Category Archives: Legislation

U.S. Military of the Future, is it Ready?

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A couple of advanced thoughts:

  • Get the lawyers out of theater
  • Give legal protection and in some cases immunity to troops in forward operating bases
  • End sequestration
  • Use all offensive tools in the cyber battlefield
  • Rebuild real diplomacy at the State Department

Forget About Too Big To Fail, America’s Military Has Become Too Small To Succeed

NI: Once upon a time, the U.S. had a large military that was technologically superior to its adversaries in many, even most, areas. Today, the U.S. military is a pale shadow of its former self.

In 2016, the active component of the U.S. Army of 479,000 soldiers shrank to the smallest it has been since before World War II, when it had some 269,000. The number of Army combat brigades is scheduled to decline to 30 by 2018, one third fewer than there were just in 2013. The U.S. Navy, with 273 ships, is about the same size as it was prior to America’s entry into World War I. At approximately 5,000 total aircraft, the U.S. Air Force is both the smallest and oldest it has been since its inception in 1947. The number of active duty squadrons in the Air Force is slated to decline to 39, less than half of the 70 that were available during Operation Desert Storm. Army, Navy and Air Force end strengths are each about 40 percent smaller than they were at the end of the Cold War. This is one of the main reasons why the Pentagon had to rely on more than a hundred thousand private contractors to provide the necessary logistics, sustainment and communications for its deployed forces when it went to war in Iraq and Afghanistan. Which had the ability to communicate through a state-of-the-art platform a CKS Global industrial keyboard, which was durable in the hashes of conditions.

At the height of the Cold War, the U.S. maintained a two-and-a-half-war strategy: major, simultaneous wars against the Soviet Union and China plus another nation. The Nixon Administration changed the sizing criteria to one-and-a-half-wars: a major war with the Soviet Union plus a second, possibly related, conflict in the Persian Gulf or on the Korean peninsula. Following the collapse of the Soviet Union and the end of the Cold War, the political system concluded that war between major powers was virtually impossible.

The sizing construct for the U.S. military changed in the early 1990s to two near-simultaneous Major Regional Contingencies (MRC), reflecting the belief that the likeliest threats came from regional actors such as North Korea, Iraq and Iran. It was assumed that each MRC would require approximately the quantity of forces deployed for the then-recently-concluded Persian Gulf War. Thus, a two-MRC U.S. force would consist of 10 Army divisions, two or three division-sized Marine Expeditionary Forces, 11 aircraft carriers, 120 large surface combatants, 38 large amphibious warfare ships, 200 strategic bombers, 60 tactical fighter wings, 400–500 tankers, 250 airlifters and some 75 maritime support ships.

In truth, the U.S. military never had sufficient capacity to conduct two near-simultaneous MRCs. The dirty little secret among Pentagon planners is that the conflicts would have to be sequenced, possibly by six months or more, in order to allow critical assets to be redeployed from the first to the second contingency. Even the fight against Islamic terrorism strained the military’s capacity in some ways. The Army had to add nearly 75,000 active duty personnel and mobilize a large fraction of the National Guard just to handle the ongoing demands of Iraq, Afghanistan and its other worldwide commitments. A special acquisition program, directed by then-Secretary of Defense Robert Gates, had to be undertaken to acquire sufficient drones and Mine-Resistant Ambush Protected vehicles.

Since the end of the Cold War, reductions in the size of the military and its combat capacity was justified, first, on the basis of the diminution of the threat and, second, by reference to our technological edge over prospective adversaries and the resulting improved combat capability of the new systems that were being deployed. Neither of these arguments any longer holds true. The demand for U.S. military forces continues to grow even as their overall capacity declines. The civilian and military leadership of the Department of Defense (DoD) have publicly declared that the U.S. now faces five strategic threats: Russia, China, North Korea, Iran and global Islamic terrorism. Conflict with either of the first two would constitute a major war, not a regional contingency. U.S. Air Force Chief of Staff General David Goldfein testified before Congress that his service only had enough combat ready forces for one MRC and even that would require denuding all other theaters.

