Was Benghazi the Republicans’ Fault?

Was the terrorist attack on the “diplomatic outpost” in Benghazi, Libya ultimately the fault of Republicans in Congress?

In a word… No…and Yes….”probably maybe” might be a more accurate answer.

Let’s first start with the obvious — if  President Obama hadn’t invaded Libya, intervening in a foreign civil war, the attack on the “diplomatic outpost” in Benghazi never would have happened. 

Obama’s invasion was not only unconstitutional, but violated the War Powers Resolution of 1973.  There was no Congressional Declaration of War against Libya and waging war is not a power delegated to the Executive Branch.  While Article Two of the Constitution designated the President as Commander-In-Chief of the Armed Forces of the United States, he/she is authorized to prosecute wars — not enter into them.

The War Powers Resolution delegated some power to the Executive Branch.  While it was generally understood that the Executive Branch had the power to repel invasions (under Article Two, Section Two), the Resolution tried to define how the Executive could commit American force to foreign conflict.  It specifically requires the President to notify Congress 48 hours prior to deploying military assets abroad, or  immediately deploy those assets in the instance of “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”

President Obama (a) invaded Libya without notifying Congress in accordance with the War Powers Resolution and (b) failed to demonstrate how intervening in a foreign civil war was consistent with “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”

Is this an impeachable offense?

Maybe.  Certainly, a President who ignores the law of the land should be held accountable, but the War Powers Resolution was ignored by both Presidents Reagan (Nicaragua) and Clinton (Kosovo).  Clinton’s Kosovo bombing extended past the 60-day deadline.  Congress abdicated its responsibility to confront both Presidents thereby setting precedent for future Executives.

Former Representative Tom Campbell (R-CA) did file suit against Clinton to invoke the War Powers Resolution, but it was dismissed by the District Court.  The Court specifically granted the motion to dismiss because it believed that there were legislative remedies to hold the President accountable.  Campbell v. Clinton then placed the enforcement of the War Powers Resolution squarely in the hands of Congress.

This is no small measure.  The District Court recognized that Congress has not only the right but the responsibility to confront the President when he/she violates the law.   Kucinich v. Obama then failed because of the precedent set by the Campbell v. Clinton decision.  Moreover, Congress failed to restrict or reprimand the President’s illegal war in Libya.  While the House of Representatives passed a resolution forbidding the use of ground troops in Libya, it tacitly approved of the President’s air invasion and intervention into a foreign civil war.

How could the House Republicans have stopped the President’s illegal invasion of Libya?

• the House (controlled by Republicans) could have passed a resolution demanding an immediate cessation of American military activities in Libya.  That resolution would (most likely) have been defeated in the Senate.
• the House controls all appropriations.  House Republicans could have simply defunded the military operations in Libya.  That would have worked.
• the House initiates all impeachment proceedings and could have drawn up impeachment charges, against President Obama, for the illegal invasion of Libya.

Clearly, there is political fallout associated with the second and third options.  Initiating impeachment proceedings, running up to a Presidential reelection, would have been seen as a partisan attack but the second option (defunding) would have brought the illegal invasion to a screeching halt.    This would have been a hard choice to make.  Neoconservatives in the Republican party praised the President’s invasion.   Defunding a foreign military invasion always invites the “weak on defense” and “messing with soldiers’ lives” criticisms.  Both of those criticisms would have been untrue (in this case).

The House Republicans held the power of the purse to stop Obama’s illegal invasion of Libya and chose not to exercise that power.  Had that invasion ceased, we would not have had a Libyan “diplomatic outpost” as a target for Al-Qaeda to attack.

Was Benghazi the Republicans’ fault?  Absolutely not.  The President acted like a dictator, circumventing the Constitution and War Powers Resolution.  In a government of checks and balances, however, the people expect their representatives in the House to confront the Executive when it exercises extrajurisdictional power.  House Republicans failed to do just that.  A degree of culpability, albeit small, must be assigned to that chamber.