ARMS-D-Request@MIT-MC.ARPA (Moderator) (12/06/85)
Arms-Discussion Digest Thursday, December 5, 1985 11:40PM Volume 5, Issue 46 Today's Topics: Arms-Discussion Digest V5 #45 Motherhood about Bargaining SADMs LOW Discussion Exploiting any information ---------------------------------------------------------------------- Date: Thu, 5 Dec 85 10:39:42 EST From: Oded Feingold <OAF@MIT-MC.ARPA> Subject: Arms-Discussion Digest V5 #45 "Two things worry me about your comment. First is your sense of proportion. So you really think that..." "I sincerely hope that you do not work with classified material, or that you have not done so in the past. In that case I could understand a certain amount of naivete about classified data." ------------------------------ Jeff Miller is back in form, passing superior comments about how naive the rest of us are. Does the gummint pay him for this? ------------------------------ Date: Wed, 4 Dec 85 14:41:04 pst From: Charlie Crummer <dual!scgvaxd!aero!crummer@ucbvax.berkeley.edu> Subject: Motherhood about Bargaining I have been having a hard time with one of the two commandments of bargaining. As I understand them they are: 1) Don't give something away if you can bargain with it. (no problem with this) 2) Don't let the other guy know at the outset of the bargaining session what your "bargaining chips" are. I have never seen this strategy used in real life. If a poker player doesn't put his chips on the table, they have no effect. Maybe there is a confusion between the cards and the chips. A bargainer may not reveal his strategy or his cards but if he wants to play with the big boys he will certainly have his big chips on the table. Of course the poker analogy is rather restricting in itself because it presupposes a zero-sum game, i.e. someone loses if another wins. --Charlie ------------------------------ Date: 5 Dec 85 19:27 EST (Thu) From: _Bob <Carter@RUTGERS> Subject: SADMs From: Gary Chapman <PARC-CSLI!chapman at glacier> I looked up some data on SADMs. They have a yield in the range of 0.01 Kt to 0.25 Kt. SADM stands for "Special Atomic Demolition Munition." All the information you could ever want is in Army Field Manual 9-47, "Special Ammunitions Unit Operations." You suggested these were for specially-trained units only. Where are they in the TO&E? Division? Army? What tactical mission did the training contemplate these munitions beings used for? How were units to be inserted/extracted while accomplishing these missions? _B ------------------------------ Date: Thu, 5 Dec 85 23:23:46 EST From: "James E. O'Dell" <Jim McGrath <J.JPM at LOTS-A>@MIT-MC.ARPA> Subject: LOW Discussion Feel free to forward this reply to Cliff if appropriate. I agree with your comments in the most recent issue of ARMS-D. There is not, and can never be, any procedural bar to the President making a wrong decision due to lack of information or lack of response time. Precedent makes clear that the President has the authority to commit armed force without the consent of the Congress. Not even the Congress's budgetary powers (which are much more firmly based than its war powers) can stop a President from deploying forces as he wills (e.g. TR's naval actions at the turn of the century). The only significant attempt to challenge this has been the enactment of the War Powers Act. The Act has never been tested in court, and every President since its adoption has declared it to be unconstitutional. Even if constitutional, the Act does not bar the President from commiting armed force. It only states that such a commitment will terminate in a fixed time unless authorized by Congress (irrelvant in this case), or may be vetoed by Congress (which is almost certainly unconstitutional, given the earlier rejection by the Court of the legislative veto). Thus it seems clear to me that only be action of two-thirds of both Houses (overriding a veto) can a Presidental decision of this nature be countermanded by Congress, and in any event would take at least 10 days to become effective. It is clear that the delegation to Congress of the power to declare war was made in the expectation that a reasonable time to debate the matter would be possible. Clearly that is not the case in the modern world. While many (including myself) may wish to see a formal amendment to the Constitution to correct this situation, the courts have historically been quite willing to "amend" the Constitution through its own decisions. Thus I am certain that no Court would uphold the validity of any law which, on its face, made it impossible to respond effectively to foreign attack. On questions concerning a more subtle form of interference by Congress, the court would either side with the President or invoke the "political question" doctrine. Indeed, I am almost certain that, if the case in question passing the standing and jurisdiction tests, the court will invoke this doctrine to dismiss it. The courts have learned, through hard experience, that it simply connot get involved in these sorts of questions, especially those involving foreign policy. The precedents are numerous, and I'll cite them on request (although many Constitutional Law casebooks have a full section on this issue alone). In short, while LOW may be bad policy, I am certain that the courts will ultimately direct that its merits be fought out in the political arena, with Congress having a very indirect role (it can refuse funds to implement the CCC needed for LOW, and can carry out policy debates), and the President ultimately having the final say. Jim ------------------------------ Date: Thu, 5 Dec 85 23:39:56 EST From: Herb Lin <LIN@MIT-MC.ARPA> Subject: Exploiting any information I am curious as to how you (J.Miller) would suggest that the American public educate themselves about issues of national security in light of classification of government materials related to national security. I don't think you would advocate blind faith in those with approved access; if not that, then what? most non-techspec data is made available in unclassified form after it has been "sanitized" so as to protect sources. Maybe you haven't heard, but the current Administration is clamping down on even unclassified information. That is a matter of public record by its own statements. Moreover, I have been told by people with high clearances that the most sensitive documents in the classification system are in fact the non-techspec documents that detail negotiating positions and the like. That's different than information on who's who in the Soviet hierarchy and the organization of the KGB and who's a Soviet agent (things that you might plausibly argue should be classified -- though except for the last, I wouldn't), but it just isn't true that the information you can get is sanitized only of sources; LOTS of other stuff gets left out too. What is not revealed may involve a higher order of detail, or of imagery resolution, or names, or places. In the presentation of such data, the data is what is important, not the publicizing of the source. But surely the source of the information is important, isn't it? Sources build up reputations for credibility. Of course, real names need not be used, only dummy names, as long as they are assigned consistently. Government spokesmen should never support a position by alluding to classified data which cannot be revealed. The proper course is to try to use declassified versions of the original data, or if not feasible, no comment. Government spokesmen should announce conclusions without disclosing reasoning or evidence (with their "no comment")? How is the public then to judge between the presence of valid but secret justification and no justification. I understand that there is a genuine dilemma in sorting out the conflicting interests of public argument in a democracy and legitimate security classifications; what those without clearances fear is that the current Administration places too much empahsis on the security side. For example, RR has eliminated the test that requires balancing these two interests. As for your quite valid point that everyone likes to equate misinformed opinion with opposite opinion, I will assume something in my examples touched upon one of your personal beliefs. Do you make such an equation when you consider the public debate, or the debate here on ARMS-D? ------------------------------ End of Arms-Discussion Digest *****************************