Sunday, January 11, 2009

Conservative views on Hillary Clinton nomination

Key Questions for Senator Hillary Clinton, Nominee for Secretary of State, by Steven Groves
Heritage, January 12, 2009WebMemo #2201

Excerpts:

On January 20, the incoming Administration will confront a multitude of international issues. The challenges facing the new secretary of state include intractable regional problems such as Iran, Pakistan, and the status of Taiwan; challenges to U.S. sovereignty posed by multilateral treaties and international organizations; and important national security issues such as NATO expansion and missile defense.

In order to determine where the next secretary of state stands on these crucial issues, the following questions should be put to the nominee during her confirmation hearing:

Question #1: American Sovereignty and International Organizations

What is your view regarding the status within the international system of the independent, sovereign state in general, and the importance of preserving and protecting American sovereignty in particular? Do you ascribe to traditional views of national sovereignty or to the theory of "global governance"?

Answer: There are two competing viewpoints regarding national sovereignty: The traditional view is that the sovereign state has been and should remain the basic operating entity within the international system[1] and that while states participate in international coalitions or organizations (such as the United Nations) in pursuit of goals that transcend their borders, those organizations are restricted to serving the goals of states, not governing them.[2] The competing view advocates "global governance," a system in which sovereignty is a passé notion in an increasingly interconnected world and where international organizations have the same, if not greater, authority to determine the policies of sovereign states. In fact, former Deputy Secretary of State Strobe Talbott once predicted that some day "nationhood as we know it will be obsolete; all states will recognize a single global authority."[3]

The United States should continue to act in concert with its allies to pursue ends of an international nature such as multilateral efforts to combat piracy on the high seas, stabilizing Afghanistan with our partners in NATO, maintaining open global markets, and interdicting banned weapons and technology through the Proliferation Security Initiative. The U.S. should not, however, cede to any nation, group of nations, or international organization the authority to bind the U.S. on matters relating to its national interests, including (but not limited to) nuclear arms,[4] humanitarian intervention,[5] "climate change,"[6] interpretation of the U.S. Constitution,[7] or any other matter that would erode American sovereignty.


Question #2: Pending and Proposed Multilateral Treaties

What are your views regarding several controversial multilateral treaties and efforts by the United Nations that, if supported or ratified by the United States, would erode American sovereignty?

Answer: The "international community," usually acting through the U.N. system, often seeks to influence U.S. foreign policy and constrain American power by enmeshing the U.S. in multilateral conventions such as the U.N. Convention on the Law of the Sea and the proposed U.N. Arms Trade Treaty. Similarly, international organizations and U.N. treaty committees often seek to impose upon America their collective views on controversial and personal matters such as the care and education of children, the death penalty, abortion rights, gun control, and any number of issues traditionally left to Congress, the President, and the American people.

Efforts by international organizations to shape U.S. domestic policy should be opposed, including attempts to modify U.S. law regarding the rights of women and children,[8] the criminal justice system,[9] free speech,[10] and other matters traditionally determined by domestic democratic processes. Moreover, the U.S. must reject attempts by the international community that would limit its options to navigate the high seas and explore the deep seabed,[11] as well as its ability to arm resistance movements against tyrannical regimes.


Question #3: Afghanistan and Pakistan

How will you deal with the threat from a resurgent Taliban that is undermining coalition efforts in Afghanistan and destabilizing parts of northwest Pakistan? How will you martial U.S. diplomatic resources and assistance programs to build up Afghan institutions and convince the Pakistani leadership to stiffen its resolve against the Taliban and other violent extremist groups finding refuge within its borders?

