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As we previously reported on 20 October, “the Army is looking at extending the range of its Precision Strike Missile to 800 KM. This come following the dissolution of the INF Treaty which had limited ground based missile ranges to 500 KM. The Army’s Precision Fires Cross-functional team will ill conduct its first flight tests from two competitor companies before the end of the year. After the tests the Army will talk to the competitors about pursuing the extended ranges.”
This range extension is specifically oriented towards the ability to conduct operations in the Pacific from land based sites. Recently Jane’s has reported that the Navy and the USMC are looking at developing shore based Naval Strike Missiles. The concept is to take an existing sea based system and develop it so that it could be deployed on the land in support of USMC operations.
Inherent in the above are several inter-service conflicts.
- Do the naval strike missiles have the same capability as the Precision Strike Missiles that the Army is developing? If so are we seeing a duplication of effort and waste of resources?
- Is the island defense and land based missiles to assist in this an Army or USMC role and mission?
Presently the USMC does not contain any long range missile units while the Army does. It would thus appear that this is an Army mission—not a USMC mission. BUT
It would also appear the Naval Strike Missile could at least provide a start point for the Army Precision Strike Missile.
We would hope that the secretary of Defense will have these conflicts in roles and systems examined to save resources.
The War Powers Resolution was passed in 1973 by both Houses of Congress, overriding the veto of President Nixon. It was passed to reassert Congressional authority over the decision to send American troops to war. After President Nixon ordered the bombing of Cambodia without Congress’s consent, Congress passed the War Powers Resolution of 1973, intended to limit the president’s authority to conduct war.
At the time, President Richard Nixon vetoed the bill on constitutional grounds, arguing that the measure would define presidential war powers “in ways which would strictly limit his constitutional authority.” Nonetheless, a two-thirds majority in each congressional chamber overrode the veto.
The War Powers Resolution requires the president to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30-day withdrawal period, without a congressional authorization for use of military force or a declaration of war by the United States.
There have been several instances when the President has not notified Congress within the required 48 hours. In the case of the attack on General Soleimani the Trump administration made such a notification. However it would be easy to argue that Congress has already authorized military activities in Iraq and therefore that such a notification was not required.
Yesterday Congressional Democrats, seemed blissfully unaware of then-President Barack Obama’s rather expansive interpretation of the War Powers Resolution of 1973 during his strategically disastrous 2011 operation to oust Libyan strongman Muammar al-Qaddafi, suddenly seemed to care an awful lot about constitutional norms and separation of powers principles. Intellectual hypocrisy again.
Specifically, Speaker Nancy Pelosi’s House of Representatives debated whether to Congressionally impose War Powers Resolution limitations upon President Trump’s unilateral ability to ratchet up militancy actions with the Islamic Republic of Iran. In their crusade to hamstring the president’s conduct of his foreign policy vis-à-vis the Iranian regime, House Democrats even found several libertarian-leaning Republican allies.
In my opinion this exercise was misguided, because the War Powers Resolution is, and always has been, unconstitutional. It has never been challenged in the courts. This most recent effort was really an attempt by the Democrats to embarrass the president.
The Constitution divides foreign affairs powers between the legislative and executive branches. Among other enumerated powers in Article I, Section 8, Congress has the ability to “declare War,” “raise and support Armies,” “provide and maintain a Navy,” “make Rules for the Government and Regulation of the land and naval Forces,” “provide for calling forth the Militia,” and “provide for organizing, arming, and disciplining, the Militia.”
On the other hand, Article II of the Constitution provides that “[t]he President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.” The very first clause of Article II also vests the president with “[t]he executive Power” — meaning a “residual” foreign affairs power that encompasses all those powers not expressly delegated to Congress in Article I, Section 8.
Many legal scholars have conducted a careful, line-by-line overview of Congress’s enumerated powers and have concluded that the constitution does not provide a legislative means that could feasibly justify the War Powers Resolution. The most likely candidate is the Declare War Clause, but that provision happens to be woefully misunderstood by many lawyers and politicians across the ideological spectrum.
