Balkinization  

Tuesday, August 11, 2015

Is Scott Walker Running for Dictator?

Sandy Levinson

Scott Walker has announced that he will be prepared to go to war against Iran on his first day of office, presumably after "tearing up" the Iran agreement.  There can be little doubt that the next president, even an uneducated lout like Gov. Walker, has the constitutional power to tear up the agreement.  As Marty Lederman has ably demonstrated, the Deal is neither a treaty nor even an executive agreement truly binding on the United States.  It is, I think it's fair to say (though Marty will correct me if I'm wrong)* a memorandum or understanding between the current President and Iran (and the other signatories) as to what they will do in the relatively near future should certain contingencies take place, i.e., life those sanctions the President has unilateral authority to lift in return for Iran's agreeing to comply with the deal.  And so forth.  So the question is whom we might be trusting to make such determinations in the future, insofar as the Iran Deal, whatever one thinks of it, highlights the power of the Executive Branch vis-a-vis Congress, certainly as a practical matter, perhaps as a constitutional matter.

But the threat to use military force on day one is something entirely different, unless one adopts the most extravagant theories of Hanoverian Monarch-like presidential power attached to John Yoo.  Given that there is no plausible fear that Iran would engage in a military attack on the US (or even any of its NATO allies) on January 20, 2017, it would be impossible for a new president to claim whatever authority presidents have to engage in "defensive" wars.  It would be an act of aggression against Iran based on a theory of preventive war.  Perhaps that would be a good idea (though I personally think it is near-lunatic).  But the point is that only a dictator would claim such an authority to go to war without congressional approval.  Now it's possible that if mad-dog Republicans not only win the presidency but retain control of Congress, then the new Congress that convenes early in January, 2017 will pass a new AUMF that will offer the incoming president a true blank check to go to war (at least against Iran) whenever he thinks the circumstances warrant.  I would hope that Democrats would filibuster any such proposal, though one never knows what Chuck Shumer, who might, God forbid, have become the Senate minority leader by that point, would do.  I'm sure that Sheldon Adelson would support such a bill.  But, in the absence of congressional authorization--and I hope that no serious person would argue that the existing AUMF would provide any such authorization--President Walker would be without power to order an attack on Iran.  Indeed, if we tear up the agreement, it is unclear to me how he could unilaterally order an attack even if Iran moved closer to having nuclear weapons.  But we've gotten so used to assertions of unilateral presidential power, from presidents of both parties, that perhaps we'd take that in stride.

*UPDATE:  Marty, a far more meticulous lawyer than I am, did indeed send me a valuable correction:



[I]t's a bit misleading in one discrete but important sense:  The JCPOA is most certainly not a deal between "the current President" and Iran, nor is it limited to the "relatively near future."  It is a deal on behalf of the United States (the President is not mentioned in it), and it lasts well into the future--committing the good faith of the U.S., and Iran, and the other states, to do certain things.  They are national and long-term commitments, not personal and short-term.  But as I discuss in the first post, they are "merely" moral and political commitments -- not legal ones.  And therein lies all the difference for U.S. constitutional purposes.  Hope that helps clarify.

What I find especially interesting about this--and, let me repeat, I am more than happy to accept Marty as the definitive authority on this matter--is his comment that the commitments are "'merely' moral and political commitments--not legal ones."  I don't know how many other readers are old enough to remember New York's issuing so-called "moral obligation bonds," I think during the Rockefeller administration, where the whole point was that one had basically to trust New York to keep its promise rather than on the possibility of legal enforcement.  Indeed, a web site offers the following comments about such bonds:

DEFINITION of 'Moral Obligation Bond'
A type of revenue bond issued by a municipality or similar government body. A moral obligation bond not only gives investors the tax exemption benefits inherent in a municipal bond, but also provides an additional moral pledge of commitment against default. The issuing body's commitment is supported by a reserve fund established to meet any debt service costs the government may be unable to make.

INVESTOPEDIA EXPLAINS 'Moral Obligation Bond'
It is important to note that with a moral obligation bond, the additional security provided by the government is only morally - and not legally - binding. However, the pledge is generally regarded as being as credible as a legally binding promise because the issuing government would face negative credit rating effects if it failed to honor the pledge.

I have no idea if New York has in fact ever defaulted on a bond that it was "legally" required to pay, since I am assuming that there would in fact be the high reputation costs that are suggested above.  Similarly, I'm absolutely positive that Secretary of State Kerry is absolutely correct that if Scott Walker (or anyone else) simply walked away from a deal that had, by stipulation, gotten through the process established by Congress with regard to the allocation of power between Congress and the President, that the United States would find itself absolutely isolated in the world community (save for Israel, assuming it were still run by a Likud government--or worse).  This raises further questions, well beyond the scope of this posting, about the relevance of what Madison so often called "parchment barriers"--i.e., "law"--in actually explaining what governments do.  I take it that Marty and I both agree that the "moral and political commitments" should be (more than) enough to assure U.S. compliance, assuming, of course, Iranian compliance.  I don't know if Marty agrees or not that at some level it really wouldn't matter all that much if it were a treaty or executive agreement, since they can always be renounced, see, e.g., Taiwan in the Carter Administration or the ABM treaty in the Reagan Administration. 

Comments:

Scott Walker has announced that he will be prepared to go to war against Iran on his first day of office, presumably after "tearing up" the Iran agreement.

Not this again. Huffpost started offering this nonsense a few weeks ago.

Sandy, voiding Mr. Obama's legally unenforceable surrender to Iran hardly means that a hypothetical President Walker would go to war. In your linked interview, Walker is talking about increasing US sanctions on Iran.

When pressed on the fact that sanctions against Iran were successful because the regime was squeezed not just by the U.S, but by other countries around the world who would no longer go along with sanctions, Walker insisted he would increase U.S. sanctions anyway.

