Dennis Kucinich, D-Ohio

Isolated, again

At the U.N. Summit on Sustainable Development, the harshest critics of Bush's recalcitrant policies -- and his absence -- are Americans.

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Isolated, again

With President Bush still on vacation in Texas, the U.S. delegation is keeping a low profile this week at the United Nations World Summit on Sustainable Development in South Africa. But the same cannot be said for U.S. policy, which has been cast into the spotlight all week.

Bush’s decision to snub next week’s meeting of heads of state — and its implied disdain for summit proposals — has made U.S. policy a center point of discussion despite efforts by the organizers to play it down. Delegates have taken up this debate during plenary sessions, at group discussions on every major issue and repeatedly at press conferences.

Ian Johnson, the vice president who oversees sustainable development programs for the World Bank, conceded that even after so much discussion, his organization is still trying to understand U.S. policy. “It has some interesting views and some are not part of the previous administration,” he said at a press conference.

Many U.S. civic leaders and activists are less charitable, and indeed, the uncompromising attention on the Bush administration’s environmental policies has revealed a significant gulf between the official U.S. line and sentiment among its unofficial representatives here at Johannesburg’s sprawling convention center. Not only have delegates repeatedly been quizzed on U.S. policy and its impact, but some of the most vocal criticisms have in fact been delivered in American accents. Furthermore, instead of asserting America’s independence, its refusal to agree to any binding commitments here has suggested to many participants that it is suffering a bout of myopia.

The energy issue — hotly debated this week — is a case in point. The draft plan suggests an increase in the percentage of renewable energy — solar and wind energy, for example — to 10 percent globally by 2010. The European Union this week even suggested that figure should be raised by another 5 percent.

The U.S. has dug in its heels to strongly resist such proposals. Since America is responsible for one-quarter of the world’s energy consumption, its opposition is significant. Some other oil-producing countries, like Saudi Arabia and Nigeria, are also strongly opposed to such change.

But less reliance on oil-producing countries could be very welcome — a point that’s cast in sharp relief now that the U.S. is contemplating an invasion of Iraq. If President Bush really sought to shore up the independence and security of the U.S., critics here say, he could do well to endorse such agreements on renewable energy.

Jerry Brown, the Democratic mayor of Oakland and former governor of California, spoke here of the “catastrophic consequences” of the Bush administration’s refusal to budge on renewable energy targets. The stance makes the U.S. more vulnerable to instability in the Middle East and thereby diminishes its independence and sovereignty.

“The fact is that under the oil-first policy of Washington, the U.S. is more vulnerable and dependent on countries in the Middle East that don’t share its philosophy,” Brown said. “So renewable energy is crucial to enhance and preserve U.S. independence.”

Rep. Dennis J. Kucinich, D-Ohio, shared that view. Speaking at a news conference to launch a solar energy initiative, he said: “We can improve our national and perhaps global security by changing the emphasis on our sources of energy.”

Kucinich said much of the energy debate concerned U.S. efforts to pull back from any set commitments to change. “It’s this idea that the summit should center only on what is achievable and doable,” he said. “But when you scratch the surface, you discover really a failure of political will and failure of vision. The discouraging of ambitious goals and words actually decouples goals from action.”

This kind of sharp criticism has been dogging the U.S. all week. In particular, critics are skeptical about the “partnership initiatives” between governments, civil society, business and international organizations — the path clearly favored by the U.S. to deliver sustainable development goals.

Such partnerships are a central part of the summit’s focus on action. It takes its cue largely from the first Earth summit held in Rio de Janeiro, Brazil, 10 years ago when a plan called Agenda 21 was put in place.

But little progress has been made since then. As a result, the 18,000 delegates at this conference are working hard to finalize a draft plan of action by Sunday to present to their heads of state next week for ratification.

Most of these meetings are behind closed doors, though a series of discussions and plenary sessions aims to make the process more inclusive. The major issues they are dealing with — besides energy — are water, health, agriculture and biodiversity. Most delegates want binding commitments to timelines and targets. But the U.S. opposes such commitments. It is particularly wary of the Kyoto Protocol, which would commit it to firm targets on reducing greenhouse gases. In fact, the U.S. has reportedly agreed in secret with the E.U. to avoid any mention of the Protocol in the final action plan.

On Thursday, the U.S. officially launched its five partnership initiatives focusing on water, clean energy, hunger, forests and HIV/AIDS. Such initiatives, which are collaborative ventures including different sectors of society, form the centerpiece of the U.S. delegation’s efforts here.

They are not the only ones, however. So far, the U.N. has received 218 such proposals — all designed to fuel sustainable development projects.

