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A Harriet Miers moment (Gaffney on UAE Port Deal)
Townhall.com ^ | 2-20-2006 | Frank Gaffney, Jr

Posted on 02/20/2006 3:14:17 PM PST by Stellar Dendrite

The federal bureaucracy has made a strategic mistake that threatens to cost the President dearly. The question is not whether the ill-advised decision taken last week by the secretive Committee on Foreign Investment in the United States (known by its acronym, CFIUS, pronounced syphius) will be undone. Rather, the question is: By whom -- and at what political cost to Mr. Bush?

In the latest of a series of approvals of questionable foreign takeovers of American interests, CFIUS has given the green light to a company owned by the United Arab Emirates (UAE) to acquire contracts to manage port facilities in New York, Newark, Philadelphia, Baltimore, Miami and New Orleans. The company, Dubai Ports World, would do so by purchasing a British concern, Peninsula and Oriental Steam Navigation Company (“P and O”).

Experts have long identified America’s sea ports as weak links in the chain of our homeland security. With their proximity to major U.S. population centers, expensive infrastructure vital to the regional and, in many cases, national economy and their throughput of large quantities of poorly monitored cargo, they are prime targets for terror.

As a result, a case can be made that it is a mistake to have foreign entities responsible for any aspect of such ports, including the management of their docks, stevedore operations and terminals. After all, that duty affords abundant opportunities to insinuate personnel and/or shipping containers that can pose a threat to this country. Even though the company in question may not be directly responsible for port security, at least some of their employees have to be read in on the relevant plans, potentially compromising the latter irreparably.

At least the previous foreign contractors were from Britain, a country that was on our side before September 11, 2001. The same cannot be said of the United Arab Emirates, whose territory was used for most of the planning and financing of the 9/11 attacks. While the UAE’s government is currently depicted as a friend and ally in the so-called war on terror, its country remains awash with Islamofascist recruiters and adherents – people all too willing to exploit any new opportunity to do us harm.

Since a column raising an alarm about CFIUS’ decision appeared in this space last week, three new factors have come to light that compound the strategic folly of the UAE deal:

O First, in addition to the six affected ports mentioned above, two others would also have part of their operations managed by DP World – on behalf of none other than the U.S. Army. Under a newly extended contract, the owner of P and O will manage the movement of heavy armor, helicopters and other military materiel through the Texas seaports of Beaumont and Corpus Christie. How much would our enemies like to be able to sabotage such shipments?

O Second, while advocates of the stealthy CFIUS decision-making process point to the involvement of the Defense Department in its DP World decision, it is unclear at what level this bizarre proposition was reviewed in the Pentagon. Many top jobs remain unfilled by presidential appointees. Past experience suggests the job may have fallen to lower-level career bureaucrats who give priority to maintaining good relations with their foreign “clients,” like the UAE.

O Then, there is the matter of financing the DP World takeover of Peninsula and Oriental. The UAE evidently intends to raise nearly all of the $6.8 billion price for P and O on international capital markets. It must be asked: Who will the foreign investors be, and might they have malign intentions towards the U.S.? If American sources of capital are being sought, will the possible danger this transaction may create for this country be properly disclosed? For that matter, will the underwriters, Barclays and Deutchebank, reveal to prospective funders the real risk that the deal will ultimately fall through?

In fact, that seems virtually certain now that talk radio, the blogosphere and the public have become aware of – and white hot about – this transaction. Members of Congress on both sides of the aisle and of Capitol Hill have made known their determination to prevent the transfer of control of U.S. ports to the UAE. In particular, Democrats like Hillary Clinton and Charles Schumer have been quick to seize on this issue as an opportunity to burnish their national security credentials at the expense of President Bush and his party.

So, the question recurs: How long will it take before Mr. Bush cuts his losses? This could be accomplished in one of three ways: He could reverse the decision himself (perhaps by directing CFIUS to reconsider its initial recommendation). He could encourage and sign into law legislation barring foreign ownership or management of U.S. port facilities (akin to the rules governing other critical infrastructure). Or he could quietly encourage the UAE to do as Communist China did last year with respect to the Unocal purchase – withdraw the offer itself, sparing the country in question (and its friends here) the embarrassment of having its behavior carefully scrutinized and its offer spurned in a high-profile way.