"The U.S. putting sanctions would have an impact on others, so they'd have to consider what impact it would have on relations that they do with Iran and the impact it would have on their own economy," the Wisconsin governor said. "So I do think over time it's a little like getting a genie back into a bottle. It's not a perfect solution, but it's all the more reason why I've tried to argue and I would hope the Democrats in the Congress would stand up as many already have and say we need to kill this deal before it even goes forward because it's a bad deal for America, it's a bad deal for Israel, it's a bad deal for the world."


If war becomes necessary, it is useful to note that "mad-dog Republican" presidents have been the only ones to go to Congress for an AUMF over the past generation.

I would hope that Democrats would filibuster any such proposal

Can you filibuster a resolution to declare war under the current Senate rules?

A better approach would be to give Iran 90 days to cease all uranium enrichment and agree to an any time any place inspection regime by a team with representatives from of all the Security Council members or the US will impose an air and naval blockade of all trade in and out of Iran under the self defense provision of the UN articles and past UN resolutions forbidding Iraq to develop nuclear weapons. Invite all the Gulf nations and Egypt to participate.

Worked for JFK, it would work for a President Walker.
 

Well, I read the article you linked to, and it doesn't say anything about Walker going to war. Maybe he said that somewhere else?

With regard to the constitutional issue that is the ostensible subject of your post, it should be noted that the incumbent president has used military force in quite a few places- Afghanistan, Pakistan, Iraq, Syria, Yemen, Libya and at least one other place in Africa, I believe (Sudan, Somalia, maybe both?) Some of these are clearly or arguably authorized by Congress- others not so much. So while I agree that it would be constitutionally problematic for a presidential candidate to announce that he or she would start a war on day 1 of his presidency, I am not quite sure how I would distinguish this from the many other constitutionally problematic things that go on routinely.


 

The link provided is to a collection of articles that report his remarks.

Not clear what he supposedly is saying. The OP summarizes: "Scott Walker has announced that he will be prepared to go to war against Iran on his first day of office, presumably after "tearing up" the Iran agreement."

I didn't see the "prepared to go to war" part but I guess -- again, not sure what statement you are talking about exactly -- the idea is that if you pull out of the deal on the first day that it MIGHT result in war? This is after all the implication of some supporters -- the deal is needed in part since otherwise it can lead ultimately (worse case scenario) to war.

Or, perhaps it was some bland statement that IF war is necessary, he would be ready for it? I don't see anything where he said crystal clear that he WOULD start a war 1/20/17. Reference is made to the AUMF. But, again, not sure what Walker said. If war was necessary, e.g., as a matter of self-defense, the AUMF would not be necessary to authorize it.

I find the OP a bit confused, with respect.
 

But the threat to use military force on day one is something entirely different, unless one adopts the most extravagant theories of Hanoverian Monarch-like presidential power attached to John Yoo.

I think you mean the Stuarts. The Hanoverians were much more limited in their prerogative powers.
 

"Speaking to reporters here Saturday after an appearance at the Family Leadership Summit, Walker said the next president will need to be prepared to take aggressive action against Iran, “very possibly” including military strikes, on the day he or she is inaugurated..." http://m.weeklystandard.com/blogs/bush-vs-walker-catches-fire-over-iran-nuclear-deal_994073.html

Sound to me like he's willing to go to war with Iran on Day 1.

The larger question about Walker, though, is contained in the headline, and the answer is "yes." Walker has a Nixonian disdain for democracy and the concept of legitimate opposition. His first move is to destroy or at least cripple his opposition, hence Act 10 and Voter ID being his very first initiatives as Governor. He's the scariest of the bunch of candidates for the Republican nomination - including Trump. He's the one most likely of all of them to call up the military and put the opposition in jail in the event of another 9/11.
 

bratschewurst:

Walker did not say that he planned to go to war with Iran on his first day in office. Rather, the Wisconsin governor said in his candidacy announcement that he would “terminate the bad deal with Iran on the very first day in office, put in place crippling sanctions and convince our allies to do the same.” This is the same pledge he made in Sandy's linked article.

The comments Walker made at the Family Leadership Summit that the next president needed to be able to conduct military operations on his first day on the job were a shot at Bush for saying that he would have to assemble a staff before he would even consider reversing the Obama surrender to Iran.
 

Is it suggested that Jeb! is too cautious and Walker not cautious at all? This intra-party squabbling/posturing may bring in the views of the other 15 GOP announced candidates, so we can find out who has the itchiest trigger finger, usually at the expense of not only other people's money but other people's children as well.

And add to this Jeb!'s blaming Hillary for the Middle east problems after they had been resolved by his brother (and Cheney). So Jeb! is tripling up (HW in addition to W) the Bush family tradition. Perhaps some of the other 16 candidates may not be so easy on W. This should result in another round of intra-party squabbling/posturing, say anything, to get a chance at being nominated. If the current field of 17 GOP candidates fails in 2016 as 7+ did in 2012, would this lead to an even greater number for 2020? Progression in numbers is not necessarily political progress.
 

Shag: Progression in numbers is not necessarily political progress.

True.

This remarkable progression of the number of GOP candidates for president is more a function of the weakness of the Democrat opposition than anything else.

Now that the self-proclaimed socialist Bernie Sanders has taken his first polling lead over the rapidly imploding Hillary Clinton, it would not surprise me if two to three more Republicans throw their hats into the ring.

You cannot make this stuff up.
 

This remarkable progression of the number of GOP candidates for president is more a function of the weakness of the Democrat opposition than anything else.

# posted by Blogger Bart DePalma : 10:08 AM


Sparky, when Donald Trump is crushing all your other candidates the "weakness" of the opponent isn't really a factor.
 

