‘Midnight in Moscow’ Review: Losing the Deterrence Game

Posted on September 23, 2024 by jloft

For more than a century, U.S. diplomats in Russia have had to fend off propaganda, outright lies, harassment and seduction, often simultaneously. Our envoys have been gulled into damaging concessions, and their Washington bosses have proved just as susceptible. Recall Franklin Roosevelt’s appalling observation about Joseph Stalin: “I think if I give him everything that I possibly can and ask nothing from him in return, noblesse oblige, he won’t try to annex anything and will work for a world of democracy and peace.” Incredibly, Roosevelt’s mindset, with variations, persists in many contemporary American leaders.

John J. Sullivan worked for two such presidents, first as deputy secretary of state from May 2017 to December 2019, and as U.S. ambassador to Russia from then until September 2022. In “Midnight in Moscow,” Mr. Sullivan describes what it was like.

Mr. Sullivan focuses on the events before, during and after Russia’s Feb. 24, 2022, invasion of Ukraine, but he covers considerable additional territory. His legal career and experience under prior Republican presidents made him a natural for deputy secretary. Mike Pompeo, as the new secretary of state, kept him on after Rex Tillerson was unceremoniously purged by President Trump in March 2018. Mr. Trump, if he wins in November, may find Mr. Sullivan too experienced, grounded and loyal to the Constitution to serve in a second term. His is a cautionary tale for those thinking about joining a Trump administration redivivus.

Mr. Sullivan describes Mr. Trump’s “chaotic and undisciplined style,” as when he fired Mr. Tillerson via tweet—an episode that captured the tumult that made Mr. Tillerson, among others, “completely miscast for his role—any role—in an administration [so] undisciplined and unconventional.” Mr. Trump “would not or could not draw a distinction between his own interests and those of the country he was leading,” Mr. Sullivan concludes.

He was dispatched to Moscow without the traditional photograph with the president. Mr. Sullivan never spoke with him thereafter—not even to have a courtesy meeting before the ambassador’s departure: another reminder of Mr. Trump’s limited comprehension of running a government, especially in national security.

President Biden kept the ambassador in place. Mr. Sullivan paints a telling picture of State Department operations, especially the unglamorous but critical job of keeping Embassy Moscow functioning in a hostile environment, exacerbated further by the Covid-19 pandemic.

Outside their embassies, our ambassadors have responsibilities for Americans living or visiting their respective countries. They strive, for example, to ensure that U.S. citizens arrested, legitimately or otherwise, receive fair, humane treatment. The Kremlin’s use of innocents abroad as human pawns greatly complicated that effort. Mr. Biden explicitly embraced outright hostage swapping (with Russia, Iran and others), significantly departing from Ronald Reagan’s opposition to trading guiltless victims for criminals or spies. Mr. Trump has recently pilloried swaps for well-known victims, like WNBA star Brittney Griner, but Mr. Sullivan reveals that the Trump administration attempted exactly that in 2020, unsuccessfully offering to trade convicted Russian criminals for Paul Whelan and Trevor Reed, two Americans held in Russian prisons, since released.

Describing Mr. Biden’s actions prior to Russia’s invasion of Ukraine, Mr. Sullivan shows that the president’s minimal emphasis on deterring Moscow contributed to Vladimir Putin’s confidence that he could succeed. At Mr. Biden’s June 2021 Geneva summit with Mr. Putin, Ukraine barely came up. Nor did it often arise at lower levels in the following four months, further confirming to Moscow that Mr. Biden gave it low priority. Watching “the calamitous and tragic American withdrawal from Afghanistan,” the Kremlin “drew a direct connection to Ukraine,” Mr. Sullivan writes. Nikolai Patrushev, Moscow’s then-counterpart to our national security advisor, predicted that Ukraine, like Afghanistan, “would be left to ‘the whim of fate.’ ” Mr. Sullivan found the Afghanistan pullout the only point at which even ordinary Russians expressed “to me personally their contempt for the United States.”

The Biden administration, then and now, seemed completely unaware that its behavior was encouraging the Kremlin to believe that a second invasion of Ukraine would produce the same response as Barack Obama’s after Russia attacked the Donbas region and annexed Crimea in 2014—essentially no response at all. At least from Embassy Moscow’s perspective, there is little evidence that Mr. Biden’s policy makers were thinking hard about deterring a renewed Russian assault.

On Oct. 25, 2021, Mr. Sullivan, then in Washington, attended an intelligence-community briefing at the National Security Council, stressing that Russia was “undertaking a massive aggregation of forces” on its Ukraine border, preparing to invade. This news “changed everything in my life,” he writes. He was “struck . . . that the information had come together so quickly.” The week before, he had “met with the senior U.S. military leadership in Europe, and no one had raised an alarm about an imminent invasion of Ukraine by Russia.”

Eventually, when Russia’s intention became obvious, Mr. Biden sent CIA Director Bill Burns to Moscow to tell Mr. Putin that our response to an invasion would be “devastating.” But the Russian leader had seen Washington’s feckless response to his aggression in 2014 and the incompetent Afghanistan withdrawal in 2021. Why should he have listened?

Mr. Biden’s subsequent public releases of intelligence, touted as an administration success, obviously failed to make a difference in Mr. Putin’s calculations. Moreover, U.S. intelligence badly underestimated Kyiv’s resolve and capacity to resist Moscow’s assault, which led to Mr. Biden’s unwillingness to provide additional lethal support to Ukraine before the invasion began.

Mr. Sullivan has made an important contribution to understanding what transpired in Washington and the Kremlin concerning Russia’s unprovoked 2022 aggression, and what might have been done differently. Unfortunately, it’s still midnight in Moscow.

Mr. Bolton, a former U.S. ambassador to the United Nations, served as national security adviser from April 2018 to September 2019.

This article was first published in the Wall Street Journal on September 22, 2024. Click here to read the original article.

