Obama one-ups Senate rivals, sets date for troop withdrawal

Sen. Joe Biden (D-Del.) unveiled a non-binding resolution condemning the president’s policy. It was followed by Sen. Chris Dodd’s (D-Conn.) resolution that would cap troop numbers on January 16 levels. Sen. Hillary Clinton (D-N.Y.) unveiled her own resolution, requiring the president to get Congress’ permission before sending additional troops. Yesterday, Sen. Barack Obama (D-Ill.) went further than all of them.

Sen. Barack Obama of Illinois, one of the most prominent Democrats in the 2008 presidential field, proposed for the first time setting a deadline for withdrawing troops from Iraq, as part of a broader plan aimed at bolstering the freshman senator’s foreign policy credentials.

Obama’s legislation, offered on the Senate floor last night, would remove all combat brigades from Iraq by March 31, 2008. The date falls within the parameters offered by the bipartisan Iraq Study Group, which recommended the removal of combat troops by the first quarter of next year.

“The days of our open-ended commitment must come to a close,” Obama said in his speech. “It is time for us to fundamentally change our policy. It is time to give Iraqis their country back.”

I’ve always been a fan of deadlines for Iraqis, because they tend to work. When Iraqis were given a deadline for creating a constitution, they met it. When they were given a deadline for provisional elections, they met that, too. When they were given a deadline for parliamentary elections, they met that, too. Deadlines create a sense of urgency and prompt action — they’re the opposite of an open-ended commitment.

With this in mind, I’m inclined to like the basic structure of Obama’s “Iraq War De-escalation Act of 2007.” Escalation would be cancelled. Withdrawals would begin in May, but would leave some forces in Iraq to conduct counterterrorism activities and train Iraqi forces. If Iraqis wanted to prevent withdrawal, they’d have to meet a series of fairly specific benchmarks.

There are, however, some practical concerns.

Kevin Drum argues that Congress has some choices here: “Congress can declare war, it has certain military rulemaking powers, and it can fund and defund a war. But that’s it.” Obama’s plan, therefore, isn’t within Congress’ purview.

Like it or not, Congress simply doesn’t have the power to manage specific operational aspects of a war. Big Tent Democrat made the case for this a couple of weeks ago, and I think it’s pretty convincing.

Now, this is not a problem. Anyone who seriously wants us to withdraw from Iraq merely needs to introduce legislation defunding the war. Even Dick Cheney agrees that Congress can do this. But Obama’s description of his legislation very carefully avoids any mention of funding other than to explicitly say that it “does not affect the funding for our troops in Iraq.” (Italics mine.) Without that, he must know that his legislation is almost certainly futile.

For the defense, we have Mark Kleiman, with the opposite take.

[I]f I read Obama’s statement correctly, he means that it won’t reduce funding for troops currently in Iraq; it will forbid adding new ones, and it will mandate a systematic withdrawal by a date certain. Clearly the Congress has the power to limit not only funding but troop levels, and it has the power to order the Pentagon to plan and execute a withdrawal.

Congress’s inability to control operations in detail stems from its lack of capacity, not any Constitutional limitation. That’s the brilliance of the Obama plan: it puts the operational responsibility where it belongs, but it dictates an endpoint.

Kleiman adds that Obama’s approach “provides a legally binding and administratively and tactically feasible process for doing the job: a cap on troop strength now, a requirement that the Pentagon prepare a withdrawal strategy that gets our combat troops out by March of next year, with a Presidential option to come back to Congress for a relaxation of that deadline, if the Iraqis hit certain targets.” It also “allows Bush and Petraeus to approach al-Maliki as the good cops to the Democrats’ bad cops.”

I’m not a constitutional scholar, but I tend to lean more towards Kleiman’s interpretation.

But even if we accept Kevin’s argument, there’s the political angle to consider, which I think works very well in Obama’s favor. Republicans argue that Dems aren’t willing to offer a substantive plan of their own. Dems argue that presidential aspirants should step up and offer a forceful opposition to the president’s policy. Obama’s plan does both.

Good for him. There’s also a video clip of Obama talking about his proposal on the Senate floor yesterday.

Let the mudslinging commence. They’ve largely held off until now (except for the ridiculous ‘madrassa’ ‘news’), but this will open the floodgates.

I’m liking Obama more and more.

