As it weighs the nomination of Tulsi Gabbard for the position of Director of National Intelligence, the United States Senate faces a fundamental choice: Should it reject those like Gabbard who challenge conventional wisdom, or should it recognize that sensibly questioning orthodox views is essential to avoid the kinds of intelligence and foreign policy failures we have experienced in such places as Iraq, Libya, Afghanistan, and Ukraine?
The New York Times’ recent attack on Gabbard’s religious beliefs suggests that the foreign policy establishment is much more concerned about protecting its power than about the dangers of majoritarian intolerance that prompted the Bill of Rights. But disrespect for minority views and constitutional freedoms is exactly what most plagues our Intelligence Community (IC).
In fact, a form of groupthink has driven establishment approaches to national security for many years. It is rooted in three implicit assumptions.
Consensus Judgments are Correct Judgments. “The National Security Council’s consensus view tends to be the best, most informed judgment across… the U.S. government,” proclaimed NSC staffer Alexander Vindman while testifying in President Trump’s first impeachment trial over Ukraine in 2019.
He referred explicitly to this interagency consensus almost three dozen times in the course of his testimony, condemning Trump’s departures from it. This belief, that consensus views are most likely to be correct views, underpins the IC’s approach to analysis.
Using what the IC calls “coordination” to weed out basic errors is a sound approach to fact-checking, but it is not the best way to anticipate future discontinuities or overcome confirmation bias.
In fact, history is riddled with examples of consensus analytic judgments that proved false. Iraq had destroyed its stockpiles of weapons of mass destruction (WMD) well before Operation Iraqi Freedom. The so-called “Washington Consensus” on political and economic reform in 1990s-era Russiaproved disastrous. Bringing China into the World Trade Organization did not produce a liberalizing middle class. Deposing Muammar Qaddafi failed to bring democracy and stability to Libya. Given this record, should Gabbard’s controversial warning that Assad’s removal might pave the way to radical Islamic rule in Syria be considered a disqualification?
The point is not that minority judgments are usually correct. It is that in many of these past examples, those who rightly questioned majority views did so at their personal and professional peril. If the IC is to improve its analytic record, it needs to promote rather than penalize diverse thinking and employ rigorous methodology to explain instances where objective analysts might reasonably offer alternatives to mainstream opinion.
Americans Can Trust the IC to Respect Civil Liberties. In 2013, Edward Snowden, employed at the time as a contractor by the National Security Agency, leaked reams of documents exposing highly classified intelligence programs that trampled on the privacy rights of American citizens. Some were horrified by the excesses revealed by the leaks. Many were outraged that Snowden had violated the law and put our nation’s security at risk. Both sides raised valid concerns.
Snowden was undoubtedly wrong to make himself the arbiter of whether classified information should be published, and his decision to defect to Russia only fueled questions about his motives and patriotism. But at the same time, the material he published highlighted the dangers of relying on the IC to police its own compliance with constitutional law and bureaucratic regulations.
His leaks also exposed the ways that new information technologies have eroded the wall that once separated foreign intelligence collection from America’s domestic affairs. This erosion has led to increasing IC involvement in electoral politics—rendering public judgments about what U.S. presidential candidates our adversaries prefer, for example—and to a growing role as arbiter of what constitutes “disinformation” in our public discourse. This has distorted important debates over such issues as Russiagate, the Hunter Biden laptop, and the origins and treatment of COVID-19.
Safeguarding democracy requires striking a reasonable balance on the spectrum between absolute security and absolute freedom. Left to its own devices, the IC will naturally prioritize security, because that is its primary responsibility.
That means that new intelligence collection technology must be carefully constrained within law and overseen by elected representatives of the people in both Congress and the executive branch. It also means that we need IC leaders who, like Gabbard, are sensitive to the dangers of IC overreach in its collection programs and public activities.
Empathizing With Rivals is Wrong. In the messy political scrum over acquiring and exercising power over foreign policy, Americans have too often confused analytic empathy with sympathy for the views and agendas of foreign adversaries. Hence the potency of Hillary Clinton’s accusation that Gabbard is a Russian “favorite” and the buzz from her skeptics that she harbors a disqualifying fondness for autocrats.
In fact, one of the most fundamental duties of any analyst of foreign affairs is to be able to walk in the shoes of adversaries and view U.S. actions from their perspective. That is not because their views are typically accurate and justified. Rather, it is because an inability to understand their perceptions and misperceptions greatly increases the likelihood of intelligence and policy failures.
Former Secretary of State Dean Acheson cited Washington’s misunderstanding of Japan’s perceptions as a central reason for the surprise over its attack on Pearl Harbor. Similarly, the WMD Commission highlighted a failure to grasp Saddam Hussein’s threat perceptions as a factor that led analysts to doubt he had destroyed Iraq’s stockpiles of WMD.
Securing a place for analytic empathy in the Intelligence Community is no easy task. In considering Gabbard, senators should ask themselves what combination of insight and political courage would have been required to dent the consensus views of the Iraq War and the intelligence used to justify it. They have a real-life example in the late Brent Scowcroft, whose warnings about the dangers of invading led to his expulsion from President Bush’s Foreign Intelligence Advisory Board.