Congress can intervene to halt a president if it views a reckless warmonger is using the manifold tools it has at its disposal:
- Decreasing the size of the Pentagon’s budget by going line item-by-line item and removing various offensive-oriented materiel from the Department of Defense’s arsenal, or using its more general power of the purse to defund a war effort in its entirety
- This was what eventually happened in the Vietnam War case.
This interpretation of the Declare War Clause should not be nearly as controversial as it is. At the 1787 constitutional convention, the Framers actually conscientiously substituted out “make War” with “declare War.” In so doing, James Madison explained that it was imperative to leave to the president the “power to repel sudden attacks.” This ought to make a great deal of sense; as Alexander Hamilton would explain only six months after the constitutional convention in The Federalist No. 70, “[d]ecision, activity, secrecy, and despatch will generally characterize the proceedings of one man in a much more eminent degree than the proceedings of any greater number.”
Finally, in Article I, Section 10, the Constitution precludes a state from “engag[ing] in War, unless actually invaded, or in such imminent Danger as will not admit of delay.” The Framers were therefore aware of multiple verbs — “make” and “engage” — that could have clearly conveyed the meaning of an initiation of hostilities. But they didn’t use those words, and they didn’t use them for a reason. The Framers understood that there was great merit to leaving decisions such as the commencement of hostilities to one man, and not to a fractious Congress.
Congress already has a number of tools at its disposal to push back against a crusading commander-in-chief. As Andrew McCarthy wrote this week at Fox News, “No statute is needed to provide Congress with the power to frustrate unauthorized presidential war-making. The Constitution empowers the legislature to do so by simply refusing to appropriate funds for military action.” But the Declare War Clause means something fundamentally different than what many believe it does.
No president, to date, has abided by the war powers act! Grenada, Lebanon, Panama, Libya being cases in point. They have avoided a legal show down by advising Congress after the fact of military action. President Obama in 2016 wrote: “I am providing this supplemental consolidated report, prepared by my Administration and consistent with the War Powers Resolution (Public Law 93-148), as part of my efforts to keep the Congress informed about deployments of U.S. Armed Forces equipped for combat.” The term “consistent with” has been used by multiple presidents. They were saying that their notification was not “as required” by the resolution, but “consistent with” it.. This wording was used to avoid a legal challenge to the requirements for notification of Congress for fear of the president losing to a liberal judiciary and thus a resulting limitation on presidential power.
The debate over the war powers of the Congress versus the President will continue and in most cases it will be highlighted when a house of Congress is controlled by a political party that does not control the White House. This is what we have just observed.
The strategic question is highlighted by the preemptive attack versus defensive reaction. If the War Powers goal of the House Democrats was to take away the president’s ability to preempt an Iranian attack it is both a strategic mistake and inconsistent with the war powers resolution. This is precisely what the Democrats sought: The resolution “requires the president to consult with Congress in every possible instanced before introducing United States Armed Forces in hostilities.” As a perceived new limitation on the ability of the president to use the military to protect US interests it would be tantamount to strategic surrender to the Iranians by denying the president multiple strategic options. This action thus must surely be nothing more than the Democrats expressing their angst against a successful presidential action.
The debate over war powers will most likely continue and will most likely never been finalized because the extreme answers available are strategic mistakes and such is realized by most clear thinking personnel.
One thing about getting older is that my personal data base has gotten much larger, however through all of the political battles and discussions of war and peace that I have observed and participated in I have never seen a political party that through its hypocrisy, lies and lack of constitutional grounding do so much to destroy our republic and divide the country. I am going to list some activities and then focus on the international situation in the post-Soleimani era. The Democrats have:
- Weaponized impeachment such that every future president who is opposed by the other party in the House of Representatives is an odds on favorite to be impeached for looking cross-eyed during the state-of-the-union.
- Now we hear that the House Intelligence Committee may consider the Soleimani attack as ground for another article of impeachment. (This could be an event filled with hypocrisy as all of Obama’s drone strikes are discussed.)
- The Speaker of the House is now seeking to micro-manage the President by proposing legislation that would limit the President’s authority in the current dust-up over the death of General Soleiman. The result would be to contribute to the overall lessening of presidential power that the Democrats seek given their lack of competitive candidates for the 2020 election.
