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Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts
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Monday, May 05, 2003
JB
Were We Lied To?
Neil MacKay of the Sunday Herald reports:
According to administration sources, Saddam shut down and destroyed large parts of his WMD programmes before the invasion of Iraq.
Ironically, the claims came as US President George Bush yesterday repeatedly justified the war as necessary to remove Iraq's chemical and biological arms which posed a direct threat to America.
Bush claimed: 'Saddam Hussein had weapons of mass destruction. We will find them.'
The comments from within the administration will add further weight to attacks on the Blair government by Labour backbenchers that there is no 'smoking gun' and that the war against Iraq -- which centred on claims that Saddam was a risk to Britain, America and the Middle East because of unconventional weapons -- was unjustified. Pauline Jelinek of the Associated Press tells the story a little differently:
More than six weeks into the Iraq campaign, there has been a string of false alarms but no discovery of what the Bush administration said was its main justification for going to war chemical, biological and nuclear weapons programs.
"I'm absolutely sure that there are weapons of mass destruction there, and the evidence will be forthcoming,' Secretary of State Colin Powell said Sunday.
But after scores of fruitless searches, other administration officials privately have stopped promising that. Some now say that instead of finding weapons stockpiles, they might find nothing more than documents and other evidence that the program once existed and was either destroyed or abandoned.
"Politically, this could be a big problem,' said Paul Keer of the Arms Control Association, a Washington disarmament group. "If it turns out they ... exaggerated, people will say we attacked without justification some are starting to say that now.'
Before the war, administration officials did not just say Iraq had weapons of mass destruction, they also said they knew where some of them were.
In an unsuccessful bid for U.N. approval for the war, Powell showed the Security Council satellite photos and intelligence he said indicated weapons were being moved, and he named sites where he said chemical weapons were held.
"The intelligence community still stands behind that information. I do,' he said Sunday.
U.S.-led teams of military and civilian experts have reported finding nothing conclusive, however, after visiting most of some 100 sites that prewar American intelligence agencies said were the most probable hiding places. Hundreds more sites remain.
Expected intelligence from senior captured Iraqis who might have been most knowledgeable about the government's secrets is not materializing. One by one, they are insisting under interrogation that the government had no chemical, biological or nuclear weapons programs in recent years, U.S. officials say.
Pentagon officials said just days before the war that they had intelligence that chemical weapons had been distributed to some Iraqi military units. None has been found.
Arguing for patience, Loren Thompson of the Washington- based Lexington Institute noted that U.N. inspections struggled with Iraq for a dozen years and could not find all they were looking for.
"I don't think the expectation was that this stuff would be sticking out like a sore thumb,' he said. "I think eventually they'll find the weapons, but the important point is that the government that would have thought to use them against us is gone.'
Some critics maintain that is not the point at all. They say the question always has been not whether Saddam had weapons, but whether those weapons were a big enough threat to the United States to justify war.
"If the Iraqis did not use them ... to defend an invasion of their own country, when were they ever going to use them, and how were they a threat to the United States?' asked Cato Institute's Pena. "That's the question that has to be asked and is being glossed over.' I must confess I did not much trust the Bush Administration's stated reasons for going to war, which were ever changing. Many Americans will simply take comfort in knowing that we won a swift military victory and elminated a despicable tyrant. Nevertheless, I can't help but think that if the Administration is proved wrong about its central justification for going to war, that does not inspire much confidence in their foreign policy. Either they lied to us, or their intelligence isn't very good. Neither alternative is acceptable. I for one don't particularly like being lied to about why my government is using deadly force. And I don't like my government going off to war if its intelligence is as incompetent as it would have to have been to avoid the conclusion that we were being lied to. At some point, I fear, either the Administration's dishonesty or its intelligence failures will catch up with it. That can't be a good thing.
"Intelligence gathered by this and other governments leaves no doubt that the Iraqi regime continues to possess and conceal some of the most lethal weapons ever devised," the president said in a televised address to the nation from the White House.
"This regime has already used weapons of mass destruction against Iraq's neighbors and against Iraq's people. The regime has a history of reckless aggression in the Middle East. It has a deep hatred of America and our friends. And it has aided, trained and harbored terrorists, including operatives of al-Qaida.
"The danger is clear. Using chemical, biological or - one day - nuclear weapons obtained with the help of Iraq, the terrorists could fulfill their stated ambitions and kill thousands or hundreds of thousands of innocent people, in our country or any other." Fireman continues:
This state of affairs has led some foreign affairs analysts to conclude that the Bush administration had something else in mind when it planned, organized and launched the war: a high-profile demonstration of American military might and the political resolve to use it that would reverberate through the Middle East and beyond, causing governments as near as Syria and Iran and as far away as North Korea to recalibrate their actions.
"I think the president and other senior officials were captivated by the neoconservative vision of a world transformed by American military power," says Joseph Cirincione, an arms control expert at the Carnegie Endowment for International Peace. "It promised a quick, dramatic improvement in U.S. national security, and control of a critical global resource, that the United States could do completely on its own without bothersome multilateral bodies."
The question, in the minds of Cirincione and other like-minded experts, is whether an administration determined to remove Hussein from power grossly inflated his military capabilities in order to sell its policy to the public.
"It was the only way to get the American people to go to war against Iraq," Cirincione said. "You couldn't get the American people to go to war to free the Iraqi people and overthrow an evil regime, because there are lots of evil regimes in the world. So they cited two reasons: that Hussein possessed weapons of mass destruction and Hussein had operational ties to al-Qaida.
"Neither appears to be true. I think this story is still developing. I think we're on the edge of realizing that this was either a massive intelligence failure - or a deliberate campaign to mislead the American people." Say it isn't so, George, say it isn't so.
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