set up his own trade bank, and punish Argentina with the help of Imad Mugniyah and Iran for Menem bowing to US pressure *not* to give advanced missile and nuclear technology to Syria.

From approximately 1988 to 1994, Monzer al-Kassar was a very busy man, bribing his way into oblivion by having Carlos Menem destroy all records of him and his transactions there, and undermine the court system via bribery. We know that as a judge sitting on the case admitted to being bribed by him. Still the Audi Bank proved a real boon in the money laundering, bribery and general mayhem that was going on around Monzer al-Kassar. Even to the point where the Swiss would freeze his account and investigate him for a few years. Of interest is it is that Swiss judge (not the bribed Argentine judge) that would start investigating the Bank of NY scandal way back on 10 JUN 2000. So, while direct connections with Auchi cannot be confirmed, the confluence of events before the BoNY scandal hit, and how money was transferred for arms deals is of a lot of interest.

Outside of the Israeli Embassy and AMIA Center bombings, Hezbollah had a couple of preparatory bombings going on before that, in 1991, and was setting up their own 'charity' in the area, as part of Mugniyah's External Security Operations. This was not Monzer al-Kassar's first dabblings in terrorism, as seen by his previous work in the early 1980's getting Hezbollah to release hostages via Iran for France and the US (Iran/Contra). He was also involved with the Achille Lauro hijacking by PLF leader Abu Abbas, and would be tried on that in Spain... only to have one witness get drunk and fall off his apartment balcony to his death, another witness have his family kidnapped by a Colombian drug cartel and a third witness in jail in Italy recant his testimony. And that is how a man charged with Piracy walks in the modern world. Strange how that happens, isn't it? The upshot of that, having cover credentials from Yemen and other Nations and, generally being well connected, is that his bank accounts in Switzerland were unfrozen and he walked free of the Piracy charges.

If you include the death tolls by Hezbollah against the US Embassy and Marine Barracks, along with French military, the Israeli Embassy bombing, AMIA cultural center bombing, Achille Lauro hijacking and such you are coming up with a man sponsoring or taking part in the deaths of hundreds, piracy and general terrorism above and beyond his ability to launder money, get arms to places under UN interdiction and somehow transform fruit into military hardware at sea. And that is *before* we get to the 21st century! Just look at that list and the backers behind it: Iran, Syria, Hezbollah, PLO, Red Mafia, Iraq, China. Not to mention the individuals involved, like Imad Mugniyah or Semion Mogilevich the 'Brainy Don' of the Red Mafia. Tying Arafat to Auchi and the same banks starts to tie al-Kassar into that entire system of funds transfers that would start to smell very rotten due to the BoNY penetration by the Red Mafia... with the judge just a few months before discovering *that* working on al-Kassar's case.

Heading into 2001 he would try to work out his deal with Menem for a gold mine in Tucuman, Argentina via Imperial Consolidated, but that deal would face problems and he would put forward charges that Imperial was working with Osama bin Laden... that *before* 9/11. The status of the gold mine is not clear at this point in time, but the fall of Imperial (already having financial problems) and their counter-assertion that it was al-Kassar bringing bin Laden to *them* makes for an interesting case as bin Laden had an agent die on the way to Marbella, Spain in a plane crash. It is speculated that the agent was to meet with either with al-Kassar or Mogilevich (who kept a residence there) or *both*. Fascinating stuff happening just before 9/11!

After 9/11 we come to the Madrid Bombings of 3/11 as looked at by Joe Aguilar at Winds of Change and Barcepundit who translated an article about an undercover officer who was working on al-Kassar's case and, actually, *for* him and traces the phones used in the bombings to a company owned by Kassar. That and a number of connections to Algerian terror organizations, which look to be the perpetrators of the plot... but someone supplied the technology and know-how for them to pull it off. That gets us up to Monzer al-Kassar's arrest in Spain in 2007 as the US was looking to extradite him on a FARC sting operation and his finally arriving in the US a few days ago.

The above is the 'bare-bones' sketch of what Monzer al-Kassar has been dealing in, and does not look at a number of suppositions put out by others on things like the Pan Am 103 Lockerbie bombing or some of Kassar's other work in Iraq, where he was (at least up until last year) the #1 wanted man there for getting arms to insurgents. That without having set foot inside of Iraq, mind you.

