{"id":186,"date":"2017-08-31T15:06:08","date_gmt":"2017-08-31T19:06:08","guid":{"rendered":"https:\/\/www.nlg.org\/nlg-review\/?post_type=article&p=186"},"modified":"2017-08-31T15:20:18","modified_gmt":"2017-08-31T19:20:18","slug":"james-mattis-trumps-military-decider","status":"publish","type":"article","link":"https:\/\/www.nlg.org\/nlg-review\/article\/james-mattis-trumps-military-decider\/","title":{"rendered":"James Mattis: Trump\u2019s Military Decider"},"content":{"rendered":"

By Marjorie Cohn<\/strong><\/p>\n

Cohn is professor emerita at Thomas Jefferson School of Law, past president of the National Lawyers Guild and deputy secretary general of the International Association of Democratic Lawyers. Her most recent book is <\/em>Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. Visit her at marjoriecohn.com.<\/em><\/p>\n

\u201c\u2018Mad Dog\u2019 Mattis \u2018Closest Thing We Have to Gen. George Patton,\u2019\u201d1 Donald Trump tweeted, as he nominated retired Marine General James Mattis to serve as his Secretary of Defense. Trump was impressed with Mattis\u2019s tough-guy reputation. War criminal Henry Kissinger, with whom Mattis had worked at the Hoover Institution, Stanford University\u2019s right-wing think tank, vouched for the retired general.2 Trump has given Mattis \u201ctotal authorization\u201d3 to launch military operations and to determine how many U.S. troops will serve in Iraq and Syria. Mattis changed the rules of engagement in Yemen and Somalia so that lower level generals can authorize some attacks.<\/p>\n

A former defense official who has known Mattis for years told Dexter Filkins of the New Yorker<\/em>, \u201cMattis wants to win. He wants victory. He wants to kick ass. The White House is much looser now. They\u2019re turning to the military and saying, \u2018You do it. We trust you. You\u2019re the pros.\u2019\u201d He added, \u201cI\u2019m worried the pendulum is swinging the other way, and that the military gets whatever the hell they want. Because General Mattis is a warrior. He has spent forty years killing people, and his whole career has been built to win.\u201d4<\/p>\n

\u201cIt\u2019s fun to shoot some people\u201d <\/strong><\/p>\n

Indeed, Mattis declared in 2005, \u201cIt\u2019s fun to shoot some people.\u201d5 That was a year after he presided over the Battle of Fallujah in Iraq, which was triggered by the killing and mutilation of four Blackwater mercenaries. In retaliation, U.S. troops killed between 700 and 1,000 people, at least 60 per- cent of them women and children. NBC News correspondent Kevin Sites, embedded with the Marines in Iraq, heard Staff Sgt. Sam Mortimer radio, \u201cEverything to the west is weapons-free.\u201d That \u201cmeans the Marines can shoot whatever they see\u2014it\u2019s all considered hostile,\u201d Sites explained.6 The rules of engagement were set at the top, and Mattis was in charge.<\/p>\n

\u201cThere is plenty of evidence that either the U.S. was targeting civilians or that the U.S. was conducting indiscriminate attacks without knowing, or taking sufficient precautions to determine, whether individuals were combatants or civilians,\u201d Cardozo law professor Gabor Rona, an adviser to the International Committee of the Red Cross, told Filkins.7<\/p>\n

Civilian casualties on Mattis\u2019s watch <\/strong><\/p>\n

In 2005, as retaliation for the death of their comrade from a roadside bomb, U.S. Marines executed 24 unarmed civilians in Haditha, Iraq, in a three-to-five-hour rampage. The victims included a 76-year-old amputee in a wheelchair holding a Koran, and children aged 1, 3, 4, 5, 10 and 14. The Marines falsely and knowingly claimed the civilians were killed by a roadside bomb blast, then said it was in a running gun battle. They didn\u2019t come clean until Time <\/em>ran an expos\u00e9. Rep. John Murtha (D-Pennsylvania), a former Marine, told ABC there was \u201cno question\u201d that the U.S. military tried to \u201ccover up\u201d the incident, which Murtha called \u201cworse than Abu Ghraib.\u201d8 The following year, seven Marines and a Navy corpsman executed a civilian in Hamdania, Iraq, then put a shovel near the body to make it look like the man had been trying to plant a bomb. Sergeant Lawrence Hutchins told his men, \u201cGents, congratulations. We just got away with murder.\u201d9<\/p>\n