A string of intelligence and foreign policy failures over the past several decades has undermined the trust of American people in the wisdom of Washington’s foreign policy establishment. In turn, its intrusive involvement in electoral politics has undermined the trust of Donald Trump and helped to elect him to a second term.
It is time to rebuild that trust. An establishment that zealously punishes dissenters and strictly polices public discourse is an establishment that is increasingly out of touch with the American people. And it is an establishment that is setting itself up for even more failures.
George Beebe spent more than two decades in government as an intelligence analyst, diplomat, and policy advisor, including as director of the CIA's Russia analysis and as a staff advisor on Russia matters to Vice President Cheney. He is the author of "The Russia Trap: How Our Shadow War with Russia Could Spiral into Nuclear Catastrophe" (2019).
Top photo credit: Tulsi Gabbard in Congress, July 2018 (LindamozukuCreative Commons)
In an op-ed today for the Detroit Free Press, Rep. Rashida Tlaib (D-Mich.) blasted her colleagues who voted to increase Pentagon spending while owning stock in weapons manufacturing companies.
“Our elected officials should not be able to profit off death,” she wrote. “They should not be able to use their positions of power to get rich from defense contractors while voting to pass more funding to bomb people.”
Tlaib also touted her Stop Politicians Profiting from War Act, which she introduced in the House early last year. The law would ban all members of Congress and their immediate families from owning stock in defense contractors.
If passed, the law would hamper dozens of congressional portfolios. A recent data analysis by the Quincy Institute’s Nick Cleveland Stout at Responsible Statecraft found that 37 members of Congress traded between $24 million and $113 million in defense stocks last year.
At the top of that list is Rep. Josh Gottheimer (D-N.J.), who traded a staggering $22 million in defense-related stocks despite claiming that he has “no idea” where his money is invested. Gottheimer sits on the Permanent Select Committee on Intelligence and the National Security subcommittee in the Committee on Financial Services.
While congressional representatives are often accused of using privileged government information to guide their trades, the military industrial complex is so profitable that even mainstream investment newsletters are urging their readers to get in on the action.
“The defense sector outlook remains strong as geopolitical conflict persists,” reads a U.S. News and World Report tagline for a January article titled “7 Best Defense Stocks to Buy Now.”
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Top Photo: In this image from United States Senate television, this is the scene in the US Senate Chamber during debate concerning an amendment to US Senate Resolution 483, during the impeachment trial of US President Donald J. Trump in the US Senate in the US Capitol in Washington, DC on Tuesday, January 21, 2020. Mandatory Credit: US Senate Television via CNP
The Senate voted Tuesday against advancing H.R. 23, which would impose sanctions on the International Criminal Court (ICC), to the Senate floor. This follows the successful passage of the same bill in the House — by a 243 to 140 vote — earlier this month.
The legislation is primarily a rebuke of the court for warrants issued in November for the arrest of Israeli Prime Minister Netanyahu and former Israeli Defense Minister Yoav Gallant for their alleged war crimes and crimes against humanity committed against Palestinians in Gaza.
But it turns out the Republican sponsors could not rally the 60 votes to advance the bill to the Senate floor. Only one Democrat, Pennsylvania's John Fetterman, voted with them, resulting in a final tally of 54-45.
Some Democrats have expressed support for legislation sanctioning the ICC but believe the current bill is too broad or, as Minority Leader Chuck Schumer indicated, “poorly crafted and deeply problematic."
New Hampshire Senator Jeanne Shaheen, top Democrat on the Senate Foreign Relations Committee, spearheaded negotiations with Republicans over some of the bill’s broad language and provisions. She and other Democrats were worried that the legislation, as written, could harm American tech contractors and companies that do business with the ICC and that the Senate should amend the legislation to protect these actors.
Humanitarian agencies have also expressed concern over the bill's potentially broad implications. Over 130 organizations sent a letter to Congress and the incoming administration urging “other governments, Members of Congress, and advocates for victims everywhere to raise their voices to oppose attacks on the independence and autonomy of international judicial institutions like the ICC.”
The letter points out that dismissing the ICC authority would undermine attempts to curb crimes against humanity in other countries where the United States has sided with the court, such as in cases against Putin in Russia and Sudan.
“(ICC) Sanctions send a signal that could embolden authoritarian regimes and others with reason to fear accountability who seek to evade justice,” claim the letter’s signatories."
Experts have also warned that sanctions could inhibit current investigations into other governments allied with the United States. In the Philippines, for example, the ICC is investigating extrajudicial killings that took place under former President Rodrigo Duterte and are allegedly occurring to this day as a consequence of Duterte’s harsh war on drugs.
“In the Philippines, reported extrajudicial drug war killings still number about one per day, and threats to the lives of people working to bring the perpetrators to justice are very real,” says David Borden, Executive Director at Stop the War on Drugs. “Sanctions have the potential to make the ICC unable to operate any of its programs, including those which provide protection to witnesses, and at a minimum would make things much more difficult.”
It is unclear if Republicans and Democrats in the Senate will work to amend the language of the ICC sanctions bill or if Republicans will opt to drop the issue for now.
