E. J. Dionne says this, in light of the Libyan rebels’ successes:
“It's remarkable how reluctant Obama's opponents are to acknowledge that despite all the predictions that his policy of limited engagement could never work, it actually did. …
Yet no good Obama deed goes unpunished. In the midst of the bracing news, Sens. John McCain and Lindsey Graham issued a statement saying, well, too bad that Obama got it wrong. …
Less than six months and no American casualties were obviously not good enough. Should we have done this the way we did things in Iraq? …
Obama used the greater freedom he has in foreign policy to define the middle ground in the Libyan case on his own terms. ‘It's true that America cannot use our military wherever repression occurs,’ Obama said in March. ‘But that cannot be an argument for never acting on behalf of what's right.’
That made a lot of sense.”
Of course, Mr. Dionne does not mention that President Obama originally said that what we were doing in Libya would take days, not weeks. Also, he doesn’t mention that NATO almost didn’t get the job done, and that then-Defense Secretary Robert Gates felt obligated to give NATO a tongue lashing for how poorly they were performing just before he left office in July.* Nor does Mr. Dionne explain how what NATO was doing at the end of its operations:
“NATO and its allies helped Libya’s rebels mount an aggressive ‘pincer’ strategy in recent weeks, providing intelligence, advice and stepped-up airstrikes that helped push Moammar Gaddafi’s forces toward collapse in Tripoli …”
fits with the original mandate from the United Nations, which was to protect Libyan civilians.
But Colonel Gaddafi is gone, which is a success. Still, I think Mr. Dionne may want to be careful about celebrating the success of President Obama’s policy too much, especially given the way the President and his legal advisers handled the question of his compliance with the War Powers Resolution. Before President Obama, presidents would claim that the War Powers Resolution was an unconstitutional limitation on presidential power, but they would basically comply with it.
President Obama’s legal advisers (or, rather, some of President Obama’s legal advisers**) came up with a different approach. They said that the War Powers Resolution was constitutional, but President Obama didn’t have to comply with it because what we were doing in Libya did not rise to the level of “hostilities”. And if you are not involved in hostilities, the War Powers Resolution doesn’t apply.
Harold H. Koh, Legal Adviser of the State Department, gave four reasons why the U.S. was not involved in “hostilities” in Libya:
“‘ground troops and significant non-air forces have not been involved, the lack of American casualties or a significant threat of them, a limited risk of escalation, and the limited use of military means’”***
Here is where Mr. Dionne needs to be careful with his celebrating. Because with this theory, President Obama has created a loophole in the War Powers Resolution that is big enough to drive a truck through. And with the increased use and capabilities of things like drones and unmanned smart weapons (and all the other things that we don’t even know about yet), it won’t be long until the loophole is big enough for a four-lane highway.
Once that has happened, I wonder how Mr. Dionne will feel when the President using that loophole and driving on that highway is less of a Barack Obama and more of a George W. Bush or – worse yet, in Mr. Dionne’s view – a Dick Cheney.
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* “On target: Robert Gates’s parting shot exposes Europe’s military failings,” The Economist, June 16, 2011.
** Lawyers at both the Pentagon and the Department of Justice’s Office of Legal Counsel disagreed with Mr. Koh’s interpretation.
*** Jennifer Steinhauer, “Obama Adviser Defends Libya Policy to Senate,” The New York Times, June 28, 2011.
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