Drone

“Then why didn’t the president come to us beforehand? If she truly considers it a war and was always planning on seeking our approval, then she knowingly began a war without a declaration of war. Her very actions testify against her as having violated the law.”

“A couple of points, Senator. First of all, this administration did not attack the Mexican government or its national institutions so we are not waging war against a sovereign state, any more than President Obama waged a war against Pakistan when he sent SEAL Team Six in to kill Osama bin Laden in Abbottabad.”

“So you’re suggesting that American drones aren’t operating in Mexican sovereign airspace?” Diele fired back.

“Of course they are. But they’re targeting individuals within Mexico, not the Mexican military or government, just as American helicopters ferried troops to OBL’s compound.”

“Osama bin Laden was a sworn enemy of the United States and was recognized as such by the AUMF. President Obama had the legal right to carry out that action. This cuts to the very heart of the matter, Ms. Lancet.”

“I agree. The al-Qaeda terrorists have been a threat to the United States, but far more Americans have been killed, directly and indirectly, by the Mexican drug cartels than by al-Qaeda. That makes the drug lords a bigger threat, in our opinion, a threat this Congress has failed to adequately recognize, let alone address.”

“Then why didn’t President Myers come to us and request an Authorization to Use Military Force in this case?”

“Why should she? AUMF is derivative of WPR and, as we’ve stated, we don’t believe that WPR applies. Which leads to my second point. President Myers believed this nation faced an imminent security threat from the cartels and their affiliates, and deemed immediate action necessary, as is her prerogative as commander in chief. The purpose of WPR is to prevent the United States from entering into another decade-long debacle like Vietnam. But the president has no intention of waging an extended conflict against the narcoterrorists. It’s a limited, well-defined action. So once again, the WPR doesn’t apply.

“Third, the WPR only requires the president to report to Congress the deployment of U.S. forces abroad within forty-eight hours, not request permission to deploy those forces. For the record, no U.S. military personnel have been dispatched to Mexico, only unmanned drone systems, so by definition, the WPR once again does not apply.”

“You’re splitting hairs on that one,” Diele insisted. “American drones are being flown by American personnel, even if they are located in Fort Huachuca, Arizona.”

“We’re both lawyers, Senator. Splitting hairs is what we do best.”

A laugh rolled through the gallery. Diele lightly tapped his gavel.

“But the most important point is this. President Myers did not seek the advice and consent of Congress prior to this action because she believes Congress is increasingly irrelevant to any of the solutions this nation needs, including the present crisis. In fact, Congress is the cause of many of the crises we face.”

The gallery exploded with cheers and applause, and a scattering of boos. Some senators threw up their hands in disgust; others applauded. A few grabbed their microphones and began shouting at one another. Diele gaveled the room into silence under penalty of expulsion.

“For the record, Ms. Lancet, you are aware of the doctrine of the separation of powers? The three separate and distinct branches of government? It comes from that pesky little document known as the Constitution of the United States.”

“I am indeed, sir. So is the president. Her desire is that the Senate and the House live up to the responsibilities of their respective institutions. Case in point. President Obama launched over three hundred drone strikes against Pakistan in his first term in office—also a sovereign, independent nation like Mexico—and not a single congressional vote was ever taken on any one of those strikes. In fact, since the first known drone strike in 2004, at least forty-seven hundred people have been killed.”

“Those drone strikes were conducted under the AUMF,” Diele insisted.

“But there was no AUMF for Libya when President Obama committed American drones to combat in Libya—another sovereign nation, by the way—for the purpose of helping to topple the existing government, which, ironically, was an American ally in the fight against al-Qaeda. The Libyan action was not an act of self-defense, no American lives were at risk, no treaty commitments to an ally were invoked. More to the point, no congressional approval was apparently needed, nor was congressional interest aroused in the slightest. By your definition, President Obama invaded a sovereign state and did it without a declaration of war, which, under the separation of powers doctrine, is your assigned constitutional responsibility.”

Myers’s supporters on the committee applauded, as did a number of people in the gallery. Diele gaveled them quiet. Lancet continued.