30 January 2007
Rush Limbaugh has video and transcripts comparing Senator Clinton’s position on the war in Iraq in 2002 with her most recent position as expressed just this last Saturday (i.e., 27 January) in Des Moines, Iowa.

Senator Clinton, 27 January 2007: I said that we should not go to war unless we have allies, so he took the authority that I and others gave him, and he misused it. And I regret that deeply. And if we had known then what we know now, there never would have been a vote, and I never would have voted to give this president that authority. … There are no do-overs in life. I wish there were. You know, I acted on the best judgment that I had at the time, and at the time I said this was not a vote for preemptive war, and the president took my vote and other votes and basically misused the authority we gave him.

Senator Clinton, March 2003: There is a very easy way to prevent anyone from being put into harm's way, that is for Saddam Hussein to disarm. And I have absolutely no belief that he will. I have to say that this is something I've followed for more than a decade. If he were serious about disarming, he would have been much more forthcoming. I ended up voting for the resolution after carefully reviewing the information, intelligence that I had available, talking with people whose opinions I trusted, tried to discount the political or other factors that I didn't believe should be in any way a part of this decision. I would love to agree with you, but I can't based on my own understanding and assessment of the situation” (emphasis mine).

Here’s the resolution she voted for (i.e., Public Law 107-243, styled Authorization for Use of Military Force Against Iraq Resolution of 2002, dated 16 October 2002, hereinafter referred to as “the Authorization”). According to the senator, the President abused the authority granted in the Authorization to excuse the invasion of Iraq. She claims to have said we should not go to war unless we have allies. Perhaps she did. Many politicians have said many things about many aspects of this war. But whatever she said, the Authorization she admits to voting for does not restrict the President to employing the military only if we have allies.

Section 3 of the Authorization states:

(a) AUTHORIZATION.—The President is authorized to use the
Armed Forces of the United States as he determines to be necessary
and appropriate in order to—
(1) defend the national security of the United States against
the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security Council
resolutions regarding Iraq

(b) PRESIDENTIAL DETERMINATION.—In connection with the
exercise of the authority granted in subsection (a) to use force
the President shall, prior to such exercise or as soon thereafter
as may be feasible, but no later than 48 hours after exercising
such authority, make available to the Speaker of the House of
Representatives and the President pro tempore of the Senate his
determination that—
(1) reliance by the United States on further diplomatic
or other peaceful means alone either (A) will not adequately
protect the national security of the United States against the
continuing threat posed by Iraq or (B) is not likely to lead
to enforcement of all relevant United Nations Security Council
resolutions regarding Iraq; and
(2) acting pursuant to this joint resolution is consistent
with the United States and other countries continuing to take
the necessary actions against international terrorist and ter-
rorist organizations, including those nations, organizations, or
persons who planned, authorized, committed or aided the ter-
rorist attacks that occurred on September 11, 2001.
(c) WAR POWERS RESOLUTION REQUIREMENTS.—
(1) SPECIFIC STATUTORY AUTHORIZATION.—Consistent with
section 8(a)(1) of the War Powers Resolution, the Congress
declares that this section is intended to constitute specific statu-
tory authorization within the meaning of section 5(b) of the
War Powers Resolution.
(2) APPLICABILITY OF OTHER REQUIREMENTS.—Nothing in
this joint resolution supersedes any requirement of the War
Powers Resolution.

I don’t care if people change their minds about courses of action. For one thing we expect it of leaders in all areas of life. If the situation on the battlefield changes, we expect military commanders to alter their plans to meet the new situation. People change their minds all the time; and they often do so for reasons which are understandable, even if we don’t agree with those reasons.

If Senator Clinton now regrets voting for the Authorization she can just say so. And if the accompaniment of allies was the deal breaker that she now wants to claim it was then she was duty bound to vote against it.

Additionally, she can say that she wasn’t voting for a ‘pre-emptive’ war but the fact of the matter is that she voted for a resolution authorizing the President of the United States to employ the armed forces to, among other things, “enforce all relevant United Nations Security Council resolutions regarding Iraq” (Section 3(a)(2) of the aforementioned Authorization).

It is true that the phrase ‘pre-emptive war’ does not appear in the Authorization; and there is therefore no provision of the Authorization which states, “The President is authorized to launch a pre-emptive war against Iraq.” But perhaps Senator Clinton can explain just how the President was (a) to enforce those ‘relevant’ UN resolutions against Iraq, among other things and (b) use the military to do so without (c) taking military action in Iraq.

One just has to wonder: Did the senator read the Authorization she admits to voting for? Did she not notice that the Authorization fails to require allies as a pre-condition for employing the armed forces? Was she aware of the content of the UN resolutions which the President was authorized to enforce? Did she notice that the preamble of the Authorization listed specific, ‘relevant’ UN resolutions to be enforced?

Senator Clinton wants us to believe that the President has taken action not provided for in the Authorization. That is clearly not the case. She also wants us to believe that the Authorization she voted for requires allies. That also is not the case. She further wants us to believe that the Authorization for which she voted does not entail the action which she and others wish to label ‘pre-emptive war.’ But if the Authorization for which she voted does not authorize this ‘pre-emptive war’ then it authorizes nothing.

I’m sure we’ll be able to count on the Lame Stream Media to call her on this inconsistency.

Whether they do is of no consequence to me. My concern with her actions here is that she underscores the appalling behavior of those Republicans who voted in favor of the recent non-binding resolution, especially those who, like Chuck Hagel, voted for the Authorization back in 2002. And the reason it’s so appalling is that it has to be pure political posturing. Here is what Hagel’s position amounts to: the President is (a) to enforce those ‘relevant’ UN resolutions against Iraq, among other things and (b) to use the Armed Forces of the United States "as he determines to be necessary and appropriate", without (c) increasing troop strength in Iraq should the need arise.

It is difficult to see the need for this recent, non-binding resolution. Some parts of the tactical and international situation which the Authorization was crafted to confront haven’t changed. If you read the Authorization pay particular attention to all of those clauses which begin with ‘Whereas’. One of those clauses states: “Whereas the Iraq Liberation Act of 1998 (Public Law 105–338) expressed the sense of Congress that it should be the policy of the United States to support efforts to remove from power the current Iraqi regime and promote the emergence of a democratic government to replace that regime” (emphases mine, of course).

Look, the Authorization is a law. Laws can be repealed, or even amended. There is historical precedent for Congress amending a use of force resolution, most recently in Somalia. Whatever else the recent election was it constitutes neither an amendment to nor a rescension of the Authorization. Nothing about the Authorization has been altered in any way simply by virtue of the Democrats now being the majority in Congress. One just has to wonder: if the Democrats, and Republicans like Chuck Hagel, feel so strongly about things, if they are truly convinced that the recent elections mean what they clearly believe they mean – then why do they not introduce legislation intended to amend or repeal the Authorization? If the elections were a referendum on the war, as many would like us to believe, then such legislation, and not an increase in the minimum wage, should have been the first item on the Democrat agenda.

They could really out-do themselves too in terms of the simplicity of this legislation. It could be styled Rescension of Authorization for Use of Military Force Against Iraq and read simply, “Public Law 107-243, styled Authorization for Use of Military Force Against Iraq Resolution of 2002, is hereby repealed.”

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James Frank Solís
Former soldier (USA). Graduate-level educated. Married 26 years. Texas ex-patriate. Ruling elder in the Presbyterian Church in America.
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