Against Preventive War

The distinction between preemptive and preventive war is not semantic. It is essential.

“Preemptive war” means you face an imminent attack and strike first to preempt it. “Preventive war” means an adversary possesses the capability to threaten you in the future and you attack now to prevent that eventuality from materializing.

Preemptive war may, in narrow circumstances, be justified. Preventive war cannot.

The moral and legal distinction between them turns on imminence. If an attack is truly imminent, i.e. the adversary has mobilized forces, missiles fueled, orders issued, the necessity of self-defense may be “instant, overwhelming, leaving no choice of means.” In such circumstances, striking first is not aggression but defensive timing.

Preventive war, by contrast, is based not on imminent action but on projected capacity. It rests on the claim: “They may attack someday; therefore we attack now.”

Capability is measurable. Intent is not. And intent is the hinge.

There are many reasons a state might increase military capacity including for deterrence, prestige, internal politics, or alliance signaling. To treat capability alone as grounds for war is to collapse defense into speculation.

The moment we substitute projected intent for observable aggression, the category of self-defense dissolves.

Preventive war has a fatal defect: it is not falsifiable. If you claim an enemy would have attacked you in five years, there is no counterfactual world in which that claim can be tested. If they never attack, you say your war prevented it. If they would not have attacked, you can never know.

Preemption can be evaluated. Was the attack truly imminent? Were forces mobilized? Were orders issued? Prevention cannot. It rests on predictions about political decisions that have not yet been made. That epistemic asymmetry is not a minor flaw. It makes preventive war uniquely vulnerable to abuse.

Any principle of war must survive reciprocity. If the United States claims the right to wage preventive war because another state’s growing capacity might someday threaten it, then that principle is available to all states.

Under such a doctrine, for example, Russia may attack Ukraine because it fears future NATO integration, China may strike Taiwan because it fears permanent separation, or China might even justify striking the United States on the theory that American military supremacy poses an enduring future threat. The issue becomes not whether those claims are true but that the logic licenses them.

Unless one argues that the United States alone may exercise preventive force preventive war becomes a universal permission slip for aggression. That is a claim incompatible with any rule-based international order.

The strongest argument in favor of a doctrine of preventive war arises in the context of nuclear weapons. If an adversary is approaching nuclear capability, publicly expresses hostility, and possesses delivery systems, must one wait for imminence? The answer is difficult but difficulty does not erase principle.

The nuclear age compresses timelines; it does not abolish the distinction between capability and imminent use. A state nearing nuclear capability is not the same as a state preparing nuclear launch. The former is a strategic challenge; the latter is an act of aggression in preparation.

If nuclear capability alone justifies preventive war, then every nuclear state would be permanently justified in attacking every rising power. That is not stability. It is permanent war.

Preventive war transforms war from a response to aggression into a tool of anticipatory power management. It shifts the burden of proof from “They are about to attack” to “They might someday become dangerous”. That shift is fatal to any rule-bound order.

The doctrine is elastic enough to justify any use of force, and therefore constrains none.

The deeper principle is simple. War is justified only in response to aggression or imminent attack. The threshold must be high because the costs are irreparable. If we lower the threshold to projected future threat, we convert war from defense into strategic speculation. Preemptive war, narrowly defined and rigorously constrained, may be tragic but necessary. Preventive war is structurally indistinguishable from aggression.

And once that distinction collapses, so does the moral architecture that distinguishes defense from conquest.

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It’s War!

The United States is at war with Iran. At Outside the Beltway James Joyner has a round-up of reports from major news outlets on the action, dubbed “Operation Epic Fury”. When you use military force against another country it is war whether you call it that, “operations”, “limited strike”, or another diction does not change the reality.

I oppose this war. It is a violation of our treaty obligations under the UN Charter Article 2(4)—the prohibition of force. It is unjust—Iran has not attacked us and no evidence has been presented that such an attack was imminent. It is illegal: under Article I, Section 8 of the U. S. Constitution the Congress is granted the authority to declare war. The president does not have that authority. The circumstances do not justify military action.

That should not be construed as arguing that I support the mullahocracy that presently rules Iran. I do not. I think it is unjust, engages in global state-financed terrorism, and has treated the Iranian people poorly. Iran would be more prosperous, happier, and probably at peace without them. None of that justifies the use of military force against them.