While the charges on the DEA case are pertinent, they also point to the unraveling of FARC and the penetration of the FARC arms network. That is the integrated drug/arms/money exchange system by FARC and reaches pretty much worldwide to Russia, Central Asia, Oceania, Middle East, Africa and Europe, as well as to drug cartels in Mexico. As more comes out from that, the deeper connections with past goings-on are coming to the forefront, and the opportunity to clear up some long-standing problems of the late Cold War and post-Cold War period.

One of the central figures in that is Monzer al-Kassar.

This then puts the question of his ties to those in power in various Nations in question - the Four Degrees of Monzer al-Kassar game is no joke as he is one of the most highly connected individuals between the dark world of crime and terrorism and the gray world of political expediency. The central charges of conspiracy to terrorism and such ignore the greater problem that such corrupting influences that he represents have spread far and wide. You do not get Colombian drug Cartels kidnapping people to help out such an individual by *chance*. That points to a deep connection to the criminal world, reaching into jails across the globe. Not only does he have those connections and the higher ones to politicians, but the lateral ones to banking and finance: his work to launder money from the Bekaa valley drug trade, arms deals and various other black world projects points to a deep and long term problem uncovered by the BoNY scandal.

At heart Monzer al-Kassar is one of the prime movers in the realm of illegal war and private war, seeking to undermine the US, in particular, and the West in general. He is skilled enough to have been untouchable for decades, not only was it hard to pin anything on him, but once in court cases tended to evaporate out from under prosecutors. By using that organized crime and terrorism *reach* he could *touch* nearly anyone with threats or simple death. And that brings up a very troubling part of the DEA work: beyond the agents involved in the 'sting'... no, hold on a second... *including* them, just who does this case depend upon? Anyone with connections to arms dealing, narcotics trafficking or having contacts with the Red Mafia or the combined Kassar/Auchi contacts group may have a hard time staying alive.

Even in a supermax.

Having seen a couple of Spanish, Argentine, and Swiss cases just fall to pieces around him, there is no guarantee that even with iron-clad proof of wrong-doing that he will not walk away from the charges. He is the master of technicality, and knows how to operate so as to have ample fall-backs and back-ups in the legal realm. Two or three charges might not be enough to do it, and even those that gain a conviction have tended to be overturned on further review. Given a year of preparation, which he has *had*, getting any case to stand up against him in Federal Court is going to be a problem. If he was hit with every possible sanction, starting from the Hezbollah bombings and Iran/Contra all the way to the present, including at least one episode of piracy and another of aiding and abetting it, there might be a possibility to get *something* to stick.

The best possible world would have the Piracy charges with Abu Abbas be confirmed, they are damned simple and need to show simple collusion. With that the entire network of Kassar contacts could be brought in on the aiding, abetting, working with, giving material aid to Pirates. Those are, by far, the simplest federal charges in the world to make stick as they were aimed directly at those waging private war against any Nation. Absent that, you are stuck in the mush of the terrorism laws, RICO and various other conspiracy laws highly limited by the US territorially.

And then there is the final problem: the next President.

That Four Degrees game?

He is connected to Obama (via Auchi and Alsammarae), Clinton (via Marc Rich or Jackson Stephens) and McCain (via Deriposka if not Keating or Stephens), and there will be heavy pressure on each of them to *not* keep Monzer al-Kassar in jail due to *his* knowledge of various US Presidential Administrations and Congressmen. He is a bi-partisan threat, and one of the nastiest to have been seen in decades if not longer. I don't expect that even a supermax will hinder al-Kassar's operations and that of his family: they have been in the business far longer than the current crop of politicians have.

I expect him to walk unless he actually can exploit federal hospitality, of course...

To the Candidates for President: If you want my vote you will appoint a fully independent investigation inside the FBI, CIA, Treasury, and DoD to gather evidence of ALL wrongdoing by this guy and then follow each and every one of them up and if it leads to *you* step down from the Office of President.

Everyone who has bitched, moaned, complained about the war, FISA, 'civil liberties' and 'terrorism is just a tactic': this is the Civil side of going after terrorism and it will lead to your favorite policial party, backers, organizers, and possibly some of your friends.

If Monzer al-Kassar has Piracy charges *stick* against him, then every contact, supplier, friend, confidante... EVERYONE who knows him and has helped him can be brought up on federal charges of showing that help to a Pirate and be slammed away for a decade. Everyone that al-Kassar reaches out *to* can be brought *in* and put out of circulation.

