-

About the topic: The General Counsel takes on the persistent misconception that the Agency operates outside the law

About the Speaker: Stephen W. Preston is General Counsel of the Central Intelligence Agency.  He was sworn in on July 1, 2009.  By statute, the General Counsel is the chief legal officer of the Agency. 

Mr. Preston was previously a partner at the law firm of Wilmer Cutler Pickering Hale and Dorr LLP in Washington, DC, where he was co-chair of the Defense and National Security Practice Group, as well as a member of the Regulatory and Litigation Departments.  He joined the firm in 1986. 

Between 1993 and 2000, Mr. Preston served as Principal Deputy and Acting General Counsel of the Department of Defense, and as General Counsel of the Department of the Navy. 

A member of the District of Columbia Bar, Mr. Preston is a fellow of the American Bar Foundation and a member of the Council on Foreign Relations.  He has been active with the American Bar Association Standing Committee on Law and National Security Advisory Committee and, prior to his appointment, served on the board of directors of the Center for Strategic and Budgetary Assessments. 

Mr. Preston has received the Department of Defense Medal for Distinguished Public Service (with bronze palm in lieu of second award) and the Department of the Navy Distinguished Public Service Award.  He is a two-time recipient of the Central Intelligence Agency’s Director’s Award. 

Mr. Preston received a B.A. from Yale University and a J.D. from Harvard University.

Stanford Law School, Room 280B

Stephen W. Preston General Counsel of the Central Intelligence Agency Speaker
Seminars
-

July 10, 2011 was a milestone in history, marking twenty years since South Africa acceded to the Nuclear Nonproliferation Treaty (NPT).  To this day, South Africa remains the only country to have produced and assembled nuclear weapons and to have later relinquished that arsenal.  Moreover, that denuclearization came without any direct external intervention, and involved opening-up the former top secret program to international scrutiny, voluntarily, beyond that required by the NPT.  While each example of nuclear weapons proliferation has a unique history and basis, South Africa is a particularly instructive exemplar as a result of its unprecedented rollback. That rollback provided sufficient transparency for clear insights into:


1) Why a nation might seek to acquire nuclear weapons,
2) What tactics might a nation employ to conceal the existence of nuclear weapons program under a “Peaceful” nuclear program umbrella,
3) What strategies might a nation consider with respect to the potential use of such weapons, and
4) Why a nation might choose to renounce its nuclear weapons.

This seminar will focus upon a few less reported, but nonetheless salient, aspects of the South African nuclear weapons program pertinent to the monitoring and assessment of the capabilities and intent of other threshold nations whose nuclear programs remain suspect (despite having been repeatedly declared as being solely for only peaceful purposes).  They include object lessons derived from the various efforts that the minority-ruled government of South Africa took to conceal its nuclear program from external discovery, and to ensure sufficient ambiguity to allow that program to progress unabated, despite externally imposed restraints and sanctions, (and only up until termination was self-imposed through internal decision making). The lessons thus learned also provide an objective basis for comparison and assessment of alternative intents represented by the various capabilities, activities, and statements associated with those of contemporary nuclear threshold states exhibiting similar ambiguity.


About the speaker:

Frank Pabian is the Senior Geospatial Information Analyst at the Los Alamos National Laboratory in the Global Security Directorate and a visiting scholar at CISAC. Frank has nearly 40 years in the nuclear nonproliferation and satellite imagery analysis fields including 30 years with US National Laboratories. During 1996-1998, he served as Nuclear Chief Inspector for the United Nation’s International Atomic Energy Agency (IAEA) during ground inspections in Iraq, focusing primarily on equipment/materials “Hide Sites”, and “Capable Sites” that were deemed potentially associated with weapons of mass destruction development and/or production.

His responsibilities at Los Alamos National Laboratory include “Rest-of-World” infrastructure analysis involving the exploitation of all-source information, particularly commercial satellite imagery in combination with openly available geospatial tools for visualization. Frank has published in numerous peer-reviewed scientific journals on the use of commercial satellite imagery for treaty verification and monitoring, and his work has been featured on magazine covers and in textbooks for training in the nonproliferation and intelligence professions. Frank is a recipient of the US Intelligence Community Seal Medallion (gold medal) for “sustained superior performance” for Nuclear Non-Proliferation Treaty verification support to the IAEA during South Africa’s denuclearization, and for associated discoveries derived from original analysis of all-source, including open source, information. Frank is also a “Certified Mapping Scientist, Remote Sensing” with the American Society for Photogrammetry and Remote Sensing (ASP&RS).

