WHOA! The documents and interviews provide the most detailed picture yet of an obscure funding authority that allows American commandos to conduct counterterrorism operations “by, with, and through” foreign and irregular partner forces around the world. . Experts told The Intercept that use of the little-known authority raises grave accountability and oversight concerns and potentially violates the U.S. Constitution. . .
Those programs include an authority, known as Section 1202, that first appeared in the 2018 National Defense Authorization Act and provides “support to foreign forces, irregular forces, groups, or individuals” that are taking part in irregular warfare and are explicitly focused on so-called near-peer competitors. Congress has also authorized the secretary of defense to “expend up to $15,000,000 in any fiscal year for clandestine activities for any purpose the Secretary determines to be proper for preparation of the environment for operations of a confidential nature” under 10 USC § 127f, or “127 foxtrot.” Section 1057 authority similarly allows for intelligence and counterintelligence activities in response to threats of a “confidential, extraordinary, or emergency nature.”
How the Pentagon Uses a Secretive Program to Wage Proxy Wars
Exclusive documents and interviews reveal the sweeping scope of classified 127e operations.
"Small teams of U.S. Special Operations forces are involved in a low-profile proxy war program on a far greater scale than previously known, according to exclusive documents and interviews with more than a dozen current and former government officials.
While The Intercept and other outlets have previously reported on the Pentagon’s use of the secretive 127e authority in multiple African countries, a new document obtained through the Freedom of Information Act offers the first official confirmation that at least 14 127e programs were also active in the greater Middle East and the Asia-Pacific region as recently as 2020. In total, between 2017 and 2020, U.S. commandos conducted at least 23 separate 127e programs across the world.
Separately, Joseph Votel, a retired four-star Army general who headed both Special Operations Command and Central Command, which oversees U.S. military efforts in the Middle East, confirmed the existence of previously unrevealed 127e “counterterrorism” efforts in Egypt, Lebanon, Syria, and Yemen.
Another former senior defense official, who requested anonymity to discuss a classified program, confirmed that an earlier version of the 127e program had also been in place in Iraq. A 127e program in Tunisia, code-named Obsidian Tower, which has never been acknowledged by the Pentagon or previously identified as a use of the 127e authority, resulted in combat by U.S. forces alongside local surrogates in 2017, according to another set of documents obtained by The Intercept.
A third document, a secret memo that was redacted and declassified for release to The Intercept, sheds light on hallmarks of the program, including use of the authority to provide access to areas of the world otherwise inaccessible even to the most elite U.S. troops.
The documents and interviews provide the most detailed picture yet of an obscure funding authority that allows American commandos to conduct counterterrorism operations “by, with, and through” foreign and irregular partner forces around the world. Basic information about these missions — where they are conducted, their frequency and targets, and the foreign forces the U.S. relies on to carry them out — are unknown even to most members of relevant congressional committees and key State Department personnel.
Through 127e, the U.S. arms, trains, and provides intelligence to foreign forces. But unlike traditional foreign assistance programs, which are primarily intended to build local capacity, 127e partners are then dispatched on U.S.-directed missions, targeting U.S. enemies to achieve U.S. aims. “The foreign participants in a 127-echo program are filling gaps that we don’t have enough Americans to fill,” a former senior defense official involved with the program told The Intercept. “If someone were to call a 127-echo program a proxy operation, it would be hard to argue with them.”
Retired generals with intimate knowledge of the 127e program — known in military parlance as “127-echo” — say that it is extremely effective in targeting militant groups while reducing risk to U.S. forces. But experts told The Intercept that use of the little-known authority raises grave accountability and oversight concerns and potentially violates the U.S. Constitution.
One of the documents obtained by The Intercept puts the cost of 127e operations between 2017 and 2020 at $310 million, a fraction of U.S. military spending over that time period but a significant increase from the $25 million budget allocated to the program when it was first authorized, under a different name, in 2005.
