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FOOTNOTES: n1. See Edwin Chen, Bush Aims To Privatize Many Federal Jobs, L.A. Times, Nov. 15, 2002, at A1; Paul C. Light, Editorial, The End of the Civil Service?, Wash. Post, May 9, 2003, at A35; Ellen Nakashima, Bush Opens 40,000 Federal Workers' Jobs to Competition; Goal: Put 425,000 Positions Up for Grabs to Contractors, Wash. Post, June 8, 2001, at A27 [hereinafter Nakashima, Bush Opens]; Ellen Nakashima, Bush Plan Could Cut Federal Workers, Wash. Post, Aug. 26, 2001, at A1 [hereinafter Nakashima, Bush Plan]; Richard W. Stevenson, Government May Make Private Nearly Half of Its Civilian Jobs, N.Y. Times, Nov. 15, 2002, at A1 [hereinafter Stevenson, Government] (describing President Bush's plan to transfer 850,000 government jobs to private contractors); Richard W. Stevenson, The Incredible Shrinking Government, Bush Style, N.Y. Times, Dec. 8, 2002, at D4 [hereinafter Stevenson, Incredible Shrinking]; Edward Walsh, OMB Details Outsourcing Revisions, Wash. Post, May 30, 2003, at A21 (describing President Bush's plan to speed up the process of opening up hundreds of thousands of federal jobs to private sector competition). For the announcement of this policy proposal, see Executive Office of the President, Office of Management and Budget, Circular No. A-76 (Revised) (Nov. 14, 2002), available at http://www.whitehouse.gov/omb/circulars/a076/a76_111402.doc (last visited June 4, 2004) [hereinafter Circular No. A-76].
n2. See James Dao, U.S. Company To Take Over Karzai Safety, N.Y. Times, Sept. 19, 2002, at A24; Michael Elliott, The Trouble with Saving the World, Time, Dec. 30, 2002, at 109; Eric Pape & Michael Meyer, Dogs of Peace, Newsweek: Int'l Ed., Aug. 25-Sept. 1, 2003, at 22; Leslie Wayne, America's For-Profit Secret Army, N.Y. Times, Oct. 13, 2002, at C1.
n3. See Nakashima, Bush Plan, supra note 1 ("Bush's management package is but one in a series of attempts to remake the government bureaucracy over the years, from Jimmy Carter ... to Ronald Reagan ... to Al Gore... ."); Stevenson, Incredible Shrinking, supra note 1 ("If Mr. Bush prevails, he could end up doing more to overhaul the Civil Service and to advance the conservative small-government agenda than any of his predecessors, Mr. Reagan included."); see also E.S. Savas, Privatization and Public-Private Partnerships 3, 11-12 (2000) (describing the dominance of the domestic privatization agenda over the past decade); Jody Freeman, Extending Public Law Norms Through Privatization, 116 Harv. L. Rev. 1285, 1292-93 (2003) (describing aims of leaders of both parties to reduce the size and cost of the federal government); Daniel Guttman, Public Purpose and Private Service: The Twentieth Century Culture of Contracting Out and the Evolving Law of Diffused Sovereignty, 52 Admin. L. Rev. 859, 861-62 (2000) (noting how the 1990s were a decade "marked by bipartisan agreement on the need to reform and reduce "Big Government'" and how downsizing was understood to require shrinking the size of the federal workforce); Jerry L. Mashaw, Small Things Like Reasons Are Put in a Jar: Reason and Legitimacy in the Administrative State, 70 Fordham L. Rev. 17, 27 (2001). n4. See, e.g., Spencer Ante, The Other U.S. Military, Bus. Wk., May 31, 2004, at 76; David Barstow et al., Security Companies: Shadow Soldiers in Iraq, N.Y. Times, Apr. 19. 2004, at A1; James Dao, Private Guards Take Big Risks, for Right Price, N.Y. Times, Apr. 2, 2004, at A1; Seymour M. Hersh, Chain of Command: How the Department of Defense Mishandled the Disaster at Abu Ghraib, New Yorker, May 17, 2004, at 38, 42; Renae Merle, DynCorp Took Part in Chalabi Raid, Wash. Post, June 4, 2004, at A17; Dana Priest, Private Guards Repel Attack on U.S. Headquarters, Wash. Post, Apr. 6, 2004, at A1; Dana Priest & Mary Pat Flaherty, Under Fire, Security Firms Form an Alliance, Wash. Post, Apr. 8, 2004, at A1; P.W. Singer, Editorial, Have Guns, Will Travel, N.Y. Times, July 21, 2003, at A15; Barry Yeoman, Soldiers of Good Fortune, Mother Jones, May/June 2003, at 38.
