Tag Archives: Clinton

Not just the Middle East: Obama foreign policy record is appalling

The organizing principle of the administration’s foreign policy is one of weakness and passivity, coupled with a conspicuous rhetorical abdication of American leadership, write David Rivkin and Lee Casey.

by David B. Rivkin, Jr. Lee A. Casey | September 21, 2012 4:45 AM EDT

A few days ago on The Daily Beast, Leslie Gelb praised President Obama’s handling of the unfolding crisis in the Middle East last week and evidently discerns no connection between the ensuing wave of anti-American violence and the broader parameters of American foreign policy. He is wrong on both counts. The administration’s crisis management has been mediocre. Even more fundamentally, the current assault on America’s position in the Middle East is attributable not to the trailer for an obscure anti-Muslim movie, but to Obama’s own foreign-policy failures.

The administration’s crisis-management strategy continues to emphasize its regret about that film, Innocence of Muslims. This was manifest not only in the original (and subsequently retracted) statement from our embassy in Cairo, but in all statements by Secretary of State Hillary Clinton and the president. But deploring efforts to denigrate Muslim religious beliefs is only the first half of the sentence. The administration should have also robustly propounded its commitment to the virtues and values of free expression in a free society, and why this must necessarily encompass offensive speech. Whenever the White House mentions the First Amendment these days, it is done mostly in a defensive mode, by way of explaining (almost in sorrow) to the Muslim world why the U.S. government cannot legally suppress anti-Muslim films rather than a compelling explanation of why such films should not be suppressed. As Clinton stated on Sept. 14, “I know it is hard for some people to understand why the United States cannot or does not just prevent these kinds of reprehensible videos from ever seeing the light of day.” But simply saying that free speech is enshrined in our Constitution “is not enough” the administration must explain why that is a good thing to which they too should aspire.

The administration also has failed to tell the Muslim world that Western critics of religion, far from singling out Islam, regularly unleash a torrent of offensive speech directed at Christianity and Judaism. In addition, no senior administration official has seen fit to elucidate any historical perspective on America’s relationship with the Islamic world, including our unparalleled record of support for Muslim causes. Brief references to U.S. support for the Libyan revolution is not sufficient” this must be at the center of our message to the Muslim world. America and its NATO allies have spent their own blood and treasure to protect Muslims facing slaughter and oppression in places ranging from Afghanistan to Bosnia to Kosovo to Iraq.

Equally lacking has been any public manifestation of the administration’s anger about the anti-American demonstrations that have taken place over the last week. Simply condemning violence is not enough. The administration must make clear that there can be no justification for any protests against America as a country simply because some private Americans have exercised their First Amendment rights in an offensive manner. And Washington’s failure to do so is viewed as the ultimate manifestation of American guilt, thus enflaming, rather than calming, the situation.

The administration has also conspicuously failed to criticize publicly President Mohammed Morsi and other Arab leaders, whose responses to the anti-American demonstrations have been slow, equivocal, and relatively ineffective. Indeed, to this day Morsi has condemned violence but endorsed the anti-American protests from which it ensues. The fact that the Egyptian prosecutor-general has found time to indict several American citizens, allegedly associated with the production of an anti-Islamic film, is both a violation of international law and a sign of disrespect for the United States.

The ultimate irony for an administration oft-praised for superior rhetoric is that in today’s tightly knit global environment, words have palpable consequences.

Morsi’s behavior is particularly deplorable because the U.S. was instrumental in bringing him to power, first by easing out President Hosni Mubarak and later by playing the leading role in restraining the Egyptian military during the post-Mubarak transition. The fact that Morsi has unimpeachable Islamic credentials, and is therefore in an excellent position to both speak out forcibly and act robustly against anti-Americanism, makes the administration’s failure to call him to account all the more glaring.

But all of this flawed crisis management pales in comparison with the administration’s strategic failures. The organizing principle of the administration’s foreign policy is one of weakness and passivity “whether in dealing with Russia, China, or Venezuela” coupled with a conspicuous rhetorical abdication of American leadership, evident in speeches by the president, secretary of state, and other administration officials. The ultimate irony for an administration oft-praised for superior rhetoric is that in today’s tightly knit global environment, words have palpable consequences.

