Commentary Magazine


Topic: Central Intelligence Agency

Huffington Post Takes Down the Leveretts

I usually don’t tout Huffington Post columns, but a not-to-be missed one by Omid Memarian should be read in full. Bit by bit, Memarian chips away at the facade of intellectual credibility that Flynt and Hillary Mann Leverett, the mullahs’ favorite mouthpieces, have erected. He begins with this:

The list of foreigners who unconditionally support the Islamic Republic of Iran is short but not unexpected: Omar Albashir of Sudan, Hassan Nasrallah of Hezbollah, Khalid Mashal of Hamas, and Hugo Chavez of Venezuela might be at the top. Add to this list an unlikely duo: Flynt Leverett and his wife, Hillary Mann Leverett. Notwithstanding over two decades of collective experience working for organizations and entities like the CIA, the American Israeli Public Affairs Committee (AIPAC), the Washington Institute for Near East Policy, and the National Security Council, the Leveretts are today America’s most prominent, and abrasive, defenders of the Iranian regime and its president Mahmoud Ahmadinejad. Though they cloak their analysis in the guise of strategic thinking and anti-war diplomacy, their writings betray a dangerous lack of understanding of Iran’s internal realities as well as an almost bigoted contempt for the Iranian people.

The particulars of the Leveretts’ misinformation campaign on behalf of the Iranian regime are then laid out in great detail. Well, it’s about time. Others have done an ample job debunking the couple, as do the Leveretts’ own words. But with this, Memarian delivers the knockout blow to the mullahs’ shills.

We’re Not to Blame for Pakistani Terrorists

No doubt we will soon be hearing, if we aren’t already, that CIA drone strikes in Pakistan are responsible for the aborted Times Square bombing, which is linked to the Pakistani Taliban. If only we weren’t targeting the terrorists, some will argue, they wouldn’t target us.

This Los Angeles Times article provides good insight into how the operations have been ramped up under the Obama administration, which has given the CIA authority to eliminate suspected terrorists even if their names were not entered into a vetted list:

The new rules have transformed the program from a narrow effort aimed at killing top Al Qaeda and Taliban leaders into a large-scale campaign of airstrikes in which few militants are off-limits, as long as they are deemed to pose a threat to the U.S., the officials said.

Instead of just a few dozen attacks per year, CIA-operated unmanned aircraft now carry out multiple missile strikes each week against safe houses, training camps and other hiding places used by militants in the tribal belt bordering Afghanistan. … Of more than 500 people who U.S. officials say have been killed since the pace of strikes intensified, the vast majority have been individuals whose names were unknown, or about whom the agency had only fragmentary information. ‬

Has this enraged the Pakistani Taliban? No doubt. But it has also hurt them — as similar attacks have hurt other extremist groups. It is fanciful to imagine that we could ever do anything to appease such fanatical groups. The very fact that we support moderate governments in Islamabad and Kabul is enough to earn us their undying enmity. Curtailing the drone strikes won’t earn their gratitude; it would simply signal to them that we can be intimidated. The best response to the Times Square attempted attack is to keep sending our robotic aircraft after the bad guys. This is by far the most effective program we have to address the terrorist threat inside Pakistan.

Did Terrorist Detainees’ Lawyers Endanger CIA Agents?

Eli Lake reports:

Covertly taken photos of CIA interrogators that were shown by defense attorneys to al Qaeda inmates at the Guantanamo Bay prison represent a more serious security breach than the 2003 outing of CIA officer Valerie Plame, the agency’s former general counsel said Wednesday.

John Rizzo, who was the agency’s top attorney until December, said in an interview that he initially requested the Justice Department and CIA investigation into the compromise of CIA interrogators’ identities after photographs of the officers were found in the cell of one al Qaeda terrorist in Cuba.

Recall that Guantanamo detainees — some of whom may now have been released back to their home countries (and returned to the battlefield, given the rate of recidivism) — were shown pictures of CIA agents by their attorneys. The danger to these public servants is acute:

“Well I think this is far more serious than Valerie Plame,” Mr. Rizzo said after a breakfast speech. “That was clearly illegal, outing a covert officer. I am not downplaying that. But this is far more serious.”

“This was not leaked to a columnist,” he added. “These were pictures of undercover people who were involved in the interrogations program given for identification purposes to the 9/11 [terrorists].”

U.S. Attorney Patrick Fitzgerald is now investigating the matter. At this stage, we know that “the photographs appeared to have been taken by private investigators for the John Adams Project, which is jointly backed by the American Civil Liberties Union and the National Association of Criminal Defense Lawyers.” As Lake notes, serious violations of law may have occurred:

One possible crime would be the “disclosure of classified information, being the faces of these people, to an enemy foreign power,” Mr. Rizzo said.

Mr. Rizzo said the other possible law the pro-bono attorneys may have violated would be the 1982 Intelligence Identities Protection Act (IIPA), the same law Mr. Fitzgerald initially investigated in Mrs. Plame’s case. No one in the Plame case was prosecuted under that statute. A former aide to Vice President Dick Cheney, I. Lewis “Scooter” Libby Jr., was convicted of lying to investigators and later partially pardoned.

We will see what Fitzgerald turns up. But the potential that lawyers illegally disclosed materials to terrorists and thereby endangered CIA agents should remind us of the mentality of those who claimed to be defending our “values” as they litigated against the U.S.

WEB EXCLUSIVE: If You Shoot at a King You Must Kill Him

Last week I spoke with Reza Kahlili, a man who during the 1980s and 1990s worked for the CIA under the code name “Wally” inside the Iranian Revolutionary Guard Corps. He wrote a terrific book about his experience as an American agent called A Time to Betray, and today he’s issuing a serious warning about his former Iranian masters: they mean what they say, and the West had better start taking them seriously.

He thinks President Mahmoud Ahmadinejad and Supreme Guide Ali Khamenei fully intend to use nuclear weapons if they acquire them, either by exploding them in enemy cities or holding the Middle East and the world’s energy resources hostage. It’s hard, to be sure, for even a well-placed expert to know this for certain. Perhaps not even the leadership knows exactly what it will do with the bomb once it gets the chance. (Either way, a nuclear-armed Iran won’t suddenly play well with others.) What happens in the region over the next couple of years may depend in large part on whether the Israelis are willing to chance it.