No exceptions.

None for political party.

None for office.

None for Nation of origin.

None for who they back.

No one.

That will lead to the organizations of al Qaeda, HAMAS, PLO, Hezbollah, FARC - everyone in those organizations can be brought in as they support that ORGANIZATION. And a few of them, like Hezbollah and al Qaeda, should really be brought up on Piracy charges for their attacks on the USS Cole and the unarmed merchant vessel attacked by Hezbollah in 2006. Plus parts of the PLO have done sea born attacks and invasions of Israel, which is, yes, Piracy when done by non Nations.

You want the Civil side of confronting terrorism?

Now it the time to start.

That is if you *care* about curbing this form of private war and making it very unattractive to those doing it or those looking to do it.

These people have cast all civil rights aside and put themselves above all Nations as final arbiter of life and death.

The charges are very, very simple to figure out.

They chose this path to go down.

Now we can show them the error of their ways... if we have the guts to stand for anything and demonstrate that there is a place for the rule of law amongst men and Nations. It is nasty, it is rough, it is hard, it is not nice.

No one said being civilized was any of those things.

It is, however, necessary to uphold it so you can treat those who abide by being civilized in a civil fashion.

And those who don't?

Outside the law of civilization and adhering to the Law of Nature.

They want that.

And it is what they should get in full and complete measure.

14 June 2008

Where Angels fear to tread

The following is a paper of The Jacksonian Party.

All the rights secured to the citizens under the Constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous Judiciary.

- Andrew Jackson Attribution: Andrew Jackson (1767–1845), U.S. president. Letter, July 5, 1822, to Andrew Jackson Donelson, Donelson Papers, Library of Congress.

To secure our rights via law is set the courts, with the Supreme Court set by the Constitution and lesser courts given by Congress. The ability of citizens to have safety as citizens rests within what their Nation is: the Sovereign State that ensures that those who are members of it, the citizenry, are ensured of safety from those who are not citizens. In the creation of that Nation to ensure the safety of the State, mankind in that act of creation agrees to set aside some of the liberties that are had under the Law of Nature and give them to the State, lest they be used unwisely by individuals to involve others in things that are not of their business as a whole. Those who have sought to do otherwise have gained reputation by various names throughout history to describe their actions: thieves, cut-throats, pirates, brigands, corsairs, warlords, and barbarians.

The line of civil safety from that harsh world is demarcated by the State and ensured by the National institutions that allow Nations to regularize intercourse amongst themselves so as to gain mutual protection even when there is internecine animosity. By handing over some of those negative liberties of punishment, restriction and warfare to the Nation, we seek to live in greater liberty and to restrict the National power so as to allow each individual the greatest acceptable display within society of what makes the Nation an establishment. This is true of all Nations, be they tiny islands of some few hundred souls or great and sprawling places covering large portions of the planetary surface: from smallest to largest the formulation of intercourse between them is made acceptable as the alternative is too ghastly and horrific to contemplate.

Consider as far back at the Trojan War, and its estimable causes were that sparked on by trade competition amongst a loose confederation of City States against a more tightly controlled Hittite realm with a number of affiliated City States, of which Troy was one. When affront was given during a diplomatic mission by a young aristocrat from that Trojan realm made off with or eloped with Queen Helen of a second rank King in the Confederation, that King who was brother to the most influential King in the Confederation and brought pleading for help that went out to all of those who had agreed to protect Helen. While not the most noble of causes, this excuse to war, the other causes of trade, changing crop conditions, and opportunity for self-aggrandizement could not be passed up. Even with that diplomatic emissaries went between these City States to seek redress of grievances between them and avoid war. When that did not work the various treaties and agreements between City States came into play, putting the Confederation of Achaean Greeks to test for a long decade of vicious war against Trojan Allies and supporters was waged. Even in that time and place, we see that trade, agreements and diplomacy were at the heart of these City States and that waging war without giving the cause and reason, and allowing recompense to be made were vital to survivals of peoples in their States.

