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Joe Makes a Strategic Retreat

09.26.07 -- 3:26PM
By Josh Marshall

In yesterday's episode of TPMtv we brought you news of the Kyl-Lieberman amendment, the backdoor use of force resolution against Iran. They just voted on the amendment in the Senate, and in today's episode we bring you up to speed on what went down ...

Late Update: More details on Kyl-Lieberman here at 'National Security Advisors', a national security blog.

Later Update: TPM Reader TC dissents ...

I just watched your "Veracifier" piece on the Kyl-Lieberman amendment. I'm mystified by your analysis. Paragraphs 3 and 4 were largely irrelevant, as evidenced by Lieberman's ready willingness to drop them. The essential part of the amendment was the designation of the Iranian Revolutionary Guard as a terrorist organization. That's all bush needs to attack Iran. The Iraq AUMF conceded Bush's inherent constitutional authority to deter terrorist attacks, and Bush will now certainly characterize any hostile action by the IRG, however immaterial, as a terrorist attack. Now that the IRG is a terrorist organization, Bush can attack with further congressional authorization. The IRG is obviously a part of, and under the control of, the Iranian government. Accordingly, authority to attack the IRG is authority to attack the Iranian government. Would any democrat dare suggest that Bush's authority extended only to the IRG proper, but not to the "command and control" functions residing in the Iranian government? Not likely. I really hate to say this, but the terrorist designation was really the whole point for Lieberman all along. Paragraphs 3 and 4 were just decoys.

My response is that I think this is largely a matter of emphasis. Designating the IRG a terrorist organization does open a backdoor way for the president to say he has authorization to use force against Iran. But the president himself already made this designation, via the State Department. Congressional confirmation does add to that. But I think paragraphs 3 & 4 were even more dangerous. So the upshot is not that the bill is innocuous. It's just not as bad as it was. At least that's my read. For those Dems who voted for it, it was still a really bad vote.

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