n5. See John D. Donahue, The Privatization Decision 58-68 (1989) (describing privatization in municipal sanitation); Gerald E. Frug, City Services, 73 N.Y.U. L. Rev. 23, 85-89 (1998); see also Savas, supra note 3, at 14-16 & nn.20-25 (describing the early history of privatization in the post-WWII era).
n6. See, e.g., Jody Freeman, The Contracting State, 28 Fla. St. U. L. Rev. 155, 174 (1999) (characterizing the differences between sanitation collection and prison management in terms of how much responsibility and discretion is extended to private actors). For discussions of welfare privatization, see, for example, Joel F. Handler, Down From Bureaucracy (1996); Matthew Diller, Form and Substance in the Privatization of Poverty Programs, 49 UCLA L. Rev. 1739 (2002) [hereinafter Diller, Form]; Matthew Diller, The Revolution in Welfare Administration: Rules, Discretion, and Entrepreneurial Government, 75 N.Y.U. L. Rev. 1121 (2000) [hereinafter Diller, Revolution]; Michele Estrin Gilman, Legal Accountability in an Era of Privatized Welfare, 89 Cal. L. Rev. 569 (2001); David J. Kennedy, Due Process in a Privatized Welfare System, 64 Brook. L. Rev. 231 (1998); and, Jon Michaels, Deforming Welfare, 34 Seton Hall L. Rev. 573 (2004). For discussions of prison privatization, see, for example, John J. DiIulio, Jr., The Duty To Govern: A Critical Perspective on the Private Management of Prisons and Jails, in Private Prisons and the Public Interest 155 (Douglas C. McDonald ed., 1990); Anne Larason Schneider, Public-Private Partnerships in the U.S. Prison System, in Public-Private Policy Partnerships 199 (Pauline Vaillancourt Rosenau ed., 2000); Developments in the Law - The Law of Prisons, 115 Harv. L. Rev. 1838, 1868 (2002); Martin E. Gold, The Privatization of Prisons, 28 Urb. Law. 359 (1996); Richard Harding, Private Prisons, 28 Crime & Just. 265, 267 (2001); Clifford J. Rosky, Force, Inc.: The Privatization of Punishment, Policing, and Military Force in Liberal States, 36 Conn. L. Rev. 879, 897-903 (2004); and, E.S. Savas, Privatization and Prisons, 40 Vand. L. Rev. 889, 895 (1987). See also Rosky, supra, at 883 (calling military force a sacred government function and noting that whereas a "liberal state must monopolize the supply of military force ... [it] need not monopolize the supply of punishment," i.e., prisons).
n7. See Robert Nozick, Anarchy, State, and Utopia 26-27 (1974); see also Rosky, supra note 6, at 885 (noting that "even in the most minimal accounts, the liberal state encodes rights into laws and uses threats and acts of physical coercion to enforce them ... The state has, must have, or should have a monopoly of force").
n8. See Savas, supra note 3, at 71, 303 (alluding to the fact that in times past some conflicts were fought using mercenaries and indicating that the area of national security is "the last refuge of antiprivatization forces"); Freeman, supra note 3, at 1300 (describing foreign policy and national defense as fields "where privatization seems unfathomable"); Oliver Hart et al., The Proper Scope of Government: Theory and an Application to Prisons, 112 Q.J. Econ. 1127, 1155-56, 1158-59 (1997) (noting that contracting out foreign policy responsibilities is too dangerous because private providers could refuse to carry out their responsibilities in an effort to seek better contractual terms); Michael J. Trebilcock & Edward M. Iacobucci, Privatization and Accountability, 116 Harv. L. Rev. 1422, 1444 (2003) ("An extreme example [of a government activity too difficult and sensitive to outsource] is the formulation and implementation of a country's foreign or defense policy, because complexity of objectives and unforeseeable contingencies render delegations of these functions to private actors highly problematic."); see also Joel Brinkley & James Glanz, Contractors in Sensitive Roles, Unchecked, N.Y. Times, May 7, 2004, at A15 ("Thomas E. White, who was secretary of the Army until April 2003 and a leading advocate of privatization in the military said in an interview Thursday that he was surprised when he learned this week that employees of private companies were now involved in intelligence work, which suggests how abruptly the trend took off.") (emphasis added); Norman Macrae, A Future History of Privatisation, 1992-2022, Economist, Dec. 21, 1991, at 15 (suggesting that military protection is a core public good, not suitable for privatization); Barbara Whitaker, Fed by the Hand that Bites, N.Y. Times, Sept. 9, 1998, at G6 (quoting the director of a private prison corporation as suggesting "national security" is a uniquely "inherently governmental" function that should not be privatized).