To read the rest of this COMMENTARY Web Exclusive, click here.

Hillary Clinton’s Meddling

The ideological extremism of the Obama administration keeps popping up on an almost daily basis, like a game of whack-a-mole. The latest example comes to us courtesy of Secretary of State Hillary Clinton, who was in Canada, where she was lecturing Canadians on how they should be more pro-abortion.

Secretary Clinton’s comments were made in the context of the Canadian government’s G8 maternal and child health initiative. According to Clinton: “You cannot have maternal health without reproductive health. And reproductive health includes contraception and family planning and access to legal, safe abortion.”

So here’s a question: can you imagine Henry Kissinger or Dean Acheson ever saying such a thing? Hillary Clinton is Secretary of State; she’s not the president of Planned Parenthood. And for an administration that insists it shouldn’t meddle in the internal affairs of other nations — unless it means making life considerably more difficult for our allies like Honduras and Israel — this is quite remarkable.

Or perhaps not. It fits in quite well with those who argue that no administration in history has been quite as radical on quite as many fronts as this one. There have been exceptions, of course, most especially on Obama’s policy toward Afghanistan and Pakistan. But for the most part, the Obama administration cannot help itself from pushing the most extreme side of a host of issues, whether it comes to spending; or deficits and the debt; or expanding the reach and power of the federal government; or nationalizing health care; or decimating the morale of the CIA; or providing terrorists with unprecedented rights; or bashing our allies; or criticizing America abroad; or promoting abortion in other lands.

All of this is coming together in the minds of the members of the public, which is why November looks like it will be so bad for Democrats, in so many ways.

The Deprofessionalization of Spying

I don’t agree with everything former CIA officer Robert Baer writes, but his GQ article about the suicide bombing that killed seven CIA officers and contractors in Afghanistan is an interesting and compelling read. According to Baer, the essential problem was that the CIA station chief in Khost did not have much field experience. She was a reports officer who spent most of her time in Washington. Given the opportunity to run a purported al-Qaeda mole, she disregarded basic security procedures and allowed a Jordanian double agent to blow up herself and her entire team. Baer, who spent 21 years in the Clandestine Service, claims that basic tradecraft was violated, “the most inexplicable error” being to have the double agent met by a committee — “informants should always be met one-on-one. Always.” He concludes that there is an institutional failure here — one that traces back to the 1990s, when John Deutch was director of CIA and devalued covert operators at the expense of analysts and other bookish types.  He concludes:

If we take Khost as a metaphor for what has happened to the CIA, the deprofessionalization of spying, it’s tempting to consider that the agency’s time has passed. “Khost was an indictment of an utterly failed system,” a former senior CIA officer told me. “It’s time to close Langley.”

I’m not prepared to go quite that far. The United States still needs a civilian intelligence agency. (The military cannot be trusted to oversee all intelligence-gathering on its own.) But the CIA—and especially the directorate of operations—must be stripped down to its studs and rebuilt with a renewed sense of mission and purpose. It should start by getting the amateurs out of the field. And then it should impose professional standards of training and experience—the kind it upheld with great success in the past. If it doesn’t, we’re going to see a lot more Khosts.

That sounds right to me. Since 9/11, the CIA has been greatly expanded, but has it been greatly improved? The evidence, of which the Khost bombing is the last example, suggests serious deficiencies that the agency, as currently constituted, may be incapable of addressing. For my part, I’ve suggested in the past that we revive the OSS — a civil-military outfit with a gung-ho spirit, little bureaucracy, and few rules that can focus on the war against terror while leaving lesser priorities (e.g., conducting economic espionage to help our trade negotiators) to someone else.

Flotsam and Jetsam

Jane Hamsher or Bill Kristol? “This bill will mandate that millions of people who are currently uninsured purchase insurance from private companies, or the IRS will collect up to 2% of their annual income in penalties. … The bill was written so that most Wal-Mart employees will qualify for subsidies, and taxpayers will pick up a large portion of the cost of their coverage. … In 2009, health care costs were 17.3% of GDP [but] in 2019 [under the] Senate bill [they'll be] 20.9% of GDP. … This bill does not bring down costs.”

The end of the Blue Dogs: “The party made a concerted effort in 2006 and 2008 to recruit candidates that could win moderate or GOP-leaning districts. That’s a key reason why Democrats won such big congressional majorities. But after forging a big-tent caucus, Speaker Pelosi has not governed that way. Instead, she pushed Blue Dog and other moderate Democrats to vote as if they represented her San Francisco district.” When the Republicans did this, I think the media narrative was that the party was risking majority support for ideological extremism.

Quin Hillyer channels the anti–Bart Stupak anger: “And if he thinks he will be ever live it down or be allowed to forget it, well, maybe he doesn’t think very well.”

How incompetent is NPR to get duped by a fake AIPAC release saying the group favors a settlement freeze? Doesn’t public radio know anything about AIPAC? Your tax dollars at work.

Marco Rubio is crushing potential opponents: “Former Florida House Speaker Marco Rubio for now runs well ahead in a three-way race for the U.S. Senate in Florida, should Governor Charlie Crist decide to run as an independent. The first Rasmussen Repots telephone survey of a potential three-candidate Senate race finds Rubio earning 42% support from likely voters in the state. Democrat Kendrick Meek picks up 25%, and Crist runs third with 22%. Eleven percent (11%) are undecided.”

Gov. Bob McDonnell on ObamaCare: “[T]his massive and complex piece of legislation allows the federal government to exercise control over one-sixth of the United States economy. … Most disconcerting is the provision mandating that every American must purchase health insurance or face a monetary penalty. … Just a few days ago I approved a bill, passed on a bipartisan basis, which prohibits mandatory insurance purchases for Virginians. Virginia’s Attorney General has rightly chosen to challenge the constitutionality of the federal mandate. I anticipate that he will be joined by a number of other states.” It now becomes an issue in every state race.

Yuval Levin on the latest regarding the Cornhusker Kickback: “That kickback was of course offered as an enticement to win the vote of Senator Ben Nelson, and to help him forget about his pro-life principles. Well lo and behold, Nelson has now announced that he opposes the reconciliation bill and will vote against it. Apparently it taxes and spends too much. It really renews your faith in politicians, doesn’t it?”

