By: David Bibo
As the Iranian regime talks up the extent of their nuclear capabilities, the US government is preparing to engage them in high-level, face-to-face talks for the first time since 1980. One must assume that even as talks commence, the Bush administration will most assuredly keep all of its options open, including military. Now comes Harvard Law war powers lecturer Andrew Kent, who says that the legal path to war with Iran may already be obstacle-free.
In two great pieces in the Huffington Post and over at National Security Advisors, Kent concisely describes the standing law that enables the President to engage Iran under a number of potential justifications. Read the posts for yourself because they’re great, but in short Kent suggests that the 1973 War Powers Resolution, the 9/11 Authorization for the Use of Military Force (AUMF), and the Iraq AUMF all likely enumerate a plausibly acceptable legal authority for the President to engage Iran.
Should diplomatic negotiations prove ineffective, and should Iran continue to highlight its nuclear processing, it seems that the weighing of military options going on behind closed doors in Washington will permeate into public discourse. The existing legal justifications upon which the administration seems likely to seize will probably make the national debate - especially the Congressional variety - less important than it otherwise might have been.
But, as Kent asks, from whom would the Bush administration obtain support for a pre-emptive attack on Iran? Congress has focused on putting Iran warmaking powers in a box, however unsucesfully thus far. Notwithstanding that point, if the Bush administration can persuasively argue that it has already been granted the power to act in the existing AUMFs, Congressional action is unnecessary. However unlikely this scenario may seem, Kent makes the valid point that Bush may believe it crucial to take action against Iran before he leaves office, owing to the general war-aversion espoused by presidential candidates in both parties.
Post a Comment