In May 2011, shortly after a special operations team of Navy SEALs killed al Qaeda leader Osama bin Laden, there was a fresh surge of enthusiasm for covert operations. That is unfortunate because, behind the scenes, secret warfare is actually in crisis. We need to re-examine the suitability and constitutionality of covert operations and, among other things, devise a sound constitutional framework for conducting them.
I. HOST COUNTRY REACTIONS: PAKISTAN
A delegation of Pakistani officials recently completed a visit to Washington for very private talks about a secret war. Representing that nation’s premier spy agency, the Inter-Services Intelligence (ISI), and headed by its chief, Lieutenant General Ahmed Shuja Pasha, the Pakistani delegation came to America to rein in the CIA. While CIA spokesmen put the best possible face on this event – calling the talks “productive” – there was no real meeting of the minds. The raid on bin Laden, executed without reference to Pakistani sovereignty, added insult to injury, since Pakistani demands to be kept fully informed of U.S. activities were clearly ignored in the SEAL operation. And just to pile on, American pundits, including former CIA director Leon Panetta, proceeded to accuse Pakistan of complicity or incompetence, given bin Laden’s presence in a Pakistani garrison town. Observers should be in no doubt that this moment marks a watershed in the South Asian secret war. Much like the Tet Offensive in the Vietnam conflict, the event signifies the instant when U.S. capabilities peak, past which further escalation on any plane becomes less probable.