Tag: military operations
Obama’s Legal Rationale For War Against Islamic State Secret And ‘Very Thin’

Obama’s Legal Rationale For War Against Islamic State Secret And ‘Very Thin’

By Marisa Taylor and Jonathan S. Landay, McClatchy Washington Bureau (TNS)

WASHINGTON — As U.S. military operations against the Islamic State approach the one-year mark, the White House has failed to give Congress and the public a comprehensive written analysis setting out the legal powers that President Barack Obama is using to put U.S. personnel in harm’s way in Iraq and Syria.

The absence of an in-depth legal rationale takes on greater urgency with Obama’s decision this week to dispatch up to an additional 450 U.S. military trainers and other personnel to Iraq and to establish a second training site for Iraqi forces in war-ravaged Anbar province, most of which is under Islamic State control.

The only document the White House has provided to a few key lawmakers comprises four pages of what are essentially talking points, described by those who’ve read them as shallow and based on disputed assertions of presidential authority.

“It’s very thin,” Rep. Adam Schiff of California, the senior Democrat on the House Intelligence Committee, said of the document.

Schiff contended that without a new congressional resolution that specifically confirms the president’s power to intervene militarily against the Islamic State in Iraq and Syria, Obama is overseeing a dangerous expansion of presidential war-making powers.

“This is opening the door to future presidents making war without any reliance on congressional authorization,” said Schiff. He added that Congress also is to blame because it has failed to pass a new resolution expressly authorizing the deployment of U.S. military trainers, advisers and security units to Iraq and the use of U.S.-led airstrikes that have been staged against the Islamic State in Iraq since August and in Syria since September.

The absence of a public legal analysis — replete with court rulings and historical precedents — constrains public debate on the growing U.S. military role in the tumultuous Middle East nearly four years after Obama pulled U.S. combat troops out of Iraq, and has hampered congressional efforts to forge a new resolution on the Islamic State, also known as ISIL or ISIS.

“The burden is on the administration to come forward and ensure that its legal basis is justified and appropriate,” said Raha Wala, senior counsel for Human Rights First, a nonprofit New York-based advocacy group. “In any democracy, we can’t operate with secret law.”

More significantly, by not setting out a legal case in public documents, Obama may be trying to preserve his flexibility to authorize new operations against the Islamic State or other extremist groups elsewhere, unfettered by constraints that could be imposed by Congress.

In his secretive and expansive view of presidential powers, some experts see Obama following the lead of his predecessor, George W. Bush.

The administration’s only public articulation of its legal position has come in speeches, letters and the four-page document provided to key lawmakers — titled “Legal Basis for U.S. Military Operations in Syria” — that was drafted around the same time of the first U.S. airstrikes on the Islamic State in Syria. By contrast, a secret 2010 Justice Department opinion — released by the administration under court order — that authorized the targeted killing of American leaders of al-Qaida runs 31 pages and cites extensive examples of domestic and international laws and U.S. court decisions in setting down a comprehensive framework for such operations.

When it comes to Syria and Iraq, the administration “has clearly articulated our legal authorities in numerous public venues including White House press briefings, congressional testimonies and other forums,” said a White House official who is knowledgeable of the issue but wasn’t authorized to speak publicly as a matter of practice.

The president’s legal team “engaged with lawyers from key departments and agencies in discussions about the underlying authorities for those actions,” said the White House official.

“It defies common sense to believe that the president has taken this type of action based on a four-page set of bullet points and not a full legal analysis by either the Office of Legal Counsel or the White House counsel,” said Chris Anders, senior legislative counsel for the American Civil Liberties Union. “This is too important of a decision to be made without that kind of legal advice.”

Initially, the administration argued that Obama could authorize military operations under Article Two of the Constitution, which designates him as the commander in chief of the U.S. armed forces.

But under fire from Congress, the administration adopted as its main arguments for Obama’s authority the 2001 congressional resolution that authorized the use of force against al-Qaida and “associated forces” and the 2002 resolution approving the invasion of Iraq and the overthrow of the late dictator Saddam Hussein.

The 2001 resolution “authorized the use of force against ISIL beginning in at least 2004, when ISIL, then known as al-Qaida in Iraq, pledged its allegiance to (the late Osama) bin Laden,” says the four-page document. “The recent split between ISIL and al-Qaida’s current leadership does not remove ISIL from coverage.

“Although the threat posed by Saddam Hussein’s regime in Iraq is the focus of the 2002 (resolution), the statute … has always been understood to authorize the use of force for additional purposes,” it says.