Source: Pentagon documents and former officials.Graphics: Soohee Cho for The Intercept
While critics contend that, due to a lack of oversight, 127e programs risk involving the United States in human rights abuses and entangling the U.S. in foreign conflicts unbeknownst to Congress and the American people, former commanders say the 127e authority is crucial to combating terrorism.
“I think this is an invaluable authority,” Votel told The Intercept. “It provides the ability to pursue U.S. counterterrorism objectives with local forces that can be tailored to the unique circumstances of the specific area of operations.”
The 127e authority first faced significant scrutiny after four U.S. soldiers were killed by Islamic State militants during a 2017 ambush in Niger and several high-ranking senators claimed to know little about U.S. operations there. Previous reporting, by The Intercept and others, has documented 127e efforts in multiple African countries, including a partnership with a notoriously abusive unit of the Cameroonian military that continued long after its members were connected to mass atrocities.
For more than a year, the White House has failed to provide The Intercept with substantive comment about operations by U.S. commandos outside conventional war zones and specifically failed to address the use of 127e programs. Asked for a general comment about the utility of the 127e authority and its role in the administration’s counterterrorism strategy, Patrick Evans, a National Security Council spokesperson, replied: “These all fall under the Department of Defense.” The Pentagon and Special Operations Command refuse to comment on the 127e authority. “We do not provide information about 127e programs because they are classified,” SOCOM spokesperson Ken McGraw told The Intercept. . .
“There’s reason to suspect the Department of Defense has used 127e partners to engage in combat beyond the scope of any authorization for use of military force or permissible self-defense,” Ebright told The Intercept, noting substantial confusion at the Pentagon and in Congress over a stipulation that 127e programs support only authorized ongoing military operations. “That kind of unauthorized use of force, even through partners rather than U.S. soldiers themselves, would contravene constitutional principles.”
A U.S. Army Special Forces Operational Detachment Alpha team soldier, likely on a 127e mission, according to journalist Wes Morgan, is seen along with Nigerien counterparts at a Nigerien Army range on Sept. 11, 2017.
Photo: Richard Bumgardner, SOCFWD-NWA Public Affairs
Global Proxy War
The origins of the 127e program can be traced back to the earliest days of the U.S. war in Afghanistan, as commandos and CIA personnel sought to support the Afghan Northern Alliance in its fight against the Taliban. Army Special Operations Command soon realized that it lacked the authority to provide direct payments to its new proxies and was forced to rely on CIA funding. This prompted a broader push by SOCOM to secure the ability to support foreign forces in so-called missions, a military corollary to the CIA’s use of militia surrogates. First known as Section 1208, the authority was also deployed in the early years of the Iraq invasion, according to a former senior defense official. It was ultimately enshrined in U.S. law under U.S.C. Title 10 § 127e.
127e is one of several virtually unknown authorities granted to the Defense Department by Congress over the last two decades that allow U.S. commandos to conduct operations on the fringes of war and with minimal outside oversight. . .
No Vetting, No Oversight
While the documents obtained by The Intercept offer clues about the scope and contours of the 127e program, much remains unknown to both the public and members of Congress. Relevant reports required by law are classified at a level that prevents most congressional staffers from accessing them. A government official familiar with the program, who requested anonymity to discuss it, estimated that only a handful of people on Congress’s armed services and intelligence committees read such reports. Congressional foreign affairs and relations committees — even though they have primary responsibility for deciding where the U.S. is at war and can use force — do not receive them. And most congressional representatives and staff with clearance to access the reports do not know to ask for them. “It’s true that any member of Congress could read any of these reports, but I mean, they don’t even know they exist,” the government official added. “It was designed to prevent oversight.”
But it is not just Congress that’s largely kept in the dark about the program: Officials at the State Department with the relevant expertise are also often unaware. . ."
READ MORE >> https://theintercept.com/2022/07/01/pentagon-127e-proxy-wars/
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