Leon Penetta Defense Secretary

Panetta: International Permission Trumps Congressional Permission For Military Actions (video)
conservativebyte.com ^ | 3/8/2012 | Conservative Byte

This deserves to be transcribed Senator Sessions: General Dempsey, in one of your criteria for determining what we might do militarily, you say you have to ask the question as to weather the question is worth the cost and is consistent with law and what law. What law does the United States military look to? General Dempsey: Yeah, if I could, I would like to address both because they are related. So costs resources risk uncured elsewhere by the use of force, one other place. So, you know it is a zero sum game. We take them from some place else, we use them for how long, and thats the kind of issue for costs. Is it and in course of (what did Jesse Jackson Say?). The issue of legal basis is important though. We act with the authorized use of military force at either the consent of a government, so we are invited in, or, out of national self defense, and there is a very clear criteria for that. And then the last one is with some kind of international legal basis (unintelligible). Senator Sessions:

Wait a minute, lets talk about an international legal basis. You answer under the constitution to the United States government, do you not? And, you dont need any international support before you would carry out a military operation authorized by the Commander in Chief.
General Dempsey:

No, of course not, thats the second

Senator Sessions: I just want to know because there are a lot of references in here to international matters before we can make a decision. And I want to make sure that the United States military, I understand and I know you do, that we are not dependent on a NATO resolution or a U.N. resolution to execute policies consistent with the national security of the United States.

Now secretary Penetta, in your remarks you talk about, we are working first to increase diplomatic isolation and encouraging other countries to join European Union and Arab League and imposing sanctions. And then you note that China and Russia have repeatedly blocked U.N. Security Council from taking action. Are you saying, and is the president taking the position, he would not act if it was in our interest to do so, if the U.N. Security Council did not agree? Secretary Panetta: When it comes to the kind of military action where we want to build a coalition and work with our international partners, then obviously we would like to have some kind of legal basis on which to do it as we did in Libya. Senator Sessions: Now, some for legal basis, were worried about international legal basis, but nobody worried about the fundamental constitutional legal basis that this congress has over war. We were not asked in stunningly direct violation of War Powers Act whether or not you believe it is constitutional, it certainly didnt comply with it. We spent our time worrying the U.N., the Arab League, NATO, and too little time in my opinion worrying about the elected representatives of the United States. Do you think you can act without congress to initiate a no-fly zone in Syria without congressional approval? Secretary Panetta: No, again, our goal would be to seek international permission and we

would come to congress and inform you and determine how best to approach this, whether or not we want to get permission from congress, I think those are issues we would have to discuss as we decide what to do
here. Senator Sessions:

Well, Im almost breathless about that, because what I heard you say here is, were going to seek international approval and then we will come and tell congress what we might do, and we might seek congressional approval. I want to just say to you, thats a big, wouldnt you agree, you served in the congress, wouldnt you agree that that would be pretty breathtaking to the average American. So would you like to clarify that.
Secretary Panetta:

But Ive also served with Republican presidents and Democratic presidents who has always reserved to right to defend this country if necessary. Senator Sessions: But you, before we do this, you would seek permission from international authorities? Secretary Panetta: If were working with international coalition, we are working with NATO, we would want to get appropriate permissions in order to be able to do that. All of these countries would want to have some kind of legal basis to act. Senator Sessions: On what legal basis are you looking for? What entity? Secretary Panetta: Well obviously, if NATO made the decision to go in, that would be one, if we develop an international coalition beyond NATO, then obviously some kind of U.N. Security resolution Senator Sessions: A coalition of, so your saying NATO would give you a legal basis and an ad hock coalition of nations would provide a legal basis. Secretary Panetta: If we were able to put together a coalition and were able to move together, then obviously we would seek whatever legal basis we need to make that justified. We cant just pull them all together in a combat operation without getting the legal basis on which to act. Senator Sessions: Who are you asking for the legal basis from? Secretary Panetta: Obviously if the U.N. passed a security resolution as it did in Libya, we would do that, if NATO came together as we did in Bosnia, then we would rely on that. So we have options here if we want to build the kind of international approach to dealing with the situation.

Senator Sessions:

Well, Im all for having international support, but Im really baffled by an idea that somehow an international assembly provides a legal basis for the United States military to be deployed in combat. I dont believe its close to being correct. It provides no legal authority. The only legal authority that is required to deploy the United States military is of the congress and the president and the law of the Constitution.
Secretary Panetta:

Let me just for the record be clear again. Senator, so there is no misunderstanding, When it comes to the national defense of this country, the President of the United States has the authority under the constitution to act to defend this country. And we will. If it comes to an operation where we are trying to build a coalition of nations to work together to go in and operate as we did in Libya, or Bosnia, or for that matter, Afghanistan, we want to do it with permissions either by NATO or the international community