LAT: Congress Must Stop An Attack on Iran

[liberalpragmatist]

This is big. Remember that Larry Diamond was an appointee of Condaleeza Rice for an advisory role in Iraq.

By Leonard Weiss and Larry Diamond, LEONARD WEISS is a senior science fellow at the Center for International Security and Cooperation at Stanford University. LARRY DIAMOND is a senior fellow at Stanford's Hoover Institution.

February 5, 2007

DESPITE ANGUISH and anger over the Bush administration's decision to escalate its failing war in Iraq, Congress is unlikely to cut off funding. Even most opponents of the war fear that they could be blamed for not supporting the troops in the field and for a possible descent into even greater catastrophe in the face of a precipitous U.S. withdrawal from Iraq.

...

... recklessness, not prudence, has been the hallmark of this administration's foreign policy. Beyond this, the president and vice president subscribe to what some call the "unitary executive," which is a fancy way of saying they believe that Congress cannot prevent the president from doing almost anything he wants. The 1973 War Powers Act, passed in the wake of our disastrous war in Vietnam, allows the president to put U.S. troops in a combat situation under certain conditions before obtaining any congressional authorization to do so. When Bush signed the Iraq war resolution, he issued a statement challenging the constitutionality of the War Powers Act, indicating that he could take the nation to war without obeying its restrictions. Unfortunately, even if the president were to agree to the act's restrictions, he could still attack Iran and have up to 90 days before being required to get congressional authorization for the attack.

What to do? Congress should not wait. It should hold hearings on Iran before the president orders a bombing attack on its nuclear facilities, or orders or supports a provocative act by the U.S. or an ally designed to get Iran to retaliate, and thus further raise war fever.

Sen. Joseph R. Biden Jr. (D-Del.), chairman of the Senate Foreign Relations Committee, has warned the administration that it had better seek congressional authorization for any attack on Iran. But we need Senate and House hearings now to put the Bush administration on notice that, in the absence of an imminent military attack or a verified terrorist attack on the United States by Iran, Congress will not support a U.S. military strike on that country. Those hearings should aim toward passage of a law preventing the expenditure of any funds for a military attack on Iran unless Congress has either declared war with that country or has otherwise authorized military action under the War Powers Act.

The law should be attached to an appropriations bill, making it difficult for the president to veto. If he simply claims that he is not bound by the restriction even if he signs it into law, and then orders an attack on Iran without congressional authorization for it, Congress should file a lawsuit and begin impeachment proceedings.

...

http://www.latimes.com/news/opinion/la-oe-weiss5feb05,0,4991100.story?coll=la-opinion-rightrail

[Bucky]

1. James Wilson at the 1787 Convention

"The executive power is better to be trusted when it has no screen. Sir, we have a responsibility in the person of our President; he cannot act improperly, and hide either his negligence or inattention; he cannot roll upon any other person the weight of his criminality; no appointment can take place without his nomination; and he is responsible for every nomination he makes... far from being above the laws, he is amenable to them in his private character as a citizen, and in his public character by impeachment."

--James Wilson

[TexasLawyer]

2. A somewhat different take by Diamond in the CS Monitor

From the February 06, 2007 edition

Iran's weakened hard-liners crave a US attack

But rather than giving them war, Washington should offer comprehensive negotiations.

By Abbas Milani, Larry Diamond, and Michael McFaul

STANFORD, CALIF. - From the rhetoric of President Bush to his dispatch of Patriot air-defense systems and a second carrier battle group to the Persian Gulf, there are growing signs that the Bush administration is showing its willingness to solve the Iranian nuclear crisis with a preemptive military attack. The already tense US-Iran relationship is now a tinderbox.

Secretary of Defense Robert Gates was correct in stating recently that Iran is "acting in a very negative way" in the Middle East. The Islamic Republic trains and supports Hizbullah and Hamas. It provides aid and explosives to Iraqi Shiite militias who attack American soldiers. Most alarming, it seems determined to develop a nuclear bomb. This panics moderate Arab states and poses an existential threat to Israel. The ruling mullahs in Tehran terrorize their own citizens, especially pro-democracy groups.

Bombing Iran, however, will not resolve any of these dangers – it would exacerbate them. But where military strikes would fail, containment and comprehensive negotiations would succeed.

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http://www.csmonitor.com/2007/0206/p09s01-coop.html