You cannot make this stuff up.
# posted by Blogger Bart DePalma : 10:08 AM


Seriously, Trump is crushing the GOP field. You cannot make this stuff up.
 

BB:

Around 1/5 of registered voters is not "crushing."
 

Around 1/5 of registered voters is not "crushing."
# posted by Blogger Bart DePalma : 11:26 AM


It is when it's significantly more than anyone else in the GOP Klown Car.
 

Our own 'rhoidless WFCOIO's:

"You cannot make this stuff up."

is true about me but is the consistency of our own 'rhoidless WFCOIO.
 

BB:

Trump has about 5% more than his closest challengers in registered voter polling. This is mostly a function of hogging the press coverage.

If I were a GOP candidate, I would be planning a long national game because it is unlikely that any of the candidates will wrap this up quickly. So far, Cruz and Bush appear to be the only ones doing this. The others are concentrating on IA and NH.
 

Like elections guru Nate Silver, I am not taking Trump seriously because he has sky high unfavorables.

http://fivethirtyeight.com/datalab/donald-trump-is-winning-the-polls-and-losing-the-nomination-2/
 

Like elections guru Nate Silver, I am not taking Trump seriously because he has sky high unfavorables.

http://fivethirtyeight.com/datalab/donald-trump-is-winning-the-polls-and-losing-the-nomination-2/
# posted by Blogger Bart DePalma : 11:50 AM


I'm well aware that Trump is mostly hated. But he's still the highest polling Klown in the car. There is just no way to paint a smiley face on that pig.
 

Walker is not the only candidate who has asserted that if elected they will exercise dictatorial powers:

"[As President, Ted Cruz will defund Planned Parenthood and instruct the Department of Justice to investigate and prosecute any and all of its illegal activities.”

http://www.msnbc.com/msnbc/cruz-vows-prosecute-and-defund-planned-parenthood-new-video

Asked by another reporter how he would stop abortion, and whether this would mean using the FBI or federal forces ... Huckabee replied: “We’ll see, if I get to be president.”

http://cjonline.com/news/2015-07-31/mike-huckabee-republican-presidential-candidate-wont-rule-out-employing-us-troops




 

Unknown:

I know this may seem like an alien concept during the Obama administration, but the President's job is to faithfully enforce the laws of Congress. Those include the laws against infanticide and the selling of baby body parts, even if the perps are large donors to one of the major parties.
 

Did Bush/Cheney faithfully execute the laws by lying about the reasons/justification to invade Iraq, resulting in many deaths, loss of limbs and substantial loss of fisc increasing deficits and contributing to the financial debacle of the Bush/Cheney Great Recession of 2007-8? It seems our own 'rhoidless WFCOIO is an alien concept. He tosses off accusations of infanticide in obviously overlooking abortion rights under the Constitution. Fetus body parts differ legally from baby body parts. As to the latter, does our 'rhoidless WFCOIO object to parents of a deceased baby making body parts available to help save the lives of sick babies? Fetus body parts can also be made available for many legitimate medical/scientific purposes that can save lives. The use of "selling" is quite a leap, even for an alien concept. Unknown was addressing possible examples of the exercise of dictatorial powers based on statements made by Cruz and Huckabee, if either got to be president. But our own 'rhoidless WFCOIO as usual went off on a diatribe tangent.
 

Shag:

Bush did not lie concerning the evidence of Iraqi violations of the Persian Gulf War ceasefire, a bipartisan super majority of Congress (including Hillary Clinton) authorized war, and every single soldier who went to war was a volunteer. Poor analogy to killing children in utero and sometimes reportedly after birth (infanticide) to sell their body parts.

The Constitution nowhere provides for a right to abortion. That is a legal fiction of the courts.

Selling is no leap at all. Multiple ghouls, er doctors at Planned Parenthood have been caught on video haggling over the prices they would charge to provide the body parts. They obviously were not speaking about standard "storage fees."

A president who actually enforces the laws of Congress against infanticide and selling body parts is not a dictator, that president is doing his or her appointed job under the Constitution.
 

"surrender to Iran"

What ridiculous hyperbole. Even if you think we gave away too much for too little in the deal (I don't btw), saying that by it we are 'ceas[ing] resistance to Iran and submit[ing] to their authority' is wildly idiosyncratic at best, dishonest or autistic at worst. Your propensity to abuse language like this, trying to cash in on the emotional political import of the word while using a definition that wouldn't register in the accepted understanding of its meaning is strengthening the idea you're just engaged in dishonest propaganda. To use your own level of hyperbole, it's Brownshirt level tactics.
 

"They obviously were not speaking about standard "storage fees.""

Why would this be obvious? Differing prices quoted in different circumstances, especially in 'off the cuff' discussions hardly would make the conclusion there's not a non-profit motive at issue. If I called my local YMCA and asked them how much 'swimming lessons' would cost I bet I'd get quoted a range covering a variety of different possible lessons of varying length, intensity, age group, commencement times, etc. That wouldn't mean my local Y is operating for a profit.

"The Constitution nowhere provides for a right to abortion."

Of course it does. It's right after the section about equal dignity of the states and the anti-commandeering clause.

"to sell their body parts"

As a libertarian you don't think that a market, even a for profit market, in organ sales should be allowed? Or are you relying on begging the initial question re: abortion as 'murder?'
 

"Bush did not lie concerning the evidence of Iraqi violations of the Persian Gulf War ceasefire"

Even if one were to accept this, that wasn't the only justification for the war that the American people were fed by members of the administration.
 

Mr. W:

"surrender to Iran" >> What ridiculous hyperbole..

Obama gave up every single one of his red line requirements for Iran from no uranium enrichment to any time, any place inspections, as well as every single peaceful economic sanction tool to ensure Iranian compliance with what little they did agree to.

