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In RRageand the Republic, I quote former Rep. Jaamal Bowman (D., N.Y.) as capturing the essence of an age of rage when a colleague asked him to stop yelling outside of the House floor. Bowman responded, “I was screaming before you interrupted me.”
Bowman’s statement came to mind this week when Democratic members were miffed when they were interrupted in tirades over war powers with questions about their prior support for unilateral attacks by Democratic presidents. Leaders like Rep. Nancy Pelosi (D., Cal.) and Sen. Adam Schiff (D., Cal.) struggled to explain their prior support for President Barack Obama in doing precisely that in Libya with embarrassing results.
The greatest face plant may have been Schiff’s appearance on “Real Time” with host Bill Maher.
After Schiff denounced any attack without prior congressional approval, Maher read “This statement from the administration: ‘The president had the constitutional authority to direct the use of military force because he could reasonably determine that such use of force was in the national interest.’”
Mayer than dropped the H bomb: “Okay. Because that’s from Obama about Libya.”
🚨Bill Maher TRAPS Sen. Adam Schiff LIVE on air while U.S. strikes on the Middle East.
Schiff rips into the “vague” statement, convinced it’s from Trump… BUT FINDS OUT IT’S FROM OBAMA🤣
The double standard is glaring. 😂pic.twitter.com/qpQoOU4Hqn
The moment laid bare the towering hypocrisy of democrats who continued to support Obama after he attacked Libya without any suggested imminent threat to the United States and an open strategy of regime change.
I represented members of Congress opposing that war over the absence of a declaration of war; most of the senior Democrats today refused to join that litigation.
She expressly declared that Obama did not need congressional authorization to launch unilateral attacks on Libya seeking regime change. She stated unequivocally that ”I’m satisfied that the president has the authority to go ahead. I say that as one very protective of Congressional prerogative and consultation all along the way.”
Reporters then followed up and pressed her if she really believed that a president could not only launch an unprovoked war but could also continue combat operations without congressional approval. Pelosi answered “yes.”
This week, she made a ham-fisted effort to spin the contradiction. She told the media that the Iran and Libyan wars are “two completely different things. They’re not at all alike.”
Pelosi added, “What Obama did was limited military force. This is beyond that. It was limited military force.” In signature fashion, she then struck out at pesky reporters asking about her past position: “Do your homework. Read the law. We have lost people in war already… I just think if you read the law, you will see the difference.”
The Libyan War was not limited. The Obama Administration attacked the capital city of a country that was posing no imminent threat to the United States. It also took out columns of Libyan military units. It did so with the overt strategy of producing regime change. Figures like then-Secretary of State Hillary Clinton supported the action, which led to years of violence and instability in the country.
More importantly, it is immaterial how the two major operations stack up. The question is whether a president can launch large-scale military operations against another country based on their inherent Article II powers. Both Obama and Trump maintained that they could do so and we lost the challenge to the Libyan War.
Moreover, while there are good-faith objections to the need for the attack, presidents have successfully claimed the right to initiate combat operations without congressional authorization. That has boxed in Congress since the Jefferson administration.
Even though both Democratic and Republican presidents have questioned the constitutionality of the War Powers Act, Trump has actually complied with the requirements to notify and consult with Congress. The law requires presidents to inform Congress within 48 hours if U.S. forces are introduced into hostilities and requires congressional authorization for engagements that last more than 60 days.
Moreover, both houses have now voted and rejected any limits on Trump’s authority to prosecute this war.
In 2011, Sen. Richard Blumenthal praised Obama’s unilateral attack on Libya as a “prudent, decisive action.” This year, he denounced Trump’s attack on Iran as a “unilateral action without accountability…engaging in a war of choice that rejects opportunities for diplomacy.”
These glaring contradictions mean little today in our post-truth political environment. These politicians know that their base does not care as long as they oppose Trump. The obvious misrepresentation of their positions in the past would ordinarily be viewed as raw contempt for the intelligence of the voters. However, they know their base and the license of rage. They also know that the media will not press particularly hard on their flip-flop.
It is that rage that is giving Democrats the courage to vote virtually unanimously to end all combat operations in the midst of an existential battle over Iran. It is the same assurance that is evident in continuing the government shutdown by denying funding to the Department of Homeland Security.
The vote not to fund Homeland Security during a fight with the leading state sponsor of terrorism may stand as the single most reckless, irresponsible vote since Congress authorized the payment of “tribute” to the Barbary Pirates.
The important thing is that, now that these members simply denied that there is any contradiction with their positions from prior Democratic Administrations, they can now avoid further interruptions in this rage rave.
Jonathan Turley is a law professor and the author of the New York Times bestselling “Rage and the Republic: The Unfinished Story of the American Revolution.”