Biden rewards Russia on Storm Shadow missiles

Posted on September 16, 2024 by jloft

Keir Starmer’s first visit to Washington as Britain’s prime minister last Friday did not go well.

His meeting with President Joe Biden failed to resolve U.K.-U.S. disputes over whether Britain could transfer its Storm Shadow cruise missiles to Ukraine for use inside Russia. Kyiv has repeatedly asked that such restrictions on munitions like Storm Shadows be lifted.

Last week’s Starmer-Biden meeting did not change the status quo, to Ukraine’s dismay. The United Kingdom needs Washington’s approval because Storm Shadows contain technology from the United States and rely on our intelligence. Although there were other topics on the agenda, this first meeting since Starmer took office provided an opportunity to affirm the “special relationship” and the shared objective of defeating Moscow’s unprovoked aggression. Instead, Starmer was unceremoniously rebuffed. Worse, the Biden administration showed that, even in its last months, it remained wavering, hesitant, and uncertain on Ukraine 2 1/2 years since the war began.

Elaborate preparations preceded the Starmer-Biden meeting, starting with Secretary of State Antony Blinken, British Foreign Secretary David Lammy, and Ukrainian President Volodymyr Zelensky conferring in Kyiv. Blinken then met with Polish Foreign Minister Radek Sikorski, reaffirming that “we’re determined to see Ukraine win this war” and “we will adapt, we will adjust, and make sure that Ukraine has what it needs when it needs it to deal with this Russian aggression.” A decision to allow the British to proceed seemed almost assured. But the next day in Washington, that did not happen. There was only silence.

Starmer implied afterward that decisions regarding Storm Shadows had simply been postponed, perhaps until the end of September when Biden and other world leaders address the United Nations General Assembly. Further delay alone, however, is harmful to Ukraine’s self-defense efforts. Delay, unfortunately, encapsulates the essence of Biden’s unwillingness to act decisively not just to prevent Ukraine from being overrun, but to ensure it is restored to its full sovereignty and territorial integrity, NATO’s stated goal.

Although the U.S. and NATO failed to deter Russia’s February 2022 invasion of Ukraine, the Kremlin has consistently deterred Biden from aiding Ukraine in a strategic and well-ordered way. Repeated White House statements indicating fear of “a wider war” explain that Biden has been more worried about Russian President Vladimir Putin’s bluffs than about prevailing militarily, thereby not only defeating Moscow’s aggression but unmistakably showing China and other American adversaries that our capabilities and resolve are strong. We should be deterring them, not the other way around.

Since Russia’s 2022 attack, with each painfully slow additional delivery of advanced armaments to Ukraine, Putin has threatened dire consequences, including last week against NATO itself. But there has never been evidence of a credible threat of a “wider war” with conventional forces. If the Kremlin had such capacity, why hasn’t it already been deployed to Ukraine to overcome Russia’s poor offensive performance, including recently against Ukraine’s so-far-successful incursion into the Kursk region?

The Kremlin’s nuclear threats, including the most recent, deserve to be taken seriously, given the stakes involved. But taking a nuclear threat seriously does not mean believing it. When Putin has rattled the nuclear saber before, testimony of U.S. intelligence community officials before Congress has indicated that Russia has not actually redeployed any of its nuclear capabilities to ready them for use. Each assessment must stand on its own merits, but simply cringing before a Putin threat gives Russia what it wants at no risk and no cost. That is the short road to Ukraine’s defeat.

After meeting with Biden, Starmer downplayed the lack of a decision on Storm Shadows, saying that larger strategic questions were discussed. He is continuing London’s policy, begun by former Prime Minister Boris Johnson, making it the strongest advocate within NATO for aiding Ukraine, notably more forcefully than the Biden administration. What should be on Starmer’s mind, however, is what may be coming after the November elections.

At last Tuesday’s presidential debate, Donald Trump refused to say whether he favored Ukraine winning the war, merely asserting that he wanted to “end” it. Worse, vice presidential nominee J.D. Vance later said Trump’s “peace plan” would separate the parties by a demilitarized zone, with Russia keeping all Ukrainian territory it already holds, and that Ukraine would never join NATO. Putin could hardly ask for more. But if that’s Trump’s opening position, you can bet Putin will.

Biden has very little time left in office.

The least he could do is let allies aid Ukraine in ways that might allow it to prevail against Russia’s invasion, a shot that would definitely be heard round the world.

John Bolton served as national security adviser to then-President Donald Trump between 2018 and 2019. Between 2005 and 2006, he served as U.S. ambassador to the United Nations.

This article was first published in the Washington Examiner on September 16, 2024. Click here to read the original article.

Dealing with the greatest adversary

Posted on September 1, 2024 by jloft

The United States is certainly split internally, as this year’s presidential race shows. Donald Trump and his congressional supporters question US mil itary support for Ukraine, and even espouse withdrawal from NATO, or fundamentally restructuring alliance commitments. Nonetheless, recent polling shows overwhelming majorities of Americans back NATO (73%–27%) and believe the US should defend NATO allies if they are at tacked (74%–26%). However, that same poll also found comparable majorities believe NATO relies too much on US funding and that other NATO allies are not doing enough (74%–26%).

Read the full article in the Stern Stewart Journal Sep 24 edition.

Against the International Criminal Court – Lawless in the Hague

Posted on July 25, 2024 by jloft

Since the late 19th century, generally well-meaning idealists have tried to conjure an international judicial system that would transform diplomatic, military, and economic conflicts into legal disputes. Led by sensible legal experts (who, of course, thought as they did), the global rule of law would replace destructive strife. If the rule of law worked within nations, why shouldn’t it work internationally? Whether parading under the banner of “world government,” “global governance,” or “the rules-based international order,” this blinkered, reductionist view of foreign affairs always includes a judicial component.

