Don’t sweat the details of the July nuclear accord between the United States and Iran. What matters is that the calculus of power in the Middle East just changed in significant ways.

Washington and Tehran announced their nuclear agreement on July 14th and yes, some of the details are still classified. Of course the Obama administration negotiated alongside China, Russia, Great Britain, France, and Germany, which means Iran and five other governments must approve the detailed 159-page “Joint Comprehensive Plan of Action.” The U.N., which also had to sign off on the deal, has already agreed to measures to end its sanctions against Iran.

If we’re not all yet insta-experts on centrifuges and enrichment ratios, the media will ensure that in the next two months — during which Congress will debate and weigh approving the agreement — we’ll become so. Verification strategies will be debated. The Israelis will claim that the apocalypse is nigh. And everyone who is anyone will swear to the skies that the devil is in the details. On Sunday talk shows, war hawks will fuss endlessly about the nightmare to come, as well as the weak-kneedness of the president and his “delusional” secretary of state, John Kerry. (No one of note, however, will ask why the president’s past decisions to launch or continue wars in the Middle East were not greeted with at least the same sort of skepticism as his present efforts to forestall one.)

There are two crucial points to take away from all the angry chatter to come: first, none of this matters and second, the devil is not in the details, though he may indeed appear on those Sunday talk shows.

Here’s what actually matters most: at a crucial moment and without a shot being fired, the United States and Iran have come to a turning point away from an era of outright hostility. The nuclear accord binds the two nations to years of engagement and leaves the door open to a far fuller relationship. Understanding how significant that is requires a look backward.

A Very Quick History of U.S.-Iranian Relations

The short version: relations have been terrible for almost four decades. A slightly longer version would, however, begin in 1953 when the CIA helped orchestrate a coup to oust Iran’s democratically elected prime minister, Mohammad Mosaddegh. A secular leader — just the sort of guy U.S. officials have dreamed about ever since the ayatollahs took power in 1979 — Mosaddegh sought to nationalize Iran’s oil industry. That, at the time, was a total no-no for Washington and London. Hence, he had to go.

In his place, Washington installed a puppet leader worthy of the sleaziest of banana republics, Shah Mohammad Reza Pahlavi. The U.S. assisted him in maintaining a particularly grim secret police force, the Savak, which he aimed directly at his political opponents, democratic and otherwise, including the ones who espoused a brand of Islamic fundamentalism unfamiliar to the West at the time. Washington lapped up the Shah’s oil and, in return, sold him the modern weapons he fetishized. Through the 1970s, the U.S. also supplied nuclear fuel and reactor technology to Iran to build on President Dwight Eisenhower’s “Atoms for Peace” initiative, which had kicked off Iran’s nuclear program in 1957.

In 1979, following months of demonstrations and seeing his fate in the streets of Tehran, the Shah fled. Religious leader Ayatollah Khomeini returned from exile to take control of the nation in what became known as the Islamic Revolution. Iranian “students” channeled decades of anti-American rage over the Shah and his secret police into a takeover of the American Embassy in Tehran. In an event that few Americans of a certain age are likely to forget, 52 American staffers were held hostage there for some 15 months.

In retaliation, the U.S. would, among other things, assist Iraqi autocrat Saddam Hussein (remember him?) in his war with Iran in the 1980s, and in 1988, an American guided missile cruiser in the Persian Gulf would shoot down a civilian Iran Air flight, killing all 290 people on board. (Washington claimed it was an accident.) In 2003, when Iran reached out to Washington, following American military successes in Afghanistan, President George W. Bush declared that country part of the “Axis of Evil.”

Iran later funded, trained, and helped lead a Shiite insurgency against the United States in Iraq. In tit-for-tat fashion, U.S. forces raided an Iranian diplomatic office there and arrested several staffers. As Washington slowly withdrew its military from that country, Iran increased its support for pro-Tehran leaders in Baghdad. When Iran’s nuclear program grew, the U.S. attacked its computers with malware, launching what was in effect the first cyberwar in history. At the same time, Washington imposed economic sanctions on the country and its crucial energy production sector.

In short, for the last 36 years, the U.S.-Iranian relationship has been hostile, antagonistic, unproductive, and often just plain mean. Neither country seems to have benefited, even as both remained committed to the fight.

Iran Ascendant

Despite the best efforts of the United States, Iran is now the co-dominant power in the Middle East. And rising. (Washington remains the other half of that “co.”)

Another quick plunge into largely forgotten history: the U.S. stumbled into the post-9/11 era with two invasions that neatly eliminated Iran’s key enemies on its eastern and western borders — Saddam Hussein in Iraq and the Taliban in Afghanistan. (The former is, of course, gone for good; the latter is doing better these days, though unlikely to threaten Iran for some time.) As those wars bled on without the promised victories, America’s military weariness sapped the desire in the Bush administration for military strikes against Iran. Jump almost a decade ahead and Washington now quietly supports at least some of that country’s military efforts in Iraq against the insurgent Islamic State. The Obama administration is seemingly at least half-resigned to looking the other way while Tehran ensures that it will have a puppet regime in Baghdad. In its serially failing strategies in Yemen, Lebanon, and Syria, Washington has all but begged the Iranians to assume a leading role in those places. They have.

And that only scratches the surface of the new Iranian ascendancy in the region. Despite the damage done by U.S.-led economic sanctions, Iran’s real strength lies at home. It is probably the most stable Muslim nation in the Middle East. It has existed more or less within its current borders for thousands of years. It is almost completely ethnically, religiously, culturally, and linguistically homogeneous, with its minorities comparatively under control. While still governed in large part by its clerics, the country has nonetheless experienced a series of increasingly democratic electoral transitions since the 1979 revolution. Most significantly, unlike nearly every other nation in the Middle East, Iran’s leaders do not rule in fear of an Islamic revolution. They already had one.

Why Iran Won’t Have Nuclear Weapons

Now, about those nukes. It would take a blind man in the dark not to notice one obvious fact about the Greater Middle East: regimes the U.S. opposes tend to find themselves blasted into chaos once they lose their nuclear programs. The Israelis destroyed Saddam’s program, as they did Syria’s, from the air. Muammar Qaddafi’s Libya went down the drain thanks to American/NATO-inspired regime change after he voluntarily gave up his nuclear ambitions. At the same time, no one in Tehran could miss how North Korea’s membership in the regime-change club wasn’t renewed once that country went nuclear. Consider those pretty good reasons for Iran to develop a robust nuclear weapons program — and not give it up entirely.

While, since 2002, Washington hasn’t taken a day off in its saber-rattling toward Iran, it isn’t the only country the clerics fear. They are quite convinced that Israel, with its unacknowledged but all too real nuclear arsenal, is capable and might someday be willing to deliver a strike via missile, aircraft, or submarine.

Now, here’s the added irony: American sabers and Israeli nukes also explain why Iran will always remain a nuclear threshold state — one that holds most or all of the technology and materials needed to make such a weapon, but chooses not to take the final steps. Just exactly how close a country is at any given moment to having a working nuclear weapon is called “breakout time.” If Iran were to get too close, with too short a breakout time, or actually went nuclear, a devastating attack by Israel and/or the United States would be a near inevitability. Iran is not a third world society. Its urban areas and infrastructure are exactly the kinds of things bombing campaigns are designed to blow away. So call Iran’s nuclear program a game of chicken, but one in which all the players involved always knew who would blink first.

The U.S.-Iran Nuclear Accord

So if Iran was never going to be a true nuclear power and if the world has lived with Iran as a threshold state for some time now, does the July accord matter?

There are two answers to that question: it doesn’t and it does.

It doesn’t really matter because the deal changes so little on the ground. If the provisions of the accord are implemented as best we currently understand them, with no cheating, then Iran will slowly move from its current two- to three-month breakout time to a year or more. Iran doesn’t have nukes now, it would not have nukes if there were no accord, and it won’t have nukes with the accord. In other words, the Vienna agreement successfully eliminated weapons of mass destruction that never existed.

It does really matter because, for the first time in decades, the two major powers in the Middle East have opened the door to relations. Without the political cover of the accord, the White House could never envisage taking a second step forward.

It’s a breakthrough because through it the U.S. and Iran acknowledge shared interests for the first time, even as they recognize their ongoing conflicts in Syria, Yemen, and elsewhere. That’s how adversaries work together: you don’t have to make deals like the July accord with your friends. Indeed, President Obama’s description of how the deal will be implemented — based on verification, not trust — represents a precise choice of words. The reference is to President Ronald Reagan, who used the phrase “trust but verify” in 1987 when signing the Intermediate-Range Nuclear Forces Treaty with the Russians.

The agreement was reached the old-school way, by sitting down at a table over many months and negotiating. Diplomats consulted experts. Men and women in suits, not in uniform, did most of the talking. The process, perhaps unfamiliar to a post-9/11 generation raised on the machismo of “you’re either with us or against us,” is called compromise. It’s an essential part of a skill that is increasingly unfamiliar to Americans: diplomacy. The goal is not to defeat an enemy, find quick fixes, solve every bilateral issue, or even gain the release of the four Americans held in Iran. The goal is to achieve a mutually agreeable resolution to a specific problem. Such deft statecraft demonstrates the sort of foreign policy dexterity American voters have seldom seen exercised since Barack Obama was awarded the 2009 Nobel Peace Prize (Cuba being the sole exception).

It’s All About the Money

While diplomacy brought the United States and Iran to this point, cash is what will expand and sustain the relationship.

Iran, with the fourth-largest proven crude oil reserves and the second-largest natural gas reserves on the planet, is ready to start selling on world markets as soon as sanctions lift. Its young people reportedly yearn for greater engagement with the West. The lifting of sanctions will allow Iranian businesses access to global capital and outside businesses access to starved Iranian commercial markets.

Since November 2014, the Chinese, for example, have already doubled their investment in Iran. European companies, including Shell and Peugeot, are now holding talks with Iranian officials. Apple is contacting Iranian distributors. Germany sent a trade delegation to Tehran. Ads for European cars and luxury goods are starting to reappear in the Iranian capital. Hundreds of billions of dollars worth of foreign technology and expertise will need to be acquired if the country is to update its frayed oil and natural gas infrastructure. Many of its airliners are decades old and need replacement. Airlines in Dubai are fast adding new Iran routes to meet growing demand. The money will flow. After that, it will be very hard for the war hawks in Washington, Tel Aviv, or Riyadh to put the toothpaste back in the tube, which is why you hear such screaming and grinding of teeth now.

The Real Fears of the Israelis and the Saudis

Neither Israel nor the Saudis ever really expected to trade missile volleys with a nuclear-armed Iran, nor do their other primary objections to the accord hold much water. Critics have said the deal will only last 10 years. (The key provisions scale in over 10 years, then taper off.) Leaving aside that a decade is a lifetime in politics, this line of thinking also presumes that, as the calendar rolls over to 10 years and a day, Iran will bolt from the deal and go rogue. It’s a curious argument to make.

Similarly, any talk of the accord touching off a nuclear arms race in the Middle East is long out of date. Israel has long had the bomb, with no arms race triggered. Latent fears that Iran will create “the Islamic Bomb” ignore the fact that Pakistan, with own hands dirty from abetting terror and plenty of Islamic extremists on hand, has been a nuclear power since at least 1998.

No, what fundamentally worries the Israelis and the Saudis is that Iran will rejoin the community of nations as a diplomatic and trading partner of the United States, Asia, and Europe. Embarking on a diplomatic offensive in the wake of its nuclear deal, Iranian officials assured fellow Muslim countries in the region that they hoped the accord would pave the way for greater cooperation. American policy in the Persian Gulf, once reliably focused only on its own security and energy needs, may (finally) start to line up with an increasingly multifaceted Eurasian reality. A powerful Iran is indeed a threat to the status quo — hence the upset in Tel Aviv and Riyadh — just not a military one. Real power in the twenty-first century, short of total war, rests with money.

The July accord acknowledges the real-world power map of the Middle East. It does not make Iran and the United States friends. It does, however, open the door for the two biggest regional players to talk to each other and develop the kinds of financial and trade ties that will make conflict more impractical. After more than three decades of U.S.-Iranian hostility in the world’s most volatile region, that is no small accomplishment.

Peter Van Buren blew the whistle on State Department waste and mismanagement during the Iraqi reconstruction in We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People. A TomDispatch regular, he writes about current events at We Meant Well. His latest book is Ghosts of Tom Joad: A Story of the #99Percent. His next work will be a novel, Hooper’s War.

Copyright 2015 Peter Van Buren

The Balance of Power in the Middle East Just Changed

In one form or another, the U.S. has been at war with Iraq since 1990, including a sort-of invasion in 1991 and a full-scale one in 2003. During that quarter-century, Washington imposed several changes of government, spent trillions of dollars, and was involved in the deaths of hundreds of thousands of people. None of those efforts were a success by any conceivable definition of the term Washington has been capable of offering.

Nonetheless, it’s the American Way to believe with all our hearts that every problem is ours to solve and every problem must have a solution, which simply must be found. As a result, the indispensable nation faces a new round of calls for ideas on what “we” should do next in Iraq.

With that in mind, here are five possible “strategies” for that country on which only one thing is guaranteed: none of them will work.

