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John Dean: Should Bush Be Impeached for Missing WMDs? [Scandal is Worse than Watergate]
Find Law's Legal Commentary ^ | 6/7/03 | John Dean

Posted on 06/07/2003 1:12:48 PM PDT by 11th Earl of Mar

Friday, Jun. 06, 2003

President George W. Bush has got a very serious problem. Before asking Congress for a Joint Resolution authorizing the use of American military forces in Iraq, he made a number of unequivocal statements about the reason the United States needed to pursue the most radical actions any nation can undertake - acts of war against another nation.

Now it is clear that many of his statements appear to be false. In the past, Bush's White House has been very good at sweeping ugly issues like this under the carpet, and out of sight. But it is not clear that they will be able to make the question of what happened to Saddam Hussein's weapons of mass destruction (WMDs) go away - unless, perhaps, they start another war.

That seems unlikely. Until the questions surrounding the Iraqi war are answered, Congress and the public may strongly resist more of President Bush's warmaking.

Presidential statements, particularly on matters of national security, are held to an expectation of the highest standard of truthfulness. A president cannot stretch, twist or distort facts and get away with it. President Lyndon Johnson's distortions of the truth about Vietnam forced him to stand down from reelection. President Richard Nixon's false statements about Watergate forced his resignation.

Frankly, I hope the WMDs are found, for it will end the matter. Clearly, the story of the missing WMDs is far from over. And it is too early, of course, to draw conclusions. But it is not too early to explore the relevant issues.

President Bush's Statements On Iraq's Weapons Of Mass Destruction

Readers may not recall exactly what President Bush said about weapons of mass destruction; I certainly didn't. Thus, I have compiled these statements below. In reviewing them, I saw that he had, indeed, been as explicit and declarative as I had recalled.

Bush's statements, in chronological order, were:

"Right now, Iraq is expanding and improving facilities that were used for the production of biological weapons."

United Nations Address
September 12, 2002

"Iraq has stockpiled biological and chemical weapons, and is rebuilding the facilities used to make more of those weapons."

"We have sources that tell us that Saddam Hussein recently authorized Iraqi field commanders to use chemical weapons -- the very weapons the dictator tells us he does not have."

Radio Address
October 5, 2002

"The Iraqi regime . . . possesses and produces chemical and biological weapons. It is seeking nuclear weapons."

"We know that the regime has produced thousands of tons of chemical agents, including mustard gas, sarin nerve gas, VX nerve gas."

"We've also discovered through intelligence that Iraq has a growing fleet of manned and unmanned aerial vehicles that could be used to disperse chemical or biological weapons across broad areas. We're concerned that Iraq is exploring ways of using these UAVS for missions targeting the United States."

"The evidence indicates that Iraq is reconstituting its nuclear weapons program. Saddam Hussein has held numerous meetings with Iraqi nuclear scientists, a group he calls his "nuclear mujahideen" - his nuclear holy warriors. Satellite photographs reveal that Iraq is rebuilding facilities at sites that have been part of its nuclear program in the past. Iraq has attempted to purchase high-strength aluminum tubes and other equipment needed for gas centrifuges, which are used to enrich uranium for nuclear weapons."

Cincinnati, Ohio Speech
October 7, 2002

"Our intelligence officials estimate that Saddam Hussein had the materials to produce as much as 500 tons of sarin, mustard and VX nerve agent."

State of the Union Address
January 28, 2003

"Intelligence gathered by this and other governments leaves no doubt that the Iraq regime continues to possess and conceal some of the most lethal weapons ever devised."

Address to the Nation
March 17, 2003

Should The President Get The Benefit Of The Doubt?

When these statements were made, Bush's let-me-mince-no-words posture was convincing to many Americans. Yet much of the rest of the world, and many other Americans, doubted them.

As Bush's veracity was being debated at the United Nations, it was also being debated on campuses - including those where I happened to be lecturing at the time.

On several occasions, students asked me the following question: Should they believe the President of the United States? My answer was that they should give the President the benefit of the doubt, for several reasons deriving from the usual procedures that have operated in every modern White House and that, I assumed, had to be operating in the Bush White House, too.

First, I assured the students that these statements had all been carefully considered and crafted. Presidential statements are the result of a process, not a moment's thought. White House speechwriters process raw information, and their statements are passed on to senior aides who have both substantive knowledge and political insights. And this all occurs before the statement ever reaches the President for his own review and possible revision.

Second, I explained that - at least in every White House and administration with which I was familiar, from Truman to Clinton - statements with national security implications were the most carefully considered of all. The White House is aware that, in making these statements, the President is speaking not only to the nation, but also to the world.

Third, I pointed out to the students, these statements are typically corrected rapidly if they are later found to be false. And in this case, far from backpedaling from the President's more extreme claims, Bush's press secretary, Ari Fleischer had actually, at times, been even more emphatic than the President had. For example, on January 9, 2003, Fleischer stated, during his press briefing, "We know for a fact that there are weapons there."

In addition, others in the Administration were similarly quick to back the President up, in some cases with even more unequivocal statements. Secretary of Defense Donald Rumsfeld repeatedly claimed that Saddam had WMDs - and even went so far as to claim he knew "where they are; they're in the area around Tikrit and Baghdad."