After World War II, the pace quickened. The United Nations Charter created the International Court of Justice (ICJ), to which nations could bring their disputes, replacing the failed Permanent Court of International Justice (formed by the Treaty of Versailles as an adjunct of the League of Nations). No one noticed the irony. The charter admonished the Security Council “that legal disputes should as a general rule be referred by the parties” to the ICJ (Article 36), and U.N. members agreed to comply with ICJ decisions in cases to which they were parties.

Contemporaneously, the victorious Allies established the Nuremberg and Tokyo tribunals to try allegations of “crimes against peace,” war crimes, and “gross abuses of human rights” committed by Germany and Japan. These tribunals were controversial even in their day, faulted for trying ex post facto charges (thereby violating the principle Nullum crimen sine lege, “No crime without law”), for being “show trials” with largely predetermined outcomes, and for constituting mere “victors’ justice.”

Advocates of judicializing international affairs wanted more, and in 1998, by the Statute of Rome, established the International Criminal Court (ICC), seated in The Hague near the ICJ. The European Union and Bill Clinton were ardent supporters of the treaty. Clinton signed it in his administration’s waning hours, knowing there was no chance of Senate ratification. His chief negotiator described the ICC as “the ultimate weapon of international judicial intervention” and “a shiny new hammer to swing in the years ahead.” George W. Bush reversed course, ordering the treaty unsigned in 2002, effectively ending any prospect of U.S. membership far into the future. India, Russia, and China, among others, also did not join.

American opposition to both the ICC and the Rome Statute’s substantive provisions (defining four crimes: genocide, aggression, war crimes, and crimes against humanity) was hardly confined to the Bush administration. Shortly after the statute entered into force, Congress enacted the American Service-Members’ Protection Act, authorizing, among other things, “all means necessary and appropriate” to release Americans held by or on behalf of the ICC. For good reason, it was dubbed the “Hague Invasion Act.”

Simultaneously, President Bush launched a global campaign under the statute’s Article 98 to prevent U.S. citizens from being turned over to the ICC, in time securing agreements with over 100 nations. The Trump administration made further efforts to protect U.S. interests, although Joe Biden has abandoned many of them.

The ICC’s flaws are too numerous for one brief article. Fundamentally, the very concept of the ICC is illegitimate, an utterly unwarranted derogation of our constitutional, democratic sovereignty by an unaccountable entity operating in an international void. The court is not part of a coherent international-order structure. It is simply “out there” pretending to be a court in a pretend constitutional system that lacks even a pretend legislature to make laws and a pretend executive to enforce them. The ICC combines all three branches of government authority into one body, defying every American concept of separation of powers and the “structural constitutionalism” the Framers believed so critical to protecting our freedoms. Though ICC supporters claim it as vital, it is precisely this consolidating of functions that makes the court most dangerous.

The ICC is not checked anywhere in its jurisdictional reach, its legal conclusions, or its prosecutorial discretion. ICC supporters argue that its member governments ultimately control the judges and the prosecutor, but that is entirely theoretical. So far-reaching is the ICC’s purported jurisdiction that it applies even to nonmembers such as the United States and Israel when alleged crimes are committed on the territory of a state that is party to the Rome Statute. When such nonmembers try to protect themselves against the ICC’s excesses, they are accused of interfering with its independence. While the ICJ decides cases among nations, the ICC purports to exercise jurisdiction directly over individuals, authority no prior international organization ever claimed. Americans fought a revolution against such usurpations.

ICC advocates believe that if they just pretend hard enough, real governments will come to accept the prosecutor’s unaccountable decisions and follow the ICC’s orders. Unfortunately, for over two decades, it has been the court and its prosecutor that have done most of the pretending. Nonetheless, Westerners especially have a childlike capacity to pretend; they see hope in the ICC where potential aggressors see only opportunity. Those whom the threat of prosecution and punishment is supposed to deter have not been impressed, an outcome surprising to ICC partisans but not to history’s hard men. The likes of Vladimir Putin, Xi Jinping, Kim Jong-un, and Ayatollah Khamenei couldn’t care less about the threat of “legal” consequences for their actions.

The ICC’s most dangerous component is its essentially unaccountable prosecutor, whose extraordinary leeway makes U.S. “independent counsels” look tame. As with the Nuremberg and Tokyo tribunals, the Rome Statute’s substantive crimes are vaguely stated, written in broad and sweeping diplomatic prose. They do not pass muster by American standards, which require clarity and precision in criminal statutes in order to give citizens notice of what prohibitions and obligations they face. The Supreme Court has long employed the “void for vagueness” doctrine to declare unconstitutional laws that afford too much discretion to prosecutors, impermissibly putting citizens at risk of prosecution for crimes they never understood existed.

Turned loose on the Rome Statute’s definitions of crimes, U.S. courts would not hesitate to declare much of them unacceptably vague. Moreover, the statute’s drafters openly advocated expanding the list of criminal prohibitions as the prosecutor and the ICC confronted new circumstances. Here, of course, the lack of separated powers and checks and balances figures importantly. It is one thing for a popularly elected legislature to enact new criminal laws but quite another for a prosecutor accountable to the ICC alone, and a court accountable to no one, to do so, especially where the ex post facto issue arises every time a new “crime” is detected. Nor are defendants protected by jury trials, as our Sixth Amendment requires; cases are tried instead before panels of the court, juries being so 18th-century to the statute’s drafters.

ICC supporters believe that many of these concerns are overstated because of the doctrine of “complementarity.” Embodied in the statute’s Article 17, complementarity means theoretically that jurisdiction to handle serious international crimes lies primarily in member states, with the ICC involved only rarely. Although reasonable-sounding, complementarity is not some well-settled principle of international law. It is simply an academic theory, carrying about as much force in the real world as most such fantasies. In practice, the ICC decides whether states have sufficiently met their obligations, and if not, the ICC will act. States are subordinated to the ICC’s unreviewable decisions, period. This is as plain a usurpation of sovereignty, especially from constitutional democracies, as one can imagine. What other countries accept is up to them, but America bends its knee to the ICC at its own peril.