Reuben W. Hills Conference Room

0
Affiliate
Pabian,_Frank.jpg

Frank Pabian is a globally recognized expert in the fields of nuclear nonproliferation and satellite imagery intelligence analysis with one half century of professional experience, beginning with the CIA’s Office of Imagery Analysis, followed by employment at US and European National Nuclear Laboratories. During the period from 1996-98, Frank was a Nuclear Chief Inspector for the UN’s International Atomic Energy Agency (IAEA) during ground inspections in Iraq, focusing primarily on equipment/materials “Hide Sites” and “Capable Sites” potentially associated with weapons of mass destruction development and/or production. His Iraq Action Team’s efforts helped garner support for the IAEA and its Director General to be awarded the Nobel Peace Prize.

Frank is recipient of the US Intelligence Community’s highest  award for contractors, the Gold Seal Medallion, for “sustained superior performance” for Nuclear Non-Proliferation Treaty verification support to the IAEA during South Africa’s denuclearization, and for associated discoveries derived from original analysis of all-source information. He was also named a Los Alamos National Laboratory Fellow in 2013, having served as the senior geospatial open-source information analyst in both the Global Security Directorate and the Earth and Environmental Sciences Division to help solve key intelligence questions in a geospatial context until retirement in May 2017. During 2014-2016, served as a Senior Fellow Researcher during USG authorized overseas service at the Joint Research Centre in Ispra, Italy; and is continuing as an Affiliate at Stanford University's Center for International Security and Cooperation where, previously, Frank was a Research Fellow during the 2011-2012 academic year.
 

Although now fully retired, Frank remains a consultant to the CISAC IMINT Team and continues to lecture on new developments for Open Source Geospatial Intelligence.  Frank is a “Certified Mapping Scientist, Remote Sensing” with the American Society for Photogrammetry and Remote Sensing (ASP&RS) and an American Mensan.

Date Label
Frank Pabian Visiting Scholar Speaker CISAC
Seminars
Paragraphs

Matthew Kroenig's argument for preventive military action to combat Tehran's nuclear program -- "Time to Attack Iran" (January/February 2012) -- suffers from three problems. First, its view of Iranian leaders' risk calculations is self-contradictory. Second, it misreads nuclear history. And third, it underestimates the United States' ability to contain a nuclear Iran. When these problems are addressed, it is clear that, contrary to what Kroenig contends, attacking Iran is not "the least bad option." 

Kroenig's view of the way Iranian leaders are willing to take on risks is deeply incongruous. In his view, a nuclear bomb will push Tehran to block U.S. initiatives in the Middle East, unleash conventional and terrorist aggression on U.S. forces and allies, and possibly engage in a nuclear exchange with Israel. This would mean Iranian leaders are reckless: given the United States' conventional and nuclear superiority, any of these actions would provoke considerable retaliation from Washington. And, of course, a nuclear exchange with Israel would invite annihilation. At the same time, Kroenig suggests that Tehran would remain remarkably timid after a preventive strike from the United States. Presented with clear redlines, Iran would not retaliate against U.S. troops and allies or attempt to close the Strait of Hormuz. Kroenig's inconsistency is clear: If Iranian leaders are as reckless as he seems to believe, a preventive strike would likely escalate to a full-blown war. If they are not, then there is no reason to think that a nuclear Iran would be uncontainable. In short, a preventive attack on Iran can hardly be both limited and necessary.

