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May 17, 2007

How Congress Can Stop An Attack On Iran

That is, assuming they want to. Here's a piece of mine about this in Mother Jones:

What would a serious congressional strategy to block a war with Iran look like? Constitutional scholars and congressional staff agree there's no one magic answer. The alarming truth is that 220 years after the adoption of the Constitution, there are few settled answers about what legal powers the executive branch possesses to start a war. But there are several steps Congress could take to make a war with Iran politically very difficult for the White House...

The limiting factor on a determined president is not whether an attack is "legal." Rather, it is how high a political cost he's willing to pay.

I found it hard to get my mind around this, but it's true. If the executive branch is determined to do something, it's extremely difficult for the legislative branch to stop it merely with laws.

For instance, take the spying program about which James Comey just testified. Congress has written clear laws about what domestic surveillance the executive branch can and cannot carry out. And it's the Justice Department's job to interpret such laws for the executive branch. But when the Justice Department told the White House that what they were doing was illegal, the White House didn't say, "Oh! Well, we'll definitely stop then." Instead, they decided to keep on doing it. They only modified the program when all the top Justice Department officials threatened to resign.

In other words, it wasn't the law that stopped them by itself, but the political damage they would have suffered from all the resignations. If they'd been willing to suffer that damage, the White House could have let everyone quit and then hire replacements who'd come up with some theory about why the spying program was legal.

So Congress should pass laws forbidding Bush from attacking Iran—but that by itself isn't enough. They need to use all the tools they have to create a climate in which the political cost to the Bush administration of starting a war would be excruciatingly high. Those tools are what the article is about.

AND: Speaking of laws, Congress is voting today on the DeFazio-Paul-Hinchey-Lee amendment to the defense authorization bill. This amendment tells Bush he can't attack Iran without congressional permission. If you think war with Iran is a bad idea, call the Capitol Hill switchboard at 202 224-3121 and ask your representative to support it.

Nope, the vote happened last night, and the amendment failed 136-288. Never trust the word of twelve year-old Capitol Hill staffers. Interestingly, Pelosi isn't listed there at all.

MORE: Emailers tell me the Speaker of the House generally doesn't participate in votes like this. Don't ask me why.

Posted at May 17, 2007 07:53 AM | TrackBack
Comments

Everyone in the world has unlimited power if s/he is willing to bear the consequences. We all do whatever we want, bound only by fear. Fear of anything from rejection to death. If you don't care if people like you and you're protected from assassination, you can go far in this world.

Posted by: hedgehog at May 17, 2007 09:16 AM

ONLY YOU, FELLOW AMERICAN TAXPAYERS, CAN FORCE CONGRESS TO IMPEACH DEADEYE DicTRAITOR AND THE COMMANDER GUY TOGETHER. Fire this WHOLE crew and hire another and we may well avoid a war with Iran. (LORD KNOWS they have left enough of a trail of shit to EASILY file ARTICLES OF IMPEACHMENT. They are down to their base there is not much Political Capital left to lose and they know it, they are not blind. (just corrupt))

Posted by: Mike Meyer at May 17, 2007 01:26 PM

Yeah, I agree completely, it will be as much the fault of congress if we liberate Iran. In some of my readings I have seen there still seems to be some controversy about congress being able to cut the funds for war and from what some constitutional lawyers and scholars have said I gather that cutting the funds is something they can do but only at great political cost to congress. I really don’t expect them to be up to paying a political price. And beyond that I believe they actually want to continue with the Iraq occupation because it is part of the imperial mindset they have. Short of a revolution I do not see how it is possible to change the imperial mindset because it is so ingrained in American thinking. We are exceptional, we are good, we do good, God is on our side, etc. ect., a tough nut to break. Thanks for the link to your piece at Mother Jones, too bad more people don’t see things that way. Of course with morons like Blitzer it makes the task of changing the mindset even more difficult, Blitzer sure is a jerk.

Posted by: rob payne at May 17, 2007 03:26 PM

One sure way to stop it is in the works. Have you heard about HR 333? I urge you and your readers to take a few minutes to look at:

http://www.usalone.com/cgi-bin/transparency.cgi?paper=1&qnum=pet45

It's a list of the 25 most recent comments made by real Americans participating in an online poll/letter-writing campaign concerning the impeachment charges recently filed against Vice President Cheney, which are now being evaluated by the House Judiciary Committee. Comments can be sent to elected representatives and local newspapers at your option. The participation page is at:

http://www.usalone.com/cheney_impeachment.php

Since this campaign began, some members of Congress have signed on as co-sponsors, in part due to hearing from their constituents. Has yours? Make your voice heard, and let others know!

Posted by: Anonymous at May 17, 2007 06:08 PM

LOOK no further than AIPAC to understand why congress will not even come close to limiting our ability to wage a war of aggression against IRAN

Posted by: at May 17, 2007 06:35 PM

I believe they won't attack Iran unless they are impeached.