Please do not insult my intelligence by noting the claim that sanctions will "snap back" when Iran violates the surrender. The Security Council has already repealed the international sanctions regime. The chances of one or more of Russia, China, France, Germany or even an Obama UN representative vetoing new sanctions is a near certainty.

Thus, we could justifiably expand the descriptor of this agreement to "abject surrender."

Comparisons between Obama and Chamberlain at Munich are unfair to Chamberlain, who traded away Czechoslovakia to buy time for the UK to prepare for war with a predatory fascist regime. In contrast, Obama has made it quite clear than he has no intention of ever using economic and certainly not military force to stop the Iranian fascist rampage around the Middle East.

"They obviously were not speaking about standard "storage fees."" >> Why would this be obvious?"

Standard fees are, well, standard. The PP ghoul would simply tell the body part buyer what their fees were for storing tissue. Instead, the ghouls haggled over a price as one of them joked about wanting a Lamborghini.

Later videos revealed that PP never stored anything and instead the buyers were the parties dissecting the dead children for body parts and transporting them back for resale. The last two videos offer the testimony of one of the body part buyer employees.

The video enjoined by a CA judge at the request of one of these buyers reportedly includes evidence of infanticide - delivering live children and killing them to better preserve the body parts.

Do you actually defend this ghastly business???

"to sell their body parts" >> As a libertarian you don't think that a market, even a for profit market, in organ sales should be allowed? Or are you relying on begging the initial question re: abortion as 'murder?'

Abortion is by definition homicide - the killing of a human being. However, you do not need to go there to address this question.

You own your body and can consent to give your body parts to others. Unborn and most born children cannot give knowing consent.

"Bush did not lie concerning the evidence of Iraqi violations of the Persian Gulf War ceasefire" >> Even if one were to accept this, that wasn't the only justification for the war that the American people were fed by members of the administration.

Every single allegation that the Bush administration and a super majority of Congress levied against Iraq was a violation of the ceasefire agreement. A ceasefire is not a peace treaty. We had been in a state of suspended war with Iraq since 1991 and had a decade's worth of proven causus belli upon which to restart hostilities to finish that war.
 

Our own 'rhoidless WFCOIO ignores Bush/Cheney claims/lies of Iraq responsibility for 9/11, WMDs, Mushroom Clouds, etc, including in the UN presentation by Colin Powell, lies, lies. W denied that the invasion was revenge for the threat against his father. Were Congress's post-9/11 votes and actions based upon the ceasefire from Gulf I? No, our own 'rhoidless WFCOIO is engaging in blatant revisionism, which is apparently the track being taken by Jeb! currently in his efforts to revive his campaign. Bush/Cheney couldn't sell the American people on invading Iraq some 2+ years after 9/11 on a "ceasefire violation."

T-RUMP is leading the GOP candidates because of the ilk of our 'rhoidless WFCOIO, the haters, the Tea Partiers, those who walked in lockstep with Bush/Cheney for 8 years, with consensus rhetoric of more war in the Middle East, as I noted before, with other people's money and other people's children.
 

"What ridiculous hyperbole."

When Mr. W. regularly shows some fatigue at your arguments, you might have gone a bit too far.
 

Every single allegation that the Bush administration and a super majority of Congress levied against Iraq was a violation of the ceasefire agreement. A ceasefire is not a peace treaty. We had been in a state of suspended war with Iraq since 1991 and had a decade's worth of proven causus belli upon which to restart hostilities to finish that war.
# posted by Blogger Bart DePalma : 8:25 PM


And yet the Bush administration still felt the need to lie their way into an invasion.

Pro Tip:

When you have to lie your way into war, you probably should reconsider going to war.

 

A must read at TPM, Stanley Aronowitz's "The Real Reason Trump Embarrasses The GOP":

http://talkingpointsmemo.com/cafe/trump-gop-establishment-money-influencing-politicians

having to do with why the wealthy make campaign contributions.

Also, a recent article in the NYTimes introduced me to the term "cuckservative" as a pejorative used by GOP white supremacists aimed at many of the GOP presidential candidates as too weak on immigration and certain other redneck issues, but not aimed at "The Donald." The "cuck" part of this term references "cuckold." But it could equally reference "cuckoo," which is self-descriptive of these GOP complainants.

Rather, I would lump all of these as "Kochsuckers."
 

It was only a few threads ago at this Blog that our 'rhoidless WFCOIO was reviving his from time to time Chicken Little "The Sky Is Falling!" routine, this time lambasting both political parties. But now, our own 'rhoidless WFCOIO is back with the Republican Party talking points, although he has not clearly identified which of the 17 GOP candidates he is supporting, except that he is not (for now) with T-RUMP who espouses racist anti-immigrant screeds in the manner of our 'rhoidless WFCOIO's mentor Tom-Tom Tancredo. He seems to ignore 9/11, focusing instead on Iraq's ceasefire violations of Gulf I. One need only to go into the archives of this Blog during the time of the Bush/Cheney Administration to note his comments on justification for the invasion of Iraq in 2003. As noted in earlier comments, our own 'rhoidless WFCOIO's consistencies are only in his inconsistencies.

So the sky may still be falling for our own 'rhoidless WFCOIO, but he is all aboard the 2016 GOP Clown Limo.

As for T-RUMP, note how Roger Ailes at Fox has stopped the bleeding of Megyn Kelly's "whatever" with in effect a tourniquet around her journalistic neck. I wonder if these misogynists hugged and made nice.
 