1. Send in the Trainers

In May, in the wake of the fall of the Sunni city of Ramadi to Islamic State (IS) fighters, President Obama announced a change of course in Iraq. After less than a year of not defeating, degrading, or destroying the Islamic State, the administration will now send in hundreds more military personnel to set up a new training base at Taqaddum in Anbar Province. There are alreadyfive training sites running in Iraq, staffed by most of the 3,100 military personnel the Obama administration has sent in. Yet after nine months of work, not a single trained Iraqi trooper has managed to make it into a combat situation in a country embroiled in armed chaos.

The base at Taqaddum may only represent the beginning of a new “surge.” General Martin Dempsey, chairman of the Joint Chiefs of Staff, has begun to talk up what he calls “lily pads,” American baselets set up close to the front lines, from which trainers would work with Iraqi security forces. Of course, such lily pads will require hundreds more American military advisers to serve as flies, waiting for a hungry Islamic State frog.

Leaving aside the all-too-obvious joke — that Dempsey is proposing the creation of a literal swamp, a desert quagmire of the lilypad sort — this idea has been tried. It failed over the eight years of the occupation of Iraq, when the U.S. maintained an archipelago of 505 bases in the country. (It also failed in Afghanistan.) At the peak of Iraq War 2.0, 166,000 troops staffed those American bases, conducting some $25 billion worth of training and arming of Iraqis, the non-results of which are on display daily. The question then is: How could more American trainers accomplish in a shorter period of time what so many failed to do over so many years?

There is also the American belief that if you offer it, they will come. The results of American training so far, as Secretary of Defense Ashton Cartermade clear recently, have fallen far short of expectations. By now, U.S. trainers were to have whipped 24,000 Iraqi soldiers into shape. The actual number to date is claimed to be some 9,000 and the description of a recent “graduation” ceremony for some of them couldn’t have been more dispiriting. (“The volunteers seemed to range in age from late teens to close to 60. They wore a mish-mash of uniforms and boots, while their marching during the ceremony was, shall we say, casual.”) Given how much training the U.S. has made available in Iraq since 2003, it's hard to imagine that too many young men have not given the option some thought. Simply because Washington opens more training camps, there is no reason to assume that Iraqis will show up.

Oddly enough, just before announcing his new policy, President Obama seemed to pre-agree with critics that it wasn’t likely to work. “We’ve got more training capacity than we’ve got recruits,” he said at the close of the G7 summit in Germany. “It’s not happening as fast as it needs to.” Obama was on the mark. At the al-Asad training facility, the only one in Sunni territory, for instance, the Iraqi government has not sent a single new recruit to be trained by those American advisers for the past six weeks.

And here's some bonus information: for each U.S. soldier in Iraq, there are already two American contractors. Currently some 6,300 of them are in the country. Any additional trainers mean yet more contractors, ensuring that the U.S. “footprint” made by this no-boots-on-the-ground strategy will only grow and General Dempsey’s lilypad quagmire will come closer to realization.

2. Boots on the Ground

Senator John McCain, who chairs the Senate Armed Services Committee, is the most vocal proponent of America's classic national security go-to move: send in U.S. troops. McCain, who witnessed the Vietnam War unfold, knows better than to expect Special Forces operatives, trainers, advisers, and combat air traffic controllers, along with U.S. air power, to turn the tide of any strategic situation. His response is to call for more — and he’s not alone. On the campaign trail recently, Wisconsin Governor Scott Walker, for instance, suggested that, were he president, he would consider a full-scale “re-invasion” of Iraq. Similarly, General Anthony Zinni, former head of U.S. Central Command, urged the sending in of many boots: “I can tell you, you could put ground forces on the ground now and we can destroy ISIS.”

Among the boots-on-the-ground crowd are also some former soldiers who fought in Iraq in the Bush years, lost friends, and suffered themselves. Blinking through the disillusion of it all, they prefer to believe that we actually won in Iraq (or should have, or would have, if only the Bush and Obama administrations hadn’t squandered the “victory”). Needed now, they claim, are more U.S. troops back on the ground to win the latest version of their war. Some are even volunteering as private citizens to continue the fight. Can there be a sadder argument than the “it can't all have been a waste” one?

The more-troops option is so easy to dismiss it’s hardly worth another line: if over eight years of effort, 166,000 troops and the full weight of American military power couldn’t do the trick in Iraq, what could you possibly expect even fewer resources to accomplish?

3. Partnering with Iran

As hesitancy within the U.S. military to deploy ground forces in Iraq runs into chicken-hawk drum-pounding in the political arena, working ever more closely with Iran has become the default escalation move. If not American boots, that is, what about Iranian boots?

The backstory for this approach is as odd a Middle Eastern tale as you can find.

The original Obama administration plan was to use Arab, not Iranian, forces as proxy infantry. However, the much-ballyhooed 60-nation pan-Arab coalition proved little more than a short-lived photo op. Few, if any, of their planes are in the air anymore. America flies roughly 85% of all missions against Islamic State targets, with Western allies filling in a good part of the rest. No Arab ground troops ever showed up and key coalition countries are now openly snubbing Washington over its possible nuclear deal with Iran.

Washington has, of course, been in a Cold War-ish relationship with Iran since 1979 when the Shah fell and radical students took over the American Embassy in Tehran. In the 1980s, the U.S. aided Saddam Hussein in his war against Iran, while in the years after the invasion of 2003 Iran effectively supported Iraqi Shiite militias against American forces occupying the country. Iranian Quds Force commander Qassem Soleimani, currently directing his country’s efforts in Iraq, was once one of the most wanted men on America's kill list.

In the wake of the 2014 Islamic State capture of Mosul and other northern Iraqi cities, Iran ramped up its role, sending in trainers, advisers, arms, and its own forces to support the Shiite militias that Baghdad saw as its only hope. The U.S. initially turned a blind eye on all this, even as Iranian-led militias, and possibly the Iranians themselves, became consumers of close American air support.

In Washington right now, there is a growing, if quiet, acknowledgment that Iranian help is one of the few things that might push IS back without the need for U.S. ground troops. Small but telling escalations are occurring regularly. In the battle to retake the northern Sunni city of Tikrit, for example, the United States flew air missions supporting Shiite militias; the fig leaf of an explanation: that they operated under Iraqi government, not Iranian, control.

"We're going to provide air cover to all forces that are under the command and control of the government of Iraq," a U.S. Central Command spokesperson similarly noted in reference to the coming fight to retake the city of Ramadi. That signals a significant shift, former State Department official Ramzy Mardini points out. "The U.S. has effectively changed its position, coming to the realization that Shiite militias are a necessary evil in the fight against IS." Such thinking may extend to Iranian ground troops now evidently fighting outside the strategic Beiji oil refinery.

Things may be even cozier between the U.S. and the Iranian-backed Shiite militias than we previously thought. Bloomberg reports that U.S. soldiers and Shiite militia groups are both already using the Taqaddum military base, the very place where President Obama is sending the latest 450 U.S. military personnel.

The downside? Help to Iran only sets up the next struggle the U.S. is likely to bumble into due to a growing Iranian hegemony in the region. Syria, perhaps?

4. Arm the Kurds

The Kurds represent Washington’s Great Hope for Iraq, a dream that plays perfectly into an American foreign policy trope about needing to be “liked” by someone. (Try Facebook.) These days, glance at just about any conservative website or check out right-wing pundits and enjoy thepropaganda about the Kurds: they are plucky fighters, loyal to America, tough bastards who know how to stand and deliver. If only we gave them more weapons, they would kill more Islamic State bad guys just for us. To the right-wing crowd, they are the twenty-first-century equivalent of Winston Churchill in World War II, crying out, “Just give us the tools and we'll defeat Hitler!”

There is some slight truth in all this. The Kurds have indeed done a good job of pushing IS militants out of swaths of northern Iraq and were happy for U.S. assistance in getting their Peshmerga fighters to the Turkish border when the locus of fighting was the city of Kobane. They remain thankful for the continuing air support the U.S. is providing their front-line troops and for the limited weapons Washington has already sent.

For Washington, the problem is that Kurdish interests are distinctly limited when it comes to fighting Islamic State forces. When the de facto borders of Kurdistan were directly threatened, they fought like caffeinated badgers. When the chance to seize the disputed town of Erbil came up — the government in Baghdad was eager to keep it within its sphere of control — the Kurds beat the breath out of IS.

But when it comes to the Sunni population, the Kurds don’t give a hoot, as long as they stay away from Kurdistan. Has anyone seen Kurdish fighters in Ramadi or anywhere else in heavily Sunni al-Anbar Province? Those strategic areas, now held by the Islamic State, are hundreds of actual miles and millions of political miles from Kurdistan. So, sure, arm the Kurds. But don't expect them to play a strategic role against IS outside their own neighborhood. A winning strategy for the Kurds involving Washington doesn’t necessarily translate into a winning strategy for Washington in Iraq.

5. That Political Solution

Washington’s current man in Baghdad, Prime Minister al-Abadi, hasn’t moved his country any closer to Sunni-Shiite reconciliation than his predecessor, Nouri al-Maliki, did. In fact, because Abadi has little choice but to rely on those Shiite militias, which will fight when his corrupt, inept army won’t, he has only drawn closer to Iran. This has ensured that any (American) hope of bringing Sunnis into the process in a meaningful way as part of a unified government in a unified state will prove to be a pipe dream.

A balance of forces is a prerequisite for a Shiite-Sunni-Kurdish federal Iraq. With no side strong enough to achieve victory or weak enough to lose, negotiations could follow. When then-Senator Joe Biden first proposed the idea of a three-state Iraq in 2006, it just might have been possible. However, once the Iranians had built a Shiite Iraqi client state in Baghdad and then, in 2014, unleashed the militias as an instrument of national power, that chance was lost.

Many Sunnis see no other choice but to support the Islamic State, as they did al-Qaeda in Iraq in the years after the American invasion of 2003. They fear those Shiite militias — and with good reason. Stories from the largely Sunni city of Tikrit, where militia-led forces defeated Islamic State fighters, describe “a ghost town ruled by gunmen.” In the Euphrates Valley town of Jurf al-Sakhar, there were reports of ethnic cleansing. Similarly, the mainly Sunni population of the city of Nukhayb, which sits at a strategic crossroad between Sunni and Shiite areas, has accused the militias of taking over while pretending to fight the extremists.

There remains great fear in Sunni-dominated Anbar of massacres and “cleansing” if Shiite militias enter the province in force. In such a situation, there will always be a place for an al-Qaeda, an Islamic State, or some similar movement, no matter how brutal, to defend the beleaguered Sunni population. What everyone in Iraq understands, and apparently almost everyone in America does not, is that the Islamic State is a symptom of civil war, not a standalone threat.

One lingering hope of the Obama administration has no support in Baghdad and so has remained a non-starter: defeating IS by arming Sunni tribes directly in the style of the “Anbar Awakening” movement of the occupation years. Indeed, the central government fears arming them, absent a few token units to keep the Americans quiet. The Shiites know better than most what an insurgency can do to help defeat a larger, better-armed, power.

Yet despite the risk of escalating Iraq's shadow civil war, the U.S. now is moving to directly arm the Sunnis. Current plans are to import weapons into the newest lilypad base in Anbar and pass them on to local Sunni tribes, whether Baghdad likes that or not (and yes, the break with Baghdad is worth noting). The weapons themselves are as likely to be wielded against Shiite militias as against the Islamic State, assuming they aren't just handed over to IS fighters.

The loss of equipment to those militants is no small thing. No one talking about sending more new weaponry to Iraq, no matter who the recipient is, should ignore the ease with which Islamic State militants have taken U.S.-supplied heavy weapons. Washington has been forced to direct air strikes against such captured equipment — even as it ships yet more in. In Mosul, some 2,300 Humvees were abandoned to IS fighters in June 2014; more were left to them when Iraqi army forces suddenly fled Ramadi in May. This pattern of supply, capture, and resupply would be comically absurd, had it not turned tragic when some of those Humvees were used by IS as rolling, armored suicide bombs and Washington had to rush AT-4 anti-tank missiles to the Iraqi army to destroy them.

The Real Reason Nothing Is Going to Work

The fundamental problem underlying nearly every facet of U.S. policy toward Iraq is that “success,” as defined in Washington, requires all the players to act against their own wills, motivations, and goals in order to achieve U.S. aims. The Sunnis need a protector as they struggle for a political place, if not basic survival, in some new type of Iraq. The Shiite government in Baghdad seeks to conquer and control the Sunni regions. Iran wants to secure Iraq as a client state and use it for easier access to Syria. The Kurds want an independent homeland.

When Secretary of Defense Ash Carter remarked, “What apparently happened [in Ramadi] was that the Iraqi forces just showed no will to fight,” what he really meant was that the many flavors of forces in Iraq showed no will to fight for America's goals. In the Washington mind-set, Iraq is charged with ultimate responsibility for resolving problems that were either created by or exacerbated by the U.S. in the first place, even as America once again assumes an ever-greater role in that country’s increasingly grim fate.

For America's “plan” to work, Sunni tribesmen would have to fight Sunnis from the Islamic State in support of a Shiite government that suppressed their peaceful Arab-Spring-style protests, and that, backed by Iran, has been ostracizing, harassing, and murdering them. The Kurds would have to fight for an Iraqi nation-state from which they wish to be independent. It can't work.

