Insanity Defense by Jane Harman

book cover

In 2020, after trillions of dollars in military expenditures and multiple wars, a virus originating in a Chinese “wet market” would inflict even more economic and human damage. Overcoming the most lethal threats of the twenty-first century—at least those threats that pose the greatest risk to the health and well-being of the average citizen—will require staying the itchy trigger finger of militarized statecraft. Ultimately, achieving true security will require embracing a broader “whole of government” and “whole of nation” set of tools that reflect the full strength of America.

If Jane Harman had been on stage at the Oscars instead of Chris Rock, an out of control actor with anger issues would have failed to land the slap heard round the world. Harman would have ducked. It is clear from reading Insanity Defense that she has mastered the pugilistic art of the bob and weave. And as she does so, and despite her legislative career as a Democrat, it appears that her sweet science strategy has her tending to circle to the right.

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Jane Harman – image from Politico

Jane Harman was a United States Representative from California’s 38th District from 1993 to 1999, and from 2001 to 2011. Security was her primary beat. She chaired the Homeland Security Committee’s Intelligence Subcommittee from 2007 to 2011 and was the ranking member on the House Intelligence Committee from 2002 to 2006. She moved on to head the Woodrow Wilson International Center for Scholars in 2011, where she remained until retiring in 2021. So, she has been there and done that for matters concerning national security for quite some time. She is a Democrat, regarded as liberal by some and a centrist by others. The liberal Americans for Democratic Action gave her a 95% rating, while Politico refers to her as one of the leading centrist voices in the Democratic Party on intelligence and national security.

During her time in office, she was able to work with some Republicans to revamp the organization of American spy agencies. It has been reported that she took the Wilson Center gig because it offered an opportunity to continue working on issues of interest in a bipartisan manner, something that was no longer possible as a representative, given the GOP’s scorched-earth partisanship. It is also possible that she left Congress when the Democrats’ minority status would have left her with little effective influence for at least two years.

Insanity Defense is not so much a memoir as it is a critique of the changes that have not been made to American defense policy since the end of the Cold War.

My work in the defense and intelligence space spans more than three decades, and I am vexed by the fact that policies designed to protect America are actually making us less safe. I call this “insanity defense”: doing the same thing again and again and expecting it to enhance our security.

Her look at the last thirty years includes five administrations, Bush 41, Clinton, Bush 43, Obama, and Trump, pointing out how she believes they failed on foreign policy, taking on several security issues that she believes have not been adequately addressed. Trump is mentioned more than once, and not positively, but is given less attention than his predecessors. More attention to his impact on US military and intelligence policy would have been most welcome. The memoirish bits have to do with her work on committees and other positions she has held dealing with military and intelligence issues. There is nothing in here about her personal life other than events relating to her runs for office and other policy-related jobs she has held.

Harman’s basic point is valid. She makes a strong case for the need to be flexible in a variety of ways in order to address ever-changing security needs, cope with new threats, in diverse forms, and not spend every penny we have as nation on new hardware designed to win World War II. Of course that would require that Representatives and Senators with considerable defense industry constituencies step back from advocating for government spending that benefits their industries at the cost of less expensive, and potentially more effective alternate approaches. Good luck with that.

There is not a lot that will be news to you in this book. I appreciate that Harman offers some specifics on proposals that were made that could help provide needed coverage of defense needs (like drone subs that could track whatever needed tracking, running for months at a time) without requiring megabucks being spent on traditional tech, such as aircraft carriers, nuclear submarines, and ever more complicated and expensive fighter jets. (That means you, F-35) Some of the interactions she reports with decision-makers will only reinforce your take on them. Nothing to see here, move along.

A major point in the book is that Congress has been marginalized by the White House on matters of military action and intelligence, that power has become far too concentrated in an increasingly unitary executive. She refers to Dick Cheney’s chief of staff David Addington.

As far as Addington was concerned, when Article II said that “the executive Power shall be vested in a President,” well, that was the end of it—all power, not some power or whatever power Congress provided or allowed. The concept of the “unitary executive,” once an obscure theory at the right fringe of legal thinking, would become the operating manual for the Bush presidency when it came to security policy. I called this a “bloodless coup”—a dramatic power shift in government that occurred almost entirely out of view at the time. Addington was always courtly and polite with me personally. But when it came to any role for Congress, his answer was always a very firm no.

Harman’s solutions for future improvement rely on somehow finding again the holy grail of bipartisanship. I believe that she was blinded to the extant political realities by her prior experience of meaningful bi-partisanship. Newt Gingrich killed it, and Mitch McConnell incinerated the body. Harman appears to be living in a bit of a time warp, in which she does not recognize that the civil bipartisanship that allowed Ronald Reagan and Tip O’Neill to be friends has taken a hard uppercut to the chin and is lying unconscious on the mat. She certainly should be aware. It was that partisanship that some say drove her from Congress in 2011. And yet…

The greater Obama’s frustration with recalcitrant Republican majorities—first the Tea Party–dominated House, then the Mitch McConnell–led Senate—the more he would exercise executive action on a range of issues.