- The left and their media allies are treating General Soleimani as a hero, not the butcher that he was. Of course they couldn’t congratulate the President for exploiting intelligence and attacking General Soleimani before he could launch his next terrorist attack.
- These critiques include questioning every military move made by the administration. The current media frenzy suggests that Saddam Hussein was correct when he determined that the US center of gravity was/is the body bag. Unfortunately, military operations are dangerous events and there will be casualties. But preemptive actions are designed to limit civilian and other casualties.
- By being afraid to suffer casualties (or even to appear that way) we are emboldening our enemies to try and inflict casualties. Thus, we should blame the Democrats and their media cohorts for every soldier, sailor airman or Marine who may become a casualty. My liberal friends will challenge this logic only because they know that it is correct and that hurts. Deterrence is about perceptions and the media and the Democrats are providing the wrong perceptions.
- Deterrence can include bluster. They have 35 targets and we have 52. Have they tried to hit 2 of their targets with their attack in Kenya and the cyber-attack against the national library? If so then we should expect several reactions in the coming days. The management of these targets will tell us a lot—whether there is an attempt to manage escalation or not.
- The composition of targets will also tell us a lot—casualty producing targets versus infrastructure/war fighting capabilities.
So where are we going? The Iranians are most likely emboldened by all of the political noise coming from the Democrats. This in ways seems like Deja vue all over again. The North Vietnamese could never defeat the United States on the battlefield but they undermined the political will to finish the fight. The current messages that our opponents are seeing is that the political will to fight has again been undermined—not by the acts of the Iranians or any of their proxies but by the desire of the left and the media to destroy this President and our current form of government.
We can only hope that people with reason will step forward as new leaders of the Democratic Party.
The Army is looking at extending the range of its Precision Strike Missile to 800 KM. This come following the dissolution of the INF Treaty which had limited ground based missile ranges to 500 KM. The Army’s Precision Fires Cross-functional team will ill conduct its first flight tests from two competitor companies before the end of the year. After the tests the Army will talk to the competitors about pursuing the extended ranges.
The announcement that the US would re-position some of its 1000 troops in Syria to avoid their being engaged by Turkish soldiers if they invade has created another firestorm in the media.
Now that the Turks have started their attack there are numerous reports flying around:
- Civilian targets are being attacked
- The Kurds have requested that the US impose and enforce a “no fly zone.”
- The Senate is considering severe sanctions against Turkey
The media and even some Republicans fear is that Kurdish fighters may be attacked by Turkish armed forces moving into north-eastern Syria. In essence the media and other pundits are saying that the lives of US soldiers should remain at risk in order to protect the Kurds.
Hidden in all of this punditry are several hard facts:
- The Kurds, with US support are holding 11,000 ISIS prisoners. An attack on the Kurds would possibly result in their freedom.
- There are only about 50 Special Forces that are being tactically relocated.
- The US has always wanted the US presence in Syria to be a short term operation
- Now that the Turks have invaded their stated goal is to create a free zone in Syria so that many of the refugees that are in Turkey can be relocated to this safe zone
- There is no indication that the Russians in Syria will get caught up in engaging the Turks—if that should happen it could trip the NATO obligations of other states to come to the assistance of an attacked ally. There are even reports that the Russians were trying to negotiate some form of cease fire.
What I seem to have missed in the reporting is why the Turks chose to attack into Syria now. Probably missed because there are so many possible explanations:
- Expansion of Turkey’s geographic area of control
- Resettlement of Syrian refugees
- Further destabilizing Assad of Syria
- Weakening/destroying the Kurds
None of these explain the current timing. Could the real reason be because Erdogan is in trouble politically? The above objectives could all be valid but the domestic political situation is responsible for the present timing.
If the Turks don’t attack the Kurds and their US Special Forces advisors there will be no problem. The US will have reduced its footprint in Syria and be on the way out, leaving the resolution of the conflict to regional actors with the Kurds secure in an enclave away from the Turkish border.
So when you cut everything away the media frenzy is about US credibility in supporting allies in the future. This assumes that the Kurds are being deserted by their Special Forces advisor / assistants and especially that their logistical support and air support will be shut off. It is difficult to see that happening if for no other reason than the 11,000 ISIS prisoners that they hold.