It should be pointed out that during the Clinton Administration, many neocon hawks from George H. W.'s Administration implored Clinton to in effect get back into Iraq and finish the job that H. W. and his DOD Dick Cheney had justified stopping. Of course, that was before 9/11. Then when SCOTUS "elected" W in 2000 (5-4). many of these neocon hawks were part of W's Administration and had expressed desires on taking down Saddam well before 9/11. And 9/11 became an excuse, so the p.r. started on Saddam's non-existent role in 9/11, further expanded to Mushroom Clouds with WMDs, etc.

So perhaps Jeb!'s role is to cleanse 41 and 43 of what they wrought that has exacerbated the situation in the Middle East. Jeb! blames Clinton as Sec'y. of State. Next he will blame hubby Bill for not heeding the neocon hawks' advice on iraq and Saddam.

Yes, with the 2016 GOP Clown Limo presidential campaign, the military/industrial complex is alive - but not well.
 

"Thus, we could justifiably expand the descriptor of this agreement to "abject surrender."

On April 9th, 1865, a weary and defeated Robert E. Lee met with General Grant. They agreed to terms whereby Lee's army would leave their artillery and 'public property,' his officer's would swear a parole never to take up arms again against the federal government, and they would then leave taking their sidearms and horses.

Bart would (if he were of a party opposite Grant of course), describe this as Grant's surrender to Lee. After all, the terms left Lee's men free to go. They got to keep their horses and sidearms. All they got was the word of officers, many of whom had shown they couldn't keep their word when they broke their oath to the United States in the first place.

Ridiculous, no? No more ridiculous than your characterization of the Iran deal as 'surrender' by Obama. The deal, at least on paper, asks Iran to do things different than the status quo and in return it asks us to do things. You might not think the former included enough or that Iran simply won't deliver on what it agreed, or that we gave up too much in the later. But it's ridiculous to describe it as 'surrender' to Iran.

"Abortion is by definition homicide"

Abortion has never been considered homicide, not under common law and not under today's legal regime. Even in states that have laws about 'fetal homicide' they had to pass separate, different statutes than the existing homicide prohibitions to include fetuses.

"Unborn and most born children cannot give knowing consent."

So you were resting on a begging of the question about whether abortion involved persons with rights. I thought so. If we accepted your premise, which you must know we do not, then what's done with the organs post abortion is the least of the moral issues involved; if we don't accept your initial premise then we're at a situation where the organs belong to the mother and, as you concede, each person should be able to do what they will with the issue of their bodies. The organ donation changes or adds absolutely nothing.

"Every single allegation that the Bush administration and a super majority of Congress levied against Iraq was a violation of the ceasefire agreement."

Wrong, we were sold the war on allegations of development of weapons of mass destruction such as nukes and collaboration with the 9/11 terrorists, all of which proved to be unsubstantiated. Since you put such stock in what a 'supermajority' of Congress thought about the war, here's what they thought about the selling of the war:

https://en.wikipedia.org/wiki/Senate_Report_on_Pre-war_Intelligence_on_Iraq
 

"Every single allegation that the Bush administration and a super majority of Congress levied against Iraq was a violation of the ceasefire agreement." .. Wrong, we were sold the war on allegations of development of weapons of mass destruction such as nukes and collaboration with the 9/11 terrorists, all of which proved to be unsubstantiated.

I have corrected this lie at least a half dozen times here. Once again...

Saddam and al Qaeda were very much allies and the al Qaeda group Insar al Islam was based in Iraq before the war according to captured Iraqi intelligence documents. AAI later became al Qaeda in Iraq.

https://thecitizenpamphleteer.wordpress.com/2008/03/17/partners-in-the-business-of-terror-saddam-and-al-qaeda/

The unclassified sections of the Duelfer Report state that Saddam retained and added to his WMD infrastructure, conducted research and had every intent to restart production when the sanctions were lifted. (One guess what Iran plans to do under the Obama surrender).

https://www.cia.gov/library/reports/general-reports-1/iraq_wmd_2004

The inspectors found over 500 sarin and mustard gas artillery shells left behind at various caches. Which begs the question of what happened to the rest of the weapons in those caches. These were not the weapons that Iraq invited the UN to see destroyed.

http://www.defense.gov/News/NewsArticle.aspx?ID=15918

We do know that large convoys were moving from Iraq to Syria before the war. What did they contain?

http://www.washingtontimes.com/news/2013/sep/18/inside-the-ring-syria-iraq-and-weapons-of-mass-des/?page=all

DoD published tens of thousands of captured Iraqi intelligence documents online in the hopes of crowd translating them. One of the civilian translators found Iraqi nuclear weapon plans and reported the find to DoD, who immediately shut down the website.

http://www.nytimes.com/2006/11/03/world/middleeast/03documents.html?pagewanted=all&_r=0

Saddam was telling his generals he had WMD. Was this disinformation or real?

http://www.defenseone.com/threats/2015/08/odierno-wades-gop-war-over-iraq-war/119083/

All of this is a violation of the ceasefire.
 

Our own 'rhoidless WFCOIO channels Dick Cheney.

By the Bybee [expletives deleted], when did the "ceasefire violation" occur relative to 9/11 and the invasion of Iraq in 2003?

Can someone provide a URL to Colin Powell's UN speech? I'm going to the mostly liberal - some progressive - lunch today and we'll be discussing Jeb!'s revisionism on Iraq. I note that Mr. 5 x 5, GOP candidate Chris Christie, has criticized Jeb! on this, that reviving W's Iraq blunders is a negative for the Republican Party's chances in 2016, making reference to the invasion of Iraq as a mistake based on what we know now. Apparently the Republican talking points received by our 'rhoidless WFCOIO need updating..
 

Saddam and al Qaeda were very much allies
# posted by Blogger Bart DePalma : 10:11 AM


They were actually enemies, you imbecile.
 

http://www.theguardian.com/world/2003/feb/05/iraq.usa

[Full text of Colin Powell's speech]

There is a lot of talk about Trump & it dominates Lawrence O'Donnell's coverage. It's important since he does lead in polls & tells us something about voter discontent, sexism and other things. But, it's August. I think he runs out of steam eventually.

