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Archive for September, 2009

“Too early to speculate” But…

Wednesday, September 30th, 2009

As part of is ongoing outreach on QHSR, DHS hosted another Bloggers Roundtable to talk about the third portion of its homeland security dialogue.  Alan Cohn, DHS’ Deputy Assistant Secretary (DAS) for Policy led the call and shared the progress and success of this first ever homeland security dialogue.  With thousands of diverse participants, Cohn shared how pleased the Department was with the amount of inputs they have received and offered that while the QHSR is entering its final stages, the conversations that had been started would be on-going.

It was obvious that he was pleased by the received inputs, but a question that I have had from the beginning is at the end of the road of the QHSR what’s going to happen.

It’s always of great value to have a top to bottom analysis of what we are doing in homeland security, but if all we do is just talk about this stuff, put it into a report and don’t do anything it, all of it will have been a complete waste of time.  I do not think anything associated with QHSR is a waste of time, but I do see on the horizon something that really has not happened in a while and that is the dreaded word, “reorganization.”

If you look at the five points that Sec. Napolitano has made as the hallmarks of her DHS tenure, the final one is a “unified DHS.” In her remarks at the Red Cross on 9/29/09 she shared that in the coming months she will be laying out a vision for what “one DHS” means.  If you look at the time table associated with the QHSR, it will be wrapping up its work around the same time.

If you put those two items together they point to reorganization on the immediate horizon.  None of this should be a surprise either.

When then DHS Secretary Chertoff led the Second Stage Review at DHS (aka 2SR) in 2005 and announced his findings, a Department reorganization was announced and subsequently implemented.

This time though the review process is much more comprehensive and inclusive about the nation’s homeland security mission.  As DAS Cohn described it, the QHSR has been “an examination of ourselves as an enterprise.”

When asked about the prospects of a coming shifting of the boxes at DHS, DAS Cohn offered that “it was too early to speculate on reorganization and what possible forms the Department might take.” In his words, the focus of the QHSR had been “function,” “finding the shared goals and objectives,” and “how do we improve DHS and homeland security in general.”

He’s right it is too early to speculate, but based on previous behavior at DHS as well as other extensive quadrennial reviews that have occurred elsewhere, it’s fairly obvious at what’s going to happen at the end of the rainbow.  Reorganization is in the future and it will have lots of insights, diverse stakeholder inputs, analysis and documentation to guide it.

Right Words, Missing Ingredient at the Red Cross

Wednesday, September 30th, 2009

Before an assembled audience of invited guests and American Red Cross personnel, DHS Sec. Napolitano rolled out her most definitive description of what American preparedness and resilience should be.  Heralding the successful close of National Preparedness Month 2009, she went to great lengths to stress that preparedness is not just DHS’ job or that of FEMA’s.  Rather it is a “shared responsibility” that every American, community, enterprise and organization are owners of.

Referencing classic as well as current examples of American history to describe the spirit and actions of resilience, Napolitano delivered a number of key points to help frame the content and character of a national resilience strategy.  These included

  • We need to leave behind the notion that security is a purely government role and function – it is not. Security is a shared responsibility of public and private sectors which citizens must be engaged.
  • Disasters can happen anytime, anywhere and no community is immune from threats or events that cause disruption
  • Acts of terrorism occurring in America are a reality we have to learn to live with, prepare for,and plan how to respond.  Terrorism is not just a big-city problem.  It’s every community’s problem.
  • A resilient nation does not come from a government run program.  It is a bottom-up approach that involves all.
  • America’s history is not written by the tragedies that have occurred to us. Rather its history is written in how we responded to these events and rose from them.  (This had to be my favorite part of her speech.)

While there was nothing controversial about the speech or its contents – it was well written and a thematic homerun in framing the national vision for resilience and preparedness, however, I have to say I was disappointed that there was not more offered in terms of talking about the private sector and its role in national resiliency and preparedness.

While it is true that the words “private sector” were mentioned several times in her remarks and it’s true that they were described as “an important partner” and “public and private sectors need to work together to advance the preparedness and resilience mission,” part of me wanted to hear the Secretary offer more definitive direction to the part of our country in which our economy, technological innovation and future are critically dependent on.

I thought the speech was remarkably vacant on those points and missed the mark when addressing the roles, responsibilities and prescriptive actions our private sector needs to be taking to be resilient and prepared.

I am fully cognizant that a speech like what was offered at the Red Cross can not cover everything in exhaustive detail but with nine months into her position as Secretary, it’s time to start asking, “Where’s the beef?” in terms of guidance to the private sector on these issues.

Since taking office, the Secretary has spoken forcefully, eloquently and exhaustively at every opportunity about the roles of citizens and communities in the building of a more resilient America.  What she has said about those audiences has been right on the money but when it comes to the private sector the words and rhetoric don’t seem to get below the cruising altitude of 37,000 feet.

That has to change if the well-crafted and well-articulated vision that was shared in today’s remarks is to have any meaning and lasting effect.

Maybe it was a conscious decision to avoid getting into specific direction to the private sector.

It has not gone unnoticed by the private sector or homeland security observers that a number of major positions specifically dedicated to the private sector remain vacant (e.g. Assistant Secretary for Infrastructure Protection; Assistant Secretary for the Private Sector; FEMA’s Director for it’s Private Sector Office, etc.).  While these posts are all currently filled with good people performing these duties in an “Acting” capacity, the fact that they remain unfilled by permanent replacements does not help build the confidence or relationships between DHS and the private sector that can help them both succeed in their daunting responsibilities.

Nor has it gone unrecognized that more than two years after the enactment of the 9/11 Recommendations Implementation Act, DHS is still trying to figure out what to do about the PS-Prep Program as required by Title IX of the law.

The Secretary and Administration are hitting all the right notes in terms of vision and prescriptive measures for citizens and communities when talking about resilience and preparedness, but it’s time it really started talking to the private sector on these issues beyond the offered rhetoric and platitudes.  It’s time for details because if you’re going to be resilient and prepared – details matter.

Al Qaeda’s Booty Calls

Thursday, September 24th, 2009

By Stewart Baker

According to Stratfor the terrorist who attacked Prince Mohammed bin Nayef was able to get through security searches because he hid the IED in what the organization delicately describes as his “anal cavity.” Of course it’s hard to do much damage with the amount of explosives you can get in there, so the attack only lightly wounded the prince.

How did the terrorist manage to set off the explosives? Well, he was allowed to call Yemen just before the explosion, so it seems likely that his accomplices in that country used a cell phone as a detonator.

Yes, it’s true. Al Qaeda is now reduced to making booty calls.

Stewart Baker is the former Assistant Secretary for Policy at the United States Department of Homeland Security as well as the former General Counsel of the National Security Agency. This post was cross posted at “Skating on Stilts” blog.

G-20 Warnings to Pittsburghers

Thursday, September 24th, 2009

Last night I got an email from Pittsburgh related to the protests that Western Pennsylvania residents can expect to see over the next few days with the G-20 Summit in town.  I’ve redacted from the email personal information that protects this person’s identity but needless to say the person who shared it with me has some of the same anxiety that others from my hometown have shared over this event.