Kroenig's argument misreads nuclear history at least three times. First, he writes that a targeted preventive strike would likely wipe out the nuclear program in Iran, as strikes against Iraq in 1981 and Syria in 2007 did in those countries. These comparisons are misleading. Recent research based on captured Iraqi documents demonstrates that the 1981 Israeli attack on the Osirak reactor, near Baghdad, actually spurred a covert nuclear weapons program at other sites. Indeed, Iraqi President Saddam Hussein remained determined to revive his nuclear program until he was removed from power in 2003. What prevented him from achieving that goal was the decade-long U.S.-led containment regime put in place after the 1991 Gulf War. The Iraqi case suggests that any attacks that do not depose the Iranian regime, too, would cause it to accelerate its efforts to acquire nuclear weapons. Kroenig's prescription might therefore precipitate the very outcome he is trying to avoid. 

As for Syria, Damascus' nuclear program was just budding. The country boasted only one exploratory facility, which was shattered easily by a single aerial bombing carried out by Israel in September 2007 under the cloak of night. But Iran's nuclear program is much more advanced and is already of industrial proportions. Any attack on Tehran would involve destroying numerous nuclear-program and air-defense targets, making it far more costly and less likely to succeed than the Israeli raid against Syria's Deir ez-Zor reactor. More, Iran's advanced program reflects Tehran's greater resolve to develop nuclear capabilities, so, post-attack, Tehran would be ever more likely to double down on developing a weapon. Furthermore, although Kroenig hopes that a targeted strike would destabilize the Iranian regime, there is no basis for such optimism. Being a civilian, parliamentary, oil-rich theocracy, Iran is relatively stable. Put simply, a preventive strike against Iran can hardly be both limited and effective.

Kroenig misreads history again when he considers a nuclear exchange between Iran and Israel. In his view, they "lack nearly all the safeguards that helped the United States and the Soviet Union avoid a nuclear exchange during the Cold War." Yet the United States and the Soviet Union avoided a nuclear exchange even during the hottest crisis of the Cold War, the Cuban Missile Crisis, at a moment in which Soviet retaliatory capability was still uncertain, there were no clear direct communication channels between the two leaderships, and Soviet experience managing their nuclear arsenal was no longer than five years. Moreover, the historical record shows that even young and unstable nuclear powers have avoided nuclear escalation despite acute crises. Pakistan and India avoided nuclear war in Kargil in 1999, as well as after the terrorist attacks targeting the Indian parliament in 2001 and Mumbai in 2008. When national survival is at stake, even opaque and supposedly "irrational" regimes with nuclear weapons have historically behaved in prudent ways.

Kroenig's final abuse of history comes when he posits a cascade of nuclear proliferation across the Middle East in response to an Iranian bomb. He mentions Saudi Arabia, and implies that Egypt, Iraq, and Turkey might all follow suit. Yet none of these states, which can count on U.S. support against Iran, nuclearized in response to Israel's nuclearization (against which they cannot count on U.S. backing, mind you). And more generally, the United States has a successful record of preventing clients from acquiring nuclear weapons in response to a regional enemy, such as South Korea and Japan in response to North Korean nuclear acquisition. (Washington agreed with Pakistani nuclearization in response to India.) 

Taking the long view, Kroenig's argument reveals an unwarranted skepticism about Washington's ability to contain a nuclear Iran. This skepticism is all the more surprising considering Kroenig's work on the benefits of U.S. nuclear superiority. Existing U.S. security guarantees, based on current capabilities, give allies little incentive to nuclearize. Egypt and Saudi Arabia are among the largest recipients of U.S. military support, and Turkey is a member of NATO. Reinforcing U.S. ties with friends in the region would be easier, cheaper, and less risky than attacking the Iranian nuclear program. 

Instead, the United States should heed the lessons of the North Korean nuclearization. Not so long ago, Washington had to face an aggressive regime in Pyongyang intent on developing nuclear weapons. The United States rejected a preventive strike in 1994 for fear that the outcome would be worse than its target's nuclear acquisition. This was the right decision. After North Korea acquired nuclear weapons, none of the consequences that Kroenig's argument would predict materialized. U.S. security guarantees contained Pyongyang and persuaded South Korea and Japan not to acquire nuclear weapons. Nobody believes that the world is better off with a bomb in North Korea -- but the record shows that it hasn't brought the end of the world, either.

Military action against Iran would be a profound strategic miscalculation. For all the talk of retrenchment, the U.S. military might remains the most powerful in the world, and it can successfully minimize consequences of an Iranian bomb, should one come to pass, by containing Tehran's ambitions, dissuading regional proliferation, and providing security assurances to its allies.

