Gov. Christie, Bill Kristol, and the Future of the GOP

The interest in New Jersey governor Chris Christie as a possible 2012 presidential candidate is understandable. His tough line against state spending, his willingness to take on entrenched interests in the Garden State, and his candor and blunt manner of speaking all appeal to Republicans weary of the current candidates. But while his views on domestic policy are relatively clear, Christie’s foreign-policy views aren’t. Indeed, governors have little reason to speak out on foreign-policy issues unless they run for president.

Without a track record, however, no one can know how a former governor will perform what is arguably a president’s most important job: deciding whether, where and when to deploy U.S. troops abroad. Recall George W. Bush’s plea for a humble foreign policy and his senior foreign policy adviser Condoleezza Rice’s assertion that the U.S. military should not be in the business of “escorting kids to kindergarten” in foreign lands. This was all forgotten by the time that Bush and Rice exited Washington eight years later. Rice essentially recanted her earlier opposition to nation building, and Bush had presided over a foreign policy that was anything but humble.

With that huge caveat in mind, can we venture a guess about Chris Christie’s foreign policy views? Not quite. But this passage from Christie’s speech at the Reagan Library hints at a measure of humility and pragmatism that is long overdue:

The United States must…become more discriminating in what we try to accomplish abroad. We certainly cannot force others to adopt our principles through coercion. Local realities count; we cannot have forced makeovers of other societies in our image. We need to limit ourselves overseas to what is in the national interest so that we can rebuild the foundations of American power here at home.

Such sentiments strike most Americans as eminently sensible. Numerous polls show that Americans want to stop fighting other people’s wars and building other people’s countries. Most believe it is better to husband our power and deploy our military abroad only when vital U.S. security interests are threatened. We should lead by our example, build a society that others wish to emulate, and avoid the temptation to meddle in other people’s affairs.

Not so, says William Kristol, Weekly Standard editor and Fox News commentator. In a famous essay co-authored with Robert Kagan in 1996  the two made the case for “benevolent global hegemony.” Kristol and Kagan especially took issue with those conservatives who:

succumb easily to the charming old metaphor of the United States as a “city on a hill.”

[…]

Because…the responsibility for the peace and security of the international order rests so heavily on America’s shoulders, a policy of sitting atop a hill and leading by example becomes in practice a policy of cowardice and dishonor.

So why would Kristol be pushing Christie to run for president?

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The Ghailani Verdict

You’ve probably heard that a jury found Al Qaeda bomber Ahmed Ghailani guilty on only one out of 286 charges associated with the 1998 embassy bombings in Kenya and Tanzania.

A predictable debate followed. Glenn Greenwald cited the outcome as proof that the system works, while Liz Cheney, Debra Burlingame and Bill Kristol described the trial as a reckless experiment. Thomas Joscelyn called the trial a miscarriage of justice.

The most insightful commentary I’ve seen is over at Lawfare. Benjamin Wittes and Robert Chesney summed things up pretty well: “Trial in federal court didn’t work out the way the Obama administration wanted, but it wasn’t a disaster–and we can’t honestly say it worked out worse than the military commission alternative would likely have done.”

I’ve disagreed with Wittes on lawfare issues before, but he and Chesney are right on this case: (1) the defendant will serve a minimum of twenty years in jail, possibly life; (2) it’s not certain that the military commissions would have allowed evidence obtained by coercion (Charlie Savage also made this point in his article for the New York Times), (3) the conspiracy conviction in civilian court is solid on appeal, but not necessarily so in a military commission (conspiracy is not a traditional law of war violation, and three sitting Supreme Court justices have questioned its application in that forum); (4) the forum of conviction is less ripe for attack in courts of law and public opinion.

That’s a good outcome.

Conservative Rift Widening over Military Spending

More and more figures on the right — especially some darlings of the all-important tea party movement — are coming forward to utter a conservative heresy: that the Pentagon budget cow perhaps should not be so sacred after all.

Senator-elect Rand Paul of Kentucky was the latest, declaring on ABC’s “This Week” on Sunday that military spending should not be exempt from the electorate’s clear
desire to reduce the massive federal deficit.