Go back to 2011 and it’s unlikely anyone could have imagined that the same guy who defeated Hillary Clinton and gained the White House based on his opposition to the last Iraq War would send the U.S. tumbling back into that chaotic country. If ever there was an avoidable American crisis, Iraq War 3.0 is it. If ever there was a war, whatever its chosen strategies, in which the U.S. has no hopes of achieving its goals, this is it.

By now, you’re undoubtedly shaking your head and asking, “How did this happen?” Historians will do the same.

Peter Van Buren blew the whistle on State Department waste and mismanagement during the Iraqi reconstruction in We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People. A TomDispatch regular he writes about current events at We Meant WellHis latest book is Ghosts of Tom Joad: A Story of the #99Percent. His next work will be Hooper's War, a novel.

Copyright 2015, Peter Van Buren

Five Things That Won’t Work in Iraq

In the age of the all-volunteer military and an endless stream of war zone losses and ties, it can be hard to keep Homeland enthusiasm up for perpetual war. After all, you don’t get a 9/11 every year to refresh those images of the barbarians at the airport departure gates. In the meantime, Americans are clearly finding it difficult to remain emotionally roiled up about our confusing wars in Syria and Iraq, the sputtering one in Afghanistan, and various raids, drone attacks, and minor conflicts elsewhere.

Fortunately, we have just the ticket, one that has been punched again and again for close to a century: Hollywood war movies (to which the Pentagon is always eager to lend a helping hand).American Sniper, which started out with the celebratory tagline “the most lethal sniper in U.S. history” and now has the tagline “the most successful war movie of all time,” is just the latest in a long line of films that have kept Americans on their war game. Think of them as war porn, meant to leave us perpetually hyped up. Now, grab some popcorn and settle back to enjoy the show.

There’s Only One War Movie

Wandering around YouTube recently, I stumbled across some good old government-issue propaganda.  It was a video clearly meant to stir American emotions and prepare us for a long struggle against a determined, brutal, and barbaric enemy whose way of life is a challenge to the most basic American values. Here’s some of what I learned: our enemy is engaged in a crusade against the West; wants to establish a world government and make all of us bow down before it; fights fanatically, beheads prisoners, and is willing to sacrifice the lives of its followers in inhuman suicide attacks.  Though its weapons are modern, its thinking and beliefs are 2,000 years out of date and inscrutable to us.

Of course, you knew there was a trick coming, right? This little U.S. government-produced film wasn’t about the militants of the Islamic State. Made by the U.S. Navy in 1943, its subject was “Our Enemy the Japanese.” Substitute “radical Islam” for “emperor worship,” though, and it still makes a certain propagandistic sense. While the basics may be largely the same (us versus them, good versus evil), modern times do demand something slicker than the video equivalent of an old newsreel. The age of the Internet, with its short attention spans and heightened expectations of cheap thrills, calls for a higher class of war porn, but as with that 1943 film, it remains remarkable how familiar what’s being produced remains.

Like propaganda films and sexual pornography, Hollywood movies about America at war have changed remarkably little over the years. Here’s the basic formula, from John Wayne in the World War II-era Sands of Iwo Jima to today’s American Sniper:

*American soldiers are good, the enemy bad. Nearly every war movie is going to have a scene in which Americans label the enemy as “savages,” “barbarians,” or “bloodthirsty fanatics,” typically following a “sneak attack” or a suicide bombing. Our country’s goal is to liberate; the enemy’s, to conquer. Such a framework prepares us to accept things that wouldn’t otherwise pass muster. Racism naturally gets a bye; as they once were “Japs” (not Japanese), they are now “hajjis” and “ragheads” (not Muslims or Iraqis). It’s beyond question that the ends justify just about any means we might use, from the nuclear obliteration of two cities of almost no military significance to the grimmest sort of torture. In this way, the war film long ago became a moral free-fire zone for its American characters.

*American soldiers believe in God and Country, in “something bigger than themselves,” in something “worth dying for,” but without ever becoming blindly attached to it. The enemy, on the other hand, is blindly devoted to a religion, political faith, or dictator, and it goes without saying (though it’s said) that his God — whether an emperor, Communism, or Allah — is evil. As one critic put it back in 2007 with just a tad of hyperbole, “In every movie Hollywood makes, every time an Arab utters the word Allah… something blows up.”

*War films spend no significant time on why those savages might be so intent on going after us. The purpose of American killing, however, is nearly always clearly defined. It’s to “save American lives,” those over there and those who won’t die because we don’t have to fight them over here. Saving such lives explains American war: in Kathryn Bigelow’s The Hurt Locker, for example, the main character defuses roadside bombs to make Iraq safer for other American soldiers. In the recent World War II-themed Fury, Brad Pitt similarly mows down ranks of Germans to save his comrades. Even torture is justified, as in Zero Dark Thirty, in the cause of saving our lives from their nightmarish schemes. In American Sniper, shooter Chris Kyle focuses on the many American lives he’s saved by shooting Iraqis; his PTSD is, in fact, caused by his having “failed” to have saved even more. Hey, when an American kills in war, he’s the one who suffers the most, not that mutilated kid or his grieving mother — I got nightmares, man! I still see their faces!

*Our soldiers are human beings with emotionally engaging backstories, sweet gals waiting at home, and promising lives ahead of them that might be cut tragically short by an enemy from the gates of hell. The bad guys lack such backstories. They are anonymous fanatics with neither a past worth mentioning nor a future worth imagining. This is usually pretty blunt stuff. Kyle’s nemesis in American Sniper, for instance, wears all black. Thanks to that, you know he’s an insta-villain without the need for further information. And speaking of lack of a backstory, he improbably appears in the film both in the Sunni city of Fallujah and in Sadr City, a Shia neighborhood in Baghdad, apparently so super-bad that his desire to kill Americans overcomes even Iraq’s mad sectarianism.

*It is fashionable for our soldiers, having a kind of depth the enemy lacks, to express some regrets, a dollop of introspection, before (or after) they kill. In American Sniper, while back in the U.S. on leave, the protagonist expresses doubts about what he calls his “work.” (No such thoughts are in the book on which the film is based.) Of course, he then goes back to Iraq for three more tours and over two more hours of screen time to amass his 160 “confirmed kills.”

*Another staple of such films is the training montage. Can a young recruit make it? Often he is the Fat Kid who trims down to his killing weight, or the Skinny Kid who muscles up, or the Quiet Kid who emerges bloodthirsty. (This has been a trope of sexual porn films, too: the geeky looking guy, mocked by beautiful women, who turns out to be a superstar in bed.) The link, up front or implied, between sexuality, manhood, and war is a staple of the form. As part of the curious PTSD recovery plan he develops, for example, Kyle volunteers to teach a paraplegic vet in a wheelchair to snipe. After his first decent shot rings home, the man shouts, “I feel like I got my balls back!”

*Our soldiers, anguished souls that they are, have no responsibility for what they do once they’ve been thrown into our wars.  No baby-killers need apply in support of America’s post-Vietnam, guilt-free mantra, “Hate the war, love the warrior.” In the film First Blood, for example, John Rambo is a Vietnam veteran who returns home a broken man. He finds his war buddy dead from Agent Orange-induced cancer and is persecuted by the very Americans whose freedom he believed he had fought for. Because he was screwed over in The ‘Nam, the film gives him a free pass for his homicidal acts, including a two-hour murderous rampage through a Washington State town. The audience is meant to see Rambo as a noble, sympathetic character. He returns for more personal redemption in later films to rescue American prisoners of war left behind in Southeast Asia.

*For war films, ambiguity is a dirty word. Americans always win, even when they lose in an era in which, out in the world, the losses are piling up. And a win is a win, even when its essence is one-sided bullying as in Heartbreak Ridge, the only movie to come out of the ludicrous invasion of Grenada. And a loss is still a win in Black Hawk Down, set amid the disaster of Somalia, which ends with scenes of tired warriors who did the right thing. Argo — consider it honorary war porn –reduces the debacle of years of U.S. meddling in Iran to a high-fiving hostage rescue. All it takes these days to turn a loss into a win is to zoom in tight enough to ignore defeat. In American Sniper, the disastrous occupation of Iraq is shoved offstage so that more Iraqis can die in Kyle’s sniper scope. In Lone Survivor, a small American “victory” is somehow dredged out of hopeless Afghanistan because an Afghan man takes a break from being droned to save the life of a SEAL.

In sum: gritty, brave, selfless men, stoic women waiting at home, noble wounded warriors, just causes, and the necessity of saving American lives. Against such a lineup, the savage enemy is a crew of sitting ducks who deserve to die. Everything else is just music, narration, and special effects. War pornos, like their oversexed cousins, are all the same movie.

A Fantasy That Can Change Reality

But it’s just a movie, right? Your favorite shoot-em-up makes no claims to being a documentary. We all know one American can’t gun down 50 bad guys and walk away unscathed, in the same way he can’t bed 50 partners without getting an STD. It’s just entertainment. So what?

So what do you, or the typical 18-year-old considering military service, actually know about war on entering that movie theater? Don’t underestimate the degree to which such films can help create broad perceptions of what war’s all about and what kind of people fight it. Those lurid on-screen images, updated and reused so repetitively for so many decades, do help create a self-reinforcing, common understanding of what happens “over there,” particularly since what we are shown mirrors what most of us want to believe anyway.

No form of porn is about reality, of course, but that doesn’t mean it can’t create realities all its own. War films have the ability to bring home emotionally a glorious fantasy of America at war, no matter how grim or gritty any of these films may look. War porn can make a young man willing to die before he’s 20. Take my word for it: as a diplomat in Iraq I met young people in uniform suffering from the effects of all this. Such films also make it easier for politicians to sweet talk the public into supporting conflict after conflict, even as sons and daughters continue to return home damaged or dead and despite the country’s near-complete record of geopolitical failures since September 2001. Funny thing: American Sniper was nominated for an Academy Award for best picture as Washington went back to war in Iraq in what you’d have thought would be an unpopular struggle.

Learning From the Exceptions

You can see a lot of war porn and stop with just your toes in the water, thinking you’ve gone swimming. But eventually you should go into the deep water of the “exceptions,” because only there can you confront the real monsters.

There are indeed exceptions to war porn, but don’t fool yourself, size matters. How many people have seen American Sniper, The Hurt Locker, or Zero Dark Thirty? By comparison, how many saw the anti-war Iraq War film Battle for Haditha, a lightly fictionalized, deeply unsettling drama about an American massacre of innocent men, women, and children in retaliation for a roadside bomb blast?

Timing matters, too, when it comes to the few mainstream exceptions. John Wayne’s The Green Berets, a pro-Vietnam War film, came out in 1968 as that conflict was nearing its bloody peak and resistance at home was growing. (The Green Berets gets a porn bonus star, as the grizzled Wayne persuades a lefty journalist to alter his negative views on the war.) Platoon, with its message of waste and absurdity, had to wait until 1986, more than a decade after the war ended.

In propaganda terms, think of this as controlling the narrative. One version of events dominates all others and creates a reality others can only scramble to refute. The exceptions do, however, reveal much about what we don’t normally see of the true nature of American war. They are uncomfortable for any of us to watch, as well as for military recruiters, parents sending a child off to war, and politicians trolling for public support for the next crusade.

War is not a two-hour-and-12-minute hard-on. War is what happens when the rules break down and, as fear displaces reason, nothing too terrible is a surprise. The real secret of war for those who experience it isn’t the visceral knowledge that people can be filthy and horrible, but that you, too, can be filthy and horrible. You don’t see much of that on the big screen.

The Long Con

Of course, there are elements of “nothing new” here. The Romans undoubtedly had their version of war porn that involved mocking the Gauls as sub-humans. Yet in twenty-first-century America, where wars are undeclared and Washington dependent on volunteers for its new foreign legion, the need to keep the public engaged and filled with fear over our enemies is perhaps more acute than ever.

So here’s a question: if the core propaganda messages the U.S. government promoted during World War II are nearly identical to those pushed out today about the Islamic State, and if Hollywood’s war films, themselves a particularly high-class form of propaganda, have promoted the same false images of Americans in conflict from 1941 to the present day, what does that tell us? Is it that our varied enemies across nearly three-quarters of a century of conflict are always unbelievably alike, or is it that when America needs a villain, it always goes to the same script?

Peter Van Buren blew the whistle on State Department waste and mismanagement during the Iraqi reconstruction in his first book,We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People. A Tom Dispatch regular, he writes about current events at his blog, We Meant Well. His latest book is Ghosts of Tom Joad: A Story of the #99Percent.

Copyright 2015 Peter Van Buren

War Porn

The current American war in Iraq is a struggle in search of a goal. It began in August as a humanitarian intervention, morphed into a campaign to protect Americans in-country, became a plan to defend the Kurds, followed by a full-on crusade to defeat the new Islamic State (IS, aka ISIS, aka ISIL), and then… well, something in Syria to be determined at a later date.