In a perfect world the Kurds and Turks could coexist and the Syrian refugees could be relocated from Turkey into this safe zone. Such a coexistence would be a very fragile one.
Strategically, there is still something missing from the above discussion. We will watch the situation and update it as appropriate in the future.
We’ll see what happens.
Preamble: While I was on my hiatus the United States and Russia abrogated the Intermediate Range Nuclear Force (INF) Treaty. This is a treaty that I was involved in negotiating so I provide some insights today.
In1987 INF Treaty was agreed to between the US and the Soviet Union. The negotiations had their genesis in the NATO Dual Track Decision of 1979. In December 1979, the United States and its NATO allies adopted a long-term strategy to remove the threat posed by new Soviet intermediate-range missiles.
The Dual Track Decision was built on “two parallel and complementary approaches.” First, the United States agreed to deploy intermediate-range missiles of its own to Europe. European nations—Germany, Italy, the UK and Belgium agreed to have either ground-based long range cruise missiles or modernized Pershing missiles—Pershing IIs (PIIs)– stationed on their territory. Second, it would leverage these new missiles in an arms control negotiation with Moscow with the aim of convincing the Soviets to dismantle their weapons. The negotiations both within the US government and those with our NATO allies were extremely divisive.
In fact, as a participant in the intra-governmental activities I can attest to the issues involved. One short vignette might make the point. In 1979 the US and NATO were involved in the Mutual Balanced Force Reduction (MBFR) negotiations where the allies were seeking to reduce Soviet conventional forces in Eastern Europe. Part of the offer from NATO included the removal of nuclear capable Pershing I (PIs) missiles for a Soviet Tank Army. The Army Staff had been unsuccessful in convincing the Carter Administration that it was impossible to negotiate away Pershing Is (PIs) in MBFR and PIIs in the INF negotiations that were to be. Finally we took a model of a PI and a bag of parts over to the State Department. We tore the PI model apart and then using the bag of parts we build a model of a PII. Finally the light came on in Foggy Bottom.
Within Europe there were numerous anti-nuclear demonstrations. It was necessary to have multiple nations basing the new systems to insure that alliance resolve was maintained.
After 8 years of negotiations the resulting treaty required the United States and the Soviet Union to eliminate all of their nuclear and conventional ground-launched ballistic and cruise missiles with ranges of 500 to 5,500 kilometers. The treaty marked the first time the superpowers had agreed to reduce their nuclear arsenals, eliminate an entire category of nuclear weapons, and employ extensive on-site inspections for verification. As a result of the INF Treaty, the United States and the Soviet Union destroyed a total of 2,692 short-, medium-, and intermediate-range missiles by the treaty’s implementation deadline of June 1, 1991.
Like all arms control agreements between the US and the Soviet Union there were continual claims of treaty violations by both sides. The United States first alleged in its July 2014 Annual Compliance Report to Congress that Russia was in violation of its INF Treaty obligations “not to possess, produce, or flight-test” a ground-launched cruise missile having a range of 500 to 5,500 kilometers or “to possess or produce launchers of such missiles.” Subsequent State Department assessments in 2015, 2016, 2017, and 2018 repeated these allegations. In March 2017, a top US official confirmed press reports that Russia had begun deploying the noncompliant missile. Russia has denied that it is in violation of the agreement and has accused the United States of being in noncompliance.
In December 2017 the Trump administration released an integrated strategy to counter alleged Russian violations of the treaty, including the commencement of research and development on a conventional, road-mobile, intermediate-range missile system. In October 2018, President Trump announced his intention to “terminate” the INF Treaty, citing Russian noncompliance and concerns about China’s intermediate-range missile arsenal. Then in December, Secretary of State Pompeo announced that the United States found Russia in “material breach” of the treaty and would suspend its treaty obligations in 60 days if Russia did not return to compliance in that time. In February the Trump administration declared a suspension of US obligations under the INF Treaty and formally announced its intention to withdraw from the treaty in six months. Shortly thereafter, Russian President Vladimir Putin also announced that Russia will be officially suspending its treaty obligations as well.