All Publications button
1
Publication Type
Commentary
Publication Date
Journal Publisher
Foreign Affairs
Authors
-

The Haas Center for Public Service is pleased to have former U.S. Senator Russ Feingold as the first Mimi and Peter E. Haas Distinguished Visitor. Feingold will deliver the Distinguished Visitor Lecture on Public Service and Citizenship on February 8, 2012.

His lecture will address his forthcoming book, While America Sleeps: A Wake-Up Call for the Post-9/11 Era. The book examines "what America has done wrong domestically and abroad since the terrorist attacks of September 11, and what steps must be taken to ensure that the next ten years are focused on the international problems that threaten America and its citizens."

 

Tickets are required for this event, even though it is free and open to the public. For tickets, click here

Cemex Auditorium, Knight Management Center

Russ Feingold Former U.S. Senator and the Mimi and Peter E. Haas Distinguished Visitor, Haas Center for Public Service Speaker
Lectures
-

About the topic: Standards and regulations for the management, transportation and disposal of radioactive materials have been key to the development of strategies for the handling and disposing of radioactive materials at the “back-end” of the nuclear fuel cycle.  This presentation summarizes previous U.S. experience in developing a standard and regulations for the geologic disposal of spent nuclear fuel and high-level radioactive waste.  The main purpose of a standard and its implementing regulations should be to protect human health and the environment, but the structure of the standard and regulations, as well as the standard-of-proof for compliance, should not extend beyond what is scientifically possible and reasonable.  The demonstration of compliance must not only be compelling, but it must also be able to sustain scientific and public scrutiny.  We can benefit from the sobering reality of how difficult it is to project the future behavior of a geologic repository over extended spatial and temporal scales that stretch over tens of kilometers and out to a million years.

About the Speaker: Rodney Ewing is the Edward H. Kraus Distinguished University Professor at the University of Michigan.  He was appointed to the U.S. Nuclear Waste Technical Review Board by President Obama on July 28, 2011.

He has faculty appointments in the departments of Earth and Environmental Sciences, Nuclear Engineering & Radiological Sciences and Materials Science & Engineering and is an Emeritus Regents' Professor at the University of New Mexico, where he was a member of the faculty from 1974 to 1997.  He is a fellow of the Geological Society of America, the Mineralogical Society of America, the American Geophysical Union, the Geochemical Society, the American Ceramic Society, the American Association for the Advancement of Science, and the Materials Research Society. 

CISAC Conference Room

CISAC
Stanford University
Encina Hall, E203
Stanford, CA 94305-6165

(650) 725-8641
0
1946-2024
Senior Fellow at the Freeman Spogli Institute for International Studies
Frank Stanton Professor in Nuclear Security
Professor of Geological Sciences
rodewingheadshot2014.jpg MS, PhD

      Rod Ewing was the Frank Stanton Professor in Nuclear Security and Co-Director of the Center for International Security and Cooperation in the Freeman Spogli Institute for International Studies and a Professor in the Department of Geological Sciences in the School of Earth, Energy and Environmental Sciences at Stanford University. He was also the Edward H. Kraus Distinguished University Professor Emeritus at the University of Michigan, where he had faculty appointments in the Departments of Earth & Environmental Sciences, Nuclear Engineering & Radiological Sciences and Materials Science & Engineering.  He was a Regents' Professor Emeritus at the University of New Mexico, where he was a member of the faculty from 1974 to 1997. Ewing received a B.S. degree in geology from Texas Christian University (1968, summa cum laude) and M.S. (l972) and Ph.D. (l974, with distinction) degrees from Stanford University where he held an NSF Fellowship.    His graduate studies focused on an esoteric group of minerals, metamict Nb-Ta-Ti oxides, which are unusual because they have become amorphous due to radiation damage caused by the presence of radioactive elements. Over the past thirty years, the early study of these unusual minerals has blossomed into a broadly-based research program on radiation effects in complex ceramic materials.  In 2001, the work on radiation-resistant ceramics was recognized by the DOE, Office of Science – Decades of Discovery as one of the top 101 innovations during the previous 25 years. This has led to the development of techniques to predict the long-term behavior of materials, such as those used in radioactive waste disposal.