n9. Consider former Congressman Gephardt's words about the privatization of sensitive, national security functions. Not so long before military contractors exploded onto the scene in the wake of America's interventions into Afghanistan and Iraq, Gephardt, who at the time was House Minority Leader, said:
Federal law enforcement patrols the shores of the United States. They guard our borders. They track terrorists down ... . I ask all of you, do you want to contract out the Capitol Police? Do you want to contract out the U.S. Marines? Do you want to contract out the F.B.I. and the Customs Service? I do not think so.
147 Cong. Rec. H7631 (daily ed. Nov. 1, 2001) (statement of Rep. Gephardt).
n10. See Dwight D. Eisenhower, Farewell Address (Jan. 17, 1961), available at http://www.eisenhower.utexas.edu/farewell.htm (last visited June 22, 2004).
n11. See infra note 27 and accompanying text.
n12. See infra note 28 and accompanying text.
n13. See, e.g., Kenneth Bredemeier, Thousands of Private Contractors Support U.S. Forces in Persian Gulf, Wash. Post, Mar. 3, 2003, at E1; Kathleen Day, In Haiti, Covering the Bases: Pentagon Cuts Give Private Firms Opportunity To Provide Services to Military, Wash. Post, Sept. 23, 1994, at D1; Anthony Faiola & Scott Wilson, U.S. Took Risks in Aiding Peru's Anti-Drug Patrols, Wash. Post, Apr. 29, 2001, at A1; Juan Forero, Role of U.S. Companies in Colombia Is Questioned, N.Y. Times, May 18, 2001, at A3; Bradley Graham, Ex-GIs Work To Give Bosnian Force a Fighting Chance, Wash. Post, Jan. 29, 1997, at A1 [hereinafter Graham, Bosnia]; Bradley Graham, U.S. Firm Exports Military Expertise: Role in Training Croatian Army Brings Publicity and Suspicions, Wash. Post, Aug. 11, 1995, at A1 [hereinafter Graham, Croatia]; Renae Merle, More Civilians Accompanying U.S. Military: Pentagon Is Giving More Duties to Contractors, Wash. Post, Jan. 22, 2003, at A10; Ken Silverstein, Privatizing War: How Affairs of State Are Outsourced to Corporations Beyond Public Control, Nation, July 28-Aug. 4, 1997, at 11; P.W. Singer, Editorial, National Builders and Low Bidders in Iraq, N.Y. Times, June 15, 2004, at A23; Jonathan D. Tepperman, Out of Service, New Republic, Nov. 25, 2002, at 10; Wayne, supra note 2; see also supra note 4.
n14. Dan Briody, The Halliburton Agenda: The Politics of Oil and Money (2004); Dan Baum, Nation Builders for Hire, N.Y. Times, June 22, 2003, 6 (Magazine), at 34 (suggesting that although it certainly helped that Vice President Cheney was a former chair of Halliburton when its subsidiary, Kellogg Brown & Root ("KBR"), received a $ 7 billion contract to manage the Iraqi Oil Fields, KBR did not really need the Vice President's assistance since "by now [KBR is] so enmeshed with the Pentagon that it was able essentially to assign the contract to itself"); Kenneth R. Bazinet, Legislators Seek Investigation as Halliburton Contracts Rise, Orlando Sentinel, Sept. 19, 2003, at A3; Joshua Chaffin, Halliburton "Reaps Nearly $ 500 million' from Iraq-Related Projects, Fin. Times, May 30, 2003, at P2; Erik Eckholm, A Top U.S. Contracting Official for the Army Calls for an Inquiry in the Halliburton Case, N.Y. Times, Oct. 25, 2004, at A13 (describing how the Army permitted Halliburton officials to attend internal meetings regarding contracting decisions); Jeff Gerth & Don Van Natta, Jr., Halliburton Contracts in Iraq: The Struggle To Manage Costs, N.Y. Times, Dec. 29, 2003, at A1 (describing a $ 2 billion contract awarded to Halliburton by the federal government without first soliciting competitive bids and noting the close ties between the company and Vice President Cheney); Jane Mayer, What Did the Vice-President Do for Halliburton, New Yorker, Feb. 16, 2004, at 80; Richard A. Oppel, Jr., Friends in Deed, In the Company of Vice President, N.Y. Times, Mar. 30, 2003, at D5; David E. Rosenbaum, A Closer Look at Cheney and Halliburton, N.Y. Times, Sept. 28, 2004, at A16.