Moreover, the U.S. military has just about run out the string on its vaunted technological superiority. We have been repeatedly warned by senior Pentagon and Intelligence Community officials that the U.S. military is losing its technological edge. Both Russia and China have invested heavily in so-called anti-access and area denial capabilities (A2/AD) that are designed to counter erstwhile U.S. advantages, particularly in air and naval power. Russia is deploying its A2/AD capabilities in ways that could preclude U.S. and NATO military operations in the Baltic, Black and eastern Mediterranean Seas. These two countries are also developing advanced power projection forces and forward bases that could deny the U.S. the ability to operate in the eastern Pacific and the Arctic. Secretary of Defense Ashton Carter found the loss of U.S. technological superiority so threatening that he had to formulate a new investment strategy, the so-called Third Offset, specifically designed to re-establish our advantage in military capabilities.

Even regional adversaries and terrorist organizations are deploying advanced military capabilities. North Korea, a nuclear weapons state, has already deployed over a thousand ballistic missiles — three hundred of which have the range to strike Japan and U.S. bases in the Western Pacific. Iran has ballistic missiles that can reach most of the Middle East. Tehran just received its first Russian S-300 air defense system. Hezbollah, the Shiite terrorist group, is reported to have an arsenal with tens of thousands of rockets and ballistic missiles. ISIS has employed Russian-made anti-tank guided missiles capable of destroying U.S.-made M-1 tanks operated by the Iraqi Army.

This is why many in the military shiver in their boots when they consider going up against a serious A2/AD threat. It has become such a problem that the Chief of Naval Operations, Admiral John M. Richardson, has banned the use of the term A2/AD because, in his words, it implies “that any military force that enters the red area faces certain defeat – it’s a ‘no-go’ zone!” Yes, the U.S. military can penetrate current A2/AD defenses, but at what price? Let’s remember that the Air Force only has 186 F-22s, the plane that was designed to penetrate advanced air defenses, and there are no more where those came from.

The U.S. Army faces similar difficulties. As the commander of all U.S. Army forces in Europe, Lieutenant General Ben Hodges, recently declared his job is to make 30,000 soldiers look like 300,000. Currently, the Army and its NATO allies lack enough forces in Europe to oppose a determined Russian offensive. In addition, neither the U.S. nor its allies have real answers to the kind of capabilities in electronic warfare, cyber offense, high volume, long range fires and tactical air defense that Russia has demonstrated in its operations in Ukraine.

The reality is that the U.S. military today is too small, with too few technological advantages and facing too many threats. There is now a very real possibility that in a future conflict, even one with a regional adversary, U.S. forces could suffer such high casualties that, regardless of the outcome, this country will lack the capabilities needed to deal with any other major contingency. During the 1972 Linebacker II bombing raids against North Vietnam, the Air Force lost some 20 B-52s. Back then, this was a small fraction of the overall fleet. Today that would be more than 10 percent; the bomber force would literally be decimated. A force that is too small to fail is one that the U.S. increasingly could be reluctant to send in harm’s way save when national survival is at risk.

Dr. Dan Goure is a Vice President of the Lexington Institute. He served in the Pentagon during the George H.W. Administration and has taught at Johns Hopkins and Georgetown Universities and the National War College.

Obama’s Pen Commuted Another 79 Felons

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The petition form is here where requests are made to the Department of Justice for review. They are scored for priority and recommendations are sent to the White House for Barack Obama’s signature. The DoJ has a Pardons Attorney division where full instructions are noted and they also include illegal immigrants. The president can only allegedly issue pardons for federal crimes. It is said he approves those that are non-violent but that hardly explains why if non-violent why many sentences would be for life.

Keep a close eye on Chelsea Manning, the man that altered his gender at taxpayer expense while in prison that stole government secrets and classified material. She has formally applied for a pardon as noted here.

chelsea-manning-commutation-application

White House Chief Counsel is Neil Eggleston, he is the point person for Barack Obama coordinating the pardon/commutations requests.