I also think it is bad policy. If the mullahs are removed from power what will follow? The likelihood that they will be succeeded by a liberal democracy is vanishingly small. The history of revolutionary regimes suggests that they will retain power as long as possible. The Revolutionary Guard will remain and even if the mullahs are removed from power, it is likely that the IRG will retain it. Power vacuums generally result in the best-organized force taking power and that is the IRG. Street demonstrations are not organized resistance. The United States cannot occupy Iran with air power alone and a land campaign in Iran would be costly, both in money and American lives.

Congress should take steps to end this war, operation, limited strike or whatever you choose to call it.

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When Is a Deferral “Withholding”?

Under Title XIX of the Social Security Act the executive branch of the federal government is empowered to withhold Medicaid funds from a state following prior notice and a public hearing. At the Minnesota Star-Tribune Sydney Kashiwagi and Jessie Van Berkel report that the White House has “paused” Medicaid reimbursements to Minnesota:

The Trump administration announced Wednesday it plans to halt $259 million in Medicaid payments to Minnesota over concerns about fraud in the state’s social services programs, the latest chapter in the federal government’s crackdown on the state.

The announcement comes one day after President Donald Trump’s State of the Union address, where he zoomed in on fraud in Minnesota and announced Vice President JD Vance would be leading efforts to combat the issue. It also follows the wind-down of Operation Metro Surge, an immigration crackdown in the state initially prompted by allegations of fraud.

“A quarter billion dollars is not going to be paid this month to Minnesota for its Medicaid claims,” Centers for Medicare & Medicaid Services Administrator Dr. Mehmet Oz said alongside Vance in a Washington, D.C., news conference.

The administration said it would withhold the funds until the Walz administration puts together a “comprehensive corrective action plan to stop the problem.”

I think that distinguishing between “pausing” and “withholding” is splitting hairs. Is this action substantively a withholding, regardless of the label? If the executive branch can avoid statutory procedural safeguards simply by relabeling a withholding as a “pause,” then the statutory protections are illusory. I have no objection to the administration’s investigation of Medicaid fraud in Minnesota but I do think it should follow the letter of the law, that is it should issue a warning and conduct a public hearing.

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A Commentary on the Commentary

It was the best of speeches, it was the worst of speeches, it was a wise speech, it was a foolish speech, it evoked faith, it demanded incredulity, it was the beginning of a new day, it heralded the coming of darkness, it was the spring of hope, it was the winter of despair.

And so we listened, not to a speech, but to ourselves.

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Jack at Westminster


I’m ready for my close-up!

This picture was taken by Jack’s breeder at Westminster a couple of weeks ago. His handler does a great job in grooming him.

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State of the Union 2026

I tried my level best to listen to last night’s State of the Union address. A transcript is here. I gave up at 9:40pm and went to bed. It unfolded much as I had predicted to my wife: a catalogue of superlatives, some true, some arguably false, many exaggerated.

I counted sixteen of them. Too many to make a good drinking game, even when the speech clocked in at 108 minutes. They included:

  • “strongest and most secure border in American history”
  • “single largest decline in recorded history” (in homicides)
  • “lowest level in more than five years” (referring to the rate of inflation)
  • “lowest in four years” (mortgage interest rates)
  • “all-time record highs” (stock market)
  • “More Americans are working today than at any time in the history of our country”
  • “cut a record number of job-killing regulations”
  • “largest tax cuts in American history”

I’m sure the president’s fans were delighted. Some have claimed it’s an effective way of communicating with ordinary people. I’m not so sure. To my ear when superlatives are overused they are “tuned out”, i.e. they lose impact. I consider understatement a better rhetorical device because it leaves the speaker with somewhere to go—hearers will notice the rare superlative more in that context. Carthago delenda est (Carthage must be destroyed) was rhetorically effective because Cato the Elder wasn’t saying everything should be destroyed in every speech. De gustibus… Is this persuasion, performance, or simply the language modern voters expect?

To his credit President Trump’s State of the Union message this year was not as much of a presidential “wish list” as prior SOTU’s have been. In some cases matters in that wish list are never heard of again. I counted three calls for Congressional action:

  • ban sanctuary cities
  • require voter ID
  • prohibit medical “transition” treatment for minors without parental consent

Please construe neither support nor opposition from that list—they are merely the wish list actions I identified.

Did you listen to the speech? What were your reactions?

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Proof Positive (Updated)

I read this list of the “most famous local sandwiches in each state” at Yahoo and my immediate thought was that a steady diet of most of these would be enough to kill you.

IMO it’s proof positive that if American culture dies it will be of a heart attack.