      He was the author or co-author of over 750 research publications and the editor or co-editor of 18 monographs, proceedings volumes or special issues of journals. He had published widely in mineralogy, geochemistry, materials science, nuclear materials, physics and chemistry in over 100 different ISI journals. He was granted a patent for the development of a highly durable material for the immobilization of excess weapons plutonium.  He was a Founding Editor of the magazine, Elements, which is now supported by 17 earth science societies. He was a Principal Editor for Nano LIFE, an interdisciplinary journal focused on collaboration between physical and medical scientists. In 2014, he was named a Founding Executive Editor of Geochemical Perspective Letters and appointed to the Editorial Advisory Board of Applied Physics Reviews.

      Ewing had received the Hawley Medal of the Mineralogical Association of Canada in 1997 and 2002, a Guggenheim Fellowship in 2002, the Dana Medal of the Mineralogical Society of America in 2006, the Lomonosov Gold Medal of the Russian Academy of Sciences in 2006, a Honorary Doctorate from the Université Pierre et Marie Curie in 2007, the Roebling Medal of the Mineralogical Society of America in 2015, Ian Campbell Medal of the American Geoscience Institute, 2015, the Medal of Excellence in Mineralogical Sciences from the International Mineralogical Association in 2015, the Distinguished Public Service Medal of the Mineralogical Society of America in 2019, and was a foreign Fellow of the Royal Society of Canada. He was also a fellow of the Geological Society of America, Mineralogical Society of America, Mineralogical Society of Great Britain and Ireland, American Geophysical Union, Geochemical Society, American Ceramic Society, the American Association for the Advancement of Science and the Materials Research Society. He was elected a Fellow of the National Academy of Engineering in 2017.

      He was president of the Mineralogical Society of America (2002) and the International Union of Materials Research Societies (1997-1998). He was the President of the American Geoscience Institute (2018). Ewing had served on the Board of Directors of the Geochemical Society, the Board of Governors of the Gemological Institute of America and the Science and Security Board of the Bulletin of the Atomic Scientists.

      He was co-editor of and a contributing author of Radioactive Waste Forms for the Future (North-Holland Physics, Amsterdam, 1988) and Uncertainty Underground – Yucca Mountain and the Nation’s High-Level Nuclear Waste (MIT Press, 2006).  Professor Ewing had served on thirteen National Research Council committees and board for the National Academy of Sciences, Engineering and Medicine that have reviewed issues related to nuclear waste and nuclear weapons. In 2012, he was appointed by President Obama to serve as the Chair of the Nuclear Waste Technical Review Board, which is responsible for ongoing and integrated technical review of DOE activities related to transporting, packaging, storing and disposing of spent nuclear fuel and high-level radioactive waste; he stepped down from the Board in 2017.

https://profiles.stanford.edu/rodney-ewing

Co-director of the Center for International Security and Cooperation
CV
Rodney Ewing Edward H. Kraus Distinguished University Professor, University of Michigan; Member, Nuclear Waste Technical Review Board; Affiliate, CISAC Speaker
Seminars
Paragraphs

The nuclear weapons news of late has been alarming. David Sanger reported in "The New York Times" on January 9 that Iran's top nuclear official had announced his country was near initiating uranium enrichment at a new plant. And the recent leadership change in North Korea means added uncertainty about one of the world's most unpredictable nuclear weapons states. Both developments mean the danger is rising that nuclear weapons or the means to make them will spread in this year.

The ominous news brings to mind a comment that Robert M. Gates made a few years ago while working as President Obama's Secretary of Defense. "If you were to ask most of the leaders of the last administration or the current administration what might keep them awake at night," he told me, "it's the prospect of a [nuclear] weapon or nuclear material falling into the hands of Al Qaeda or some other extremists."