Mattis decided who would be charged for the Haditha and Hamdania incidents. In the Hamdania case, the servicemen were charged with murder and kidnapping, but received lenient sentences.10 But in the Haditha case, Mattis charged four Marines with murder and four for dereliction of duty. Only one of the men Mattis charged was convicted\u2014of dereliction of duty.11<\/p>\n

Shortly after Trump\u2019s inauguration, with very little deliberation, he accepted Mattis\u2019s recommendation that the U.S. mount a military strike in Yemen. During the resulting firefight, 14 members of al Qaeda, 30 civilians12 and one Navy Seal were killed.13 Reacting to media reports that the attack produced little actionable intelligence, Trump faulted \u201cthe generals.\u201d The senior official told Filkins, \u201cMattis owed it to Trump to let him know that things might go wrong. But there was no process.\u201d14<\/p>\n

Since that \u201cbotched\u201d raid, the U.S. military has killed record numbers of civilians in Iraq and Syria. Mattis\u2019s statement at a May 19, 2017 press conference, \u201cThere has been no change to our continued extraordinary efforts to avoid innocent civilian casualties,\u201d15 rings hollow.<\/p>\n

In April, the Air Force dropped the \u201cMother of all Bombs\u201d on Afghanistan. The largest conventional weapon ever launched, it weighed 22,000 pounds. And Trump sent 59 Tomahawk missiles into Syria in retaliation for a chemical attack allegedly carried out by the Bashar al-Assad government. But as Pulitzer Prize-winning journalist Seymour Hersh determined, it is not clear that Assad was responsible for the chemical attack.16<\/p>\n

Wary of war with North Korea and Iran <\/strong><\/p>\n

As Trump rattles his sabers at North Korea, Mattis appears clear-eyed. In May 2017, Mattis stated on CBS\u2019s \u201cFace the Nation\u201d that a military conflict in North Korea \u201cwould be probably the worst kind of fighting in most people\u2019s lifetimes.\u201d17 And he told the media at his May 19, 2017 press conference, \u201cAs you know, if this goes to a military solution, it is going to be tragic on an unbelievable scale, and so our effort is to work with the UN, work with China, work with Japan, work with South Korea to try to find a way out of this situation.\u201d18 Diplomacy will not work, however, unless North Korea is also included in the process.<\/p>\n

When he appeared before the House Appropriations Committee, Mattis said if the U.S. were to fight North Korea, \u201cI will suggest that we will win…It will be a war more serious in terms of human suffering than anything we\u2019ve seen since 1953 . . . It will involve the massive shelling of an ally\u2019s capital [Seoul, South Korea], which is one of the most densely packed cities on earth.\u201d Mattis added, \u201cIt would be a war that fundamentally we don\u2019t want, but we would win at great cost.\u201d19<\/p>\n

Mattis has been of two minds on Iran. The year after Barack Obama refused Mattis\u2019s request for authority to attack Iran in 2012, Mattis resigned as head of the U.S. Central Command. Mattis had sought to intensify U.S. military activity against Iran, which the Obama administration opposed. In 2016, Mattis said the Iranian regime is \u201cthe single most enduring threat to stability and peace.\u201d20 But although Mattis was a harsh critic of Obama\u2019s nuclear agreement with Iran, the general said, \u201cthere\u2019s no going back\u201d on the deal.21<\/p>\n