“President Bush stated last week that the U.S. delegation would come with concrete, practical proposals for partnerships,” U.S. Undersecretary of State Paula Dobriansky said at a news conference Thursday. “These partnerships are key elements in the new approach to development that President Bush embraced with other national leaders at the Monterrey Conference in March — an approach based on shared accountability among developed and developing nations.”

Some nongovernmental organizations, however, view the partnerships as a cop-out. They insist that such initiatives, while valuable, should not replace binding agreements between governments with concrete timetables and targets.

But James Connaughton, chairman of the White House Council of Environmental Quality, insists partnerships are the way to achieve meaningful results.

“What countries need, they will negotiate with us and other organizations,” he said. “They can decide how the money should be spent — not have it decided for them at an international forum … We are committed, but we want to avoid defining terms and timetables that have no relation to a real plan of action.”

Connaughton strongly defended President Bush, saying he was engaged at the highest level in various negotiations preceding this summit. “The multidisciplinary high-level implementation team has been brought to this conference and that should be recognized,” he added.

He also played down the differences between the U.S. and other countries gathered in Johannesburg. “We think this summit gives an opportunity to work together on 98 percent of common goals and to get on with action points,” Connaughton said. “The criticism [of Bush] surrounds isolated issues that catch attention because they are controversial. If there is a frustration, it’s that the consensus of action is not getting the attention it deserves.”

His words, however, were not enough to appease critics. The U.S. youth caucus today became the latest group to add its opposition to American policy.

In a statement, the caucus said the refusal of the U.S. to consider binding agreements on renewable energy did not reflect the views of the majority of Americans. It said U.S. students were “outraged” at the administration’s position on climate issues as well as its flat rejection of a proposal to redirect subsidies from so-called dirty energy to clean energy.

Kucinich also stressed that most Americans are concerned about the impact of the country’s energy policies and practices around the world. “There are many Americans who understand our responsibility,” he said. His sentiments are being echoed in summit halls where the message from Americans seems to be: Don’t judge our country by our government.

One plenary debate on energy evoked a rebellious response from a U.S. delegate representing the views of local government: “The consensus [at the summit] is that our national leadership just doesn’t seem to get it,” the delegate said, to much applause. “But please, don’t judge American people or local authorities by that.”

Organizers have tried to downplay talk around the role of the U.S. at this summit. Nitin Desai, the summit’s secretary general, said at the start that the U.S. had participated in every part of the process and at very senior levels.

Nkosazana Zuma, South Africa’s foreign affairs minister, went further. She said political will was not only indicated by the physical presence of heads of state, but by whether the state itself participates constructively and will continue to do so. “What is critical is the participation of all states but also a critical mass of leaders,” she said. “We are confident that even though Bush is not here, it will be just as successful.”

That of course remains to be seen; the summit still has a week to run and the heads of state only convene on Monday. Secretary of State Colin Powell is also expected to arrive in Johannesburg next week. But the big question, and not only on the issue of energy, is whether all this talk will produce more heat than light.

The agenda is so broad here — from saving family farms to conserving mountain goats, from encouraging business ethics to protecting migratory birds — that it invites every man and his hobbyhorse to jump aboard. And they have done so with gusto through marches, fliers, demonstrations, exhibitions, press conferences, debates and informal networking in the queues.

For all the frenetic activity, however, some firm decisions must be made. If the U.S. gets its way and no binding agreements are made, many delegates here will consider the conference a failure.

“The people in this [Bush] administration might not want to talk about timetables, but the truth is we must talk about them,” Kucinich said. “When scientists can show that over time global warming can, in fact, impact on the increase in world temperature, then we better be talking about timetables. We are not a society whose leaders want to turn back the tide.”

Perhaps one positive result can be drawn from the fray: If President Bush is so anxious to avoid binding agreements, he must believe in the authority of this summit. That thought might encourage delegates as they pore over the final text to be presented to their leaders next week.

Kim Gurney is a freelance journalist based in London who writes for a variety of publications in the United Kingdom and South Africa.

Declaring war on undeclared war

A lawsuit could force President Clinton to get Congress' OK on Kosovo.

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President Clinton is being sued again.

This civil suit, however, has a loftier focus than that of Paula Jones. And, if successful, it could prove to be globally consequential, because it deals with the president’s legal ability to wage war.