I was interviewing Gates for a book about nuclear threats. The book, "The Partnership: Five Cold Warriors and Their Quest to Ban the Bomb," [Harper, $29.99] examines the acute state of nuclear dangers today, including the spread of nuclear materials and technology to unstable nations like Pakistan, North Korea and Iran. If a terror group like Al Qaeda is ever going to get its hands on a nuclear weapon, or more likely the fissile material needed to make one, the source is likely to be one of those three nations. North Korea and Pakistan have a frightening history of exporting nuclear weapons technology. Iran may be next.

Despite the denials of Iranian leaders, Tehran seems well on the way to building its first nuclear weapon. Iran already has enough enriched uranium to make several warheads once the uranium is raised to a higher level of enrichment. The enrichment process can move very quickly from a low level to high, bomb-grade levels. Some upgrading of known Iranian enrichment facilities are required to get there, and these changes would be visible to the outside world. Still, Iran may well have hidden enrichment programs already cranking out highly enriched uranium. If it does move openly to higher enrichment, Israel and the United States will be tempted to attack Iran's nuclear installations.

A simple but powerful nuclear weapon can be fabricated with just a small amount of highly enriched uranium. The hardest part of making a uranium bomb is producing highly enriched uranium, something that requires advanced, industrial-scale technologies beyond the reach of a terror group. But with just 60 pounds of highly enriched uranium, a small, savvy group of engineers with some basic laboratory equipment could construct a fission bomb in a garage. The bomb mechanism is so straightforward that the United States did not bother to test a uranium weapon before dropping one over Hiroshima in 1945. And it is not wildly improbable to imagine Iran giving highly enriched uranium to a terror group.

The continuation of the Kim dynasty in North Korea - now in its third generation with the recent installation of Kim Jong-un as the new supreme leader - does not augur well for more responsible behavior by North Korea. With its active nuclear weapons program, hunger for hard currency and record of selling nuclear weapons goods to Libya and Syria, North Korea is one of the most dangerous nations on earth.

While North Korea is unlikely to sell a nuclear weapon to a terror group, it could provide the materials and knowhow to make a crude but powerful bomb. The United States, for all its intelligence-gathering hardware like spy satellites, does not know a great deal about the North Korean program. Washington was surprised to learn in 2010 that North Korea had constructed a uranium enrichment plant outfitted with the latest centrifuge technology. News about the existence of the plant came from a group of American scholars who were shown the facility during a visit to the North Korean nuclear complex at Yongbyon.

The plant is not a problem if it is producing low enriched uranium to fuel a small, light water reactor. But the plant could be used to produce highly enriched uranium. The rapid construction of the plant - it was built in just 18 months - suggested that the North Koreans might have honed their techniques at another enrichment facility, as yet undetected by the United States.

I recently asked my Stanford colleague Sig Hecker, one of the scholars who visited the enrichment plant in 2010, to outline what to watch for in the North Korean weapons program in coming weeks to determine if the new leadership is planning any change in nuclear policy and/or operations. Sig served as director of the Los Alamos National Laboratory 1986-1997. He has been a frequent visitor to North Korea, one of the few Americans to get a first-hand look at the North Korean nuclear program.

His response:

I believe that there will be a period of quiet on the diplomatic front, both for mourning and to rethink strategy. Just before Kim Jong-il died, American and North Korean diplomats came close to an agreement of American food aid in return for some concessions on the nuclear program (some reports indicated that Pyongyang would stop enrichment - but I have yet to hear official confirmation from the UnitedStates - and we never may). What to look for is to see when North Korean diplomats are ready to re-engage with Americans in quiet bilateral talks, mostlikely in China.

On the technical front: I would expect "normal operations" at Yongbyon. That means they will continue with the experimental light water reactor construction- although little will be seen from overheads because it is winter time. Much of the interior components will be fabricated in shops. I also expect them to continue with operations of the centrifuge enrichment facility - either to make more low enriched uranium for reactor fuel or to get the facility to operate fully (which it may not have been when we visited). Both of these operations will continue regardless of which way Pyongyang eventually decides to go with the nuclear program. I don't see any reason why they would cut back on these operations now.