At the moment, Iraq War 3.0 simply drones on, part bombing campaign, part mission to train the collapsed army the U.S. military created for Iraq War 2.0, all amid a miasma of incoherent mainstream media coverage. American troops are tiptoeing closer to combat (assuming you don’t count defensive operations, getting mortared, and flying ground attack helicopters as “combat”), even as they act like archaeologists of America’s warring past, exploring the ruins of abandoned U.S. bases. Meanwhile, Shia militias are using the conflict for the ethnic cleansing of Sunnis and Iran has become an ever-more significant player in Iraq’s affairs. Key issues of the previous American occupation of the country — corruption, representative government, oil revenue-sharing — remain largely unresolved. The Kurds still keep “winning” against the militants of IS in the city of Kobani on the Turkish border without having “won.”

In the meantime, Washington’s rallying cry now seems to be: “Wait for the spring offensive!” In translation that means: wait for the Iraqi army to get enough newly American-trained and -armed troops into action to make a move on Mosul.  That city is, of course, the country’s second largest and still ruled by the new “caliphate” proclaimed by Islamic State head Abu Bakr al-Baghdadi. All in all, not exactly inspiring stuff.

You can’t have victory if you have no idea where the finish line is. But there is one bright side to the situation. If you can’t create Victory in Iraq for future VI Day parades, you can at least make a profit from the disintegrating situation there.

Team America’s Arms Sales Force

In the midst of the December holiday news-dumping zone, the U.S. Defense Security Cooperation Agency (DSCA) quietly notified Congress of several pending arms deals for Iraq. DSCA is the Pentagon office responsible for coordinating arms agreements between American defense contractors and foreign buyers.

Before those thousands of not-boots-on-the-ground troops started hemorrhaging back into Iraq late last year, DSCA personnel made up a significant portion of all U.S. military personnel still there. Its staff members are, in fact, common in U.S. embassies in general. This shouldn’t be surprising, since the sales of weaponry and other kinds of war equipment are big business for a range of American companies, and the U.S. government is more than happy to assist. In fact, there is even a handbook to guide foreign governments through the buying process.

The DSCA operates under a mission statement which says the “U.S. may sell defense articles and services to foreign countries and international organizations when the President formally finds that to do so will strengthen the security of the U.S. and promote world peace.” While the Pentagon carries out the heavy lifting, actual recommendations on which countries can buy U.S. gear are made by the secretary of state, and then rubber-stamped by Congress.

As for countries that can’t afford U.S. weaponry, Washington has the Foreign Military Finance program up its sleeve. This opens the way for the U.S. government to pay for weapons for other countries — only to “promote world peace,” of course — using your tax dollars, which are then recycled into the hands of military-industrial-complex corporations.

Iraq’s Shopping List

 Here’s part of what the U.S. is getting ready to sell to Iraq right now:

* 175 M1A1 Abrams main battle tanks;

* 15 Hercules tank recovery vehicles (you can’t have a tank without the tow truck);

* 55,000 rounds of main gun ammunition for the tanks (the ammo needed to get the biggest bang for your bucks)

And what will all that firepower cost? Just under $3 billion.

Keep in mind that these are only the most recent proposed sales when it comes to tanks. In July, for example, General Dynamics received a $65.3 million contract to support the existing Iraq M1A1 Abrams program. In October, the U.S. approved the sale of $600 million in M1 tank ammunition to that country. There have also been sales of all sorts of other weaponry, from $579 million worth of Humvees and $600 million in howitzers and trucks to $700 million worth of Hellfire missiles. There are many more examples. Business is good.

While the collapse of the Iraqi army and the abandonment of piles of its American weaponry, including at least 40 M1s, to IS militants, helped create this new business opportunity for weapons-makers like General Dynamics, the plan to cash in on Iraq can be traced back to America’s occupation of that country. Forward Operating Base Hammer, where both Private Chelsea Manning (she collecting State Department cables for WikiLeaks) and I (supervising State Department reconstruction efforts) lived for a year or so, was built across the street from the Besmaya Firing Range. That testing grounds was U.S.-outfitted not just for the live firing of artillery, but for — you guessed it — M1 tanks. It was to be part of the pipeline that would keep an expensive weapons system heading into Iraq forever. In 2011, as U.S. troops left the country, both facilities were “gifted” to the Iraqis to serve as logistics bases for training in, and the repair of, U.S.-sold weapons.

As I write this, American contractors still live on the remnants of Hammer, supporting the Iraqi army’s use of whatever M1 tanks they didn’t turn over to the Islamic State. On a contractor job-review site, “job work/life balance” at the base gets an acceptable 3.5 stars from those working there and one American trainer even praises the fact that work starts and ends before the heat of the day (even if another complains that the only toilets available are still port-a-potties).

The new tank sales to Iraq will, of course, keep Besmaya humming and are significant enough that the Motley Fool, an investment advice website, offers this background information:

“This is about more than just immediate sales and profits for General Dynamics. Currently, the U.S. Army has all the M1A1 tanks it needs… Last year, General Dynamics successfully lobbied Congress to provide $120 million for upgrading Abrams tanks, just to ensure the factory remains at least partially open (and avoid having to pay the expense of restarting production from zero at a later date). In 2012, similar logic caused Congress to spend about $180 million on the tanks, despite Army Chief of Staff General Ray Odierno telling lawmakers at the time: ‘…these are additional tanks that we don’t need.’ Luckily for General Dynamics, though, Iraq does need tanks. And at the Lima plant’s recent production rate of 10 tanks per month, the Iraq order should keep General Dynamics’ tank business running well into 2016.”

Would You Like the Extended Warranty?

Iraqis have a saying: “The rug is never sold.” It means that there’s always more money to be made from any transaction. General Dynamics would agree. Arms sales work remarkably like consumer electronics (and Iraqi carpets). Want the extended warranty for your new smartphone? Extra battery? Accessories? Insurance against loss or damage? Suddenly the cost of your phone doubles.

Same for tanks. The M1 is a complex beast. You’ll need to pay General Dynamics for trainers to teach your guys to operate its systems. You’ll need lots of spare parts, especially operating in the desert. And it won’t be long before you’ll want to do some upgrades — maybe better computers or a faster engine. The U.S. is currently working on “urban warfare” upgrades for the 140 M1s the Iraqis have hung onto. In the defense world, these after-sales are known as the “tail.” And the longer the tail, the bigger the profits.

For example, built into the contract for the new M1 tank sale is the provision that “approximately five U.S. Government and one hundred contractor representatives [will] travel to Iraq for a period of up to five years for delivery, system checkout, program support, and training.” And that isn’t going to come cheap from General Dynamics, though the five government employees may be a bargain financed by American taxpayers.

None of this even touches on the potential for repeat sales. After all, most of the Islamic State’s heavy gear comes from stuff the Iraqi army abandoned or somehow lost in their headlong flight from the country’s northern cities. And keep in mind that every tank and shell IS pulls out of that inventory means more business for General Dynamics and similar firms. Essentially selling weapons to both sides of a conflict is smart business.

Big, heavy military equipment, however, takes months to manufacture. So even a quick order placed today doesn’t mean your gear will arrive in time for that promised spring offensive. So why not buy, or have gifted to you, something pre-owned and ready for immediate delivery? If you’re the government of Iraq, the U.S. military is already way ahead of you on this.

Since June, the U.S. has been stockpiling massive amounts of gear coming out of Afghanistan at Shuaiba, a port in Kuwait, in preparation for ultimately shipping at least some of it across the border into Iraq. The depot already houses 3,100 vehicles, mostly the Mine-Resistant Ambush-Protected (MRAP) vehicles ubiquitous in America’s wars. MRAPs are useful for protecting troops from roadside bombs, including the Explosively Formed Penetrator (EFP) versions made in Iran that took the lives of many Americans during Iraq War 2.0. That must take a weight off Iraqi minds.

Another thing that may help: the United States has already donated 250 MRAPs to Iraq as well as $300 million in weapons handed over free-of-charge by the Department of Defense in 2014. And don’t forget: into an omnibus spending bill Congress passed last month is tucked $1.2 billion in future training and equipment for Iraq. And let’s not forget either all those need-to-be-replaced bombs being regularly dropped on Iraq by the U.S. Air Force at a cost of up to one billion dollars and counting.

Are Tanks Good for Anything Other Than Profits?

For Congress to approve the DSCA arms deals, the Department of Defense must certify that “the proposed sale of this equipment and support will not alter the basic military balance in the region.” So the tanks to fight IS will have to be certified in writing not to affect the regional situation.

Whatever the Iraqis think they need the tanks for, America’s nine-year-long slog through Iraq War 2.0 should have offered a lesson in how relatively useless heavy armor is for the kind of urban fighting and counter-insurgency warfare usually seen against a foe like IS. In fact, the logistics needed to maintain an M1 in combat can actually slow an advance, while the steel beasts are relatively easy targets in the confines of a Middle Eastern city like Mosul.

Maybe, in the end, some of those M1s will even land in Iranian hands, given the robust role that country is playing in the current Iraq war. America’s front-line military technology could, in other words, find its way into the hands of people capable of a little reverse engineering to mine technology for Iran’s own tank corps or to sell on the world market. It seems Baghdad is already sharing other U.S.-supplied weapons with Iranian-influenced Shia militias, so why not tanks?

Let’s put it this way: from any point of view except General Dynamics’s, the Islamic State’s, or maybe the Iranians’, these tank sales don’t add up.

Call Your Broker

It’s easy enough to toss around terms like “military-industrial complex” and equally easy to slip from there into what some might consider blood-for-oil conspiracy theories or suggestions that Iraq War 2.0 was all about the mega-contractor Halliburton’s bottom line. While oil and Halliburton were certainly part of that past war’s calculus, they can no more account for it than the piles of money General Dynamics is about to make selling tanks can alone account for Iraq War 3.0.

Still, it’s hard to ignore the way defense companies find themselves buried in cash from selling weapons that aren’t needed to people who can’t use them, sales that are, in the end, likely to harm, not help, America’s geopolitical interests. Perhaps it is better to see the immediate profits from such deals as just a part of a much bigger process, one that demands America have enemies to crusade against to ensure the survival of the national security state.

To such a “wartime” paradigm one just needs to plug in new bad guys from time to time, which is proving an ever-easier venture, since each of our previous wars and conflicts seems to offer a remarkably helpful hand in creating them. In this way, radical Islam has proven, with Washington’s help, a worthy successor to the Soviet Union, itself once a superb money-making venture and a great way to build a monumental national security state.

Even as the Obama administration stumbles and bumbles along in search of a magical political strategy in Iraq that would make sense of everything, American weapons-makers can expect a bountiful future. In the meantime, Washington is putting forces in place that, by doing more of the same for the third time in a disintegrating Iraq in the middle of a fracturing region, guarantee more of the same. In that sense, you might say that American forces are partly in place to help promote the investment. If one needed an example of how the military-industrial complex works today, that might be it. Every mistake by Washington is a boon for future arms sales.

So if you’ve got money to invest in General Dynamics, you might want to call your broker.

Peter Van Buren blew the whistle on State Department waste and mismanagement during the Iraqi reconstruction in his first book,We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People. A TomDispatch regular, he writes about current events at his blog, We Meant Well. His latest book isGhosts of Tom Joad: A Story of the #99Percent.

Copyright 2015 Peter Van Buren

America Is Open for Business in Iraq

Karl von Clausewitz, the famed Prussian military thinker, is best known for his aphorism “War is the continuation of state policy by other means.” But what happens to a war in the absence of coherent state policy?

Actually, we now know. Washington’s Iraq War 3.0, Operation Inherent Resolve, is what happens. In its early stages, I asked sarcastically, “What could possibly go wrong?” As the mission enters its fourth month, the answer to that question is already grimly clear: just about everything. It may be time to ask, in all seriousness: What could possibly go right?

Knowing Right from Wrong

The latest American war was launched as a humanitarian mission. The goal of its first bombing runs was to save the Yazidis, a group few Americans had heard of until then, from genocide at the hands of the Islamic State (IS). Within weeks, however, a full-scale bombing campaign was underway against IS across Iraq and Syria with its own “coalition of the willing” and 1,600 U.S. military personnel on the ground. Slippery slope? It was Teflon-coated. Think of what transpired as several years of early Vietnam-era escalation compressed into a semester.

And in that time, what’s gone right? Short answer: Almost nothing. Squint really, really hard and maybe the “good news” is that IS has not yet taken control of much of the rest of Iraq and Syria, and that Baghdad hasn’t been lost. These possibilities, however, were unlikely even without U.S. intervention.

And there might just possibly be one “victory” on the horizon, though the outcome still remains unclear. Washington might “win” in the IS-besieged Kurdish town of Kobane, right on the Turkish border. If so, it will be a faux victory guaranteed to accomplish nothing of substance. After all, amid the bombing and the fighting, the town has nearly been destroyed. What comes to mind is a Vietnam War-era remark by an anonymous American officer about the bombed provincial capital of Ben Tre: “It became necessary to destroy the town to save it.”

More than 200,000 refugees have already fled Kobane, many with doubts that they will ever be able to return, given the devastation. The U.S. has gone to great pains to point out just how many IS fighters its air strikes have killed there. Exactly 464, according to a U.K.-based human rights group, a number so specific as to be suspect, but no matter. As history suggests, body counts in this kind of war mean little.

And that, folks, is the “good news.” Now, hold on, because here’s the bad news.