  • Hey, the Executive Branch pays little attention to what they are Constitutionally allowed to do and not do. Time for someone else to step up and play the GOP’s favorite game “Musical Three Legged Stool: Which Branch am I?”

    Obama could suggest that the funding levels for troops deployed in combat zones adjust based upon his standards. I doubt anyone expects anything tocome of this legislation but it is truely the thought that counts. We need to get W off his game and make him play defense.

  • Kevin Drum is not exactly correcton Congress and war powers.

    From the Feingold-conducted hearing yesterday:

    “I think the constitutional scheme does give Congress broad authority to terminate a war,” said Bradford Berenson, a Washington lawyer who was a White House associate counsel under Bush from 2001 to 2003.

    “It is ultimately Congress that decides the size, scope and duration of the use of military force,” said Walter Dellinger, former acting solicitor general — the government’s chief advocate before the Supreme Court — in 1996-97, and an assistant attorney general three years before that.

    “I would respectfully suggest to the president that he is not the sole ‘decider,'” said Specter, the head of the Judiciary Committee until Democrats won control from Republicans in November. “The decider is a shared and joint responsibility.”

    http://today.reuters.co.uk/news/CrisesArticle.aspx?storyId=N30355085&WTmodLoc=World-R5-Alertnet-2

  • CB wrote:
    Republicans argue that Dems aren’t willing to offer a substantive plan of their own.
    You aren’t understanding. The Republicans ignore any plan whose goal is for the US to “win” in Iraq. Therefore, Obama is just another cut-and-runner who is stabbing in the troops in the back and who didn’t propose a “serious” plan.

  • Seems like Obama waits until last, then swoops in and makes all other proposals less appealing. All without stepping on toes or ruffling many feathers, a real statesman.

  • Apparently it takes Obama’s simple openness and blunt honesty to trump all that insincere pussyfooting and johnny-come-lately triangulation. While the others take forever, and look as though they need a shot of Bean-o before announcing their belabored thoughts, Barack makes it look easy.

  • Darn. Got the wording wrong in my prior comment. …ignore any plan whose goal is for the US to “win” in Iraq. is wrong. Should have been …that doesn’t have the US “winning” in Iraq as its goal.

  • Obama’s plan is functional, if it includes a funding terminus for any future troop-injections. “Funding the troops that are already in-country” is fine; just don’t fund any future deployments after a certain date—and define any future deployments to Iraq after a given date as a form of escalation.

    Time for someone to rotate home? Fine—bring that soldier home; just don’t send a replacement. It’s now up to “Riki-Maliki-Tavi” and his Baghdad Puppet Theater to get it in gear, and replace the homeward-bound US soldier with an Iraqi counterpart.

    Casualty-caused reductions in US force strength? Same thing—the Iraqi government needs to start standing up.

    Seems pretty simple to me—and the argument that it somehow reduces the security of the United States does not hold water. Why? Because Iraq is not US sovereign soil—and it never will be….

  • Without that, he must know that his legislation is almost certainly futile.

    It could be that he’s trying to see if public disapproval of the result when the commentators start to say the legislation is futile will begin to make other people in power look at the possibility that the legislation isn’t futile more seriously. If it doesn’t work, at least he makes himself look good to people who want congress to be able to have a say.

    Also, when he puts in the legislation expressly that he’s not taking funding from the troops he might be trying to pre-emptively defend against Republican distortion of this legislation- if they try to say that he wants to take equipment away from troops that are still in the field (instead of just discontinuing the operation).

    I don’t know about the war powers question about president versus congress. It seems like there’s some disagreement though.

  • Keep pushing the Overton Window, Barak! Remember when benchmarks and deadlines were crazy-talk? Now they’re part of the Republicrook proposals.

    Here’s a great discussion about what “the Overton window” is, and how we should be using it (as our enemies do):
    http://www.dailykos.com/storyonly/2006/5/9/205251/2950

    …the GOP knows that the middle DOES matter. They know that by playing to their base in very well-crafted ways, they can shift the very definition of what the middle is. By introducing radicalism into the public discourse (and taking initial heat for it), whatever used to be radical within this context becomes moderate by comparison…

    Impeach the criminals. Send them to the Hague. Restore the Constitution.

    Are these radical ideas? Not so much anymore.