Concern about the mirage of complementarity is not hypothetical. The prosecutor’s recent decision to seek arrest warrants against Israeli prime minister Benjamin Netanyahu and defense minister Yoav Gallant, along with two Hamas officials, amid the ongoing conflict in Gaza (and other Iranian-backed terrorist threats against Israel) was a fire bell in the night that complementarity was no protection at all. Moreover, by interfering in the heat of battle, the ICC undoubtedly made resolving the war politically more difficult, all the while exhibiting the stench of moral equivalence by seeking arrest warrants against both sides as if they were equally culpable. Similar concerns apply to the prosecutor’s decision to proceed against Vladimir Putin and then–Russian defense minister Sergei Shoigu in the ongoing Ukraine conflict. Who holds the ICC to account for these unilateral decisions? The precedent for irresponsible interference in future conflicts is unmistakable.

The solution is to treat questions of whether and when to prosecute internationally as unique to their circumstances. Prosecution über alles is not the answer. Nations should take responsibility for their own citizens’ crimes even if that is impossible until there is regime change in the offending state. That may mean justice delayed, but international probity will ultimately increase only when nations accept responsibility for crimes committed in their names. Merely that the ICC can try cases more immediately is no answer. The hard reality is that many (perhaps most) contemporaneous ICC trials would be in absentia, which simply fuels grievances that provoke future conflicts. Who, for example, believes that trying Putin in absentia would increase global peace and security? The most grievous crimes ultimately require international resolution in broad political terms, not narrow legal ones. The ICC cannot bear that burden.

For Americans, the fundamental question is how to protect ourselves and our allies from this illegitimate court and prosecutor. During two decades of operation, the concerns expressed while the Rome Statute was being negotiated have too frequently become realities. “Fixes” to the ICC, of whatever magnitude, will not suffice. The institution itself is irreparably flawed.

Sporadic U.S. cooperation with ICC investigations is potentially dangerous. Indeed, the most insidious temptation is for Washington to assist the ICC when the likely accused nation is discernibly evil. In George W. Bush’s second term, for example, the United States cooperated with the ICC in the Darfur conflict and more broadly. Barack Obama found numerous opportunities, including in Kenya, Libya, and the former Zaire. Under Joe Biden, with the support of several congressional Republicans, U.S. cooperation with and rhetorical support for the ICC advanced to its highest levels, especially regarding multiple allegations of Russian war crimes in Ukraine.

Although such cooperation has not to date increased the chance that Washington will join, the risk is still real, and the allegation of hypocrisy hard to ignore. The unpleasant reality is that U.S. cooperation with the ICC when it suits us is hypocritical and ultimately damaging to America’s principled case against the ICC’s legitimacy. Biden personally demonstrated the hypocrisy when he criticized the prosecutor’s pursuit of senior Israeli officials while simultaneously supporting the ICC investigation of Russian crimes in Ukraine.

The only safe and conscientious American approach is what I have long called the “three noes”: no U.S. cooperation of any sort with the ICC, no direct or indirect financial contributions to the ICC, and no negotiations with other governments to “improve” the Rome Statute. We should continue and expand our efforts, especially with European Union members, to obtain Article 98 agreements to protect U.S. citizens. And we should continuously reexamine the adequacy of our weapons against ICC efforts to investigate American conduct.

This zombie organization cannot ultimately survive without American support. We shouldn’t give it oxygen.

This article appears as “Lawless in The Hague” in the September 2024 print edition of National Review.

John R. Bolton served as national-security adviser to President Donald Trump and as U.S. ambassador to the United Nations under President George W. Bush. He is the author of The Room Where It Happened.

This article was first published in The National Review on July 25, 2024. Click here to read the original article.

The two-state solution is dead. Israel must achieve total victory.

Posted on February 12, 2024 by jloft

By John Bolton

Foreign Secretary David Cameron recently suggested that the United Kingdom could recognise the state of “Palestine” before waiting for the conclusion of talks between Israel and the Palestinians. He said that recognition “can’t come at the start of the process, but it doesn’t have to be the very end of the process”.

This is dangerous ground for the unwary, including both Cameron and the credulous Biden administration, which is also musing about recognising a nonexistent state. Since the first Oslo Accord, if not before, it has been bedrock peace-process doctrine that both Israel and the Palestinians must agree to any “two-state solution”. Moreover, Israel is responding to a terrorist attack comparable to al Qaeda’s 9-11 attack on America, while simultaneously menaced by Iran’s quest for nuclear weapons. What kind of ally then puts a knife in Israel’s back?

Without agreement by the two most-concerned parties, there is no agreement at all. As former US Secretary of State James Baker often said, “we can’t want peace more than the parties themselves.”

Recognising “statehood” in international affairs is far more consequential than recognising a state of mind. In both treaties and customary international law, statehood has critically important characteristics, including having a defined territory and population, a capital city, and being able to implement normal governmental functions. There is no existing “Palestine” that meets any of these core criteria. Pretending that the Palestinian Authority (or Hamas for that matter) qualifies does not make it so. Indeed, wishing wistfully quite likely inhibits achieving the objectives statehood advocates supposedly want.

Imposing this key potential outcome of contentious negotiations almost certainly reduces Palestinian incentives to deal seriously with the Israeli government, which will in turn reduce Israeli interest in any deal. However much the Foreign Office dislikes Israel or Netanyahu, there is no justification for abandoning a key premise of the international state system.

The origins of the other-worldly notion of recognising a Palestinian state before there is one stem directly from none other than Yasser Arafat. Beginning in 1988-89 and continuing episodically thereafter, Arafat tried to have the Palestine Liberation Organisation admitted as a member of the United Nations and its specialised agencies. Because all UN agency charters limit membership to “states,” Arafat believed that admission would confer state status on the PLO, thus constructing not “facts on the ground” in the Middle East, but in the corridors of the UN.

