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Lieberman Warns of Potential Constitutional Crisis over Iraq
Joe Lieberman ^ | 2/16/07 | Joe Lieberman

Posted on 02/16/2007 2:37:46 PM PST by bnelson44

FOR IMMEDIATE RELEASE
February 16, 2007

Contact:

Marshall Wittmann, 202-224-4041

Lieberman Warns of Potential Constitutional Crisis over Iraq

Urges Unity in War Against Islamist Extremism

WASHINGTON, D.C. -- In a statement on the Senate floor today concerning the non-binding Iraq resolution, Senator Lieberman stated:

"The non-binding resolution before us today, we all know, is only a prologue. That is why the fight over it - procedural and substantive - over these past weeks has been so intense. It is the first skirmish in an escalating battle that threatens to consume our government over many months ahead, a battle that will neither solve the sprawling challenges we face in Iraq nor strengthen our nation to defeat the enemies of our security throughout the world from Islamist extremists. That is to say, in our war against the terrorists that attacked us.

We still have a choice not to go down this path - it's a choice that goes beyond the immediate resolution before the Senate - a chance to step back from the brink and find a better way to express and arbitrate our opinion, and I hope we will seize the moment and take that chance."

Senator Lieberman called for nonpartisan cooperation:

"Whatever our opinion of this war or its conduct, it is in no one's interest to stumble into a debilitating confrontation between our two great branches of government over war powers. The potential for a constitutional crisis here and now is real, with congressional interventions, presidential vetoes, and Supreme Court decisions. If there was ever a moment for nonpartisan cooperation to agree on a process that will respect both our personal opinions about this war and our nation's interests over the long term, this is it.

We need to step back from the brink and reason together, as Scripture urges us to do, about how we will proceed to express our disagreements about this war."

Senator Lieberman argued that the non binding resolution, "proposes nothing. It contains no plan for victory or retreat... It is a strategy of "no," while our soldiers are saying, "yes, sir" to their commanding officers as they go forward into battle."

Senator Lieberman closed with a call for unity, "Whatever our differences here in this chamber, about this war, let us never forget the values of freedom and democracy that unite us and for which our troops have given and today give the last full measure of their devotion. Yes, we should vigorously debate and deliberate. That is not only our right, it is our responsibility. But at this difficult juncture, at this moment when a real battle, a critical battle is being waged in Baghdad, as we face a brutal enemy who attacked us on 9/11 and wants to do it again, let us not just shout at one another, but let us reach out to one another to find that measure of unity that can look beyond today's disagreements and secure the nation's future and the future of all who will follow us as Americans."

Below is the entire text of the speech as prepared for delivery -

Mr. President, when the roll is called tomorrow on the motion for cloture with regard to the resolution that the House is expected to pass tonight on Iraq, I will vote no. I will vote against cloture. I will do so not because I wish to stifle debate - the fact is that debate has occurred, is occurring now, and will continue to occur, on our policy in Iraq. I will vote against cloture because I feel so strongly against the resolution. It condemns the new plan for success in Iraq, I support that plan.

From all of the research my staff and I have done, including asking the Library of Congress to do, we have found no case in American history where Congress has done what this resolution does. That is, in a non-binding resolution, oppose a plan that our military is implementing right now. Congress has expressed non-binding resolutions of disapproval before a plan of military action has been carried out. Congress has taken much more direct steps, authorized to do so by the Constitution, to cut off funds for military action or a war in progress.

But never before has the Congress of the United States passed a non-binding resolution of disapproval of a military plan that is already being carried out by American military personnel. I believe it's a bad precedent and that's why I will do everything I can to oppose it. And in the immediate context, that means that I will vote against cloture.

Mr. President, more broadly, we are approaching an important moment in the history of this institution and of our republic—a moment, I fear, that future historians will look back to and see the beginning of a cycle that not only damaged the remaining possibilities for success in Iraq, but established political precedents that weakened the power of the presidency to protect the American people over the long term.

The non-binding resolution before us today, we all know, is only a prologue. That is why the fight over it - procedural and substantive - over these past weeks has been so intense. It is the first skirmish in an escalating battle that threatens to consume our government over many months ahead, a battle that will neither solve the sprawling challenges we face in Iraq nor strengthen our nation to defeat the enemies of our security throughout the world from Islamist extremists. That is to say, in our war against the terrorist that attacked us.

We still have a choice not to go down this path— it's a choice that goes beyond the immediate resolution before the Senate - a chance to step back from the brink and find a better way to express and arbitrate our opinion, and I hope we will seize the moment and take that chance.

As we meet in this chamber today, the battle for Baghdad has already begun. One of our most decorated generals, David Petreaus —whom this Senate confirmed eighty-one to nothing—has taken command in Baghdad. And thousands of American soldiers have moved out across the Iraqi capital, putting their lives on the line as they put a new strategy into action.