Finally, I explained to the students that the political risk was so great that, to me, it was inconceivable that Bush would make these statements if he didn't have damn solid intelligence to back him up. Presidents do not stick their necks out only to have them chopped off by political opponents on an issue as important as this, and if there was any doubt, I suggested, Bush's political advisers would be telling him to hedge. Rather than stating a matter as fact, he would be say: "I have been advised," or "Our intelligence reports strongly suggest," or some such similar hedge. But Bush had not done so.

So what are we now to conclude if Bush's statements are found, indeed, to be as grossly inaccurate as they currently appear to have been?

After all, no weapons of mass destruction have been found, and given Bush's statements, they should not have been very hard to find - for they existed in large quantities, "thousands of tons" of chemical weapons alone. Moreover, according to the statements, telltale facilities, groups of scientists who could testify, and production equipment also existed.

So where is all that? And how can we reconcile the White House's unequivocal statements with the fact that they may not exist?

There are two main possibilities. One that something is seriously wrong within the Bush White House's national security operations. That seems difficult to believe. The other is that the President has deliberately misled the nation, and the world.

A Desperate Search For WMDs Has So Far Yielded Little, If Any, Fruit

Even before formally declaring war against Saddam Hussein's Iraq, the President had dispatched American military special forces into Iraq to search for weapons of mass destruction, which he knew would provide the primary justification for Operation Freedom. None were found.

Throughout Operation Freedom's penetration of Iraq and drive toward Baghdad, the search for WMDs continued. None were found.

As the coalition forces gained control of Iraqi cities and countryside, special search teams were dispatched to look for WMDs. None were found.

During the past two and a half months, according to reliable news reports, military patrols have visited over 300 suspected WMD sites throughout Iraq. None of the prohibited weapons were found there.

British and American Press Reaction to the Missing WMDs

British Prime Minister Tony Blair is also under serious attack in England, which he dragged into the war unwillingly, based on the missing WMDs. In Britain, the missing WMDs are being treated as scandalous; so far, the reaction in the U.S. has been milder.

New York Times columnist, Paul Krugman, has taken Bush sharply to task, asserting that it is "long past time for this administration to be held accountable." "The public was told that Saddam posed an imminent threat," Krugman argued. "If that claim was fraudulent," he continued, "the selling of the war is arguably the worst scandal in American political history - worse than Watergate, worse than Iran-contra." But most media outlets have reserved judgment as the search for WMDs in Iraq continues.

Still, signs do not look good. Last week, the Pentagon announced it was shifting its search from looking for WMD sites, to looking for people who can provide leads as to where the missing WMDs might be.

Undersecretary of State for Arms Control and International Security John Bolton, while offering no new evidence, assured Congress that WMDs will indeed be found. And he advised that a new unit called the Iraq Survey Group, composed of some 1400 experts and technicians from around the world, is being deployed to assist in the searching.

But, as Time magazine reported, the leads are running out. According to Time, the Marine general in charge explained that "[w]e've been to virtually every ammunition supply point between the Kuwaiti border and Baghdad," and remarked flatly, "They're simply not there."

Perhaps most troubling, the President has failed to provide any explanation of how he could have made his very specific statements, yet now be unable to back them up with supporting evidence. Was there an Iraqi informant thought to be reliable, who turned out not to be? Were satellite photos innocently, if negligently misinterpreted? Or was his evidence not as solid as he led the world to believe?

The absence of any explanation for the gap between the statements and reality only increases the sense that the President's misstatements may actually have been intentional lies.

Investigating The Iraqi War Intelligence Reports

Even now, while the jury is still out as to whether intentional misconduct occurred, the President has a serious credibility problem. Newsweek magazine posed the key questions: "If America has entered a new age of pre-emption --when it must strike first because it cannot afford to find out later if terrorists possess nuclear or biological weapons--exact intelligence is critical. How will the United States take out a mad despot or a nuclear bomb hidden in a cave if the CIA can't say for sure where they are? And how will Bush be able to maintain support at home and abroad?"

In an apparent attempt to bolster the President's credibility, and his own, Secretary Rumsfeld himself has now called for a Defense Department investigation into what went wrong with the pre-war intelligence. New York Times columnist Maureen Dowd finds this effort about on par with O. J.'s looking for his wife's killer. But there may be a difference: Unless the members of Administration can find someone else to blame - informants, surveillance technology, lower-level personnel, you name it - they may not escape fault themselves.

Congressional committees are also looking into the pre-war intelligence collection and evaluation. Senator John Warner (R-VA), chairman of the Senate Armed Services Committee, said his committee and the Senate Intelligence Committee would jointly investigate the situation. And the House Permanent Select Committee on Intelligence plans an investigation.

These investigations are certainly appropriate, for there is potent evidence of either a colossal intelligence failure or misconduct - and either would be a serious problem. When the best case scenario seems to be mere incompetence, investigations certainly need to be made.

Senator Bob Graham - a former chairman of the Senate Intelligence Committee - told CNN's Aaron Brown, that while he still hopes they find WMDs or at least evidence thereof, he has also contemplated three other possible alternative scenarios:

One is that [the WMDs] were spirited out of Iraq, which maybe is the worst of all possibilities, because now the very thing that we were trying to avoid, proliferation of weapons of mass destruction, could be in the hands of dozens of groups. Second, that we had bad intelligence. Or third, that the intelligence was satisfactory but that it was manipulated, so as just to present to the American people and to the world those things that made the case for the necessity of war against Iraq.

