An Agreement Without Agreement
By Bruce Ackerman and Oona Hathaway
Washington Post
The Bush administration is so intent on securing its legacy in Iraq that it is once again ignoring the Constitution. Without seeking the consent of Congress, it is well on its way toward a long-term agreement with the Iraqi government that threatens to deepen the American commitment without the congressional support the Constitution requires.
President Bush's plan to cut out Congress has provoked a growing chorus of criticism, joined by both Sens. Hillary Clinton and Barack Obama. In response, the administration has begun to back-track from its vision of a sweeping military and economic agreement. Speaking to the Senate Foreign Relations Committee, Secretary of State Condoleezza Rice said that the agreement would not contain a security guarantee committing the country to fixed troop levels or permanent bases. Secretary of Defense Robert M. Gates, speaking before the Senate Armed Services last week, stated that the agreement will be "like other Status of Forces Agreements," which deal with the rights and obligations of the military when operating on foreign soil.
Such agreements, the White House is quick to point out, are not usually subject to congressional approval. That is true. But this truth will not suffice, since the administration is still aiming for an agreement that moves far beyond the traditional scope of these limited military accords. We should not allow false advertising to serve as a cover for a constitutional fait accompli.
For example, the administration plans to exempt civilian contractors from prosecution under Iraqi laws. Military personnel also enjoy this exemption, but they can be court-martialed. These military tribunals have no jurisdiction over civilian contractors. Indeed, many of them will be immune from prosecution anywhere. Current federal law only subjects contractors working in support of the Defense Department to prosecution in American courts for felonies in Iraq. Yet those working for the CIA or the State Department could be left operating in a "no-law" zone if the president had the power to commit America unilaterally. If that happens, contractors could shoot Iraqi civilians without cause or commit sexual assaults against their fellow contractors without facing prison time. No existing status of forces agreement, including those used in such places as South Korea and Germany, contains anything like this wide-ranging exemption.
(Continued here.)
Washington Post
The Bush administration is so intent on securing its legacy in Iraq that it is once again ignoring the Constitution. Without seeking the consent of Congress, it is well on its way toward a long-term agreement with the Iraqi government that threatens to deepen the American commitment without the congressional support the Constitution requires.
President Bush's plan to cut out Congress has provoked a growing chorus of criticism, joined by both Sens. Hillary Clinton and Barack Obama. In response, the administration has begun to back-track from its vision of a sweeping military and economic agreement. Speaking to the Senate Foreign Relations Committee, Secretary of State Condoleezza Rice said that the agreement would not contain a security guarantee committing the country to fixed troop levels or permanent bases. Secretary of Defense Robert M. Gates, speaking before the Senate Armed Services last week, stated that the agreement will be "like other Status of Forces Agreements," which deal with the rights and obligations of the military when operating on foreign soil.
Such agreements, the White House is quick to point out, are not usually subject to congressional approval. That is true. But this truth will not suffice, since the administration is still aiming for an agreement that moves far beyond the traditional scope of these limited military accords. We should not allow false advertising to serve as a cover for a constitutional fait accompli.
For example, the administration plans to exempt civilian contractors from prosecution under Iraqi laws. Military personnel also enjoy this exemption, but they can be court-martialed. These military tribunals have no jurisdiction over civilian contractors. Indeed, many of them will be immune from prosecution anywhere. Current federal law only subjects contractors working in support of the Defense Department to prosecution in American courts for felonies in Iraq. Yet those working for the CIA or the State Department could be left operating in a "no-law" zone if the president had the power to commit America unilaterally. If that happens, contractors could shoot Iraqi civilians without cause or commit sexual assaults against their fellow contractors without facing prison time. No existing status of forces agreement, including those used in such places as South Korea and Germany, contains anything like this wide-ranging exemption.
(Continued here.)
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