President Obama pulled U.S. forces out of Iraq in 2011 because he couldn’t get Iraq’s parliament to offer U.S. soldiers immunity from Iraqi prosecution. But now Obama is promising to send in hundreds of special operations forces based on a written promise that these soldiers will not be tried in Iraq’s famously compromised courts for actions they are taking in defense of Baghdad.
The U.S. military and Secretary of Defense Chuck Hagel have opposed sending any special operations teams to Iraq until there is a written agreement from Iraq’s government that they will not be prosecuted under Iraqi law. On Monday, the White House spokesman said those promises were provided in an exchange of diplomatic notes. The delay in getting that agreement is one of many reasons why the Pentagon and the White House were reluctant to support air strikes inside Iraq—despite lobbying from Secretary of State John Kerry and his aides.