//  7/24/17  //  Commentary

I recently published an op-ed in the LA Times addressing a troubling development under Trump: efforts to re-privatize the military. You can read the full op-ed here. It concludes: "Sometimes, war is inevitable. But the decision to engage militarily should remain the hardest decision a president has to make. Kushner and Bannon should remember that before presenting President Trump with the seemingly easy option of dispatching contractors—especially since that initially pain-free path proved so agonizing the last time we took it." 

Here is an excerpt:  

Fearful of repeating the foreign policy mistakes of the George W. Bush and Obama administrations, top Trump aides Jared Kushner and Stephen K. Bannon have recently turned to Erik Prince and Stephen Feinberg for help. According to a report in the New York Times, Prince, the founder of Blackwater, and Feinberg, the CEO of the holding company that owns DynCorp, are championing private military alternatives to a recommitment of uniformed personnel in Afghanistan.

There is a lot going on in this still-developing story. Let’s focus on two.

First, if Kushner and Bannon don’t want to repeat the mistakes of the past, why would they turn to two of the most prominent — and controversial — figures in private military contracting?

Have they so quickly forgotten all the fiscal, operational and diplomatic headaches contractors caused in Iraq and Afghanistan? All the instances of contractor fraud and overbilling, to the tune of tens of billions of dollars? All the abuses, irksome and monstrous, including the flagrant disregard for the cultural sensitivities of the occupied people; the killing of unarmed civilians (in what the U.S. Department of Justice called a wartime atrocity); the degradation, humiliation and even waterboarding of detainees? All the ways in which contractors alienated, even radicalized, local populations? (Recall that the friendly governments we installed in Baghdad and Kabul insisted on Blackwater and its ilk leaving their countries; the criminal prosecutions, congressional investigations and administrative penalties; and, of course, Prince’s hightailing it out of the United States in 2010, perhaps a half-step ahead of the law.

Moreover, have they forgotten all the ways in which an outsourced war is a perniciously unaccountable one, divorced from our democratic military and its long-inculcated values and commitments?

Second, why are Kushner and Bannon formulating military strategy? Bannon and Kushner are reportedly intent on giving the president alternatives to the advice put forward by the likes of Pentagon chief James Mattis and national security advisor H.R McMaster. We’ve been down this road, too. Remember the George W. Bush administration’s kettle of chicken hawks? They squeezed out Secretary of State and former Joint Chiefs Chairman Colin Powell from major policy decisions and, often, ignored the concerns of the militaryleadership.

Yet folks such as Dick Cheney and Paul Wolfowitz look like Sun Tzu and Carl von Clausewitz compared with Kushner and Bannon. Kushner has zero military or foreign policy experience. Bannon’s experience has been confined to service as a junior naval officer and a short stint on the National Security Council — before McMaster summarily removed him as utterly unqualified.

On this issue, Kushner and Bannon ought to defer to Mattis and McMaster, two of the very few Trump appointees who remain well liked and respected. Mattis and McMaster are career senior military officers and, reportedly, want nothing to do with the private military CEOs whose involvement was all too apparent and destructive under Presidents Bush and Obama . . . . 


The Constitutionality of the 5-5-5 Supreme Court Plan

5/17/19  //  Commentary

It would be constitutional to have a 15-person Supreme Court consisting of five Republican-affiliated justices, five Democratic-affiliated Justices, and five more justices unanimously selected by the first ten from judges of the federal court of appeals for a single-year term

Daniel Epps

Washington University Law School

Ganesh Sitaraman

Vanderbilt Law School

When You Have Five, They Let You Do Whatever You Want

5/14/19  //  In-Depth Analysis

While several of the essays in the edited collection of Reproductive Rights And Justice Stories talk about social movements that have influenced the law, some recent events suggest we should have those discussions without losing our focus on courts themselves

Leah Litman

U.C. Irvine School of Law

Fiscal Hardball: House Democrats Need to Use Their Appropriation Authority to Reign in the Out-of-Control GOP

5/13/19  //  Commentary

By Eric J. Segall: The Democrats in Congress hold the power of the power of the pursue and they should use it to address norm breaking behavior by President Trump (and his GOP allies)

Take Care