The Sept. 11 commission catalogued in detail how our intelligence establishment simply does not function. We made priority recommendations to rebuild the 15 bloated and failed intelligence bureaucracies by creating a strong national intelligence director to smash bureaucratic layers, to tear down the walls preventing intelligence-sharing among agencies, and to rewrite personnel policy with the goal of bringing in new blood not just from the career bureaucracy but from the private sector as well. This approach was completely rejected by the Bush administration, which decided instead to leave this sprawling mess untouched and to create yet another bureaucracy of more than 1,000 people in the Office of the Director of National Intelligence. It was the exact opposite of what we had recommended.The above-excerpted article, by one John Lehman, who served on the 9/11
From "We're Not Winning This War" (Emphasis mine)
We are at war with jihadists motivated by a violent ideology based on an extremist interpretation of the Islamic faith. This enemy is decentralized and geographically dispersed around the world. Its organizations range from a fully functioning state such as Iran to small groups of individuals in American cities.Bref, we aren't at war with a lot of disconected, discontinuous, occasionally cooperative, often antagonistic groups of various sizes, organizational structures, impetuses, grievances, locations, tactics, and capabilities, who share only a variety of associations with the world's second-largest religion and a fury over American foreign policy, though not necessarily the same parts of that policy. Instread, we're at war with a lot of disconected, discontinuous, occasionally cooperative, often antagonistic groups of various sizes, organizational structures, impetuses, grievances, locations, tactics, and capabilities, who share only a variety of associations with the world's second-largest religion and a fury over American foreign policy, though not necessarily the same parts of that policy.
Not-so-bref. Perhaps a visual aid:

Since ideas don't occur in Governmentia so much as the infect, Lehman, like Posner and a bunch of other Official Kooks in the Court of the Dauphin, feels the proper remedy to our woes is a domestic spying agency without police powers. That such agency is forbidden by the Constitution is no impediment to these folks, for whom the Constitution is not only just the Constitution, but also just a piece of paper. The survival of some political entity called The United States of America, which is not, as we all surely know, in doubt, is of greater import than the survival of the political entitiy called The United States of America. Content is secondary to masthead.
The initial excerpt from the article follows the "James Bond, James Bond, my Kingdom for James Bond!" lines. Lehman's lament--that their mitigatory reforms to reduce the size of government agencies produced the opposite effect--are the tears of a man who, having served as Secretary of the Navy, a position dedicated only to the growth, never to the diminishment, of an institution, hasn't even a basic understanding of organizational behavior. When working on a contentious labor negotiation last summer, my colleagues worked mightily to trim the size of our bargaining agreement, to streamline relationships between management and labor, to simplify the chain of command, the make lines of authority and responsibility more transparent and more direct. We failed. The contract is longer than ever, the organizational chart more complicated. Late in the game, it was necessary to bring in a mediator, who met initially with both sides in private. When we explained these goals to him, he chuckled at us and said that never in his twenty-five years of mediation and arbitration had he seen such a thing accomplished "without tearing up the whole damn agreement and starting from scratch."
That, it goes without saying, is not the spirit possessing a man who wants a "strong national intelligence director to smash bureaucratic layers, to tear down the walls preventing intelligence-sharing among agencies, and to rewrite personnel policy."
Lehman goes on to lament North Korean missile-rattling (do missiles rattle? if so, are they a threat?) and China's plans to build a 600-ship navy, all of which sounds like a plea to quit fucking around with all this forward thinking and rebuild a vast conventional military, to do something or other, whatever it is. Such competing imperatives play well in Freedonia, D.C. These are the same people, by and large, who constantly regret Americans' deep-held distrust of their own institutions. Well, of course they distrust their institutions! For more than half-a-century now, the policy of their government has been to pat them on their collective head with one hand and utter soothing noises out of one side of its mouth, while pushing the air-raid siren button and whistling warnings with the other. Concurrently, it has erected a vast structure of secrets, first in order to keep the nuclear cat in the bag, then, once it became clear that that wasn't going to work, simply for the sake of keeping secrets with the sort of self-dissimulating absurdity that makes the ever-present shades of Franz Kafka and Michel Foucault grin with posthumous vindication of their eternal rightness about just-about everything. Americans aren't a particularly bright or involved people. They don't distrust their rulers for complex reasons of sociology or ideology. They distrust their rulers because their rulers are untrustworthy.