While the area’s residents are all proud to share Pittsburgh with the world, they will all be glad when businesses and schools can reopen; they can freely move about the area without jersey walls and reinforced security perimeters; and the protestors “get the hell out of town,” “take a bath” and “learn to use a razor” as one person told me yesterday.

Here’s the email:

“Hey everyone,

I am on the Board of Directors of the XXXXXXX XXXX Community Council and I just returned from a meeting where we had two police officers from Zone 5 warn us about security issues surrounding the G-20 Summit.

The protesters are already here – a bunch of them were thrown out of their illegal “campsite” today in the Allegheny Cemetery.

There are 81 targets in and around Pittsburgh.  They include:

Mostly corporate owned companies -
•    Starbucks (all over Pittsburgh)
•    Giant Eagle (all over Pittsburgh)
•    Trader Joe’s (in East Liberty)
•    Gap (Shadyside, Ross Park Mall, etc.)
•    Victoria’s Secret (same as above)
•    Basically all of Walnut Street which is already starting to board up storefronts

NOT Whole Foods because the owner supports some of the protesters’ issues

They will throw bricks through windows, explode stink bombs or tear gas in grocery stores and block streets – mostly at intersections all over Pittsburgh, not just downtown.

Also,
•    BNY Mellon – even the temporary space in Monroeville where some employees will be working
•    Bayer Corp
•    PNC
•    CMU

And,
•    Bridges
•    Tunnels (they will stop a car in the middle of a tunnel, flatten the tires and set it on fire)

The police told us to STAY AWAY FROM THE PARKWAY WEST on Thursday and Friday.  It could be closed up to 12 hours with all the officials coming to town.  They will be landing their jets at Pittsburgh International and the County Airport.

Pittsburgh is already crawling with Police, Federal Agents, Undercover Agents….you name it.  But please be careful for the next week.”

Here’s hoping that everything goes peacefully but I have to ask myself, “Is this event worth the costs to the area?”

A New CBP Commissioner: What Took So Long?

Thursday, September 24th, 2009

On Tuesday, President Obama nominated Department of Homeland Security (DHS) “Border Czar” Alan Bersin as the next Commissioner of U.S. Customs and Border Protection (CBP), the 57,000 person strong frontline agency. This ends what was a seemingly lengthy gap in political leadership at one of the nation’s flagship law enforcement agencies, but opens the door to a series of questions about Mr. Bersin’s role in the promised Obama Administration efforts to address immigration reform.

To say that Mr. Bersin has enormous professional shoes to fill would be an understatement. Since 9/11, CBP has been led by Robert C. Bonner, Ralph W. Basham and Jayson P. Ahern. Bonner was a five-time Senate confirmed law enforcement advocate who shined in merging separate agencies into CBP after 9/11. Ralph Basham’s career as a U.S. Secret Service agent for 30 years and the head of three separate DHS agencies is, if anything, even more impressive than Commissioner Bonner’s. Jay Ahern, the current Acting Commissioner and one of the premier Senior Executives in the federal government, worked his way up through the ranks during a 30 year career at CBP, has receive the rank of Distinguished Executive from President Bush in 2005 and was awarded the DHS Secretary’s Gold Medal for service in 2008. These are no security and law enforcement novices.

I don’t dwell on the resumes of the prior leadership to disparage Mr. Bersin’s somewhat less conventional resume for a top law enforcement position; I do so only to stress how serious and challenging this job is for any nominee. While Mr. Bersin clearly has knowledge of the current situation at our nation’s borders – some would say his last six months as the “Border Czar” were a tutorial period – his operational experience is more limited. However, his current reputation at DHS is positive and given his outgoing nature, he could be a solid selection to lead what is often known as “the face of homeland security” given CBP’s daily interaction with many stakeholders.

This leads us to two pressing questions about this nomination. The first is: Why was this political position so difficult to fill and left empty for so long? CBP is an enormous agency with an $11 billion dollar budget and a noble mission. More importantly, the Commissioner has an expansive office at the Ronald Reagan Building and the largest law enforcement air force in the world at his disposal.

Why was the eventual nominee in an office at DHS policy for six months with the “Border Czar” title?

I imagine the Obama Administration had trouble filling the post for two reasons. First, the presence of the “Border Czar” at DHS headquarters diminished the real power of the eventual Commissioner. Who wants to be the Senate-confirmed head of one of the nation’s premiere federal law enforcement agencies with operational authority effectively reporting to a policy guy at HQ?

Second, the Obama Administration’s commitment to the agency’s immigration-enforcement mission could be suspect as it has already rolled back enforcement efforts at CBP’s sister (or is it brother?) agency, Immigration and Custom’s Enforcement (ICE), to appease core administration political supporters. No one wants to volunteer for failure.

This initial question is doubly important when considering my second inquiry: What role will the head of CBP play in the promised immigration reform proposals we expect from the Obama administration in the next year?

After the failure of immigration reform in 2007, the Bush administration attempted to earn credibility with the American people by increasing Border Patrol staffing, building a 600 mile-long fence and strictly enforcing the nation’s immigration laws. Has the Obama administration selected an official who – working with Secretary Napolitano – will continue to push for strict enforcement in an effort to win over the public to some form of immigration reform?

I don’t know, but I expect the new Commissioner to focus on border security as it relates to drugs and weapons smuggling – which is a greater concern for current and former border state officials like Bersin and Napolitano – than dealing with immigration enforcement. This would be unfortunate for the 10,000 Border Patrol agents who joined CBP under the last administration and were promised the resources and support to secure our borders; they are too close to success to have new leadership change course.

I wish the Commissioner nominee the best of luck in what I hope is a speedy confirmation process. (I worked with Commissioner Basham – a man nominated by President Bush and endorsed by the late Senator Ted Kennedy – on his confirmation, and if Americans only knew how screwed up Congressional oversight of DHS is that the confirmation of the head of the U.S. Secret Service to be the Commissioner took more than four months, they would not sleep more soundly at night.)

America wants strong leadership on our borders, not only to keep us safe from terrorists, drugs and criminals, but to also earn credibility with our citizens so we can eventually have the immigration reform we so desperately need. Whether Bersin can give deliver that credibility and pave the road to reform will be his legacy within in the agency. Here’s hoping he can.

TSA’s Certified Cargo Screening Program: The White Horse of Air Cargo Security

Wednesday, September 23rd, 2009

If you ship valuable merchandise via air cargo — and, really, what merchandise you pay to ship isn’t valuable? — then you need to know about the Transportation Security Administration’s cargo security program known as the Certified Cargo Screening Program (CCSP). Shippers who don’t know about CCSP could end up losing millions. And there’s a lot of shippers who don’t.