Answer:Sending new U.S. troops to Afghanistan is a welcome step that signals continuing U.S. commitment to the region. However, Washington must also convince its NATO allies to pull their weight in overcoming the terrorist challenge in Afghanistan, which threatens all civilized nations.[12]The U.S. also needs to be cautious in attempting to engage with Taliban elements. Political reconciliation is indeed necessary to stabilize Afghanistan and Pakistan's tribal border areas. But Washington must avoid making statements that could embolden the Taliban leadership and dishearten the Afghan population, who do not support Taliban policies but are intimidated by their violent tactics. While the idea of peeling off lower-level Taliban who are not ideologically committed to the cause may be worthwhile, the U.S. should not overestimate the willingness of senior Taliban leaders to break ranks with their al-Qaeda allies.[13]

The U.S. should also better integrate its strategy toward Afghanistan and Pakistan, focusing more attention on regional diplomacy and building bridges between the two nations.[14]It is essential that Pakistan and Afghanistan work together to combat terrorism, which constitutes an existential threat to both their countries. Washington needs to recalibrate its relationship with Pakistan in a way that draws the country back from the brink of political and financial collapse and convinces the military establishment that Pakistan's national security interests are no longer served by supporting extremists, whether they operate in Afghanistan or India.[15] This should be done through both a calibrated carrot-and-stick policy that targets the military's interests and through increased regional diplomacy.

The Obama Administration, however, should avoid falling into the trap of trying to "resolve" Kashmir. Any effort to inject a direct U.S. role in the Indo-Pakistani bilateral peace process risks encouraging both Pakistani adventurism and unrealistic expectations for a settlement in its favor.[16] Moreover, the Indians would be unreceptive to attempts at direct U.S. mediation and would assume that Washington is reverting back to policies that view India only through the South Asia lens, rather than as the emerging global power it has become.


Question #4: A Nuclear Iran

What is your view on how the United States can best take action to halt Iran's nuclear weapons program?

Answer: The U.S. should mobilize an international coalition to significantly boost the diplomatic, economic, domestic political, and potential military costs to Tehran of continuing on its present path toward acquisition of nuclear weapons. This coalition should seek to isolate Iran's radical theocratic regime, weaken it through targeted economic sanctions, explain to the Iranian people why their government's nuclear policies will impose growing economic costs and military risks on them, cooperate to contain and deter Iran's military power, encourage democratic change within Iran, and prepare for the use of military force as a last resort.[17]

Unfortunately, the U.N. Security Council is a diplomatic dead end whose actions will likely continue to be insufficient to stop Iran's drive for nuclear weapons.[18] Past U.S. and European efforts to ratchet up sanctions against Iran in the council have been blocked by Russia and China, which have lucrative trade relationships with, and strategic ties to, Tehran. Britain, Germany, and France have entered a diplomatic dialogue with Tehran to dissuade it from continuing its nuclear program by offering substantial economic and political incentives. But diplomatic carrots alone will not work because for Tehran, attaining a nuclear weapon is the biggest carrot of all.

Therefore, tougher disincentives for Iran's suspected nuclear efforts are needed. When Tehran perceives the costs of a continued nuclear program to be very high, as it did after the overthrow of regimes in Iraq and Afghanistan, it will be more likely to make concessions and freeze its uranium enrichment program. The Obama Administration should press its European allies--particularly Germany, which is Iran's biggest trading partner--to increase economic sanctions outside the U.N. framework.[19] To give diplomacy a chance, the U.S. and its allies must credibly threaten to impose rising costs on Tehran, particularly in ways that endanger the regime's highest priority--its hold on power.


Question #5: The Visa Waiver Program

Please describe your views regarding the Visa Waiver Program's role in America's overall public diplomacy strategy, including ongoing efforts to strengthen the program. What opportunities and challenges do you see to its continuance in the next Administration?

[...]


Question #6: China and Taiwan

While you are secretary of state, will the Administration reaffirm that Taiwan's status remains unsettled and that the U.S. therefore does not accept the sovereign right of any third country to use force of any kind against Taiwan?