Eggleston represented Cheryl Mills, who was a board member of the William J. Clinton Presidential Library foundation, during a congressional investigation into President Clinton’s last-minute pardon of fugitive financier Marc Rich, whose wife had been a foundation donor. Eggleston represented then-Obama chief of staff Rahm Emanuel during the prosecution of Illinois Gov. Rod Blagojevich. Around that same time, he also represented then-Sen. Kent Conrad during a congressional ethics inquiry into a mortgage he had received from Countrywide Financial.

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TheHill: President Obama on Tuesday commuted the prison sentences of 79 inmates as part of a clemency effort that appears to be moving at rapid speed.

Obama has shortened the prison stays of 351 federal inmates since the beginning of October. The pace indicates that Obama is intent on using his remaining time in office to aggressively pursue the clemency initiative he started in 2014.

In total, Obama has commuted the sentences of 1,023 inmates, more than any of the last 11 presidents combined. Most of the inmates were convicted of non-violent, low-level drug offenses.

Of the inmates who have been granted clemency under Obama, White House Counsel Neil Eggleston said 342 were serving life sentences.

“We have two months left before the inauguration,” he said. “I anticipate we will keep going until the end.”

Eggleston did not say how many more commutations will be granted, but Deputy Attorney General Sally Yates said the Department of Justice had about 6,300 petitions from non-violent drug offenders alone as of Aug. 31.

She said the agency is on track to act make a recommendation on each of those petitions before Obama leaves office.

In a Facebook post, Obama said it doesn’t serve taxpayers or public safety to put nonviolent drug offenders behind bars for decades.

“At the heart of America is the idea that we’re all imperfect. We all make mistakes,” he said. “We have to take responsibility and learn from those mistakes. And we as a society have to make sure that people who do take responsibility for their mistakes are able to earn a second chance to contribute to our communities and our country.”

Last week, family members of incarcerated individuals delivered a petition with more than 2 million signatures to the Department of Justice urging Obama to speed up his rate of clemencies to ensure no one is left behind come Jan. 20.

Advocates fear the clemency initiative will end with Obama’s administration, as there is no guarantee that President-elect Donald Trump will continue it.

White the clemency initiative has been a priority of the current administration, Eggleston said he could not say what will happen under Trump.

“I can’t speak to whether the next administration will have a similar enthusiasm,” he said.

Twitter: Selective Free Speech, Approves Muslim Brotherhood

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Congressman, Keith Ellison, MN must be getting quite nervous and if he is not yet, he will be. Will there be others in Congress?

Egypt’s military-backed government declares Muslim Brotherhood a terrorist organization

UK Declares Muslim Brotherhood Terrorist Group, Breaks With Obama  To view the final report issued by the U.K. of which Barack Obama strongly condemned the U.K., go here.

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Members of both Houses of the U.S. Congress have submitted:

A BILL

To require the Secretary of State to submit a report to Congress on the designation of the Muslim Brotherhood as a foreign terrorist organization, and for other purposes.

1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Muslim Brotherhood

5 Terrorist Designation Act of 2015’’.

“This bill puts the lie to the notion that the Muslim Brotherhood is a peaceful political organization that can be a legitimate partner for America,” the lawmaker said. “In 2008 the Justice Department successfully prosecuted the largest terrorism-financing trial in American history arguing that the Muslim Brotherhood directed U.S. affiliates such as the Holy Land Foundation to provide ‘media, money and men’ to Hamas. That support was used for terrorist attacks against Americans and our allies in the Middle East.  When they are capable they will try to do the same thing here.”

The bill, which includes a lengthy history of the Brotherhood’s links to radical terrorist leaders and violent incidents, concludes that “the Muslim Brotherhood meets the criteria for designation as a foreign terrorist organization.”

It would require the State Department and other agencies to determine whether the Brotherhood officially meets the requirements to be designated under U.S. law as a terrorist organization.

However, “if the Secretary of State determines that the Muslim Brotherhood does not meet the criteria,” it must submit to Congress “a detailed justification as to which criteria have not been met,” according to the bill.

