by Mike Maden
Within days, thousands of protestors had taken to the streets in larger urban areas. The Occupy Wall Street crowd had long since lost its original focus, but the president’s announcements gave them renewed purpose. They reemerged in their disorganized glory, a collection of unhygienic malcontents, bored trust-fund kids, unemployed anthropology majors, and D-list Hollywood airheads camping out on courthouse lawns and civic-center plazas on both coasts, smoking dope and swapping STDs in bouts of equally unorganized, angry, and pointless sexual encounters.
The only problem was that the OWS types often protested against themselves. The antiglobalists and legalized-dope advocates wound up in screaming matches with the borderless-world advocates and Ivy League romantics. The anarchists protested everybody and everything, merely on principle.
But the OWS rabble was only a tiny fraction of the turnout. The Tides Foundation, the SEIU, the reorganized and rebranded ACORN radicals, and a half dozen other left-wing groups had quickly mobilized their standing armies of professional “volunteers” in “spontaneous” rallies. Hispanic protestors were conspicuously absent from these initial events.
But the radical left’s response nevertheless prompted the various Tea Party, Posse Comitatus, and Minute Man factions to rally around their respective historic flags (national, state, and Confederate), mostly in suburban and rural areas, far away from the maddening urban crowds. All in all, it was as ugly and beautiful a spectacle of free speech and free assembly democracy as anyone could have hoped for in the morally hazardous climes of the twenty-first century.
American public opinion among educated people was strongly uncertain on the whole affair. Myers enjoyed incredible pluralities of public support for specific aspects of her announcements, but there was no clear majority that favored all of her actions. Two fault lines fractured public opinion: the need for security versus the protection of civil liberties. Most valued both, but not equally, especially when they were in conflict.
Even the most-wanted list couldn’t drive the needle all the way over in her direction, despite the fact it was posted on the FBI’s Most Wanted web page, the White House web page, and dozens of law enforcement pages, along with millions of private Facebook, Twitter, Tumblr, Pinterest, and other social-media sites, not to mention the tens of millions of private e-mails blasting around the Internet daily. If anything should have won her overwhelming public approval, the most-wanted list should have done it, Jeffers had reasoned. The most-wanted list was a roll call of sociopaths who were deeply connected to the drug trade but also guilty of violent crimes far exceeding their involvement with drugs. And yet, a considerable plurality of Americans on both sides of the political spectrum were still troubled by the use of lethal force against American citizens without benefit of trial, whether or not drones were used, even if the threat was imminent and catastrophic.
At the top of the Mexican list were Victor Bravo and his top ten lieutenants, some of whom were Castillo bosses who now swore loyalty to the Bravos. The top of the American list included Bravo’s top ten lieutenants operating on U.S. soil. But dealers from other organizations, including Chinese Triads, Salvadoran gangs, Jamaican posses, and white power bikers, were also on the list. Fifteen of the targets were women charged with some of the most heinous crimes imaginable. None of the targets was under the age of twenty-one, as per Myers’s direction.
The one thing the targeted drug dealers all shared in common was that they were evil personified. In addition to drug dealing, each of them was guilty of at least one or more violent crimes, including murder, torture, rape, arson, armed robbery, or kidnapping. Victims were often innocent; too often they were law enforcement officers in Mexico or the United States, or even military personnel. Hispanics clearly dominated both sides of the list (on the Mexican side it was almost entirely Hispanic), but a number of Anglos, African Americans, and even a few Asians on the American side ensured that the list couldn’t be construed as anti-Latino, though that charge would be repeated over and over in the days and weeks to come.
—
The Mexican government’s official response was predictable: outrage. Mexican politicians raged on radio and television.
“A violation of international legal norms.”
“A betrayal of decades of mutual cooperation and trust.”
“A matter to be taken to the International Court of Justice.”
And so forth.
—
Mexican newspaper editorials were somewhat less restrained.
“Another yanqui stab in the back.”
“Naked hegemony!”
“A strange, cruel attempt to repeal NAFTA.”
“The end of history.”
—
But not every Mexican newspaper looked unfavorably upon what was being termed the “Myers Doctrine.” Stranger still, the Mexican public was mostly in favor of it. Anything to break the back of the narcotraficantes that had tormented them for so long.
President Barraza ordered the Mexican armed forces to the border “to prevent American terrorist and criminal elements from entering our country” and declared Mexican airspace “inviolable,” with solemn pledges to shoot down any American drones that dared cross into it. He also summoned Ambassador Romero to Los Pinos for an excoriating lecture on the megalomaniacal and dictatorial posturing of “that woman” before dismissing him unceremoniously from both his office and the nation.
Privately, however, President Barraza craved retaliation. Would it be possible to acquire drones of their own for operations within the United States? Was the Mexican military capable of engaging American troops along the border—snipers, short incursions, harassments? He raised these possibilities with his capo, Hernán, who counseled restraint.
“Let’s see how this plays out, Antonio. Nothing may yet come of it. We have options we can exercise later if we need to.”
“What options?”
“Trust me, brother. It’s better if you don’t know what they are.” Problem was, Hernán didn’t know either. He was just hoping Victor Bravo had something up his sleeve.
San Diego, California
Ali Abdi’s response to the whole situation was borderline despair.
What else must I do to provoke the effeminate Americans to invade these idol-worshipping Catholics?