Those administration assertions, however, only generated more heat.

Critics dismissed the White House’s assertion that the Islamic State is an appendage of al-Qaida, pointing to the 2014 rupture between the two extremist organizations and the ongoing battles they’re fighting in Syria. Moreover, they say, the Islamic State didn’t exist in 2001.

Critics also reject the administration’s reliance on the 2002 resolution because Saddam is no longer in power and the situation in Iraq is radically different.

“There’s no question in my mind that the ongoing war against ISIL goes well beyond the existing 2001 and 2002 (resolutions),” said Sen. Tim Kaine, D-Va., who this week introduced with Sen. Jeff Flake, R-Ariz., draft legislation that would authorize the U.S. campaign against the Islamic State.

The White House and the Justice Department have refused to even acknowledge if the president has sought a written legal analysis underpinning his authority. The White House referred McClatchy to the Justice Department, which declined to comment.

(Anita Kumar contributed to this report.)

(c)2015 McClatchy Washington Bureau. Distributed by Tribune Content Agency, LLC.

File photo: U.S. President Barack Obama speaks on the legislation he sent to Congress today to authorize the use of military force (AUMF) against Islamic State in the Roosevelt Room of the White House Feb. 11, 2015 in Washington, D.C. (Olivier Douliery/Abaca Press/TNS)

Navy Conducts First Series Of Drone And Manned Fighter Jet Operations

Navy Conducts First Series Of Drone And Manned Fighter Jet Operations

By W.J. Hennigan, Los Angeles Times

The U.S. Navy said its jet-powered, bat-winged X-47B drone has conducted carrier deck operations and performed maneuvers alongside an F/A-18 fighter jet, marking the first time manned and unmanned aircraft have operated together on the same carrier.

Navy officials hailed the test flights of the experimental drone, which were completed Sunday on the Theodore Roosevelt in the eastern Atlantic Ocean, as a milestone in carrier-based naval aviation.

“Today we showed that the X-47B could take off, land, and fly in the carrier pattern with manned aircraft while maintaining normal flight deck operations,” said Capt. Beau Duarte, program manager for the Navy’s unmanned carrier aviation office, in a statement. “This is key for the future carrier air wing.”

Combat drones used by the Air Force and CIA are controlled remotely by a human pilot, often sitting thousands of miles away. The Navy drone is designed to carry out a combat mission controlled almost entirely by a computer.

A human pilot would design its flight path and send it on its way. A computer program would guide it from a ship to the target and back.

Unlike the Predator and other propeller-driven combat drones, the X-47B is stealthy and jet-powered. Built by Northrop Grumman Corp., it looks like a mini-B-2 stealth bomber.

The drone has a weapons bay with a payload capacity of 4,500 pounds, but the Navy said it has no plans to arm the aircraft.

After taking off Sunday morning, the drone flew in the landing pattern with the F/A-18 at approach speeds of 120 mph, at a pattern altitude of 1,200 feet, Northrop said.

After a short flight, the X-47B came in for an arrested landing where a deck-based operator used a deck handling control to manually move it out of the way and taxied it out of the landing area.
The F/A-18 then touched down, close behind the drone.

“This cooperative launch and recovery sequence will be repeated multiple times over the course of the planned test periods,” the Navy said. “The X-47B performed multiple arrested landings, catapults, flight deck taxiing and deck refueling operations.”

The drone has a 62-foot wingspan and can fly higher than 40,000 feet. It has a range of more than 2,400 miles and can reach high subsonic speeds. The Navy has nicknamed it “Salty Dog 502.”

Navy fighter pilots may fly missions that last as long as 10 hours. Drones can fly for three times that long.

The X-47B is an experimental jet — that’s what the X stands for — and is designed to demonstrate new technology, such as automated takeoffs, landings, and refueling.

The Navy said it will continue tests over the next year to demonstrate the integration of unmanned carrier-based aircraft.

The cost of the program, known as Unmanned Carrier Launched Airborne Surveillance and Strike, is estimated at as much as $5.9 billion through 2020, according to the Government Accountability Office.

AFP Photo/Saul Loeb

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Ukraine Orders Military Operation Against Rebels After Biden Leaves

Ukraine Orders Military Operation Against Rebels After Biden Leaves

Kiev (AFP) – Ukraine relaunched military operations against pro-Kremlin separatists late Tuesday, hours after U.S. Vice President Joe Biden ended a two-day Kiev visit in which he warned Russia over its actions in the former Soviet republic.