The deadlines set by Congress mandating the screening of 100 percent of all air cargo shipped via passenger planes are rapidly falling into place. In February, the requirement that 50 percent of all cargo be screened came and went with little fanfare. Because the 50 percent requirement could be met by the airlines primarily through screening the low-hanging fruit of small packages, a false sense of serenity settled in among some shippers and even forwarders. The thinking runs like this: The airlines met the 50 percent deadline without too much difficulty, so how much harder could it be to hit the 100 percent deadline?

Ed Kelly, TSA’s General Manager of Air Cargo, has a concise answer: A lot.

Kelly notes that one of the primary differences between the current environment and that which descends on August 3, 2010 (when the 100 percent deadlines hits full force) is that the stacked and shrink-wrapped shipments known as ULDs — basically numerous smaller packages stacked and wrapped on pallets for shipments — will have to be broken down so that the packages can be screened individually and then restacked.

“This will present a challenge,” said the TSA cargo chief, with a nearly British level of understatement. He was speaking to a roomful of pharmaceutical manufacturers this morning as the keynote speaker during a supply chain conference in Philadelphia focused on the shipment of extremely valuable, climate-sensitive cargo such as pharmaceuticals.

Kelly also noted that cargo volume has been down significantly, causing less strain on screening resources at airports; as the economy rebounds, cargo volume will rise proportionately. Additionally, certain cargo that was previously exempt (medicines, technology products, film, certain agriculture, etc.) must, as of September 1 of this year, undergo full screening requirements, too.

In short, TSA’s message is this: There’s going to be a lot more cargo to screen when August 2010 comes, with no more resources than are now available to do it. Kelly suggested the airlines and freight fowarders are pretty much tapped out screening the volume of cargo they face now.

Finally, Kelly touched upon a point that was addressed by numerous speakers and panelists at this “cold chain” conference — what do you do with extremely valuable and equally extremely sensitive cargo that requires climate controls? That is, what do you do with “cold chain” products, such as life-saving drugs, that require exquisitely controlled temperature settings during the course of shipment to prevent the medicines from being ruined? If every piece of cargo must be screened individually, what happens to those products packaged and shipped in climate-controlled containers? Worse, what happens if one of them sets of an alarm — even if it’s only a false alarm?

That product will likely need to be opened up and inspected, said Kelly.

Now put yourself in the shoes of the drug manufacturers: If you open that container and expose those precious medicines to heat or some other climate corruption, you may as well throw them away.

This isn’t just millions of dollars you’re throwing away, in the form of expensive product; it’s life-saving medicine.

So the question kept popping up — sometimes asked aloud, sometimes just seen in the expressions of open-mouthed and incredulous faces: What do we do with multimillion-dollar shipments of highly sensitive medicines that absolutely must be delivered on time and without being opened and exposed to corruption?

Kelly seemed to be reading the minds in his audience: “I know what you need to do,” he said. “You need to screen your cargo yourself through CCSP.” He paused. “But you’re going to have to come to that conclusion on your own.”

Brad Elrod, the manager of Pfizer’s global supply chain, has indeed come to that conclusion for his company, one of the world’s leading drug producers. Elrod was one of the panelists sitting with Ed Kelly, and when his turn came to speak, he was able to be more direct. In effect, he said: Just do it.

If you’re shipping product like this, you need to join CCSP, Elrod told the audience of some 400-plus representatives from the pharmaceutical and transport industries. It’s the only sure way to control the integrity of your product, he said.

So what does CCSP offer? Any entity in the supply chain — from the shipper to the forwarder to third-party screeners — can apply with the TSA to get certified in the program. Once a facility is certified, the cargo leaving that facility can be screened on-site and delivered to the airlines without further screening.

Pre-screened cargo goes to the front of the line. No waiting, no x-ray machines, no opening of the shipment. No handling of the product inside. No corruption.

Some shippers may not feel the need to participate in the program. Perhaps they can ask their forwarders to become certified and work through them. (Though corruptible products such as pharmaceuticals face the same problem whether it’s the airlines or the forwarders doing the screening: If there’s a false alarm, there’s a chance that shipment will have to be opened.) Or maybe, if they are not concerned about potential delays or the likelihood of their shipments being opened, these shippers can skip the CCSP altogether and deliver their products to the airlines unscreened. The airlines are beefing up their screening capabilities to meet the expected spike in screening volume.

For any shipper that does have concerns about delays or third parties rummaging through their shipments, Brad Elrod’s assessment seems accurate. Seems like a no-brainer. Better contact TSA and get certified to participate in CCSP. This program is your white horse.

And you should probably do it soon. Time’s running out.

Cross posted on SafeCommerceCoalition.org.

Stimulus Spending on Border Infrastructure: CBP Still Doesn’t Get It

Wednesday, September 23rd, 2009

By Douglas Doan

The good news is that the Secretary Napolitano is, finally, starting to focus on the growing problem regarding how over a $1 billion of Stimulus funding was quietly diverted from its intended purpose and is being squandered.

Stay tuned to this one: nasty congressional hearings could be just around the corner.  Of course, the oddest part is that while DHS Secretary Napolitano tries to quiet the growing alarms, members of her own department at CBP are busy tossing gasoline onto the fire and seem to be working just as diligently to make the problem even worse.

Let’s do a quick review.   A few days ago on this blog and elsewhere, growing alarms were sounded about the CBP decision to spend nearly all of the $1 billion in Stimulus funding at the smallest Ports of Entry, mostly along the northern border.

The problem, of course, is that our smallest ports of entry feature small numbers of daily crossers, while the larger POEs (San Ysidro, Buffalo, Detroit, and in Southern Texas) are often congested with legitimate trade and travelers as they attempt to cross the border.

These larger POEs feature more than $1 billion in cross border trade each day, so it came as a huge disappointment to border communities to learn that, instead of helping trade and travelers with infrastructure improvements where the needs are greatest, Acting CBP Commissioner Jayson Ahern elected to spend nearly all of the funding to upgrade living conditions for CBP officers serving at POEs that often see less than 20 people crossing the border each day.

To be sure, these small POEs are outdated and the buildings are old.  No doubt the new car parks and other planned improvements are useful.  But the larger point is that President Obama promised the nation that he would use all of the Stimulus funding to help jump start the economy and would specifically focus that funding on long delayed infrastructure projects that would do just that, which, clearly, is not happening.   So now, Secretary Napolitano and the President need to do some explaining about how and why, the spending on POEs is going to low priority, low impact projects.

No doubt, Secretary Napolitano is trying to grip on the problem.  I wish her well.  Perhaps her first effort should be to get a grip on the excuses and the regrettable bureaucratic efforts to find someone to blame for the embarrassment.  Here, I am speaking about a recent attempt by CBP to divert attention and responsibility that was featured in the DHS Leadership Journal.  You can, and should, read the whole sorry thing.

The first whopper that will catch your attention is the assertion that Stimulus funding was provided to “improve security along our borders at our land border ports of entry.”  But, when members of Congress talked about improving the infrastructure at our POEs, it was primarily to alleviate the long lines of stalled traffic, caught in lines of more than 6 hours, as they attempt to cross the border.