Not just a headache or fodder but potential grounds for prosecution: “The formidable Patrick Fitzgerald is leading a probe of Guantanamo Bay defense lawyers whom the CIA accused of giving detainees photos of CIA agents in an attempt to identify interrogators. … The investigation could be a headache for the Justice Department, and fodder for the attacks from Liz Cheney and others on the Guantanamo Bay lawyers.”

Perhaps Obama picked a fight on the wrong issue. Most Israelis think Bibi Netanyahu was aware of the decision to approve additional housing units in Jerusalem, but “most of those asked by the survey supported the view that construction in east Jerusalem should be treated like construction in Tel Aviv, despite the harsh criticism launched at the government over the recent diplomatic dispute with the US. Only a quarter of those polled believe the construction project should not have been approved, with 41% saying that only the timing was wrong. The number of people supportive of the construction in Ramat Shlomo neighborhood is twice that of its objectors.”

ABC staffers are grumbling over the hiring of Christiane Amanpour for This Week. Well, if it’s any consolation to the eminently qualified Jake Tapper, the criterion used was apparently “celebrity.” It certainly wasn’t objectivity. Or accuracy. Remember this one.

Holder’s No Good, Horrible Performance

As we’ve noted for sometime, Eric Holder is not exactly wowing either the Right or the Left. As Michael Gerson observes:

Attorney General Eric Holder is controversial on the left for preserving much of the Bush administration’s legal structure for conducting the war on terror. He is controversial on the right for overturning portions of that structure in ways that seem both clueless and reckless. But Holder is the most endangered member of the Obama Cabinet for a different reason: Just about everything he has touched has backfired.

We had the decision to release the enhanced interrogation memos and reinvestigate previously cleared CIA operatives. Result: widespread criticism. Then we had the recommendation to release the detainee-abuse photos. Result: countermanded. We had the advice to close Guantanamo prior to a full review. Result: stalled. We had the recommendation to relocate Guantanamo detainees to Illinois and to hold a public trial for KSM. Result: on hold. There was the Mirandizing of the Christmas Day bomber. Result: ridiculed. This week Holder suggested that we’d never capture Osama bin Laden, because, of course, we’d kill him if we found him. Result: rebuffed by two national-security officials. We also witnessed the ongoing legal persecution of John Yoo and Jay Bybee. Result: reversal by a career attorney who found gross incompetence within the Justice Department’s Office of Professional Responsibility. Then there is the race issue: the dismissal of the New Black Panther case and the accusation that we are a nation of ”cowards.” Quite a track record, eh?

As Gerson concludes:

Sometimes haplessness can provoke sympathy. But Holder mixes ineptness with self-righteousness. Critics of his questionable choices, he says, “cower.” They lack “confidence in the American system of justice.” But there is another possibility. Perhaps Holder’s critics — in Congress, in the country and even within the White House — just lack confidence in his judgment.

For now, Holder doesn’t appear to be in immediate peril, in no small part because he has been spared (with a Democrat-controlled Congress) the humiliating oversight hearings of the sort Alberto Gonzales received. But one doubts whether he’ll be around at year’s end. At some point, he and the Obami will want to cut their losses.

RE: Spokesman for Evil

The Leveretts are on quite a roll — blogs, interviews, speeches all spinning the mullahs’ rhetoric. But they’ve also developed a nasty habit of talking about covert operations. We saw a hint of that in their embarrassing interview with Michael Crowley. Now comes this in their latest straight-from-the-mullahs’-PR-office blog:

Iranian officials are not the only sources claiming that U.S. intelligence is linked to groups carrying out terrorist operations inside the Islamic Republic. Some Western media reports—citing former CIA case officers—say that there are links between Jundallah and U.S. intelligence; for example, see this widely noted story published by Seymour Hersh in The New Yorker in July 2008. Some of these reports say that Jundallah is one of a number of ethnic separatist groups (including Arab, Azeri, Baluch, and Kurdish groups) receiving covert support from the United States, as part of a covert campaign authorized during the George W. Bush Administration to press Tehran over the nuclear issue and destabilize the Islamic Republic.  For a recent discussion of the issue by a retired CIA officer, see here. As we ourselves have written, there is considerable evidence that President Obama inherited from his predecessor a number of overt programs for “democracy promotion” in Iran, as well as covert initiatives directed against Iranian interests.

As we have noted, Obama has done nothing to scale back or stop these programs—a posture that has not gone unnoticed in Tehran. We understand that, last year, the Obama Administration reviewed whether Jundallah should be designated a foreign terrorist organization, but decided not to do so. Why was that? And, even though the Muhahedin-e Khalq (MEK) retains its designation as a foreign terrorist organization, the Obama Administration continues to push the Iraqi government not to consider longstanding a longstanding Iranian request that MEK cadres in Iraq—which were granted special protective status by the George W. Bush Administration—be deported to Iran. Why is the Obama Administration trying to protect members of a U.S. government-designated terrorist group?

It’s one thing to cite other press reports, but what in the world are they doing speaking from their own knowledge of top secret operations? Really, it’s bad enough to shamelessly shill for the butchers of Tehran but do they also have to blab information they have no legal or ethical standing to discuss publicly? They then do a final bit of water-carrying, assuring us that it wasn’t the Iranians who reneged on the Vienna dealmaking:

It has become conventional wisdom in Western commentary that Iran “reneged” from its commitment to a “swap” arrangement for refueling the TRR and “rejected” the generous ElBaradei proposal because of internal political conflicts that have left the leadership too divided to take clear decisions about important foreign policy matters. We have challenged this conventional wisdom, pointing out that, since the Vienna meeting in October, Foreign Minister Manouchehr Mottaki has consistently stressed Iran’s “positive view regarding the essence and nature of the [ElBaradei] proposal”, but wanted to negotiate specific details of the “swap”, regarding timing—in particular, when Iranian LEU would need to be turned over to the IAEA and when new fuel for the TRR would be delivered, where Iranian LEU would be held pending delivery of new fuel for the TRR, and how much LEU Iran would need to swap for a given amount of finished fuel.  More strategically, we have argued that Iran’s reaction to the ElBaradei proposal was inevitably conditioned by the ongoing insistence of the United States and its British and French partners on “zero enrichment” as the only acceptable long-term outcome from nuclear negotiations with Tehran.

A fine week indeed for the mullahs’ PR operation.

