Decades-Old Congressional Authorizations To Presidents For Carte Blanche War-Making Are Ticking Time Bombs

 

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"THE HILL" By Jim Jones - Vietnam Combat Veteran, Idaho Attorney General (1983-1991) and 12 Year Justice On The Idaho Supreme Court (2005-2017)

"Both the 2001 and 2002 congressional authorizations should be repealed because they are no longer needed and are ticking time bombs of potential abuse should future military action be necessitated,

The public should demand action, rather than once again handing a president carte blanche authority to conduct a limitless war."

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"The nation recently observed the anniversary of the horrendous 9/11 attacks by Osama bin Laden and his al Qaeda network. Bin Laden died 12 years ago and, while there are still elements of his network in various locales around the world, al Qaeda no longer poses a direct threat to the American homeland.

After the 9/11 attacks, it made sense for Congress to authorize the president to respond — to seek out and neutralize the terrorists and their enablers. Congress has historically granted the executive branch the ability to conduct war through what is called authorization for use of military force (AUMF) in specified circumstances. They should obviously be narrowly targeted at the culprits and those in league with them, rather than granting virtually unlimited power to conduct warfare.

Unfortunately, the 2001 AUMF approved by Congress on Sept. 18, 2001, which initiated the country’s global war on terrorism, was not limited in time, geographic scope or circumstances. It is still very much alive today, even though the threat it was intended to address has largely dissipated.

There is good reason to believe that the carte blanche war-making power granted in the 2001 authorization was designed to include military action against Saddam Hussein and his regime in Iraq. Vice President Dick Cheney and Defense Secretary Donald Rumsfeld were both part of an organization advocating the removal of Hussein well before George W. Bush was elected president.

Congress approved a 2002 authorization specifically directed against Saddam Hussein’s regime in Iraq, but there is strong evidence to suggest that the Bush administration had already decided in the fall of 2001 to invade Iraq. The 2002 war authorization was just handy window dressing. That no evidence turned up to justify the Iraq War was not the result of an intelligence failure. Rather, it likely resulted from a fabrication of intelligence.

Many American and Iraqi lives were lost because of the overly broad 2001 authorization and the totally unwarranted 2002 authorization. Nearly 4,600 U.S. service personnel and 3,650 American contractors died in the Iraq War and its aftermath. There have been between 280,771 and 315,190 Iraqi civilians killed by direct violence since the U.S. invasion. All of those deaths can be laid at the feet of Vice President Dick Cheney, Sec. of Defense Donald Rumsfeld and the other opportunists who took advantage of the 9/11 tragedy, twisting the nation’s grief and anger to further their personal political agenda of conquering Iraq.

In addition to the cost in human lives, the AUMFs imposed crushing economic burdens on American taxpayers. The cost for just the Iraq War was about $2 trillion. The total cost, past and future, for the global war on terror, has been estimated at $8 trillion, including almost $6 trillion for war and war-related outlays through fiscal year 2022.

Added to the cost in blood and treasure is the loss of trust in America’s leaders, both by our own people and by our allies across the world, the extreme wear and tear on our military from having to conduct two bruising wars simultaneously and the fact that we handed a great victory to Iran by disposing of Saddam Hussein, its arch enemy. It is unfortunate that Rumsfeld, Cheney and their enablers were not called to account in the criminal justice system for their misuse of the congressional war authorizations.

There is no reason for the 2002 authorization to remain on the books. It should be outright repealed. The Senate voted overwhelmingly for repeal in March and the issue is supposed to come before the House of Representatives soon. Americans should weigh in to see that it gets done.

The 2001 AUMF may have provided some initial benefits to the United States in Afghanistan but, overall, it has done more harm than good to the country. Because of its virtually limitless wording, it poses a much greater threat of potential misuse in the future. Legislation is pending in the House that would repeal the 2001 AUMF and replace it with a measure narrowly targeting existing terrorist threats. House Joint Resolution 2 also contains a sunset clause, so it would not be on the books forever. The public should demand quick and favorable action on this legislation.

