"Nothing but Heartaches" by the Supremes

by Rick Francona

No, it’s not the 1965 hit single by the Motown recording group, but a potentially disastrous recent ruling of the United States Supreme Court (Boumediene v Bush). This creative interpretation of the law in effect gives enemy combatants captured in the act of fighting American troops on a battlefield halfway around the world the same rights in federal courts as American citizens.

This is the court's third attempt to hamstring the American military in the fight against terrorism. In 2004’s Rasul v Bush, they ruled that U.S. laws did apply to detainees held at Guantanamo. Although the treaty with Cuba over Guantanamo Bay grants the United States "complete jurisdiction" over the base while Cuba has "ultimate sovereignty,” the court found that Guantanamo was "effectively part of the United States." I wonder if they ran that by Fidel Castro?

In 2006, they sided with Usamah bin Ladin’s former driver, declaring in their review of Hamdan v Rumsfeld that the military commissions proposed by the Department of Defense did not have Congressional approval and were thus an insufficient means of determining the status of individual detainees. In direct response to the court’s recommendation, Congress enacted legislation establishing the military commissions to remedy that finding.

Surprisingly, Congress doing specifically what the court suggested was not enough. In this recent ruling, five of the justices decided that stateless fanatic zealots determined to kill Americans with impunity anywhere in the world, are entitled to challenge their detention in U.S. federal court using the right of habeas corpus - just like the American citizens they were trying to murder. This is the same syndrome that we saw with the Clinton administration - treat terrorists like criminals. The strategy then was to arrest them and try them in court instead of hunting them down and killing them. On September 11, 2001, we saw how well that strategy worked.

What's next? "Mirandize" all detainees? Extend the same protections to enemy prisoners of war? Conduct interrogations only in the presence of counsel? Allow law suits against the soldiers who detain terrorists? We are creating a potential no-win situation for our field commanders.

I see two solutions here:

- Declare the detainees to be enemy prisoners of war, afford them the Geneva Accords protections they are already receiving, and hold them until the war is over. No commissions, no hearings.

- Take no more al-Qa'idah/Taliban prisoners.

Pick one - either works for me.

"Operation Inform Our Soldiers" – A disgrace

by Rick Francona

An organization calling itself The Resistance, self-described as a Christian media watch dog group, has launched a program named “Operation Inform Our Soldiers.”


According to information on their website, "America is to blame for the 9/11 attacks." Organization founder Mark Dice also claims the "9/11 attacks were aided by corrupt U.S. officials for political purposes."

Dice goes on to state that many - he cites an implausible number of 24 percent which I think he made up - U.S. Marines and soldiers believe that 9/11 was an inside job, but are "afraid to speak up out of fear of punishment.”

Okay, here's another conspiracy believer. I tend to summarily dismiss anyone who believes the theory that the attacks on the World Trade Center were in reality explosive charges planted by the U.S. government and that the Pentagon was struck by a missile instead of a hijacked aircraft. The evidence that 19 Arab Muslim young men, 15 of whom were Saudis, led by Egyptian Muhammad 'Atta, were responsible for the outrage of September 11, 2001 is overwhelming. Not only is the evidence virtually undeniable, the organization to which all 19 perpetrators belonged took credit for the attacks. All of the hijackers prepared videotapes to be played after their deaths.

Mr. Dice - wake up. They did it. We didn't.

That said, Mr. Dice, you have the right to believe whatever you like, and thanks to the efforts of the American servicemen you are targeting with this ridiculous campaign, you have the right to say whatever you like. What you are really saying to the servicemen is not (as you claim) to ask the question of their superiors if 9/11 was an inside job, what you are trying to do is foment dissent in the ranks.

These young men and women know why they are in Iraq. Virtually all of them have volunteered to serve in the armed forces after the invasion of Iraq in 2003. They do not believe your drivel. They have better things to do than be distracted by your efforts to hurt the country.

Freedom of speech is one thing – trying to subvert American troops serving in a combat zone is another. Mark Dice is a disgrace.

Email Mark Dice and tell him what you think.

Again, the terminology

by Rick Francona

Once again, the media has confused the terms used to describe various players in the intelligence game. On the face of it, that is not surprising - it happens virtually every day in the mainstram media. What is surprising is the use of the wrong term on the cover of an magazine associated with the intelligence community.

The March/April issue of Military Geospatial Technology, a publication focusing on military and DHS intelligence, features a cover article about Lieutenant General Michael Maples, Director of the Defense Intelligence Agency. The title of the article: Intelligence Agent. (You can read the online version here.)

As any professional human intelligence (HUMINT) officer will tell you, the term "intelligence agent" is not the correct term to describe LTG Maples. The general may be called an intelligence officer, although his background barely qualifies him for the title. That's not to slight his career, it's just not a professional intellgence career. In any case, he is not an intelligence agent.

An intelligence agent is an asset who is working for an intelligence officer, usually a clandestine arrangement where a person agrees to provide intelligence information in response to taskings from a HUMINT case officer. That agent can also be called a spy. Intelligence officers are neither agents nor spies.