n15. See Renae Merle, Air Force-Boeing Negotiator Criticized, Wash. Post, Oct. 27, 2003, at A11; Leslie Wayne, A Growing Military Contract Scandal, N.Y. Times, Oct. 8, 2004, at C1 [hereinafter Wayne, Growing]; Leslie Wayne, Air Force Asks for Broader Inquiry into Charges of Favoritism in Boeing Contracts, N.Y. Times, Oct. 12, 2004, at C2 [hereinafter Wayne, Air Force]; Leslie Wayne, Ex-Pentagon Official Gets 9 Months for Conspiring To Favor Boeing, N.Y. Times, Oct. 2, 2004, at C1 [hereinafter Wayne, Ex-Pentagon].
n16. See supra note 15 and accompanying text; infra notes 33-35, 37 and accompanying text.
n17. See infra notes 38-39 and accompanying text.
n18. See infra notes 34-35 and accompanying text.
n19. See infra Part II.C.
n20. See P.W. Singer, Corporate Warriors: The Rise of the Privatized Military Industry (2004); Singer, supra note 13; see also Juan Carlos Zarate, The Emergence of a New Dog of War: Private International Security Companies, International Law, and the New World Disorder, 34 Stan. J. Int'l L. 75 (1998); Thomas Catan et al., Private Companies on the Frontline, Fin. Times, Aug. 12, 2003, at A15; Dao, supra note 4; Mary Pat Flaherty & Dana Priest, More Limits Sought for Private Security Teams, Wash. Post, Apr. 13, 2004, at A15; Juan Forero, Private U.S. Operatives on Risky Missions in Colombia, N.Y. Times, Feb. 14, 2004, at A3; Nicholas von Hoffman, Contract Killers: How Privatizing the U.S. Military Subverts Public Oversight, Harper's, June 1, 2004, at 79; Joshua Kurlantzick, Outsourcing the Dirty Work, Am. Prospect, May 2003, at 17; T. Christian Miller, Contract Flaws in Iraq Cited, L.A. Times, Mar. 11, 2004, at A1; Robert O'Harrow Jr., Democrats Criticize Management Contracts, Wash. Post, May 19, 2004, at A17; Tepperman, supra note 13; Yeoman, supra note 4. See generally Martha Minow, Public and Private Partnerships: Accounting for the New Religion, 116 Harv. L. Rev. 1229, 1260 (2003) (defining accountability as "being answerable to authority that can mandate desirable conduct and sanction conduct that breaches identified obligations").
n21. See infra Part II.C.
n22. See, e.g., Paul Krugman, Editorial, Feeling the Draft, N.Y. Times, Oct. 19, 2004, at A27 (finding it unbelievable that the United States will not need to bring back a draft and citing a Pentagon study that said the United States has an inadequate number of troops to sustain the current scope of operations into the future). Krugman further states that President Bush's claim "that we don't need any expansion in our military is patently unrealistic; it ignores the severe stress our Army is already under. And the experience in Iraq shows that pursuing his ... foreign policy doctrine ... would require much larger military forces than we now have." Id.; see also Mary H. Cooper, Private Affair: New Reliance on America's Other Army, 62 Cong. Q. Wkly. Rep. 2194 (2004) (describing America's servicemen and women as overworked and suggesting that the United States will likely need additional troops); James Dao, The Option Nobody's Pushing. Yet, N.Y. Times, Oct. 3, 2004, at D1 (noting how overextended the American military is, how fresh soldiers are desparately needed, and how government officials nevertheless refuse to entertain the idea of reintroducing the draft); Michael R. Gordon, The Strategy To Secure Iraq Did Not Foresee a 2nd War, N.Y. Times, Oct. 19, 2004, at A1 (noting that there are not enough American troops to sustain the scope of overseas commitments and indicating that NATO, the Gulf States, and India all declined to commit forces in Iraq); David M. Halbfinger, Kerry Attacks on Economy and a Draft, N.Y. Times, Oct. 16, 2004, at A11 (describing presidential candidate John Kerry as expressing concern that the U.S. military, at its current size, is overworked and overcommitted); John Hendren & Mark Mazzetti, Army Implicates 28 U.S. Troops in Deaths of 2 Afghan Detainees, L.A. Times, Oct. 15, 2004, at A13 (characterizing the military leadership's concern over the lack of trained intelligence officers and its fear that reliance on contractors at Abu Ghraib contributed greatly to the abuses that occurred there); Eric Schmitt, General Warns of a Looming Shortage of Specialists, N.Y. Times, Sept. 17, 2004, at A16; Eric Schmitt, Its Recruitment Goals Pressing, the Army Will Ease Some Standards, N.Y. Times, Oct. 1, 2004, at A24; Thom Shanker & Brian Knowlton, Troop Number Too Low, Military Poll Says, N.Y. Times, Oct. 17, 2004, at A21; Peter Spiegel, US "Must Increase Troop Numbers' to Fulfil Commitments, Fin. Times (London), Sept. 27, 2004, at 8.