Both congressional authorizations should be repealed because they are no longer needed and are ticking time bombs of potential abuse. Should future military action be necessitated, Congress must do its job — demand adequate justification for an AUMF, tailor it to the exact needs and limit its duration — rather than once again handing a president carte blanche authority to conduct a limitless war.

AUMF Ticking Time Bomb

‘Connecting The Dots’ In the Military And Veterans Health Care Records Systems Maze

By Ken Larson

I am a Vietnam Veteran and former federal contracts manager, who has been in the VA Health Care System for 19 years. History and experience must be connected to yield some tough solutions to a project that has spanned decades without yielding results

The expense and poor performance in the VA Healthcare records system upgrade, recently highlighted in the Congress and the Press, reveal a dire necessity for simplification, communication and efficiency in processes and systems.

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However, the real root causes lie in the massive volume of war veterans returning from our wars in the Middle East over the last two decades, coupled with the historically poor process and systems work conducted between the Department of Defense and the VA utilizing poorly managed contractors taking home millions on systems specifications that change like the wind blows.

The news media, the auditors and the average American are pointing the finger at the President and the Head of the VA.  One cannot ignore the accountability aspects of these individuals.  

 HISTORY: After returning from two combat tours in Vietnam, I worked in the government contracting environment for 36 years then went through the VA system as a Veteran getting treatment at retirement in 2006. I am in the system today.

In 2006 I found the VA had a magnificent system capable of handling medical records and treatment anywhere in the world once a veteran was in the system; a key point.  Why have we had such deterioration?

ANSWER:   We have not experienced deterioration in services within the VA itself, except  from pressures due to millions returning from war coupled with COVID factors and human beings who look for excuses when systems fail.

We have had 2 decades of Middle East incursions, a sudden discharge of veterans and poor management from the DOD to the VA, from the systems contractors to the state veterans homes.  Veterans fall through the cracks as a result. We have a cost plus contracting scenario in the form of veterans care systems mismanagement and it will cost billions to fix. 

THAT IS THE COST OF WAR. We must have effective and timely veterans health care or our volunteer army will disappear. Low recruiting numbers in the present day are demonstrating that fact.

THE TOTAL SPECTRUM MUST BE VIEWED TO MANAGE THE ISSUES. 

BACKGROUND

A 3 part special in Time Magazine in 2013 addressed the serious gaps developing between treatment,  benefits and services processes and systems between the military  services and the Veterans Administration:

https://nation.time.com/2013/04/22/what-the-hell-is-going-on-with-va/#ixzz2RnspoSM4

“While awaiting  processing, “the veteran’s claim sits stagnant for up to 175 days as VA  awaits transfer of complete (service treatment records) from DoD,”:

After years of work to move toward integrated electronic records that would eliminate this sort of delay, Defense Secretary Chuck Hagel conceded in that the Defense Department was not holding up its end of the bargain to improve the disability process.

“I didn’t think, we knew what the hell we were doing.”:

DoD chooses interoperability over integration for new e-health record system

HISTORICAL SIMILARITIES

The above scenario is not unlike the Walter Reed Army Hospital care fiasco a few years ago, before the facility was shut down and consolidated with the Bethesda Naval facility.

https://www.wbur.org/npr/139641856/in-2007-walter-reed-was-the-armys-wakeup-call

OTHER SYMPTOMS

The VA decided to have those who would  actually use the system (claims processors) work with software  developers. This process would take longer, they estimated, but would create a system more  likely to meet the needs of those who actually use it. VA also worked closely with major Congressional-chartered veterans’ service  organizations.

2013 was the year in which regional offices were to be transitioned to the resulting electronic system.  It obviously did not occur as planned.