On April 30, 17 members of Congress filed a civil suit against the president before Judge Harold H. Greene of the U.S. District Court for the District of Columbia. The suit cites the exclusive role of Congress to declare war, as cited in the Constitution as well as the War Powers Act. It asks Judge Greene to declare that President Clinton is violating the Constitution by waging war without the explicit authority of Congress. The legal wrangling, which has gotten little coverage, could accomplish what House members have been unable to: force the president to come to Congress for permission to continue leading NATO’s intervention.

The suit was filed on the heels of the surprising April 28 series of House votes on the NATO campaign: No on ground troops, 249-180; no on removing all troops within 30 days, 290-139; no on declaring war, 427-2; and a shocking 213-213 deadlock on the resolution the Senate passed four weeks ago authorizing the president to continue airstrikes, despite support by Republican House Speaker Dennis Hastert and leading House Democrats.

To add to the mixed messages, on Thursday the House is expected to vote in support of $12.9 billion to fund the military operations it won’t support — even though President Clinton requested less than half that. House Majority Leader Dick Armey, R-Texas, has explained this as a way to support our troops, while not necessarily supporting the policy that put them there.

Publicly, the White House shrugged off the discouraging April 28 votes, apparently dismissing what the legislative branch thinks about its military intervention. “The House is obviously struggling to find its voice,” says National Security Council spokesman David Leavy. “It voted ‘No’ on declaring war, ‘No’ on sending in ground troops, and it tied on whether to support an air campaign. They sent a mixed message as to what their stance is. But we’ve got to press ahead. There’s broad support for this campaign among the American people, so we sort of just blew by” the House votes, he said.

But on the floor of the House last week, the attitude of Democratic House leaders wasn’t so flip — especially when it came to the 213-213 vote on continuing airstrikes. “The lobbying on this was some of the most intense that I’ve ever seen,” says Rep. Dennis Kucinich, D-Ohio, who voted against the measure. “I think people were stunned that this thing went down.”

Kucinich says that there was a secret reason House leaders lobbied so intensely: for constitutional reasons, the White House wanted to get some legislative record of the House signing off on the war. “This wasn’t a simple matter of the Democratic Caucus endorsing the president’s actions,” he says. “It had tremendous consequence … In looking at it further, I realized that the president would, in fact, be empowered to conduct war without further restraint by Congress.”

Despite the fact that President Clinton wrote the House a letter on the day of the April 28 vote assuring members that he wouldn’t send ground troops without checking with Congress, Kucinich says that there were signals that the White House was planning on using the vote in support of airstrikes as a future blank check.

“They were passing [the Clinton letter] out on [House] floor to Democrats before the vote,” Kucinich reports. But then, Kucinich heard that White House spokesman Joe Lockhart had told reporters that, were the vote to go the way the White House wanted, the president wouldn’t be required to seek congressional approval on any further actions in Kosovo. “We’ll talk to [House] leaders, but we won’t have to go back,” Kucinich paraphrases. “So Lockhart had already nuanced it into something that was less than what the letter said.”

The White House continues to insist it doesn’t need the permission of Congress to mount military action against Yugoslavia. “We believe the president does have the authority to conduct this campaign,” says NSC spokesman Leavy. “There’s constitutional precedent. In 1995, we engaged in military action in Bosnia in order to bring the Serbs to the negotiating table. President Bush sent 20,000 troops to Somalia. What we’ve done is consistent with the War Powers Resolution.”

“The whole War Powers Act is a very vague and hazy area,” adds a senior White House official. “It’s never been tested to the Supreme Court level.”

Not yet anyway. But then there’s Kucinich and a small group of congressmen, led by Rep. Tom Campbell, R-Calif. They’re not so willing to hand off the power “to declare war,” as declared in Article I, Section 8. And now they’re taking the president to court to get this right back.

The manner in which the Clinton administration has launched the NATO military action is, indeed, consistent with how every president since Franklin Roosevelt — with the exception of George Bush, who belatedly sought a resolution to support the Gulf War — has waged war: by ignoring the role of Congress to declare it.

And most members of Congress are happy with that. Where Congress fought the proposed presidential “line-item veto” as interference with its powers, very few have kicked up a fuss about most presidents’ failure to follow the War Powers Act. Many of them disagree with it, believing it ties the president’s hands. And others are grateful that they don’t have to commit themselves on military actions one way or another.

So far, the White House has been careful not to push the issue. Clinton’s Cabinet members and spokesmen have carefully refrained from referring to the current military action as a “war.” In fact, Campbell told Salon News, he asked Secretary of State Madeiline Albright, “‘Well, if this isn’t war, what is it?’ And she said, ‘It’s an armed conflict.’ So I asked [Assistant] Secretary [of State Barbara] Larkin, ‘Well, what’s the difference?’ She couldn’t tell me, but she said her attorney would. So the attorney finally said, ‘It becomes war when you call it war.’”