Call it a Harriet Meirs moment. Politics being the art of the possible, it is time to recognize that the Dubai Ports World deal is neither strategically sensible nor politically doable. It is time to pull the plug, and to reform the secretive interagency CFIUS process that allowed this fiasco in the first place.


TOPICS: Editorial; Politics/Elections
KEYWORDS: cfius; frankgaffney; gaffney; ports; uae
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To: DJ MacWoW
P&O shareholders back Dubai ports bid
41 posted on 02/20/2006 4:01:05 PM PST by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: DJ MacWoW
One thing he can't do is beat you at it. At least HE was appointed by Reagan as Asst Sec of Defense for International Security Policy in '87

Yeah so? Reagan also appointed Sandra Day O'Connor and nutballs paul craig roberts and pat buchanan.

42 posted on 02/20/2006 4:03:08 PM PST by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: NCLaw441
We have not been hit since 9-11 for a reason, actually for many reasons.

Not clear. There was no major terrorist attack attempt between 1995 (when a potential operation to blow up the bridges into NYT was thwarted) and the Y2K attacks (also thwarted). I wouldn't have called WJC a hero over that...And our allies (England and Spain) were attacked - easier for the terrorists to reach.

I don't disagree that this is a poorly made decision on the ports, although it is probably more politically poor than substantively so.

It's justifiably both..

43 posted on 02/20/2006 4:05:10 PM PST by ziggygrey
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To: Dane; mystery-ak

Bush would have to approve the transfer of P&O's contracts to administer the six ports. He doesn't have to do it, and I hope he does not do it.


44 posted on 02/20/2006 4:06:27 PM PST by CobaltBlue (Extremism in the defense of liberty is no vice. Moderation in the pursuit of justice is no virtue.)
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To: Dog
Someone in the White House is politically tone deaf it seems.

Your words echo exactly what Sen. Graham said yesterday on Fox News.

"It's unbelievably tone deaf politically at this point in our history," Sen. Lindsay Graham, R-S.C., said on "FOX News Sunday."

"Most Americans are scratching their heads, wondering why this company from this region now."

45 posted on 02/20/2006 4:06:52 PM PST by Cagey ("Soldiers, keep by your officers. For God's sake, keep by your officers!")
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To: Dane

They can't take over unless it's ok'd by the US. period. P&O can sell anything they like but we have to ok it. Those "in the know" say it's not a done deal. Most conservative pundits are saying it's not going anywhere and will be stopped. British shareholders have NO say in US security.


46 posted on 02/20/2006 4:07:33 PM PST by DJ MacWoW (If you think you know what's coming next....You don't know Jack.)
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To: Dane
Not a done deal.

From their own website:

13 Febuary 2006 DP World to acquire P&O We are delighted to announce that the shareholders of P&O have approved the sale of shares to DP World. At an EGM held in London this afternoon, the shareholders voted over 99% in favour of the DP World acquisition. This means that the process of transferring ownership can now begin, and we expect for this to be confirmed by the court on 2nd March 2006.

47 posted on 02/20/2006 4:08:10 PM PST by debg
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To: Dane
Yeah so?

I think he has a little more experience in this kind of thing.

Reagan also appointed Sandra Day O'Connor and nutballs paul craig roberts and pat buchanan.

If we were discussing Reagan, that might have validity.

We're talking inside knowledge.

48 posted on 02/20/2006 4:09:32 PM PST by DJ MacWoW (If you think you know what's coming next....You don't know Jack.)
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To: Stellar Dendrite

IMHO by nominating Meiers, Bush forced the Judicial Committee Republicans to fight for someone like Alito - "put up or shut up" type gambit. Worked? Well...did it?

On the UAE Port Security deal...has anyone else noticed that this is the first time since 9/11 that Congress has been united on anything???

Bush is not the President of Republicans or conservatives - he is the President of the United States of America. As such, it is partly his responsibility to get Congress working together to pass legislation. This was not proposed by Bush nor did he ever defend it. I don't believe he ever intended to have this deal consumated. He has essentially managed to finaly unite conservatives and liberals on the subject of National Security. Can anyone say "brilliant"?


