PRESIDENTIAL AUTHORITY AND THE RESCUE OF CAPTAIN PHILLIPS.
After foolishly setting up the hostage situation with Somali pirates as a test of Obama's mettle, the right has been really desperate to convince themselves that President Obama could not possibly have authorized the use of force to take out the pirates in the event that Captain Phillips' life was in danger. As such, they've all latched onto this post from Uncle Jimbo at BLACKFIVE contending that the on-scene commander already had the authority to use force under the rules of engagement, and therefore all the reports saying Obama issued that authority are incorrect.
He did affirm the military's authorization to use force if the captain's life was in danger, but they already would have had that authorization as part of their standard rules of engagement. If there are innocents about to be slaughtered the same reasoning that authorizes self defense also covers an imminent execution unless the ROE specifically forbid it.The AP is making it sound like there was an active rescue ordered by the President. It was not, there was an imminent threat and the local commander gave the order to fire. Good on Obama for ensuring their authorization was clear, but let's also be clear that he did not authorize or order an active rescue attempt.
I'm no soldier, but like everyone else I can sign up for transcripts of the DoD press briefings like the one with Vice Admiral Gortney on Sunday. Gortney's statement was clear: "our authorities came directly from the president." Just to clarify, he added in response to a later question: "[T]hat was a standing authority from the president. He wasn't on the phone with the skipper of the Bainbridge saying, oh, yeah, go ahead and at that time shot."
But in case Jimbo was correct, I emailed the DoD and asked if authority was granted by the standard rules of engagement in this case or if presidential authority was required. Bryan Whitman from the Office of the Secretary of Defense told me that "The Secretary of Defense requested the required authorities which were approved by the President to conduct this military operation." Whitman adds that "In this particular circumstance, it was a matter of providing authority to the folks on-scene to immediately react to a very fluid situation. Not really unusual."
The high profile nature and visibility of this event may have meant that the White House wanted to be more directly involved. I'd say in general though, it's probably a mistake to assign a great deal of credit to the President either way--I think it's clear that those who carried out the operation deserve the plaudits.
-- A. Serwer
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COMMENTS (12)
Dear Adam,
I was making several distinctions which I will summarize. First the on scene commander's rules of engagement (ROE) would have allowed him to shoot someone about to murder a US citizen. It is an extension of the self defense doctrine that is included in the ROE. You are correct that the President authorized this explicitly and they were operating under that authority when the action happened. But this simply raised the level of approval it did not create a new and previously non-existent authority.
Second he did not, as press accounts have stated, authorize an active rescue. That would have been a major escalation and it did not happen. He simply reinforced the standing order that if the on scene commander believed the hostage was in imminent danger, they could act to save him.
Cordially,
Uncle J
Posted by: Uncle Jimbo | April 13, 2009 4:38 PM
I also wanted to give you kudos for your reasonable and accurate closing statement.
"The high profile nature and visibility of this event may have meant that the White House wanted to be more directly involved. I'd say in general though, it's probably a mistake to assign a great deal of credit to the President either way--I think it's clear that those who carried out the operation deserve the plaudits."
Cordially,
Uncle J
Posted by: Uncle Jimbo | April 13, 2009 4:39 PM
Who cares?
In the scheme of things, this whole incident is just not very important (except, obviously, for those directly involved). Some of the details were dramatic, that's all.
Posted by: Ben Rosengart | April 13, 2009 4:45 PM
Please:
It's very clear to me that if the situation had turned out in a negative manner, i.e. no clear opportunity to rescue, the person being killed, a ransom being paid, etc. the conservative commentariat from right-wingistan would have had no problem blaming Obama for his 'weakness' or some such psycho-babble.
In the event, with the President reaffirming the existing ROE (i.e. kill the f*cks if you can), with their usual 'integrity' the right rushes to pooh-pooh it now - when it was WWIII overthe weekend and they felt they coul dmake political hay out of it.
PS> YOUR CAPTCHA'S ARE THE MOST ANNOYING EVER. IMPOSSIBLE TO READ!!!!!!!!!!!!!
Posted by: Anonymous | April 13, 2009 5:03 PM
"Uncle Jimbo" is apparently a military lawyer (or more likely a grunt that thinks he is).
Either way, it's lawyerly slick language to minimize the chain of command after eight years of the right wing talking like the private American citizenry were somehow subservient to a Commander in Chief.
Posted by: News Reference | April 13, 2009 8:16 PM
How do you commentators look at yourselves in the mirror and not wince at your hypocrisy? If this operation had failed you people would have blamed Obama to the high heavens, and now that it's blown up in your face and resolved successfully you play it down. You people have no credibility whatsoever. Completely bankrupt. Your credibility is in foreclosure.
Posted by: Bjorn Tipling | April 13, 2009 10:09 PM
Now that war has solved something, what's next?
Posted by: Long John Silver | April 13, 2009 11:27 PM
I don't think the right was waiting for Obama to fail. That is ludicrous, especially coming from folks who clearly wanted Bush to fail in Iraq, consequences be damned. I think the right is actually enjoying the puffed out chests of lefties who seem to like their man drawing a little 3rd world blood. Us right-wing nut jobs are actually quite stoked that the SEALs got to prove their skills. And we're mighty glad that you lefties are into this bloodthirsty revenge kick some a** mentality. Admit it - kind of fun aint it? Don't you feel like issuing a challenge to the next group of pirates - I don't know, something like "Bring it on"? Yeehaw!
Posted by: mike | April 13, 2009 11:58 PM
Why was The Messiah even involved? The commanders in the field SHOULD have already had all the authority they needed without the CIC getting involved in this kind of operational decision. Had it been me my response would have been 'deal with it, let me know what happens.'
The problem is that we've conditioned our military that if there is any possible controversy they better phone home otherwise if they act they are going to get criticized and abused by the Democrats and their handmaidens in the press.
But this has the advantage of allowing the Boy President to pretend to know what he's doing.
Putz.
Posted by: John Steele | April 14, 2009 7:43 AM
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Posted by: raivo pommer | April 14, 2009 8:49 AM
I did not vote for Obama and support policies a good but more hawkish than those followed by Bush. If the actions to rescue Cpt. Phillips had failed, I would have praised Obama for trying and suggested that we raze the pirate port cities in Somalia. That is the right policy now even after it the rescue has succeeded.
BTW, News Ref, Uncle Jimbo is retired Special forces, I believe. But whatever his military achievements your use of grunt as a derogatory slur reveals you to be as classless as anyone using the n-word as a racial slur.
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raimo1@hot.ee
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