Senator Graham seems to believe there is a serious chance that it is the final scenario that reflects reality. Indeed, Graham told CNN "there's been a pattern of manipulation by this administration."

Graham has good reason to complain. According to the New York Times, he was one of the few members of the Senate who saw the national intelligence estimate that was the basis for Bush's decisions. After reviewing it, Senator Graham requested that the Bush Administration declassify the information before the Senate voted on the Administration's resolution requesting use of the military in Iraq.

But rather than do so, CIA Director Tenet merely sent Graham a letter discussing the findings. Graham then complained that Tenet's letter only addressed "findings that supported the administration's position on Iraq," and ignored information that raised questions about intelligence. In short, Graham suggested that the Administration, by cherrypicking only evidence to its own liking, had manipulated the information to support its conclusion.

Recent statements by one of the high-level officials privy to the decisionmaking process that lead to the Iraqi war also strongly suggests manipulation, if not misuse of the intelligence agencies. Deputy Secretary of Defense Paul Wolfowitz, during an interview with Sam Tannenhaus of Vanity Fair magazine, said: "The truth is that for reasons that have a lot to do with the U.S. government bureaucracy we settled on the one issue that everyone could agree on which was weapons of mass destruction as the core reason." More recently, Wolfowitz added what most have believed all along, that the reason we went after Iraq is that "[t]he country swims on a sea of oil."

Worse than Watergate? A Potential Huge Scandal If WMDs Are Still Missing

Krugman is right to suggest a possible comparison to Watergate. In the three decades since Watergate, this is the first potential scandal I have seen that could make Watergate pale by comparison. If the Bush Administration intentionally manipulated or misrepresented intelligence to get Congress to authorize, and the public to support, military action to take control of Iraq, then that would be a monstrous misdeed.

As I remarked in an earlier column, this Administration may be due for a scandal. While Bush narrowly escaped being dragged into Enron, it was not, in any event, his doing. But the war in Iraq is all Bush's doing, and it is appropriate that he be held accountable.

To put it bluntly, if Bush has taken Congress and the nation into war based on bogus information, he is cooked. Manipulation or deliberate misuse of national security intelligence data, if proven, could be "a high crime" under the Constitution's impeachment clause. It would also be a violation of federal criminal law, including the broad federal anti-conspiracy statute, which renders it a felony "to defraud the United States, or any agency thereof in any manner or for any purpose."

It's important to recall that when Richard Nixon resigned, he was about to be impeached by the House of Representatives for misusing the CIA and FBI. After Watergate, all presidents are on notice that manipulating or misusing any agency of the executive branch improperly is a serious abuse of presidential power.

Nixon claimed that his misuses of the federal agencies for his political purposes were in the interest of national security. The same kind of thinking might lead a President to manipulate and misuse national security agencies or their intelligence to create a phony reason to lead the nation into a politically desirable war. Let us hope that is not the case.



TOPICS: Editorial; Front Page News; News/Current Events
KEYWORDS: attack; democrats; desperation; iraq; johndean; weapons
Navigation: use the links below to view more comments.
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To: 11th Earl of Mar
Dean, who starts his commentary with Bush has got a ...
probably thinks he is more literate than Bush.
21 posted on 06/07/2003 1:28:57 PM PDT by altura (this space for rent)
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To: 11th Earl of Mar
You know, I remember how John Dead wrote columns of outrage when Clinton -- without going to Congress or the UN -- bombed Iraq in 1998 the day before the impeachment vote in order to delay the proceedings until the next COngressional session when there would be more Democrats.

I'll never forget how Dean was so elequent in condemning Clinton for bombing Iraqi civilians for mere political gain. Oh wait. Dean never said anything about that. Never mind.
22 posted on 06/07/2003 1:30:19 PM PDT by Maceman
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To: maxwell
"Every time I turned around there was a new post on FR about "this or that found", so I don't understand this hoopla about "where's the weapons". "
You are right. See list here:

http://www.freerepublic.com/focus/f-news/924863/posts?page=23#23
23 posted on 06/07/2003 1:31:50 PM PDT by FairOpinion
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To: 11th Earl of Mar
On several occasions, students asked me the following question: Should they believe the President of the United States? My answer was that they should give the President the benefit of the doubt, for several reasons deriving from the usual procedures that have operated in every modern White House and that, I assumed, had to be operating in the Bush White House, too

I guess this is to make him an unbiased bitch....well he's still a biased bitch.

24 posted on 06/07/2003 1:32:47 PM PDT by Porterville (Screw the grammar, full posting ahead.)
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To: 11th Earl of Mar
HERE is a reminder of what all were saying about the intelligence prior to the invasion. Including TOM DASCHLE.

http://www.senate.gov/~daschle/pdf/iraqresolution101002.pdf

http://www.freerepublic.com/focus/f-news/924988/posts


Daschle convinced of Iraq's WMD (FLASHBACK: Daschle statement October 11, 2002)

Statement by Senate Majority Leader Tom Daschle on a Resolution Authorizing the President to Use Force, if Necessary, to End the Threat to World Peace from Saddam Hussein’s Weapons of Mass Destruction Thursday, October 10, 2002

Mr. President, we are now engaged in one of the most consequential debates addressed in this chamber in
many years. We are confronting the grave issues of war and peace. We are considering how the United
States should respond to a murderous dictator who has shown that he will be bound neither by conscience,
nor by the laws or principles of civilized nations. And we are contemplating whether, and under what
conditions, the Congress should authorize the pre-emptive use of American military power to remove the
threat he poses.