Flotsam and Jetsam

The ObamaCare votes don’t seem to be there. Could those “votes” have figured out that they are the sacrificial lambs in the Obami’s game plan?

Well, as Steny Hoyer says, “At this point in time we don’t have a bill. … It’s a little difficult to count votes if you don’t have a bill.”

Republicans can’t quite believe their good fortune. “First, it has allowed what is a relatively fractious group of Republicans Senators to appear entirely united — a sharp contrast to the divisions that have played out publicly between the moderate and liberal wings of the Democratic party. Second, Republicans argue, the health care focus is the main reason for the abandonment of Democratic candidates by independent voters in gubernatorial elections in Virginia and New Jersey as well as in Sen. Scott Brown’s (R) special election victory in January.”

You need a lineup card: Rangel is out, Stark is out: “Rep. Sandy Levin (D-Mich.) will be the acting chairman of the Ways and Means Committee, Speaker Nancy Pelosi (D-Calif.) announced to her caucus on Thursday. … [Rep. Pete] Stark was the next in line for the post in terms of seniority, but some panel members recoiled at the idea of his leading the committee. Stark is known for making controversial and eccentric remarks, and in 2007 he apologized on the House floor for comments about President George W. Bush and the Iraq War.”

Phil Klein proves once again that all wisdom is contained in the Bible and The Godfather (I and II, definitely not III). It’s the Frankie Pentangeli moment — get the brother. “Obama has just awarded a judicial appointment to the brother of Utah Rep. Jim Matheson, who voted against the health care bill in November but who is now undecided.”

DNC chairman Tim Kaine says that something other than merit may be at work here. After all, “Life is life.” I imagine Republicans are collecting these pearls for their ad campaigns.

Speaking of criminal intrigue: did the White House violate federal statutes by dangling federal jobs in front of Joe Sestak and Andrew Romanoff to try to get them out of Senate primaries? “The real question, of course, is whether Eric Holder, who was so quick to reopen an investigation into CIA employees dedicated to trying to protect this country, will open an investigation into his political patrons in the White House who, in their dedication to furthering political objectives, may have violated several federal criminal laws.” I’m not holding my breath either.

I think there’s something to Megan McArdle’s theory of the Democrats’ scandal-a-thon: “The more members you have, the more members you have who can do something disastrous to your party’s public image. … Any party is going to have a given percentage of people in it doing fairly appalling things. If you up the numbers, and the transparency, you get about what we’re seeing now. And no doubt will see again, once the Republicans are back in power. ” Which will be fairly soon, many predict.

Andrew Roberts (a COMMENTARY contributor) goes after his own Israel-bashing Financial Times on its coverage of Mahmoud al-Mabhouh’s assassination: “All that the Dubai operation will do is remind the world that the security services of states at war — and Israel’s struggle with Hamas, Fatah and Hizbollah certainly constitutes that — occasionally employ targeted assassination as one of the weapons in their armoury, and that this in no way weakens their legitimacy. … The intelligence agents of states — sometimes operating with direct authority, sometimes not — have carried out many assassinations and assassination attempts in peacetime without the legitimacy of those states being called into question, or their being described as ‘rogue.’ … No, that insult is reserved for only one country: Israel.”

Blaming Bush — Enough Yet?

Victor Davis Hanson detects a lessening of the Blame Bush fetish that has gripped the Obami. Why? He postulates:

Two reasons: 1) Obama has copied Bush on almost all the anti-terrorism protocols that worked, such as tribunals, renditions, Patriot Act, Iraq, Afghanistan, Predators, wiretaps and intercepts. And to the extent he has not — a trial for KSM in New York, a witch hunt against the former CIA interrogators, Miranda rights for the would-be Christmas Day bomber, proposed closing of Guantanamo — the people wonder: what in the hell is this guy doing? 2) Obama turned Bush’s misdemeanors, like deficits, borrowing, and new government programs, into felonies. So in comparison, Bush doesn’t look quite so bad now: next time Obama plays the “Bush Did it” card, the public will think either “Thank God” or “Yeah, but not as badly as you did”.

I’m not so confident that the Bush blaming is over, though Hanson aptly explains why it should be. And there are other reasons why Obama should abandon this tactic.

In addition to the grounds Hanson lists, there is another, more fundamental reason why Obama should stop: it’s embarrassing. It simply reinforces the meme that Obama isn’t very presidential. Petulant? Certainly. Condescending? Definitely. But presidential – meaning above-the fray, decisive, appealing to the better angels of our nature, and careful to use only the best and most accurate data? Hardly.

George W. Bush’s utter lack of criticism of Obama (to the frustration of many conservatives and loyal members of his administration) simply reinforces the smallness of the current Oval Office occupant. Perhaps Bush’s criticism would have fallen on deaf ears because the public was not yet ready to hear from him. But whatever the motive for the silence, it has certainly reinforced the contrast between the two presidents: one has moved on, and the other repeatedly evokes the past to excuse and justify his own shortcomings.

Finally, Obama ran as the transformational president who would sweep aside the past and conduct business in a whole new way. By blaming Bush, he is admitting that he has been spectacularly unsuccessful in changing much of anything. He in essence concedes by blaming Bush that he is trapped in the third Bush term. But the least changey thing a president can do is blame others, especially when he enjoys large congressional majorities and a more forgiving mainstream media than most presidents encounter.

We’ll see if Hanson is right and if Obama gives up the Bush fixation. But if he does, who will he blame for the crummy state of his presidency? Maybe a staff shake-up is in order.

Flotsam and Jetsam

Senate candidate Dan Coats thinks Obama is getting ready for a containment strategy for Iran, and he doesn’t like it: “Coats said the ‘only option’ left to prevent Iran from developing nuclear weapons is the threat of military action. Coats said most Americans agree that Iran must not be allowed to have such weapons, even though Iranian leaders continue to press forward with their nuclear program. … ‘If it’s unacceptable, what are we going to do? … And now it seems we’re being asked to accept the unacceptable.’”

Democrats tried going after the CIA again, determined to criminalize interrogation techniques: “If this Act becomes law (it may have already been killed in Congress at the time of this writing), it will surely cause confusion for interrogators who want to know where the line is, precisely, lest they be thrown in jail. This creates risk aversion among interrogators where none is warranted.”