As if it were Obama’s frustration and not Republican intransigence that was at fault. McConnell left him no option, having publicly declared that he would oppose all bills favored by the White House. It takes two for bipartisanship, and Obama certainly tried, but Harman is blaming the victim here. (duck)

I look at what went wrong—and could go right again—through the lens of my own experience: how political moderates became first hunted and then an endangered species, caught in the crossfire between the far left and the far right. The punishment for bipartisanship became harsh and immediate. The business model shifted from working together to solve urgent problems facing the country to blaming the other side for not solving the urgent problems.

Yet more worthless both-sidism from Harman. Just look at the range of opinions in the Democratic party and then look at the Republicans. Only one party is purging moderates. (sucker punch)

This is not to say that she saves all her barbs for Dems. Harman has plenty to say about the Bush (43) administration wasting the opportunity offered by 9/11 and the sympathy the USA gained from the world from that event, pivoting to a “war on terror” that cost trillions of dollars, tens of thousands of lives, and accomplished not a lot. A classic case of using old tech against a new problem. Winston Churchill famously said “Generals are always prepared to fight the last war.” It appears that politicians share that malady. She strongly decries the Bush (43) administration’s embrace of secrecy and a unitary executive view of presidential power, as noted above. She rightly points out instances in which both Republican and Democratic presidents have played fast and loose with restrictions on their executive activities, particularly in matters of war and intelligence. But her tendency to pull her punches on Republicans while not offering the same consideration to Dems made the book feel off balance.

One of many mysteries about Cheney is how someone who had risen to House minority whip while a congressman from Wyoming could become so contemptuous of the institution he once helped lead.

This is not at all a mystery. Cheney was hungry for power, by any means possible. That the author fails to see or admit this speaks to either a surprising naivete or a willful ignorance. She cites her early experience of him as gracious but then cites a far cry from the obsessive almost maniacal figure he would be portrayed as, not that he was, but as he was portrayed as. (bob) She goes on to tell of asking VP Cheney directly to expand from two the list of Representatives currently kept informed about a spy project called Stellar Wind (a domestic spying program with a very shaky legal foundation) and his one word answer, “No.” She does a similar thing with Jeremy Bremer re the disastrous de-Baathification program he signed off on in Iraq, trying to lay blame on higher-ups. So what? Even if they ordered him to do it, he still did it. The man could have resigned if he opposed the order. (weave)

Do we need to change in our approaches to military thought and intelligence gathering? Sure. This presumes, of course, that the change has not already taken place, and we just don’t know about it. I am not saying that this is the case, just that it is difficult to ascertain where the truth lies in such policy areas. Do we need to pare back the unitary presidency? Absolutely, or else the nation becomes an autocracy. Do we need Congress to regain oversight, and influence on policy issued? Definitely, with the caveat that this access isn’t used solely to undermine the administration, whichever party holds the White House, but to interact with the administration to make sure the stated goals and methods are kosher.

Do we need to read Jane Harman’s Insanity Defense? There is merit in the raising of important issues of national importance and value in imparting the benefit of her experience over three decades of public service. As a refresher, this book makes some sense, offering one a chance to brush up on some meaningful legislative history, some war policy history. But this is not at all a must read. So, the final bell rings and the referee checks with the judges. The result? Split Decision.

One of the least known yet most consequential documents filed immediately after 9/11 was a memorandum of notification to Congress, commonly referred to as a “finding,” which announced that the CIA would be conducting operations that would not be acknowledged. At the time, this notification, submitted on September 17, 2001, seemed pro forma; we all took it as a given that aggressive covert activity would—indeed, must—be part of our response to the horrific attacks. Yet this same finding would cover the CIA black sites, enhanced interrogations, and targeted killings abroad for nearly two decades.

Review posted – April 1, 2022

Publication date – May 18, 2021

I received an ARE of Insanity Defense from Saint Martin’s Press in return for a fair review, and a few bits of classified intel Thanks, folks. And thanks to NetGalley for facilitating.

This review has been cross-posted on GoodReads

=======================================EXTRA STUFF

Interviews
—–Woodrow Wilson Center – Insanity Defense: Why Our Failure to Confront Hard National Security Problems Makes Us Less Safe with David Sanger – video – 57:31
—– Jane Harman Steps Down: A Look Back on a Decade of Leadership and Achievement by John Milewski – on her stepping down as director of the Wilson Center, and about her book – video – 30:02

Items of Interest from the author
—–Foreign Affairs – A Crisis of Confidence – How Biden Can Restore Faith in U.S. Spy Agencies
—–The Common Good – Combating Misinformation with Clint Watts and Jane Harman – video – 1:11:56

Items of Interest
—–Stellar Wind
—–Youngstown Sheet and Tube vs Sawyer re presidential power
—–Sweet Science

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Filed under American history, Public policy, Reviews

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