These questions go directly to who we are as a nation. How we answer them will have profound
consequences -- for our nation, for our allies, for the war on terrorism, and -- perhaps most importantly -- for
the men and women in our armed forces who could be called to risk their lives because of our decisions.

There is no question that Saddam Hussein is a dangerous man who has done barbaric things. He has invaded
neighbors, supported terrorists, repressed and murdered his own people. Over the last several months, as the
world has sought to calm the violence between Israelis and Palestinians, Iraq has tried to inflame the situation
by speaking against the very existence of Israel and encouraging suicide bombers in Gaza and the West Bank.

Saddam Hussein has stockpiled, weaponized, and used chemical and biological weapons. And he has made
no secret of his desire to acquire nuclear weapons. He has ignored international agreements and frustrated
the efforts of international inspectors, and his ambitions today are as unrelenting as they have ever been.

As a condition of the truce that ended the Gulf War, Saddam Hussein agreed to eliminate Iraq’s nuclear,
biological and chemical weapons, and to abandon all efforts to develop or deliver such weapons. That
agreement is spelled out in UN Security Council Resolution 687. Iraq has never complied with the resolution.

For the first seven years after the Gulf War, it tried to deceive UN weapons inspectors, block their access to
key sites and make it impossible for them to do their jobs. Finally, in October 1998, the UN was left with no
choice but to withdraw its inspectors from Iraq. As a result, we do not know exactly what is now in Iraq’s
arsenal.

We do know, however, that Iraq has weaponized thousands of gallons of anthrax and other deadly biological
agents. We know that Iraq maintains stockpiles of some of world’s deadliest chemical weapons, including
VX, sarin and mustard gas. We know that Iraq is developing deadlier ways to deliver these horrible
weapons, including unmanned drones and long-range ballistic missiles. And we know that Saddam Hussein is
committed to one day possessing nuclear weapons. If that should happen, instead of simply bullying the Gulf
region, he could dominate it. Instead of threatening only his neighbors, he would become a grave threat to
US security and to global security. The threat posed by Saddam Hussein may not be imminent. But it is real.
It is growing. And it cannot be ignored.

--snip----
Second: We need to make it clear to the world that the reason we would use force in Iraq is to remove
Saddam Hussein’s weapons of mass destruction. I would prefer that this goal had been made explicit in this
resolution. However, it is clear from this debate that Saddam’s weapons of mass destruction are the principal
threat to the United States -- and the only threat that would justify the use of United States military force
against Iraq. It is the threat that the President cited repeatedly in his speech to the American people Monday
night. It may also be the only threat that can rally the world to support our efforts. Therefore, we expect, and
success demands, that the Administration not lose sight of this essential mission.
25 posted on 06/07/2003 1:34:12 PM PDT by finnman69 (!)
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To: FairOpinion
Yep. Like that.

You'll have a hard time convincing me that there ain't some foul play (on Iraq's part) in at least SOME of that. And now people (well okay, The Beautiful People) are talking impeachment?

This goes to show you how scared stiff they are about 2004...

26 posted on 06/07/2003 1:35:37 PM PDT by maxwell (Well I'm sure I'd feel much worse if I weren't under such heavy sedation...)
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To: 11th Earl of Mar
As much as I hate to say it the dems are going to keep working this. No, he can't be impeached over it BUT if they keep it up he could have problems getting re-elected.

I was watching this at FARK this morning and the usually fairly conservative crowd there was waffling.

FWIW I also think keeping Chaney on is a mistske. The pubbies need to be grooming someone to take over. Not Jeb, absolutely not Powell and Chaney won't make it. Rice is a question mark but at this point I'd put her at a disadvantage. It all depends on how she is promoted over the next term.

prisoner6

27 posted on 06/07/2003 1:38:31 PM PDT by prisoner6 ( Right Wing Nuts hold the country together as the loose screws of the left fall out!)
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To: 11th Earl of Mar
It took five years to find Eric Rudolph, and it was just blind luck that that deputy stumbled upon him. It took decades to catch the Uni-bomber and only then by a tip from a family member who recognized his diatribe. THey are still looking for the Lost Dutchman gold mine in Arizona, Bopeep is still looking for her sheep, Clinton is still seareching for a legacy, Dr. Kilmer is still seeking the one arm man, David Banner is still seeking a permanent metamorphis from his Hulk alter ego. Wonder Woman is searching for her Invisible Air plane-but our troops are expected to find weapons of mass destruction, hidden somewhere in Iraq, over a period of twelve years, faster than Robert Byrd can arrange another pork barrel program for West Virginia.
28 posted on 06/07/2003 1:43:56 PM PDT by F.J. Mitchell (Saddam and the Baathless party were the most dangerous WMDs-they have been defused.)
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To: 11th Earl of Mar
I don't know a "John Dean" that hasn't been a disservice to our country in one way or the other.
29 posted on 06/07/2003 1:44:45 PM PDT by spectacularbid2003 (War works)
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To: finnman69
Here's what Senator Kerry said regarding Iraq and WMD, apparently he believed the intelligence as well:


http://thomas.loc.gov/cgi-bin/query/F?r107:13:./temp/~r107gwMP7C:e62636:

http://thomas.loc.gov/cgi-bin/query/D?r107:13:./temp/~r107gwMP7C::