This overarching problem is accentuated by the fact that everybody in the Middle East “our friends, foes, and folks in between” has correctly concluded that the administration has begun America’s disengagement from the region, on a scale unseen since the days of the British withdrawal from “East of Suez”. This has manifested itself in virtually every facet of our Middle East policy, from our failure to maintain any American military presence in Iraq and the consequent loss of diplomatic and economic influence in Baghdad; to Washington’s unwillingness to rally the American public to support our military efforts in Afghanistan and its repeated snubs of our strongest traditional Middle East ally, Israel; to our leading from behind on Libya and the total failure to lead from any direction on Syria; and last but not least, to our timidity in confronting the Iranian nuclear weapons program. As a result, the Middle East elites and the proverbial “Arab street” have concluded that the U.S. is a waning power, Israel’s future is one of a besieged state that someday may disappear from the regional chessboard, and Iran has an excellent chance of becoming a regional hegemon, to be feared and placated.

These are self-inflicted wounds. The American disengagement has not been caused by military defeat or some adverse international developments that we have tried but failed to stop, but by an administration that has profoundly misunderstood the kind of world we live in, the types of threats we confront, and what constitutes vital American interests. The administration has amassed not just a middling or even moderately bad foreign-policy record, but an appalling one. It is this record that is shaping the way the governments in the Middle East are handling the anti-American unrest. Unless the record is decisively reversed, it will lead to many disastrous developments down the road.

Source: http://www.thedailybeast.com/articles/2012/09/21/not-just-the-middle-east-obama-foreign-policy-record-is-appalling.html

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Obama vs. Congress—and the Law

The President has taken a hatchet to welfare reform, the immigration laws, and ‘No Child Left Behind.’

(published in The Wall Street Journal, July 27, 2012)

By DAVID B. RIVKIN JR. AND LEE A. CASEY

On July 12, President Obama unilaterally gutted the Clinton administration’s signature achievement—welfare reform. The 1996 welfare-reform law, while passed with strong bipartisan support, has been the bane of progressives, who have never accepted its fundamental principle that those who can work must work. Over the last year, the Obama administration also took the hatchet to the immigration laws and to the Bush-era “No Child Left Behind” statute.

These actions have two things in common. First, they were announced with much fanfare and designed to appeal to the president’s liberal base. Second, and much worse, they were implemented by suspending enforcement or waiving applications of laws Mr. Obama does not like.

The president cannot write—or rewrite—the laws. The Constitution makes Congress the legislature, and the president cannot simply ignore its decisions.

The entire system of separation of powers—which is the heart of the Constitution’s “checks and balances” designed to limit governmental power and thereby protect individual liberty—depends upon each branch of the federal government fulfilling its assigned role and respecting that of the others. Unfortunately, Mr. Obama has now made clear that he won’t respect these basic constitutional limits on his power.

Last year, for example, the administration was displeased with Congress’s failure to enact the White House-supported Dream Act, which would have legalized numerous categories of young undocumented aliens. And so, in August 2011, the administration announced it would not deport illegal aliens who had only violated the immigration laws. Henceforth, only those who had committed criminal offenses, in addition to immigration ones, would be the subject of deportation proceedings.

Mr. Obama followed this with a White House announcement in June of this year that granted effective amnesty to undocumented aliens under age 30 who had come to the United States before the age of 16. This entire group will no longer be subject to deportation proceedings and may also qualify for renewable work permits. Thus the president implemented portions of legislation he could not get through Congress on his own signature and acted in ways blatantly at odds with the existing immigration laws, which provide for no such exemptions from deportation.

Earlier this year, in February, the administration gutted the strict student testing and monitoring requirements of the 2001 “No Child Left Behind” law. The law, which passed with strong bipartisan support, is meant to make schools more accountable for their pupils’ progress. But the testing and monitoring requirements are loathed by teachers unions across the nation—a key Democratic constituency for November. Unable to convince Congress to revise key provisions of the law, the president simply authorized “waivers” from many of these requirements—including one that states establish reading and math proficiency standards for all students by 2014. But “No Child Left Behind” does not provide for such waivers.

Most recently, the administration announced that it will waive the central tenet of the Clinton welfare-reform law—the requirements that recipients work or prepare (through approved education or training) to do so. Although certain aspects of the Personal Responsibility and Work Opportunity Act are subject to waiver, the federal work requirements are not among them.

The pattern of lawlessness here would have outraged the Constitution’s Framers. It should outrage all of us—including and especially members of Congress on both sides of the party divide.

Congress makes the laws and they must be enforced. For the Constitution’s Framers, this principle was bedrock—not only the ultimate achievement of our own revolution, but of England’s Glorious Revolution a century before. King James II was deposed in 1688, in no small part, because he claimed and exercised the power to “suspend” parliament’s laws.