The U.S. Defense Department at the same time announced it was sending 600 U.S. troops to neighboring Poland and to Baltic countries for “exercises.”

Russia already has tens of thousands of its troops massed on Ukraine’s eastern border.

The latest moves underscored the severity of the crisis that has brought East-West relations to their most perilous point since the end of the Cold War.

Ukraine’s acting president, Oleksandr Turchynov, late Tuesday said he was ordering the military to restart operations against the rebels after the discovery of two “brutally tortured” bodies in the eastern rebel-held town of Slavyansk.

One of them, he said, was that of a recently kidnapped local councilor from a nearby town who belongs to his party.

Turchynov earlier Tuesday said the rebels’ refusal to comply with an accord signed last week by Kiev, Moscow and the West to de-escalate the crisis “puts a cross” through the agreement.

A further indication of a slide back towards violence, which many fear could tip into civil war, came when a Ukrainian reconnaissance plane was hit by gunfire while flying above Slavyansk.

The Antonov An-30 propeller-driven plane received several bullet impacts, but safely made an emergency landing and none of its crew members was hurt, the defense ministry in Kiev said.

The Organisation for Security and Cooperation in Europe, which has monitors in the country, also said that rebels had abducted a police chief in the town of Kramatorsk — calling it the sort of “provocative” action that “can only worsen the existing tensions and contribute to further violence.”

Pro-Moscow militants had taken over Kramatorsk’s police station late Monday, extending their grip from the already occupied town hall.

Kiev, Washington and many EU countries see Moscow as pulling the strings in the Ukrainian separatist insurgency.

Biden, in his news conference in the capital after meeting Kiev’s leaders, warned Russia of isolation if it continues to try to “pull Ukraine apart,” underlining a U.S. threat to impose more sanctions on Moscow.

“We have been clear that more provocative behavior by Russia will lead to more costs and to greater isolation,” said the vice president.

But Russia says Kiev’s leaders — whom it regards as illegitimate — are to blame for the collapse of the accord.

It says ultra-nationalists who were involved in months of Kiev protests that ousted pro-Kremlin president Viktor Yanukovych in February killed rebels in an attack Sunday near the eastern town of Slavyansk.

A funeral for the militants was held on Tuesday. Bells rung loudly from Slavyansk’s Orthodox church and women wept as three coffins were carried out.

Biden, after meeting Ukraine’s leaders in Kiev, called on Russia to pull back its forces from Ukraine’s border, and to reverse its annexation last month of Ukraine’s Crimea peninsula.

“We in the United States stand with you and the Ukrainian people,” Biden said in a joint news conference with Ukrainian Prime Minister Arseniy Yatsenyuk.

He added that the United States was stepping up to help Ukraine lessen its dependence on Russian gas, fight corruption, and prepare for a May 25 election to choose a new president.

Yatsenyuk responded that Kiev valued the U.S. support against what he said was a Russia “acting like an armed bandit.”

In Moscow, Russian Prime Minister Dmitry Medvedev dismissed the U.S. threat of new sanctions.

“I am sure we will be able to minimize their consequences,” he said in a televised speech to the Russian parliament.

However he acknowledged that Russia’s economy was facing an “unprecedented challenge.”

Russia’s finance ministry said Monday the energy-rich nation could tip into “technical recession” over the next three months. Last week it warned Russia was facing the toughest economic conditions since 2009, when a serious slowdown occurred.

The European Union, meanwhile, is divided on going further with its own sanctions on Moscow, with some member states worried that increased punishment could jeopardize supplies of Russian gas.

As the crisis deepens, the insurgents in Ukraine’s east remain firmly entrenched in public buildings they have occupied for more than a week.

In the town of Lugansk, close to the Russian border, protesters pledged to hold their own local referendum on autonomy on May 11, the Interfax-Ukraine news agency reported.

Although highly trained military personnel, whose camouflage uniforms are stripped of all insignia, are helping the rebels secure the some 10 towns they hold, Russian President Vladimir Putin denies they are Russian special forces.

But the U.S. State Department released images Monday it claims proves some of the armed “separatists” in Ukraine are actually Russian military or intelligence officers.

In a separate development, Sweden, which is not a NATO member, announced Tuesday it was increasing defense spending because of the “deeply unsettling development in and around Ukraine.” It plans to boost its fleets of fighter jets and submarines.

AFP Photo/Alexey Kravtsov