Wary of what he calls \u201cmission creep,\u201d Mattis insists the Pentagon aims only to defeat the Islamic State and opposes being pulled into a war with Iran. Mattis is reportedly pushing back against some White House officials who wish to open up a border front against Iran and its supporters in southeastern Syria, \u201cviewing it as a risky move that could draw the United States into a dangerous confrontation with Iran,\u201d according to defense officials interviewed in June 2017 by Foreign Policy<\/em>.22<\/p>\n

Critical of Israel, opposes torture\u2014but will he restrain Trump? <\/strong><\/p>\n

To his credit, Mattis is critical of U.S. policy on Israel. He thinks the United States is paying a \u201csecurity price\u201d in the Middle East because it is considered biased in favor of Israel.23 Mattis criticized Israel for building settlements in the occupied West Bank, noting they \u201care going to make it impossible to maintain the two-state option.\u201d24 He said the settlements might weaken Israel as a Jewish and Democratic state and could lead to apartheid. \u201cIf I\u2019m in Jerusalem and I put 500 Jewish settlers out here to the east and there\u2019s 10,000 Arab settlers in here, if we draw the border to include them, either it ceases to be a Jewish state or you say the Arabs don\u2019t get to vote\u2014apartheid,\u201d25 Mattis stated.<\/p>\n

During the presidential campaign, Trump promised to reinstitute waterboarding and said he would \u201cbring back a hell of a lot worse than waterboarding.\u201d26 Mattis may have changed Trump\u2019s mind, when he told the president, \u201cI\u2019ve never found it to be useful. I\u2019ve always found, give me a pack of cigarettes and a couple of beers and I do better with that than I do with torture.\u201d27 Trump was \u201cvery impressed by that answer. I was surprised, because he\u2019s known as being like the toughest guy.\u201d28<\/p>\n

When he sent the Tomahawk missiles into Syria, Trump went from scoundrel-in-chief to national hero, virtually overnight. The corporate media, the neoconservatives and most of Congress hailed him as strong and presidential. \u201cThe instant elevation of Trump into a serious and respected war leader was palpable,\u201d29 wrote Glenn Greenwald. This sent Trump, who is obsessed with being liked, a frightening message: Bombing makes you popular.<\/p>\n

\u201cMattis could well turn out to be a brake on Trump\u2019s impulsive tendencies,\u201d Filkins opined. \u201cBut it\u2019s also possible that, with the President uninterested in many details of international affairs, the military will also lack restraint.\u201d30<\/p>\n

