"The Constitution and the rule of law work if we understand them and if those in public life practice prudence, discretion, and honesty."
Congressman Lee Hamilton
Directed Reading
The proposition is really quite simple: obey the law, tell the truth, and play by the rules, and the nation's security will be protected. Act ethically, consistent with all oaths and acceptable allegiances, Constitutional provisions, statutory prescriptions, regulatory constrictions, and executive directives, and you will be an enlightened strategist.
Unfortunately, there are times when the situation seems more complicated, requiring more than that deceptively simple and easy guidance. It may be an ethical dilemma that complicates choice--whether, for example, to tell the whole truth to a Member of Congress or journalist or mislead them by omission in order to keep a national security secret. It may be that one's bureaucratic survival would be put at risk if, for example, the full truth might expose weaknesses in a system, program, or a superior, making it difficult to tell the truth. It may be a controversial policy advocated by aggressive superiors who are pushing the edge of their constitutional or statutory authority. This topic proposes a framework for situations that practitioners in the national security field may confront and the ethical considerations, laws, and regulations that may be relevant to their conduct. It poses a series of questions a strategist should consider when deciding what to do or say about a national security issue.
Topic Objectives
- To comprehend the ethical and legal dimensions of the national security process.
- To present a practitioner's framework for consideration when assessing the national security process.
Questions for Consideration
- What is the difference among the following controlling authorities: a Constitutional provision, a statute, a presidential decision directive, and a departmental regulation?
- Is a brief to a skeptical Congressman and his staff on a weapon system, a foreign assistance program, or a regional policy an adversarial proceeding requiring a pitch with a positive spin, even if they would be misled by hearing only part of the story? What is the legal obligation to a Member of Congress in a private briefing, a casual conversation, or during formal testimony?
- Where does an officer's final or absolute obligation lie? Who is the final arbiter of that oath or obligation?
- From a process point of view, how well has the U.S. government dealt with the issues of the USG engaging in assassinations?
- Use the practitioner's framework in deciding what to do or say about specific national security issues.
Required Readings
* John Johns, "The Ethical Dimensions of National Security," in David C. Kozak and James M. Keagle, eds., Bureaucratic Politics and National Security: Theory and Practice (Boulder, CO: Lynne Rienner Publishers, Inc., 1988), pp. 468-482. (Reprint)
* Norman E. Bowie, ed., Ethical Issues in Government (Philadelphia: Temple University Press, 1981), Ch 5, pp. 68-82. (Reprint)
* Duties of Public Officers, Rules of Conduct for Federal Employees, 1829. (Reprint)
* Code of Ethics for Government Service, Public Law 96-303, 1980. (Reprint)
* Robert F. Turner, "Killing Saddam: Would It Be a Crime" (The Washington Post, Sunday, October 7, 1990 Section D), pp. D1 & D2. (Reprint)
* Alleged Assassination Plots Involving Foreign Leaders: An Interim Report of the Select Committee to Study Government Operations with respect to Intelligence Activities. United States Senate Together with Supplemental and Separate views (September 18, 1975), Report 94-465, pp. 1-11, 255- 281. (Reprint)
* Executive Order No. 12333 of United States Intelligence Activities (December 4, 1981, 46 F.R. 59941). (Reprint)
A PRACTITIONER'S FRAMEWORK FOR DECISION MAKING
1. PLACE THE ISSUE IN THE CONTEXT OF THE NATIONAL SECURITY STRATEGY
- --Determine the nature and extent of the issue
--Determine the degree of threat or opportunity
--Assess the issue in terms of the existing policy
--Articulate the desired resolution
2. DETERMINE THE CONTROLLING AUTHORITIES
- --Moral imperatives
--Ethical considerations
--Constitution
--Domestic and international law
--Applicable regulations
--Existing policies
--Precedent and conventions
--Public support
3. IDENTIFY THE DECISION-MAKERS
- --Executive Branch
- President, inter-agency system,
heads of agency,
delegated subordinate
--Legislative Branch
- Congressional committee,
Leadership,
Member,
or staff
--Judicial Branch
4. LIST ALL PARTICIPANTS
- --Governmental
--Non governmental: interest groups, media, other nations
5. DETERMINE THE ACTION REQUIRED
- --Executive Act: statement or use of instruments of statecraft
--Act of Congress
--Court Decision
6. ANALYZE ALL FACTORS THAT AFFECT THE PROCESS
- --Politics
--Other branches/parts of government
--Public opinion (domestic and international)
--Other nations and actors
--Media and interest groups
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