n23. This is not to say that military privatization is in any way a distinctively modern phenomenon. Its long and varied history is, however, well beyond the scope of this inquiry. In this Article, I am exploring a particularly modern and particularly American strain of military privatization, which is distinguishable from the longer history not just because of its recent vintage, but also because it arises today from the ashes of a wholly delegitimatized landscape. In centuries past, there was not the same taboo as exists now regarding mercenaries. But their re-emergence, today, in light of the relatively recent repudiation, marks a new chapter. See, e.g., R. Ernest I. Dupuy & Trevor N. Dupuy, The Encyclopedia of Military History from 3500 B.C. to the Present 6 (2d ed. 1986); G.T. Griffith, The Mercenaries of the Hellenistic World (1935); Charles W. Ingrao, The Hessian Mercenary State: Ideas, Institutions, and Reform under Frederick II, 1760-1785 (1987); Anthony Mockler, The New Mercenaries 5, 6, 45, 58 (1985); Lynn Montross, War Through the Ages (3d ed. 1960); H.W. Parke, Greek Mercenary Soldiers from the Earliest Times to the Battle of Ipsus (1933); Maj. Todd S. Milliard, Overcoming Post-Colonial Myopia: A Call To Recognize and Regulate Private Military Companies, 176 Mil. L. Rev. 1 (2003); Rosky, supra note 6, at 913.
n24. Samantha M. Shapiro, Iraq, Outsourced, N.Y. Times, Dec. 14, 2003, 6 (Magazine), at 76.
n25. See, e.g., Government-Business Cooperation, 1945-1964: Corporatism in the Post-War Era (Robert F. Himmelberg ed., 1994); The Military-Industrial Complex and United States Foreign Policy (Omer L. Carey ed., 1969); Sen. William Proxmire, Report from Wasteland: America's Military-Industrial Complex (1970); Stephen Rosen, Testing the Theory of the Military-Industrial Complex (1973); Singer, supra note 20.
n26. See Eisenhower, supra note 10.
n27. See, e.g., Brian Duffy et al., The Enemy Within, U.S. News & World Rep., July 4, 1988, at 16; Eric Gelman et al., A Giant Under Fire: General Dynamics Faces Numerous Charges of Fraud, Newsweek, Feb. 11, 1985, at 24; Anthony Lewis, Editorial, The Military-Industrial Complex, N.Y. Times, Nov. 21, 1985, at A31; William Proxmire, Editorial, Cleaning Up Procurement: Why Military Contracting Is Corrupt, N.Y. Times, Dec. 15, 1985, at C3; Christopher H. Schmitt, Wages of Sin, U.S. News & World Rep., May 13, 2002, at 28 ("In the past dozen years, 30 of the 43 largest federal contractors have racked up more than 400 enforcement cases, resulting in at least 28 criminal convictions, 286 civil settlements, and 88 administrative settlements, mostly involving their government contracts."); Hugh Sidey, Ike's Nightmare Is Upon Us, Time, Sept. 14, 1987, at 24; Leslie Wayne, Pentagon Brass and Military Contractors' Gold, N.Y. Times, June 29, 2004, at C1.