So, it is useful to look at the other candidates, including those now seen as the top tier. Scott Walker is a leader here and a leading concern. I appreciate the link provided regarding his remarks. But, as with abortion (during the debate even abortions for rape was seen as a dodgy position), his position is far from unique.
 

Over the years I have been a porky at times, without the benefit of tailored suits that can hide avoirdupois. "The Donald" can afford tailored suits to hide his porkiness, but I have seen him in videos dressed casually with a blazer and khakis (designer, no doubt,)noticing his girth. I think his political gun belt is large enough to accommodate 16 notches as his GOP competitors fall by the wayside. Might Rick Perry be the first notch, based upon reports of financially unsupported stall? How long can "The Donald's" buenos notches last is the big question. But too many notches and his pants may fall down together with his prospects. ("The Donald" may have notched his political gun belt with Fox's Megyn Kelly going on vacation for a week and a half with her family.) Meantime the fourth estate is cashing in. Ailes' action seems to be a recognition of the bottom line for Fox with "The Donald" in the limelight.
 

Bart repeats the old discredited memes about how there really, really might have been WMD's after all, but a little bit of common sense will tell you that if there were creditable evidence of such you wouldn't have things like George W Bush himself conceding that they failed to find them!
 



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This comment has been removed by the author.
 

Sandy:

The reason the Senate wrote a letter explaining the Treaty Clause to Iran some months ago was to explain to that facist regime how our constitutional system works and that our president may not enter into treaties by decree on behalf of the U.S.

Fair warning.
 

Mista Whiskas said... Bart repeats the old discredited memes about how there really, really might have been WMD's after all...

I only provided you with a small number of links on the subject.

The CIA was buying sarin on the Iraqi black market to keep it out of the hands of the terrorists.

http://www.nytimes.com/2015/02/16/world/cia-is-said-to-have-bought-and-destroyed-iraqi-chemical-weapons.html?_r=2&assetType=nyt_now

Heaven knows what else is going on behind the scenes.

However, Obama pulled out and ISIS appears to have obtained mustard gas in Iraq and has just attacked the Kurds with it.

http://rudaw.net/english/kurdistan/130820151

ISIS does not have the infrastructure to produce chemical WMD. One guess where they got the mustard gas.


 

Our own 'rhoidless WFCOIO invites guesses (at least one) with:

"ISIS does not have the infrastructure to produce chemical WMD. One guess where they got the mustard gas."

From Assad's inventory? Our own 'rhoidless WFCOIO is a real hot dog gasser with this. Did Bush/Cheney fail to get rid of all the chemical weapons in Iraq? And WMDs are a tad different from mustard gas.

And our own 'rhoidless WFCOIO's cutesy:

"Heaven knows what else is going on behind the scenes."

ignores "Hell knows what was going on behind the scenes" that led to Colin Powell's UN speech attempting to justify the invasion of Iraq shortly thereafter. And what did Powell have to say when he learned that the "facts" he presented weren't facts?

 

The reason the Senate wrote a letter explaining the Treaty Clause to Iran some months ago was to explain to that facist regime how our constitutional system works and that our president may not enter into treaties by decree on behalf of the U.S.

Fair warning.
# posted by Blogger Bart DePalma : 9:59 AM


It's quite likely that the Iranian leadership has a better understanding of our constitution than the moron who composed that letter.


 

Shag:

"ISIS does not have the infrastructure to produce chemical WMD. One guess where they got the mustard gas." >> From Assad's inventory?

How could that be? Our president assured us that Syria destroyed their chemical weapons stockpile under his direction and UN supervision, just like Saddam did back in 1991.

In the real world, Assad (like Saddam) almost certainly cheated and kept a small WMD stockpile. There are no reports that the Syrians lost control of their stockpile to ISIS. However, ISIS does control the Sunni areas of Iraq where Saddam kept his WMD caches.

And WMDs are a tad different from mustard gas.

Mustard gas is a WMD. See what happens if you run a crop duster with the stuff over a stadium during a football game.
 

BB: It's quite likely that the Iranian leadership has a better understanding of our constitution than the moron who composed that letter..

The Iranians have a constitution their fascist regime routinely ignores, so they may not believe that our dictator, er president would actually have to obey our Constitution.
 

The Iranians have a constitution their fascist regime routinely ignores, so they may not believe that our dictator, er president would actually have to obey our Constitution.
# posted by Blogger Bart DePalma : 12:02 PM


Dumbfuck, whether or not they ignore their constitution is completely irrelevant as to whether they know what is in ours.
 

In the real world, Assad (like Saddam) almost certainly cheated and kept a small WMD stockpile. There are no reports that the Syrians lost control of their stockpile to ISIS. However, ISIS does control the Sunni areas of Iraq where Saddam kept his WMD caches.

# posted by Blogger Bart DePalma : 12:00 PM


Blankshot, in the real world there was no WMD in Iraq.
 

OFF TOPIC; I have been eagerly devouring Stephen Griffin's posts on constitutional interpretation/construction vis-a-vis the new originalism and living constitutionalism. Jack Balkin joined in with an interesting post on the subject. I await Stephen's further posts that may also address Jack's post. I am not seeking to start a thread on this and further divert Sandy's post, but I hope this comment comes to the attention of Stephen and Jack regarding: Whether construction under the new originalism is governed by Larry Solum's "fixation thesis"?

In the meantime, back to Bush-whacking Iraq.
 

Shag:

We talk about closed posts all the time on Sandy and Gerard's open threads.

Academic deconstruction of the law has completely gone down the rabbit hole.