What happened afterwards, however, was the total collapse of the civilizations involved as the great Palaces of Greece went down into ruin as well as the Hittite realm and Troy, itself, was brought low and barely survived as a city for a time, and then a town, a village and then a hill of rubble for centuries. Athens would survive, but barely, with the help of nearby islands and peoples. From that destruction we can hear the faint echoes of the messages sent then:

"'My father, behold, the enemy's ships came (here); my cities(?) were burned, and they did evil things in my country. Does not my father know that all my troops and chariots(?) are in the Hittite country, and all my ships are in the land of Lukka? . . . Thus, the country is abandoned to itself. May my father know it: the seven ships of the enemy that came here inflicted much damage upon us.'" - Letter of Ammurapi to Suppululiuma II of the Hittites telling of the Sea People.

The countries -- --, the [Northerners] in their isles were disturbed, taken away in the [fray] -- at one time. Not one stood before their hands, from Kheta, Kode, Carchemish, Arvad, Alashia, they were wasted. {The}y {[set up]} a camp in one place in Amor. They desolated his people and his land like that which is not. They came with fire prepared before them, forward to Egypt. Their main support was Peleset, Tjekker, Shekelesh, Denyen, and Weshesh. (These) lands were united, and they laid their hands upon the land as far as the Circle of the Earth. Their hearts were confident, full of their plans. (Medinet Habu, Year 8 inscription.) - Inscription by Ramases III at Medinet Habu.

Thus the watchers are guarding the coasts : command of Maleus at Owitono... 50 men of Owitono to go to Oikhalia, command of Nedwatas.... 20 men of Kyparssia at Aruwote, 10 Kyparissia men at Aithalewes.... command of Tros at Ro'owa: Kadasijo a shareholder, performing feudal service.... 110 men from Oikhalia to Aratuwa. - Clay tablet found at Pylos.

These are the ravagers - not just pirates as many would come to try and settle once a foothold was garnered in the lands they had attacked. That is how the Philistines came to Palestine, and those from Sherden went to Sicily and perhaps points west. The more familiar litany of Huns, Goths, Vandals, Franks, and Mongols follows this same pattern of stepping in when civilization decays and crumbles. From the Lukka, Shekesh, Dananu to Huns, Goths, Vandals to those we know of by names such as Josephus, Grace O'Malley, Bartholomew Roberts, Joaquin Murrieta, and the Soviets fighting a 'bandit army' using paratroops for the first time ever, the list of worldwide banditti is long and bloody. We romanticize them because we are safe and insulated from their harsh and brutal times, and place their deeds higher because our civilization is so comfortable. And yet each were confronted by States and Nations, be they Egypt under Ramses II or the Byzantine Empire or the British Navy or even simple settlers forming up towns and establishing laws to finally put an end to those outside the law living by the Law of Nature.

We came to recognize that those living by the Law of Nature and waging war on their own are accountable to the brutality of war when confronted by the forces of States and Nations, and that their crimes of being out-law are punishable in the severest way when captured by civil forces. These ones who rule by force, by terror, by coercion and abide by no civilized norms to impose their will upon others have gotten the harshest treatment when caught as they have chosen to step outside of society on their own, without being forced to by any other person. By doing so they may still talk, think and reason, but they are man in the state of Nature not in the state of Civilization.

This view has been passed down to the United States by the Common Law of England as seen in Blackstone's Commentaries:

LASTLY, the crime of piracy, or robbery and depredation upon the high seas, is an offense against the universal law of society; a pirate being, according to Sir Edward Coke,10 hostis humani generis [enemy to mankind]. As therefore he has renounced all the benefits of society and government, and has reduced himself afresh to the savage state of nature, by declaring war against all mankind, all mankind must declare war against him: so that every community has a right, by the rule of self-defense, to inflict that punishment upon him, which every individual would in a state of nature have been otherwise entitled to do, any invasion of his person or personal property.

BY the ancient common law, piracy, if committed by a subject, was held to be a species of treason, being contrary to his natural allegiance; and by an alien to be felony only: but now, since the statute of treasons, 25 Edw. III. c. 2. it is held to be only felony in a subject.11 Formerly it was only cognizable by the admiralty courts, which proceed by the rule of the civil law.12 But, it being inconsistent with the liberties of the nation, that any man's life should be taken away, unless by the judgment of his peers, or the common law of the land, the statute 28 Hen. VIII. c. 15. established a new jurisdiction for this purpose; which proceeds according to the course of the common law, and of which we shall say more hereafter.