______________________<\/p>\n

NOTES<\/p>\n

    \n
  1. Official Team Trump (@TeamTrump), TwITTer (Dec. 2, 2016, 11:43 AM), https:\/\/ twitter.com\/TeamTrump\/status\/804773050562609153.<\/li>\n
  2. Dexter Filkins, James Mattis, Warrior in Washington<\/em>, NEW YORKER (May 29, 2017), http:\/\/www.newyorker.com\/magazine\/2017\/05\/29\/james-mattis-a-warrior-in-washington.<\/li>\n
  3. \u2028Ibid.<\/em><\/li>\n
  4. Ibid.<\/em><\/li>\n
  5. NBC 7 Staff & Associated Press Reports, \u2018It\u2019s Fun to Shoot Some People\u2019: Retired General Mattis in 2005 Appearance<\/em>, NBC 7 (Dec. 2, 2016), http:\/\/www.nbcsandiego. com\/news\/local\/Mattis-Its-Fun-to-Shoot-Some-People–404271786.html.<\/li>\n
  6. Kevin Sites, Marines Let Loose on Streets of Fallujah, <\/em>NBCNEWS.COM (Nov. 10, 2004, 8:09 PM), http:\/\/www.nbcnews.com\/id\/6450268\/ns\/world_news-mideast_n_africa\/t\/marines-let-loose-streets-fallujah\/#.WWzaDoTyuUk.<\/li>\n
  7. Filkins, supra <\/em>note 2.<\/li>\n
  8. Bernard Hibbitts, Marine Haditha Killings \u2018Worse Than Abu Ghraib\u2019: Congressman<\/em>, JURIST (May 28, 2006, 1:50 PM), http:\/\/www.jurist.org\/paperchase\/2006\/05\/marine-haditha-killings-worse-than-abu.php.<\/li>\n
  9. Tony Perry, Marine Convicted of Murder in 2006 Killing of Iraqi Man<\/em>, L.A. TIMES (June 17, 2015, 5:40 PM), http:\/\/www.latimes.com\/local\/lanow\/la-me-ln-hutchins- verdict-20150617-story.html.<\/li>\n
  10. Marine Involved In Hamdania Killing Sentenced<\/em>, aBC10 NewS (Feb. 18, 2007, 9:14 AM), http:\/\/www.10news.com\/news\/marine-involved-in-hamdania-killing-sentenced.<\/li>\n
  11. Stan Wilson & Michael Martinez, Marine in Haditha, Iraq, Killings Gets Demotion, Pay Cut<\/em>, CNN (Jan. 24, 2012, 11:05 PM), http:\/\/www.cnn.com\/2012\/01\/24\/justice\/california-iraq-trial\/index.html.<\/li>\n
  12. Yemeni Civilians Killed in First US Raid Under Trump, <\/em>ALJAZEERA (Jan. 30, 2017), http:\/\/www.aljazeera.com\/news\/2017\/01\/yemen-170129101045539.html.<\/li>\n
  13. David Jackson, Trump Memorializes Navy SEAL Killed in Raid in Yemen at Dover Base<\/em>, USA TODAY (Feb. 1, 2017, 3:48 PM), https:\/\/www.usatoday.com\/story\/news\/ politics\/2017\/02\/01\/donald-trump-us-navy-seal-team-six\/97351640\/.<\/li>\n
  14. Filkins, supra <\/em>note 2.<\/li>\n
  15. Eric Schmitt, Mattis Says Escalation Against ISIS Doesn\u2019t Imperil More Civilians<\/em>, N.Y. TImeS (May 19, 2017), https:\/\/www.nytimes.com\/2017\/05\/19\/world\/middleeast\/ mattis-military-isis-trump.html.<\/li>\n
  16. Seymour M. Hersh, Trump\u2019s Red Line<\/em>, WELT (June 25, 2017), https:\/\/www.welt.de\/ politik\/ausland\/article165905578\/Trump-s-Red-Line.html.<\/li>\n
  17. Jason Le Miere, North Korea War Would Be \u2018Catastrophic,\u2019 and \u2018Worst in Most People\u2019s Lifetimes,\u2019 U.S. Defense Secretary Mattis Warns<\/em>, NEWSWEEK (May 28, 2017, 11:37 AM), http:\/\/www.newsweek.com\/north-korea-war-us-mattis-616943.<\/li>\n
  18. AFP, North Korea Conflict Would Be Tragic on \u2018Unbelievable Scale\u2019: Mattis<\/em>, Yahoo! NewS (May 19, 2017), https:\/\/www.yahoo.com\/news\/north-korea-conflict-tragic-unbelievable-scale-mattis-202056939.html.<\/li>\n
  19. Jeff Daniels, US, South Korea Officials Push Diplomacy as North Korea\u2019s Dictator Grows Paranoid of Assassination<\/em>, CNBC (June 15, 2017, 3:24 PM), http:\/\/www.cnbc.com\/2017\/06\/15\/defense-secretary-says-north-korea-war-would-be-catastrophic.html.<\/li>\n