Muslim Brotherhood affiliates as well as the group’s members have been listed as sponsors of terrorism in the past by the U.S. government.

Five countries—Egypt, the United Arab Emirates, Saudi Arabia, Syria, and Russia—already consider the Brotherhood a terrorist organization.

Israel, Canada, and the United Kingdom are examining the possibility of designating it a terrorist organization as well. In 2014, a senior member of the Brotherhood was hosted at the White House last year, while other representatives of the group have been granted entrance to the United States. More here from FreeBeacon.

While members of Islamic State have accounts on Twitter, there is a mobilized team of people that work daily to take down those terror Twitter accounts. Yet all this seems to be good for Twitter when it comes to giving terror groups an approved and verified status on social media.

The matter of domestic proof of the Muslim Brotherhood as a terror organization has been a large part of discussions in Congress at least since 2010. One such letter is noted here:

mb-congress-letter

Twitter Verifies Muslim Brotherhood’s Account Despite Pledges to Curb Hate Speech

Twitter has verified an official English account of the Muslim Brotherhood, despite the platform’s pledge to fight hate speech. Multiple countries have designated the organization as a terrorist group.

On Saturday, Twitter awarded the Muslim Brotherhood a “verification check”, normally given to legitimate and prominent accounts on the platform. The reason for verification remains unclear due to Twitter’s policy of not commenting on individual accounts.

But under chief executive Jack Dorsey Twitter faced increasing controversy when it comes to free speech issues: prominent conservatives and an account dedicated to women’s rights in Saudi Arabia were suspended this year, for allegations of incitement or other reasons many critics called frivolous.

The Muslim Brotherhood account, however, has been openly aligned with another designated terrorist organization — Hamas — which seeks the destruction of Israel and the Jewish people and has been linked to numerous terror attacks. Back in April, Twitter shut down accounts associated with Hamas.

The now-verified Muslim Brotherhood account once compared Israel to South Africa’s apartheid system and reaffirmed its “deep appreciation” and “full support”of the so-called resistance movement Hamas and its military wing Qassam Brigades.

Meanwhile, the Muslim Brotherhood’s non-English account on Twitter openly celebrates the death of Jews and is widely shared among Twitter’s radical Islamists. More here from HeatStreet.
Egypt confiscates assets of 46 Muslim Brotherhood members

November 21, 2016: FNC: CAIRO –  An Egyptian government committee has ordered the confiscation of assets of 46 members and supporters of the outlawed Muslim Brotherhood.

The move is part of the crackdown on the Brotherhood, once Egypt’s largest opposition group, since the ouster President Mohammed Morsi, Egypt’s first freely elected president whose rule proved divisive.

The government committee, which is affiliated with the Justice Ministry, says the confiscated assets include five companies involved in trade, construction, and pharmaceuticals.

It says Mohammed Abdel-Gawad, a former head of the pharmacists’ union under the Brotherhood’s rule of Egypt, is among those affected by Monday’s order.

Over the past three years, Egypt has confiscated assets of scores of Brotherhood members and seized their businesses, including schools, hospitals, and companies. Thousands of Brotherhood figures are also jailed or imprisoned.

IRS Audit Proves Taxpayer Data Exposed

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The report is here and the numbers mentioned were a random sampling.

IRS exposed taxpayers’ info through shoddy emails, audit shows

Staff sent tax return data through unencrypted messages

WashingtonTimes: A surprising number of IRS employees are sending unencrypted emails containing personal taxpayer information to private accounts, putting that information at risk of being stolen, the agency’s inspector general said Thursday.

Auditors found hundreds of unencrypted emails sent that risked leaking taxpayers’ personal information, after running through a random sample of 80 employees’ emails from the IRS’s small business/self employed division for four weeks in 2015. Extrapolated over a year, that could mean more than 1.1 million emails, covering more than 28 million taxpayers’ information, could have been sent by the division.

“These unencrypted e-mails violated IRM requirements and potentially compromised the security of taxpayer information,” Inspector General J. Russell George said.