In fact, all of the Congressional leaders responsible for pushing POE infrastructure into the giant $787 billion Stimulus funding (Reyes, Filner, Cuellar were especially forceful) did so to help solve congestion problems by building more lanes, bridges, and roads to get stalled trucks and travelers moving more quickly.  Hence, the anger and growing congressional alarm over the CBP decision to divert the funding to projects such as new pistol ranges in isolated locations that few will ever use.

In the Leadership memo, CBP does the typical bureaucratic dance, complete with wild gestures and finger pointing at other federal agencies that they claim are really to blame.  Nothing new there, covering your ass and finding someone else to blame are part of every bureaucrat’s routine.  But, it is still sad to watch.

Unfortunately, CBP misses the much broader and important point.  Americans don’t care a whit about all the bureaucratic maneuverings and finger pointing.  We want results.  We expect agencies such as CBP to execute the orders of the Congress and the President, and if the intent of $ 1 billion in new federal spending was to build more capacity at POEs and get stalled traffic moving, that is exactly what CBP should be doing.  There can be no excuse for diverting those funds to build pistol ranges.

I am particularly amused at the assertion that ownership issues with GSA complicated the ability of CBP to build the urgently needed new capacity at the larger POEs.  Anyone with any experience at all in government programs understands that ownership issues are irrelevant.

All CBP has to do is ask GSA to build more capacity at the POEs with the greatest need, transfer the necessary funding required to get the job done, and the project can move forward.

Of course, the dirty, little secret that the CBP guys are not telling everyone is that they captured nearly all of the $1.3 billion in funding aimed at POEs.  Moreover, Congress and the President expected that CBP would work with GSA and any other federal agencies like the Federal Highway Administration as well as the appropriate state and local governments to develop a single slate of high impact projects at the POEs.

For sure, that would have taken some leadership and it would have required Acting Commissioner Ahern  to seek the guidance, support, and input  from other federal and state agencies that are critical stakeholders at the large POEs.  Instead, the Acting Commissioner viewed the POE funding as a private CBP honey pot, giving him the ability to distribute largess and fulfill even the smallest needs at the most insignificant locations.

Still, you have to admire the CBP sharp elbows thrown in order to capture all of the POE funding to improve the infrastructure at POEs and the simultaneous bureaucratic craftiness to assign the blame for project failure on others.

See you at the hearings!!

Let them hang – G-20 Protests have Begun

Wednesday, September 23rd, 2009

While the G-20 Summit in Pittsburgh does not begin until tomorrow, protestors are already making their presence know in the city.  Earlier today protestors (identified as members of Greenpeace) affixed a large banner off the West End Bridge stating, “Climate Destruction Ahead” and “Reduce CO2 Emissions Now.”

While their message may be important and relevant to humanity, their tactics are reckless, dangerous and now first responders have to put their lives on the line to get these morons down.

Here’s an idea, let them hang.  That’s it… Let them hang there.

These self-proclaimed messengers to the world aren’t blocking traffic.

They aren’t particularly in the way (unless you’re a pigeon in their immediate flight path) and very frankly these people put themselves there.  They took it upon themselves to execute this stunt. Here’s hoping they enjoy the view for a good, long time.

The Pittsburgh regions first responders have enough on their plates the next forty-eight hours safeguarding the President, the other world leaders and the overall community from those that would like to cause harm and destruction to this event.

These aerial acrobats thought so highly of the West End Bridge to make it their podium, I think they should get to enjoy it even more.

Who knows, maybe we can hand them a brush and bucket of yellow paint and they can paint the undercarriage of the bridge?  I’m sure it needs it.

The Summit ends the evening of the 25th.  Maybe we can get them down then.  Or maybe some time over the weekend when the traffic dies down.

Until then, let them hang.

Very Disturbing News: Are Mexico’s Drug Cartels Getting to U.S. Law Enforcement?

Tuesday, September 22nd, 2009

The arrest of Richard Cramer earlier this month is very disturbing news for many reasons.  Personally disturbing to me, not only because I am a former ICE Special Agent and Supervisor, but also because of the damage incidents like this have on inter-agency cooperation, and in this case, international cooperation.  It should remind all agents, officers, prosecutors, analysts, and staff of the importance and necessity to “compartmentalize” any and all information relating to sensitive investigations and law enforcement activities.  It reinforces the necessity of operational security and the policy of controlling access to “on a need to know basis”.

Cramer was arrested by DEA on September 4th for his participation in a conspiracy to provide members of a Mexican drug cartel with information and background on U.S. narcotics enforcement activities.  According to the criminal complaint filed by DEA, “Cramer was responsible for advising the drug traffickers how U.S. law enforcement works with warrants and record checks as well as how DEA conducts investigations to include “flipping” subjects or recruiting informants”.  Cramer allegedly pulled files to help identify confidential sources, charging as much as $2000. for one document sent to a suspect in Miami.

Cramer was a ranking federal law enforcement official with Immigration and Customs Enforcement (ICE) until he retired in January 2007. During his career he was employed in many very sensitive positions including a supervisory position in Nogales, Arizona, and as the ICE Attache in Guadalajara, Mexico.  Cramer’s duties in Mexico included serving as liaison with the Mexican police, assisting investigations and collecting intelligence.

Cramer’s behavior is what we have come to associate with Mexico where the drug cartels have compromised Mexican politicians, police chiefs, judges and military components.  We have not come to associate it with high-ranking members of U.S. anti-drug law enforcement agencies.

I do not personally know Richard Cramer but I am sure he is unable to justify this betrayal.  It is a significant affront to all involved in the war on drugs on a daily basis.  The damage done may never be measured, but if it reminds the personnel waging this “drug war” of the absolute necessity for operational security, it will a small positive in this very disturbing news.

Corruption – Why Cartels and Terrorists Succeed

Tuesday, September 22nd, 2009

The U.S. Drug Enforcement Administration (DEA) conducted a survey of its top performing confidential sources a couple years ago, and asked them to list in order of importance the factors that allow global drug trafficking cartels [and terrorist organizations] to succeed.  At the very top of the list for every respondent was the single word— ‘CORRUPTION.’

Powerful Mexican and Colombian drug trafficking cartels, both of which now span the globe, invest billions of dollars a year to corrupt virtually every level of government in their respective countries.  And if United States policy and lawmakers think for a moment that the cartels are focused solely on their side of the border, they had better think again.  Richard Padilla Cramer, who not long ago retired as a Supervisory Special Agent with the Immigration and Customs Enforcement (ICE), was recently accused by the U.S. Government of comporting with Mexican drug cartels and selling out his former U.S. law enforcement colleagues.  It is important to remember that Cramer is innocent until proven guilty, but this recent drug corruption arrest should sound some alarm bells here in our country.