That Coalition

The U.S. Department of State lists 60 participants in the coalition of nations behind the U.S. efforts against the Islamic State. Many of those countries (Somalia, Iceland, Croatia, and Taiwan, among them) have never been heard from again outside the halls of Foggy Bottom. There is no evidence that America’s Arab “allies” like Saudi Arabia, Qatar, and the United Arab Emirates, whose funding had long-helped extreme Syrian rebel groups, including IS, and whose early participation in a handful of air strikes was trumpeted as a triumph, are still flying.

Absent the few nations that often make an appearance at America’s geopolitical parties (Canada, the Brits, the Aussies, and increasingly these days, the French), this international mess has quickly morphed into Washington’s mess. Worse yet, nations like Turkey that might actually have taken on an important role in defeating the Islamic State seem to be largely sitting this one out. Despite the way it’s being reported in the U.S., the new war in the Middle East looks, to most of the world, like another case of American unilateralism, which plays right into the radical Islamic narrative.

Iraqi Unity

The ultimate political solution to fighting the war in Iraq, a much-ballyhooed “inclusive” Iraqi government uniting Shias, Sunnis, and Kurds, has taken no time at all to fizzle out. Though Prime Minister Haider al-Abadi chose a Sunni to head the country’s Defense Ministry and direct a collapsed Iraqi army, his far more-telling choice was for Interior Minister. He picked Mohammed Ghabban, a little-known Shia politician who just happens to be allied with the Badr Organization.

Even if few in the U.S. remember the Badr folks, every Sunni in Iraq does. During the American occupation, the Badr militia ran notorious death squads, after infiltrating the same Interior Ministry they basically now head. The elevation of a Badr leader to — for Sunnis — perhaps the most significant cabinet position of all represents several nails in the coffin of Iraqi unity. It is also in line with the increasing influence of the Shia militias the Baghdad government has called on to defend the capital at a time when the Iraqi Army is incapable of doing the job.

Those militias have used the situation as an excuse to ramp up a campaign of atrocities against Sunnis whom they tag as “IS,” much as in Iraq War 2.0 most Sunnis killed were quickly labeled “al-Qaeda.” In addition, the Iraqi military has refused to stop shelling and carrying out air strikes on civilian Sunni areas despite a prime ministerial promise that they would do so. That makes al-Abadi look both ineffectual and disingenuous. An example? This week, Iraq renamed a town on the banks of the Euphrates River to reflect a triumph over IS. Jurf al-Sakhar, or “rocky bank,” became Jurf al-Nasr, or “victory bank.” However, the once-Sunni town is now emptied of its 80,000 residents, and building after building has been flattened by air strikes, bombings, and artillery fire coordinated by the Badr militia.

Meanwhile, Washington clings to the most deceptive trope of Iraq War 2.0: the claim that the Anbar Awakening — the U.S. military’s strategy to arm Sunni tribes and bring them into the new Iraq while chasing out al-Qaeda-in-Iraq (the “old” IS) — really worked on the ground. By now, this is a bedrock truth of American politics. The failure that followed was, of course, the fault of those darned Iraqis, specifically a Shia government in Baghdad that messed up all the good the U.S. military had done. Having deluded itself into believing this myth, Washington now hopes to recreate the Anbar Awakening and bring the same old Sunnis into the new, new Iraq while chasing out IS (the “new” al-Qaeda).

To convince yourself that this will work, you have to ignore the nature of the government in Baghdad and believe that Iraqi Sunnis have no memory of being abandoned by the U.S. the first time around. What comes to mind is one commentator’s view of the present war: if at first we don’t succeed, do the same thing harder, with better technology, and at greater expense.

Understanding that Sunnis may not be fooled twice by the same con, the State Department is now playing up the idea of creating a whole new military force, a Sunni “national guard.” Think of this as the backup plan from hell. These units would, after all, be nothing more than renamed Sunni militias and would in no way be integrated into the Iraqi Army. Instead, they would remain in Sunni territory under the command of local leaders. So much for unity.

And therein lies another can’t-possibly-go-right aspect of U.S. strategy.

Strategic Incoherence

The forces in Iraq potentially aligned against the Islamic State include the Iraqi army, Shia militias, some Sunni tribal militias, the Kurdish peshmerga, and the Iranians. These groups are, at best, only in intermittent contact with each other, and often have no contact at all. Each has its own goals, in conflict with those of the other groups. And yet they represent coherence when compared to the mix of fighters in Syria, regularly as ready to slaughter each other as to attack the regime of Bashar al-Assad and/or IS.

Washington generally acts as if these various chaotically conflicting outfits can be coordinated across borders like so many chess pieces. President Obama, however, is no Dwight Eisenhower on D-Day at Normandy pointing the British to one objective, the Canadians to another, ultimately linking up with the French resistance en route to the liberation of Paris. For example, the Iranians and the Shia militias won’t even pretend to follow American orders, while domestic U.S. politics puts a crimp in any Obama administration attempts to coordinate with the Iranians. If you had to pick just one reason why, in the end, the U.S. will either have to withdraw from Iraq yet again, or cede the western part of the country to IS, or place many, many boots on the ground, you need look no further than the strategic incoherence of its various fractious “coalitions” in Iraq, Syria, and globally.

The Islamic State

Unlike the U.S., the Islamic State has a coherent strategy and it has the initiative. Its militants have successfully held and administered territory over time. When faced with air power they can’t counter, as at Iraq’s giant Mosul Dam in August, its fighters have, in classic insurgent fashion, retreated and regrouped. The movement is conducting a truly brutal and bloody hearts and minds-type campaign, massacring Sunnis who oppose them and Shias they capture. In one particularly horrific incident, IS killed over 300 Sunnis and threw their bodies down a well. It has also recently made significant advances toward the Kurdish capital, Erbil, reversing earlier gains by the peshmerga. IS leaders are effectively deploying their own version of air strikes — suicide bombers — into the heart of Baghdad and have already loosed the first mortars into the capital’s Green Zone, home of the Iraqi government and the American Embassy, to gnaw away at morale.

IS’s chief sources of funding, smuggled oil and ransom payments, remain reasonably secure, though the U.S. bombing campaign and a drop in global oil prices have noticeably cut into its oil revenues. The movement continues to recruit remarkably effectively both in and outside the Middle East. Every American attack, every escalatory act, every inflated statement about terrorist threats validates IS to its core radical Islamic audience.

Things are trending poorly in Syria as well. The Islamic State profits from the power vacuum created by the Assad regime’s long-term attempt to suppress a native Sunni “moderate” uprising. Al-Qaeda-linked fighters have just recently overrun key northern bastions previously controlled by U.S.-backed Syrian rebel groups and once again, as in Iraq, captured U.S. weapons have landed in the hands of extremists. Nothing has gone right for American hopes that moderate Syrian factions will provide significant aid in any imaginable future in the broader battle against IS.

Trouble on the Potomac 

While American strategy may be lacking on the battlefield, it’s alive and well at the Pentagon. A report in the Daily Beast, quoting a generous spurt of leaks, has recently made it all too clear that the Pentagon brass “are getting fed up with the short leash the White House put them on.” Senior leaders criticize the war’s decision-making process, overseen by National Security Adviser Susan Rice, as “manic and obsessed.” Secretary of Defense Chuck Hagel wrote a quickly leaked memo to Rice warning that the president’s Syria strategy was already unraveling thanks to its fogginess about the nature of its opposition to Assad and because it has no “endgame.” Meanwhile, the military’s “intellectual” supporters are already beginning to talk — shades of Vietnam — about “Obama’s quagmire.”

Joint Chiefs Chairman General Martin Dempsey has twice made public statements revealing his dissatisfaction with White House policy. In September, he said it would take 12,000 to 15,000 ground troops to effectively go after the Islamic State. Last month, he suggested that American ground troops might, in the future, be necessary to fight IS. Those statements contrast sharply with Obama’s insistence that there will never be U.S. combat troops in this war.

In another direct challenge, this time to the plan to create those Sunni National Guard units, Dempsey laid down his own conditions: no training and advising the tribes will begin until the Iraqi government agrees to arm the units themselves — an unlikely outcome. Meanwhile, despite the White House’s priority on training a new Syrian moderate force of 5,000 fighters, senior military leaders have yet to even select an officer to head up the vetting process that’s supposed to weed out less than moderate insurgents.

Taken as a whole, the military’s near-mutinous posture is eerily reminiscent of MacArthur’s refusal to submit to President Harry Truman’s political will during the Korean War. But don’t hold your breath for a Trumanesque dismissal of Dempsey any time soon. In the meantime, the Pentagon’s sights seem set on a fall guy, likely Susan Rice, who is particularly close to the president.

The Pentagon has laid down its cards and they are clear enough: the White House is mismanaging the war. And its message is even clearer: given the refusal to consider sending in those ground-touching boots, Operation Inherent Resolve will fail. And when that happens, don’t blame us; we warned you.

Never Again 

The U.S. military came out of the Vietnam War vowing one thing: when Washington went looking for someone to blame, it would never again be left holding the bag. According to a prominent school of historical thinking inside the Pentagon, the military successfully did what it was asked to do in Vietnam, only to find that a lack of global strategy and an over-abundance of micromanagement from America’s political leaders made it seem like the military had failed. This grew from wartime mythology into bedrock Pentagon strategic thinking and was reflected in both the Powell Doctrine and the Weinberger Doctrine. The short version of that thinking demands politicians make thoughtful decisions on when, where, and why the military needs to fight. When a fight is chosen, they should then allow the military to go all in with overwhelming force, win, and come home.

The idea worked almost too well, reaching its peak in Iraq War 1.0, Operation Desert Storm. In the minds of politicians from president George H.W. Bush on down, that “victory” wiped the slate clean of Vietnam, only to set up every disaster that would follow from the Bush 43 wars to Obama’s air strikes today. You don’t have to have a crystal ball to see the writing in the sand in Iraq and Syria. The military can already sense the coming failure that hangs like a miasma over Washington.

In or out, boots or not, whatever its own mistakes and follies, those who run the Pentagon and the U.S. military are already campaigning strategically to win at least one battle: when Iraq 3.0 collapses, as it most surely will, they will not be the ones hung out to dry. Of the very short list of what could go right, the smart money is on the Pentagon emerging victorious — but only in Washington, not the Middle East.

Peter Van Buren blew the whistle on State Department waste and mismanagement during the Iraqi reconstruction in his first book, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People. A TomDispatch regular, he writes about current events at his blog, We Meant Well. His latest book is Ghosts of Tom Joad: A Story of the #99Percent.

Copyright 2014 Peter Van Buren

What Could Possibly Go Right?

You know the joke? You describe something obviously heading for disaster — a friend crossing Death Valley with next to no gas in his car — and then add, “What could possibly go wrong?”

Such is the Middle East today. The U.S. is again at war there, bombing freely across Iraq and Syria, advising here, droning there, coalition-building in the region to loop in a little more firepower from a collection of recalcitrant allies, and searching desperately for some non-American boots to put on the ground.

Here, then, are seven worst-case scenarios in a part of the world where the worst case has regularly been the best that’s on offer. After all, with all that military power being brought to bear on the planet’s most volatile region, what could possibly go wrong?

1. The Kurds

The lands the Kurds generally consider their own have long been divided among Turkey, Iraq, Syria, and Iran. None of those countries wish to give up any territory to an independence-minded ethnic minority, no less find a powerful, oil-fueled Kurdish state on their borders.

In Turkey, the Kurdish-inhabited border area with Iraq has for years been a low-level war zone, with the powerful Turkish military shelling, bombing, and occasionally sending in its army to attack rebels there. In Iran, the Kurdish population is smaller than in Iraq and the border area between the two countries more open for accommodation and trade. (The Iranians, for instance, reportedly refine oil for the Iraqi Kurds, who put it on the black market and also buy natural gas from Iran.) That country has nonetheless shelled the Kurdish border area from time to time. 

The Kurds have been fighting for a state of their own since at least 1923. Inside Iraq today, they are in every practical sense a de facto independent state with their own government and military. Since 2003, they have been strong enough to challenge the Shia government in Baghdad far more aggressively than they have. Their desire to do so has been constrained by pressure from Washington to keep Iraq whole. In June, however, their military, the Peshmerga, seized the disputed, oil-rich city of Kirkuk in the wake of the collapse of the Iraqi army in Mosul and other northern cities in the face of the militants of the Islamic State (IS). Lacking any alternative, the Obama administration let the Kurds move in.

The Peshmerga are a big part of the current problem. In a near-desperate need for some semi-competent proxy force, the U.S. and its NATO allies are now arming and training them, serving as their air force in a big way, and backing them as they inch into territory still in dispute with Baghdad as an expedient response to the new “caliphate.”  This only means that, in the future, Washington will have to face the problem of how to put the proverbial genie back in the bottle if the Islamic State is ever pushed back or broken.

Mosul, Iraq’s second largest city and now under the control of the Islamic State, is the most obvious example. Given the woeful state of the Iraqi army, the Kurds may someday take it. That will not go down well in Baghdad and the result could be massive sectarian violence long after IS is gone. We were given a small-scale preview of what might happen in the town of Hassan Sham. The Kurds took it back last month. In the process, some Shia residents reportedly sided with their enemies, the Sunni militants of IS, rather than support the advancing Peshmerga.