Statutory and constitutional interpretation is really quite simple. Words and their combinations have original public meanings. You apply the law as it is written according to those meanings.

There are no thick and thin original public meanings.

There is no interpretation and construction.

There is only applying the law as written. When the law states that X + Y = Z, it does not mean that X + Y = A or that X = Z.

The one improvement we can make on this standard statutory and constitutional interpretation is to adopt by practice or better yet by an express amendment to the constitution the principle that all ambiguity in the original public meaning of the law is to be construed in favor of individual liberty and against the exercise of government power rather than the reverse as is the current practice.
 

It appears our own 'rhoidless WFCOIO is getting ready to edge his way once again into shameless self-promotion. He ignores the long history (over two centuries) of difficulties in interpreting/construing the Constitution. Rather he repeats his simpletonian mindset that law school students would laugh at. It was legal academics in the originalism movement (that began in the late 1970s) who came up with "original public meaning" as a response to the obvious failings of original originalism's "original intent." But let's let our own 'rhoidless WFCOIO continue his self-imposed role as a troll at this Blog. Meantime, I shall focus on my shameless self-promotion to be appointed poet laureate in the next administration, whether a Democrat, Republican or Independent. (Yes, a President T-RUMP would love to have me as poet laureate so he could have the satisfaction of firing me.

Now let's really get back to Bush-whacking Iraq.
 

Not sure "rhoidless" is very accurate, Shag. He is very much like a hemorrhoid.
 

BB:

"rhoidless" is descriptive (un-nuanced) of a "perfect _______," metaphorically speaking.
 

Shag: He ignores the long history (over two centuries) of difficulties in interpreting/construing the Constitution.

Most of the "difficulties" in interpreting the Constitution were attempts to rewrite it to arrive at a particular court's desired policy goals.

It was legal academics in the originalism movement (that began in the late 1970s) who came up with "original public meaning" as a response to the obvious failings of original originalism's "original intent."

Original public meaning was a return to pre-progressive textual interpretation. This is how courts routinely interpret contracts, wills and the like when they are not attempting to rewrite the documents.
 

When the spam comes, might just be time to move on.
 

Our own 'rhoidless WFCOIO's rejoinder:

"Original public meaning was a return to pre-progressive textual interpretation."

we may assume with his fantasies of The Gilded Age as America's best days he measures such "return" as from the end of The Gilded Age back to the beginnings post-1787 Constitution.. Perhaps in our own 'rhoidless WFCOIO's view Dred Scott was based upon original public meanings. And what about the central bank cases? [Others might identify other cases during this period.] So apparently the Court turned topsy turvy after The Gilded Age and it took Bork, Scalia, et al at least 4 decades for such return? And originalism has gone through various stages of evolution like it is "living." I just finished reading a recent article that comes up with "Farsighted Originalism" in contrast to myopic versions. And as I have noted in other threads the new originalism is being criticized by older version originalists. Check out the Originalism Blog and back and forths with Larry Solum at his Legal Theory Blog. This is more than a legal academia cat fight. So I'm looking forward to Stephen Griffin's further posts and exchanges here at this Blog as well as at the other blogs I mentioned.

Most originalists lean conservative. Our own 'rhoidless WFCOIO paints constitutional scholars thusly:

"Academic deconstruction of the law has completely gone down the rabbit hole."

at the same time as he plays his Chicken Little card "The Sky Is Falling!" The Gilded Age fell into that hole long ago. But since that Age we have purer food and drugs, cleaner water and cleaner air, i.e., progress.

Now perhaps we can resume Bush-whacking Iraq, unless it is actually time to move on to dine on the spam.
 

While reminded to move on by a second call from our spamming moderator, I read the NYTimes obit this morning "Bernard d'Espagnat, French Physicist, Dies at 93." In the discussion of the deceased's career in quantum theory and its philosophical applications, I thought of constitutional scholars in their quest for the Holy Grail of constitutional interpretation/construction. Are their similarities between physicists and constitutional scholars? Each come up with theories to support of their positions, respectively, on quantum theory and legal theory. Legal theory does not have the benefit of a CERN, however, for testing, unless SCOTUS is the equivalent of CERN. Consider the closing paragraphs of the obit:

***

Few physicists would go along with this, however, Dr. Albert said. There are many interpretations of quantum theory; in all of them, he said, the world is real, but so in most of them is spooky action at a distance, now enshrined in technology as “entanglement.”

Calling the choice between Dr. d’Espagnat’s mysticism and conventional quantum mechanics one between an incoherent world and a crazy world, Dr. Albert said, physicists will take crazy every time.

“We like crazy,” he said.

***

The quest for the Holy Grail can get crazy at times.
 

No need to wait for a dictator, Sandy, we have one now.

Apparently, Obama plans to stop faithfully enforcing the laws of Congress sanctioning Iran by simply declining to name any Iranians and Iranian organizations to sanction.

http://news.yahoo.com/obama-iran-nuclear-deal-even-congress-disapproves-115227371.html

Brett, our dictator is about to cross the imprachment threshold we discussed earlier.
 

In the manner of Count Basie's "One More Once," here's another doggerel on "The Donald":


T-RUMP OUTFOXES FOX?

Roger Ailes stopped the bleeding
From Megyn Kelly’s “whatever”
Spotted by “The Donald’s” needling
Of Fox TV’s journalist diva.

Did Roger sacrifice Megyn’s role
To appease “The Donald’s” ire
Because of his rising post-debate poll
In ratings pursuits with the media choir?

But will female voters forget
The misogyny of ”The Donald”
(Or will they give him a let)
On his claim that Megyn was hormonal’d?

August 16, 2015

After watching the Sunday political shows, "The Donald" is clearly a conservative, for real.