We can now see for ourselves, on the ground in Iraq and Baghdad, where it matters, what this new strategy looks like—and we can see why it is different from all that preceded it.

For the first time in Baghdad, our primary focus is no longer on training Iraqi forces or chasing down insurgents or providing for our own force protection, though those remain objectives. Our primary focus is on ensuring basic security for the Iraqi people, working side by side with Iraqi security forces—exactly what classic counterinsurgency doctrine tells us must be our first goal now.

Where previously there were not enough troops to hold the neighborhoods cleared of insurgents, now more troops are either in place or on the way.

Where previously American soldiers were based on the outskirts of Baghdad, unable to secure the city, now they are living and working side-by-side with their Iraqi counterparts on small bases that are being set up right now throughout the Iraqi capital.

At least six of these new joint bases have already been established in the Sunni neighborhoods in west Baghdad—the same neighborhoods where just a few weeks ago, jihadists and death squads held sway. In the Shiite neighborhoods of east Baghdad, American troops are also moving in, with their Iraqi counterparts—and Moqtada al-Sadr and his Mahdi Army are moving out.

We do not know if this new strategy for success in Iraq will work over the long term—and we probably will not know for some time. The Mahdi Army may be in retreat for the moment, but they are not defeated. They have gone to ground, and they are watching. Our hope is that our determination and that of the Iraqi government will lead them now to devote themselves to politics instead of death squads. But that, only time will tell.

The fact is, any realistic assessment of the situation in Iraq tells us that we must expect that we must expect that there will be more attacks, and there will be more casualties in the months ahead, as the enemies of a free and independent Iraq see the progress we are making and adapt to try to destroy it with more violence.

The question they will try to pose to us - which is the question that is posed every time a fanatic suicide bomb goes off and that person expresses their hatred of everyone else more than their love of their own life by ending their own life - the question is: Will we yield Baghdad, Iraq, the Middle East, our own future, to those fanatical suicide bombers?

But we must also recognize that we are in a different place in Iraq from where we were just a month ago, because of the implementation of this new strategy.

We are in a stronger position today to provide basic security in Baghdad—and with that, we are in a stronger position to marginalize the extremists and strengthen the moderates; a stronger position to foster the economic activity that will drain the insurgency and the militias of their public support; a stronger position to press the Iraqi leaders to make the political compromises that everyone acknowledges are necessary.

John Maynard Keynes famously said, "When the facts change, I change my mind."

Mr. President, in the real world, in just the past month, the facts in Iraq have changed—and they are changing still. And I would ask my colleagues to allow themselves to wait and consider changing their minds as further facts unfold in Iraq.

The non-binding resolution before us is not about stopping a hypothetical plan. It is about disapproving a plan that is being carried out now by our fellow Americans in uniform, in the field. In that sense, as I have said, it is unprecedented in Congressional history, in American history. This resolution is about shouting into the wind. It is about ignoring realities of what's happening on the ground in Baghdad.

It proposes nothing. It contains no plan for victory or retreat. It proposes nothing. It is a strategy of "no," while our soldiers are saying, "yes, sir" to their commanding officers as they go forward into battle.

And that is why I will vote against the resolution by voting against cloture.

I understand the frustration, anger, and exhaustion that so many Americans, so many members of Congress, feel about Iraq, the desire to throw up one's hands and simply say, "Enough." And I am painfully aware of the enormous toll of this war in human life—and of the mistakes that have been made in the war's conduct.

But let us now not make another mistake. In the midst of a fluid and uncertain situation in Iraq, we should not be so bound up in our own arguments and disagreements, so committed to the positions we have staked out, that the political battle over here takes precedence over the real battle over there. Whatever the passions of the moment, the point of reference for our decision-making should be military movements on the battlefields of Iraq, not political maneuverings in the halls of Congress.

Even as our troops have begun to take Baghdad back step-by-step, there are many in this Congress who have nevertheless already reached a conclusion about the futility of America's cause there, and declared their intention to put an end to this mission not with one direct attempt to cutoff funds, but step by political step. No matter what the rhetoric of this resolution, that is the reality of the moment. This non-binding measure before us is a first step toward a constitutional crisis that we can and must avoid.

Let me explain what I mean by a constitutional crisis.

Let us be clear about the likely consequences if we go down this path beyond this non-binding resolution. Congress has been given constitutional responsibilities. But the micro-management of war is not one of them. The appropriation of funds for war is.

