Peter Baker on Afghanistan v. Iraq Executive Agreements

Jack Goldsmith
Wednesday, May 2, 2012, 10:38 AM
Peter Baker has a post on the NYT’s page that marks the similarities between the just-announced sole executive agreement negotiated with Afghanistan with the one the Bush administration negotiated in Iraq in 2008.

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Peter Baker has a post on the NYT’s page that marks the similarities between the just-announced sole executive agreement negotiated with Afghanistan with the one the Bush administration negotiated in Iraq in 2008.  I have not compared the two documents closely, but both concern long-term security and related arrangements in the two countries; both were made on the president’s constitutional authority without formal consent by Congress or the Senate; both are binding under international law.  As Baker notes, Senators Biden, Clinton, and Obama opposed the Bush agreement – at least a rumored earlier version – on constitutional grounds.  Baker further notes:
Whatever his early complaints, Mr. Obama clearly came to respect the main negotiators of Mr. Bush’s Iraq agreement, Ryan C. Crocker and Brett McGurk.  Mr. Obama appointed Mr. Crocker ambassador to Afghanistan, where he helped broker Tuesday’s agreement, modeled in part after the Iraq agreement, while the president just nominated Mr. McGurk to be the next ambassador to Iraq.  And the man who responded to Democrats’ complaints four years ago was Douglas E. Lute, Mr. Bush’s Iraq adviser. Today, Mr. Lute is Mr. Obama’s Afghanistan adviser.

Jack Goldsmith is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Non-Resident Senior Fellow at the American Enterprise Institute. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.

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