//  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 . . . . 


Are We All Textualists Now?

12/5/18  //  Commentary

Trump's executive order closing the government today out of respect to George H.W. Bush violates the plain text of a federal statute. If we really were all textualists now, that would be taken seriously.

Neil J. Kinkopf

George State University College of Law

Thoughts on Roberts and Trump

11/26/18  //  Quick Reactions

We have at once a highly political appointment process and a strong judicial ethos of being above politics.

Zachary Price

U.C. Hastings College of the Law

Versus Trump: Versus Whitaker (JH solo)

11/15/18  //  Uncategorized

On this week's episode of Versus Trump, Jason has a solo episode where he talks about a motion by Maryland contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!

Jason Harrow

Equal Citizens