I appreciate that each of us here has our own ideas about the best way forward in Iraq, I respect those that take a different position than I, and I understand that many feel strongly that the President's strategy is the wrong one. But the Constitution, which has served us now for more than two great centuries of our history, creates not 535 commanders-in-chief, but one—the President of the United States, who is authorized to lead the day to day conduct of war.

Whatever our opinion of this war or its conduct, it is in no one's interest to stumble into a debilitating confrontation between our two great branches of government over war powers. The potential for a constitutional crisis here and now is real, with congressional interventions, presidential vetoes, and Supreme Court decisions. If there was ever a moment for nonpartisan cooperation to agree on a process that will respect both our personal opinions about this war and our nation's interests over the long term, this is it.

We need to step back from the brink and reason together, as Scripture urges us to do, about how we will proceed to express our disagreements about this war.

We must recognize that, while the decisions we are making today and we are about to make seem irretrievably bound up in the immediacy of the moment and the particular people now holding positions of power in our government, these decisions will set constitutional precedents that will go far beyond this moment and these people. President Bush has less than two years left in office, and a Democrat may well succeed him. If we do not act thoughtfully in the weeks and months ahead, we will create precedents that future Congresses, future Presidents, and future generations of Americans will regret.

Right now, as the battle for Baghdad begins, this institution is deeply divided. However, we should not allow our divisions to lead us to a constitutional crisis in which no one wins and our national security is greatly damaged. We are engaged, as all my colleagues know, in a larger war against a totalitarian enemy - Islamist extremism and terrorism - that seeks to vanquish all of the democratic values that it is our national purpose to protect and defend.

Whatever our differences here in this chamber about this war, let us never forget the values of freedom and democracy that unite us and for which our troops have given and today give the last full measure of their devotion. Yes, we should vigorously debate and deliberate. That is not only our right, it is our responsibility. But at this difficult juncture, at this moment when a real battle, a critical battle is being waged in Baghdad, as we face a brutal enemy who attacked us on 9/11 and wants to do it again, let us not just shout at one another, but let us reach out to one another to find that measure of unity that can look beyond today's disagreements and secure the nation's future and the future of all who will follow us as Americans.

I thank the chair and I yield the floor.

-30-

Senator Joe Lieberman's Homepage


TOPICS: Government; War on Terror
KEYWORDS: iraq; lieberman
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To: bnelson44

Senator Lieberman has once again earned my respect.

BTTT!


41 posted on 02/16/2007 3:36:31 PM PST by Chena
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To: bnelson44
threatens to consume our government

The Gov't? It might very well consume the Gov't, but the country is also in grave danger.

42 posted on 02/16/2007 3:38:59 PM PST by RightWhale (300 miles north of Big Wild Life)
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To: mware

I'm believing more and more that if push comes to shove, Joe will announce that he's ready to caucus with the GOP, and thus hand them the Senate. I don't think he'll even have to change his party affiliation to do that.


43 posted on 02/16/2007 3:42:17 PM PST by zook (America going insane - "Do you read Sutter Caine?)
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To: bnelson44

Unfortunately the president brought this on himself when he stated, about the Iraq war:

"Victory will not look like the ones our fathers and grandfathers achieved. There will be no surrender ceremony on the deck of a battleship. But victory in Iraq will bring something new in the Arab world -- a functioning democracy that polices its territory, upholds the rule of law, respects fundamental human liberties, and answers to its people."

A president who cannot clearly articulate as simple a concept as victory, and in it's place holds up a delusion - that Arab democracy is remotely possible - has asked for the opposition and chaos he is getting.


44 posted on 02/16/2007 3:51:58 PM PST by RFEngineer
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To: bnelson44

Good speech. Makes sense, but Joe is the ONLY one on the wrong side of the isle who makes it. What ever happened to the "Blue Dog" Democrats? Were they taken to the dog pound by these radicals?


45 posted on 02/16/2007 4:00:54 PM PST by GoldenPup
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To: GoldenPup
They are still around, they just don't act like it anymore.


46 posted on 02/16/2007 4:03:39 PM PST by bnelson44 (Proud parent of a tanker! (Elections have repercussions, you reap what you sow.))
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To: bnelson44

There is no constitutional crisis, the Constitution is quite clear who is the Commander in Chief, and it is traitorous that the Legislative branch is attempting to usurp that authority.

Every last one of them that vote for the "resolutions" should be halled off and face a firing squad.


47 posted on 02/16/2007 4:09:50 PM PST by HamiltonJay
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To: HamiltonJay

Except Barney Frank please. He's fun to pick on...


48 posted on 02/16/2007 4:11:40 PM PST by xmission (Dont isn't a strategy, Freedom isn't Free, Dems encourage our enemy,)
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To: muawiyah
Lieberman is right about a Constitutional crisis coming down the pike, but he's wrong about it being between two branches of government. Rather, it's going to be a rather bloody civil war, and if we're lucky, this time we'll come out of it without any more Democrats.