In recent years a switch to the commercial software approach through a single company contract award without competition by the VA has been a $16 Billion debacle. The non-compete contract was justified because the awarded contractor already had the in-process contract for DOD records system modernization.

https://rosecoveredglasses.wordpress.com/2022/07/29/veterans-administration-16-billion-medical-records-overhaul-could-triple-in-cost/

ROOT CAUSE

Both DOD and the Veterans  Administration use service contractors to perform this type of systems development.  Government Computer News (GCN)  carried a story on the  difficulties experienced with, “Performance-Based Contracting”, which  has been made part of the Federal Acquisition Regulation (FAR) in an  attempt to pre-establish at contract award those discrete outcomes that determine if and when a contractor will be paid.

https://www.route-fifty.com/digital-government/2006/12/performance-based-contracting-still-baffles-agencies/301132/

Interestingly enough, the article splits the blame for the difficulties right down the middle, stating the government typically has problems  defining what it wants as an end product or outcome and looks to  contractors to define it for them. More than willing to do so, the contractors detail specific end products or outcomes, set schedule  milestones and submit competitive proposals.

The winner is selected based on what the government thinks it needs at  the time to fulfill its requirement and a contract is negotiated. Once underway, the government decides it wants something else (usually a  management-by-government committee phenomena with a contractor growing  his product or service by offering lots of options).

The resulting  change of contract scope invalidates the original price and schedule, so  a whole new round of proposals and negotiations must occur with the  winner while the losers watch something totally different evolve than  that for which they competed. The clock keeps ticking and the winner  keeps getting his monthly bill paid based on incurred cost or progress  payments.

CONCLUSION

The present state of the economy and the needs of our servicemen will not allow the aforementioned to  continue. Government agencies are now hard pressed to insure the most  “Bang for the Buck”. It is in the long term interests of the politician, the DOD, the VA and astute contractors to assist in that endeavor. 

(1)The only way to achieve such an objective is through sound technical, cost and schedule contract definition via an iterative process of baseline management and control.

https://www.smalltofeds.com/2009/08/contract-baseline-management-in-small.html

(2)  Government civil servants must be trained to report systemic poor service up the line in lieu of hiding bad news from superiors or developing workarounds.  This must be an expectation built into their job description and they must be rewarded and promoted for meeting that requirement just as they are for the other requirements of their jobs. 

The first whistle to be blown must be to the boss when the service issue occurs, not to the press a year from the occurrence. 

Government service contracting improvement in DOD and the Veterans Administration as well as better management of federal government contractors are mandatory. There are solutions, but they involve accountability, discipline and change.

Our returning soldiers and those who have served before deserve better.

Costs Of US Wars Linger For More Than 100 Years

     Benefits To Veterans And Their Families Continue 

Long After Conflicts Are Over.

AP News:

"If history is any judge, the U.S. government will be paying for the Iraq and Afghanistan wars for the next century as service members and their families grapple with the sacrifices of combat.

An Associated Press analysis of federal payment records found that the government is still making monthly payments to relatives of Civil War veterans — 148 years after the conflict ended.

At the 10-year anniversary of the start of the Iraq War, more than $40 billion a year is going to compensate veterans and survivors from the Spanish-American War from 1898, World War I and II, the Korean War, the Vietnam War, the two Iraq campaigns and the Afghanistan conflict. And those costs are rising rapidly.

U.S. Sen. Patty Murray said such expenses should remind the nation about war's long-lasting financial toll.

"When we decide to go to war, we have to consciously be also thinking about the cost," said Murray, D-Wash., adding that her WWII veteran father's disability benefits helped feed their family.

Alan Simpson, a former Republican senator and veteran who co-chaired President Barack Obama's deficit committee in 2010, said government leaders working to limit the national debt should make sure that survivors of veterans need the money they are receiving.

"Without question, I would affluence-test all of those people," Simpson said.

With greater numbers of troops surviving combat injuries because of improvements in battlefield medicine and technology, the costs of disability payments are set to rise much higher.

The AP identified the disability and survivor benefits during an analysis of millions of federal payment records obtained under the Freedom of Information Act.

To gauge the postwar costs of each conflict, the AP looked at four compensation programs that identify recipients by war: disabled veterans; survivors of those who died on active duty or from a service-related disability; low-income wartime vets over age 65 or disabled; and low-income survivors of wartime veterans or their disabled children.

THE IRAQ WARS AND AFGHANISTAN

So far, the wars in Iraq, Afghanistan and the first Persian Gulf conflict in the early 1990s are costing about $12 billion a year to compensate those who have left military service or family members of those who have died.