For a sampling of earlier discussions of war profiteering, see David McCullough, Truman 256-80 (1992); Walter Millis, Road to War: America 1914-1917 (1935); Sam Nunn, The Impact of the Senate Permanent Subcommittee on Investigations on Federal Policy, 21 Ga. L. Rev. 17, 19-21 (1986).
n28. See supra note 15; Singer, supra note 20; Edmund L. Andrews & Elizabeth Becker, Bush Got $ 500,000 from Companies that Got Contracts, Study Finds, N.Y. Times, Oct. 31, 2003, at A8; Baum, supra note 14 ("Of the 30 members of the Defense Policy Board - the influential Pentagon advisory panel from which Richard Perle was recently forced to resign - at least nine are directors or officers of companies that won $ 76 billion in defense contracts in 2001 and 2002."); Bryan Bender, Study Finds Cronyism in Iraq, Afghanistan Contracts, Boston Globe, Oct. 31, 2003, at A1; Bob Herbert, Editorial, Spoils of War, N.Y. Times, Apr. 10, 2003, at A27 (describing former Secretary of State Schultz's role as both a director of Bechtel and as chairman of "the advisory board of the Committee for the Liberation of Iraq, a fiercely pro-war group with close ties to the White House... [that is] committed ... to work beyond the liberation of Iraq to the reconstruction of its economy"); P.W. Singer, Editorial, The Enron Pentagon, Boston Globe, Oct. 19, 2003, at L12; Tim Shorrock, CACI and Its Friends, Nation, June 21, 2004, at 6 (emphasizing the important relationship between the rapidly growing government contractor CACI - one of the companies implicated in the Abu Ghraib prisoner-abuse scandal - and Richard Armitage, a key State Department official); Wayne, supra note 27 ("288 top government officials since 1997 have taken positions at the 20 largest military contractors at levels high enough that they were disclosed in federal regulatory filings.").
n29. See Elizabeth Bumiller, Bush Urges Congress To Increase Military Budget, N.Y. Times, Mar. 16, 2002, at A8; James Dao, Bush Sees Big Rise in Military Budget for Next 5 Years, N.Y. Times, Feb. 2, 2002, at A1; James Dao, Warm Reaction to Bigger Pentagon Budget, N.Y. Times, Feb. 13, 2002, at A28; Ellen McCarthy, Post-9/11 Mergers Brought Problems: Government Service Firms Often Leaped Before They Looked, Wash. Post, Aug. 23, 2004, at E1; Editorial, Spending Spree at the Pentagon, N.Y. Times, Feb. 10, 2003, at A22; Leslie Wayne, Rumsfeld Warns He Will Ask Congress for More Billions, N.Y. Times, Feb. 6, 2003, at A23; Tim Weiner, A Vast Arms Buildup, Yet Not Enough for Wars, N.Y. Times, Oct. 1, 2004, at C1; Jonathan Weisman & Thomas E. Ricks, Increase in War Funding Sought: Bush to Request $ 70 Billion More, Wash. Post, Oct. 26, 2004, at A1.
n30. See William D. Hartung, Editorial, The Booming Defense Business, L.A. Times, Dec. 10, 2003, at B15; Russell Mokhiber & Robert Weissmann, Arms Sellers Calling Shots, Balt. Sun, May 16, 1999, at 1C; Shorrock, supra note 28 (commenting on defense contractor CACI's "unabashed ... backing of Bush's foreign policy and ... key support of the military campaigns in Iraq and Afghanistan"); Ken Silverstein & Chuck Neubauer, Advisor Perle Has Given Seminars on Ways To Profit from Possible Conflicts Discussed by Defense Board He Sits On, L.A. Times, May 7, 2003, at A1; Leslie Wayne, After High-Pressure Years, Contractors Tone Down Missile Defense Lobbying, N.Y. Times, June 13, 2000, at A6; see also Anthony Bianco & Stephanie Anderson Forest, Outsourcing War, Bus. Wk., Sept. 15, 2003, at 68 (describing the Pentagon's heavy reliance on private military companies); Day, supra note 13 (describing KBR's growing responsibilities as a result of the Defense Department's desire to reduce costs and downsize its payroll); James Surowiecki, Army, Inc., New Yorker, Jan. 12, 2004, at 27 (noting that the U.S. military is "more like a complex partnership between the armed forces and a select group of private companies; one half expects to see the C.E.O.s of Halliburton and Bechtel on the Joint Chiefs of Staff"). See generally P.W. Singer, Corporate Warriors: The Rise of the Privatized Military Industry and its Ramifications for International Security, 26 Int'l Security 3, 186 (2001), available at 2002 WLNR 200092.