Libya: Not Quite Mission Accomplished Or Legal

(4 pm. – promoted by ek hornbeck)

While the world will not miss Mommar Gadaffi, there are some very serious questions about how this was achieved, particularly for Americans who were opposed to Pres. George W. Bush military intervention policies while excusing Obama’s violation of the law.

Glenn Greenwald makes two salient points in his critique of an article by Michael Tomasky in the Daily Beast that argues “the war in Libya highlights how “one can see how he (Obama) might become not just a good but a great foreign-policy president” and how some intellectual progressives conceive of the Obama presidency”.

First, this is not “mission accomplished” by any means:

No matter how moved you are by joyous Libyans (just as one was presumably moved by joyous Iraqis); no matter how heinous you believe Gadaffi was (he certainly wasn’t worse than Saddam); no matter how vast you believe the differences are between Libya and Iraq (and there are significant differences), this specific Iraq lesson cannot be evaded.  When foreign powers use military force to help remove a tyrannical regime that has ruled for decades, all sorts of chaos, violence, instability, and suffering — along with a slew of unpredictable outcomes — are inevitable.

Greenwald’s second point is the illegality:

The Atlantic‘s Conor Freidersdorf argues that no matter how great the outcome proves to be, Libya must be considered a “Phyrrhic victory for America” because:

   Obama has violated the Constitution; he willfully broke a law that he believes to be constitutional; he undermined his own professed beliefs about executive power, and made it more likely that future presidents will undermine convictions that he purports to hold; in all this, he undermined the rule of law and the balance of powers as set forth by the framers.

snip

The New Yorker‘s Amy Davidson warns of the serious precedential dangers not only from Obama’s law-breaking but from our collective willingness to overlook it.  Honestly: can anyone claim that if George Bush had waged an optional war without Congressional approval — and continued to wage it even after a Democratic Congress voted against its authorization — that progressives would be lightly and parenthetically calling it “ridiculous” on their way to praising the war?  No, they’d be screaming — rightfully so — about lawlessness and the shredding of the Constitution; that this identical contempt for the law by Obama has become nothing more than a cursory progressive caveat (at most) on the way to hailing the glorious war is astounding.

(emphasis mine)

The Nation’s Jeremy Scahill appeared on MSNBC’s Morning Joe discussing Libya setting Gov. Howard Dean and Newsweek‘s Tina Brown straight. He says what’s happening in the country is essentially “a NATO enforced regime change” and that President Obama is “implementing the Bush domino agenda in the Middle East”. Scahill also expresses concern that the US is making future enemies across the Middle East.

This article was a tough call for me to write because like so many I would rejoice to see Gadaffi in shackles at The Hague and that this revolution was initiated by the Libyan people. That said and as Glenn also points out in his article:

Does anyone know how many civilians have died in the NATO bombing of Tripoli and the ensuing battle?  Does anyone know who will dominate the subsequent regime? Does it matter?

But my, how soon some have forgotten the Bush regime’s policies.