 

Our own 'rhoidless WFCOIO links to an article that apparently supports his claim that:

"Apparently, Obama plans to stop faithfully enforcing the laws of Congress sanctioning Iran by simply declining to name any Iranians and Iranian organizations to sanction."

But the link doesn't support his claim about plans that Pres. Obama may have to do such." The link references several possible scenarios but with no cite to an Obama Administration official indicating such a plan. This is another example of our own 'rhoidless WFCOIO just making things up. And it is not clear that such a plan would be contrary to law as the possible plan involves authority granted by Congress to the Executive. It seems our own 'rhoidless WFCOIO is intent upon pre-emptive "imprachment."
 

Shag: The link references several possible scenarios but with no cite to an Obama Administration official indicating such a plan.

Do you really think the AP reporter knows the sanctions law well enough to come up with this idea herself?

And it is not clear that such a plan would be contrary to law as the possible plan involves authority granted by Congress to the Executive.

Almost certainly, the law tasks the President or Secretary of State with identifying the Iranians to sanction. Congress would not have that knowledge.

I suspected the President would exploit a provision of the law granting him the discretion to make a finding that Iran was complying with nuclear non-proliferaiton agreements or was not supporting terrorism. I had not thought of this work around. Clever.

What is worse is AP's allegation that Team Obama plans to work with the Europeans to circumvent Congress's sanctions to provide money to Iran.Iran is an enemy of the United States and this is skating damned close to providing aid and comfort to that enemy.
 

What is worse is AP's allegation that Team Obama plans to work with the Europeans to circumvent Congress's sanctions to provide money to Iran.Iran is an enemy of the United States and this is skating damned close to providing aid and comfort to that enemy.
# posted by Blogger Bart DePalma : 9:26 PM


How does it compare to giving weapons to Iran?
 

Our own 'rhoidless WFCOIO's attempt at a rejoinder:

"Do you really think the AP reporter knows the sanctions law well enough to come up with this idea herself?"

comes from a guy that has a history at this Blog - and elsewhere - of making sh-- up. Journalists, pundits, etc, come up with all sorts of potential scenarios quite frequently. But where is there is evidence, as a legal scholar such as our own 'rhoidless WFCOIO understands evidence as the top dog DUI legal beagle in his small mountaintop community?

And our own 'rhoidless WFCOIO stretches his incredulity to the snapping point with this:

"What is worse is AP's allegation that Team Obama plans to work with the Europeans to circumvent Congress's sanctions to provide money to Iran.Iran is an enemy of the United States and this is skating damned close to providing aid and comfort to that enemy."

Exactly where in the linked article is it alleged "that Team Obama plans ... " to do this? This is more outhouse evidence from our own 'rhoidless WFCOIO.

 

By the Bybee [expletives deleted], BB's comment/question on the same quote from our own 'rhoidless WFCOIO:

"How does it compare to giving weapons to Iran?"

is a reminder of Saint Ronnie Reagan's Administration's Iran/Contra debacle, for younger visitors to this Blog who may focus on the travesties of the more recent Bush/Cheney 8 years that ended with its Great Recession of 2007-8, that further turmoiled the Middle East and further empowered Iran. And Jeb! is waiting in the wings to repair his Daddy and Bro's images with Paul Wolfowitz, John Bolton and other Bush neocon hawks to advise him on foreign policy.
 

Shag: Exactly where in the linked article is it alleged "that Team Obama plans ... " to do this?

OK, AP is making all of this up. President Obama intends to faithfully enforce the laws of Congress sanctioning Iran.

BTW, I have this sugar sand Pacific coast property for sale here in Colorado. I can make you a very good deal on it.
 

Our own 'rhoidless WFCOIO's rejoinder:

"BTW, I have this sugar sand Pacific coast property for sale here in Colorado. I can make you a very good deal on it."

with his hand caught twice in the cookie jar might be a reflection of his actual deep concern that climate change just might bring the Pacific coast to CO and he can engage in real surfing instead of blog-trolling. Meantime, what does the State of Colorado plan to do about all those (mostly abandoned) mines under federalism concepts? [Hint: I'm setting a trap.]
 

Regarding my "trap" on mostly abandoned mines, check out today's NYTimes for Gwen Lachelt's "When Rivers Run Orange."
 

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حرصنا الدائم في مركز صيانة فريجيدير ، علي تقديم الافضل للعميل في اي مكان ، يجعنا دائما محافظين علي مستوي الجودة العالي التي تتمتع به خدماتنا من صيانة شاملة للاجهزة الكهربائية بمختلف انواعها

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شركة سوقني ، هي الاختيار الاول لكل عميل ، يريد حملات اعلان و تسويق الكتروني واسعة المدي ، و تستطيع ان تتواصل مع مختلف جنسيات العملاء ، من حول العالم ، لكي يكن لك اكبر قاعدة من العملاء ، و يكون منتجك هو رقم واحد لديهم

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شركة التفوق ، شركة نقل عفش بالرياض متعددة الخدمات ، التي يحتاج اليها العملاء لمواصلة حياتهم اليومية ، لذا فلن تجد شركة ، افضل منها ، او بنفس مهارة و جودة خدماتها ، لذا لا تتردد في التعامل معها

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شركة الاخلاص و الامانة ، دائما متميزة في خدماتها ، و تهتم بمدي الجودة و الكفاءة التي تتمتع به خدمة نقل عفش فى مكة ، التي تقوم بها ، لذا العملاء الان لا يفضلون الا التعامل معها

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مؤسسة الهامة العالمية ، من افضل المؤسسات المسؤولة عن نقل الاغراض و المقتنيات للعملاء ، داخل و خارج المملكة العربية السعودية ، و ايضا تقوم باعمال نقل عفش بجدة ، التي يحتاج الي شاحنات ضخمة

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