Answer: While current U.S. relations with China make it impossible to declare that Taiwan is a state, nothing can justify the assertion that Taiwan is not a state. Under the 1933 Montevideo Convention, Taiwan possesses all the attributes of a state, and under any interpretation the U.S. tacitly accepts that Taiwan functions in the international community as a sovereign state. All treaties in force between the U.S. and Taiwan prior to January 1, 1979, remain in force, and the U.S. continues to conduct defense and security affairs, including arms sales, with Taiwan as an entity wholly autonomous from the People's Republic of China.[30]

The U.S. must reaffirm that Taiwan's future rests on the assent of the Taiwanese people. While current U.S. diplomatic formulas include assertions that the Taiwan issue is a matter for "the Chinese people on both sides of the Taiwan Strait" to resolve, the context of such positions must be clarified. As President Ronald Reagan pledged, the U.S. "will not ... prejudice the free choice of, or put pressure on, the people of Taiwan" about their future. As a reflection of America's democratic values, the U.S. must give preferential weight to the people of Taiwan in determining their own future.[31]


Question #7: Missile Defense

The NATO Alliance recently recognized in its Bucharest communiqué "the substantial contribution to the protection of Allies from long-range ballistic missiles to be provided by the planned deployment of European-based United States missile defence assets." Will you stand with our NATO allies and reaffirm the importance of missile defense?

Answer: At NATO's April 2008 Bucharest Summit, NATO leaders endorsed U.S. plans to install 10 long-range, ground-based missile defense interceptors in Poland and a mid-course radar in the Czech Republic--the "third site."[32] At NATO's December 2008 foreign ministerial summit in Brussels, all 26 members of the alliance re-endorsed the third site deployment. These endorsements represent a major success both for American diplomacy and transatlantic security.[33] If the United States abandons its Central and Eastern European allies as well as its obligations to NATO, it will not only make itself vulnerable to rogue nations and non-state actors seeking ballistic missile capabilities, but it will also reduce America's influence within the transatlantic alliance.

The threat of ballistic missile attack has grown exponentially, with 27 nations now possessing such capabilities, nearly double that of 15 years ago.[34] It is incumbent upon the United States to consider these growing threats seriously by taking steps to protect itself, its forward-deployed troops, and its friends and allies. As a purely defensive capability, U.S. missile defense plans for Europe will also act as a deterrent to bad actors from acquiring ballistic missiles and weapons of mass destruction in the first place.

It is further incumbent upon the United States to stand by its existing commitments to Warsaw and Prague, as well as to the NATO alliance as a whole. Mr. Obama should begin his presidency by reaffirming the Bucharest communiqué, as well as his vow to rebuild a strong NATO.


Question #8: NATO Expansion

Do you support President-elect Barack Obama's statement that "Ukraine and Georgia ... have declared their readiness to advance a NATO Membership Action Plan. ... They should receive our help and encouragement as they continue to develop ties to Atlantic and European institutions"?[35]

[...]


Question #9: Public Diplomacy

How do you intend to improve the effectiveness of the United States's public diplomacy and strategic communication, and would you support the creation of a new government agency to take the lead on these issues?

[...]


Question #10: Durban II and the U.N. Human Rights Council

In its first few months, the Obama Administration will decide whether to change existing U.S. policy to attend the Durban Review Conference (Durban II) and fully participate in the United Nations Human Rights Council by seeking a seat in the upcoming May election. Would you recommend that the President continue current policy or reverse it?

[...]


[References can be seen at the original link]

Steven Groves is Bernard and Barbara Lomas Fellow in the Margaret Thatcher Center for Freedom, a division of the Kathryn and Shelby Cullom Davis Institute for International Studies, at The Heritage Foundation. The following Heritage Foundation analysts contributed to this report: Daniella Markheim, Lisa Curtis, James Phillips, Jena Baker McNeill, James Dean, John J. Tkacik, Jr., Sally McNamara, Helle C. Dale, Baker Spring, and Brett D. Schaefer.

5 comments:

  1. Questions for Mrs. Clinton
    TNYT, January 12, 2009

    Senator Hillary Rodham Clinton, President-elect Barack Obama’s nominee for secretary of state, appears today before the Senate Foreign Relations Committee. The Op-Ed page asked 10 experts to pose the questions they would like to hear Senator Clinton answer.

    See questions here:
    http://www.nytimes.com/2009/01/13/opinion/13questions.html

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  2. The Clinton Business. WSJ Editorial, Jan 13, 2009
    Bill out-negotiated Barack on financial disclosure.

    http://online.wsj.com/article/SB123180707523975597.html

    These columns have long believed that a President deserves the cabinet members he wants, barring some major dereliction. So if Barack Obama wants to make Hillary and Bill Clinton part of his governing team, that's his business. We can only hope he understands the Clinton family business he's taking on.