As for potential provocative actions - they could prepare for another nuclear test -- but that is highly unlikely, if for no other reason than it is winter. Their tests occurred in October 2006 and May 2009. Nevertheless, the third test tunnel appears to have been dug some time ago (South Korean news reports and overhead imagery) and one should watch closely for activity at the test site (particularly come spring). We should also look for potential missile tests - the new launch site on the west coast should be watched for another potential long-range missile launch. (They have had three attempts from the old launch site in the east: 1998 over Japan, 2006 a complete failure, and 2009 two out of three stagesworked.) They also have not flight-tested the Musudan road-mobile missile."

It would not surprise me if North Korea conducted another nuclear test in 2012. If Kim Jong-un is looking for a way to flex North Korean military power and remind his impoverished people that their nation matters to the rest of the world, detonating a nuclear weapon will do the trick.

Iran's nuclear program will also likely generate news and international anxiety this year. Iranian threats to attack US naval vessels in the Persian Gulf may seem self-defeating, but a military confrontation between Iran and the United States is not out of the question.

There is no greater danger to American and global security than the spread of nuclear weapons and the means to make them.

All Publications button
1
Publication Type
Commentary
Publication Date
Journal Publisher
The Huffington Post
Authors
Philip Taubman
Paragraphs

OVER the last three years, as I delved into the world of American nuclear weapons, I felt increasingly as though I had stepped into a time warp. Despite the nearly total rearrangement of the international security landscape since the demise of the Soviet Union in 1991, the rise of Islamic terrorism and the spread of nuclear materials and technology to volatile nations like Pakistan, North Korea and Iran, the Defense Department remains enthralled by cold war nuclear strategies and practices.

Barack Obama took office determined to change that. He has made progress on many fronts. Last week, he outlined a new, no-frills defense strategy, downsizing conventional forces. He now needs to double down on his commitment to refashion nuclear forces. He should trim the American nuclear arsenal by two-thirds to bring it down to a sensible size, order the Pentagon to scale back nuclear war-fighting plans so they are relevant to contemporary threats, remove most American intercontinental, land-based missiles from high alert and drop the quaint notion that a fleet of aging B-52 bombers can effectively deliver nuclear weapons to distant targets.

This agenda is not only desirable, it is doable without undercutting American security. It would save tens of billions of dollars a year, a relatively small amount by Pentagon standards, but every billion counts as Leon E. Panetta, the defense secretary, trims his budget. And the steps can safely be taken without requiring reciprocal moves by Russia that must be codified in a treaty.

For the last few months, the Obama administration has been conducting a classified review of the doctrines and operations that determine the shape and potential uses of America’s nuclear armaments. If the president pushes back against the defenders of the old order at the Pentagon and other redoubts of the nuclear priesthood, he can preserve American security while making the United States a more credible leader on one of today’s most critical issues — containing the spread of nuclear weapons. Like a chain smoker asking others to give up cigarettes, the United States, with its bloated arsenal, sounds hypocritical when it puts pressure on other nations to cut weapons and stop producing bomb-grade highly enriched uranium, the key ingredient of a crude nuclear weapon.

American actions alone won’t end the proliferation danger, but American leadership is essential to any hope of containing the threat.

Sam Nunn, the former chairman of the Senate Armed Services Committee, and anything but a dove over the years, rightly warns that the spread of weapons and the means to make them may soon reach a combustible stage where New York, Washington, Moscow, Tokyo or London is at risk of a nuclear terrorist attack.

Mr. Nunn and other keepers of America’s cold-war armory, George P. Shultz and Henry A. Kissinger, former Republican secretaries of state, and William J. Perry, a former Democratic defense secretary, have banded together in recent years to press, among other things, for cutting nuclear forces, de-alerting missiles and, ultimately, eliminating nuclear arms. Mr. Obama has embraced their aims and welcomed them to the Oval Office. Their high-powered, bipartisan alliance, if adroitly employed by the White House, ought to provide some political cover as Mr. Obama reshapes nuclear policy while running for a second term.

There is no national security rationale for maintaining an arsenal of some 5,000 warheads, with nearly 2,000 arms ready to use on short notice and the rest in reserve. We don’t need thousands of warheads, or even hundreds, to counter threats from countries like Iran or North Korea.