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Top image credit: U.S. President Donald Trump holds a chart of military hardware sales as he welcomes Saudi Arabia's Crown Prince Mohammed bin Salman in the Oval Office at the White House in Washington, U.S., March 20, 2018. REUTERS/Jonathan Ernst
The Biden administration has left President Trump a surprisingly low bar when it comes to improving U.S. arms trade restraint. Unfortunately and dangerously, the Trump administration is likely to lower the bar even further.
On paper, many Biden-era arms trade policies sounded good to advocates for human rights and protection of civilians. His administration’s Conventional Arms Transfer (CAT) policy more fully elevated human rights concerns in part by calling for a halt to authorizations for transfers when certain harms were “more likely than not” — an improvement over previous approaches. Also positive were support for an international Political Declaration on the use of explosive weapons in populated areas, as well as Department of Defense and State policies on civilian protection such as CHMR-AP and CHIRG. Even NSM-20 was a notionally good policy in that it appeared to create a path to holding countries accountable for using weapons improperly. Plus, Biden reversed the first Trump administration’s stance on landmines and once again made it U.S. policy to eventually accede to the Mine Ban Treaty.
While these policies were often laudatory in writing, actual practice was devastating. The Biden administration’s contortions to not implement U.S. law that should have led to a halt on some (if not all) security assistance to Israel was the most high profile abandonment of a policy of restraint. So too were decisions to supply cluster munitions and landmines to Ukraine, weapons that the majority of countries — including a majority of NATO allies — had long agreed should be banned and that the United States had not used or transferred for more than a decade. The Biden administration also eventually continued arms transfers to rights-violating regimes in the Middle East, including Egypt and Saudi Arabia.
Receiving less attention was the sheer volume of arms transfers proposed and conducted under his administration. The latest State Department factsheet revealed that fiscal year 2024 arms transfers were “the highest ever annual total of sales and assistance provided to our allies and partners” via the Foreign Military Sales (FMS) process (emphasis is in the original document). FMS values were more than $100 billion in FY 2024 with a staggering $845 billion in open cases. More than $200 billion in authorizations were made via the separate Direct Commercial Sales process. The Forum’s tracking of FMS notifications by calendar year (as opposed to fiscal year), found nearly $146 billion in FMS sales were notified to Congress last year.
Trump is likely to aim to go higher. In 2017, his first international trip was to the Middle East where he announced $110 billion in arms sales to Saudi Arabia. Although that figure was inflated, it showed what would be a hallmark of his first term, which was the promotion of U.S. arms trade, including to autocratic regimes in the Middle East. He ended his term notifying Congress of more than $134 billion in potential FMS sales in 2020 (a figure higher than Biden’s 2024 totals when adjusted for inflation) that included $10 billion in F-35 sales to the United Arab Emirates that Biden slow-walked, with the deal collapsing.
Could Trump revive the deal? The UAE may have indicated before the election it would not be interested, but former State Department official Josh Paul said this month it’s one to watch.
Now, just a week into the second Trump presidency, all signs are pointing to a return to relatively unrestrained arms sales and even less concern for human rights.
One of the administration’s first actions was a 90-day suspension on foreign aid, but with an exemption for military assistance to Egypt and Israel. The Trump administration has already acted to remove sanctions on Israelis undermining peace in the West Bank and appears to have abandoned the Biden administration’s hold on the provision of 2,000-pound bombs to Israel, jettisoning what little restraint had remained. The Defense Department’s Civilian Protection Center of Excellence also appears to be in jeopardy. And while Biden administration National Security Memorandums are only under review, it would be sound logic to predict that both NSM-20 and NSM-18 (Biden’s CAT policy) may be rescinded.
Trump’s claim to end the war in Ukraine as he took office obviously has not occurred, but his approach could involve much less U.S. support to the country. (No waiver was provided for Ukraine in the current suspension of new foreign aid.) Oddly, this might mean the U.S. no longer provides landmines and cluster munitions.
That improvement is unlikely to undo the damage the United States is causing to humanitarian disarmament treaties and multilateralism more broadly. Trump loosened restraint on both weapons in his first term, and there is no reason to expect an about face to support the Mine Ban Treaty or Convention on Cluster Munitions now. Plus, he has put a 90-day pause on humanitarian demining — a staggering stark example of heavy-handed ineptitude as the United States has done good work in demining globally for decades with strong bi-partisan congressional support.
Regarding the Arms Trade Treaty, Trump rejected it in his first term and the Biden administration failed to undo Trump’s denial of U.S. signature to the treaty. This will almost certainly leave the United States even more on the outside of the core international agreement aimed at making the arms trade more responsible.
Trump, of course, prides himself on being unpredictable, and anything written today may quickly appear dated as new developments take center stage. But, in so many ways, Trump is making clear that the multilateral system as currently established will not receive support as, for example, he strives to pull the United States out of the Paris climate accord and the World Health Organization.
In his first term, Donald Trump took a transactional and unrestrained approach to the arms trade while undermining multilateral efforts at control, and multilateralism more broadly. He is quickly on his way to doing so again in 2025.
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