Those post-service compensation costs have totaled more than $50 billion since 2003, not including expenses of medical care and other benefits provided to veterans, and are poised to grow for many years to come.

The new veterans are filing for disabilities at historic rates, with about 45 percent of those from Iraq and Afghanistan seeking compensation for injuries. Many are seeking compensation for a variety of ailments at once.

Experts see a variety of factors driving that surge, including a bad economy that's led more jobless veterans to seek the financial benefits they've earned, troops who survive wounds of war, and more awareness about head trauma and mental health.

VIETNAM WAR

It's been 40 years since the U.S. ended its involvement in the Vietnam War, and yet payments for the conflict are still rising.

Now above $22 billion annually, Vietnam compensation costs are roughly twice the size of the FBI's annual budget. And while many disabled Vietnam vets have been compensated for post-traumatic stress disorder, hearing loss or general wounds, other ailments are positioning the war to have large costs even after veterans die.

Based on an uncertain link to the defoliant Agent Orange that was used in Vietnam, federal officials approved diabetes a decade ago as an ailment that qualifies for cash compensation — and it is now the most compensated ailment for Vietnam vets.

The VA also recently included heart disease among the Vietnam medical problems that qualify, and the agency is seeing thousands of new claims for that condition. Simpson said he has a lot of concerns about the government agreeing to automatically compensate for those diseases."

A Solid Example Of A Bridge To The Future For The Common Good

On August 1^st, 2007, I was having dinner in a restaurant next to the Highway 61 Bridge in Hastings, Minnesota with a retired businessman, his girlfriend, and a local lawyer and his wife.  Glancing up at the TV over the bar, we were witnesses to the news of the 35W Bridge collapse into the Mississippi River.  

As we left the restaurant we looked up at the underside of the Highway 61 Bridge since we had parked on the land side parking lot beneath it.  We noted the general condition of the structure and wondered if it too was a risky passage, 26 miles further downstream over the same body of water on which the 35W tragedy had occurred.

Within months the Minnesota DOT had come to the conclusion that the bridge was indeed  risky.  They began making immediate temporary repairs while planning for a new span.  The existing Hastings Bridge had been erected in 1951. Its planned replacement, scheduled for 2019, was accelerated to commence in 2010, based on the condition of the structure and the fact it is one of the busiest bridges in the state, handling enormous traffic as a major north/ south artery from the Twin Cities. 

BRIDGE AT HASTINGS IN 2007

“BRIDGING” FEDERAL, STATE, LOCAL AND CONTRACTING INTERESTS  

Planners at the Minnesota DOT are to be applauded for the manner in which this project has proceeded and the people of the community, as well as their civic, government and industry leaders should be congratulated for the businesslike, cooperative and efficient manner in which this project has been conducted. 

Local community meetings solicited input from the citizens on the design. The options were carefully weighed in terms of environmental and aesthetic impact.  Hastings, Minnesota is an old river town with a preservationist ethic that spans generations. That fact was not ignored.  The Highway 61 corridor has remained open, eliminating a major detour for commuters.

The state ran a competitive bidding process.  The winning contractor joint venture was a team of reputable companies who planned to use state of the art pre-stressed concrete as a design to construct the longest such span on the North American Continent, costing millions below the state estimate for the job.

Heavy girders have been manufactured locally in Minnesota and transported from north of Minneapolis to the Hastings site with computer steered special transports involving minimal disruption.  The large, arch frame for the bridge was recently floated downstream from a staging area near Lock and Dam 2 on the Mississippi after having been assembled by skilled union iron workers. 

It was lifted in place on 24 September by the largest heavy lifting equipment company in the world, who traveled from Europe to support the project. 

The Coast Guard, Corps of Engineers, State DOT, Hastings Community and all related support organizations have worked in a cooperative manner to achieve a demanding schedule.  

OUR NEW HORIZON

 POLITICIANS

I have yet to hear a politician or agency official attempt to take credit for this project or pursue some form of attention-seeking advantage as a result of it.  In an election year, considering the nature of politics these days, that is a highly unusual occurrence. 

I am sure there will be events commemorating the project success, as there should be; but it is my hope those events will celebrate the true nature of the achievement. 