The only conceivable use of so many weapons would be a full-scale nuclear war with Russia, which has more warheads than the United States. But two decades after the collapse of the Soviet Union, even Vladimir V. Putin, with his authoritarian bent, is not about to put Russia on a collision course with the United States that leads to nuclear war. China, equally unlikely to escalate tensions to the nuclear brink, probably has fewer than 400 warheads and a policy to use them only in self-defense. Pakistan has roughly 100, North Korea fewer than 10 and Iran, so far, zero.

The United States could live quite securely with fewer than 1,500 warheads, half in reserve. Defenders of the nuclear faith claim we need 5,000 weapons as a hedge against warheads that may become defective over time. But an elaborate Energy Department program to maintain and refurbish warheads, the Stockpile Stewardship Program, has proved highly effective.

Another oft-cited reason for increasing our arsenal is that the Pentagon’s nuclear war-fighting plans still call for striking hundreds of targets in Russia and China, as well as dozens of sites in a number of other publicly unidentified nations — presumably Iran, North Korea and Syria — considered potentially hostile to the United States and eager to possess unconventional weapons.

Washington’s current nuclear war plans remain far too outsize to deal with any plausible attack on America. Mr. Obama could remove some nations from the hit list, starting with China, and tell his generals to limit the number of targets in the countries that remain.

The oversize American nuclear arsenal features an equally outdated reliance on long-distance bombers. The days when lumbering B-52 bombers could play a central role in delivering nuclear weapons — memorably spoofed in Stanley Kubrick’s “Dr. Strangelove” — ended decades ago. Mr. Obama should ground the bombers and depend on land- and sea-based missiles.

The high-alert status of America’s intercontinental ballistic missiles is another anachronism. There are few circumstances that might require the United States to quickly launch nuclear-tipped missiles, and missiles on high alert are an invitation to an accident, or impulsive action. In the first year of his presidency, Mr. Obama outlined an ambitious nuclear weapons agenda. Absent new action, Washington will remain frozen in a costly cold war posture.

Philip Taubman is a former New York Times bureau chief in Moscow and Washington and the author of “The Partnership: Five Cold Warriors and Their Quest to Ban the Bomb.”

All Publications button
1
Publication Type
Commentary
Publication Date
Journal Publisher
New York Times
Authors
Philip Taubman
-

Aziz Huq earned his BA summa cum laude in International Studies and French from the University of North Carolina at Chapel Hill in 1996 and his law degree from Columbia Law School in 2001, where he was awarded the John Ordronaux Prize. He clerked for Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit (2001–02) and Justice Ruth Bader Ginsburg of the Supreme Court of the United States (2003–04). After clerking he worked as Associate Counsel and then Director of the Liberty and National Security Project of the Brennan Center for Justice at NYU School of Law. He has also been a Senior Consultant Analyst for the International Crisis Group.

His research and teaching interests include constitutional law, national security and counterterrorism, federal jurisdiction, legislation, human rights, and comparative constitutional law.


Abstract

What forum should be employed to adjudicate the status of persons suspected of involvement in terrorism? Recent clashes between Congress and the President as to whether the status of terrorism suspects should be determined via Article III criminal process or military commissions have revived debate on this venue question. The problem is typically framed as a simple matter of law on the assumption that existing statutory and doctrinal rules already furnish dispositive guidance for sorting suspects between civilian and military venues. This article takes issue with that assumption. It argues that the choice of forum question can more profitably be understood as a problem of institutional design rather than a choice of law puzzle. A key institutional design decision that to date has been ignored is whether or when to create jurisdictional redundancy: When, that is, should overlapping jurisdictions vest the government with a choice of forums or an option to retry a suspect acquitted in an initial process? Such redundancy is currently pervasive. But conventional wisdom suggests that it both risks abuse and is needlessly costly. This Article demonstrates that jurisdictional redundancy has complex direct and indirect effects on the accuracy and cost of terrorism-related adjudication. It presents a comprehensive framework for analyzing jurisdictional redundancy by exploring how the latter influences error rates, system maintenance costs, externalities, information production, and incentives. Applying that framework, I suggest the current status quo of pervasive redundancy has surprising merit in contrast to two leading reform proposals.

Reuben W. Hills Conference Room

Aziz Huq Assistant Professor of Law, The University of Chicago Law School Speaker
Seminars
Subscribe to United States