Natural Resources Management Act--Motion to Proceed

Floor Speech

Date: Jan. 31, 2019
Location: Washington, DC

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Mr. MURPHY. Mr. President, I come to the floor today to express my opposition to the amendment before the Senate right now with respect to the disposition of American forces in Syria.

First, for my colleagues, let me stipulate that President Trump's Syria policy has been an absolute mess. It has been a train wreck. It has been a dumpster fire on a daily basis. That is something Republicans and Democrats can agree on, and I assume that is the reason we are having this debate right now.

There is bipartisan consternation over a policy in Syria that seems to change daily. It often changes based upon who the last person was to walk into the Oval Office or catch the President's ear.

The current policy seems to be that the President is intent on pulling out the 2,000 or so troops that are there at the request of the leader of Turkey. He would love to see the United States pull out so that he could move his troops in and overrun the Kurdish forces, which have been our partners for several years in trying to root out ISIS and extremist groups from Syria.

Let me also stipulate that I was one who did not support sending American troops into Syria in the first place. I have never believed that there is a military solution, led by the United States, to the host of problems that ravage that country. But once you have made that commitment, if you are going to undo it, you have to do it in some orderly fashion. To simply decide on a moment's notice, without any discussion with our allies or partners, that we are moving troops out is the wrong way to undo a commitment that I would argue was wrong in the first place.

You have to have a plan in place for the security of those you are leaving behind--both the Kurdish forces that you have pushed to bring the fight to ISIS, as well as all of the civilians who could be caught in the crossfire between an advancing Turkish force and a defensively oriented Kurdish force.

This is not why I am on the floor today--to try to, once again, rehash all of the ways that Trump's policy in Syria has gone wrong. I want to talk about why this amendment is not the right way for us to proceed as a means of correcting Trump's backward policies and how it could, frankly, get us more deeply mired into a series of conflicts in the Middle East, which are not supported--nor will they be supported-- by the American people.

First, we should be debating an authorization of military force for American forces in Syria, not an amendment that restricts an illegal use of military force.

The President does not have congressional authorization to use U.S. troops to fight ISIS in Syria or anywhere else. He claims he does because he has taken the 2001 AUMF and suggested that because some elements of al-Qaida eventually became elements of ISIS, that authorization continues. There is no one who voted then for that authorization some 17 years ago who thought that it would now be used as a means to fight a very different terrorist organization.

We should be having a debate about renewing America's authorization of military force so that it is updated for the enemies we are actually fighting, instead of conceding that the President has what is now, potentially, unlimited ability to fight anyone, anywhere around the world, who has any kind of affiliation to a terrorist group named 17 years ago. We are not doing that. Instead, through this amendment, in some way, shape, or form, we are ratifying the President's extra- constitutional use of military force overseas, green-lighting the continued end-around on congressional authorization that this President and many other Presidents would like to continue.

Let me also concede that this perversion of the 2001 AUMF was not invented by President Trump. It was invented by President Obama. I opposed it then, as I oppose it now.

Second, the language of this bill suggests that our mission inside Syria is not just to fight ISIS. The language of this bill suggests that our troops are in Syria to fight Iran as well. Over and over again, this amendment is peppered with references to the rationale for our existence in Syria being not just to fight ISIS but also to counter Iranian influence.

In fact, the amendment lists a series of conditions that we believe need to be filled before troops are to be withdrawn. Among those conditions is a strategy to ``stop Iran from dominating the region.'' That is an interesting debate for us to have: What should be the role of the United States to stop Iran from dominating the region?

I agree with my Republican colleagues that it is not in the security interests of the United States, nor our allies, for Iran to continue to gain a bigger foothold in the region, but there is absolutely no congressional authorization for U.S. forces to be in Syria to counter Iran or to fight Iran or to try to be a bulwark against Iranian aggression. No matter what kind of hoops you jump through to try to contort the 2001 AUMF to counter ISIS, you cannot get it to cover Iran.

This resolution--I don't know that it suggests, but it essentially admits--it asserts--that our troops are inside Syria today not just to fight ISIS but to stop Iran from gaining a bigger foothold there and, in fact, makes a condition of our troops' withdrawal be a strategy to continue to press back against the Iranians. There is no AUMF for that.

Let me tell you my real worry. Putting a bipartisan stamp of approval today on an amendment that suggests our troops are inside Syria, in part, to counter Iran will ultimately empower those in the administration who are rooting for actual war with Iran. If Democrats and Republicans say here, today, that our mission inside Syria is ultimately to fight Iran, then doesn't that potentially put some imprimatur of congressional support for a bigger conflagration with Iran that some in the administration may be trying to achieve?