Congress does not have to reach back to the 17th century for a precedent. Like President Obama, President Richard M. Nixon also refused to implement federal statutes when he believed Congress was wrong. Nixon did so by refusing to spend (“impounding”) money authorized and appropriated by Congress. It responded with the Congressional Budget and Impoundment Control Act in 1974, followed by a Supreme Court decision (Train v. City of New York, 1975) overturning one of the president’s impoundments, effectively ending the practice.

The Constitution gives the president many tools, some legal and some political, to use in his daily cut and thrust with Congress over national policy and priorities. But it does not permit him to ignore the laws Congress has enacted, and to make his own rules simply because he thinks the desired policy result is the right thing to do. A president who does not understand this does not understand the constitutional requirement that he “take care that the laws be faithfully executed,” or his inaugural oath to “faithfully execute the Office of President of the United States.”

Messrs. Rivkin and Casey served in the White House and U.S. Department of Justice during the Reagan and George H.W. Bush administrations.

A version of this article appeared July 27, 2012, on page A13 in the U.S. edition of The Wall Street Journal, with the headline: Obama vs. Congress—and the Law.

‘Lawfare’ loses big

The ACLU loses its nasty suit against former defense officials.

By The Wall Street Journal 

(published January 28, 2012)

The guerrilla legal campaign against national security suffered a big defeat this week, and the good news deserves more attention. The victory for legal sanity came Monday when the Fourth Circuit Court of Appeals upheld a lower court decision to toss out a suit brought by aspiring terrorist Jose Padilla against a slew of Bush Administration officials.

Readers may remember that Padilla was arrested in 2002 for plotting to set off a dirty bomb on U.S. soil. He was detained as an enemy combatant, convicted in a Miami court and sentenced to 17 years in prison. But Padilla has been adopted as a legal mascot by the ACLU and the National Litigation Project at Yale Law School, which have sued far and wide alleging mistreatment and lack of due process.

Padilla may in fact have had more due process than any defendant in history. His case has been ruled on by no fewer than 10 civilian courts, and as a prisoner in the Navy brig in Charleston, South Carolina from 2002 to 2006 he received the benefit of protections under the highly disciplined U.S. Code of Military Justice. Your average bank robber should be so lucky.

But the lawyers suing for Padilla aren’t interested in justice. They’re practicing “lawfare,” which is an effort to undermine the war on terror by making U.S. officials afraid to pursue it for fear of personal liability.

The ACLU and the rest of the legal left have failed to persuade several Congresses and two Administrations to agree to their anti-antiterror policies. So instead they’re suing former officials in civilian court to harass them and damage their reputations. It’s shameful stuff, and if it succeeds it would have the effect of making Pentagon officials look over their shoulder at potential lawsuits every time they had to make a difficult military or interrogation decision.

In Lebron v. Rumsfeld et al., the ACLU sued under the Supreme Court’s 1971 Bivens decision, which has been interpreted as creating a right of action against the federal government. Their targets included a retinue of Pentagon officials, starting with former Secretary of Defense Donald Rumsfeld and going down to the Navy brig commander where Padilla was held. Mr. Rumsfeld doesn’t have to worry about getting another job, but the ACLU wants to make lower-level officials politically radioactive so they have a difficult time getting promoted or working in any influential position.

The good news is that the Fourth Circuit’s three-judge panel saw this for what it was and unanimously rejected the claims. In his 39-page opinion, the influential Judge J. Harvie Wilkinson wrote that the Constitution gives authority over military affairs to Congress and to the President as Commander in Chief, but it never created a similar role for the courts.

“It takes little enough imagination,” Judge Wilkinson wrote, “to understand that a judicially devised damages action would expose past executive deliberations . . . [and] would affect future discussions as well, shadowed as they might be by the thought that those involved would face prolonged civil litigation and potential personal liability.”

The decision is especially notable because one of the three judges is Clinton appointee Diana Motz, who has been a skeptic of the Bush Administration’s detainee policies and has dissented from her colleagues in cases like 2003’s Hamdi v. Rumsfeld.

The ACLU may appeal to all of the Fourth Circuit judges, but Judge Wilkinson’s ruling is comprehensive enough that an appeal is unlikely to prevail. The judges deserve credit for understanding that the Constitution gave war powers to the political branches, not to courts. The country will be safer for it.

Source: http://online.wsj.com/article/SB10001424052970203718504577181191271527180.html?mod=WSJ_Opinion_AboveLEFTTop