SUMMARY

It was a pleasure observing the Highway 61 bridge replacement over the Mississippi at Hastings. Its planning, execution and achievement have been exemplary to an old project manager who has witnessed difficulties with entrenched bureaucracies in industry and government for years.

This has been a shared, community, cooperative venture, worthy of note when considering models for the future of our country and the path it must take to overcome many challenges – political, economic and technological.

Certainly similar projects can be undertaken involving other infrastructure programs such as  education using the same form of cooperative, shared, professional action.

Let’s build bridges like this one in many other fields of endeavor!

What Happens To Our U.S. Political Leaders?

 

Left to right and top to bottom above: Elon Musk and Donald Trump, Colin Powell , Dwight Eisenhower, Harry Truman, Jimmy Carter and General Norman Schwarzkopf

"Rose Covered Glasses" By Ken Larson

"The world is crying for great leaders. They are out there, but I believe they are hesitant to step forward. It is worth examining why and what has happened to some recent United States great leaders."

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"This author watched for over 40 years in aerospace and defense as the massive machine of government ground up men of integrity who had a true sense of leadership, purpose and service.

Unknown to the average American is the swinging door of military personnel who enter the defense industrial complex and then move on into government civil positions, lobbying activities or enterprises tapping their former service background for gain and greed.  Statesmanship and integrity have a difficult time surviving in that environment. The potential for waste, fraud and abuse is tremendous: Star Creep and the Revolving Door

Colin Powell had difficulties in a government role because real integrity fares poorly in the big machine and he made the mistake of trusting the NSA and the CIA, as well as Lockheed Martin, SAIC and CSC on Iraq war policy

Dwight David Eisenhower was one of the last, great, ex-military presidents who led well in government. He warned us at the ink below about the big machine gathering power as he left office: Eisenhower Farewell Address

Harry Truman could not have made the type of hard decisions and "Buck Stops Here" operations in this day in age. The machine would have crippled him.

Jimmy Carter had integrity but did not fare well because the huge gears of government were grinding away by then.

General Schwarzkopf demonstrated true leadership potential in the first Gulf War but very prudently moved away from the government he served as a military officer when he retired. He was a Vietnam vet who knew the machine too well..

I worked in Aerospace through 7 Administrations and all I saw was the machine getting bigger, grinding up leadership principles, young soldiers, creating new enemies and spewing foreign interventions and profits for large corporations.

Our hope for the future is that the massive machine of government will be re-sized small enough so a true leader with statesman qualities will be inclined to take the helm and steer it in a direction away from political stagnation while fostering a resumption of the premiere place the US has had in history. 

We found the STRATFOR Article by George Friedman exceptional in its analysis of the limited power of the President and the absolute necessity of anyone holding office to be capable of evolving coalitions effectively in governing domestically and on the world stage:  U.S. Presidency Designed to Disappoint

Here are some select extracts: 

*** "Congress, the Supreme Court and the Federal Reserve Board all circumscribe the president's power over domestic life. This and the authority of the states greatly limit the president's power, just as the country's founders intended. To achieve anything substantial, the president must create a coalition of political interests to shape decision-making in other branches of the government. Yet at the same time — and this is the main paradox of American political culture — the presidency is seen as a decisive institution and the person holding that office is seen as being of overriding importance."

*** "The American presidency is designed to disappoint. Each candidate must promise things that are beyond his power to deliver. No candidate could expect to be elected by emphasizing how little power the office actually has and how voters should therefore expect little from him. So candidates promise great, transformative programs. What the winner actually can deliver depends upon what other institutions, nations and reality will allow him." 

*** " The power often ascribed to the U.S. presidency is overblown. But even so, people -- including leaders -- all over the world still take that power very seriously. They want to believe that someone is in control of what is happening. The thought that no one can control something as vast and complex as a country or the world is a frightening thought. Conspiracy theories offer this comfort, too, since they assume that while evil may govern the world, at least the world is governed."

At the bottom line the only true measure of a leader is his or her character. We must decide that factor for ourselves as we enter the voting booth. It is the most independent action as a citizen that we take."

                                            Are Americans Truly Independent?