  • I’m glad he’s doing this. I’m also glad about Feingold’s moves this week. I think Cheney and Bush decided to escalate to distract, and it’s worked. Congress has been focused on resolutions opposing the escalation instead of ending the war. Good for Obama! I think they should also pass a resolution emphasizing the limits of the 2002 resolution, clarifying that it does NOT permit expansion into Iran.

  • Ted Koppel had an interesting commentary on NPR this morning. He said that the only honest way of talking about deadlines is that we will pull out in stages as and when the Iraqis meet specific levels of capability, rather than trheatening that they have to meet certain levels of capability according to our schedule for troop withdrawal. Basically, he was taking Colin Powell’s line that since we broke it, we’re now responsible for fixing it. We invaded Iraq to further our own interests, not because they asked us to, so we can’t turn around and put the onus of recovery on them, telling them, in effect, “well, we gave it a good try and we’ve done all that anyone could expect us to do, so now we’re leaving and it’s time for you guys to get your act together.” I don’t like that we are in Iraq. I detest the Republican mismanagement of the war. I wish that we were out of there. However, we do have a huge responsibility, and I don’t know how to fix it, although what Bush is currently doing seems only to be making it worse.

  • Barack made a good move. It’s definitive, it’s radical without being reckless, it will accomplish the generally accepted goal of ending our involvement and it will make people take sides. The worst that can happen for Obama is that the idea gets shot down, but he will have proven his bravery for even trying.

  • This was a frequent point of contention over at Unclaimed Territory (Glenn Greenwald’s blog) between a commentator named “Bart” and myself. Like the Carpetbagger, I agree with Kleinman on this, based a straight reading of Article II.8.14 of the Constitution itself. To whit:

    To make Rules for the Government and Regulation of the land and naval Forces;

    I read this to mean the Congress could potentially micromanage military opertaions down to how many bullets troops may load into the their weapons, never mind control where or when they are deployed.

    Like Kleinman, I agree that it is a lack of capacity (and a testement to common sense) that the Congress hasn’t exercised this power before. But then, the country hasn’t quite had the sort of military and political crisis it faces now. Whether Senator Obama’s resolution actually makes it anywhere or even registers remains to be seen.

  • Damn, I didn’t copy my comments.

    Here’s the gist:

    1. This Administration routinely breaks the law. To stop it, we’d need members of Congress to take a case to the Supreme Court, which would have to want to greatly prioritize the case to get a speedy resolution. If we want a rapid legal resolution, we’re much better off simply impeaching Bush and Cheney.

    2. The comments on withdrawal above seem to view Iraq in a vacuum. It’s all very well to talk about Iraqis then stepping up to the plate, but what will the Iranians be doing in the meantime?

    3. Wesley Clark believes that we are about to make war on Iran without ever trying diplomacy. Clark believes that the great failure in our current policy is this lack of diplomacy, not the lack of timelines. In fact, he sees the whole idea of talking about timelines at this point as politicians simply playing to the American audience, instead of sensible and safe foreign policy. He believes we need to meet with countries like Iran and Syria before revealing our plans. That way, we can let Syria ask us to leave in 6 months, and we can say that we’ll do that if Syria will agree in exhange to do something for us. We give up our bargaining chips if we have already established timelines. Talking with these other players in the region will allow for the safest withdrawal for both Americans and Iraqis, and can prevent our going to war against Iran.

    4. Clark is also against the surge, but feels that it is not as serious a problem as the lack of diplomacy. So what does Clark suggest we do? He suggests that instead of this posturing against the president, we approach the president with diplomacy. This is what he said on Air America, January 11:

    Look, we got to lift our heads up. Bush is trying to rearrange the deck chairs as the titanic sails toward an iceberg, and I don’t want to see good people arguing about whether there should be more deck chairs in the front of the deck or the back of the deck.

    That’s not the appropriate question. The appropriate question is: How can we get the Captain to change course before he hits the iceberg, and his request for troops gives the Congress the chance to say, ‘Mr. President, you know, we’re not sure that this makes a whole lot of sense, but for it to make any sense, you need a better strategy. So, you’ll come back with a change in strategy, and we’ll look more favorably at your troops ideas.’

    So how about it, Steve? How about we think about a non-confrontational approach to turning the Administration’s foreign policy around?

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