    APTake Mr. Clinton's post-Presidential fund-raising, the scope of which he finally disclosed in late December after years of refusing and under pressure from the Obama transition. Amid the holidays and economic news, this window on the Clinton political method has received less attention than it deserves. Here is the spectacle of a former President circling the globe to raise at least $492 million over 10 years for his foundation -- much of it from assorted rogues, dictators and favor-seekers. We are supposed to believe that none of this -- and none of his future fund-raising -- will have any influence on Mrs. Clinton's conduct as Secretary of State.

    The silence over this is itself remarkable. When Henry Kissinger was invited merely to co-chair the 9/11 Commission, the political left went bonkers about his foreign clients. In this case we have a Secretary of State nominee whose husband may have raised more than $60 million from various Middle East grandees, and Washington reacts with a yawn. Maybe someone will even ask about it at her nomination hearing today.

    A Senator should ask, because this has the potential to complicate life for the new President. All the more so because under terms of his agreement with Mr. Obama, Mr. Clinton will be able to keep raising foreign cash as long as the donors send the checks to a Clinton entity other than the "Clinton Global Initiative." Instead of being immediately disclosed, future donations will only be made public once a year and the exact amounts and dates of previous donations will never be made public.

    While Mr. Clinton will submit some donations from foreign governments to Administration scrutiny, he need only do so if the donations are new or are of a significantly larger magnitude from a previous donation. In other words, the Kingdom of Saudi Arabia and the Sultanate of Oman can keep giving millions without U.S. government review even while Mrs. Clinton is America's chief diplomat. These disclosure limitations suggest that the Clintons seriously out-negotiated Team Obama. We hope the President-elect does better with Iran.

    As for potential embarrassment, consider the "up to $5 million" in donations to the Clinton foundation from Gilbert Chagoury, known for his ties to Nigeria's former military dictator, General Sani Abacha. The Journal's John Emshwiller recently noted that unfortunately for Mr. Chagoury, after Abacha died in 1998, "Swiss and other European authorities froze a number of bank accounts, including some related to Mr. Chagoury, as part of an investigation by the Nigerian government and others about whether billions of dollars had been improperly taken out of the country during the Abacha regime, according to news reports and a 2001 British court decision in Abacha-related litigation. Mr. Chagoury later agreed to return funds, estimated to be as much as $300 million, to the Nigerian government in exchange for indemnity from possible charges and to unfreeze his accounts, according to the British court decision."

    Another notable donor -- also up to $5 million -- is Viktor Pinchuk, son-in-law of former Ukraine president Leonid Kuchma. Mr. Pinchuk was mentioned in a 2005 Journal story headlined, "Haunted By Suspect Deals Of Old Regime." Suspect indeed. The "privatization" of the country's largest steel plant in a sale to a group including Mr. Pinchuk was later overturned after the country held a democratic election.

    And only this month, the New York Times reported that New York developer Robert Congel gave $100,000 to the Clinton foundation in November, 2004, one month after the enactment of a law that gave Mr. Congel access to tax-exempt "green bonds" to build a shopping mall in Syracuse. Mrs. Clinton had supported the law, and within a year of the donation she secured $5 million in taxpayer funds for the complex.

    It'd be nice to think Mr. Clinton would forswear this money-hustle while his wife is Secretary of State, but that self-sacrifice would belie his entire career. As for Mrs. Clinton, note the scrutiny that Eric Holder, Mr. Obama's Attorney General nominee, is coming under for his role in aiding pardons for 16 unrepentant Puerto Rican terrorists in 1999. But keep in mind the timing of those pardons was intended to help Mrs. Clinton win Puerto Rican support in her 2000 Senate campaign. Someone should ask her at today's hearing about the role she played in that pardon.

    In signing up the Clintons -- always two for the price of one -- Mr. Obama is no doubt hoping to unite his party and mute Democratic criticism when mistakes happen. He is also hiring someone whose prominence and allies make her impossible to fire, even as she and her husband have a history of cutting ethical corners. Good luck.