In fairness I’ve tried about half of the sandwiches listed in the article at one time or another, for example the Horseshoe, Illinois’s entry, when I was in Springfield. The only one I’ve eaten lately is the banh mi, Washington State’s entry, and that was ten years ago. I have never had the courage to try a Fluffernutter in Tennessee Massachusetts. As my wife put it, “It’s just wrong”.

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And Then There Were None

WGN Television has laid off eight veteran members of its news staff. Crain’s Chicago Business reports:

Eight reporters and anchors were laid off Monday at WGN-Ch. 9, the latest round of cuts at the Chicago television station owned by Dallas-based Nexstar Media Group, according to the Chicago Tribune.

Among those let go was weekend morning anchor Sean Lewis, a nearly 20-year veteran of the station. Lewis said he was informed of his dismissal Monday afternoon after filing what became his final report for the noon broadcast.

The layoffs follow additional reductions in recent months, including six newswriters and three technical directors last month and four floor directors in October, according to newsroom sources cited by the Tribune.

Nexstar declined to comment on specific personnel matters but said in a statement it is “taking steps necessary to compete effectively in this period of unprecedented change.”

I’m sad to see this move. It’s another step in the decline of local news coverage.

As I’ve mentioned before my wife and I frequently watch WGN’s evening news coverage. That was particularly true during the nightly “Dolton follies” which I posted on. WGN’s regular reporting on the political and governmental problems in Dolton was instrumental in mobilizing that town to reform itself. That’s something that only local news coverage will do.

Some of our favorite WGN personalities have been laid off. I’d like to know more about this story but we’re even less likely to learn more about it now than we were a week ago.

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Only the Dead

As of today, February 24, 2026, the war between Russia and Ukraine enters its fifth year. Whatever the actual casualties their numbers have been horrific on both sides with tremendous harm to civilians and infrastructure.

As of this writing neither side has achieved its stated objectives in the war as gauged by President Putin’s and President Zelensky’s public statements and show little likelihood of doing so. In particular I see little material way of Ukraine accomplishing its goals.

All of that notwithstanding I believe that the United States should continue to provide military and humanitarian aid to Ukraine. Russia should not have invaded Ukraine—it is a violation of treaties to which Russia is a signatory. I also support continuing and tightening economic sanctions against Russia. Our policies with respect to Eastern Europe have often been misguided, even perverse but that is a digression. The matter at hand is the ongoing war. The objective is not total Ukrainian victory but the preservation of Ukrainian sovereignty under conditions that do not risk global catastrophe.

War is not a zero-sum game. Everyone loses. The “winner” just loses less than the “loser”. We will continue to lose as long as this war continues.

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A Single Step

In an op-ed in the Washington Post Mexican journalist León Krauze exhorts Mexico’s president to continue the fight in which she has engaged against criminal cartels in Mexico:

On Sunday, Claudia Sheinbaum’s government recorded a significant success in its fight against organized crime. In an operation led by its armed forces, Mexican authorities killed Nemesio Rubén Oseguera Cervantes — “El Mencho” — the leader of the Jalisco New Generation Cartel (CJNG), the most powerful criminal organization to emerge in Mexico in decades.

and

Oseguera’s death also marks a definitive break with years of permissiveness under the previous administration led by Andrés Manuel López Obrador. López Obrador’s “hugs, not bullets” strategy allowed criminal organizations such as the CJNG to expand their dominance. Oseguera’s killing suggests that the constant pressure exerted by the Trump administration has pushed the Mexican government to change course. Indeed, early reporting suggests U.S. intelligence helped make the operation a success.

warning that what she has already accomplished is just the first step in what is likely to be a long and bloody campaign:

Sheinbaum may have embarked on this more aggressive path only reluctantly, but she must now stay the course. It will probably be a complicated and bloody ride.

Although the U. S.’s provision of intelligence was prudent and the U. S. will benefit materially from a reduction in cartel activity in Mexico (and the U. S.!), we should take care to maintain a low profile in this “ride”. Not everything is about us and making it about us runs the risk of adding political risk to the material risks already involved, potentially derailing the campaign. Mexicans have a historically well-founded wariness of U. S. intervention in Mexican affairs.

Potentially, participation can have various escalating levels: quiet intelligence aid, taking credit, and actual operational participation. We should limit kinetic participation to activities on our side of the border. Doing otherwise invites nationalist backlash.

Mexico is a large, proud country, prosperous by world standards despite having many poor people in it. They don’t need us to fight their wars for them or want us to take credit for doing it. Take the win graciously.

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