For one of my earlier pieces on this subject, see "CIA Agent - Let's Get the Terminology Straight."

Hillary and the snipers

by Rick Francona

I only took passing notice of the recent reporting of Senator Hillary Clinton’s brush with death during an airport landing in the Balkans. The story was of her "swooping down in a helicopter into a war zone..." In her own words: “I remember landing under sniper fire. There was supposed to be some kind of a greeting ceremony at the airport, but instead we just ran with our heads down to get into the vehicles to get to our base.”

Hillary dodging sniper fire

Then today I saw the video of the airport scene – and had to choke back the laughter. I recognized the landing strip as the sprawling former Yugoslav airbase at Tuzla, located in what is now Bosnia. Mrs Clinton landed in an U.S. Air Force transport plane at a secure American military facility, not an airport in the middle of a war. She didn’t have to “get to our base,” she was already on it.

I flew in and out of Tuzla several times while stationed in the country. I had to laugh at the mere thought of snipers at Tuzla Air Base – it was the headquarters of the NATO force in Bosnia, including the headquarters of the U.S. Army 1st Armored Division. The base itself is the size of a small American city. A sniper firing at someone deplaning at the reception terminal on Tuzla would have to be using an artillery piece. It was arguably the safest place in the Balkans. It is where we intelligence teams operating around the country went when we wanted to be safe. The U.S. Army is not in the habit of exposing sitting First Ladies and their daughters to hostile fire. The senator claimed she “misspoke.” Right.

U.S. Air Force to buy French aerial refueling aircraft

by Rick Francona

The title may be a bit misleading, but I think it captures the thrust of how this will be received in military circles. The Air Force has awarded a $35 billion dollar contract for 179 aerial refueling aircraft - the KC-45A - to Northrop Grumman over a competing bid from Boeing, who proposed a tanker based on its 767 airliner. The deal over the lifespan of the contract could be worth as much as $100 billion.

Northrop Grumman or Boeing - what’s the big deal? The big deal is that while Northrop Grumman may sound like an American corporation, it is actually the American partner of European Aeronautic Defense and Space Company (EADS), the parent company of Airbus. If the deal stands, the U.S. Air Force will take to the skies beginning in 2013 in a European-designed tanker based on the Airbus A330 airliner. The A330 is built in Toulouse, France.

Northrop Grumman/EADS has committed to the “final assembly” of the KC-45A in Alabama, but it is difficult to determine how much of the aircraft will actually be manufactured in the United States. The initial aircraft will be built in France and converted into the tanker configuration in Alabama. How long before the aircraft are made/assembled in Alabama? It is difficult to say, since the factory in Alabama has yet to be built. With the economy slowing, fears of recession and Congress about to add over $150 billion to the deficit in a rebate program designed to stimulate consumerism, the United States Air Force decides to buy a foreign aircraft.

When asked about the “foreign” nature of the contract, General Arthur Lichte, commander of Air Mobility Command (operator of the USAF refueling fleet) bristled. His response: “This is an American tanker. It's flown by American airmen. It has a big American flag on the tail, and every day, it'll be out there saving American lives.”

Nice try, general. Painting an American flag on the tail of an aircraft does not make it an American tanker. It makes it a French tanker with an American flag on the tail. Like lipstick on a pig, it’s still a pig.

Not to be outshone by this display of patriotism, we also have another bright light weighing in - Senator Richard Shelby of Alabama: "Not only is this the right decision for our military, but it is great news for Alabama." Given Airbus’s predatory sales tactics and penchant for lining the pockets of politicians all over the world, perhaps Senator Shelby should clarify his remarks. Is it great news for the Air Force and Alabama, or is it just great news for Richard Shelby?

There are several key issues here, among them the effect of this contract on the U.S. economy and the potential impact on our national security. Start with the economy and the impact on the families of the workers in the Seattle area who will not be building hundreds of military aircraft for their own country. I suspect, however, the news will be welcomed in the communities around Toulouse. With increasing criticism of American companies exporting jobs, now we have the Defense Department essentially doing the same thing.

According to Boeing, had it won the contract, it would have meant the creation or retention of about 44,000 jobs in the United States. Although Airbus claims its contract will create 25,000 jobs, it is difficult to see how. A figure of about 2,500 is probably more accurate – Airbus has a history of overestimating these things.

Congress still has to fund this contract. At a time when we are facing record oil and gasoline prices, and a declining dollar, should we be exporting jobs and procuring a foreign military aircraft? How much will spare parts cost if prices are tied to the Euro?

No doubt, Airbus builds a quality aircraft. The A330 airframe is larger than the Boeing 767 and thus carries a larger payload - fuel, cargo or troops - farther. That said, if the Air Force wants or needs a longer range tanker-transport, it should have made that part of the initial requirement. The Boeing 767 meets the Air Force requirement as stated. If the Air Force had stated a requirement for longer range and payload capabilities, there is a Boeing option based on the larger 777 airframe.

I suspect Boeing will exercise its right to protest the award of the contract to Northrop Grumman/EADS. Historical precedent for successful challenges is not promising, but there is an added component here – national security.