It is, indeed, ancient law as hostis humani generis comes from the Roman Law on how to deal with such individuals, which would include bandit armies. As Blackstone would note, the Law of Nations is deducible by natural reason and established by universal consent of those who are civilized. If you have a Nation to protect your State and the people therein, you get the Law of Nations as a result. Time does not matter as even the Brozne Age civilizations found that when they had City States they had created a system of interaction that is definable, even if they never clearly defined it for themselves, it had come into being. Thus the written Law of Nations by Emmerich de Vattel should come as no surprise to anyone who thinks about what Nations are and why they interact the way they do. Which is why the following should not be a surprise from Book III:

§ 1. Definition of war.(136)

WAR is that state in which we prosecute our right by force. We also understand, by this term, the act itself, or the manner of prosecuting our right by force: but it is more conformable to general usage, and more proper in a treatise on the law of war, to understand this term in the sense we have annexed to it.

§ 2. Public war.(136)

Public war is that which takes place between nations or sovereigns, and which is carried on in the name of the public power, and by its order. This is the war we are here to consider: — private war, or that which is carried on between private individuals, belongs to the law of nature properly so called.

[..]

§ 4. It belongs only to the sovereign power.(137)

As nature has given men no right to employ force, unless when it becomes necessary for self defence and the preservation of their rights (Book II. § 49, &c.), the inference is manifest, that, since the establishment of political societies, a right, so dangerous in its exercise, no longer remains with private persons except in those encounters where society cannot protect or defend them. In the bosom of society, the public authority decides all the disputes of the citizens, represses violence, and checks every attempt to do ourselves justice with our own hands. If a private person intends to prosecute his right against the subject of a foreign power, he may apply to the sovereign of his adversary, or to the magistrates invested with the public authority: and if he is denied justice by them, he must have recourse to his own sovereign, who is obliged to protect him. It would be too dangerous to allow every citizen the liberty of doing himself justice against foreigners; as, in that case, there would not be a single member of the state who might not involve it in war. And how could peace be preserved between nations, if it were in the power of every private individual to disturb it? A right of so momentous a nature, — the right of judging whether the nation has real grounds of complaint, whether she is authorized to employ force, and justifiable in taking up arms, whether prudence will admit of such a step, and whether the welfare of the state requires it, — that right, I say, can belong only to the body of the nation, or to the sovereign, her representative. It is doubtless one of those rights, without which there can be no salutary government, and which are therefore called rights of majesty (Book I. § 45).

Thus the sovereign power alone is possessed of authority to make war. But, as the different rights which constitute this power, originally resident in the body of the nation, may be separated or limited according to the will of the nation (Book I. § 31 and 45), it is from the particular constitution of each state, that we are to learn where the power resides, that is authorized to make war in the name of the society at large. The kings of England, whose power is in other respects so limited, have the right of making war and peace.1 Those of Sweden have lost it. The brilliant but ruinous exploits of Charles XII. sufficiently warranted the states of that kingdom to reserve to themselves a right of such importance to their safety.

This is not 'top-down reasoning' but reasoning from something which exists and can be defined by reason, thus it is reasonable. We create States and Nations for a reason, and that is to live in community without the fear of barbaric war between those of us inside the community. By having laws that are known between us, as individuals, and abiding by them, that thing called government is created to ensure that such laws are carried out and, by that agreement between us as citizens, we agree to those laws. Beyond regularizing commerce, trade, and other means of social intercourse, the largest liberty given up is this negative one called 'making war': as individuals we agree that it is so toxic, so highly negative that only the thing we create called the State should have say over it.

And as citizens we also agree that Nations that are the safeguards of our States should also have the means of say over those who do NOT abide by that agreement. Even more, is that if those individuals who wage private war should fall into the hands of citizens, there is little save pleading for mercy that those individuals can do. Especially once attacked, and having shown NO MERCY to the civil population, they may get NO MERCY in return as they have returned to the Law of Nature and fully know that this is what they will get in RETURN for their actions when caught as that *is* the Law they live under. In Book III this is made abundantly clear:

§ 67. It is to be distinguished from informal and unlawful war.