Worst-case scenario: A powerful Kurdistan emerges from the present mess of American policy, fueling another major sectarian war in Iraq that will have the potential to spill across borders. Whether or not Kurdistan is recognized as a country with a U.N. seat, or simply becomes a Taiwan-like state (real in all but name), it will change the power dynamic in the region in ways that could put present problems in the shade. Changing a long-held balance of power always has unintended consequences, especially in the Middle East. Ask George W. Bush about his 2003 invasion of Iraq, which kicked off most of the present mess.

2. Turkey

You can’t, of course, talk about the Kurds without discussing Turkey, a country caught in a vise. Its forces have battled for years against a Kurdish separatist movement, personified by the PKK, a group Turkey, NATO, the European Union, and the United States all classify as a terrorist organization. Strife between the Turks and the PKK took 37,000 lives in the 1980s and 1990s before being reduced from a boil to a simmer thanks to European Union diplomacy. The “problem” in Turkey is no small thing — its Kurdish minority, some 15 million people, makes up nearly 20% of the population.

When it comes to taking action in Syria, the Turks exist in a conflicted realm because Washington has anointed the Kurds its boots on the ground. Whatever it may think it’s doing, the U.S. is helping empower the Kurdish minority in Syria, including PKK elements arrayed along the Turkish border, with new weapons and training.

The Turkish ruling party has no particular love for those who run the Islamic State, but its loathing for Syrian ruler Bashar al-Assad is such that its leaders have long been willing to assist IS largely by looking the other way. For some time, Turkey has been the obvious point of entry for “foreign fighters” en route to Syria to join IS ranks. Turkey has also served as the exit point for much of the black-market oil — $1.2 to $2 million a day — that IS has used to fund itself. Perhaps in return, the Islamic State released 49 Turkish hostages it was holding, including diplomats without the usual inflammatory beheading videos. In response to U.S. requests to “do something,” Turkey is now issuing fines to oil smugglers, though these have totaled only $5.7 million over the past 15 months, which shows the nature of Turkey’s commitment to the coalition.

The situation in the IS-besieged town of Kobani illustrates the problem. The Turks have so far refused to intervene to aid the Syrian Kurds. Turkish tanks sit idle on hills overlooking the hand-to-hand combat less than a mile away. Turkish riot police have prevented Turkish Kurds from reaching the town to help. Turkish jets have bombed PKK rebels inside Turkey, near the Iraqi border.

Meanwhile, U.S. air strikes do little more than make clear the limits of air power and provide material for future historians to write about. American bombs can slow IS, but can’t recapture parts of a city. Short of destroying Kobani by air to save it, U.S. power is limited without Turkish ground forces. Under the present circumstances, the fighters of the Islamic State will either take the city or it will slowly burn as they slug it out with the Kurds.

The Turkish price for intervention, publicly proclaimed, is the creation of a U.S.-enforced buffer zone along the border. The Turks would need to occupy this zone on the ground, effectively ceding Syrian territory to Turkey (as a buffer zone occupied by Kurds would not do). This would involve a further commitment from Washington, potentially placing American warplanes in direct conflict with Syria’s air defenses, which would have to be bombed, widening the war further. A buffer zone would also do away with whatever secret agreements may exist between the U.S. and Assad. This zone would represent another open-ended commitment, requiring additional U.S. resources in a conflict that is already costing American taxpayers at least $10 million a day.

On the other hand, Washington’s present policy essentially requires Turkey to put aside its national goals to help us achieve ours. We’ve seen how such a scenario has worked out in the past. (Google “Pakistan and the Taliban.”) But with Kobani in the news, the U.S. may yet succeed in pressuring the Turks into limited gestures, such as allowing American warplanes to use Turkish airbases or letting the U.S. train some Syrian rebels on its territory. That will not change the reality that Turkey will ultimately focus on its own goals independent of the many more Kobanis to come.

Worst-case scenario: Chaos in Eastern Turkey’s future, while the sun shines on Assad and the Kurds. An influx of refugees are already taxing the Turks. Present sectarian rumblings inside Turkey could turn white hot, with the Turks finding themselves in open conflict with Kurdish forces as the U.S. sits dumbly on the sidelines watching one ally fight another, an unintended consequence of its Middle Eastern meddling. If the buffer zone comes to pass, throw in the possibility of direct fighting between the U.S. and Assad, with Russian President Vladimir Putin potentially finding an opening to reengage in the area.

3. Syria

Think of Syria as the American war that never should have happened. Despite years of calls for U.S. intervention and some training flirtations with Syrian rebel groups, the Obama administration had managed (just barely) to stay clear of this particular quagmire. In September 2013, President Obama walked right up to the edge of sending bombers and cruise missiles against Assad’s military over the purported use of chemical weapons. He then used an uncooperative Congress and a clever Putin-gambit as an excuse to back down.

This year’s model — ignore Assad, attack IS — evolved over just a few weeks as a limited humanitarian action morphed into a fight to the finish against IS in Iraq and then into bombing Syria itself. As with any magician’s trick, we all watched it happen but still can’t quite figure out quite how the sleight of hand was done.

Syria today is a country in ruins. But somewhere loose in that land are unicorns — creatures often spoken of but never seen — the Obama administration’s much publicized “moderate Syrian rebels.” Who are they? The working definition seems to be something like: people who oppose Assad, won’t fight him for now, but may in the meantime fight the Islamic State, and aren’t too “fundamentalist.” The U.S. plans to throw arms and training at them as soon as it can find some of them, vet them, and transport them to Saudi Arabia. If you are buying stock in the Syrian market, look for anyone labeled “moderate warlord.”

While the U.S. and its coalition attacks IS, some states (or at least wealthy individuals) in that same band of brothers continue to funnel money to the new caliphate to support its self-appointed role as a protector of Sunnis and handy proxy against Shia empowerment in Iraq. Vice President Joe Biden recently called out some of America’s partners on this in what was billed as another of his famous gaffes, requiring apologies all around. If you want to see the best-case scenario for Syria’s future, have a look at Libya, a post-U.S. intervention country in chaos, carved up by militias.

Worst-case scenario: Syria as an ungoverned space, a new haven for terrorists and warring groups fueled by outsiders. (The Pakistani Taliban has already vowed to send fighters to help IS.) Throw in the potential for some group to grab any leftover chemical weapons or SCUD-like surface-to-surface missiles from Assad’s closet, and the potential for death and destruction is unending. It might even spread to Israel.

4. Israel

Israel’s border with Syria, marked by the Golan Heights, has been its quietest frontier since the 1967 war, but that’s now changing. Syrian insurgents of some flavor recently seized border villages and a crossing point in those heights. United Nations peacekeepers, who once patrolled the area, have mostly been evacuated for their own safety. Last month, Israel shot down a Syrian plane that entered its airspace, no doubt a warning to Assad to mind his own business rather than a matter of military necessity.

Assumedly, the Obama administration has been in behind-the-scenes efforts, reminiscent of the 1991 Gulf War when Iraqi SCUDS began raining down on Israeli cities, to keep that country out of the larger fight. It is not 1991, however. Relations between the U.S. and Israel are far more volatile and much testier. Israel is better armed and U.S. constraints on Israeli desires have proven significantly weaker of late.

Worst-case scenario: An Israeli move, either to ensure that the war stays far from its Golan Heights frontier or of a more offensive nature aimed at securing some Syrian territory, could blow the region apart. “It’s like a huge bottle with gas surrounded by candles. You just need to push one candle and everything can blow up in a minute,” said one retired Israeli general. Still, if you think Israel worries about Syria, that’s nothing compared to how its leadership must be fuming over the emergence of Iran as an ever-stronger regional power.

5. Iran

What can go wrong for Iran in the current conflict? While in the Middle East something unexpected can always arise, at present that country looks like the potential big winner in the IS sweepstakes. Will a pro-Iranian Shia government remain in power in Baghdad? You bet. Has Iran been given carte blanche to move ground forces into Iraq? Check. Will the American air force fly bombing runs for Iranian ground troops engaged in combat with IS (in a purely unofficial capacity, of course)? Not a doubt. Might Washington try to edge back a bit from its nuclear tough-guy negotiations? A likelihood. Might the door be left ajar when it comes to an off-the-books easing of economic sanctions if the Americans need something more from Iran in Iraq? Why not?

Worst-case scenario: Someday, there’ll be a statue of Barack Obama in central Tehran, not in Iraq.

6. Iraq

Iraq is America’s official “graveyard of empire.” Washington’s “new” plan for that country hinges on the success of a handful of initiatives that already failed when tried between 2003-2011, a time when there were infinitely more resources available to American “nation builders” and so much less in the way of regional chaos, bad as it then was.

The first step in the latest American master plan is the creation of an “inclusive” government in Baghdad, which the U.S. dreams will drive a wedge between a rebellious and dissatisfied Sunni population and the Islamic state. After that has happened, a (re)trained Iraqi army will head back into the field to drive the forces of the new caliphate from the northern parts of the country and retake Mosul.

All of this is unrealistic, if not simply unreal. After all, Washington has already sunk $25 billion dollars into training and equipping that same army, and several billion more on the paramilitary police. The result: little more than IS seizing arsenals of top-notch Americans weaponry once the Iraqi forces fled the country’s northern cities in June.

Now, about that inclusive government. The United States seems to think creating an Iraqi government is like picking players for a fantasy football team. You know, win some, lose some, make a few trades, and if none of that works out, you still have a shot at a new roster and a winning record next year. Since Haider al-Abadi, the latest prime minister and great inclusivist hope, is a Shia and a former colleague of the once-anointed, now disappointed Nouri al-Maliki, as well as a member of the same political party, nothing much has really changed at the top. So hopes for “inclusiveness” now fall to the choices to lead the key ministries of defense and the interior. Both have been tools of repression against the country’s Sunnis for years. For the moment, Abadi remains acting minister for both, as was Maliki before him. Really, what could possibly go wrong?

As for the Sunnis, American strategy rests on the assumption that they can be bribed and coerced into breaking with IS, no matter the shape of things in Baghdad. That’s hard to imagine, unless they lack all memory. As with al-Qaeda in Iraq during the American occupation years, the Islamic State is Sunni muscle against a Shia government that, left to its own devices, would continue to marginalize, if not simply slaughter, them. Starting in 2007, U.S. officials did indeed bribe and coerce some Sunni tribal leaders into accepting arms and payments in return for fighting insurgent outfits, including al-Qaeda. That deal, then called the Anbar Awakening, came with assurances that the United States would always stand by them. (General John Allen, now coordinating America’s newest war in Iraq, was a key figure in brokering that “awakening.”) America didn’t stand. Instead, it turned the program over to the Shia government and headed for the door marked “exit.” The Shias promptly reneged on the deal.

Once bitten, twice shy, so why, only a few years later, would the Sunnis go for what seems to be essentially the same bad deal? In addition, this one appears to have a particularly counterproductive wrinkle from the American point of view. According to present plans, the U.S. is to form Sunni “national guard units” — up-armored Sunni militias with a more marketable name — to fight IS by paying and arming them to do so. These militias are to fight only on Sunni territory under Sunni leadership. They will have no more connection to the Baghdad government than you do. How will that help make Iraq an inclusive, unitary state? What will happen, in the long run, once even more sectarian armed militias are let loose? What could possibly go wrong?

Despite its unambiguous history of failure, the “success” of the Anbar Awakening remains a persistent myth among American conservative thinkers. So don’t be fooled in the short term by media-trumpeted local examples of Sunni-Shia cooperation against IS. Consider them temporary alliances of convenience on a tribe-by-tribe basis that might not outlast the next attack. That is nowhere near a strategy for national victory. Wasn’t then, isn’t now.

Worst-case scenario: Sunni-Shia violence reaches a new level, one which draws in outside third parties, perhaps the Sunni Gulf states, seeking to prevent a massacre. Would the Shia Iranians, with forces already in-country, stand idle? Who can predict how much blood will be spilled, all caused by another foolish American war in Iraq?

7. The United States

If Iran could be the big geopolitical winner in this multi-state conflict, then the U.S. will be the big loser. President Obama (or his successor) will, in the end, undoubtedly have to choose between war to the horizon and committing U.S. ground forces to the conflict. Neither approach is likely to bring the results desired, but those “boots on the ground” will scale up the nature of the ensuing tragedy.

Washington’s post-9/11 fantasy has always been that military power — whether at the level of full-scale invasions or “surgical” drone strikes — can change the geopolitical landscape in predictable ways. In fact, the only certainty is more death. Everything else, as the last 13 years have made clear, is up for grabs, and in ways Washington is guaranteed not to expect.

Among the likely scenarios: IS forces are currently only miles from Baghdad International Airport, itself only nine miles from the Green Zone in the heart of the capital. (Note that the M198 howitzers IS captured from the retreating Iraqis have a range of 14 miles.) The airport is a critical portal for the evacuation of embassy personnel in the face of a future potential mega-Benghazi and for flying in more personnel like the Marine Quick Reaction Force recently moved into nearby Kuwait. The airport is already protected by 300-500 American troops, backed by Apache attack helicopters and drones. The Apache helicopters recently sent into combat in nearby Anbar province probably flew out of there. If IS militants were to assault the airport, the U.S. would essentially have to defend it, which means combat between the two forces. If so, IS will lose on the ground, but will win by drawing America deeper into the quagmire.