It’s also essential to understand that corruption within the ranks of law enforcement in our country is nothing new, especially along our Southwest Border.  There have been a number of employees of every three-letter agency in the U.S. Government’s law enforcement alphabet soup, the FBI, DEA, ATF, ICE, CBP and USMs (Marshals), who have succumbed to corruption at the hands of formidable drug cartels.  Local and state law enforcement agencies have fared worse, with some officers even arrested while transporting large loads of drugs in their squad cars for Mexican cartels.

The most significant difference between U.S. and Mexican law enforcement is our internal ‘policing’ capacity.  Federal and state law enforcement agencies in our country, as well as most local departments, have aggressive internal affairs divisions that work hard to identify, investigate and bring to justice those from within their ranks who have gone wrong.  And although American law enforcement has an accomplished track record of policing its ranks, the pressure being exerted on the cartels in Mexico by President Calderon will most certainly cause them to resort to ever more assertive attempts to permeate every nook and cranny of the entire judicial systems of both our countries.

Corruption within the ranks of law enforcement and judicial systems, as well as military and intelligence institutions, is like a cancer.  It is absolutely crucial, now more than ever, that these critically important institutions remain healthy.  In order to do so they must constantly undergo self-imposed preventive check-ups for the disease, and when a cancer is discovered it has to be aggressively cut out, and the margins continually checked.

Consequently, now is the time for policy and lawmakers, as well as Inspectors General, to vigorously examine and assess the strengths of anti-corruption and internal policing programs within our government’s law enforcement, intelligence and military departments, commands and agencies.  More importantly, now is the time to proactively identify and shore-up the weaknesses—before it’s too late.

G20 Protests – ”It won’t happen here”

Tuesday, September 22nd, 2009

Perhaps the most compelling feature of the Pittsburgh preparations for G20 has been the apparent attitude in Pittsburgh of, “It won’t happen here,” characterized by a range of people I have spoken to in that town as the local government’s approach of ”dancing through the raindrops.”  Obviously we will know whether that risk management strategy will have been effective by Saturday.

This attitude is dangerous – the local government can argue that it took all necessary precautions to warn people of the threat, but even with less than a month to go the warnings and preparation advice was basically to, “prepare as though it’s a snow day,” and to “have pre-drilled boards available for the windows” just in case.  Whether you subscribe to the idea that there will be significant direct action protest in Pittsburgh or not, underplaying to the population the seriousness of the disruption is simply not meeting the duty to care for one’s citizens.

Monitoring blogs, vox-pops and other media has been illustrative.  It’s clear that generally the population of Pittsburgh believe that there will be some home-grown protesting and maybe a few out of towners, but nothing like the trouble nor the numbers for London.  While there are unlikely to be the absolute numbers, total numbers are almost irrelevant.  I understand that there’s a government estimate that there will be between, “40 to 60 rock-throwers” in Pittsburgh.  Using that figure and applying the standard math that in any crowd up to 5% are prepared to be violent and that an additional 20% will participate if there are no apparent consequences to their action, that gives us a minimum of 160 people ready to act violently given the chance.  160 people whose actions will be planned and coordinated in advance, exacerbated by all those prepared to conduct direct actions not involving violence.  160 people for whom the very best result will be to create violence with the police and to lead the police to over-react and act against whole crowds as though they are all violent protestors.

By the time the next 96 hours are over we will know whether the direct actions forecast for Pittsburgh eventuate, and whether the Pittsburgh PD and their volunteer attachments manage to engage, maintain a de-escalated posture and focus on those with violent or vandalism-based tendencies, or whether they repeat the mistakes of their predecessors at other NSSEs.

The last six months have seen a lot of changes that will affect how Pittsburgh is judged.  St Paul’s RNC, the last NSSE, was an example of how not to do it, and yet the violence there received comparatively little attention or post event coverage, let alone ”lessons learned.”  So what has changed?

•    The protests in Tehran, the suppression of non-violent protestors by violent means and the President’s statement relating to the violent suppression of peaceful protestors.

•    The pushing of civil rights back into prominence, not least by the Attorney General.  Widespread perceptions of civil rights abuses are likely to force an investigation, and a properly conducted investigation must include examining the role of the DHS as being at least a contributory cause of the problems.

The global financial crisis continues to bite, and protests in response have grown.  Those protesting the “GFC” are not the “wild hippy protestors” that mainstream America are not too fussed about if they are suppressed, rather, there will be an element of the protestors who will be “middle America.”  These are the law-enforcement supporting population who will take being suppressed by the police badly.  They are not experienced at protesting, and so their responses if there is trouble will be unpredictable.  This happened in London in 1991 when the Metropolitan Police underestimated the anarchists and over-reacted against their tactics, which were to cause an over-reaction against the whole crowd.  This duly happened.

I have waxed lyrical about the factors that have contributed to the bad handling of protests in the past, and the solutions that are needed for the future.  In a nutshell, these are engagement, transparency, accountability and responsibility taken by all parties.  There remains little signal that this will happen in Pittsburgh; while I hope that all goes well, I have little confidence at this stage that anything but a broad streak of luck will lead to that outcome.

I can only hope that the next sponsors of a NSSE will have the foresight to see what went wrong in St Paul, Denver, LA, New York, Miami and potentially Pittsburgh, and to learn from those mistakes.

The Critical Need for Congressional Reform on Homeland Security Oversight

Tuesday, September 22nd, 2009

At this morning’s Senate Homeland Security and Governmental Affairs hearing on the report of the WMD Commission (also known as the Grahan-Talent Commission) former Senator Bob Graham started his testimony by highlighting the critical need for congressional reform of the homeland security oversight process. Hooray for him!

Graham pointed out that at the same time he was testifying, two other Senate committees were holding hearings on the same subject. This is a waste of resources, Graham said, and it needs to be rectified.

There is no doubt that Senator Graham’s comments found a friendly audience with the Senate Homeland Security committee this morning. Even Chairman Lieberman noted that previous efforts to reform the congressional process was an “embarrassing failure.” He promised to be “stubborn” about eliminating redundant oversight but noted it is far easier for Congress to reform the Executive branch than it is to reform itself. As I have said previously, it is time for Congress to take a “Physician Heal Thyself” approach.

The continuing question is whether Senate and House leaders who can actually change the oversight jurisdiction of other committees are listening to former Senator Graham and other bi-partisan thought leaders.

If they are listening, it is high time that they take action. If they are not listening, then it is time they started to pay attention.

The Costs of Making Room for G-20 Visitors

Monday, September 21st, 2009

This week my hometown of Pittsburgh will play host to the world as the G-20 Summit comes to the City of Champions.  Along with hosting an array of the world’s top leaders to talk about the challenging issues of our time (e.g. the economy, environment, etc.), thousands of protestors will also be descending upon the city of three rivers to share their perspective on things.

As we know from previous G-20s, World Trade Organization meetings and other high-profile international summits, gatherings such as these bring out the best and worst of people.  While we will see panoramic images of smiling leaders taking in the sights and cultures of the host city, we will also see protestors carrying signs, bullhorns and “floats/displays” or large-scale puppets to show their disdain for the policies, programs and people present at the summit.  The overwhelming majority of these protestors will be peaceful in exercising their civil and human right of free speech, but there are those few individuals that are hell-bent on causing chaos and destruction.  It is those persons that give any host city for a large-scale event of this type pause in preparing for such a gathering.