I've drifted somewhat afield of the original argument, so I'll just tack on a conclusion and call it a post. It works at the WaPo, so it oughta work here. The only steps that we, as a nation, could take to significantly reduce the threat of terrorism, which is really relatively minor as threats go, involves taking actions abroad that I would characterize as sane and you, John Lehman, and all your sleepover buddies, would call "retreat."
4 comments:
I've a question.
How do you reconcile your mockery of Scalia for his belief that "what worked in 1781 will work today," with "That such agency is forbidden by the Constitution is no impediment to these folks, for whom the Constitution is not only just the Constitution, but also just a piece of paper."
That is to say, in one rhetorical framework, how do you reconcile "we should not respect the meaning and intent of the constitution because to do so would not be pragmatic" with "we should respect the meaning and intent of the constituion because to do otherwise would unmake the house."
If you say "I don't" I am going to be pissed.
I don't . . .
. . . mock Scalia for saying that what worked back then would work today. I mock him for claiming to apply the rubric of "originalism" while so clearly deviating from it anytime so-called strict interpretation fails to lead him to a foregone or politically expedient conclusion. In other words, I mock him not for being a dunce, but for being a liar.
More broadly, although I don't believe that the Constitution is the be-all and end-all of human political development or political philosophy, I do think it lays out a perfectly clear, universally applicable, still-current set of boundaries: clear delineations of what sort of governmental activities are and are not permissible. I am willing to accept that such a position inevitably leads to intrepretive conflict, and I believe our nation, were it to enjoin such conflict in good faith, would be better for it.
As it is, the majority of the political mainstream on either side does not advance Constitutional arguments in good faith; if anything, both sides seem generally constitutionally illiterate, believing that the imperatives of "equality" or the imperatives of "defense" are themselves sufficient lenses through which to read the fine print of Constitutional meaning.
In the case of a domestic spying agency, it is perfectly clear that the Constitution forbids such activity; that where domestic surveillance, searches, and seizures are permissable, it is only through the proper application of warrants, obtained through a controlled judicial system, and integral to "due process of the law." The Constitution is explicit to this effect. There is no question of whether or not it means now what it meant then. There is a mechanism for circumventing those requirements: the amendment process. That such a process is not always timely or swift is no excuse.
I am willing to allow that there may be arguments about what is or isn't protected speech, what is or isn't cruel and unusual punishment, what is or isn't an "unreasonably search or seizure," but I am altogether unwilling to accept the contention that the process of obtaining a warrant, which can be done in secret and with virtually guaranteed success for the State, however flimsy its case may be, is so odious and unweildy that the requirement of warrants may be jettisoned for the purposes of peeking through our windows and rutting through our email trash bins in the vain hopes of discovering a "Dear Mohammed" letter spelling out our plans to nuke the PATH trains.
"So, on to the constitution. This supposedly sacred document is, in fact, an ad hoc work designed to rectify problems in the previous articles of confederation and expected (as Jefferson and Franklin made quite, quite clear) to last no more than a generation. Now, unfortunately, we've enshrined it and reified it and, since we're a mostly illiterate culture, misread it into oblivion. The left's problem isn't that Antonin Scalia is wrong; it's that he's fucking right. It's that the left, by accepting the legitimacy of the constitution as a sacred and nearly unalterable document, accedes to the power of those, like Mr. Scalia, who believe that what worked in 1789 will work today. Clearly it won't. But by Odin, Thor, Zeus, and Hermes, don't let that secret out."
Just curious. That, and patching holes in my theory of everything.
Context, baby. I think the rub, there, is "a sacred and nearly unalterable document."
If you go back to the Declaration, you see Jefferson et al. cautioning against political revolution for light or transient reasons. I think the same applies to our Constitution. The failsafe against such whimsies is the deliberative process required to alter it.
I don't sanctify the constitution myself. As I said in my first response, it's by no means the apotheosis of social development. But, insofar as it sets limits on the power of government over the governed, I'd rather hew to it than not. I'd also rather have a re-reocking of it, but that sort of generational Constitutional Convention, which is what Jefferson advocated, clearly isn't happening.
Insofar as the Constitution guarantees the sanctity of my person, though, I'm all for it. What I think I was noting, Re: Scalia and the Left, is that the Left gives advantage to Rightist claims of "originalism" by endorsing the Mosaic view of the Constitution--handed down through the clouds and whatnot.
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