No War With Iran

January 9, 2020

The following message came from the Peace Corps Iran Association, an organization of former Peace Corps Volunteers who served in Iran. The committee responsible for these alerts has been staying abreast of the situation, and sent this alert yesterday:

ACTION ALERT      January 8, 2020

NO WAR WITH IRAN:  Let cooler heads prevail

The Trump administration got more than it was bargaining for with the assassination of Qasem Soleimani. This precipitous and ill-considered strike has focused attention on legislation to re-assert Congress’ war authority, called into question the role of the US military presence in the Middle East, and prompted appeals for diplomacy from leaders across the globe. The trajectory of the US-Iran conflict is in the balance. There are opportunities to turn that trajectory away from warfare and toward diplomacy.  WE ASK YOUR HELP — IMMEDIATELY:

Tell your Congressional representatives to vote for legislation that will avert war:

  • War Powers Resolution: House Speaker Nancy Pelosi is working with various congressional leaders on a War Powers Resolution. Please support language that will immediately and unequivocally curtail the President’s military actions and reassert Congress’ Constitutional authority.
  • No funds for war with Iran: Congressman Ro Khanna is introducing legislation to prohibit any funding for offensive military action in or against Iran without prior congressional authorization.
  • Repeal the Authorization for Use of Military Force: Congresswoman Barbara Lee is sponsoring a bill to repeal the AUMF of 2002, which the administration might use (without legal basis) to justify attacking Iran.

Quick facts and takes:

There are several versions of a War Powers Resolution. We recommend supporting the version sponsored by Representative Barbara Lee, which would curtail military hostilities immediately.  Another, introduced by Senator Tim Kaine in the Senate, provides that that if no further Congressional action is taken, the Administration’s military hostilities with regard to Iran cease within 30 days. The House counterpart is being led by Representative Elissa Slotkin. 

As amendments to the National Defense Authorization Act (NDAA), bills to repeal the AUMF passed Congress last year with bipartisan votes. However, they were dropped from the final NDAA.

Iran remains ‘in’ the Joint Comprehensive Plan of Action (JCPOA) but is ratcheting up incremental violations. As planned, Iran announced its fifth (and apparently final) cut to its implementation of the JCPOA this past weekend: it will no longer restrict its quantity of centrifuges.  Inspections by IAEA will continue. In short: Not all bridges are burned: There is room to recommit to and strengthen the JCPOA.


The AUMF and War in the Middle East

June 18, 2019

Among the problems with the outdated Authorizations for the Use of Military Force are the countries trying to get Uncle Sam to fight their wars, the difficulty in telling who did what, and in knowing what even our own Administration is up to. Remember that one American Administration took us into Vietnam on the basis of attacks on American military vessels that never happened, and another Administration took us into Iraq on the basis of similarly cooked evidence.

Nor is it easy to tell what the current Administration is doing. The Administration tells us it is confronting Russia by implanting weapons in their power grids.[1] But Trump Administration officials warned the former secretary of Homeland Security not to bring up its efforts to confront Russian interference with upcoming American elections.[2] Are we facing them or bowing to them? As Bret Stephens put it, “the Trump administration has credibility issues, to put it mildly, which is one reason why electing a compulsive prevaricator to the presidency is dangerous to national security.”[3]

Should we support the Administration’s warlike stance toward Iran, on the assumption that we have accurate information that Iran torpedoed two tankers in the Gulf of Oman, including one that is Japanese owned, or should we believe the Japanese that the ships were attacked “by a ‘flying object’” from the air, not torpedoes in the water?[4] Is the best comparison the cooked attack in the Gulf of Tonkin in the Johnson Administration or the cooked claims that Iraq had weapons of mass destruction in the George W. Bush Administration?[5]

And what is all this for? Trump says he wants to stop Iran from going nuclear but Obama had already done that for the foreseeable future. Trump instead released Iran from its obligations under the nuclear agreement. The difference seems to be that Trump wants the credit. But he keeps threatening Iran and getting mad when they don’t lie down and play dead. Worse, Iran is disciplined and intelligent enough to find ways to fight back. Trump seems to figure that Iran alone has no right to fight back, though that way of thinking is likely to involve us in a totally unnecessary war, unnecessary because the agreement he terminated did a pretty good job.