President George H. W. Bush strongly objected to this fantasy, threatening to withhold all American contributions to any UN component that admitted “Palestine,” a threat ultimately embodied in statutory law by overwhelming House and Senate votes.

This is of far more than just historical interest. The threat worked until American resolve collapsed under Obama, allowing the Palestinian Authority to gain admittance to Unesco (from which Ronald Reagan had earlier withdrawn, with George W. Bush later returning). Obama’s mistake led to President Trump’s decision to withdraw. Biden rejoined. Should Trump win in November, count on a third withdrawal in short order.

Obsessively imagining a Palestinian state has thus caused real damage to the United Nations, which doesn’t matter that much except to the very types of people in the Foreign Office and State Department who also advocate early recognition of Palestine.

Rishi Sunak walked back Cameron’s frolic, saying the remarks had been “over-interpreted”. During Prime Minister’s Questions, however, he said Britain would recognise a Palestinian state when it was most conducive to the peace process, and stressed his commitment to a two-state solution. Unfortunately for the Prime Minister, any prospect that Israel would agree, already close to nonexistent, died along with over 1,200 Israelis killed in Hamas’s barbaric October 7 attack.

If further proof were required, consider Biden’s embarrassing efforts to negotiate a second cease-fire and the release of remaining Israeli hostages brutally kidnapped by Hamas. It was not Israel, but Hamas which effectively scuttled this gambit, by adding conditions guaranteed to provoke Israel’s rejection, which they did

Netanyahu made clear that Israel wants, as it should, “total victory” over Hamas. In World War II, President Franklin Roosevelt insisted that Germany and Japan agree to unconditional surrender. There is no reason Israel should not demand the same from Hamas. We can then turn to other Middle Eastern threats facing Israel and the wider West, nearly all of which emanate from Iran.

This article was first published in The Telegraph on February 10, 2024. Click here to read the original article.

Trump Is a Danger to U.S. Security

Posted on January 31, 2024 by jloft

His isolationist views and erratic thinking and style would post even greater risks in a second term.

When I became President Trump’s national security adviser in 2018, I assumed the gravity of his responsibilities would discipline even him. I was wrong. His erratic approach to governance and his dangerous ideas gravely threaten American security. Republican primary voters should take note.

Mr. Trump’s only consistent focus is on himself. He invariably equated good personal relations with foreign leaders to good relations between countries. Personal relations are important, but the notion that they sway Vladimir Putin, Xi Jinping and their ilk is perilously wrong.

Mr. Trump’s most dangerous legacy is the spread of the isolationist virus in the Republican Party. The Democrats long ago adopted an incoherent melding of isolationism with indiscriminate multilateralism. If isolationism becomes the dominant view among Republicans, America is in deep trouble.

The most immediate crisis involves Ukraine. Barack Obama’s limp-wristed response to Moscow’s 2014 aggression contributed substantially to Mr. Putin’s 2022 attack. But Mr. Trump’s conduct was also a factor. He accused Ukraine of colluding with Democrats against him in 2016 and demanded answers. No answers were forthcoming, since none existed. President Biden’s aid to Ukraine has been piecemeal and nonstrategic, but it is almost inevitable that a second-term Trump policy on Ukraine would favor Moscow.

Mr. Trump’s assertions that he was “tougher” on Russia than earlier presidents are inaccurate. His administration imposed major sanctions, but they were urged by advisers and carried out only after he protested vigorously. His assertions that Mr. Putin would never have invaded Ukraine had he been re-elected are wishful thinking. Mr. Putin’s flattery pleases Mr. Trump. When Mr. Putin welcomed Mr. Trump’s talk last year of ending the Ukraine war, Mr. Trump gushed: “I like that he said that. Because that means what I’m saying is right.” Mr. Putin knows his mark and would relish a second Trump term.

An even greater danger is that Mr. Trump will act on his desire to withdraw from the North Atlantic Treaty Organization. He came precariously close in 2018. The Supreme Court has never ruled authoritatively whether the president can abrogate Senate-ratified treaties, but presidents have regularly done so. Recently enacted legislation to stop Mr. Trump from withdrawing without congressional consent likely wouldn’t survive a court challenge. It could precipitate a constitutional crisis and years of litigation.

Mr. Trump is unlikely to thwart the Beijing-Moscow axis. While he did draw attention to China’s growing threat, his limited conceptual reach led to simple-minded formulas (trade surpluses good, deficits bad). His tough talk allowed others to emphasize greater Chinese misdeeds, including massive theft of Western intellectual property, mercantilist trade policies, manipulation of the World Trade Organization, and “debt diplomacy,” which puts unwary countries in hock to Beijing. These are all real threats, but whether Mr. Trump is capable of countering them is highly doubtful.

Ultimately, Beijing’s obduracy and Mr. Trump’s impulse for personal publicity precluded whatever slim chances existed to eliminate China’s economic abuses. In a second term, Mr. Trump would likely continue seeking “the deal of the century” with China, while his protectionism, in addition to being bad economic policy, would make it harder to stand up to Beijing. The trade fights he picked with Japan, Europe and others impaired our ability to increase pressure against China’s broader transgressions.

The near-term risks of China manufacturing a crisis over Taiwan would rise dramatically. Mr. Xi is watching Ukraine and may be emboldened by Western failure there. A physical invasion is unlikely, but China’s navy could blockade the island and perhaps seize Taiwanese islands near the mainland. The loss of Taiwan’s independence, which would soon follow a U.S. failure to resist Beijing’s blockade, could persuade countries near China to appease Beijing by declaring neutrality.