AUTHORIZATION OF THE USE OF UNITED STATES ARMED FORCES AGAINST IRAQ--Continued -- (Senate - October 09, 2002)




This is a debate that should be conducted without regard to parties, to politics, to labels. It is a debate that has to come from the gut of each and every Member, and I am confident that it does. I know for Senator Hagel, Senator McCain, and myself, when we pick up the newspapers and read about the residuals of the Vietnam war, there is a particular sensitivity because I do not think any of us feel a residual with respect to the choices we are making now.

[Page:
S10171] GPO's PDF
I know for myself back in that period of time, even as I protested the war, I wrote that if my Nation was again threatened and Americans made the decision we needed to defend ourselves, I would be among the first to put on a uniform again and go and do that.

We are facing a very different world today than we have ever faced before. September 11 changed a lot, but other things have changed: Globalization, technology, a smaller planet, the difficulties of radical fundamentalism, the crosscurrents of religion and politics. We are living in an age where the dangers are different and they require a different response, different thinking, and different approaches than we have applied in the past.

Most importantly, it is a time when international institutions must rise to the occasion and seek new authority and a new measure of respect.

In approaching the question of this resolution, I wish the timing were different. I wish for the sake of the country we were not here now at this moment. There are legitimate questions about that timing. But none of the underlying realities of the threat, none of the underlying realities of the choices we face are altered because they are, in fact, the same as they were in 1991 when we discovered those weapons when the teams went in, and in 1998 when the teams were kicked out.

With respect to Saddam Hussein and the threat he presents, we must ask ourselves a simple question: Why? Why is Saddam Hussein pursuing weapons that most nations have agreed to limit or give up? Why is Saddam Hussein guilty of breaking his own cease-fire agreement with the international community? Why is Saddam Hussein attempting to develop nuclear weapons when most nations don't even try, and responsible nations that have them attempt to limit their potential for disaster? Why did Saddam Hussein threaten and provoke? Why does he develop missiles that exceed allowable limits? Why did Saddam Hussein lie and deceive the inspection teams previously? Why did Saddam Hussein not account for all of the weapons of mass destruction which UNSCOM identified? Why is he seeking to develop unmanned airborne vehicles for delivery of biological agents?

Does he do all of these things because he wants to live by international standards of behavior? Because he respects international law? Because he is a nice guy underneath it all and the world should trust him?

It would be naive to the point of grave danger not to believe that, left to his own devices, Saddam Hussein will provoke, misjudge, or stumble into a future, more dangerous confrontation with the civilized world. He has as much as promised it. He has already created a stunning track record of miscalculation. He miscalculated an 8-year war with Iran. He miscalculated the invasion of Kuwait. He miscalculated America's responses to it. He miscalculated the result of setting oil rigs on fire. He miscalculated the impact of sending Scuds into Israel. He miscalculated his own military might. He miscalculated the Arab world's response to his plight. He miscalculated in attempting an assassination of a former President of the United States. And he is miscalculating now America's judgments about his miscalculations.

All those miscalculations are compounded by the rest of history. A brutal, oppressive dictator, guilty of personally murdering and condoning murder and torture, grotesque violence against women, execution of political opponents, a war criminal who used chemical weapons against another nation and, of course, as we know, against his own people, the Kurds. He has diverted funds from the Oil-for-Food program, intended by the international community to go to his own people. He has supported and harbored terrorist groups, particularly radical Palestinian groups such as Abu Nidal, and he has given money to families of suicide murderers in Israel.

I mention these not because they are a cause to go to war in and of themselves, as the President previously suggested, but because they tell a lot about the threat of the weapons of mass destruction and the nature of this man. We should not go to war because these things are in his past, but we should be prepared to go to war because of what they tell us about the future. It is the total of all of these acts that provided the foundation for the world's determination in 1991 at the end of the gulf war that Saddam Hussein must:


..... unconditionally accept the destruction, removal, or rendering harmless underinternational supervision of his chemical and biological weapons and ballistic missile delivery systems ..... [and] unconditionally agree not to acquire or develop nuclear weapons or nuclear weapon-usable material.


Saddam Hussein signed that agreement. Saddam Hussein is in office today because of that agreement. It is the only reason he survived in 1991. In 1991, the world collectively made a judgment that this man should not have weapons of mass destruction. And we are here today in the year 2002 with an uninspected 4-year interval during which time we know through intelligence he not only has kept them, but he continues to grow them.

I believe the record of Saddam Hussein's ruthless, reckless breach of international values and standards of behavior which is at the core of the cease-fire agreement, with no reach, no stretch, is cause enough for the world community to hold him accountable by use of force, if necessary. The threat of Saddam Hussein with weapons of mass destruction is real, but as I said, it is not new. It has been with us since the end of that war, and particularly in the last 4 years we know after Operation Desert Fox failed to force him to reaccept them, that he has continued to build those weapons.