Relying on foreign suppliers of military equipment is not in our national security interests. What if France decides it does not support or condone a future American military operation somewhere in the world and prohibits French companies from supplying parts to the U.S. armed forces? The new tanker will likely be the backbone of the American refueling fleet for the next half century. We cannot predict the long-term political situations in other countries that could affect our access to spare parts.

To add weight to that argument, let us not forget that we have done the same thing to other countries in the past. Countries, such as Pakistan and Libya, have ordered and paid for American-built aircraft (F-16 fighters and C-130 transports, respectively), only to find that delivery was blocked by Congress. We should not put ourselves in a position to have our foreign policy held hostage by the whims of another country.

The Airbus A330-based tanker is a fine aircraft, but it is a fine French aircraft. The United States Air Force needs an American aircraft.

Israelis ask for release of Jonathan Pollard - again

by Rick Francona

During President Bush's recent trip to the Middle East, the Israelis again raised the now tiresome request that we release Jonathan Pollard. Pollard was a civilian employee of the U.S. Navy intelligence service, convicted of spying against the United States for Israel and sentenced to life imprisonment.

He was arrested in 1985 and although he pleaded guilty and cooperated, the information he illegally provided to the Israelis was potentially so damaging to our national security and intelligence operations, the judge sentenced him to life in prison and recommended that he never be paroled. The actual damages have never been made public, but were so great that when President Clinton was asked by the Israelis to free Pollard, seven former Secretaries of Defense signed a letter asking him not to do it.

There is a group of Pollard supporters who want the felon released. They have a website - Justice for Jonathan Pollard - which is full of misleading information and comparisons to others who have been sentenced for the same crime. Although they claim that Pollard has been sentenced more harshly than others, they don't mention that others in the same class as Pollard - CIA officer Adrich Ames and FBI agent Robert Hanssen - were also sentenced to life in prison. My response to those lesser sentences - the judges in those cases got it wrong; the judge in the Pollard case (as well as with Ames and Hanssen) got it right.

During the President's visit to Israel, there was a campaign to highlight the plight of the Israeli spy. A member of the Knesset, Shas Party chairman Eli Yishai, presented the President a two letters asking that he free Pollard. One was from Israel's former chief rabbi, and the other from Pollard's wife Esther. The minister hinted that Bush's response would have an impact on Israel's consideration of American requests for Israeli cooperation with the Palestinians. The above posters (in English and Hebrew) appeared all over the country. Disgraceful, comparing the American president with Hamas leader and Palestinian prime minister Isma'il Haniyah and Hizballah leader Hasan Nasrallah.

What arrogance. In reality, bringing up Pollard likely only underscored American resolve to punish the traitor that is Jonathan Pollard. Many Americans do not want Pollard to be allowed parole or pardon, only to move to Israel and be treated as a hero. After all, in 1995, Israel granted Jonathan Pollard Israeli citizenship and in 1998 acknowledged that he had been an Israeli intelligence asset.

Pollard is a traitor who sold out his country for money. He worked in the intelligence community (I won't insult my former colleagues by calling him an intelligence officer) and knew the rules. It doesn't matter that he spied for an "ally" - the information he gave far exceeded the scope of our intelligence relationship with Israel.

Pollard's wife claims he is "rotting in an American prison." Actually, he's in a low/medium security federal prison in Butner, North Carolina. While it is incarceration, it's not the hard time an active duty Navy officer would be doing at Fort Leavenworth. If it was up to me, he'd be bolted into a cell at the Supermax in Florence, Colorado.

Esther, I missed the part where I am supposed to care about or feel sympathy for a traitor who betrayed my country.

Rick Francona is a retired USAF intelligence officer with over 25 years of operational assignments with the National Security Agency, the Defense Intelligence Agency and the Central Intelligence Agency in the Middle East. He is an MSNBC military analyst.

Improving the Human Condition

A recent AP article - Spending too much on AIDS? - cites health experts who question the wisdom of chasing boutique funding for high-profile diseases such as AIDS at the expense of addressing more basic health needs - a long-overdue re-evaluation of health-related funding approaches.

UN Secretary Ban Kimoon's declaration of 2008 as the International Year of Sanitation marks a milestone in scientific and funding focus to a more comprehensive global approach for improving human health conditions worldwide. Undoubtedly we can have significantly more impact on the lives and health of children and adults in underdeveloped regions by improving their living conditions and basic needs, rather than focusing on one disease or another.

With over a billion people worldwide estimated to lack access to safe drinking water and adequate sanitation, these basic health needs are far more critical than the prevention of more high-profile diseases such as AIDS. Without safe water and minimal sanitation, many of these people, especially children, will succumb to diarrhea, amoebic dysentery and other water-born illnesses long before they have a chance to contract AIDS.

It is precisely this realization that drives Rotary International's (http://www.wasrag.org/) focus on global health and hunger, with specific emphasis on safe water projects. This is not the first time Rotary has partnered with the United Nations and the World Health Organization to attack disease on a global scale - note Rotary's commendable efforts in polio eradication over the past two decades, again in partnership with UNICEF, the WHO and CDC.