Webb's Iran proposal also a victim

While we all shake our heads at the abysmal manner in which the Democratic Congress has abdicated its obligations and clear mandate from the American people with regards to Iraq and the supplemental spending bill, let's not take our eyes of yet another significant capitulation.

Sen. Jim Webb introduced an amendment to the Iraq supplemental bill in March that would have required the president to seek congressional approval before using military force in Iran. DB wrote about this yesterday, if you want more details.

Today, DB has learned that Webb's amendment, which according to the Senate's web site, has a status of "read twice and referred to the Committee on Foreign Relations" is essentially a dead letter. It was determined to be "not germane" to the bill to which it was intended to be attached, namely the Iraq supplemental.

So Congress isn't simply giving Bush a blank check for Iraq. They've completely punted on Iran as well.

Joe Biden had this to say to Condoleezza Rice back in January:

Secondly, I also want to make it clear, as chairman of the committee, that I feel very strongly that the authorization of the use of force in the provision that the Senator [Webb] read from it explicitly denies you the authority to go into Iran. Let me say that again: explicitly denies you the authority to go into Iran. We will fight that out if the President moves but I just want the record to show, and I would like to have a legal response from the State Department that if they think they have authority to pursue networks or anything else across the boarder into Iran and Iraq [Syria] that will generate a Constitutional confrontation here in the Senate, I predict to you. At least I will attempt to make it a confrontation.

But we already know Bush thinks he has the authority. He offered our military to Tony Blair when the British sailors were captured by Iran in March. He's authorized covert operations in Iran right now. There are indications that he is developing a plan for a full-scale military conflict.

What is Biden waiting for? A letter from Rice spelling it out?

UPDATE: Yikes! Just read this post by Steve Clemons. Seriously, read it.

UPDATE II: So much for "germane."

The measure also adds $17 billion Bush did not request, including funds for military and veterans health and hurricane recovery, and increases the federal minimum wage.

[...]

It includes $6 billion for hurricane recovery plus funds for drought relief for farms, health insurance for poor children, the war in Afghanistan, mine-resistant military vehicles, readiness of U.S. military forces still in the United States, homeland defense and military and veterans' health care.

The bill also increases the federal minimum wage for the first time in a decade, from $5.15 to $7.25 over two years.

Why is the Senate avoiding the Iran issue?

Via ThinkProgress, DB sees that there is the semblance of a pulse in the Senate with regards to Iran:

Majority Leader Harry Reid (D-NV) and Sens. Carl Levin (D-MI), Jay Rockefeller (D-WV), and Joe Biden (D-DE) write President Bush: “Congress needs to have greater confidence that the Administration is not mismanaging Iran policy as it has mismanaged its Iraq policy.”

Swell. But what about this amendment, S. 759, introduced by Sen. Webb on March 5, to be added to the Iraq supplemental bill?

Specifically, the amendment requires that the President seek congressional authorization prior to commencing any broad military action in Iran and it allows the following exceptions: First, military operations or activities that would directly repel an attack launched from within the territory of Iran. Second, those activities that would directly thwart an imminent attack that would be launched from Iran. Third, military operations or activities that would be in hot pursuit of forces engaged outside the territory of Iran who thereafter would enter Iran. And finally, those intelligence collection activities that have been properly noticed to the appropriate committees of Congress.

Here's the amendment's current status:

Latest Major Action: 3/5/2007 Referred to Senate committee. Status: Read twice and referred to the Committee on Foreign Relations.

Do they need to read it again? If so, here it is:

SECTION 1. PROHIBITION ON USE OF FUNDS FOR MILITARY OPERATIONS IN IRAN.

(a) Prohibition- Notwithstanding any other provision of law, no funds appropriated or otherwise made available by any Act, including any Act enacted after the date of the enactment of this Act, may be obligated or expended for military operations or activities within or above the territory of Iran, or within the territorial waters of Iran, except pursuant to a specific authorization of Congress enacted in a statute enacted after the date of the enactment of this Act.

(b) Exceptions- The prohibition in subsection (a) shall not apply with respect to military operations or activities as follows:

(1) Military operations or activities to directly repel an attack launched from within the territory of Iran.

(2) Military operations or activities to directly thwart an imminent attack to be launched from within the territory of Iran.