If the Americans didn’t invade Mexico, then Ali’s plan with the Russians would be in jeopardy.
More important, his larger plan that even the Russians weren’t aware of would fail completely.
He had no choice.
Ali had hoped to hold the Bravo men and his own Quds Force soldiers in reserve, especially now that they were well hidden on American soil. His original intention was to use them in partisan-style actions, harassing American supply lines when the U.S. military finally invaded Mexico.
But the invasion never happened.
Ali would have to unleash his forces now if there was any hope of provoking a full-on American military assault into Mexico, and he had just the plan to do it.
43
Capitol Hill, Washington, D.C.
Myers had called for an emergency session of Congress to codify into law what she had already initiated on behalf of American national security and sovereignty through a series of executive orders.
She got only half of what she’d hoped for.
Senator Diele had, indeed, called for an emergency session, but only of the Senate Armed Services Committee, which he chaired. It took several days for the vacationing senators and their staffs to return to the sweltering humidity of Washington, D.C., and for Diele to assemble and summon his witness list.
As both president pro tempore of that august body and as chairman of the committee, Diele had the authority to call his committee into emergency session, as Myers had publicly requested be done. That was a mistake, in Diele’s opinion, one of several she had recently made. It was the mistake t
hat would lead to her impeachment if he had anything to do with it.
According to the U.S. Constitution, the vice president was the president of the Senate, but in practical terms this was a largely ceremonial function. Vice President Greyhill, in theory, could have called the Senate into session as well, but Diele and Greyhill had decided in private that it would be best if Greyhill kept his cards close to his vest for now. Diele had already been an outspoken critic of Myers and it might prove useful if Greyhill feigned allegiance to Myers on the off-hand chance she decided to pull him back into her inner circle. More important, once Myers was thrown out of office, the mantle of the presidency would fall upon Greyhill’s shoulders. He would lose legitimacy in the eyes of the American people if he was seen as having a hand in Myers’s downfall, which would be viewed for the naked power grab it obviously was. No, it was far better for Greyhill to keep his hands off of the whole affair until Diele handed him the office. That’s when Greyhill could afford to be demonstrably appreciative of Diele’s efforts.
The first day of the committee hearings featured a parade of witnesses selected by Diele. Members of his own party protested; several of them supported at least part of Myers’s agenda and wanted to help buttress her position, but Diele would have none of it. Even a few of the principled Democrats, some of whom also supported some of Myers’s positions, balked at Diele’s heavy-handedness. But Diele assured them that the administration and its supporters would have every opportunity to present their case. Diele wanted to be first out of the box because he knew the American people had very short attention spans and it was best to be the first shiny object in their ADD-riven fields of view.
A predictable collection of academics, civil libertarians, think-tank denizens, and Latino community organizers presented their arguments. Their positions varied from the idea that Myers was, at best, misguided and, at worst, guilty of international criminal and human rights violations. Savvy witnesses who dropped the best lines got the most play in the twenty-four-hour news cycle. Some of these included:
Politicians want a costless war. Generals want a riskless war. Drones satisfy both and the collateral damage will be peace.
Violating Mexican sovereignty in defense of our own is an act of criminal irony.
President Myers has proven that taking humans out of war to reduce the cost of war only makes war more likely.
Drug consumption is an American problem. Killing Mexicans can’t be the solution.
If this president is so concerned about the drug war, maybe she should start by investigating the CIA’s long career as the biggest drug pusher in Latin America.
One word, ladies and gentlemen: Skynet.
But if there was one aria that Diele’s opera sang over and over, it was the War Powers Resolution. By not submitting herself to its requirements—basically, getting permission from Congress to attack other countries—she was destroying democracy and inviting tyranny both in the United States and around the world. She was violating the Constitution that she had sworn to uphold and defend. No one used the actual phrase but “an impeachable offense” hung in the air like a fart in church.
—
True to his word, Diele did permit administration supporters to testify. Attorney General Lancet was the last to testify, and the only cabinet member to do so. As such, she spoke for the president.
Diele fired the first salvo.
“How does this administration legally justify an attack on another sovereign state without congressional approval, as specified by War Powers, let alone without a formal declaration of war? This is, after all, a war, isn’t it?”
“Yes, it is, Mr. Chairman. And the president has asked Congress to commit wholeheartedly to fighting and winning it.”
“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 n
ation, 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.
“The United States has not declared a war since 1941, but the litany of conflicts we’ve been in—‘wars’ by any other name that involve the loss of American lives—is incredible: the Korean War, the Vietnam War, the first and second Gulf wars are just the big ones. There were twice as many covert operations that were no less acts of war, including a dozen coups d’état in Asia and Latin America during the hottest years of the cold war. So the president’s question for you, Senator, is why has Congress been so interested in fighting wars over the past seven decades but not in declaring them?”
“The president should be worried about fulfilling the legal responsibilities of her office, not lecturing us on how to conduct our affairs.”
“Her legal responsibility is to protect and defend the nation. This nation has suffered grievously for a lack of leadership, particularly from Congress. She hasn’t tried to avoid the Constitution, Senator, she’s trying to invoke it. You know the numbers as well as anyone: drugs have killed far more Americans than any foreign enemy from any war we’ve ever fought. And what have you done about it?”
Diele banged his gavel.
“You will show respect to this committee or you will be held in contempt.”