Legitimate and formal warfare must be carefully distinguished from those illegitimate and informal wars, or rather predatory expeditions, undertaken either without lawful authority or without apparent cause, as likewise without the usual formalities, and solely with a view to plunder. Grotius relates several instances of the latter.5 Such were the enterprises of the grandes compagnies which had assembled in France during the wars with the English, — armies of banditti, who ranged about Europe, purely for spoil and plunder: such were the cruises of the buccaneers, without commission, and in time of peace; and such in general are the depredations of pirates. To the same class belong almost all the expeditions of the Barbary corsairs: though authorized by a sovereign, they are undertaken without any apparent cause, and from no other motive than the lust of plunder. These two species of war, I say, — the lawful and the illegitimate, — are to be carefully distinguished, as the effects and the rights arising from each are very different.

§ 68. Grounds of this distinction.

In order fully to conceive the grounds of this distinction, it is necessary to recollect the nature and object of lawful war. It is only as the last remedy against obstinate injustice that the law of nature allows of war. Hence arise the rights which it gives, as we shall explain in the sequel: hence, likewise, the rules to be observed in it. Since it is equally possible that either of the parties may have right on his side, — and since, in consequence of the independence of nations, that point is not to be decided by others (§ 40), — the condition of the two enemies is the same, while the war lasts. Thus, when a nation, or a sovereign, has declared war against another sovereign on account of a difference arisen between them, their war is what among nations is called a lawful and formal war; and its effects are, by the voluntary law of nations, the same on both sides, independently of the justice of the cause, as we shall more fully show in the sequel.6 Nothing of this kind is the case in an informal and illegitimate war, which is more properly called depredation. Undertaken without any right, without even an apparent cause, it can be productive of no lawful effect, nor give any right to the author of it. A nation attacked by such sort of enemies is not under any obligation to observe towards them the rules prescribed in formal warfare. She may treat them as robbers,(146a) The inhabitants of Geneva, after defeating the famous attempt to take their city by escalade,7 caused all the prisoners whom they took from the Savoyards on that occasion to be hanged up as robbers, who had come to attack them without cause and without a declaration of war. Nor were the Genevese censured for this proceeding, which would have been detested in a formal war.

Note the city used as an example: Geneva, Switzerland. The place that would become home and synonymous with the rules of warfare known as the Geneva Conventions. It would be very strange for such a place not to know the differences between public and private war having been subject to the latter in their history. Also of interest is that de Vattel is Swiss, and it is by no means an accident that he utilizes that background to demonstrate the more general point about those who wage war for their own ends outside of Sovereignty and Nations.

What Blackstone mentions is that the trial of those who are caught as pirates moves to the civil courts in England, but only in the period after which the US SCOTUS has defined the original power of the Nation: while England changed her laws under Henry VIII, the United States derives its Admiralty power from before that time for jurisdiction. That said the US still embodies the jurisdiction in the civil courts for those declared as pirates and captured via civil means. Because of the original jurisdiction and power of the United States for the Admiralty stemming before that period, however, the US embodies that power on the military side in the Commander in Chief operating under the military laws made by Congress that is given sole right to define these laws.

Here are the parts of the US Constitution dealing with these powers, first with Congress in Article I, Section 8:

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

In the ability to define and punish Piracies and Felonies committed on the high seas, Congress is to make laws to cover the maritime or Admiralty areas of the United States: all US flag vessels operating within reach of the high seas. That is how a Captain of a vessel is allowed to marry individuals under the Sovereign flag of their Nation and also enforces the law of that Nation on-board ship until they have fully passed beyond the reach of the high seas within a Nation. Traditionally that was marked by the furthest high tide in the Thames, but has been reduced to having obstructions of land between a current position and the high seas, such as passing the headlands of a large river like the Mississippi. Simple bays are not enough, nor are ports, as the land based portion has the law of that Nation while each ship has the law of its flag Nation still operable upon it. Ships, in that sense, operate as extensions of the Nation under the flag they fly.

Offences against the Law of Nations, and capitalized to show its importance, means that all other acts that can be considered injurious to the US on a Nation-to-Nation jurisdictional basis, say that of recruiting Americans for a foreign Army without the consent of the President, may have laws levied against them. It is this view and the permission of regular citizens to travel overseas under treaty agreements that have been regularized, that allows the US to extend its protection to its citizenry while overseas. While a citizen is liable for all laws of the host Nation, the citizen is, in return, protected by wanton assaults via warlike means against them via the laws of Congress.