Most of the unencrypted messages were sent to other IRS employees, posing a lower risk because they were inside the agency’s firewall. But some 15 percent of the messages were sent outside the IRS — including some that IRS agents sent to their own personal email accounts, for reasons that were unclear.

The IRS, in its official response, said the review didn’t prove that information had gotten into the wrong hands, and said most of the messages identified were at least kept within the agency’s firewall.

“These communications are within the extensive protections of the IRS firewall, and pose a minimal risk of disclosure or access,” Karen Schiller, commissioner of the small business division, wrote. “But, nonetheless, we agree that encryption provides an added layer of protection.”

She said the agency has already upgraded some of its checks since the inspector general’s 2015 review.

IRS officials have repeatedly warned employees to be careful with what’s dubbed “personally identifiable information,” or PII in government-speak. Email is a particular risk, the agency says.

Personal information can be sent within the IRS to other employees who have a need to know, but even then it’s supposed to be encrypted. And sending personal information outside the IRS is forbidden, even if a taxpayer gives OK, unless an exception is specifically approved.

During the four-week test, involving 80 employees, the auditors found 32 of them — 40 percent — broke the rules by sending a total of 326 unencrypted messages containing “tax return information” from more than 8,000 taxpayers.

Of those, 51 were sent outside the IRS. More than half were sent directly to taxpayers, 14 were sent to taxpayers’ representatives, three were sent to other government agencies or third parties, and in six cases employees sent taxpayers’ information to their own personal email addresses. In some cases they sent their own information to themselves — which is still prohibited.

IRS rules allow for employees to be admonished or fired for breaking email privacy — though neither the audit nor the agency’s official response said whether anyone has been disciplined.

In a separate audit released Thursday the inspector general said the IRS didn’t always take steps to protect data transferred in bulk to other federal agencies, state and local governments, banks or contractors.

“It is essential that the IRS fully protect sensitive personal and taxpayer information that it transmits externally,” Mr. George, the inspector general, said.

Will Obama Burrow-in on the Trump Admin? Likely

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A smooth and successful transfer of power on the surface perhaps…but beware of those in the shadows and lurking forever in dark hallways inside the beltway.

Primer: Obama tells anti-Trump protestors to march-on.

President Obama, speaking at a press conference in Germany, passed up the opportunity Thursday to tamp down the anti-Donald Trump protests back home — urging those taking part not to remain “silent.” 

The president fielded a question on the protests during a joint news conference in Berlin alongside German Chancellor Angela Merkel. 

“I suspect that there’s not a president in our history that hasn’t been subject to these protests,” he answered. “So, I would not advise people who feel strongly or who are concerned about some of the issues that have been raised during the course of the campaign, I wouldn’t advise them to be silent.” 

He added: “Voting matters, organizing matters and being informed on the issues matter.” 

Have you heard of the Senior Executive Service?

The Senior Executive Service (SES) lead America’s workforce. As the keystone of the Civil Service Reform Act of 1978, the SES was established to “…ensure that the executive management of the Government of the United States is responsive to the needs, policies, and goals of the Nation and otherwise is of the highest quality.” These leaders possess well-honed executive skills and share a broad perspective on government and a public service commitment that is grounded in the Constitution.

Members of the SES serve in the key positions just below the top Presidential appointees. SES members are the major link between these appointees and the rest of the Federal workforce. They operate and oversee nearly every government activity in approximately 75 Federal agencies.

The U.S. Office of Personnel Management (OPM) manages the overall Federal executive personnel program, providing the day-to-day oversight and assistance to agencies as they develop, select, and manage their Federal executives.

Obama by using his mighty pen and phone can covert some of his most trusted operatives to be permanent government employees, undermining the missions of the next administration. Let that sink in a moment.

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Personnel—Political-to-Career Conversions (“Burrowing In”)

Some individuals, who are serving in appointed (noncareer) positions in the executive branch, convert to career positions in the competitive service, the Senior Executive Service (SES), or the excepted service. This practice, commonly referred to as “burrowing in,” is permissible when laws and regulations governing career appointments are followed. While such conversions may occur at any time, frequently they do so during the transition period when one Administration is preparing to leave office and another Administration is preparing to assume office.