Pittsburgh is no different, but I have to say my concern has grown after I got a message on Friday from a high school friend who alerted me to a news story that the area’s jails were releasing 100-200 inmates to make room for the protestors.

While Western Pennsylvania is home to some of the most distinguished, practiced and professional emergency managers and public safety personnel in the country, I’ve been concerned for some time about the city’s preparations for this event given the short time frame they had to prepare for it.  There is little doubt that the city is HUGE on the sports scene and in the banking, medical and technology areas, but Pittsburgh is not a city of the scale of New York, Chicago or Los Angeles.  Each of those cities is huge geographically and operationally, and is used to having large scale events of this type.  Hosting the world’s leaders and its most practiced and professional protestors are a first for Pittsburgh.

Security at events like these is always the top concern.  The U.S. Secret Service will be running the show providing protection for the President, his family and the other visiting world leaders.  I have no concerns about their performance – they are the best in the world, but I am concerned about the Pittsburgh community at large.

Supplementing the Secret Service will be the city’s police department (only 900 or so uniformed officers) along with Pennsylvania State Police and regional law enforcement jurisdictions.  Large-scale protests of any size can be taxing upon any police force, but some of the folks that are making their way to my hometown this week are the world champions of havoc and chaos and have the YouTube footage, criminal records and destroyed property to prove it.

It’s one thing to prepare for protestors but it’s another when you have to release people from jail to make room for those who are coming to town and expect to take up residence behind bars.  While assurances have been made that those released are not violent offenders, these folks were in jail for a reason.

This action by the region last week begs the question, at what cost should a community have to bear to host an event such as this?

It’s bad enough Pittsburgh, like previous U.S. host cities for National Special Security Events (NSSEs) – New York City, Denver, Boston, Minneapolis/St. Paul, etc. is having its daily life interrupted by some necessary (and in some cases excessive) security arrangements.

The community is already being forced to close schools, government offices and businesses (at considerable expense and inconvenience) to accommodate the required security needs and transportation logistics.

These costs in terms of time, money and convenience are on top having a financially strapped area foot the bill for a range of things the Feds won’t pay for after they leave town.

Now it has to have its own personal security jeopardized by needing to release inmates to make room for ill-behaved protestors?

Many in Pittsburgh are taking great and deserved joy in showing themselves off to the world but many more are asking after the release of these jail inmates, “Is this event worth it?”

That’s a question many of my family and friends have been asking me and themselves these past few weeks.

We’re going to get some answers real soon.

Citizen Soldiers and Homeland Security

Monday, September 21st, 2009

The Virginia Military Institute hosted a conference on the role of the National Guard and Reserves in homeland security. Lots of great discussion, but I guess my biggest take-way is how little has changed since 9/11; how much there is left to be done; and how little momentum there is get where we need to be. The policies for managing the reserve components and flexibly employing them for disasters are not there yet. Establishing requirements for defense support of civil authorities is still in its infancy. Finally, there are no prospects that the Pentagon will have adequate resources to maintain the kind of reserve components we are going to need in the future. I did not walk away from the conference with a lot of optimism.

Cyber Security is a Priority in Europe

Monday, September 21st, 2009

IBM hosted a superb conference for its defense clients in Europe this past week.  The conference, held in Berlin, heard from several leaders of the European Defense arena, from such countries as the Netherlands, the UK, Finland, and Germany.  Also represented were Australia, Singapore, and Japan.  After an excellent plenary session, the participants broke out into three tracks, logistics, defense applications, and cyber security.  What made it so useful (and rare) was that everyone was prohibited from “selling” or discussing business.  The event was a true example of business and government cooperating and doing joint brainstorming.

The cyber security track touched on a wide range of issues.  These included both defense and general societal conundrums being faced today.  The group investigated both technical and non-technical problems and possible solutions.  I was surprised at how quickly the group of defense types gravitated to the broader challenges facing our respective countries while confronting cyber security.  The strict non-attribution policy precludes me from going into specifics, but the general message is still worth noting.

Several key issues discussed were the proper balance between security and privacy, the need for information sharing, and importance of a public education campaign to achieve real cyber “personal hygiene.”  Numerous different approaches were raised and considered, each coming from the experiences and the different governments and cultures represented.  Everyone acknowledged the degree of learning that was done on all parts.

What was most clear was the uniformity of concern among all the participants for the issue and for our mutual difficulties in meeting the growing challenges that now confront us.  These were practitioners of national defense, and those who work to support them.  Counter to all stereotypes, these individuals were every bit as concerned with raising a new generation who truly understood the dangers of today’s technology, as well as the potential for its use.  They agonized just as much about to how to protect citizen rights as they did with being able to counter a cyber attack by an enemy nation state.

It was a superb two days, which caused everyone involved to grow, and to progress a little further down the road to achieving meaningful security in the cyber realm.  Perfect security is not reachable in a constantly changing world such as cyber, but the drive to improve and get as close as possible was evidenced b the open mindedness and sharing at the IBM event.

Cops, not soldiers, should protect our borders

Saturday, September 19th, 2009

Americans have been blessed with a military that has defended our nation from foreign aggressors since the very beginning — initially with a group of patriot volunteers and now with the best trained and equipped forces in the world.

We are also blessed with a number of groups of law enforcement officers and agents that are protecting us here at home and they share a similar history.

We are indebted to both groups for the level of security that has allowed all Americans to prosper to the levels that we have achieved today. Although both groups are peacekeepers and protectors, and despite the fact that both groups wear uniforms and carry weapons, their roles and responsibilities are entirely different. Further, their training, use-of-force and a wide variety of rules and regulations are vastly different.

In response to an act-of-war situation, we probably would not want to send a police department to a foreign land. Conversely, sending an Army to handle a police action is probably not a good idea or at least a good use of resources.

This brings me to my concern for putting the military on the U.S. borders to handle the immigration issue that faces our nation. It’s a bad idea.

Stopping illegal entry, smuggling, and human/drug trafficking across our borders is a police action and should be handled as one. We are not at war with our bordering nations. We are jointly addressing illegal activities on both sides of our borders.

Further, our military forces are fighting two wars in two countries. To overload and stretch them even further by handing them the mission of protecting our borders here at home is going to pushing them to the breaking point.

When our solders are here at home, let us all allow them to enjoy their families before returning to the wars abroad. Our federal, state, and local police organizations can protect our homeland. Let’s resource the military and law enforcement organizations properly and let’s keep missions clear, with clear lines of authority, as they were set forth by our forefathers when they established this great nation.

Recess is Over, What’s The Right Agenda for Homeland Security?