49 posted on 02/20/2006 4:09:58 PM PST by eurocon (People demand freedom of speech as a compensation for the freedom of thought which they seldom use.)
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To: Reagan Man
Again with the name-calling.

This seems to me to be a bureaucratic error complicated by the congressionally-mandated procedures of the committee who reviewed this.

I imagine Gaffney is right with his third choice, and Dubai will find a reason to withdraw the offer.

50 posted on 02/20/2006 4:11:46 PM PST by Miss Marple (Lord, please look after Mozart Lover's son and keep him strong.)
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To: F16Fighter
Call it a Harriet Meirs moment. Politics being the art of the possible, it is time to recognize that the Dubai Ports World deal is neither strategically sensible nor politically doable. It is time to pull the plug, and to reform the secretive interagency CFIUS process that allowed this fiasco in the first place.

Yoo hoo! Ovah heah!

51 posted on 02/20/2006 4:12:53 PM PST by arasina (So there.)
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To: eurocon
nor did he ever defend it

White House Defends Port Sale to Arab Co.

The Bush administration on Thursday rebuffed criticism about potential security risks of a $6.8 billion sale that gives a company in the United Arab Emirates control over significant operations at six major American ports.

52 posted on 02/20/2006 4:15:19 PM PST by DJ MacWoW (If you think you know what's coming next....You don't know Jack.)
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To: SwinneySwitch; Stellar Dendrite; MNJohnnie; bray
We were called sexist elitists on Harriet Miers, wonder what names we'll be called for opposing this one?

Where are the usual bushbots to tell us what a great idea it is to entrust our ports to a country where the average guy even if not al-Qaeda, respects and admires it ?

53 posted on 02/20/2006 4:15:23 PM PST by Sam the Sham (A conservative party tough on illegal immigration could carry California in 2008)
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To: CobaltBlue; Dane

That is what Major Garrett was reporting on Brit Hume's show tonight...that Bush hasn't even okayed this yet..


54 posted on 02/20/2006 4:15:34 PM PST by mystery-ak (Army Wife and Mother.....toughest job in the military)
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To: DJ MacWoW

I agree with you on the border issue, but I also acknowledge there are differences of opinion. I also don't discount that Bush is reeling in the libs on this, getting them to commit to border closing, then calling them on it-- that's my hope, anyway.


55 posted on 02/20/2006 4:17:01 PM PST by NCLaw441
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To: DJ MacWoW
They can't take over unless it's ok'd by the US. period. P&O can sell anything they like but we have to ok it. Those "in the know" say it's not a done deal. Most conservative pundits are saying it's not going anywhere and will be stopped. British shareholders have NO say in US security.

Uh the point still stands DPWorld now legitmately owns P&O's assets and if they are not allowed to operate they can sell or strip the assets and infrastructure and have a perfect legal right to while putting many Americans out of work.

56 posted on 02/20/2006 4:17:10 PM PST by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: Dane; Stellar Dendrite
Huh how come he doesn't have a solution to that. is he suggesting a huge new beauracracy where the unions can dive in for even more graft.

You are more afraid of a union than al-Qaeda ? Are you such an open borders, free trade at all costs idiot that you can't comprehend that this could cost us a whole lot more than money ?

57 posted on 02/20/2006 4:18:15 PM PST by Sam the Sham (A conservative party tough on illegal immigration could carry California in 2008)
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To: DJ MacWoW

If Mr. Gaffney had any credibility on this issue, he wouldn't have waited until February 20th of 2006 to write an article expressing his "concerns" about a corporate acquisition that was originally announced in October or November of 2005.


58 posted on 02/20/2006 4:18:30 PM PST by Alberta's Child (Leave a message with the rain . . . you can find me where the wind blows.)
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To: Dane
Uh the point still stands DPWorld now legitmately owns P&O's assets

Ignoring post 47?

59 posted on 02/20/2006 4:19:43 PM PST by DJ MacWoW (If you think you know what's coming next....You don't know Jack.)
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To: Lexington Green

I hope you know that Bush wasn't even told about this.

The panel has to reject it for bush to get involved.

Bush has no role under the law in this.


60 posted on 02/20/2006 4:21:05 PM PST by johnmecainrino
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