Liz Cheney objected: “American intelligence officers do not deserve this kind of treatment from the government they honorably serve. Day in and day out, they protect our country and make difficult decisions–at times in matters of life and death. In return for their service the government rewards them with little pay and no acknowledgement of their heroic actions. Democrats in Congress now want to threaten them with criminal prosecutions and deprive them of valuable tactics that protect America.”

And Democrats pulled the bill.

Larry Sabato (h/t Jim Geraghty): “The Crystal Ball moves five Democratic seats from a “safe” rating onto our list of competitive races: KY-6 (Ben Chandler), MA-10 (Bill Delahunt), OH-13 (Betty Sutton), SC-5 (John Spratt), and VA-9 (Rick Boucher). In addition, two already competitive races for Democrats look even worse than before—IA-3 (Leonard Boswell) and IN-8 (OPEN, Brad Ellsworth)—and two Republican incumbents have improved their reelection prospects—AL-3 (Mike Rogers) and CA-44 (Ken Calvert).”

The Orthodox Union is upset with the Obama administration for criticizing the Heritage Plan, under which Israel will invest $100 million in rehabilitating historic and religious sites throughout Israel. Netanyahu included among the sites the Tomb of the Patriarchs in Hebron and Rachel’s Tomb in Bethlehem. Palestinians objected, and then the State Department chimed in and called the inclusion of such sites “provocative.” The OU responded: “It is not ‘provocative’ to invest in and rehabilitate holy/historic sites — that are open to both Jews and Muslims. Nothing PM Netanyahu has proposed precludes a peace agreement. It is provocative for the Palestinians to assert that there is no Jewish connection to these sites and for them to use this as yet another false basis for refusal to engage in peace negotiations.”

Peter Kirsanow of the U.S. Commission on Civil Rights: “In equating high-risk pools to racial segregation, Senator Harkin not only betrays his ignorance of history and his tone-deafness, but a disconcerting obliviousness to the contents of the Democrats’ own health-care plan. In fact, the U.S. Commission on Civil Rights has sent two letters to Congress and the president detailing the various discriminatory provisions in the Democrats’ health-care plan. It’s often said that the party who first invokes Hitler has lost the argument. In this case, the party who first invoked racial discrimination has lost perspective, if not his senses.”

Part of Obama’s problem: “At the very same hour as Obama is talking about his beloved healthcare plan, out come surprising new federal numbers showing that last week new J-O-B-L-E-S-S claims unexpectedly went up — as in more of them — to nearly a half-million, 22,000 more than the previous week. And nearly 8% higher than the expected 460,000 new claims.”

Politico on Tom Campbell’s Sami Al-Arian problem: “A bespectacled former college professor who has pleaded guilty to aiding the group Palestinian Islamic Jihad helped tip the balance in a 2004 Senate contest in Florida. Now, six years later, Sami Al-Arian could be on the verge of doing it again, this time in California. Republican Senate hopeful Tom Campbell, a former congressman, has come under sustained attack on conservative websites and from his rivals in recent days for taking a campaign donation from Al-Arian in 2000, for backing legislation Al-Arian was lobbying for at the time and for allegedly being a less-than-steadfast supporter of Israel.”

JTA is into it too, noting how inappropriate it is for Campbell to use a selective quote from a letter of the late and very great friend of Israel Tom Lantos: “Using Lantos’ letter to bolster Campbell’s case is really icky.”

Yoo Gets the Last Word

John Yoo is entitled to dance a jig on the grave of Eric Holder’s credibility. And he does. He sums up the ludicrous witch hunt conducted by the Office of Professional Responsibility, which examined whether he and Jay Bybee violated their ethical obligations in providing legal advice on enhanced interrogation techniques:

Rank bias and sheer incompetence infused OPR’s investigation. OPR attorneys, for example, omitted a number of precedents that squarely supported the approach in the memoranda and undermined OPR’s preferred outcome. They declared that no Americans have a right of self-defense against a criminal prosecution, not even when they or their government agents attempt to stop terrorist attacks on the United States. OPR claimed that Congress enjoyed full authority over wartime strategy and tactics, despite decades of Justice Department opinions and practice defending the president’s commander-in-chief power. They accused us of violating ethical standards without ever defining them. They concocted bizarre conspiracy theories about which they never asked us, and for which they had no evidence, even though we both patiently—and with no legal obligation to do so—sat through days of questioning.

OPR’s investigation was so biased, so flawed, and so beneath the Justice Department’s own standards that last week the department’s ranking civil servant and senior ethicist, David Margolis, completely rejected its recommendations.

But who is ultimately responsible for this three-ring circus? The attorney general, of course. “Attorney General Holder could have stopped this sorry mess earlier, just as his predecessor had tried to do.” Yoo then describes the efforts of outgoing Attorney General Michael Mukasey and his deputy Mark Filip to critique the OPR’s sloppy work and end the investigation before they left office. But OPR “decided to run out the clock and push the investigation into the lap of the Obama administration.” And Holder let the investigation churn on and on until it was apparent that its work could not be defended and that the Justice Department risked humiliation were it to follow OPR’s error-ridden recommendation. Finally, David Margolis was brought in to clean up the mess, reverse the recommendations of OPR, and do what Holder could have done on his first day on the job: end the entire inquiry.

Yoo makes a key point: this is not simply about the persecution of two fine lawyers. It’s not even about the untold damage done to the Justice Department, which may find it difficult to find top-flight attorneys willing to stake their careers and savings by rolling the dice that some future administration won’t second-guess and investigate them. No, as Yoo points out, it’s about stopping the Justice Department from actively interfering with the serious business of the fighting a war against Islamic terrorists. (“Ending the Justice Department’s ethics witch hunt not only brought an unjust persecution to an end, but it protects the president’s constitutional ability to fight the enemies that threaten our nation today.”)

Now Holder needs to end the equally spurious reinvestigation of CIA agents who utilized enhanced interrogation methods and whom career prosecutors had previously declined to prosecute. And then he might reconsider whether Mirandizing terrorists and giving jihadists public trials are really helping us win a war. Or is it “criminal warlike activities“? That’s the problem, all right. And if Holder can’t give up the pipe dream of running a war from the ACLU handbook and conducting witch hunts to please the MoveOn.org crowd, Obama should find an attorney general who will.

