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Reply #19: Sad. An intentionally fraudulent column by Wilson. Joe should reread the IWR. Here's the pertinent [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
milkyway Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-02-08 03:57 PM
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19. Sad. An intentionally fraudulent column by Wilson. Joe should reread the IWR. Here's the pertinent
section:

http://www.c-span.org/resources/pdf/hjres114.pdf

PUBLIC LAW 107–243—OCT. 16, 2002

AUTHORIZATION FOR USE OF MILITARY
FORCE AGAINST IRAQ RESOLUTION OF 2002

<snip>

SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

(a) AUTHORIZATION.—The President is authorized to use the
Armed Forces of the United States as he determines to be necessary
and appropriate in order to—
(1) defend the national security of the United States against
the continuing threat posed by Iraq; and
(2) enforce all relevant United Nations Security Council
resolutions regarding Iraq.


(b) PRESIDENTIAL DETERMINATION.—In connection with the
exercise of the authority granted in subsection (a) to use force
the President shall, prior to such exercise or as soon thereafter
as may be feasible, but no later than 48 hours after exercising
such authority, make available to the Speaker of the House of
Representatives and the President pro tempore of the Senate his
determination that—
(1) reliance by the United States on further diplomatic
or other peaceful means alone either (A) will not adequately
protect the national security of the United States against the
continuing threat posed by Iraq or (B) is not likely to lead
to enforcement of all relevant United Nations Security Council
resolutions regarding Iraq; and
(2) acting pursuant to this joint resolution is consistent
with the United States and other countries continuing to take
the necessary actions against international terrorist and terrorist
organizations, including those nations, organizations, or
persons who planned, authorized, committed or aided the terrorist
attacks that occurred on September 11, 2001.

(c) WAR POWERS RESOLUTION REQUIREMENTS.—
(1) SPECIFIC STATUTORY AUTHORIZATION.—Consistent with
section 8(a)(1) of the War Powers Resolution, the Congress
declares that this section is intended to constitute specific statutory
authorization within the meaning of section 5(b) of the
War Powers Resolution.
(2) APPLICABILITY OF OTHER REQUIREMENTS.—Nothing in
this joint resolution supersedes any requirement of the War
Powers Resolution.


<snip>

__________

Notice that this does not legally require Bush to do anything other than use his own judgment on whether diplomatic means "will not adequately protect the national security of the United States against the continuing threat posed by Iraq," and then report it to Congress within 48 hours after the invasion.

Regarding diplomacy, here's what the IWR said:

__________

SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS.

The Congress of the United States supports the efforts by
the President to—
(1) strictly enforce through the United Nations Security
Council all relevant Security Council resolutions regarding Iraq
and encourages him in those efforts; and
(2) obtain prompt and decisive action by the Security
Council to ensure that Iraq abandons its strategy of delay,
evasion and noncompliance and promptly and strictly complies
with all relevant Security Council resolutions regarding Iraq.

__________

That's it. There is no legal requirement whatsoever regarding diplomacy. The Congress supports Bush's diplomatic efforts. Hooray.

Joe Wilson refers to what Hillary said on the Senate floor at the time. But this cover-my-ass speech means absolutely nothing--only the legal language of the authorization means anything at all. Does Wilson really think that Bush/Cheney actually cared what she was saying on the Senate floor? All they wanted was her damn vote, and Hillary gave it to them.
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