(3) Military operations or activities in hot pursuit of forces engaged outside the territory of Iran who thereafter enter into Iran.

(4) Military operations or activities connected with the intelligence or intelligence-related activities of the United States Government.

(c) Report- Not later than 24 hours after determining to utilize funds referred to in subsection (a) for purposes of a military operation described in subsection (b), the President shall submit to the appropriate committees of Congress a report on the determination, including a justification for the determination.

(d) Appropriate Committees of Congress Defined- In this section, the term `appropriate committees of Congress' means--

(1) the Committees on Armed Services and Foreign Relations and the Select Committee on Intelligence of the Senate; and

(2) the Committees on Armed Services and Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.

What's the hold up? Bush has already been trying to use force in Iran. Why is Congress waiting until it's too late to assert their authority here?

We did not elect Tony Blair

(Cross-posted at Daily Kos)

Back in January, Senator Biden (D-DE) told Secretary of State Condoleezza Rice, in no uncertain terms, that he felt the president did not have the Constitutional authority to go to war with Iran.

Secondly, I also want to make it clear, as chairman of the committee, that I feel very strongly that the authorization of the use of force in the provision that the Senator [Webb] read from it explicitly denies you the authority to go into Iran. Let me say that again: explicitly denies you the authority to go into Iran. We will fight that out if the President moves but I just want the record to show, and I would like to have a legal response from the State Department that if they think they have authority to pursue networks or anything else across the boarder into Iran and Iraq [Syria] that will generate a Constitutional confrontation here in the Senate, I predict to you. At least I will attempt to make it a confrontation.

On several occasions, Rice has been asked whether the president would come back to Congress for authorization, and each time she has refused to answer the question, other than to declare that she will not "circumscribe" or "constrain" the President's authority as Commander in Chief. Glenn Greenwald has documented some of those interactions here (on his old blog).

DB's contribution to this discussion was to remind people that the President already asked for the authority to attack Iran and Syria and was absolutely denied. Senator Hagel (R-NE) recently confirmed this to be true.

So that left us with a scary hypothetical. What if the Bush administration decides, for whatever reason, that they want to initiate a war with Iran? Will they go to Congress to ask for the authority? Will the president brazenly declare that he doesn't need the authorization? Or will there be some incident involving American troops or civilians, requiring an immediate military response, pulling us into a war, but saving the administration from having to deal with pesky old Congress?

While DB was on vacation in London, Iran captured 15 British sailors. Happily, the British have cooler heads than the people responsible for American foreign policy, and the situation was resolved without an unnecessary armed conflict escalating into God only knows what kind of war. I thought, as did many I'm sure, that it was a very good thing that those weren't American sailors. I had little doubt that our hypothetical would have been answered -- we would have had the incident the administration required to expand the war to yet another country, possibly with nuclear ramifications. Instead, it seemed, we will still have to wait for an answer and hope that nothing horrible happens.

As it turns out, we may already have an answer. If this story in last Saturday's Guardian is to be believed, the Bush administration was already prepared to go to war with Iran without asking Congress and without even using a threat to American troops or citizens to justify expanding the war.

The US offered to take military action on behalf of the 15 British sailors and marines held by Iran, including buzzing Iranian Revolutionary Guard positions with warplanes, the Guardian has learned.

In the first few days after the captives were seized and British diplomats were getting no news from Tehran on their whereabouts, Pentagon officials asked their British counterparts: what do you want us to do? They offered a series of military options, a list which remains top secret given the mounting risk of war between the US and Iran. But one of the options was for US combat aircraft to mount aggressive patrols over Iranian Revolutionary Guard bases in Iran, to underline the seriousness of the situation.

The Pentagon was offering military options. Was Congress notified? Did Senators Biden or Hagel know this? Was anybody outside of the Cheney cabal told that it was up to Tony Blair to decide whether or not America would be involved in a new war?

If you live in Delaware or Nebraska, you should call Biden or Hagel and find out if they knew this was happening and, if not, if they plan on asking President Bush to explain why the Prime Minister of England has more say in the lives of their constituents and U.S. troops than they do. If there was ever a reason for Congress to ask questions, this is it.

UPDATE: Greenwald reminds us, via TPM, that Senator Jim Webb (D-VA) had been unsuccessful at getting "a clear response" from Condi. Does he have his answer now?