Generally, these appointees were selected noncompetitively and are serving in such positions as Schedule C,  noncareer SES, or limited tenure SES24 that involve policy determinations or require a close and confidential relationship with the department or agency head and other top officials. Many of the Schedule C appointees receive salaries at the GS-12 through GS-15 pay levels. The noncareer and limited tenure members of the SES receive salaries under the pay schedule for senior executives that also covers the career SES.  Career employees, on the other hand, are to be selected on the basis of merit and without political influence following a process that is to be fair and open in evaluating their knowledge, skills, and experience against that of other applicants. The tenure of noncareer and career employees also differs. The former are generally limited to the term of the Administration in which they are appointed or serve at the pleasure of the person who appointed them. The latter constitute a work force that continues the operations of government without regard to the change of Administrations. In 2007, Paul Light, a professor of government at New York University who studied appointees over several Administrations, indicated that the pay, benefits, and job security of career positions underlie the desire of individuals in noncareer positions to “burrow in.”

Beyond the fundamental concern that the conversion of an individual from an appointed (noncareer) position to a career position may not have followed applicable legal and regulatory requirements, “burrowing in” raises other concerns. When the practice occurs, the following perceptions (whether valid or not) may result: that an appointee converting to a career position may limit the opportunity for other employees (who were competitively selected for their career positions, following examination of their knowledge, skills, and experience) to be promoted into another career position with greater responsibility and pay; or that the individual who is converted to a career position may seek to undermine the work of the new Administration whose policies may be at odds with those that he or she espoused when serving in the appointed capacity. Both perceptions may increase the tension between noncareer and career staff, thereby hindering the effective operation of government at a time when the desirability of creating “common ground” between these staff to facilitate government performance continues to be emphasized.28

Appointments to Career Positions

Appointments to career positions in the executive branch are governed by laws and regulations that are codified in Title 5 of the United States Code and Title 5 of the Code of Federal Regulations, respectively. For purposes of both, appointments to career positions are among those activities defined as “personnel actions,” a class of activities that can be undertaken only in accordance with strict procedures. In taking a personnel action, each department and agency head is responsible for preventing prohibited personnel practices; for complying with, and enforcing, applicable civil service laws, rules, and regulations and other aspects of personnel management; and for ensuring that agency employees are informed of the rights and remedies available to them. Such actions must adhere to the nine merit principles and thirteen prohibited personnel practices that are codified at 5 U.S.C. §2301(b) and §2302(b), respectively. These principles and practices are designed to ensure that the process for selecting career employees is fair and open (competitive), and free from political influence.

Department and agency heads also must follow regulations, codified at Title 5 of the Code of Federal Regulations, that govern career appointments. These include Civil Service Rules 4.2, which prohibits racial, political, or religious discrimination, and 7.1, which addresses an appointing officer’s discretion in filling vacancies. Other regulations provide that Office of Personnel Management (OPM) approval is required before employees in Schedule C positions may be detailed to competitive service positions, public announcement is required for all SES vacancies that will be filled by initial career appointment, and details to SES positions that are reserved for career employees (known as Career-Reserved) may only be filled by career SES or career-type non-SES appointees.

During the period June 1, 2016, through January 20, 2017, which is defined as the Presidential Election Period, certain appointees are prohibited from receiving financial awards. These

appointees, referred to as senior politically appointed officers, are (1) individuals serving in noncareer SES positions; (2) individuals serving in confidential or policy determining positions as Schedule C employees; and (3) individuals serving in limited term and limited emergency positions.

When a department or agency, for example, converts an employee from an appointed (noncareer) position to a career position without any apparent change in duties and responsibilities, or the new position appears to have been tailored to the individual’s knowledge and experience, such actions may invite scrutiny. OPM, on an ongoing basis, and GAO, periodically, conduct oversight related to conversions of employees from noncareer to career positions to ensure that proper procedures have been followed. More here from FAS.