Wednesday, September 16th, 2009

By Guest Contributor Jena Baker McNeil

Congress just got back from recess and it makes me wish it was summer. The fall legislative agenda leaves much to be desired.  Eight years after the attacks of 9/11, you would think that Congress would be thinking smarter about homeland security.  But the agenda is filled with lots of bad bills, bumper sticker legislation that doesn’t make Americans any safer.

In a recent Heritage WebMemo, my colleagues and I discuss the Do’s and Don’ts of Homeland Security for the fall.  Among the Don’ts is PASS ID, which would basically roll back the 9/11 Recommendations dedicated to improving driver’s license security as well as the Homeowners Defense Act, a disastrous move to make all Americans subsidize hurricane response.

Congress should have a different “To-Do” list. It could do things like scrapping the ill-conceived 100 percent scanning mandates, or reforming the pork barrel homeland security grant program.  These steps make Americans safer, while keeping us free and prosperous.

There’s no doubt our nation is safer because of legislation Congress has enacted since 9/11, over 23 terrorist plots foiled since 9/11 demonstrates this success.  In order to maintain this progress, however, legislators must resist dumb initiatives that add no security while impairing invaluable aspects of American life. It is time for Congress to exert some leadership and set the tone for homeland security for the rest of the year.

The Signals & Colors of Reality

Wednesday, September 16th, 2009

With the completion of the Task Force’s Report on the Homeland Security Advisory System (HSAS) now done we have a pretty good idea of how of the oft-maligned terror warning system is going to be restructured.  For those looking to see the five-color warning system done away with they will find themselves disappointed.  The Task Force believes an alert system should remain in place for terror warnings, but rather than stick with the current five color arrangement, they recommend going to three levels.

This is where Task Force’s report and the overall language and attitude of much of the greater homeland security community come together and speak very plainly and definitively.  While it’s nice to think that one day we won’t have to worry about sympathizers of Al Qaeda boarding subway cars with backpacks full of nails and TATP, or Tim McVeigh-types filling vehicles full of explosives ready to detonate it at a particular moment – the hard, cold and sober fact is we live in a world where incidents of these type are a reality that can occur anywhere at anytime.   No longer are these actions something that can occur in the Middle East; they have occurred here and will likely and tragically happen again on US soil.

Rather than put up a smokescreen of rhetoric, lollipops and roses perspective about the terror threat going away (the green and blue colors of the current HSAS system), the Task Force stated the obvious – we are never going to be that nation again.

If you read Tom Ridge’s recently issued book and understand how the existing HSAS system came about, you can appreciate and respect what our nation’s homeland security pioneers were trying to do in those immediate weeks following the 9/11 and anthrax attacks.  The fact is the system they developed then served its purpose, but we’re a whole lot smarter about terrorism than we were eight years ago.  We’re also a whole lot smarter and more adapt at communicating with one another than we were eight years ago, too.  Between Twitter, Facebook, Linked In (all systems that DHS, FEMA, national media and individual citizens use today) we are connected in ways we’ve never thought possible.

That’s where the Task Force’s lays down some clear foundations that Ridge and the early national homeland security team never had the fortune of having.  These include:
1)    We are and will remain a nation on a “Guarded” status in terms of terror for the foreseeable future;
2)    The HSAS System has to be as adaptive to the technologies and mechanisms of communications as the society that uses them to go about every day business and life;
3)    Any alert system has to target two constituencies – the public at large and institutions (government, private sector, etc.)
4)    The HSAS should have a dedicated staff to maintain, tune and exercise the advisory system to its target constituencies; and,
5)    The HSAS should be integrated into the national homeland infrastructure (e.g. state, local and tribal EOCs, fusion centers, JTTFs, etc.) to assure understanding and uniformity of message and response actions.

In the eight years since 9/11 and the anthrax attacks, we are finally beginning to put the hard-earned lessons into policies, protocols and operations that can better guide current and future homeland leaders of every sector.  The Task Force’s work has set an important foundation to build upon. With some additional time and resources, their work will hopefully lead to the formation of an HSAS that has public credibility, understanding and most importantly – respect.

Remembering My 9/11 Experience

Wednesday, September 16th, 2009

Eight years ago I, like the rest of America, was shocked by the events of Sept 11th 2001.  The attacks changed our Nation, and for me, it was personal.  At the time, I was serving as the Military Assistant to Secretary of Defense Donald Rumsfeld at the Pentagon.

I had joined the Secretary of Defense’s team on July 1st, and it had been a rollercoaster ride the entire way.  We had first struggled to fill the numerous high level billets for political appointees in the Pentagon, doing an enormous amount of work with less than half of the people we needed.  President Bush had given Secretary Rumsfeld a mandate to bring the Department into the 21st Century, and he set about to apply all he had learned in 25 years of business since his last stint as Secretary of Defense to the experience he had used that time.  Controversy swirled.

The much talked about friction between the Secretary of Defense and the senior military leaders was real.  However, in my opinion (based on my first hand observations vice rumors), it was due to the very different style which Donald Rumsfeld used.  The previous Administration was very solicitous to the uniforms.  If they said, “Mr. Secretary, this is the best course,” he almost reflexively sign-off.  Not so with Sec. Rumsfeld.  He wanted to be convinced of the right way to go, he never simply “trusted” any expert.  He also cut down the size of meetings dramatically.  All the 2-3 star officers and colonels who had previously accompanied their 4 star bosses to meetings were no long allowed at the table.  This had several effects.  First, the 4 stars had to become the experts; they hated having to be so well prepared that they could answer all his questions, and the staffs hated the painful process of “prepping” their bosses.  Next, those officers now left out of meetings no longer had the inside scoop, which tragically was often leaked in the past.  They felt left out, and were very peeved.  I know this, because I was the one turning them away at the door, and it was rather uncomfortable.  Bottom line was that this added greatly to the myth that Rumsfeld doesn’t “listen” to the uniforms.  Actually, he listened all the time, just not to the guys who were later complaining.

All that changed on 9/11.  While transformation continued, we were going to war.  We watched the news with the rest of America as the first plane hit in NY.  We were as baffled as everyone else as to the cause (pilot error? heart attack?).  Then the second plane hit, and as soon as we realized it was not a replay, we began to move into action.  The Secretary had just finished up a breakfast with a group of legislators, and called for his closest advisors.  The Senior Military Advisor looked at me and said, “Steve, this will not be answered by Tomahawk missiles this time, it will take tomahawks like the one in your office, in the hands of your Green Berets to respond to this.”  I did not know how prophetic he was being.

I was sent by the Senior Military Assistant into our classified area with several senior staffers from our Policy team and the Joint Staff.  We began brain storming as to who could have done this and why.  It was clearly terrorists, but which ones?  Were there other attacks planed?  After only a few minutes, we felt an odd vibration, and the building seemed to shift slightly.  We all looked at one another with the “What the heck was that?” look on our faces.  I stood and said I would go and find out what had happened.