The fist pumping and showing off of military hardware is supposed to make Trump look tough, but it risks the lives of American men and women, not to protect America, but to protect Trump’s reputation, whether as tough guy or as bully depending on whom you ask.

American lives should not be spent in the Middle East. There’s little evidence that we can do any good. Its oil is no longer important and would be better left in the ground. It’s run by a bunch of petty dictators, most of whom would fade into insignificance without American aid and involvement. Moreover, by comparison to most countries in the Middle East, Iran has a relatively stable democratic system. Iran’s clerics have certainly imposed limits but nevertheless the people have a major voice in the choice of the Prime Minister and the legislature. Let Saudi Arabia and the other Gulf states fight their own battles.

Meanwhile, I completely agree with Paul Barker, another former Peace Corps Volunteer who served this country in Iran, like I did, and who wrote the LA Times that before this Administration “leads the U.S. into yet another disastrous war, our lawmakers must repeal the 2001 and 2002 Authorizations for the Use of Military Force and secure the passage of the Prevention of Unconstitutional War with Iran Act. The U.S. can ill afford to stumble into yet another forever war in the Mideast.”[6]

[1] David E. Sanger and Nicole Perlroth, U.S. Escalates Online Attacks on Russia’s Power Grid, https://www.nytimes.com/2019/06/15/us/politics/trump-cyber-russia-grid.html.

[2] Eric SchmittDavid E. Sanger and Maggie Haberman, In Push for 2020 Election Security, Top Official Was Warned: Don’t Tell Trump, https://www.nytimes.com/2019/04/24/us/politics/russia-2020-election-trump.html?action=click&module=RelatedCoverage&pgtype=Article&region=Footer.

[3] Bret Stephens, The Pirates of Tehran: If Iran won’t change its behavior, we should sink its navy, https://www.nytimes.com/2019/06/14/opinion/iran-oil-tanker-attack.html?action=click&module=Opinion&pgtype=Homepage.

[4] Eliot Higgins, Was Iran Behind the Oman Tanker Attacks? A Look at the Evidence, June 14, 2019, https://www.nytimes.com/2019/06/14/opinion/iran-tanker-attacks.html?action=click&module=RelatedLinks&pgtype=Article.

[5] Id.

[6] Paul Barker to the LA Times, , 5/18/19.


War and the Separation of Powers

September 10, 2013

In 1950 Harry Truman sent troops to Korea without consulting Congress. Republican criticism did not withstand American hostility to Communism and American nostalgia for give ‘em hell Harry. It became a precedent. Read the rest of this entry »


Assassination by presidential decree – disclosure needed

January 29, 2013

David McCraw, vice-president of the New York Times and a graduate of Albany Law, has been involved in a lawsuit for documents showing how the Administration decided which Americans to assassinate who were on foreign soil but not in war zones. United States District Judge Colleen MacMahon decided that the government did not have “to explain in detail the reasons why its actions do not violate the Constitution and laws of the United States.”

But she added, “The Alice-in-Wonderland nature of this pronouncement is not lost on me” and she called it “a veritable Catch-22.” Read the rest of this entry »


What’s Wrong with Spying?

May 1, 2012

The AP recently revealed a spying operation by the New York City police on Muslims and Muslim institutions. What should we think about that? Read the rest of this entry »


Due process & targeted assassination

April 24, 2012

Tasked with helping draft a constitution for India after World War II, B. N. Rau traveled abroad speaking to jurists. In Washington, Supreme Court Justice Frankfurter advised Rau not to include a due process clause in the Indian Constitution. Instead India should have a clause simply requiring that no one be charged with a crime but by the law of the land. That was the meaning of the Magna Carta in 1215 which said:

 No freemen shall be taken or imprisoned … or in any way destroyed … except by the lawful judgment of his peers or by the law of the land.

 That meant Parliamentary supremacy. Whatever crimes and procedures the legislature defined were kosher. But there was no check on the legislature. Read the rest of this entry »


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