Taiwan’s fall would encourage Beijing to finalize its asserted annexation of almost all the South China Sea. Littoral states like Vietnam and the Philippines would cease resistance. Commerce with Japan and South Korea, especially of Middle Eastern oil, would be subjected to Chinese control, and Beijing would have nearly unfettered access to the Indian Ocean, endangering India.

And imagine Mr. Trump’s euphoria at resuming contact with North Korea’s Kim Jung Un, about whom he famously boasted that “we fell in love.” Mr. Trump almost gave away the store to Pyongyang, and he could try again. A reckless nuclear deal would alienate Japan and South Korea, extend China’s influence, and strengthen the Beijing-Moscow axis.

Israel’s security might seem an issue on which Mr. Trump’s first-term decisions and rhetoric should comfort even his opponents. But he has harshly criticized Prime Minister Benjamin Netanyahu since the Oct. 7 attacks, and there is no foreign-policy area in which the absence of electoral constraints could liberate Mr. Trump as much as in the Middle East. There is even a danger of a new deal with Tehran. Mr. Trump almost succumbed to French President Emmanuel Macron’s pleading to meet Iran’s foreign minister in August 2019.

Mr. Trump negotiated the catastrophic withdrawal deal with the Taliban, which Mr. Biden further bungled. The overlap between Messrs. Trump’s and Biden’s views on Afghanistan demonstrate the absence of any Trump national-security philosophy. Even in the Western Hemisphere, Mr. Trump didn’t carry through on reversing Obama administration policies on Cuba and Venezuela. His affinity for strongmen may lead to deals with Nicolás Maduro and whatever apparatchik rules in Havana.

Given Mr. Trump’s isolationism and disconnected thinking, there is every reason to doubt his support for the defense buildup we urgently need. He initially believed he could cut defense spending simply because his skills as a negotiator could reduce procurement costs. Even as he increased defense budgets, he showed acute discomfort, largely under the influence of isolationist lawmakers. He once tweeted that his own military budget was “crazy” and that he, Mr. Putin and Mr. Xi should confer to prevent a new arms race. Mr. Trump is no friend of the military. In private, he was confounded that anyone would put himself in danger by joining.

A second Trump term would bring erratic policy and uncertain leadership, which the China-Russia axis would be only too eager to exploit.

This article was first published in The Wall Street Journal on January 31, 2024. Click here to read the original article.

America’s Arms-Control Restraints No Longer Make Sense

Posted on January 26, 2024 by jloft

Our enemies are proliferating, so we must adapt

On June 18, 1935, the United Kingdom and Germany entered “a permanent and definite agreement” that limited Germany’s total warship tonnage to 35 percent of the British Commonwealth’s. This was a major concession from Great Britain, since agreements at the Washington (1921–22) and London (1930) naval conferences had already significantly reduced its own fleet. Hitler defined “permanent and definite” to mean lasting less than four years: He abrogated the treaty on April 28, 1939, four convenient months before the Molotov–Ribbentrop Pact carved up Poland and started World War II. Arms control at work.

After 1945, America concluded a series of treaties that were, when signed or shortly thereafter, almost uniformly disadvantageous to us. Considerable efforts to eliminate these restraints have been made, but significant risk remains of reverting to the old ways or not extracting ourselves from the remaining harmful treaties. Whoever next wins the presidency should seek the effective end of the usual arms-control theology before the tide turns again.

To have any chance of bolstering U.S. national security, arms control must fit into larger strategic frameworks, which it has not done well in the last century. Even if they made sense in their day, many arms-control treaties have not withstood changing circumstances. Preserving them is even less viable as we enter a new phase of international affairs: the era after the post–Cold War era. Russia’s invasion of Ukraine, Iran’s ongoing “ring of fire” strategy against Israel, China’s aspirations for regional and then global hegemony, and the Beijing–Moscow axis augur trying times. We need a post–post–Cold War strategy avowedly skeptical of both the theoretical and the operational aspects of the usual approaches to arms control.

Rethinking arms-control doctrine down to its foundations began with Ronald Reagan’s 1983 Strategic Defense Initiative and resumed with George W. Bush. The partisan and philosophical debates they launched have continued ever since, but the next president will confront foreign- and defense-policy decisions that cannot be postponed or ignored. Best to do some advance thinking now.

Bush’s aspirations were more limited than what liberals derided as Reagan’s “Star Wars.” Bush worried about American vulnerability to the prospect of “handfuls, not hundreds,” of ballistic missiles launched against us by rogue states. Providing even limited national missile defense, however, required withdrawing from the 1972 Anti-Ballistic Missile (ABM) Treaty, as Bush did in December 2001. Arms control’s high priests and priestesses, and key senators such as Joe Biden and John Kerry, were apoplectic. Missile defense was provocative, they said. Leaving the ABM Treaty meant abandoning “the cornerstone of international strategic stability” (a phrase commonly used by politicians, diplomats, and arms controllers) and upsetting the premise of mutual assured destruction, they said.

But Bush persisted and withdrew. As the saying goes, the dogs barked and the caravan moved on. In 2002, Bush turned to a new kind of strategic-arms agreement with Vladimir Putin, the Treaty of Moscow, which set asymmetric limits on deployed strategic nuclear warheads and was structured in ways very different from earlier or later nuclear-weapons treaties. We abandoned the complex, highly dubious counting and attribution metrics of prior strategic-weapons deals, as well as verification procedures that Russia had perfected means to evade. The Treaty of Moscow was sufficiently reviled by the arms-control theocracy that Barack Obama replaced it in 2010 with the New START (Strategic Arms Reduction Treaty), reverting to failed earlier approaches, more on which below.

During Bush’s first term, we also blocked efforts in the United Nations at international gun control. We established the G-8 Global Partnership — to increase funding for the destruction of Russia’s “excess” nuclear and chemical weapons and delivery systems — and launched the Proliferation Security Initiative to combat international trafficking in weapons and materials of mass destruction. Neither effort required treaties or international bureaucracies. We unsigned the Rome Statute, the treaty that had created the International Criminal Court, to protect U.S. service members from the threat of criminal action by unaccountable global prosecutors.