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  3. The Senate's Advice. Washington Post Editorial
    If she accepted it, Hillary Clinton would find it easier to manage questions about her husband's foreign fundraising.

    http://www.washingtonpost.com/wp-dyn/content/article/2009/01/13/AR2009011302567.html

    WaPo, Wednesday, January 14, 2009; A16

    AT THE outset of the Senate Foreign Relations Committee's otherwise gentle and uninformative confirmation hearing for Secretary of State-designate Hillary Rodham Clinton yesterday, Republican Sen. Richard G. Lugar (Ind.) clearly spelled out the problem presented by foreign contributions to Bill Clinton's foundation. "The Clinton Foundation," he said, "exists as a temptation for any foreign entity or government that believes it could curry favor through a donation. It also sets up potential perception problems with any action taken by the secretary of state in relation to foreign givers or their countries."

    "Every new foreign donation that is accepted by the foundation comes with the risk that it will be connected in the global media to a proximate State Department policy or decision," Mr. Lugar added. "Foreign perceptions are incredibly important to U.S. foreign policy, and mistaken impressions or suspicions can deeply affect the actions of foreign governments toward the United States." The senator concluded that "the only certain way to eliminate this risk" is for the Clinton Foundation to refuse new foreign donations while Ms. Clinton is secretary of state.

    Mr. Lugar was only stating the obvious. The Clinton Foundation, which has pursued such worthy projects as combating HIV/AIDS and climate change, has collected millions in donations from Saudi Arabia and other Persian Gulf governments, as well as from prominent supporters of Israel, Indian industrialists and the Blackwater security firm -- to name just a few of the potentially sensitive cases. Questions continue to arise about apparent conflicts between Ms. Clinton's actions as a senator and the foundation's fundraising: The Associated Press reported yesterday that Ms. Clinton intervened at least six times in government issues directly affecting firms or individuals tied to contributions to her husband's foundation.

    Yet senators mostly shied away yesterday from probing this obvious minefield -- or, in the case of several Democrats, endorsed the loophole-ridden disclosure agreement the Clintons negotiated with President-elect Barack Obama. Ms. Clinton said nothing about the issue in her opening statement. When she was pressed for more disclosure by Sen. David Vitter (R-La.), she stonewalled: "All the answers are in the record," and "there is no intention to amend" the memorandum negotiated with Mr. Obama.

    To his credit, Mr. Lugar released a list of improvements that former president Clinton could make to the disclosure agreement. These are eminently sensible: For example, instead of disclosing new foreign contributions only once a year, the foundation would immediately report all gifts of $50,000 or more, and all such donations from foreigners at the time they are pledged. Also, a State Department ethics review would cover all donations above $50,000 from foreign sources -- and not just foreign governments. Ms. Clinton would be doing herself, and Mr. Obama, a favor by pressing her husband to accept greater disclosure or, better yet, to suspend foreign fundraising. Otherwise, the questions raised by senators yesterday will haunt her, and her president, throughout their tenure.

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  4. More Than a Good Feeling. By Christopher Hitchens

    Why are so many oligarchs, royal families, and special-interest groups giving money to the Clinton Foundation?

    Slate, Monday, Jan 12, 2009, at 12:27 PM ET
    http://www.slate.com/id/2208425/

    Here is a thought experiment that does not take very much thought. Picture, if you will, Hillary Clinton facing a foreign-policy conundrum. With whom will she discuss it first and most intently: with her president or her husband? (I did tell you that this wouldn't be difficult.) Here's another one: Will she be swayed in her foreign-policy decisions by electoral considerations focusing on the year 2012, and, if so, will she be swayed by President Barack Obama's interests or her own?

    The next question, and I must apologize in advance for once again making it an un-strenuous one, is: Who else will be approaching Bill Clinton for advice, counsel, and "input" on foreign affairs? It appears from the donor list of the Clinton Foundation that there is barely an oligarch, royal family, or special-interest group anywhere in the world that does not know how to get the former president's attention. Just in the days since the foundation agreed to some disclosure of its previously "confidential" clients—in other words, since this became a condition for Sen. Clinton's nomination to become secretary of state—we have additionally found former President Clinton in warm relationships with one very questionable businessman in Malaysia and with another, this time in Nigeria, who used to have close connections with that country's ultracorrupt military dictatorship.