Last August the United States formally withdrew from the INF Treaty.
The formal stated reason for withdrawal from the Treaty may have been Russian Non-Compliance, however in the second Obama Administration the US began its tilt away from the major threat being in Europe towards concern about the Chinese threat in the Pacific. One of the problems with defense in the region was that the US was prohibited from basing ground based intermediate nuclear forces on the littorals of China because they could range into Russia. Many work arounds were considered such as basing cruise missiles on barges—hence technically not ground based. Elimination of the treaty has solved this problem.
The US Army has been working on developing the hardware that would have the Army fighting a long range defense of islands in the Pacific without significant naval support. Strange task organizations of limited maneuver forces, but layered air/missile defense and engagement means out to 500 miles to engage a hostile naval force and attrite it without naval or air support have been looked at. If I were a sceptic I would suggest that this is the Army seeking to remain relevant in the Pacific Theater.
The Russians’ paranoia about being invaded from the expanded NATO (its Eastern European buffer seized after World War II is gone) is the reason for the basing of longer range nuclear forces in Eastern European Russia. The Russians perceive a strategic need to base intermediate range nuclear forces in the old treaty area to be able to deter the much expanded NATO. Can there be a new INF Treaty? Will the international dynamics be such as to create a win-win situation for the two sides?
Preamble: We have taken a sabbatical from writing articles for the last 18 months in response to the venom that is out there in the media. However, the US response to the Iranian attacks seems to indicate a completely new US approach to global stability. Therefore I felt duty bound to spell out my thoughts and respond to those who can only see their hate of this administration.
The recent Iranian attacks on the Saudi oil facilities in north eastern Saudi Arabia indicate an escalation by the Iranians. Why? Do the Iranians perceive that the US is powerless because of the Democratic calls for impeachment? Are the sanctions and limits on Iranian oil exports taking such a toll that the Iranians feel that the world will react to Saudi oil output short falls and try to force the US to relax its containment of Iran?
The lack of an American kinetic response has the world wondering what has changed in the US approach to the world. By listening to the president’s speech at the UN yesterday it is now very clear that the President does not see the US as the world’s policeman. In the name of regional stability the US is deploying defensive capabilities to Saudi Arabia.
The recent attacks show the deficiencies of the Saudi military. In spite of extensive expenditures their missile defense capabilities are still inadequate in the face of Iranian cruise missiles. Reports indicate that the problems are both the training of the force and the needs of a modern missile defense.
Missile defense requires the ability to intercept multiple types of missiles through a complex spectrum of missile types. Most missile defense systems can be overcome by a volume of missiles. The Israeli “Iron Dome” system attempts to discriminate based on a calculation of impact points. Will incoming missiles hit critical assets? The Saudi system has not reached the degree of sophistication required to make such a discrimination automatically.
The lack of a kinetic attack illustrates the new Trump Doctrine—allies must protect themselves and respond to attacks using their own capabilities. The US will assist where necessary to maintain stability until the allies have developed their own capabilities. This approach means that the Saudis and the Gulf Cooperative Council members should respond to threats. The US may provide technical assistance in such a response, but one should not expect US forces attacking Iran unless US forces have been directly engaged by Iranians.
The military situation in the Gulf is truly asymmetric, but in a different way than the discussion of conventional forces versus terrorists or unconventional forces. The Iranians have devoted a significant part of their defense development to offensive missiles and small attack boats, while the Gulf States have focused on air power and defensive forces. As noted above the Iranian missile assets can most likely overpower the defenses of the Gulf States. However, a series of preemptive attacks might go a long way in leveling the battle field. One could even envision the Apache attack helicopters that the Saudis have being able to go in under the Iranian radar and doing extensive damage.
Will the Saudis/Gulf States respond? The answer to this question is probably in the Iranian hands. If they push the opportunity that they may perceive exists because of the political situation in the US they may in fact cause a reaction with extensive US support. On the other hand if the new status quo continues nothing may happen. The status quo favors the Saudis and the Gulf States as the political situation in Iran may continue to deteriorate and they can enhance their defensive and offensive capabilities.