Returning to the main Secretary of Defense’s office, I quickly asked what has just happened, and was told by a shocked sergeant that a plane had hit our building.  I asked “Where is the Boss?” and was told that he had gone out to the crash sight.  Shocked, I said, “We are supposed to get him away from the danger, not let him go toward it.”  I grabbed an Non-commissioned Officer and headed out to find Sec. Rumsfeld.  There he was, at the site of impact, hauling a stretcher.  Against his desires and concerns for the people who had been hurt, we convinced him to return to the office so we could begin the Department of Defense’s response.

We began in the relatively small classified area on the 3d floor that belonged to the Office of the Secretary of Defense (OSD).  Rumsfeld’s first question was “Where is the Chairman of the Joint Chief of Staffs (CJCS)?”  Gen. Sheldon was out of town, but Gen. Myers, the Vice Chairman (VCJCS) was downstairs in the National Military Command Center (NMCC).  The Secretary asked why he was separated from his military advisors, and was informed that we each had our own “areas.”  He frowned his soon to famous frown, asked where the better communications capabilities were located.  When he was told that the NMCC was better equipped, he immediately moved down to join the General.  There would be no standing on turf issues.

We were only able to stay there for about an hour, as smoke from the fire was soon filling the NMCC.  Several advisors counseled him to move to an alternate location away from Washington.  Rumsfeld refused, saying that the American people expect the defense of the Nation to emanate from the Pentagon, not “an alternate site.”  We were forced to move back upstairs to the 3d floor facility due to the foul air.  Gen. Myers and the key members of the Joint Staff accompanied the Secretary and his civilian advisors.  We were now locked it to a very long, difficult day.

As all this was happening, communications were established with the President, Vice President, and other key Cabinet officials.  Information came in with fits and starts, concerning the grounding of commercial aircraft, the crash in Pennsylvania, and our nascent response through NORAD.  This was brought home to me later, after talking to my wife.  She had come to the Pentagon that morning to have her first day as a volunteer in the medical clinic that cares for the leadership of the Department.  After we parted at 7:00 am, I did not see her until 4:30 pm.  She told me that while caring for the wounded and the responders, they had been told that another plane was approaching.  Everyone scattered, until they looked up and saw an America fighter plane streak overhead.  All the people cheered, and knew they would now be safe from further attack.  As we learned later, it was one of the brave Air National Guard pilots who took their post without hesitation, with no ammunition for their weapons.

All day long, we endeavored to keep the Boss armed with everything he and the VCJCS needed to properly advise the POTUS, and to direct the military assets of the Nation.  To be honest, I could not tell you what exactly was decided on that day.  I do know that the Boss had been spot on as to the galvanizing effect of staying at the building despite the ill advised warnings to leave.  He gave a news conference that evening, flanked by the VCJCS, and the two ranking members of the Senate Armed Services Committee.  It would be the first of many he would give over the next few years.  America no longer had just a Secretary of Defense – it had a Secretary of War.

Regardless of one’s position or feelings about other policy decisions made later by the Administration, that day, September 11th, 2001, every American should have been proud of how their leaders responded to the crisis.  As I finally departed the Pentagon at around 11:30 PM, I knew it was only the beginning of many days of difficult times, and even more difficult decisions.  Suddenly, my “office job” at the Pentagon had become the epicenter of America’s first 21st Century war.  As I look back today, at the moving memorial to the victims of the Pentagon attack, I will always remember how that spot looked eight years ago as I walked next to the man I will always think of as the Boss.

Mexico’s Risky Drug Decriminalization Sends the Wrong Message

Tuesday, September 15th, 2009

Mexico recently took a dramatic step in the war on drugs, decriminalizing possession of small amounts of marijuana, cocaine and heroin. In the midst of battling the drug cartels that grow fat on the profits of drug abuse and addiction, not to mention all of the violent crime that accompanies drug trafficking, the Mexican Government has sent a clear message. Unfortunately, it’s the wrong message. It is the message of surrender.

Mexican officials say the move will allow their law enforcement agencies to focus on fighting the big cartels, rather than small abusers. Predictably, drug legalization advocates cheered the move.

But other nations’ experiences with legalization have shown that these schemes rarely deliver on what they promise, while bringing with them significant new problems. Indeed it seems counter-productive in the extreme to be launching the nation’s most aggressive fight against the narcotraffickers while at the same time giving a wink and nod to drug use at home. It as if Mexico were trying to develop a stronger market for drug use at home.

The Mexican Government says that the new law is meant to allow law enforcement to focus on the major trafficking of drugs and not waste resources on small-time users. As the United States Government does with U.S. Drug Enforcement Administration (DEA), Mexico can focus its national resources on major traffickers without making a public proclamation that using drugs is okay.

When I headed the DEA in the early part of this decade, I toured a pilot legalization project in south London, where a local police commander launched an experimental program to de-emphasize small-time drug arrests. In the Lambeth borough, where the project was attempted, I saw drug dealers openly pushing hard drugs like heroin and crack. Residents of the working class neighborhood reported open drug use—indeed, I witnessed a young couple injecting heroin in an abandoned building—and significant increases in crime.

Legalization has even been tried in the United States, although most Americans may not realize it. In 1975, the Supreme Court of Alaska ruled that it was constitutional for adults to possess small amounts of marijuana for home consumption. The results were predictable enough: Drug use skyrocketed. A 1988 University of Alaska survey showed that the state’s teenagers used marijuana at a rate more than twice the national average for their age group. The report also showed a frequency of marijuana use that suggested it wasn’t experimental but was a well-incorporated practice for teens. Fed up with this dangerous experiment, Alaska’s residents voted in 1990 to recriminalize the possession of marijuana. A ballot proposal to legalize marijuana possession in Alaska in 2004 was also soundly defeated.

It’s also important to point out that legalizing (or “decriminalizing”) drug use won’t change the violent fight the Mexican Government is facing in going after criminal organizations trafficking drugs. It is still illegal to move distribute large quantities of drugs in Mexico, just as it is in the United States. But this is where the money is. The cartels will continue to bribe, kill and steal as necessary to traffick major shipments of drugs.

Some have suggested that we should therefore abandon the entire war on drugs. I disagree. It’s one of the great myths of our era that U.S. anti-drug efforts have not made a difference. Overall drug use in the United States is down from the levels of the 1970s, thanks to tough enforcement coupleed with effective drug education programs and drug treatment programs. In fact, while the use of illicit drugs has fluctuated over the years, the overall trend over the last three decades has been toward decreased usage. (To take the most recent good news, the 2008 National Survey on Drug Use and Health, released just last week, shows that youth drug use has shown a significant drop since 2002.)

It’s important to note that this progress did not come from decriminalization or legalization. It stems from a program that integrates enforcement with innovative approaches like drug courts, drug testing in the workplace, community coalitions to fight drugs and enhanced investment in education and prevention. That’s the formula for reducing drug abuse and addiction. That’s the formula for saving lives.

The precedents are clear: Where legalization has been attempted, regrets soon followed as the costs became clear. I fear our neighbors to the south will soon relearn this tragic lesson.

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