Even further, however, is that Congress has, by its powers, the ability to discriminate between civil and military law for activities and address both with regard to the Law of Nations. By Congressional power to promulgate regulations and inferior tribunals, does it get the power to set the course for those captured by civil means and by martial means, and even to determine if captures in one are liable to the other! It is a huge power of Congress and, exercised well, will give any foe of the United States great pause in warlike assaults upon its citizens.

Congress has, in the past, with regards to those waging private war, done just that in the past, as seen in INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OF THE UNITED STATES IN THE FIELD, Prepared by Francis Lieber, promulgated as General Orders No. 100 by President Lincoln, 24 April 1863 via the Avalon Project:

Art. 82.

Men, or squads of men, who commit hostilities, whether by fighting, or inroads for destruction or plunder, or by raids of any kind, without commission, without being part and portion of the organized hostile army, and without sharing continuously in the war, but who do so with intermitting returns to their homes and avocations, or with the occasional assumption of the semblance of peaceful pursuits, divesting themselves of the character or appearance of soldiers - such men, or squads of men, are not public enemies, and, therefore, if captured, are not entitled to the privileges of prisoners of war, but shall be treated summarily as highway robbers or pirates.

This is the definition of what we would call 'terrorism', and those committing during times of military conflict are judged, summarily, as either highway robbers or pirates. The activity, in this case, sets the punishment as not being public enemies, they are given no privileges of being a prisoner of war, but receive the summary wartime treatment of those crimes. Those orders and that outlook lasted until the drafting of the Hague Conventions, and yet those Conventions did not contravene these orders in any way, as private war was not and could not be addressed by international law as it was a high crime against all Nations. How those in Geneva treated those that attacked them via private war and how peoples through the ages have done so was still in effect: mankind makes a distinction between the public waging of war, and the wholly illegitimate private war.

It is for these reasons that the Boumediene decision by the Supreme Court is more than troubling: it is stepping away not only from the Constitutional division of powers, the traditional decisions given during wartime, but also it is stepping away from Common Law and, indeed, all law that the US draws upon as its sources, including the Black Book of the Admiralty which laws it enumerates themselves coming from Roman Law. The Supreme Court attempts to place civil law where Congress places Combatant Status Review Tribunals done by the military to determine of individuals are engaging in private war. It should be noted that private war is not limited to al Qaeda or Taliban, but is practiced by many groups and individuals who see fit to divest themselves of civil society and agreement to wage war to their own ends.

The CSRT organizations fit wholly within the Article I, Section 8 power given to Congress as it, and only it, has the power and authority to determine how crimes against the Law of Nations are to be addressed. By stepping in any other direction, to assert that the summary nature of decisions, as is traditional upon military law practiced by the armed forces of the United States since at least 1863, and truly before the founding of the Nation itself as English military law had similar views, the Supreme Court has attempted to set itself up as the arbiter of what is or is not military or civil law. At no time up to the modern has any individual waging private war been given such things in a military venue as they are practicing something wholly anathema to civil society by taking up arms to fight their own war outside of any Sovereign commission. By inserting itself into this procedure set by Congress and accepted by the Executive, and that is wholly in keeping with previous law and rulings in this realm, the Supreme Court is violating its own views of letting precedent set the tone and tenor of cases.

It should also be noted that while other laws have replaced and refined General Orders No. 100 from 1863, that no law has been put in its place to address such individuals who are not public enemies, but waging private war. While newer orders are considered operable, in areas where no new orders have been set down the older are considered to be operative: in that Congress has been trying to find a way to regularize Article 82 for the modern age, but the Supreme Court has constantly been hampering that process.

I personally beg to differ with the Supreme Court on Held 2b:

(b) A diligent search of founding-era precedents and legal commentaries reveals no certain conclusions. None of the cases the parties cite reveal whether a common-law court would have granted, or refused to hear for lack of jurisdiction, a habeas petition by a prisoner deemed an enemy combatant, under a standard like the Defense Department’s in these cases, and when held in a territory, like Guantanamo,over which the Government has total military and civil control.

If the 'diligent search' of precedents has NOT uncovered General Order No.100 from 1863, then perhaps the Court has had a predetermined decision in mind. It is difficult to find, but not impossible via a public search via this thing known as a 'search engine'.