Third, this amendment leaves the impression that there is an American-led military solution to all of the vexing problems inside Syria. There is none. There is none. If we really want to have a debate about the future of American policy in Syria, then we need to come to the conclusion that, ultimately, if we want to be a real player in the long-term disposition of Syria for the betterment of the Syrian people, then American diplomats, American refugee programs, and American economic development aid are going to be much more dispositive than 2,000 American troops.

Let me give you an example. In Northern Syria, where the Kurds exist and where American troops are for the time being, we have a problem. As I outlined before, the problem is a relatively simple one. We have pushed the Kurds to become more and more influential in the military and governance matters of that region. That was important for us because the Kurds were the most likely fighting force to be able to oust ISIS, but we knew ahead of time that this was going to create a problem with the Kurds, who see the YPG--the Kurdish military--as a terrorist group. We don't agree with them, but we knew ahead of time that the Turks would not stand for the long-term empowerment of the YPG in those portions of Syria.

We have now reached the point at which the rubber hits the road--at which Erdogan has said: We are not going to stand for that. We are going to bring our troops in, creating a potential flashpoint there.

There is a solution here, and Erdogan outlined it in an op-ed he wrote for a major American newspaper. He said: Well, listen, we understand the Kurds are going to have to be influential, but it has to be Kurds we support, not Kurds we believe to be affiliated with terrorist groups. That is a really tricky needle to thread, and I am not sure that it ever can be threaded. But the way you do that is, frankly, not with tanks or with American marines but with diplomats and with experienced foreign policy hands--people who know how to work out a complicated political arrangement in which the Kurds continue to be able to run that region but the Turks decide to hold back and not press forward militarily. That is a diplomatic and political quandary that cannot be solved by the American military.

This amendment seems to suggest that we can solve all of our problems--or many of our problems--if we just keep 2,000 troops there.

Fourth, the back end of this amendment lays out a series of criteria that have to be fulfilled before the troops can be removed. I mentioned one of them--that there has to be a strategy to combat Iranian influence. The final of these criteria is that ISIS has to have been substantially defeated in the region and a certification has to be made to that effect.

Well, let me ask my colleagues this--it is a legitimate question, not a rhetorical one. I don't know the answer, and maybe someone can provide it to me. When was the last time this Congress tied the Executive hands in that way? When was the last time this Congress actually laid out the conditions by which the Executive cannot withdraw troops from a region? That seems to be a very curious exercise of our foreign policy oversight responsibility.

I am someone who has suggested for a long time that we have largely abdicated that responsibility. I would love for us to be debating foreign policy and exercising our oversight more often, but the idea that we would, as a legislative body, tell the President that he cannot withdraw troops from a place unless x, y, and z criteria are met seems to be dangerous and restrictive because there are all sorts of conditions that you can imagine that aren't listed in this amendment by which a President may feel it is in our best interest to bring troops home.

The Constitution doesn't vest in this Congress the power to undeclare war. It vests in us the power to declare war. To me, I worry that by restricting the aperture by which the President can make an argument to bring troops home, we ultimately will end up having them be in harm's way for longer than is necessary.

Maybe this isn't unprecedented. Maybe there are other times where we have done this, but it does seem to be fairly unprecedented for the legislature to tie the Executive's hands and tell him or her that he has to keep troops in a place for a certain period of time.

I wanted to come down to the floor and express my reservations about this amendment. Again, I wish we were having a debate on an AUMF. I wish this weren't the way in which we were exercising our constitutional prerogative on foreign policy. I am deeply worried-- deeply worried--about language in this amendment that empowers those in the administration who are jonesing for a fight with Iran. I do not believe that however capable and brave our troops are in Syria, they ultimately are the answer. If we want to have a debate on Syria policy, let's talk about all the other ways that we need to engage in Syria in order to bring stability to that place. I do worry about how we tie this President's hands or any President's hands when they want to bring our troops home and get them out of harm's way.

Trump has completely botched policy in Syria, but that shouldn't go-- even Trump's most ferocious opponents--from endorsing endless wars. That shouldn't require Democrats to be against everything that he is for. He is pulling our troops out in a way that I oppose, but I worry about the long-term implications of this Congress asking for a fight in Syria that is unauthorized and then tying the President's hands when it comes to getting troops out of harm's way in places in far-off lands.

I oppose the amendment and encourage my colleagues to do the same.

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