His comments follow similar musings by leading fiscal hawks Sen. Tom Coburn of Oklahoma and Gov. Mitch Daniels of Indiana, a presumptive contender for the GOP nomination in 2012.  Others who agree that military spending shouldn’t get a free pass as we search for savings include Sen. Johnny Isakson, Sen. Bob Corker, Sen.-elect Pat Toomey—the list goes on.

Will tea partiers extend their limited government principles to foreign policyI certainly hope so, although I caution that any move to bring down Pentagon spending must include a change in our foreign policy that currently commits our military to far too many missions abroad.  To cut spending without reducing overseas commitments merely places additional strains on the men and women serving in our military, which is no one’s desired outcome.

If tea partiers need the specifics they have been criticized for lacking in their drive for fiscal discipline, they need look no further than the Cato Institute’s DownSizingGovernment.org project.  As of today, that web site includes recommendations for over a trillion dollars in targeted cuts to the Pentagon budget over ten years.

Meanwhile, the hawkish elements of the right have been at pains to declare military spending off-limits in any moves toward fiscal austerity.  That perspective is best epitomized in a Wall Street Journal op-ed by Ed Feulner of the Heritage Foundation, Arthur Brooks of AEI and Bill Kristol of the Weekly Standard published on Oct. 4—a month before the tea party fueled a GOP landslide.  (Ed Crane and I penned a letter responding to that piece.)  Thankfully, it looks like neoconservative attempts to forestall a debate over military spending have failed. That debate is already well along.

Did Kagan Have a “Disparate Impact” on Military Recruiters?

Perhaps you remember the case of Ricci v. DiStefano, so much discussed during Sonia Sotomayor’s confirmation process?   To recap briefly: The city of New Haven had used a written test to determine which of its local firefighters would be considered for promotions. When the tests came back, it turned out that the high scorers were overwhelmingly Caucasian, and so the city—fearing a lawsuit from black and Latino firefighters who hadn’t made the cut—scrapped the results. Not, mind you, because the test was in any way discriminatory on its face, but because federal law frowns on any test that has a “disparate impact” on minority groups unless it can be shown to be both closely related to the requirements of the job and less uneven in its effects than comparable alternatives. A number of the white firefighters then sued, claiming that it was discriminatory to discard the test after the fact just because the high scorers were too pale.  Bracket the question of how Sotomayor, as a circuit court judge, should have ruled.  Clearly as a policy question, most conservatives seemed disposed to side with the firefighters, and in general conservatives have been highly skeptical of “disparate impact” standards.  If the standards are facially neutral, and were not chosen with any pernicious intent (the argument runs), we should let the chips fall where they may. Sounds fairly compelling to me.

So it’s a little odd to see folks like Weekly Standard editor Bill Kristol casually talk about Elena Kagan’s “discrimination against the military” during her tenure as dean of Harvard Law School. All Kagan did, after all, was enforce Harvard’s preexisting rule requiring firms wishing to recruit through the school’s Office of Career Services to certify that they did not discriminate by sexual orientation. (This is not the same, incidentally, as “banning recruiters from campus”—the military did continue to recruit on campus via a student group.) It was a neutral rule that applied to any company that wished to avail itself of the Office of Career Service’s assistance, from which the military would have required a special exemption.  Kristol clearly didn’t think much of the logic of “disparate impact” in the Ricci case, so why is he so quick to adopt it here? There are many good reasons to be worried about Kagan, not least her apparent fondness for an expansive conception of executive power, but a commitment to even-handed application of the rules is not among them.

Neoconservatism and Militarism

Matt Yglesias identifies a puzzle, comparing Cold War/Irving Kristol neoconservatism to today’s Weekly Standard Wilsonianism:

[E]ven though the high-level theoretical content of the realpolitiker 70s version of neoconservatism and the Wilsonian 2000s version of neoconservatism seem very different, the operational content is extremely similar. You have support for higher defense budgets, a tendency toward threat-inflation and hysteria, a belief in an aggressive military posture and extensive saber-rattling, hostility to negotiations, and hostility to international law both in theory and in practice. This was initially presented to the world as a “realistic” alternative to lefty critiques of US support for anti-communist dictators and more recently appeared as an “idealistic” critique of lefty reluctance to launch wars, but the continuity between the views is enormous.

What Matt doesn’t say is why the policy outcomes stayed largely the same despite shifting theoretical sands.  I think this piece by Brian Schmidt and Michael Williams can help shed some light on the problem.

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