    The Nigerian example is an especially instructive one. Gilbert Chagoury is a major figure in land and construction in that country and has contributed between $1 million and $5 million to the Clinton Foundation as well as arranged a huge speaking fee for President Clinton at a Caribbean event and kicked in a large sum to his 1996 re-election campaign. In return for this, he has been received at the Clinton White House and more recently at Clinton-sponsored social events in New York and Paris. This may have helped to alleviate the sting of Chagoury's difficulties in Nigeria itself. As a close friend of the country's uniformed despot Gen. Sani Abacha, he benefited from some extremely profitable business arrangements during the years of dictatorship but was later compelled, after an investigation of his transactions, to return an estimated $300 million to the Nigerian treasury in exchange for a plea-bargaining arrangement by which his bank accounts could be unfrozen.

    Aha, you say, there's no evidence of any quid pro quo here. (Or, in other words, Chagoury gives a fortune to Clinton because he, too, wants to "fight AIDS.") Of course, this may only be seed money for a later "quid" or even "quo" that hasn't yet materialized. And if Chagoury or anyone else had ever received the impression that the Clintons would play for pay, it's easy to see how he got the idea. (See my Nov. 24, 2008, Slate column on the investigations of the Clinton campaign-finance scandals and the shenanigans surrounding the Marc Rich pardon.)

    But does a contribution to Bill Clinton's foundation get you any traction with Sen. Clinton, at least in her political and official capacity? Let's see. A recent story in the New York Times managed to begin with some very crisp and clear and fact-based paragraphs:

    An upstate New York developer donated $100,000 to former President Bill Clinton's foundation in November 2004, around the same time that Senator Hillary Rodham Clinton helped secure millions of dollars in federal assistance for the businessman's mall project.

    Mrs. Clinton helped enact legislation allowing the developer, Robert J. Congel, to use tax-exempt bonds to help finance the construction of the Destiny USA entertainment and shopping complex, an expansion of the Carousel Center in Syracuse.

    Mrs. Clinton also helped secure a provision in a highway bill that set aside $5 million for Destiny USA roadway construction.

    Why should anyone doubt, then, that in small matters as well as in large ones, the old slogan from the 1992 election still holds true? As Bill so touchingly put it that year, if you voted for him, you got "two for one." What the country—and the world—has since learned is a slight variation on that, which I would crudely phrase as "buy one, get one free."

    The deal struck by the wide-eyed incoming Obama administration is that the list of donors to the Clinton Foundation will be reviewed once every year and that only the new donations from foreign states—which already include an extraordinarily large number from Gulf sheikdoms—will be scrutinized by administration lawyers. How would we react if we read that this was the rule for the Vladimir Putin government, say, or former Chancellor Gerhard Schröder's regime in Germany? Before me, for example, is the report of a pledge of $100 million to the Clinton Foundation's Clinton Giustra Sustainable Growth Initiative by a set of companies based in Vancouver and known as the Lundin Group. The ostensible purpose of this mind-boggling contribution is stated in the usual vacuous terms of "sustainable local economies," chiefly in Africa. All I know for sure about the Lundin Group is that it does quite a lot of business in Sudan. And all I can think to ask—as perhaps some senator might think to ask—is why such a big corporate interest doesn't just donate the money directly, rather than distributing it through the offices of an outfit run by a seasoned ex-presidential influence-peddler. What do they and the other donors suppose they are getting for their money? A good feeling?

    That was another no-brainer question I just asked. So let me stop insulting you, dear reader, and pose a question to which we do not have any obvious answer. Why is Sen. Clinton, the spouse of the great influence-peddler, being nominated in the first place? In exchange for giving the painful impression that our State Department will be an attractive destination for lobbyists and donors, what exactly are we getting? George Marshall? Dean Acheson? Even Madeleine Albright? No, we are getting a notoriously ambitious woman who made a fool of herself over Bosnia, at the time and during the recent campaign, and who otherwise has no command of foreign affairs except what she's picked up second-hand from an impeached ex-president, a disbarred lawyer, and a renter of the Lincoln Bedroom. If the Senate waves this through, it will have reinforced its recent image as the rubber-stamp chamber of a bankrupt banana republic. Not an especially good start to the brave new era.