Let's get it on. These little snivelings wll run to France when the going gets tough.

49 posted on 02/16/2007 4:11:45 PM PST by Digger (If RINO is your selection, then failure is your election)
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To: Dog

"I don't think they ever thought we would have a political party in power who has become so deranged by hatred for one man.... George W. Bush....that they would risk a full blown Constitutional Crisis....to teach that one man a lesson that could harm generations yet unborn."

So important an observation, it bore repeating.


50 posted on 02/16/2007 4:12:22 PM PST by RinaseaofDs (Ignorance should be painful)
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To: bnelson44

Lieberman is a Democrat patriot. He is a unicorn. He is an exception to a very sad and tawdry norm.

He is also shouting down a well. The other Dems don't care if this action provokes a constitutional crisis, and they don't care if it damages battlefield operations underway, they don't care if it undercuts the morale of men whose lives are on the line at this very moment, and they don't care if it dishonors them and their party.

Men who have no honor don't miss it.


51 posted on 02/16/2007 4:13:51 PM PST by marron
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To: bnelson44

What's driving me nuts is that politians are playing politics with our troops lives and the success of democracy in the Mid East...........aaaaaagh.


52 posted on 02/16/2007 4:16:58 PM PST by kickme (...at the window watching....)
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To: marron

Men who have no honor don't miss it.

Amen


53 posted on 02/16/2007 4:20:32 PM PST by bnelson44 (Proud parent of a tanker! (Elections have repercussions, you reap what you sow.))
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To: RinaseaofDs

What is really scary is that they are sneaky enough to think of pulling this. Evidently they pulled the cloture nonsense at the last minute for a Saturday vote, when allot of senators were on their way home.


54 posted on 02/16/2007 4:23:04 PM PST by xmission (Dont isn't a strategy, Freedom isn't Free, Dems encourage our enemy,)
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To: muawiyah
From The Astrological Chart of the United States, by Gar Osten, published in 1976.

2007-08

Progressed Mars retrograde – the planet of war, internal strife and division – is likely to be serious because of its close proximity to the US Saturn, which rules the 8th House (mortality). This points to the beginning of an 87 year cycle of intense activity, with particular emphasis upon the military and armed forces. It could mark the rise of a dictatorship, with 2031-32 being especially dangerous. There is also considerable emphasis upon the 11th House (Congress and the states), which could suggest the elimination of the presidency in favor of collective leadership of some kind because of a national emergency. The 6th House emphasis (working class) suggests some kind of rebellion, civil war or warlike action, with heavy loss of life. This is the first retrograde action of progressed Mars since the beginning of US history. Previous contacts between progressed Mars and Saturn in 1812 brought a war with Britain, and in 1979 a warlike situation with Iran.

55 posted on 02/16/2007 4:26:57 PM PST by Publius (A = A)
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To: bnelson44

Dubya's going to get his arse tanned and impeached before this is all over.


56 posted on 02/16/2007 4:28:18 PM PST by HitmanLV ("I mean, that's a storybook, man!")
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To: gobus1
re: The Dems are far more dangerous to our country than any outside power

Once again time to reflect on the prophetic words of Abraham Lincoln well over 100 years ago. Read these words and think about them, they have never been truer!

"At what point shall we expect the approach of danger? By what means shall we fortify against it? Shall we expect some transatlantic giant to step the ocean and crush us at a blow?

Never. All the armies of Europe, Asia, and Africa combined could not, by force, take a drink from the Ohio or make a track on the Blue Ridge.

At what point then is the approach of danger to be expected? I answer, if it ever reach us, it must spring up among us. It cannot come from abroad. If destruction be our lot, we ourselves, must be its author and its finisher."

And what's REALLY scary is that these words have been removed from the speech given by the Lincoln character in the Hall of Presidents at Disney! Someone at Disney decided they were too much for the present generation, that they were too much 1950's.

As the guy on the radio commercial says "Wake up, Amuricah!"
57 posted on 02/16/2007 4:28:24 PM PST by jwparkerjr
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To: xmission

Seditious, indeed.


58 posted on 02/16/2007 4:29:54 PM PST by RinaseaofDs (Ignorance should be painful)
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To: HitmanLV
"Dubya's going to get his arse tanned and impeached before this is all over."


59 posted on 02/16/2007 4:40:02 PM PST by monkapotamus
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To: monkapotamus

Nice picture, but Dubya isn't going to be removed from office. Just impeached in the House. Any time he has left in office after that will be spent accomplishing nothing notable.


60 posted on 02/16/2007 4:41:49 PM PST by HitmanLV ("I mean, that's a storybook, man!")
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