Time Running Out in Libya?
Even defenders of broad presidential prerogatives are starting to conclude that Obama’s war in Libya violates the original legal justification for it offered by the Office of Legal Counsel (OLC) in the Department of Justice.
Briefly put, the OLC said the Libyan war was not a war because the operation would be limited as to means, objectives, and duration. Thus, the OLC argued, neither the Constitution nor the War Powers Resolution constrained the president’s prerogatives.
The objective has changed from protecting civilians to regime change. The war itself has gone on now for as long as the unauthorized war in Kosovo in 1999. Jack Goldsmith concludes: “as the days drag on, and as our deep involvement persists, it becomes harder and harder to represent that this mission is limited in nature, duration, and scope.”
René Magritte’s War
The Belgian painter René Magritte is famous in part for the painting pictured below.

What’s surprising is how much Magritte can tell us about our war in Libya. To recap where we are in Libya, our military objective is to “protect civilians” in that country. Except there’s this paragraph opening the recent New York Times article on the war:
WASHINGTON — NATO planners say the allies are stepping up attacks on palaces, headquarters, communications centers and other prominent institutions supporting the Libyan government, a shift of targets that is intended to weaken Col. Muammar el-Qaddafi’s grip on power and frustrate his forces in the field.
The Times also runs these quotes from officials in charge of the war:
“Now we are going after his rear echelon,” one NATO official said. “We are going after his ability to command and control his forces — his headquarters, his command posts, his communications — all those things that allow him to coordinate his attacks at the front.”
Military officials privately acknowledge that removing Colonel Qaddafi from power is the desired secondary effect of striking at state television and other symbols of his authoritarian rule. “His people may see the futility of continued resistance,” one Pentagon official said.
Somebody should probably loop in poor White House Press Secretary Jay Carney, who made the mistake just yesterday of saying the following:
“The goal of the mission is clear: protect the civilian population, enforce the no-fly zone, enforce the arms embargo. [It is] certainly not the policy of the coalition, of this administration, to decapitate, if you will, or to effect regime change in Libya by force.”
So let’s work this out. The United States currently has as a policy objective in Libya to remove Muammar Qaddafi from power. Washington is simultaneously using the military to attack “institutions supporting the Libyan government” in order to “weaken Col. Muammar el-Qaddafi’s grip on power,” but our official position is that doing so is unrelated to our policy objective of getting Qaddafi out of power. Does the administration really think we’re that stupid? Perhaps more importantly, is Congress that stupid?
Also, it may be time for a rundown of terms for which we no longer have adequate working definitions. I nominate:
- “war”
- “kinetic military action”
- “protect”
- “civilians”
- “protect civilians”
- “massacre”
- “regime change”
- “target”
Any other nominees?
The Libertarian Take on Iran
In this video, David Boaz makes an excellent case for tamping down our overblown perception of Iran.
In the clip, Boaz argues persuasively that far from being suicidal, the track record of Iranian behavior shows pragmatism and calculating temperament when attempting to advance its interests in the region. Thus, rather than assessing Iran based on their leaders’ repulsive and provocative rhetoric, U.S. officials should deduce future Iranian intentions based on how it has reacted when confronted with overwhelming force. While no one can predict the future, regional experts—not hawkish, misinformed policy analysts or neo-conservative ideologues who advocate regime change—insist that the clerical regime has valued self-preservation and in the future can be deterred.
My colleague, Justin Logan, argues here that U.S. policymakers must press for direct diplomacy with the Iranian leadership and have a plan “B” in case that diplomacy fails. Of course, the problem is that those who endorse a tougher approach toward Iran insist that we have tried diplomacy before. That is not true. Washington typically offers halfhearted gestures and then falsely concludes that diplomacy does not work. Americans must reject the alarmist rhetoric and tortured rationales that have thus far proved counterproductive for arriving at a long-term solution toward Iran.
Who Said “No Comment”?
In this morning’s Washington Post, former Deputy Secretary of Defense Paul Wolfowitz has some advice for the Obama administration regarding the protests in Iran:
[T]he reform the Iranian demonstrators seek is something that we should be supporting. In such a situation, the United States does not have a “no comment” option. Coming from America, silence is itself a comment — a comment in support of those holding power and against those protesting the status quo.
I just did a quick search on www.WhiteHouse.gov, and I did not find the words “no comment” as it pertains to the Iranian elections. I did, however, find two statements on the protests by President Obama:
- Speaking to reporters following a meeting with Italian Prime Minister Silvio Berlusconi on June 15th, President Obama said:
I am deeply troubled by the violence that I’ve been seeing on television. I think that the democratic process — free speech, the ability of people to peacefully dissent — all those are universal values and need to be respected. And whenever I see violence perpetrated on people who are peacefully dissenting, and whenever the American people see that, I think they’re, rightfully, troubled.
and
I think it would be wrong for me to be silent about what we’ve seen on the television over the last few days. And what I would say to those people who put so much hope and energy and optimism into the political process, I would say to them that the world is watching and inspired by their participation…
and
[P]articularly to the youth of Iran, I want them to know that we in the United States do not want to make any decisions for the Iranians, but we do believe that the Iranian people and their voices should be heard and respected.
- The following day, the president hosted South Korean President Lee Myung-Bak. Despite the fact that they had a number of very urgent topics to discuss, President Obama took time to state that while it was “not productive, given the history of U.S.-Iranian relations,” for the U.S. president to be “meddling in Iranian elections,” he wished to repeat his remarks from the previous day:
[W]hen I see violence directed at peaceful protestors, when I see peaceful dissent being suppressed, wherever that takes place, it is of concern to me and it’s of concern to the American people. That is not how governments should interact with their people.
and
I do believe that something has happened in Iran where there is a questioning of the kinds of antagonistic postures towards the international community that have taken place in the past, and that there are people who want to see greater openness and greater debate and want to see greater democracy. How that plays out over the next several days and several weeks is something ultimately for the Iranian people to decide. But I stand strongly with the universal principle that people’s voices should be heard and not suppressed.
So, President Obama has not been silent, and he has never said “no comment.”