    Christopher Hitchens is a columnist for Vanity Fair and the Roger S. Mertz media fellow at the Hoover Institution in Stanford, Calif.

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  5. Questions of Justice. Several Contributors.
    TNYT, January 15, 2009, page A35

    http://www.nytimes.com/2009/01/15/opinion/15questions.html

    Eric Holder, President-elect Barack Obama’s nominee for attorney general, is scheduled to appear today at a confirmation hearing before the Senate Judiciary Committee. The Op-Ed page asked five legal experts to pose the questions they would like to hear the nominee answer.

    1. Do you believe the president has authorities under the Constitution’s executive power and commander in chief clauses on which Congress cannot impinge? What are they?

    2. Will you give legal approval to covert counterterrorism actions that you believe are lawful but which you know will engender legal and political controversy if made public? What factors other than your best legal judgment will you consider?

    3. Attorney General Michael Mukasey has suggested that the threat of criminal investigations is impairing the ability of the intelligence community to make good-faith decisions about how best to protect the country. How much does this worry you and what, if anything, will you do about it?

    — JACK L. GOLDSMITH, a Harvard law professor, the author of “The Terror Presidency,” and an assistant attorney general from 2003 to 2004

    1. What will you do when liberals, over Mr. Obama’s objections, encourage Congress, the courts and the Justice Department to pursue investigations and prosecutions concerning the Bush administration’s surveillance and interrogation policies?

    2. Will your representation of Chiquita and other corporations accused of wrongdoing make you less enthusiastic about prosecuting the corporate architects of the financial meltdown?

    3. You’ve said that, in hindsight, you wish you had ensured that the Department of Justice was more fully informed and involved in President Bill Clinton’s decision to pardon Marc Rich. Do you now think that the pardon was wrong? Or do you think you’ve been unfairly attacked for helping Mr. Rich, Puerto Rican nationalists and some of your corporate clients?

    4. Do you agree with Mr. Obama’s implication that the Supreme Court needs someone who will side with the powerless rather than the powerful? What if the best nominee happens to be a white male?

    — JEFFREY ROSEN, a law professor at George Washington University and the legal affairs editor of The New Republic

    1. Given that government interrogators believed they were acting under color of law when they used waterboarding and other harsh techniques when dealing with terrorism suspects, is it appropriate to consider charging them with crimes?

    2. Does the president have the power to detain terrorism suspects without trial in the United States? If so, for how long?

    3. Some prisoners at Guantánamo Bay have been determined by the government to not be dangerous, but other countries are reluctant to take them. Should they be made American residents?

    4. What do we owe foreigners convicted in American courts after violation of their rights under international treaties?

    — NOAH FELDMAN, a Harvard law professor and fellow at the Council on Foreign Relations

    1. What may American military and law enforcement do to extract information from terrorists, especially in a “ticking time-bomb” case?

    2. Do you believe law-abiding Americans have an individual constitutional right to keep firearms for self-defense?

    3. Some say the war on drugs causes more violence than it prevents. An attorney general must exercise prosecutorial discretion about which laws the Justice Department should focus on enforcing. What do you think is the best way to decrease violence related to drugs and the war on drugs?

    — EUGENE VOLOKH, a professor of law at the University of California, Los Angeles, and the founder of the Volokh Conspiracy blog

    1. Mr. Obama has said that he wants to build American capacity and partnerships to capture or kill terrorists around the world. What role, if any, do you see for traditional military detention for future prisoners and for some of the detainees held at Guantánamo?

    2. If there is a decision to try some detainees in traditional courts-martial, do you think any of the military rules of evidence or rules for courts-martial would need to be modified under the doctrine of impracticability? If so, which ones?

    — CHARLES STIMSON, the deputy assistant secretary of defense for detainee affairs from 2006 to 2007 and a senior legal fellow at the Heritage Foundation

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