A Big Fish Caught in Afghanistan

No one should be fooled into thinking that the capture of Mullah Abdul Ghani Baradar, the Taliban’s No. 2 commander, will end the insurgency in Afghanistan — any more than the death of Abu Musab al-Zarqawi in 2006 ended al-Qaeda in Iraq’s reign of terror. In fact (a sobering thought!), violence in Iraq only intensified after Zarqawi’s death, which occurred at the hands of the secretive Joint Special Operations Command, containing America’s top commando units. Nevertheless, Baradar’s capture, which was apparently carried out in Karachi by the CIA in cooperation with Pakistan’s Inter-Services Intelligence, will deal a major blow to the Taliban, at least over the short term. His importance is summed up in this Newsweek article:

Baradar appoints and fires the Taliban’s commanders and governors; presides over its top military council and central ruling Shura in Quetta, the city in southwestern Pakistan where most of the group’s senior leaders are based; and issues the group’s most important policy statements in his own name. It is key that he controls the Taliban’s treasury — hundreds of millions of dollars in narcotics protection money, ransom payments, highway tolls, and “charitable donations,” largely from the Gulf. “He commands all military, political, religious, and financial power,” says Mullah Shah Wali Akhund, a guerrilla subcommander from Helmand province.

No doubt Baradar will be replaced but that will take a while and, in the meantime, Taliban operations will be disrupted just as the U.S. troop surge is getting underway and the offensive aimed at Marjah, a major Taliban stronghold in Helmand Province, is nearing the completion of its initial stages. The timing couldn’t be better. We can only hope that his interrogators make Baradar talk, which is probably more likely given that the ISI is not bound by the sort of restrictions on interrogation that the Obama administration has imposed on our own spooks. Nor, it should be added, will Baradar be read his Miranda rights — a sign of how differently we treat terrorists captured abroad compared with those who manage to make it to American soil.

Perhaps the most hopeful thing about Baradar’s capture is what it portends not about the future of Afghanistan but rather of Pakistan. Until now, Pakistani officials have been willing to go after the Pakistani Taliban, who pose a direct threat to their rule, while ignoring, or even subsiding, their Afghan brethren, who are seen as a tool of Pakistani foreign policy. Thus the Afghan Taliban have been allowed to operate with impunity in Quetta and other Pakistani cities. Let us hope that this operation signals a lasting change of attitude on the part of Islamabad. If it does, that will make the threat in Afghanistan much more manageable while also increasing the long-term prospects of defeating the Islamist insurgency in Pakistan.

Cut the Gordion Knot, Already

Last week, Iranian President Mahmoud Ahmadinejad promised to deliver a “telling blow” against “global powers” on Feb. 11, the 31st anniversary of the Islamic Revolution, and yesterday, right on schedule, we found out what that blow was. Iran, he boasted before a bussed-in crowd, is now a “nuclear state.” He and his Revolutionary Guards have not yet built a nuclear weapon, but they have — assuming they’re telling the truth — made enormous progress by enriching uranium at the crucial 20 percent threshold.

Yet while millions of Iranians are in open rebellion against their own hated government, the United States is still making policy as if they did not exist. Obama administration officials are ready to impose sanctions, but they’re doing it for the wrong reason. Sanctions, a senior official said, are “about driving them back to negotiations because the real goal here is to avoid war.”

All of us — Left, Right, and Center — worry about war with Iran. “Doves” hope to skirt a small- or medium-sized conflict, while “hawks” dwell on the threat of nuclear war. Doves would rather Iran get the bomb than go to war, while hawks would back anti-government demonstrators or destroy the weapons facilities outright. Every approach is risky, and I don’t know which is best, but this much is all but certain: we won’t be in the clear until the leadership, and perhaps the whole state, is replaced.

Sanctions might help at this point, but negotiations — which the unnamed official hopes to return to — will not. Resistance is at the core of the regime’s ideology. Expecting Ahmadinejad and Khamenei to give that up is like asking Fidel Castro to scrap socialism or Benjamin Netanyahu to let go of Zionism. The odds of it happening are near zero. If that was unclear a year ago, it shouldn’t be now.

No one can know if Iran’s opposition will topple the government, but the odds of it happening are well above zero. If Ahmadinejad and Khamenei bolt the country next month, will anybody really be all that surprised? It would look obvious and inevitable in hindsight. Pessimists say the regime is durable, and maybe it is, but communist governments in Europe looked that way, too, and they weren’t. CIA analysts said it about Iran’s shah in 1979, and they were wrong.

A civilian nuclear-energy program in a secular and moderate Iran won’t be a fraction as troubling as the current nuclear-weapons program in Khomeinist Iran. Politically moderate Iranians won’t nuke Israelis, Arabs, or anyone else, and they’re a lot less likely to even build the bombs in the first place. At the same time, Iran’s Islamic Republic regime has been a toxic menace in the Middle East for 31 years, even without nuclear weapons. It’s the biggest state sponsor of terrorists in the world, it has already ignited a number of conflicts, and it is not going to stop. If the goal here is to avoid war, as the administration says, even if the weapons program is mothballed, it won’t be enough. The rulers themselves are the problem.

Regime change is the bold stroke that would cut the Gordian Knot. It would decapitate the Iranian-Syrian-Hamas-Hezbollah resistance bloc. Jerusalem, Beirut, Baghdad, Tehran, Cairo, Riyadh, and Gaza would all breathe easier. As Reuel Marc Gerecht wrote two days ago, “A democratic revolution in Tehran could well prove the most momentous Mideastern event since the fall of the Ottoman Empire.”

William Kristol wonders if the phrase “regime change” makes the administration uneasy, if it reminds the president and his advisers too much of George W. Bush. Maybe it does, although it shouldn’t — not if regime change comes from within rather than at American gunpoint.

Obama need not transform himself into a Reagan or Bush. If “regime change” tastes bitter, what’s wrong with hope and change in Iran? Instead of cajoling Khamenei — who will never negotiate in good faith — the president need only ask himself the following question when presented with policy options from his advisers: will this or won’t this shorten the lifespan of that government?

McConnell vs. Obama on Terror Policies

This Politico report pronounces:

Senate Minority Leader Mitch McConnell has settled in on his election-year strategy: Identify issues that unite his caucus but divide the other party, then use them to drive a wedge between the White House and congressional Democrats. At the top of his list: the administration’s handling of terrorism cases.