I wouldn't post this again but I worry impeachment would be disastrous. I believe we are effectively blackmailed, we have to leave them in power for a few more years or they will cause even more death, suffering and destruction.

We just have to remember these are mobsters, highly-abstracted gangsters in extremely fancy clothes. Like all mobsters they will go to the mattresses if they think Barzini (the liberals) is/are getting too strong.

(except they are worse than typical mobsters, in that in their gang wars, non-gangsters are the ones who get killed). I won't bother posting my guesses as to to their rationalizations.

Posted by: Henry at May 17, 2007 09:20 PM

Henry: Don't let the hold you hostage. They intend to attack Iran no matter what and WE as CITIZENS are the ONLY ONES that can stop them.

Posted by: Mike Meyer at May 17, 2007 10:18 PM

I hope they attack Iran....


You'll see that imperial mindset go away real quick once they start shooting down are planes and conducting a missile chourus inside of Iraq.

Iran isn't a washed-up overrated U.S. puppet like Iraq was. These people (the military) have been waiting for this for decades....

Posted by: at May 18, 2007 08:25 AM

It'll be like 1972 all over again. If reality could coax Nixon, it will have its' day with the AssPACkers.

Posted by: at May 18, 2007 08:30 AM

"Iran isn't a washed-up overrated U.S. puppet like Iraq was. These people (the military) have been waiting for this for decades...."

which is exactly why I don't think they WILL attack Iran. They will do sanctions, coverts, anything else to weaken Iran, and then when they think they are weak enough, go on in there and bomb the shit out of them for some made up reason. But they are far from weak enough at this time, so unless Iran reacts when provoked (which they are not in the habit of doing) then there will be no war with Iran.

Iran is starting to send it's poor Afghan refugees back into Afghanistan to mess with the situation there. Some of those refugees have been in Iran for a decade, and I hear there are over a million of them. This is terrible for the Afghans, but it will also indirectly hurt the occupation forces in Afghanistan.

Posted by: Susan at May 18, 2007 12:02 PM

May: Why hope for an attack? Politicians DON'T fight and therefore don't get killed. Only YOUNG SOLDIERS die, people who could be your friends, neighbors, relations.

Posted by: Mike Meyer at May 18, 2007 12:04 PM

Iran would need a highly unconventional defense to be able to resist a US attack. The US rolled over Saddam in 1991. Compared to Saddam, Iran spends almost nothing on its defense, roughly $6.3 billion. Compare to the $4.5 billion price tag of a US aircraft carrier; add in the cost of the planes & materiel, and it is not clear Iran could buy a carrier with its entire annual budget. Iranian coordinated air defense won't last 48 hours. Iran won't be able to move vehicles or troops in its own territory. Fighting a conventional army is what the US military is designed to do.

For Iran to be successful against the US, it needs to be unconventional. Some of the things it could try are fomenting a Shiite uprising in Iraq, massed cruise missile attacks on US carriers, massed suicide boat attacks, and out of theatre "terrorist" attacks. Iran would need to disperse and decentralize its assets. A lot will depend on (a) how many & how good its shoulder-launched anti-aircraft weapons are, and (b) how good its cruise missiles are (do they have any of the new Russian-designed missiles?).

As for stopping Bush, the threat of exacting a political cost won't work any more. For one thing, he isn't going to stand for re-election again, as he was when the Comey-Ashcroft incident happend. In any case, there aren't any people left who have even the modicum of integrity the integrity-challenged Ashcroft had. They're all Gonzalezes now.

The framers of the Constitution anticipated Bush, and they devised impeachment as the remedy. The threat of impeachment might have worked to restrain Bush at one point, but Pelosi, et al, have taken it "off the table". In effect, Congress is bluffing with their cards turned face up. IMO, the only way to stop Bush from attacking Iran is to (a) pass a law making it illegal, (b) make sure the military understands they will be held accountable for obeying Bush's illegal orders, and (c) impeach Bush & Cheyney.

Posted by: shargash at May 18, 2007 02:00 PM

A very good piece in Mother Jones there.

Posted by: Batocchio at May 18, 2007 03:43 PM

All this is madness. Iran a theocratic regime with a governed on a messianic premise, it is the root cause of violence in Iraq, Lebanon and Palestine, and responsible for the repression of its own people as well as those of Syria and Lebanon. The key to a safer region and a safer planet is the removal of the Iranian regime. What can I make of those who oppose that? They are the ones who seem to want to prolong war and oppression.

Posted by: Michael Granoff at May 20, 2007 04:25 PM

All this is madness. Iran a theocratic regime with a governed on a messianic premise, it is the root cause of violence in Iraq, Lebanon and Palestine, and responsible for the repression of its own people as well as those of Syria and Lebanon. The key to a safer region and a safer planet is the removal of the Iranian regime. What can I make of those who oppose that? They are the ones who seem to want to prolong war and oppression.

Posted by: Michael Granoff at May 20, 2007 04:25 PM