Campbell and Kucinich didn’t buy that. They enlisted 15 other members of Congress — including rabid Clinton haters Bob Barr, R-Ga., Philip Crane, R-Ill., and Dan Burton, R-Ill. — as well as one other Ohio Democrat, Marcy Kaptur. Then they sought the legal counsel of Michael Ratner of New York’s Center for Constitutional Rights. Last Friday, they filed their lawsuit to get District Court Judge Greene to declare the current military action unconstitutional.

Despite the lack of media attention given to this legal tack, Campbell says that he’s “confident that Judge Greene will rule our way.”

White House staffers aren’t exactly quaking in their loafers. “We take the lawsuit with a healthy dose of political salt,” says the senior White House official.

Ratner, for one, has been down this road before, to less than resounding results. In 1981, he argued for then-Rep. George Crockett, D-Mich., that the presence of U.S. troops in El Salvador violated the Constitution. But the judge ruled that the 30 to 50 military “advisors” didn’t amount to a sufficient enough force for the court to render a decision. Soon Ratner challenged the invasion of Grenada, on behalf of another Michigan Democrat, Rep. John Conyers, but the case went nowhere since the operation only took a few days.

But his last big War Powers case turned out a little differently. In November 1990, Kaptur and two California Democratic congressmen, Ron Dellums and Don Edwards, sought to enjoin President Bush from “waging war against Iraq without a congressional declaration of war.” Judge Greene was assigned to that case, too, and he questioned the “ripeness” of the matter for a court ruling. Since Congress had yet to take a position on military intervention in the gulf, he said, any court decision would have been premature.

But while Greene didn’t give an injunction, Ratner says, “He concurred with our argument that Congress has the sole power to declare war.” And in fact, within a few days, President Bush went to Congress and got its support for the Gulf War. “It was clear that Judge Greene’s decision had a fairly heavy impact on the president’s decision to get congressional consent,” Ratner says.

Campbell agrees. The larger significance of Greene’s decision, according to Campbell, is that he “ruled for Dellums on every other part of his case” except for “ripeness,” the one he rejected it on.

Past challenges “were rejected because it was ruled that the court could not decide what ‘war’ was,” Campbell says. But in 1990, Greene agreed that the court could, in fact, decide what war was.

Another issue was whether the plaintiff has “standing” to bring the case forward. Toward the end of the Vietnam War, the Rev. Robert F. Drinan — then a congressman, now a constitutional law professor at Georgetown University Law Center — sued President Nixon over the war. “I did not get standing in my native Massachusetts,” Drinan recalls. But in 1990, Greene ruled that a congressman did, indeed, have standing to bring such a suit.

One key difference between today and the last time Ratner faced Judge Greene is that, unlike the Gulf War, Congress does not appear to support NATO’s intervention in Yugoslavia. “When we went into Judge Greene’s courtroom on Iraq, he said, ‘Congress hasn’t acted yet, it’s been silent, so I can’t declare one way or another,’” Ratner says. “But this is a stronger case — Congress acted on it,” rejecting the use of ground troops and deadlocking on supporting airstrikes. “So I’m quite optimistic,” Ratner says. He anticipates that the legal back-and-forth with the Clinton administration will take anywhere from three to four weeks, though he and his congressional clients are pushing to expedite the process.

“They’re before the right judge,” says Professor Peter Raven-Hansen, an expert on national security law for George Washington University Law School. But Raven-Hansen says that the far more important aspect of Dellums’ case was that Judge Greene ultimately “dodged a definitive ruling” on the constitutional issue. “Judges are immensely resourceful in finding any excuse to not issue a ruling on an issue this momentous.”

Ultimately, Raven-Hansen argues, “The Constitution doesn’t say that Congress can only support war by declaring it.” For instance, Wednesday’s $12.9 billion appropriation may be enough evidence that Congress was more than in the loop. Throughout history, when it’s come down to it, all that “the Constitution requires is joint participation,” Raven-Hansen says.

For Campbell, who sees this fight as a matter of “whether this provision of the Constitution is going to be buried,” there is a larger, simpler question looming: “Why did the president not make the case to Congress in advance?” he asks. “Why did he not convince us?”

“Clearly, we’d rather be in a position where we can work with Congress,” says the senior White House official. “But we also realize that we’re dealing with a very, very, very partisan Congress, that always — at every opportunity — puts politics first. How are we expected to work with them on this?”

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Jake Tapper is national correspondent for Salon.

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