In the bigger picture, the current anti-Islamic State coalition of “more than 60 countries” that the U.S. patched together cannot last. It’s fated to collapse in a heap of conflicting long-term goals. Sooner or later, the U.S. is likely to once again find itself alone, as it eventually did in the last Iraq war.

The most likely outcome of all this killing, whatever the fate of the Islamic State, is worsening chaos across Iraq, Syria, and other countries in the region, including possibly Turkey. As Andrew Bacevich observed, “Even if we win, we lose. Defeating the Islamic State would only commit the United States more deeply to a decades-old enterprise that has proved costly and counterproductive.” The loss of control over the real costs of this war will beg the question: Was the U.S. ever in control?

In September, Syria became the 14th country in the Islamic world that U.S. forces have invaded, occupied, or bombed since 1980. During these many years of American war-making, goals have shifted endlessly, while the situation in the Greater Middle East only worsened. Democracy building? You’re not going to hear that much any more. Oil? The U.S. is set to become a net exporter. Defeating terrorism? That’s today’s go-to explanation, but the evidence is already in that picking fights in the region only fosters terror and terrorism. At home, the soundtrack of fear-mongering grows louder, leading to an amplified national security state and ever-expanding justifications for the monitoring of our society.

Worst-case scenario: America’s pan-Middle Eastern war marches into its third decade with no end in sight, a vortex that sucks in lives, national treasure, and Washington’s mental breathing room, even as other important issues are ignored. And what could possibly go wrong with that?

Peter Van Buren blew the whistle on State Department waste and mismanagement during the Iraqi reconstruction in his first book, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People. A TomDispatch regular, he writes about current events at his blog, We Meant Well. His latest book is Ghosts of Tom Joad: A Story of the #99Percent.

Copyright 2014 Peter Van Buren

What Could Possibly Go Wrong?

I wanted to offer a wry chuckle before we headed into the heavy stuff about Iraq, so I tried to start this article with a suitably ironic formulation. You know, a déjà-vu-all-over-again kinda thing. I even thought about telling you how, in 2011, I contacted a noted author to blurb my book, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People, and he presciently declined, saying sardonically, “So you’re gonna be the one to write the last book on failure in Iraq?”

I couldn’t do any of that. As someone who cares deeply about this country, I find it beyond belief that Washington has again plunged into the swamp of the Sunni-Shia mess in Iraq. A young soldier now deployed as one of the 1,600 non-boots-on-the-ground there might have been eight years old when the 2003 invasion took place. He probably had to ask his dad about it.  After all, less than three years ago, when dad finally came home with his head “held high,” President Obama assured Americans that “we’re leaving behind a sovereign, stable and self-reliant Iraq.” So what happened in the blink of an eye?

The Sons of Iraq

Sometimes, when I turn on the TV these days, the sense of seeing once again places in Iraq I’d been overwhelms me. After 22 years as a diplomat with the Department of State, I spent 12 long months in Iraq in 2009-2010 as part of the American occupation. My role was to lead two teams in “reconstructing” the nation. In practice, that meant paying for schools that would never be completed, setting up pastry shops on streets without water or electricity, and conducting endless propaganda events on Washington-generated themes of the week (“small business,” “women’s empowerment,” “democracy building.”)

We even organized awkward soccer matches, where American taxpayer money was used to coerce reluctant Sunni teams into facing off against hesitant Shia ones in hopes that, somehow, the chaos created by the American invasion could be ameliorated on the playing field. In an afternoon, we definitively failed to reconcile the millennium-old Sunni-Shia divide we had sparked into ethnic-cleansing-style life in 2003-2004, even if the score was carefully stage managed into a tie by the 82nd Airborne soldiers with whom I worked.

In 2006, the U.S. brokered the ascension to power of Prime Minister Nouri al-Maliki, a Shia politician handpicked to unite Iraq. A bright, shining lie of a plan soon followed. Applying vast amounts of money, Washington’s emissaries created the Sahwa, or Sons of Iraq, a loose grouping of Sunnis anointed as “moderates” who agreed to temporarily stop killing in return for a promised place at the table in the New(er) Iraq. The “political space” for this was to be created by a massive escalation of the American military effort, which gained a particularly marketable name: the surge.

I was charged with meeting the Sahwa leaders in my area. My job back then was to try to persuade them to stay on board just a little longer, even as they came to realize that they’d been had. Maliki’s Shia government in Baghdad, which was already ignoring American entreaties to be inclusive, was hell-bent on ensuring that there would be no Sunni “sons” in its Iraq.

False alliances and double-crosses were not unfamiliar to the Sunni warlords I engaged with. Often, our talk — over endless tiny glasses of sweet, sweet tea stirred with white-hot metal spoons — shifted from the Shia and the Americans to their great-grandfathers’ struggle against the British. Revenge unfolds over generations, they assured me, and memories are long in the Middle East, they warned.

When I left in 2010, the year before the American military finally departed, the truth on the ground should have been clear enough to anyone with the vision to take it in. Iraq had already been tacitly divided into feuding state-lets controlled by Sunnis, Shias, and Kurds. The Baghdad government had turned into a typical, gleeful third-world kleptocracy fueled by American money, but with a particularly nasty twist: they were also a group of autocrats dedicated to persecuting, marginalizing, degrading, and perhaps one day destroying the country’s Sunni minority.

U.S. influence was fading fast, leaving the State Department, a small military contingent, various spooks, and contractors hidden behind the walls of the billion-dollar embassy (the largest in the world!) that had been built in a moment of imperial hubris. The foreign power with the most influence over events was by then Iran, the country the Bush administration had once been determined to take down alongside Saddam Hussein as part of the Axis of Evil.

The Grandsons of Iraq

The staggering costs of all this — $25 billion to train the Iraqi Army, $60 billion for the reconstruction-that-wasn’t, $2 trillion for the overall war, almost 4,500 Americans dead and more than 32,000 wounded, and an Iraqi death toll of more than190,000 (though some estimates go as high as a million) — can now be measured against the results. The nine-year attempt to create an American client state in Iraq failed, tragically and completely. The proof of that is on today’s front pages.

According to the crudest possible calculation, we spent blood and got no oil. Instead, America’s war of terror resulted in the dissolution of a Middle Eastern post-Cold War stasis that, curiously enough, had been held together by Iraq’s previous autocratic ruler Saddam Hussein. We released a hornet’s nest of Islamic fervor, sectarianism, fundamentalism, and pan-nationalism. Islamic terror groups grew stronger and more diffuse by the year. That horrible lightning over the Middle East that’s left American foreign policy in such an ugly glare will last into our grandchildren’s days. There should have been so many futures. Now, there will be so few as the dead accumulate in the ruins of our hubris. That is all that we won.

Under a new president, elected in 2008 in part on his promise to end American military involvement in Iraq, Washington’s strategy morphed into the more media-palatable mantra of “no boots on the ground.” Instead, backed by aggressive intel and the “surgical” application of drone strikes and other kinds of air power, U.S. covert ops were to link up with the “moderate” elements in Islamic governments or among the rebels opposing them — depending on whether Washington was opting to support a thug government or thug fighters.

The results? Chaos in Libya, highlighted by the flow of advanced weaponry from the arsenals of the dead autocrat Muammar Gaddafi across the Middle East and significant parts of Africa, chaos in Yemen, chaos in Syria, chaos in Somalia, chaos in Kenya, chaos in South Sudan, and, of course, chaos in Iraq.

And then came the Islamic State (IS) and the new “caliphate,” the child born of a neglectful occupation and an autocratic Shia government out to put the Sunnis in their place once and for all. And suddenly we were heading back into Iraq. What, in August 2014, was initially promoted as a limited humanitarian effort to save the Yazidis, a small religious sect that no one in Washington or anywhere else in this country had previously heard of, quickly morphed into those 1,600 American troops back on the ground in Iraq and American planes in the skies from Kurdistan in the north to south of Baghdad. The Yazidis were either abandoned, or saved, or just not needed anymore. Who knows and who, by then, cared?  They had, after all, served their purpose handsomely as the casus belli of this war. Their agony at least had a horrific reality, unlike the supposed attack in the Gulf of Tonkin that propelled a widening war in Vietnam in 1964 or the nonexistent Iraqi WMDs that were the excuse for the invasion of 2003.

The newest Iraq war features Special Operations “trainers,” air strikes against IS fighters using American weapons abandoned by the Iraqi Army (now evidently to be resupplied by Washington), U.S. aircraft taking to the skies from inside Iraq as well as a carrier in the Persian Gulf and possibly elsewhere, and an air war across the border into Syria.

It Takes a Lot of Turning Points To Go In a Circle

The truth on the ground these days is tragically familiar: an Iraq even more divided into feuding state-lets; a Baghdad government kleptocracy about to be reinvigorated by free-flowing American money; and a new Shia prime minister being issued the same 2003-2011 to-do list by Washington: mollify the Sunnis, unify Iraq, and make it snappy. The State Department still stays hidden behind the walls of that billion-dollar embassy. More money will be spent to train the collapsed Iraqi military. Iran remains the foreign power with the most influence over events.

One odd difference should be noted, however: in the last Iraq war, the Iranians sponsored and directed attacks by Shia militias against American occupation forces (and me); now, its special operatives and combat advisors fight side-by-side with those same Shia militias under the cover of American air power. You want real boots on the ground? Iranian forces are already there. It’s certainly an example of how politics makes strange bedfellows, but also of what happens when you assemble your “strategy” on the run.

Obama hardly can be blamed for all of this, but he’s done his part to make it worse — and worse it will surely get as his administration once again assumes ownership of the Sunni-Shia fight. The “new” unity plan that will fail follows the pattern of the one that did fail in 2007: use American military force to create a political space for “reconciliation” between once-burned, twice-shy Sunnis and a compromise Shia government that American money tries to nudge into an agreement against Iran’s wishes. Perhaps whatever new Sunni organization is pasted together, however briefly, by American representatives should be called the Grandsons of Iraq.

Just to add to the general eeriness factor, the key people in charge of putting Washington’s plans into effect are distinctly familiar faces. Brett McGurk, who served in key Iraq policy positions throughout the Bush and Obama administrations, is again the point man as Deputy Assistant Secretary of State for Iraq and Iran. McGurk was once called the “Maliki whisperer” for his closeness to the former prime minister. The current American ambassador, Robert Stephen Beecroft, was deputy chief of mission, the number two at the Baghdad embassy, back in 2011. Diplomatically, another faux coalition of the (remarkably un)willing is being assembled. And the pundits demanding war in a feverish hysteria in Washington are all familiar names, mostly leftovers from the glory days of the 2003 invasion.

Lloyd Austin, the general overseeing America’s new military effort, oversaw the 2011 retreat. General John Allen, brought out of military retirement to coordinate the new war in the region — he had recently been a civilian advisor to Secretary of State John Kerry — was deputy commander in Iraq’s Anbar province during the surge. Also on the U.S. side, the mercenary security contractors are back, even as President Obama cites, without a hint of irony, the ancient 2002 congressional authorization to invade Iraq he opposed as candidate Obama as one of his legal justifications for this year’s war. The Iranians, too, have the same military commander on the ground in Iraq, Qassem Suleimani, the head of the Iranian Revolutionary Guards Corps’s Quds Force. Small world. Suleimani also helps direct Hezbollah operations inside Syria.

Even the aircraft carrier in the Persian Gulf launching air strikes, the USS George H.W. Bush, is fittingly named after the president who first got us deep into Iraq almost a quarter century ago. Just consider that for a moment: we have been in Iraq so long that we now have an aircraft carrier named after the president who launched the adventure.

On a 36-month schedule for “destroying” ISIS, the president is already ceding his war to the next president, as was done to him by George W. Bush. That next president may well be Hillary Clinton, who was secretary of state as Iraq War 2.0 sputtered to its conclusion. Notably, it was her husband whose administration kept the original Iraq War of 1990-1991 alive via no-fly zones and sanctions. Call that a pedigree of sorts when it comes to fighting in Iraq until hell freezes over.

If there is a summary lesson here, perhaps it’s that there is evidently no hole that can’t be dug deeper. How could it be more obvious, after more than two decades of empty declarations of victory in Iraq, that genuine “success,” however defined, is impossible? The only way to win is not to play. Otherwise, you’re just a sucker at the geopolitical equivalent of a carnival ringtoss game with a fist full of quarters to trade for a cheap stuffed animal.

Apocalypse Then — And Now

America’s wars in the Middle East exist in a hallucinatory space where reality is of little import, so if you think you heard all this before, between 2003 and 2010, you did. But for those of us of a certain age, the echoes go back much further. I recently joined a discussion on Dutch television where former Republican Congressman Pete Hoekstra made a telling slip of the tongue. As we spoke about ISIS, Hoekstra insisted that the U.S. needed to deny them “sanctuary in Cambodia.” He quickly corrected himself to say “Syria,” but the point was made.

We’ve been here before, as the failures of American policy and strategy in Vietnam metastasized into war in Cambodia and Laos to deny sanctuary to North Vietnamese forces. As with ISIS, we were told that they were barbarians who sought to impose an evil philosophy across an entire region. They, too, famously needed to be fought “over there” to prevent them from attacking us here. We didn’t say “the Homeland” back then, but you get the picture.