He has had a free hand for 4 years to reconstitute these weapons, allowing the world, during the interval, to lose the focus we had on weapons of mass destruction and the issue of proliferation.

The Senate worked to urge action in early 1998. I joined with Senator McCain, Senator Hagel, and other Senators, in a resolution urging the President to ``take all necessary and appropriate actions to respond to the threat posed by Iraq's refusal to end his weapons of mass destruction program.'' That was 1998 that we thought we needed a more serious response.

Later in the year, Congress enacted legislation declaring Iraq in material, unacceptable breach of its disarmament obligations and urging the President to take appropriate action to bring Iraq into compliance. In fact, had we done so, President Bush could well have taken his office, backed by our sense of urgency about holding Saddam Hussein accountable and, with an international United Nations, backed a multilateral stamp of approval record on a clear demand for the disarmament of Saddam Hussein's Iraq . We could have had that and we would not be here debating this today. But the administration missed an opportunity 2 years ago and particularly a year ago after September 11. They regrettably, and even clumsily, complicated their own case. The events of September 11 created new understanding of the terrorist threat and the degree to which every nation is vulnerable.

That understanding enabled the administration to form a broad and impressive coalition against terrorism. Had the administration tried then to capitalize on this unity of spirit to build a coalition to disarm Iraq , we would not be here in the pressing days before an election, late in this year, debating this now. The administration's decision to engage on this issue now, rather than a year ago or earlier, and the manner in which it has engaged, has politicized and complicated the national debate and raised questions about the credibility of their case.

By beginning its public discourse with talk of invasion and regime change, the administration raised doubts about their bona fides on the most legitimate justification for war--that in the post-September 11 world the unrestrained threat of weapons of mass destruction in the hands of Saddam Hussein is unacceptable, and his refusal to allow U.N. inspectors to return was in blatant violation of the 1991 cease-fire agreement that left him in power. By casting about in an unfocused, undisciplined, overly public, internal debate for a rationale for war, the administration complicated their case, confused the American public, and compromised America's credibility in the eyes of the world community. By engaging in hasty war talk rather than focusing on the central issue of Iraq's weapons of mass destruction, the administration placed doubts in the

[Page: S10172] GPO's PDF
minds of potential allies, particularly in the Middle East, where managing the Arab street is difficult at best.
Against this disarray, it is not surprising that tough questions began to be asked and critics began to emerge.

Indeed over the course of the last 6 weeks some of the strongest and most thoughtful questioning of our Nation's Iraq policy has come from what some observers would say are unlikely sources: Senators like CHUCK HAGEL and DICK LUGAR, former Bush Administration national security experts including Brent Scowcroft and James Baker, and distinguished military voices including General Shalikashvili. They are asking the tough questions which must be answered before--and not after--you commit a nation to a course that may well lead to war. They know from their years of experience, whether on the battlefield as soldiers, in the Senate, or at the highest levels of public diplomacy, that you build the consent of the American people to sustain military confrontation by asking questions, not avoiding them. Criticism and questions do not reflect a lack of patriotism--they demonstrate the strength and core values of our American democracy.

It is love of country, and it is defined by defense of those policies that protect and defend our country.

Writing in the New York Times in early September, I argued that the American people would never accept the legitimacy of this war or give their consent to it unless the administration first presented detailed evidence of the threat of Iraq's weapons of mass destruction and proved that it had exhausted all other options to protect our national security. I laid out a series of steps that the administration must take for the legitimacy of our cause and our ultimate success in Iraq --seek the advice and approval of Congress after laying out the evidence and making the case, and work with our allies to seek full enforcement of the existing cease-fire agreement while simultaneously offering Iraq a clear ultimatum: accept rigorous inspections without negotiation or compromise and without condition.

Those of us who have offered questions and criticisms--and there are many in this body and beyond--can take heart in the fact that those questions and those criticisms have had an impact on the debate. They have changed how we may or may not deal with Iraq . The Bush administration began talking about Iraq by suggesting that congressional consultation and authorization for the use of force were not needed. Now they are consulting with Congress and seeking our authorization. The administration began this process walking down a path of unilateralism. Today they acknowledge that while we reserve the right to act alone, it is better to act with allies. The administration which once seemed entirely disengaged from the United Nations ultimately went to the United Nations and began building international consensus to hold Saddam Hussein accountable. The administration began this process suggesting that the United States might well go to war over Saddam Hussein's failure to return Kuwaiti property. Last week the Secretary of State and on Monday night the President made clear we would go to war only to disarm Iraq .

The administration began discussion of Iraq by almost belittling the importance of arms inspections. Today the administration has refocused their aim and made clear we are not in an arbitrary conflict with one of the world's many dictators, but a conflict with a dictator whom the international community left in power only because he agreed not to pursue weapons of mass destruction. That is why arms inspections--and I believe ultimately Saddam's unwillingness to submit to fail-safe inspections--is absolutely critical in building international support for our case to the world.

That is the way in which you make it clear to the world that we are contemplating war not for war's sake, and not to accomplish goals that don't meet international standards or muster with respect to national security, but because weapons inspections may be the ultimate enforcement mechanism, and that may be the way in which we ultimately protect ourselves.

