The Fish Continues to Rot from the Head

Or, why I am not terribly excited by what Harry Reid said. As the topic was discussed on Democracy Now!:

"The Issue is Not Whether the Military Option Would Be Used But Who Approved the Start of Operations Already"

Amy Goodman interviewed retired Air Force colonel Sam Gardiner.

COL. SAM GARDINER: Well, the evidence is beginning to accumulate that a decision has already been made to use military force in Iran. Now, let me do a historical thing, and then I'll tell you what the current evidence is. We now know that the decision and the actual actions to bomb Iraq occurred in July of 2002, before we ever had a U.N. resolution or before the Congress ever authorized it. It was an operation called Southern Focus, and the only guidance that the military -- or the guidance that the military had from Rumsfeld was keep it below the CNN line. His specific words. The evidence that we've already --

AMY GOODMAN: Keep it below what?

COL. SAM GARDINER: The CNN line. In other words, I don't want this to appear on CNN, okay? That was his guidance to the military, you can begin to bomb Iraq, but don't let it appear on CNN. You're catching your breath.

AMY GOODMAN: Yeah.

And then he lays it out, very simply, very neatly: we are at war, again.

COL. SAM GARDINER: I think the same thing has happened, and the evidence -- let me give you two or three evidences. First of all, the Iranians in their press have been writing now for almost a year that the United States is involved inside Iran conducting and supporting those who conduct military operations, attacks on military convoys. They've even accused the United States of shooting down a couple airplanes inside Iran. Okay, so there's that evidence from their side.

I was in Berlin three weeks ago, sat next to the Iranian ambassador to the International Atomic Energy Agency, and I asked him a question. I read these stories about Americans being involved in there, and how do you react to that? And he said, oh, we know they are. We've captured people who are working with them, and they've confessed. So, another piece of evidence.

Let me give you a couple more. Seymour Hersh, in his New Yorker article, said that there are Americans in three locations operating inside Iran. Another point. We know that there is a group in Iraq, a Kurdish group called the Party for Free Life in Kurdistan, that crosses the border from Iraq into Iran, and they have taken credit for killing numbers of revolutionary guard military people. And the interesting part about that is, you know, we tell the Syrians, ‘Don't let that happen. Don't let people come across the border and stir things up in Iraq,’ but we don't seem to be putting any brakes on on this unit. So, you know, the evidence is pretty strong that the pattern is being followed.

Now, the question that really follows from that is “Who authorized that?” See, there is no congressional authorization to conduct combat operations against Iran. There are a couple of possibilities. One of them is that it's being justified under the terrorism authorization that occurred in 2001. The problem with that is that you would have to prove a connection to 9/11. I don't think you can do that with Iran. The second possibility is that it's being done under the War Powers Act. I don't want to get too technical, but the War Powers Act would require the President to notify the Congress 60 days after the use of military force or invasion or putting military forces in a new country under that legislation, and the President hasn't notified the Congress that American troops are operating inside Iran. So it's a very serious question about the constitutional framework under which we are now conducting military operations in Iran.

So, to Sen. Reid, I want to ask: have we taken the military option away from this Administration? And do we have any choice but to do so?