N.Z. Bear has a sneak peek at the text of Pelosi & Company’s “Cut & Run” bill over at Victory Caucus.

Here are the lowlights:

Sec. 1901 (b) None of the funds appropriated or otherwise made available in this or any other Act may be used to deploy any unit of the Armed Forces to Iraq unless the chief of the military department concerned has certified in writing to the Committees on Appropriations and the Committees on Armed Services at least 15 days in advance of the deployment that the unit is fully mission capable.

What the bill doesn’t tell you is that almost all of the units deploying to Iraq today are technically considered not “fully mission capable” until they have arrived in theater and taken custody of the heavy equipment from the unit they are relieving. Moving all those vehicles and parts halfway around the world takes time, manpower, and money. It’s far cheaper and easier to move men, and match them up with the equipment already in place. Which is why we do it that way.

As an ex-Marine, Murtha — especially — should know this.

Sec. 1902 (b) None of the funds appropriated or otherwise made available in this or any other Act may be obligated or expended to initiate the development of, continue the development of, or execute any order that has the effect of extending the deployment for Operation Iraqi Freedom of —

(1) any unit of the Army, Army Reserve, or Army National Guard beyond 365 days; or

(2) any unit of the Marine Corps or Marine Corps Reserve beyond 210 days.

So where are the limitations for the Navy and Air Force? Blue forces deploy too, you know.

But seriously, this doesn’t look like it would stand up to a Constitutional challenge. Article 2, Section 2 specifically grants Commander-in-Chief powers to the President.

(Much more after the jump)

And then there’s the withdrawal timetable and benchmarks:

Section 1904. (a) The President shall make and transmit to Congress the following determinations, along with reports in classified and unclassified form detailing the basis for each determination, on or before July 1, 2007:

(1) whether the Government of Iraq has given United States Armed Forces and Iraqi Security Forces the authority to pursue all extremists, including Sunni insurgents and Shiite militias, and is making substantial progress in delivering necessary Iraqi Security Forces for Baghdad and protecting such Forces from political interference; intensifying efforts to build balanced security forces throughout Iraq that provide even-handed security for all Iraqis; ensuring that Iraq’s political authorities are not undermining or making false accusations against members of the Iraqi Security Forces; eliminating militia control of local security; establishing a strong militia disarmament program; ensuring fair and just enforcement of laws; establishing political, media, economic, and service committees in support of the Baghdad Security Plan, and eradicating safe havens;

(2) whether the Government of Iraq is making substantial progress in meeting its commitment to pursue reconciliation initiatives, including enactment of a hydro-carbon law; adoption of legislation necessary for the conduct of provincial and local elections; reform of current laws governing the de-Baathification process; amendment of the Constitution of Iraq; and allocation of Iraqi revenues for reconstruction projects; and

(3) whether the Government of Iraq and United States Armed Forces and making substantial progress in reducing the level of sectarian violence in Iraq.

(b) On or before October 1, 2007, the President —

(1) shall certify to the Congress that the Government of Iraq has enacted a broadly accepted hydro-carbon law that equitably shares oil revenues among all Iraqis; adopted legislation necessary for the conduct of provincial and local elections, taken steps to implement such legislation, and set a schedule to conduct provincial and local elections; reformed current laws governing the de-Baathification process to allow for more equitable treatment of individuals affected by such laws; amended the Constitution of Iraq consistent with the principles contained in article 137 of such constitution; and allocated and begun expenditure of $10 billion in Iraqi revenues for reconstruction projects, including delivery of essential services, on an equitable basis; or

(2) shall report to Congress that he is unable to make such certification.

(c) If in the transmissions to Congress required by subsection (a) the President determines that any of the conditions specified in each subsection have not been met, or if the President is unable to make the certification specified in subsection (b) by the required date, the Secretary of Defense shall commence the redeployment of the Armed Forces from Iraq and complete such redeployment within 180 days.

(d) If the President makes the certification specified in subsection (b), the Secretary of Defense shall commence the redeployment of the Armed Forces from Iraq not later than March 1, 2008, and complete such redeployment within 180 days.

(e) Notwithstanding any other provision of law, funds appropriated or otherwise made available in this or any other Act are immediately available for obligation and expenditure to plan and execute a safe and orderly redeployment of the Armed Forces from Iraq, as specified in subsections (c) and (d).

What happens once this hypothetical Congressionally-mandated drawdown is completed?

(f) After the conclusion of the 180-day period for redeployment specified in subsections (c) and (d), the Secretary of Defense may not deploy or maintain members of the Armed Forces in Iraq for any purpose other than the following:

(1) Protecting Amercian diplomatic facilities and American citizens, including members of the U.S. Armed Forces.

(2) Serving in roles consistent with customary diplomatic positions.

(3) Engaging in targeted special actions limited in duration and scope to killing or capturing members of al-Qaeda and other terrorist organizations with global reach.

(4) Training members of the Iraqi Security Forces.

Yeah, looking over Article 1, Section 8 of the Constitution, I’m pretty sure Congress doesn’t have the authority to dictate military strategy like this.

De-fund the war? Yes. De-authorize the war? Certainly. But micro-manage the military to defeat? No, I don’t think that’s what the Framers had in mind.

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