And as Sir William Blackstone had written his commentaries in 1765-1769, a mere 8 years before the Revolutionary war and his writings and scholarship were known to Jefferson, Madison and others, it is difficult to understand how his vies on private war could not be known to the SCOTUS. Indeed, his works are cited by the early Supreme Court to help garner direction of rulings and to cite when Congress has changed direction from the Common Law.

As Emerich de Vattel wrote Law of Nations in 1758 and it was widely cited and commented upon throughout the founding era and during the 1787-89 commentaries of both Federalists and Anti-Federalists and how the new Nation would embody the views of it, there is little reason to suspect that the founding generation did not know about it as they specifically capitalize the law and work in the Constitution. The private war addressing powers are given to Congress along with all other Law of Nations crimes to be addressed, plus the division of law between the civil and military side which is a specific feature of our Republic. While Admiralty courts gave way to civil courts in England, the early Supreme Court cases differed from Common Law and sought the widest possible reach of sovereign power for the new Nation and specifically and categorically struck down any attempt by Congress to limit that scope of power. As piracy is one of the problems addressed by those laws, and the fact that it has a civil and military side to it, those Courts clearly understood the differences BETWEEN civil and military law.

Anyone caught by the armed forces committing acts of war who does not conform to the rules of warfare as signed upon by treaty and enforced by Congress gets the *punishment* for not doing so. Congress and President Lincoln were quite and succinctly clear on that: all trials are summary in nature. The reason that is so is because those best suited to determine who is and is not a soldier are those in the armed forces operating under the military laws of the United States and who have been trained and taught to respect and understand those laws. That is why we give military law to them to operate upon: war is hell and they are the only ones who can make sense of it and still conform to international and national standards simultaneously.

There is a reason that the writ of habeas petition does not apply to those captured by the armed forces and judged to be fighting private war: they have dropped all pretense of holding to any civil law by their conduct and are fighting outside the norms of all laws. If they wish to get treatment by the civil courts they can give themselves up TO civil authorities. This is why the judicial power of the Supreme Court ITSELF extends to this part of the law under Article III, Section 2:

--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;

Note that this jurisdiction is the civil jurisdiction to which the judicial Power is extended, to take place in the area of the admiralty and maritime, that is aboard ships at sea. And when civil controversies involve the Nation, then judicial Power is also enacted. Beyond that the Supreme Court is the court of last appeal in the United States. From all of that, however, it does NOT get to set the division between military and civil law. The former is expressly made for the conduct of the US armed forces wherever they may go and to bring regularity and order to their operations even when operating overseas. Unless it has been missed, the US has held other military tribunals overseas during previous conflicts and has every power to do due to the nature of overseas military conflicts: they are overseas against non-citizens of the United States and conducted under the agreed upon treaties making up the laws of war plus any other restrictions Congress wishes to place in their regulatory role.

In a short instance I have come up with multiple areas that distinctly demonstrate that the type of conflict and operations against those waging private war were known to the founding era: Law of Nations, Blackstone's Commentaries, the Federalist and Anti-Federalist papers. Further the SCOTUS could check all admiralty decisions of the early Courts from stand-up to the 1870's to see the type of views used by those Courts to examine admiralty cases. Beyond that Congress and President Lincoln put into place a set of General Orders for the army and navy starting in 1863 and lasting for over 30 years that dealt with this very problem of those fighting private war against the US. Finally an examination of the idea of the US conducting military tribunals overseas should yield up numerous examples of the armed forces doing so, probably since the first extra-territorial work of the armed forces starting with President Jefferson who acted under the Law of Nations in going against the Barbary Pirates as that is what a Commander of the Navies *does* when also acting as Head of State and Head of Government.

As it stands this is one of the least thought-out, most ill-conceived decisions of many the Supreme Court has handed down, including Plessy v Ferguson. Here they are attempting to say that those fighting in a barbaric mode under the Law of Nature are due all the pleasantries of civil law when captured by the armed forces. That has NEVER been the case save where a Sovereign has specifically directed for individuals that otherwise should be done and reasons given on a case-by-case basis. When Captain Henry Morgan appealed to the civil courts when charged with Piracy it was to clear his good name. He gave himself up willingly on that agreement for civil hearing and demonstrated there was no way he could know of the Treaty signed between England and Spain.

That is why we *have* civil courts and civilization: to demonstrate the ability to act in a civilized manner.

Which is most specifically NOT practicing private war.