Finally, the Bush administration scotched a proposed “verification” protocol to the Biological Weapons Convention (BWC) that risked intellectual-property piracy against U.S. pharmaceutical manufacturers but did not enhance the verification of breaches. The BWC and the Chemical Weapons Convention express aspirations not to use these weapons of mass destruction, but it is almost impossible to verify compliance with them. Moreover, arms controllers forget that the BWC sprang from Richard Nixon’s unilateral decision to eliminate American biological munitions, which proved that we could abjure undesirable weapons systems on our own.

The Bush administration went a long way toward ending arms control, but the true believers returned to power under Obama. Eager to ditch the heretical Treaty of Moscow, his negotiators produced New START — the lineal descendant of two earlier SALT (Strategic Arms Limitation Talks) and three START agreements — which entered into force in February 2011 for ten years, extendable once for five more. The Senate should never have ratified this execrable deal, as I explained in these pages (“A Treaty for Utopia,” May 2010). Nonetheless, with a Democratic majority it did so in a late-2010 lame-duck session, by 71 votes (all 56 Democrats, two independents, and 13 Republicans) to 26. While the vote seems lopsided, there were three nonvoters — retiring anti-treaty Republicans who opposed ratification — and the Senate secured the constitutionally required two-thirds ratification majority by only five votes. Today, given a possible Republican majority ahead and the unlikelihood that so many Republicans would defect again, ratifying a successor treaty is a dubious prospect at best.

The Trump administration resumed untying Gulliver, exiting the Intermediate-Range Nuclear Forces (INF) Treaty in 2019. While the INF Treaty may have made sense in the 1980s, by the time of withdrawal only the United States was abiding by its provisions. The likes of China and Iran, not treaty parties, were accumulating substantial numbers of intermediate-range ballistic missiles, and Russia was systematically violating INF Treaty limits. That left America as the only country abiding by the treaty, an obviously self-inflicted handicap that withdrawal corrected. Then, in 2020, the U.S. withdrew from the Open Skies Treaty because Russia had abused its overflight privileges and because our national technical assets made overflight to obtain information obsolete. Russia subsequently withdrew from Open Skies.

But the arms-control theology still has powerful adherents. On January 26, 2021, newly inaugurated Joe Biden sent his first signal of weakness to Putin by unconditionally extending New START for five years without seeking modifications to it. This critical capitulation was utterly unwarranted by New START’s merits or by developments since its ratification. The treaty was fatally defective in that it did not address tactical nuclear weapons, in which Russia had clear superiority. It remains true that no new deal would be sensible for the United States unless it included tactical as well as strategic warheads.

In addition, technological threats that postdate New START (which deals with the Cold War triad of land-based ballistic missiles, submarine-launched ballistic missiles, and heavy bombers) need to be confronted, especially cruise missiles, which can now reach hypersonic speeds.

Most important, China has made substantial progress since 2010 toward becoming a peer nuclear power. Beijing may not yet have the deliverable-weapons capacity of Washington or Moscow, but the trajectory is clear.

A tripolar U.S.–Russian–Chinese nuclear world (no other power has or will have rates of warhead production comparable to China’s) would be almost inexpressibly more dangerous than a bipolar U.S.–USSR world. The most critical threat that China’s growing strategic-weapons arsenal poses is to the United States. How will it manifest? Will we face periodic, independent risks of nuclear conflict with either China or Russia? Or a combined threat simultaneously? Or serial threats? Or all of the above? Answers to these questions will dictate the nuclear-force levels necessary to deter first-strike launches by either Beijing or Moscow or by both, and to defeat them no matter how nuclear-conflict scenarios may unfold.

None of this is pleasant to contemplate, but, as Herman Kahn advised, thinking about the unthinkable is necessary in a nuclear world. These existential issues must be addressed before we can safely enter trilateral nuclear-arms-control negotiations. Beijing is refusing to negotiate until it achieves rough numerical parity with Washington and Moscow. There is little room for diplomacy anyway, since in February 2023 Russia suspended its participation in New START. Further strategic-weapons agreements with Russia alone would be suicidal: Bilateral nuclear treaties may be sensible in a bipolar nuclear world, but they make no sense in a tripolar world. Russia and China surely grasp this. We can only hope Joe Biden does as well. Next January, our president will have just one year to decide how to handle New START’s impending expiration. We should assess now which candidates understand the stakes and are likely to avoid being encumbered by agreements not just outmoded but dangerous for America.

A closely related challenge is the issue of U.S. nuclear testing. Unarguably, if we do not soon resume underground testing, the safety and reliability of our aging nuclear arsenal will be increasingly at risk, as America’s Strategic Posture, a recent congressionally mandated report, shows. Since 1992, Washington has faced a self-imposed ban on underground nuclear testing even though no international treaty in force prohibits it. The Limited Test Ban Treaty of 1963 bars only atmospheric, space, and underwater testing, a gap that the Comprehensive Nuclear-Test-Ban Treaty (CTBT), which would have banned all testing, was intended to close. Because, however, not all five legitimate nuclear powers under the Non-Proliferation Treaty (NPT) ratified the CTBT, it never entered into force and likely never will. Though the U.S. signed the CTBT in 1996, the Senate rejected its ratification by a vote of 51 to 48 in 1999. Russia recently announced its withdrawal, thereby predictably dismaying Biden’s advisers. The next U.S. president should extinguish the CTBT by unsigning it. As was recently revealed, Beijing seems to be reactivating and upgrading its Lop Nor nuclear-testing facility. We can predict confidently that neither China nor Russia will hesitate to do what it thinks necessary to advance its nuclear-weapons capabilities. We should not be caught short.