Well, it could be, you know, that McConnell, as most conservatives do, actually believes that the Obama terrorism policies are dangerous and unworkable and opposes them not as part of an election stunt but because he thinks it’s folly to close Guantanamo, try KSM in America, declare war on our CIA, cease enhanced interrogation techniques, and Mirandize terrorists. Politico nevertheless picks up and runs with the Obami line here — namely, that the Republican opposition to Obama’s terrorism policies is “political” rather than principled. The normal process of seeking bipartisan support to achieve policy goals is transformed into political gamesmanship in Politico’s account: “McConnell hopes moderate Democrats will join Republicans in blocking funding for any civilian trials of terrorism suspects — a would-be GOP victory the party’s candidates could trumpet on the campaign trail throughout this election year.”

Well, if McConnell’s issue has political legs, it is because the Republican opposition to Obama’s policies has tapped into a great unease among Americans about Obama’s approach to the war waged by Islamic fascists on our civilization. But rather than address the factual anomalies in the Obami’s ever-changing accounts or consider the public attitude toward the same, Politico is content to re-run a common bit of Obami spin: the Republicans are the party of “no,” obstructionists and craven political creatures.

McConnell has from the get-go led the charge against Obama’s misguided policies. He did it in a non-election year and when Obama’s approval ratings were in the 70s. And he’s doing it now. If it has the benefit of rallying conservatives and independents who have recoiled against the criminalization of our approach to terrorism, there is nothing nefarious in that. This is how politics works and how, in a democratic system, the governing majority is tempered and turned away from extreme and foolhardy policies.

But Politico — the insiders’ guide to the Beltway — does us a favor by giving us a peek at just how the Obami look at these things. There is never any soul-searching on the merits of their policy choices and or any inclination to credit the opposition with raising legitimate criticism. It is what has gotten the Obami in trouble and what will prove to be their undoing. If McConnell succeeds in stopping the Obami in their tracks, Politico would deem that outcome a “political win.” The rest of us would consider it a boon to the safety and security of the American people.

A Matter of Priorities

Cliff May notices an outbreak of bipartisanship on Iran sanctions, which passed the Senate unanimously last week and followed passage of a similar measure in the House by a 412-12 margin:

The sanctions bills that have passed Congress would target a chink in Iran’s armor: its dependence on gasoline imports. Yes, ordinary Iranians will suffer as fuel becomes scarce and more expensive. But President Obama is articulate enough to explain where the blame belongs. He could add that Americans look forward not just to lifting the sanctions but to working with Iranians in a spirit of cooperation — as soon as Iran has leaders interested in such relations. It would be useful if the president also provided both moral and material support to those Iranians who have been marching in the streets, chanting: “Obama! Are you with us or against us?”

But, as May notes, it’s far from clear that Obama is part of that bipartisan consensus and would use the sanction authority. He and his dutiful secretary of state have, after all, consistently talked about “leaving the door open.” Hillary Clinton is winnowing down those crippling sanctions in order to minimize their impact — so we can leave the door open, you see. The January deadline came and went with no pronouncement from the White House or Foggy Bottom. It’s as if nothing has changed, and “consequences” are always around the bend for the mullahs should they not change their tune.

It is odd that a president who thinks of himself as so transformative would be so lackadaisical if not hostile toward regime change. You would think this might be his opportunity — finally — to be not Bush (who frankly kicked the can down the road on Iran during his administration) to good effect. It is nothing less than the chance to turn the tide of history. As May notes:

In 1979, Iran’s Islamist revolution was the spark that set off the war against the West that has raged ever since. The atrocities of Sept. 11, 2001, represent the most devastating battle — so far. The advent of a nuclear-armed and jihadist Iran would escalate the conflict. By contrast, an Iranian government more concerned with the welfare of its citizens than with power and conquest would ease tensions in the Middle East and beyond. If President Obama contributes to that result, he will deserve — and receive — support from both sides of the aisle.

Perhaps the president’s advisers have convinced him that the Iranian demonstrators have “little chance for success.” But as Eli Lake points out, these sorts have not had a great track record when it comes to predicting events in Iran. (“The U.S. intelligence community in the past failed to predict political events in Iran. For example, a noted CIA assessment of Iran in the fall of 1978 predicted there was no prospect for an Islamic revolution — a prediction that proved wrong within five months.”) Nevertheless, it might be just the advice Obama is looking for — confirmation that doing not much of anything to aid the democracy advocates is the ”smart” diplomatic move.

One suspects, however, that Obama is simply unwilling to give up his singular focus on the domestic revolution he cares most desperately about — the creation of a “new foundation” — to engage in a historic undertaking overseas. It is a cramped, inward vision that supposes that America doesn’t have much of a role to play beyond its shores. We’ve got health care to reinvent and light-rail programs to fund. And there’s the “real” menace — global warming. (If you ignore all those e-mails.) Yes, and meanwhile Iranians die in the streets and the mullahs move closer to nuclear-weapons capability. It is, I suppose, simply a matter of priorities.

Re: Time to Throw Holder Under the Bus

The Washington Post editors actually like the idea of a civilian trial for KSM, but not even they can defend the incompetence of Eric Holder. They write:

The failure to solicit input from the Bloomberg administration is inexcusable. Federal prosecutors normally do not — and are not required to — consult with local jurisdictions before filing charges. But this is not a typical case, and New York is not a typical venue.

The breach of common sense also goes a long way toward explaining why Mr. Bloomberg changed his mind about the wisdom of holding a trial in Manhattan after his administration conducted its own review and crafted a security plan.

Holder’s lack of due diligence does not extend merely to the trial’s logistics. You will recall that when testifying shortly after the decision had been made, he seemed not to have considered how serious was the break from past legal precedent nor consulted with anyone with past experience in terrorism trials. Likewise, when he made the decision to reinvestigate CIA operatives who employed enhanced interrogation techniques, it does not appear that he consulted with career prosecutors who previously had declined to prosecute. Holder also did not review their declination memos, which set forth the reasons why successful prosecutions could not be obtained. And let’s not forget that the Justice Department told the president he had to release the detainee-abuse photos, only to see a perfectly acceptable solution be devised to prevent their release once a firestorm of protest erupted.