I am pleased that the Bush administration has recognized the wisdom of shifting its approach on Iraq . That shift has made it possible, in my judgment, for the Senate to move forward with greater unity, having asked and begun to answer the questions that best defend our troops and protect our national security. The Senate can now make a determination about this resolution and, in this historic vote, help put our country and the world on a course to begin to answer one fundamental question--not whether to hold Saddam Hussein accountable, but how.

I have said publicly for years that weapons of mass destruction in the hands of Saddam Hussein pose a real and grave threat to our security and that of our allies in the Persian Gulf region. Saddam Hussein's record bears this out.

I have talked about that record. Iraq never fully accounted for the major gaps and inconsistencies in declarations provided to the inspectors of the pre-Gulf war weapons of mass destruction program, nor did the Iraq regime provide credible proof that it had completely destroyed its weapons and production infrastructure.

He has continually failed to meet the obligations imposed by the international community on Iraq at the end of the Persian Gulf the Iraqi regime provide credible proof war to declare and destroy its weapons of mass destruction and delivery systems and to forego the development of nuclear weapons. during the 7 years of weapons inspections, the Iraqi regime repeatedly frustrated the work of the UNSCOM--Special Commission--inspectors, culminating in 1998 in their ouster. Even during the period of inspections, Iraq never fully accounted for major gaps and inconsistencies in declarations provided to the inspectors of its pre-gulf war WMD programs, nor did the Iraqi regime provide credible proof that it had completely destroyed its weapons stockpiles and production infrastructure.

It is clear that in the 4 years since the UNSCOM inspectors were forced out, Saddam Hussein has continued his quest for weapons of mass destruction. According to intelligence, Iraq has chemical and biological weapons as well as missiles with ranges in excess of the

150 kilometer restriction imposed by the United Nations in the ceasefire resolution. Although Iraq's chemical weapons capability was reduced during the UNSCOM inspections, Iraq has maintained its chemical weapons effort over the last 4 years. Evidence suggests that it has begun renewed production of chemical warfare agents, probably including mustard gas, sarin, cyclosarin, and VX. Intelligence reports show that Iraq has invested more heavily in its biological weapons programs over the 4 years, with the result that all key aspects of this program--R&D, production and weaponization--are active. Most elements of the program are larger and more advanced than they were before the gulf war. Iraq has some lethal and incapacitating agents and is capable of quickly producing and weaponizing a variety of such agents, including anthrax, for delivery on a range of vehicles such as bombs, missiles, aerial sprayers, and covert operatives which could bring them to the United States homeland. Since inspectors left, the Iraqi regime has energized its missile program, probably now consisting of a few dozen Scud-type missiles with ranges of 650 to 900 kilometers that could hit Israel, Saudi Arabia and other U.S. allies in the region. In addition, Iraq is developing unmanned aerial vehicles UAVs, capable of delivering chemical and biological warfare agents, which could threaten Iraq's neighbors as well as American forces in the Persian Gulf.

Prior to the gulf war, Iraq had an advance nuclear weapons development program. Although UNSCOM and IAEA International Atomic Energy Agency inspectors learned much about Iraq's efforts in this area, Iraq has failed to provide complete information on all aspects of its program. Iraq has maintained its nuclear scientists and technicians as well as sufficient dual-use manufacturing capability to support a reconstituted nuclear weapons program. Iraqi defectors who once worked for Iraq's nuclear weapons establishment have reportedly told American officials that acquiring nuclear weapons is a top priority for Saddam Hussein's regime.

According to the CIA's report, all U.S. intelligence experts agree that Iraq is seeking nuclear weapons. There

[Page: S10173] GPO's PDF
is little question that Saddam Hussein wants to develop nuclear weapons. The more difficult question to answer is when Iraq could actually achieve this goal. That depends on is its ability to acquire weapons-grade fissile material. If Iraq could acquire this material from abroad, the CIA estimates that it could have a nuclear weapon within 1 year.
Absent a foreign supplier, it might be longer. There is no question that Saddam Hussein represents a threat. I have heard even my colleagues who oppose the President's resolution say we have to hold Saddam Hussein accountable. They also say we have to force the inspections. And to force the inspections, you have to be prepared to use force.

So the issue is not over the question of whether or not the threat is real, or whether or not people agree there is a threat. It is over what means we will take, and when, in order to try to eliminate it.

The reason for going to war, if we must fight, is not because Saddam Hussein has failed to deliver gulf war prisoners or Kuwaiti property. As much as we decry the way he has treated his people, regime change alone is not a sufficient reason for going to war, as desirable as it is to change the regime.

Regime change has been an American policy under the Clinton administration, and it is the current policy. I support the policy. But regime change in and of itself is not sufficient justification for going to war--particularly unilaterally--unless regime change is the only way to disarm Iraq of the weapons of mass destruction pursuant to the United Nations resolution.