As the similarities with Vietnam are telling, so is the difference. When the reality of America’s failure in Vietnam finally became so clear that there was no one left to lie to, America’s war there ended and the troops came home. They never went back. America is now fighting the Iraq War for the third time, somehow madly expecting different results, while guaranteeing only failure. To paraphrase a young John Kerry, himself back from Vietnam, who’ll be the last to die for that endless mistake? It seems as if it will be many years before we know.

Peter Van Buren blew the whistle on State Department waste and mismanagement during the Iraqi reconstruction in his first book, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People. A Tom Dispatch regular, he writes about current events at his blog, We Meant Well. His latest book is Ghosts of Tom Joad: A Story of the #99Percent.

Copyright 2014 Peter Van Buren

Apocalypse Now, Iraq Edition

You can't get more serious about protecting the people from their government than the Fifth Amendment to the Constitution, specifically in its most critical clause: "No person shall be… deprived of life, liberty, or property, without due process of law." In 2011, the White House ordered the drone-killing of American citizen Anwar al-Awlaki without trial. It claimed this was a legal act it is prepared to repeat as necessary. Given the Fifth Amendment, how exactly was this justified? Thanks to a much contested, recently released but significantly redacted — about one-third of the text is missing — Justice Department white paper providing the basis for that extrajudicial killing, we finally know: the president in Post-Constitutional America is now officially judge, jury, and executioner.

Due Process in Constitutional America

Looking back on the violations of justice that characterized British rule in pre-Constitutional America, it is easy to see the Founders' intent in creating the Fifth Amendment. A government's ability to inflict harm on its people, whether by taking their lives, imprisoning them, or confiscating their property, was to be checked by due process.

Due process is the only requirement of government that is stated twice in the Constitution, signaling its importance. The Fifth Amendment imposed the due process requirement on the federal government, while the Fourteenth Amendment did the same for the states. Both offer a crucial promise to the people that fair procedures will remain available to challenge government actions. The broader concept of due process goes all the way back to the thirteenth-century Magna Carta.

Due process, as refined over the years by the Supreme Court, came to take two forms in Constitutional America. The first was procedural due process: people threatened by government actions that might potentially take away life, liberty, or possessions would have the right to defend themselves from a power that sought, whether for good reasons or bad, to deprive them of something important. American citizens were guaranteed their proverbial “day in court.”

The second type, substantive due process, was codified in 1938 to protect those rights so fundamental that they are implicit in liberty itself, even when not spelled out explicitly in the Constitution. Had the concept been in place at the time, a ready example would have been slavery. Though not specifically prohibited by the Constitution, it was on its face an affront to democracy. No court process could possibly have made slavery fair. The same held, for instance, for the “right” to an education, to have children, and so forth. Substantive due process is often invoked by supporters of same-sex unions, who assert that there is a fundamental right to marry. The meaning is crystal clear: there is an inherent, moral sense of “due process” applicable to government actions against any citizen and it cannot be done away with legally. Any law that attempts to interfere with such rights is inherently unconstitutional.

Al-Awlaki’s Death

On September 30, 2011, on the order of the president, a U.S. drone fired a missile in Yemen and killed Anwar al-Awlaki. A Northern Virginia Islamic cleric, in the aftermath of 9/11 he had been invited to lunch at the Pentagon as part of a program to create ties to Muslim moderates. After he moved to Yemen a few years later, the U.S. accused him of working with al-Qaeda as a propagandist who may have played an online role in persuading others to join the cause. (He was allegedly linked to the “Underwear Bomber” and the Fort Hood shooter.) However, no one has ever accused him of pulling a trigger or setting off a bomb, deeds that might, in court, rise to the level of a capital crime. Al-Awlaki held a set of beliefs and talked about them. For that he was executed without trial.

In March 2012, Attorney General Eric Holder made quite a remarkable statement about the al-Awlaki killing. He claimed “that a careful and thorough executive branch review of the facts in a case amounts to ‘due process’ and that the Constitution’s Fifth Amendment protection against depriving a citizen of his or her life without due process of law does not mandate a ‘judicial process.’” In other words, according to the top legal authority in the nation, a White House review was due process enough when it came to an American citizen with al-Qaeda sympathies. In this, though it was unknown at the time, Holder was essentially quoting a secret white paper on that killing produced by the Office of Legal Counsel, located in the department he headed.

In June 2014, after a long court battle to shield the underlying legal basis for the killing, the Obama administration finally released a redacted version of that classified 2010 white paper. In the end, it did so only because without its release key senators were reluctant to confirm the memo’s author, David Barron, who had been nominated by President Obama to serve on the First Circuit Court of Appeals. (Once it was made public, Barron was indeed confirmed.)

The importance of the white paper to understanding Post-Constitutional America cannot be understated. Despite all the unconstitutional actions taken by the government since 9/11 — including striking violations of the Fourth Amendment — this paper is to date the only glimpse we have of the kind of thinking that has gone into Washington’s violations of the Bill of Rights.

Here's the terrifying part: ostensibly the result of some of the best legal thinking available to the White House on a issue that couldn’t be more basic to the American system, it wouldn't get a first-year law student a C-. The arguments are almost bizarrely puerile in a document that is a visibly shaky attempt to provide cover for a pre-determined premise. No wonder the administration fought its release for so long. Its officials were, undoubtedly, ashamed of it. Let's drill down.

Death by Pen

For the killing of an American citizen to be legal, the document claims, you need one essential thing: "an informed, high-level official of the U.S. government [who] has determined that the targeted individual poses an imminent threat of violent attack against the United States." In addition, capture must be found to be unfeasible and the act of killing must follow the existing laws of war, which means drones are okay but poison gas is a no-no.

The rest of the justification in the white paper flows from that premise in a perverse chain of ankle-bone-connected-to-the-leg-bone logic: the president has the obligation to protect America; al-Qaeda is a threat; Congress authorized war against it; and being in al-Qaeda is more relevant than citizenship (or as the document crudely puts it, "citizenship does not immunize the target"). International borders and the sovereignty of other nations are not issues if the U.S. determines the host nation is "unwilling or unable to suppress the threat posed by the individual targeted." Basically, it’s all an extension of the idea of self-defense, with more than a dash of convenience shaken in.

When the white paper addresses the Fifth Amendment’s right to due process, and to a lesser extent, the Fourth Amendment’s right against unwarranted seizure (that is, the taking of a life), it dismisses them via the "balancing test." Not exactly bedrock constitutional material, it works this way: in situations where the government's interest overshadows an individual's interest, and the individual’s interest isn't that big a deal to begin with, and a mistake by the government can later be undone, the full due process clause of the Fifth Amendment need not come into play.

The three-point balancing test cited by the white paper as conclusive enough to justify the extrajudicial killing of an American comes from a 1976 Supreme Court case, Mathews v. Eldridge. There, the court held that an individual denied Social Security benefits had a right to some form of due process, but not necessarily full-blown hearings. In Anwar al-Awlaki's case, this translates into some truly dubious logic: the government's interest in protecting Americans overshadows one citizen's interest in staying alive. Somehow, the desire to stay alive doesn’t count for much because al-Awlaki belonged to al-Qaeda and was in the backlands of Yemen, which meant that he was not conveniently available by capture for a trial date. Admittedly, there’s no undoing death in a drone killing, but so what.

The white paper also draws heavily on the use of the balancing test in the case of Hamdi v. Rumsfeld, in which the U.S. rendered from Afghanistan Yaser Hamdi, a Saudi-American citizen, and sought to detain him indefinitely without trial. After a long legal battle that went to the Supreme Court, the balance test was applied to limit — but not fully do away with — due process. Despite limiting Hamdi’s rights in service to the war on terror, the court was clear: Yaser Hamdi should have a meaningful opportunity to challenge his status. Fearing that giving him his moment in court would expose the brutal reality of his capture, interrogation, and detention, the U.S. government instead released him to Saudi Arabia.

Hamdi's case dealt with procedural questions, such as whether he should be allowed a trial and if so, under what conditions. As with Mathews v. Eldridge, Hamdi never focused on issues of life and death. Cases can be (re)tried, prisoners released, property returned. Dead is dead — in the case of al-Awlaki that applies to the drone’s target, the balance test, and the Fifth Amendment itself.

What Do Words Mean in Post-Constitutional America?

Having dispensed with significant constitutional issues thanks to some exceedingly dubious logic, the white paper returns to its basic premise: that a kill is legal when that "informed, high-level official” determines that an “imminent threat” to the country is involved. In other words, if the president is convinced, based on whatever proof is provided, he can order an American citizen killed. The white paper doesn’t commit itself on how far down the chain of “high-level officials” kill authority can be delegated. Could the Secretary of the Interior, for instance, issue such an order? He or she is, after all, eighth in the line of succession should the president die in office.

The white paper does, however, spend a fair amount of time explaining how the dictionary definitions of "imminent" and “immediate” do not apply. For kill purposes, it says, the U.S. must have "clear evidence that a specific attack on U.S. persons will take place in the immediate future." However, the paper goes on to explain that “immediate” can include a situation like al-Awlaki’s in which a person may or may not have been engaged in planning actual attacks that might not be launched for years, or perhaps ever. The paper claims that, since al-Qaeda would prefer to attack the U.S. on a continual basis, any planning or forethought today, however fantastical or future-oriented, constitutes an "imminent" attack that requires sending in the drones.

And if, as perhaps the author of the paper suspected, that isn’t really enough when faced with the bluntness of the Constitution on the issue, the white paper haphazardly draws on the public authority justification. According to this legal concept, public authorities can, in rare circumstances, violate the law  — a cop can justifiably kill a bad guy under certain conditions. By extension, the white paper argues, the government of the United States can drone-kill a citizen who is allegedly a member of al-Qaeda. The white paper conveniently doesn’t mention that police shootings are subject to judicial review, and those who commit such unlawful acts can face punishment. The laws behind such a review are unclassified and public, not the rationed fodder of a redacted white paper.

For the final nail in the coffin of some American citizen, the white paper concludes that, Fifth Amendment violation or not, its arguments cannot be challenged in court. In cases of “foreign policy,” courts have traditionally almost always refused to intervene, holding that they are in the realm of the executive branch in consultation, as required, with Congress. Killing an American abroad, the white paper insists, is a foreign policy act and so none of any courts' business.

Principles

Substantive due process legally applies only to legislation, and it is highly unlikely that the Obama administration will seek legislative sanction for its kill process. So it is in one sense not surprising that the white paper makes no mention of it. However, looking at what we can read of that redacted document through the broader lens of substantive due process does tell us a lot about Post-Constitutional America. In Constitutional America, the idea was that a citizen’s right to life and the due process that went with it was essentially an ultimate principle that trumped all others, no matter how bad or evil that person might be. What is important in the white paper is not so much what is there, but what is missing: a fundamental sense of justness.

As medieval kings invoked church sanction to justify evil deeds, so in our modern world lawyers are mobilized to transform government actions that spit in the face of substantive due process — torture, indefinite detention without charge, murder — into something “legal.” Torture morphs into acceptable enhanced interrogation techniques, indefinite detention acquires a quasi-legal stance with the faux-justice of military tribunals, and the convenient murder of a citizen is turned into an act of “self-defense.” However unpalatable Anwar al-Awlaki's words passed on via the Internet may have been, they would be unlikely to constitute a capital crime in a U.S. court. His killing violated the Fifth Amendment both procedurally and substantively.

Despite its gravity, once the white paper was pried loose from the White House few seemed to care what it said. Even the New York Times, which had fought in court alongside the ACLU to have it released, could only bring itself to editorialize mildly that the document offered “little confidence that the lethal action was taken with real care” and suggest that the rubber-stamp secret Foreign Intelligence Surveillance Court be involved in future kill orders. The ACLU's comments focused mostly on the need for more documentation on the kills. Meanwhile, a majority of Americans, 52%, approve of drone strikes, likely including the one on Anwar al-Awlaki.

The Kind of Country We Live In

We have fallen from a high place. Dark things have been done. Imagine, pre-9/11, the uproar if we had learned that the first President Bush had directed the NSA to sweep up all America's communications without warrant, or if Bill Clinton had created a secret framework to kill American citizens without trial. Yet such actions over the course of two administrations are now accepted as almost routine, and entangled in platitudes falsely framing the debate as one between “security” and “freedom.” I suspect that, if they could bring themselves to a moment of genuine honesty, the government officials involved in creating Post-Constitutional America would say that they really never imagined it would be so easy.

In one sense, America the Homeland has become the most significant battleground in the war on terror. No, not in the numbers of those killed or maimed, but in the broad totality of what has been lost to us for no gain. It is worth remembering that, in pre-Constitutional America, a powerful executive — the king — ruled with indifference to the people. With the Constitution, we became a nation, in spirit if not always in practice, based on a common set of values, our Bill of Rights. When you take that away, we here in Post-Constitutional America are just a trailer park of strangers.

Peter Van Buren blew the whistle on State Department waste and mismanagement during the Iraqi reconstruction in his first book, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People. A Tom Dispatch regular, he writes about current events at his blog, We Meant Well. His new book, Ghosts of Tom Joad: A Story of the #99Percent, is available now.

Copyright 2014 Peter Van Buren

Dead Is Dead