Victor Cha: Giving North Korea a ‘bloody nose’ carries a huge risk to Americans

North Korea, if not stopped, will build an arsenal with multiple nuclear missiles meant to threaten the U.S. homeland and blackmail us into abandoning our allies in Asia. North Korean dictator Kim Jong Un will sell these weapons to state and nonstate actors, and he will inspire other rogue actors who want to undermine the U.S.-backed postwar order. These are real and unprecedented threats. But the answer is not, as some Trump administration officials have suggested, a preventive military strike. Instead, there is a forceful military option available that can address the threat without escalating into a war that would likely kill tens, if not hundreds, of thousands of Americans.

.. Some may argue that U.S. casualties and even a wider war on the Korean Peninsula are risks worth taking, given what is at stake.

.. A strike also would not stem the threat of proliferation but rather exacerbate it, turning what might be a North Korean moneymaking endeavor into a vengeful effort intended to equip other bad actors against us.

.. I also hope that if North Korea did retaliate militarily, the United States could control the escalation ladder to minimize collateral damage and prevent a collapse of financial markets.

.. the rationale is that a strike that demonstrates U.S. resolve to pursue “all options” is necessary to give the mercurial Kim a “bloody nose.”

.. If we believe that Kim is undeterrable without such a strike, how can we also believe that a strike will deter him from responding in kind? 

And if Kim is unpredictable, impulsive and bordering on irrational, how can we control the escalation ladder, which is premised on an adversary’s rational understanding of signals and deterrence?

.. Some have argued the risks are still worth taking because it’s better that people die “over there” than “over here.” On any given day, there are 230,000 Americans in South Korea and 90,000 or so in Japan. Given that an evacuation of so many citizens would be virtually impossible ..

.. these Americans would most likely have to hunker down until the war was over.

.. To be clear: The president would be putting at risk an American population the size of a medium-size U.S. city — Pittsburgh, say, or Cincinnati — on the assumption that a crazy and undeterrable dictator will be rationally cowed by a demonstration of U.S. kinetic power.

.. An alternative coercive strategy involves enhanced and sustained U.S., regional and global pressure on Pyongyang to denuclearize. This strategy is likely to deliver the same potential benefits as a limited strike, along with other advantages, without the self-destructive costs.

  1. .. First, the Trump administration must continue to strengthen the coalition of U.N. member states
  2. Second, the United States must significantly up-gun its alliances with Japan and South Korea with integrated missile defense, intelligence-sharing and anti-submarine warfare and strike capabilities to convey to North Korea that an attack on one is an attack on all.
  3. Third, the United States must build a maritime coalition around North Korea involving rings of South Korean, Japanese and broader U.S. assets to intercept any nuclear missiles or technologies leaving the country. China and Russia should be prepared to face the consequences if they allow North Korean proliferation across their borders.
  4. Lastly, the United States must continue to prepare military options. Force will be necessary to deal with North Korea if it attacks first, but not through a preventive strike that could start a nuclear war.

.. This strategy gets us out of crisis-management mode. It constitutes decisive action, not previously attempted, by President Trump. And it demonstrates resolve to other bad actors that threats to the United States will be countered.

Release the Memo That Really Matters 

Article I, Section 8, Clause 11 of the Constitution grants Congress the power to “declare war.”

.. In practice, however, it seems as if the rule is observed mainly in the breach. In the post–World War II era, American forces have been committed time and again even in offensive military actions without even the slightest effort to obtain congressional authorization.

.. The latest example occurred on April 6, 2017, when President Trump ordered a cruise missile strike on Syria in retaliation for its use of chemical weapons

.. Unless there is classified information we don’t yet know, a strike of this nature is exactly the kind of military action that should require congressional approval.

.. We were not at war with Syria. We were not acting in immediate self-defense of our nation. We were not fulfilling a Senate-ratified treaty obligation.

.. Shrugging off the Constitution is a bipartisan practice.

  • Who can forget President Obama’s strikes against Libya? He ordered offensive military action against a sovereign nation without a declaration of war.
  • While George W. Bush obtained congressional authorization for the wars in Iraq and Afghanistan, his predecessor,
  • Bill Clinton, launched extended aerial campaigns in the former Yugoslavia with no congressional vote.

years of presidential overreach, congressional inaction, and partisan bickering have jeopardized our constitutional structure. We are steadily moving away from the separation of powers and toward an unconstitutional legal regime that places sole war-making authority in the hands of an increasingly imperial presidency.

.. There are widespread reports that the president is considering launching a “bloody nose” strike against North Korea — a strike designed to send the strongest possible message, short of all-out war — that its ICBM program has to end.

.. The discussions are apparently so serious that the administration pulled its nominee for ambassador to South Korea, Victor Cha, because he opposed the strike. He then immediately took to the pages of the Washington Post to express his opposition

.. We are not facing the necessity of immediate self-defense. Oh, and in both countries, military action carries with it risks of dangerous escalation. With Russian boots on the ground in Syria, miscalculation risks a great-power conflict. With immense North Korean forces clustered near the border of South Korea, miscalculation risks a truly terrible war.

.. New military action in Syria and new military action in North Korea represent textbook cases for congressional authorization.

.. So why did the administration feel that it had the legal authority to order its Syria strike?

Well, it turns out there’s a memo.

.. Prior to the Syria strike, the administration generated a classified document by an “interagency group of attorneys” that analyzed the “legal basis for potential military action.

.. We cannot sustain and protect our constitutional structure if we delegate arguments against the unconstitutional abuse of presidential authority exclusively to members of whichever party is out of power.