30 posted on 06/07/2003 1:49:19 PM PDT by finnman69 (!)
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To: HitmanNY
Then that would also mean that:

1. Israeli intelligence is wrong
2. British intelligence is wrong
3. Iranian intelligence is wrong (not that they matter, but they have said Iraq has WMDs)

31 posted on 06/07/2003 1:50:34 PM PDT by rintense (Thank you to all our brave soldiers, past and present, for your faithful service to our country.)
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To: The Great Satan
And another Clinton speech in Feb. 1998:

http://www.cnn.com/ALLPOLITICS/1998/02/17/transcripts/clinton.iraq/

It (Iraq) admitted, among other things, an offensive biological warfare capability notably 5,000 gallons of botulinum, which causes botulism; 2,000 gallons of anthrax; 25 biological-filled Scud warheads; and 157 aerial bombs.

And I might say UNSCOM inspectors believe that Iraq has actually greatly understated its production.
....

This includes nearly 40,000 chemical weapons, more than 100,000 gallons of chemical weapons agents, 48 operational missiles, 30 warheads specifically fitted for chemical and biological weapons, and a massive biological weapons facility at Al Hakam equipped to produce anthrax and other deadly agents.
32 posted on 06/07/2003 1:53:41 PM PDT by FairOpinion
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To: rintense
Look, I agree with you, but it is at least possible the intel was wrong. It is very unlikely though.

I do suspect this is a 'rope-a-dope.'

But your post reminded me to make the point I was originally going to make. That is, the mist revealing thing about the type of posturing in the article is that the same people who were very patient andvery willing to give Hans "Ignorance Is" Blix as much time as he needed are very impatient for developments from the Coalition of the Willing.

This really reveals their worldview - somehow, they would rather place their trust in some career Euro beaurocrat than this administration, the Brits, and the other members of the CoW. This speaks volumes for them, and it isn't flattering.
33 posted on 06/07/2003 1:56:58 PM PDT by HitmanLV (Who is number 6? You are number 1.)
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To: 11th Earl of Mar
"A president cannot stretch, twist or distort facts and get away with it." (John Dean)

Coming in the wake of eight years of clinton maladministration, this sentence is a real howler!

34 posted on 06/07/2003 1:58:08 PM PDT by Gritty
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To: 11th Earl of Mar
Has John Dean forgotten the events of 9/11/01? GWB has all the authority he needs for the recent, and next, few wars against the islamofacists. GWB has done well in our fight against terrorism during his first term, and he did not seek this fight. I am confident GWB will be re-elected so as to continue the good fight.
35 posted on 06/07/2003 1:58:35 PM PDT by Imperialist
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To: prisoner6
"As much as I hate to say it the dems are going to keep working this.
I was watching this at FARK this morning and the usually fairly conservative crowd there was waffling."
---

I agree. And that is why it is critical that the Repulicans refute them at every turn, showing that the Democrats themselves were convinced based on the same intelligence, that Saddam had WMD. And the Republicans must not allow the Dems to have hearings to turn this into a witch hunt. If we don't nip this in the bud, the chorus is going to get louder and louder and may ultimately damage Bush, which is the intent of the Democrats, of course.

Just as the Democrats and liberal papers literally drowned out out phenomenal success in Iraq, by putting the museum looting story on front pages for weeks, when it ultimately turned out to be total fabrication, they play it on page 9, in the meantime, what people remember, is the looting story, not the toppling of Saddam's statue.

The "lying about WMD" accusations are much more serious, and unless the Republicans agressively refute them and counterattack, it will seep into public consciousness.
36 posted on 06/07/2003 2:00:16 PM PDT by FairOpinion
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To: FairOpinion
>The "lying about WMD" accusations are much more serious, and unless the Republicans agressively refute them and counterattack, it will seep into public consciousness.

Although, the flip side
of all this is, if we find
really bad weapons,

then the war critics
will be totally undone.
Let's hope we find them.

37 posted on 06/07/2003 2:04:54 PM PDT by theFIRMbss
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To: 11th Earl of Mar
I see, now I get it. We should IMPEACH GW because he didn't USE faulty, sparadic and unrelated intelligence that somehow should have devined some sort of revalation to take preemptive action to STOP the WTC attack and once we do that we can IMPEACH GW for taking credible, specific and coordinated intelligence from MANY SOURCES including those from defectors and foriegn intelligence agencies, and using that to preemptively attack Iraq. Now it all makes perfect sense, I was confused BEFORE! Now I am ok!
38 posted on 06/07/2003 2:05:21 PM PDT by PISANO
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To: theFIRMbss
Yes, but we will still need to counter the accusations in the meantime.

Just as the museum looting was front page news for weeks, and I bet just about everyone saw that, the fact that it was false, and it turned out the artifacts were not looted, but saved was not front page news and most people only remember the looting stories, not the truth.

Even with WMD, there are already plenty of stuff that was found, which are being dismissed by the Democrats, while playing front page the accusations that we haven't found any.
39 posted on 06/07/2003 2:09:00 PM PDT by FairOpinion
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To: 11th Earl of Mar
Everyone knows where the WMD's are...
SYRIA

But the President's strange obsession with rewarding Palestinian terrorists is not only keeping U.S. forces out of Syria, but letting them off the hook for meaningless words and gestures, and we are actually considering PAYING them $500 million to "dismantle" Hizbollah in Lebanon (yeah right, they'll do that). If we were true to the war on terror, the next stop would be the dimantle the Assad regime in Syria.

40 posted on 06/07/2003 2:09:32 PM PDT by montag813
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