  20. Ted Regencia, Is Trump Leading the US on a Warpath With Iran?, <\/em>AL JAZEERA (Feb. 13, 2017), http:\/\/www.aljazeera.com\/indepth\/features\/2017\/02\/trump-leading-warpath-iran-170203105946707.html.<\/li>\n
  21. Austin Wright & Jeremy Herb, Mattis on the Issues, <\/em>POLITICO (Jan. 12, 2017, 5:48 AM), http:\/\/www.politico.com\/story\/2017\/01\/mattis-on-the-issues-233522.<\/li>\n
  22. Kate Brannen, et al., White House Officials Push for Widening War in Syria Over Pentagon Objections, <\/em>FOREIGN POLICY (Jun. 16, 2017), http:\/\/foreignpolicy.com\/2017\/06\/16\/white-house-officials-push-for-widening-war-in-syria-over-pentagon-objections\/.<\/li>\n
  23. Matt Duss, Former CENTCOM Head: U.S. Pays \u2018Security Price\u2019 For Israeli-Palestinian Conflict, <\/em>THINKPROGRESS (July 22, 2013), https:\/\/thinkprogress.org\/former-centcom-head-u-s-pays-security-price-for-israeli-palestinian-conflict-ccee7da82350.<\/li>\n
  24. Nick Wadhams, et al., Trump Chooses Settlements Supporter as Ambassador to Israel<\/em>, BLOOMBERG (Dec. 15, 2016, 10:59 PM), https:\/\/www.bloomberg.com\/news\/ articles\/2016-12-16\/trump-chooses-settlements-supporter-as-u-s-ambassador-to-israel.<\/li>\n
  25. Jeffrey Goldberg, An American General Warns the Israeli Right<\/em>, BloomBerg (July. 25, 2013, 9:58 AM), https:\/\/www.bloomberg.com\/view\/articles\/2013-07-25\/an-american-general-warns-the-israeli-right-.<\/li>\n
  26. Tom McCarthy, Donald Trump: I\u2019d Bring Back \u2018A Hell of A Lot Worse Than Waterboarding,\u2019 <\/em>GUARDIAN (Feb. 7, 2016, 6:57 AM), https:\/\/www.theguardian.com\/us-news\/2016\/feb\/06\/donald-trump-waterboarding-republican-debate-torture.<\/li>\n
  27. Kevin Drum, Trump Backs Off Torture Because a Guy Named \u201cMad Dog\u201d Doesn\u2019t Like It<\/em>, moTher JoNeS (Nov. 23, 2016, 7:21 PM), http:\/\/www.motherjones.com\/kevin-drum\/2016\/11\/trump-backs-torture-because-guy-named-mad-dog-doesnt-like-it\/.<\/li>\n
  28. Donald Trump\u2019s New York Times Interview: Full Transcript<\/em>, N.Y. TIMES (Nov. 23, 2016), https:\/\/www.nytimes.com\/2016\/11\/23\/us\/politics\/trump-new-york-times-inter-view-transcript.html?partner=rss&emc=rss&smid=tw-nytimes&smtyp=cur&_r=0.<\/li>\n
  29. Glen Greenwald, The Spoils of War: Trump Lavished With Media and Bipartisan Praise For Bombing Syria<\/em>, INTERCEPT (Apr. 7, 2017, 10:43 AM), https:\/\/theintercept.com\/2017\/04\/07\/ the-spoils-of-war-trump-lavished-with-media-and-bipartisan-praise-for-bombing-syria\/.<\/li>\n
  30. Filkins, supra <\/em>note 2.<\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"

    By Marjorie Cohn Cohn is professor emerita at Thomas Jefferson School of Law, past president of the National Lawyers Guild and deputy secretary general of the International Association of Democratic Lawyers. Her most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. Visit her at marjoriecohn.com. \u201c\u2018Mad Dog\u2019 Mattis \u2018Closest Thing We […]<\/p>\n","protected":false},"author":32,"featured_media":0,"menu_order":90,"comment_status":"closed","ping_status":"closed","template":"","format":"standard","meta":{"_kad_blocks_custom_css":"","_kad_blocks_head_custom_js":"","_kad_blocks_body_custom_js":"","_kad_blocks_footer_custom_js":"","footnotes":"","_members_access_role":[],"_members_access_error":""},"categories":[],"tags":[],"issuem_issue":[80],"class_list":["post-186","article","type-article","status-publish","format-standard","hentry","issuem_issue-nlg-review-vol-74-no-1-spring-2017","post"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t