At this writing, President Obama has neither the legal nor the political mandate to conduct airstrikes in Iraq or Syria.
On Thursday night, 182 Members of the House voted yes on Representative Barbara Lee’s amendment defunding the use of the 2002 Iraq Authorization for the Use Military Force. Among those 182 Members were 151 Democrats – 81 percent of the Democrats voting – including Minority Leader Pelosi and House Minority Whip Hoyer. By voting yes on Rep. Lee’s amendment, these Members of the House affirmed that they oppose invocation of the Iraq AUMF to justify US military action in Iraq today.
The 182 was not a majority of Members voting. But it is similar to the number of Members of the House – 192 – who urged President Obama to come to Congress for authorization before bombing Syria last August.
Some people claim that President Obama has the legal authority to bomb Iraq under the 2002 Iraq AUMF or under the 2001 AUMF passed after the September 11 attacks. Among other places, this claim is refuted here and here.
But regardless of whether we can agree that President Obama does not have the authority to bomb Iraq or Syria in a legal sense, as a political matter he should come to Congress for authorization anyway.
Indeed, when President Obama came to Congress for authorization to bomb Syria, he never conceded that he was legally bound to do so. He only conceded that it was appropriate to do so.
This is what President Obama said on August 31:
Our military has positioned assets in the region. The Chairman of the Joint Chiefs has informed me that we are prepared to strike whenever we choose. Moreover, the Chairman has indicated to me that our capacity to execute this mission is not time-sensitive; it will be effective tomorrow, or next week, or one month from now. And I’m prepared to give that order.
But having made my decision as Commander-in-Chief based on what I am convinced is our national security interests, I’m also mindful that I’m the President of the world’s oldest constitutional democracy. I’ve long believed that our power is rooted not just in our military might, but in our example as a government of the people, by the people, and for the people. And that’s why I’ve made a second decision: I will seek authorization for the use of force from the American people’s representatives in Congress.
Over the last several days, we’ve heard from members of Congress who want their voices to be heard. I absolutely agree. So this morning, I spoke with all four congressional leaders, and they’ve agreed to schedule a debate and then a vote as soon as Congress comes back into session.
In the coming days, my administration stands ready to provide every member with the information they need to understand what happened in Syria and why it has such profound implications for America’s national security. And all of us should be accountable as we move forward, and that can only be accomplished with a vote.
[…]
Yet, while I believe I have the authority to carry out this military action without specific congressional authorization, I know that the country will be stronger if we take this course, and our actions will be even more effective. We should have this debate, because the issues are too big for business as usual. And this morning, John Boehner, Harry Reid, Nancy Pelosi and Mitch McConnell agreed that this is the right thing to do for our democracy.
If that was true of bombing Syria then, it is true of bombing Iraq or Syria now. Many Members of the House are extremely wary of deeper US military involvement in Iraq or Syria. On Thursday night the House passed by voice vote the Conyers-Yoho amendment prohibiting the Administration from transferring MANPADS to insurgents in Syria, and 167 Members voted for Rep. Fortenberry’s amendment to prohibit all weapons transfers to insurgents in Syria. Before using military force in Iraq or Syria, the President should come to Congress with a specific plan and get explicit Congressional approval for it.
You can tell President Obama and Congress that there should be a full and public Congressional debate and vote before the President uses force in Iraq here.
We’re not backing down in the face of Trump’s threats.
As Donald Trump is inaugurated a second time, independent media organizations are faced with urgent mandates: Tell the truth more loudly than ever before. Do that work even as our standard modes of distribution (such as social media platforms) are being manipulated and curtailed by forces of fascist repression and ruthless capitalism. Do that work even as journalism and journalists face targeted attacks, including from the government itself. And do that work in community, never forgetting that we’re not shouting into a faceless void – we’re reaching out to real people amid a life-threatening political climate.
Our task is formidable, and it requires us to ground ourselves in our principles, remind ourselves of our utility, dig in and commit.
As a dizzying number of corporate news organizations – either through need or greed – rush to implement new ways to further monetize their content, and others acquiesce to Trump’s wishes, now is a time for movement media-makers to double down on community-first models.
At Truthout, we are reaffirming our commitments on this front: We won’t run ads or have a paywall because we believe that everyone should have access to information, and that access should exist without barriers and free of distractions from craven corporate interests. We recognize the implications for democracy when information-seekers click a link only to find the article trapped behind a paywall or buried on a page with dozens of invasive ads. The laws of capitalism dictate an unending increase in monetization, and much of the media simply follows those laws. Truthout and many of our peers are dedicating ourselves to following other paths – a commitment which feels vital in a moment when corporations are evermore overtly embedded in government.
Over 80 percent of Truthout‘s funding comes from small individual donations from our community of readers, and the remaining 20 percent comes from a handful of social justice-oriented foundations. Over a third of our total budget is supported by recurring monthly donors, many of whom give because they want to help us keep Truthout barrier-free for everyone.
You can help by giving today. Whether you can make a small monthly donation or a larger gift, Truthout only works with your support.