Additional unfinished business involves the Conventional Armed Forces in Europe (CFE) Treaty, another arms-control “cornerstone,” this one of European security. Effective since 1990, as the Cold War ended, CFE became obsolete almost immediately. The Warsaw Pact disbanded (its members largely joining NATO) and the USSR fragmented. Russia suspended CFE Treaty compliance several times before withdrawing formally in November 2023, having already invaded Ukraine, another CFE Treaty party. In response, the United States and our NATO allies suspended CFE Treaty performance. Like the CTBT, the CFE Treaty is a zombie that the next president should promptly destroy.

The list of arms-control-diplomacy failures goes on. The NPT, for example, has never hindered truly determined proliferators such as North Korea (which now has a second illicit nuclear reactor online) or Iran, much as arms-control agreements have consistently failed to prevent grave violations by determined aggressors.

This long, sad history has given us adequate warning, and the next president should learn from it. The array of threats the United States faces makes it imperative that we initiate substantial, full-spectrum increases in our defense capabilities, from traditional combat arms and cyberspace assets to nuclear weapons. Instead of limiting our capabilities, we must ensure that we know what we need and have it on hand. We are nowhere near that point.

This article was first published in The National Review on January 25, 2024. Click here to read the original article.

In Moldova, Kremlin imperialism is on the ballot

Posted on January 4, 2024 by jloft

Russia’s aggression against Ukraine, Moldova’s much larger neighbor, has overshadowed the dangerous reality that Moldova itself is also a battlefield between Russia and the West for dominance in the territory of the former Soviet Union. And while Moldova is small (population of about 3.25 million), its politics are just as complex as other independent states once part of the USSR.

When the USSR and the Warsaw Pact fragmented, there was talk in both Moldova and Romania, a former Moscow satellite, of reuniting as one country. Interest in reunification dissipated for a variety of reasons, however, from disputes about their long history to practical difficulties to lack of popular support. Many factors that kept the countries separate continue to manifest themselves in Moldovan politics today, often intermixing with critical contemporary issues. In hindsight, reunification might not have left Moldova as vulnerable as it now is, but the moment has passed for the foreseeable future.

An even more intricate, more threatening problem is the status of the pro-Moscow rump “state” of Transdniestria, which still had Russian troops on its soil, although not at levels like the Red Army’s prior garrison. Transdniestria, on the left bank of the Dniester River, is one of several “frozen conflicts,” remnants of the chaos from the USSR’s dissolution, and a convenient way for the Kremlin to keep Moldova unstable and imperfectly sovereign. It is an open sore both for Moldova’s legitimate government and for bordering Ukraine: a locus of smuggling, trafficking, and other criminal behavior.

Not only is it a thorn in Ukraine’s side because of the illegal activities, but because it could also cause trouble “behind the lines” for Kyiv and its military in Russia’s war against Ukraine. Had Russian forces reached Transdniestria during the invasion’s early stages, or even today, they would likely have been given free rein there, outflanking Ukraine’s defenses.

Moldova’s current president, supported by a parliamentary majority coalition, is Maia Sandu. I had the occasion to meet her in late August 2019 in Chisinau, Moldova’s capital, just months after she became prime minister. An economist, she had worked in Moldova’s Ministry of Economy and Trade and briefly at the World Bank in Washington, and she later served several years as minister of education. Then and now, she was perceived as pro-American and anti-corruption.

After leaving the Education Ministry, Sandu formed her own political party, Action and Solidarity, and contested and lost Moldova’s 2016 presidential election to Igor Dodon of the pro-Russian Socialist Party. Dodon was still serving in 2019, and I met with him after seeing Sandu on the trip. Dodon rejected the view that he was pro-Russian, saying he wanted to be neutral between Russia on one hand and NATO and the European Union on the other.

Exemplifying the complex politics of former USSR states, after the 2016 election, Sandu and Dodon formed a parliamentary coalition, supported by the U.S., the EU, and Russia, to oust then-incumbent Prime Minister Vladimir Plahotniuc. Plahotniuc, an oligarch, presided over enormous corruption, including what Moldovans call “the heist of the century,” involving more than $1 billion disappearing from three Moldovan banks. Curiously, this political struggle did not implicate Transdniestria, notwithstanding the high stakes involved.

As prime minister, Sandu’s principal objective was to recover from “the heist,” reduce corruption, and make Moldova attractive for foreign investment, which is critical for economic growth.

When I spoke with her, Sandu was interested in working with newly inaugurated Ukrainian President Volodymyr Zelensky, with whom I had met the day before in Kyiv. They were discussing digitizing customs enforcement to help squash illicit commerce through Transdniestria, thereby increasing Western confidence in their respective anti-corruption efforts, and bolstering legitimate economies in both countries. Sandu was sufficiently successful and adept enough politically to defeat Dodon in their second contest for the presidency in 2020. Her anti-corruption, anti-Russia-subversion programs have had mixed success — COVID obviously wasn’t helpful, and Russia’s invasion of Ukraine produced substantial economic problems, especially high consumer energy prices.

Nonetheless, Sandu has declared for reelection and has committed to hold a referendum on membership in the EU, which her base supports. Her supporters did well in November’s local elections, but not well enough to signal clearly she will be returned as president later this year. It now appears that Sandu and Dodon will face off for the third time, although no one predicts victory in November’s first round of voting, which will have the usual plethora of candidates. Almost certainly, therefore, there will be a Sandu-Dodon runoff in December, as in 2016 and 2020.

Whether Sandu can win a second presidential term is uncertain. What is certain is that Moscow’s efforts to subvert Moldova’s government as part of the effort to reestablish the Russian empire are real and substantial. Sandu’s defeat is central to this strategy’s success, and we will find out by the end of 2024 whether the Kremlin prevails.

This article was first published in The Washington Examiner on January 4, 2024. Click here to read the original article.

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