.. it’s time for Senator Corker to insist on a public debate and congressional authorization before we launch any new military action against North Korea.

.. While the facts supporting the argument may well be legitimately classified, the legal analysis itself — which will turn on questions of constitutional, statutory, and international law — should be a matter of open inquiry.

Tom Cotton, David Perdue, and the Trap of Lying for Donald Trump

In denigrating anyone who called the President out for his slurs, Senators Cotton and Perdue (pictured here in August) show their willingness to humiliate themselves on his behalf.

.. According to the Post, “Three White House officials said Perdue and Cotton told the White House that they heard ‘shithouse’ rather than ‘shithole,’ allowing them to deny the President’s comments on television over the weekend.” Is that how people sleep at night in Trump’s Washington?

And they are poisonous.

.. It should be clear that the house/hole distinction, should it even have existed, would not count as “allowing” Cotton and Perdue to deny the President’s remarks on any terms. But the ones on which they did so are particularly egregious, because they offered themselves as witnesses to other senators’ supposed dishonor.

.. Senator Dick Durbin, Democrat of Illinois, had confirmed the reported phrase “shithole countries” publicly; Senator Lindsey Graham, of South Carolina, had backed up the press accounts more obliquely but unmistakably. Senator Tim Scott, his Republican colleague, who is African-American, told reporters that Graham had confirmed the essentials of the report to him; Graham didn’t dispute that. Graham had also publicly said that there was a racial aspect to the remarks, which he said he’d called the President on, saying, by his account, “America is an idea, not a race.”

.. Cotton, appearing on Sunday news programs, specifically disparaged Durbin’s credibility. “I didn’t hear it, and I was sitting no further away from Donald Trump than Dick Durbin was,”

.. Cotton told John Dickerson on CBS’s “Face the Nation.” “And I know, and I know what Dick Durbin has said about the President’s repeated statements is incorrect.” He also said that Durbin had a history of dishonesty.

.. When Dickerson asked Cotton about the thrust of the remarks, as opposed to the President’s word choice, Cotton said, “I did not hear derogatory comments about individuals or persons.” Perhaps there was another rationalization in there: he was being derogatory about whole populations, not individuals!

.. in the next sentence, Dickerson made the terms of Cotton’s lies clear when he asked, “So the sentiment is totally phony that is attributed to him?”—meaning to the President. Cotton answered, “Yes.”

.. At the same time, Perdue was busy on ABC’s “This Week,” telling George Stephanopoulos, in even more categorical terms, that Durbin was guilty of a “gross misrepresentation” of Trump’s remarks, saying that such “language” was simply not used.

.. When Stephanopoulos noted that there were multiple sources who said otherwise—indeed, the President himself reportedly called friends to brag about what he had said

..  Congressmen Kevin McCarthy, Republican of California, who is the House Majority Leader and has not commented (but, as the Washington Post noted, stood quietly next to the President when he denied the reports on Sunday; Trump also called himself the “least racist person”

.. members of his Administration at first thought that the controversy could be settled in the shady realm of “do not recall,”

.. They were caught by surprise when he started tweeting about how the accounts of his language were outright false.

.. But perhaps he also listened to what the other Republicans were saying, and had an insight that they would, indeed, back him up. It was a bully’s triple play:

  1. first, he got to slur whole nations.
  2. Then he got his guys to gang up on anyone who called him out for it, which produced the final prize:
  3. the acknowledgement that the Republican lawmakers were his guys, subordinate and willing to humiliate themselves on his behalf.

.. What is notable is that, at first, Cotton and Perdue had tried, in a joint statement, to hedge by saying that they did “not recall the President saying these comments specifically.” But, as his lies escalated, so did theirs, to the point where they were backing up the idea that the media was involved in a fake-news conspiracy.

.. But it is, apparently, hard to lie halfway for Trump; he won’t let you.

The Meaning of Bannon vs. Trump

Two quick thoughts on the Steve Bannon-President Trump feud:

One, it’s a sign of the apparent seriousness of the Russia investigation for Trump’s family and inner circle. The insults got the attention, but the more significant part of Bannon’s remarks may be the “logical, cold-eyed recognition” that prosecutors are building a powerful case, notes Errol Louis at CNN.

.. Two, the feud is a reminder that Bannon has failed to accomplish his biggest ambition: Expanding the Republican coalition to include many more middle-class and working-class voters. “Steve Bannon had a chance to be a genuinely significant figure in American politics and he blew it,” my colleague Ross Douthat wrote on Twitter.

.. In his interview with The Times last week, President Trump spoke admiringly of obviously autocratic tactics, such as using law enforcement as a raw exercise of power. “The president,” as Jonathan Chait points out, “explained his belief that the Department of Justice on principle ought to cover up crimes by the president and his administration.” Trump clearly believes that he deserves to be above the rule of law.

.. The first and most important line of defense, they say, is Trump’s own party. In other countries, would-be authoritarians have often been stopped (or further empowered) by their own party.

..Most Republican leaders seem to know that Trump is grossly unfit for office,

.. Yet “few Republicans have been willing to state publicly what most of them surely know: the Emperor has no clothes. Fear and opportunism have prevailed over the defense of our country and its democratic institutions.”

..  Try to build broader coalitions in defense of democracy. To ensure democracy’s survival, we must build alliances that extend beyond traditional party lines. For liberals, this means forging perhaps uncomfortable alliances — with right-of-center businesspeople, evangelical Christians, and dissident conservatives, among others. A blue-state coalition is simply not enough.