The Free Press, Mankato, MN

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November 22, 2008

Our View: U.S. should be open with Iraq agreement

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One of the most crucial official actions controlling continued U.S. presence in Iraq is being kept secret from the American public even though it has been published in Iraqi media.

The Status of Forces Agreement was signed by the Bush Administration and the Iraqi cabinet last week, but still must be approved by the Iraqi Parliament. The administration has declined to make public the 20-page agreement, leaving U.S. experts on these things to use only a rough English translation of the Iraqi agreement.

Some members of Congress are decrying the secrecy as “incredible” and “bizarre.” Chairman of the House Foreign Affairs Committee Howard Berman, D-Calif., told Reuters: “There is something bizarre about the text being disseminated to the Iraqi people and we are being told we cannot distribute the English language version of the agreement.”

The agreement is significant and directly affects risks U.S. soldiers will face in Iraq after Dec. 31, when the United Nations agreement governing Iraq security expires. Experts who’ve been able to translate the agreement say Iraq will be able to approve all U.S. military operations, and Iraqis will have criminal jurisdiction in some cases over U.S. soldiers. The Iraqis could have veto power over U.S. forces chasing terrorists into Syria, where they’ve been known to flee.

These provisions were described by one expert in this area of law as “unprecedented and extremely unusual” for the typical status of forces document. Presidents can typically enter into more routine status of forces agreements without congressional approval, but the current agreement goes beyond the “president’s independent constitutional powers,” said Oona Hathaway, a law professor at the University of California, Berkeley.

Rep. Bill Delahunt, D-Mass., chairman of a Foreign Affairs subcommittee, has held hearings on the proposed agreement, but has not received a copy of it from the Bush Administration, nor has the administration been willing to appear at the open hearings.

When government wants to keep something secret, it’s a red flag that something’s amiss. This agreement could be disastrous for U.S. troops in Iraq going forward. The Bush administration expected to have it completed in July, but politics in Iraq have delayed it. A growing number in the Iraqi Parliament, including militant leader Muqtada al-Sadr, are opposing it. While Iraqi President Nouri al-Maliki is pushing for its passage, the opposition is pushing for a two-thirds vote, saying they will resort to violent tactics if al-Maliki pushes it through in a way perceived to be political.

A growing number in Congress are calling for delaying the agreement, and pushing for extension of the U.N. agreement. That would seem prudent at this point; the American people have not been allowed to see just what their government is getting them into.

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