There are two explanations for such serial malpractice. First, he may have an incompetent or hopelessly biased staff that failed to present complete information and raise key issues for Holder’s consideration. Second, he may not care about getting the law right so long as he is doing the bidding of the Left’s extreme agenda and furthering what he perceives are the president’s policy goals. In either case, there is no excuse for an attorney general who gets the law wrong and continually embroils the administration in one fiasco after another.

Holder is, in a very real sense, becoming as much of a liability to Obama as Alberto Gonzales was to George W. Bush. The difference, of course, is that Obama is still early in his presidency, with an unfulfilled agenda and ample time to recover his political standing. Now, of course, Bush eventually fired Gonzales and replaced him with one of the most distinguished men to occupy that office. Maybe this is one time Obama should follow his predecessor’s example.

Flotsam and Jetsam

Not content to lose just Massachusetts, key Democrats want to keep at ObamaCare negotiations: “There is a still sizable contingent of Democrats who continue to believe failure is not an option, even though their voices have been softer since the Senate loss in Massachusetts. Obama, Pelosi and Reid, by all accounts, still agree with this thinking and remain sincerely committed to pushing ahead. Most Democrats have already voted for the bill, making them more invested in finishing the job than their counterparts were in 1994.”

No, honest: “President Obama’s campaign to overhaul the nation’s healthcare system is officially on the back burner as Democrats turn to the task of stimulating job growth, but behind the scenes party leaders have nearly settled on a strategy to salvage the massive legislation. They are meeting almost daily to plot legislative moves while gently persuading skittish rank-and-file lawmakers to back a sweeping bill.” They would be skittish, of course, because  two-thirds of the country hates the legislation.

But you can understand that Democrats want to run on something other than failure: “The $700 billion bailout program for the financial industry has so far done little to boost bank lending, aid small businesses or reduce home foreclosures, a top government watchdog said in a report. Neil Barofsky, the special inspector general over the Troubled Asset Relief Program (TARP), said in a report that while the bailout has helped stabilize the financial system, many of the program’s original goals have not been met.”

And they probably don’t want to run on their fiscal management because: “the White House expects the annual gap between spending and revenue to approach a record $1.6 trillion this year as the government continues to dig out from the worst recession in more than a generation, according to congressional sources. The red ink would recede to $1.3 trillion in 2011, but remain persistently high for years to come under Obama’s policies.” Yes, the spending “freeze” is really just for show.

And their good-government pledges are nothing to brag about: “The recent awarding of a lucrative federal contract to a company owned by a financial contributor to the Obama presidential campaign — without competitive bidding — ‘violated’ President Obama’s many campaign pledges to crack down on the practice, a top State Department official told Fox News.”

Seems the voters don’t think Obama gets a B+: “Just 19% of voters nationwide believe that President Obama achieved most of his goals during his first year in office. A new Rasmussen Reports national telephone survey finds that 70% hold the opposite view and say he did not accomplish those goals.”

Former CIA director Michael Hayden has convinced Diane Ravitch of Brookings: “I realized that Eric Holder has misplaced priorities. He Mirandizes suspected terrorists (alleged terrorists, that is), and vigorously pursues CIA agents. Holder should go.”

Conservatives should give the president some credit: “It took a year, but one bright spot in President Obama’s State of the Union was that he bothered to say nice things about trade. ‘We have to seek new markets aggressively, just as our competitors are,’ he said. ‘If America sits on the sidelines while other nations sign trade deals, we will lose the chance to create jobs on our shores.’” Now let’s see if Obama’s party will move trade deals through Congress.

Time to Throw Holder Under the Bus?

Appearing on Fox News Sunday, Sen. Evan Bayh, perhaps hearing footsteps back home in an election year, said of the KSM trial that it ”sounded good in theory way back when but, in practice, it just was not the right thing to do.” When pressed by Chris Wallace, he stated he would not vote for the $200 million or so needed for a civilian trial for KSM. He was not alone in criticizing the administration:

Republican Congressman Paul Ryan of Wisconsin argued these are the wrong decisions.  “We should have learned from the mistakes we made in the past.  We shouldn’t be Mirandizing foreign terrorists.  We should send them to military tribunals.  $200 million is about four times the startup cost of Guantanamo in the first place.”

Similarly, Republican Senator Lamar Alexander accused Attorney General Holder of “doing a better job of interrogating CIA employees than he is of interrogating terrorists.”

“He’s not making a distinction between enemy combatants, the terrorists who are flying into Detroit, blowing up plans, and American citizens who are committing a crime,” he added.

Alexander went so far as to call for Holder to step down.

Meanwhile, the administration’s official flack did not exactly give a ringing endorsement of either the KSM trial or of Holder himself. Appearing on CNN, Robert Gibbs would only say:

“He will be brought to justice, and he will likely be executed for the heinous crimes he has committed. … That you can be sure of.”

But he dodged repeated questions by CNN host John King about whether the administration might shift the venue back from federal court in New York to a military court, finally saying that “The attorney general believes the best place to try him is in an American courtroom,” but not committing to that option…

“We are talking with the authorities in New York,” Gibbs said. “We understand their logistical concerns. We have been discussing that with them.”

So this is all the attorney general’s idea, you see. Not exactly the “buck stops here” sort of decision-making we were assured we’d get from Obama. But aside from the lack of presidential accountability and candor (who believes Holder made this monumentally dumb decision with no input from the White House?), it does leave open the potential for a serious revision in personnel and policy.

There is wide consensus that the decision to try KSM in federal court in New York was a blunder. Suddenly, the wonders of military commissions have been rediscovered. The handling of the Christmas Day bomber is likewise the subject of broad criticism. Who is at the center of these and a host of other ill-advised decisions on the war on terror? Well, the president, of course, but he’s not going anywhere for three years. His attorney general, however, has had quite a run and is fast becoming a liability for the administration. What better way to pivot and restore some bipartisan credibility than to throw Holder under the proverbial bus?

We’ve learned that it takes a lot to get fired by Obama. But if anyone has earned that fate, it is Holder. His departure would earn praise from conservatives at a time when Obama is struggling to demonstrate some bipartisanship. It would suggest that there is hope yet for this administration to steer back toward the Center of the political spectrum and away from the netroot agenda that has proven utterly unworkable and politically toxic.