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Tuesday, May 09, 2006

The Case for Firing Rumsfeld (Or "Heckuva Job, Rummy!")

By: UnrepentantNewDealer


For those of you keeping track at home, this post is not part of my ongoing Iraq series (which I am about half-way through). Of course, it does involve Iraq, too, but the recent spate of news cycles involving America's favorite war criminal begs comment.

"He's a ruthless little bastard. You can be sure of that."
--Richard Nixon on former aide Donald Rumsfeld.

The wars are going badly. Retired generals are coming out of the woodwork (I lost count at seven) to call for DefSec Donald Rumsfeld's resignation, joined by senators in both parties and by the majority of the American people. Marine Corp. Gen. Anthony Zinni fumed that, "Ten years worth of planning were thrown away; troop levels dismissed out of hand. … These were not tactical mistakes. These were strategic mistakes, mistakes of policy made back here." Everywhere he goes, Rumsfeld is hounded by protesters. It all came to a head last week when Rumsfeld was confronted at a Q&A by a former CIA anaylist named Ray McGovern, who asked Rumsfeld point-blank: "Why did you lie to get us into a war that was not necessary and that has caused these kinds of casualties? Why?" Here is what followed:

DONALD RUMSFELD: Well, first of all, I haven’t lied. I did not lie then.... I'm not in the intelligence business. They gave the world their honest opinion. It appears that there were not weapons of mass destruction there.
RAY McGOVERN: You said you knew where they were.
DONALD RUMSFELD: I did not. I said I knew where suspect sites were, and we were --
RAY McGOVERN: You said you knew where they were, “near Tikrit, near Baghdad, and northeast, south and west of there.” Those were your words....

McGovern was, of course, right. On March 30, 2003, in an appearance on ABC, Rumsfeld was questoned about the fact that no WMD had yet been found. He responded: "The area in the south and the west and the north that coalition forces control is substantial. It happens not to be the area where weapons of mass destruction were dispersed. We know where they are. They're in the area around Tikrit and Baghdad and east, west, south and north somewhat."

Perhaps nothing better illustrates the sheer mendacity of this administration, and particularly of Rumsfeld: When confronted with a statement he famously made, a statement on the Defense Department's own website , he denied ever making the statement. "If you can't dazzle them with brilliance, baffle them with bullshit;" it seems to be Rumsfeld's motto. Sadly, for 5 years, Rumsfeld (and the administration as a whole) has been able to pull the wool over the eyes of our vigilant lapdogs in the press. The rise and.... um.... well, if this were a fairy tale, there would be a fall, but since it's not.... the rise and rise of Donald Rumsfeld is emblematic of the entire administration. Out of the whole rotten bunch, Rumsfeld's failures are simply the most galling.

Rummy's War on the Military

I kinda hate to admit it now, but originally, I kinda liked Rumsfeld. When Bush appointed him to head the Pentagon, he seemed to me to be the right man for the job. Desipite the absence of a major power threat in the aftermath of the collapse of the Soviet Union, the military budget in the 1990s continued to increase, surpassing its former peak under Reagan. For FY 2001, the last budget under Clinton, the Pentagon asked for $305 billion--Congress ultimately approved a defense budget with $5 billion more than the Pentagon asked for. As of this year, the U.S. defense budget is expected to equal that of the rest of the world combined. Seems a bit of an overkill, huh?

It was a pleasant surprise to find out that Rummy agreed with me. (I'll call him that from now on as it's easier to type than "Rumsfeld.") He came in pledging to reform the military, to slim it down and create a smarter, sleeker, more agile military. Rummy ran into a lot of resistance both within the military and on Capitol Hill when he tried to close unneeded military bases and cancel worthless programs focused on threats from a bygone era (such as the $11 billion program for the Crusader artillery system, designed to target advanced Soviet tanks.)

Where Rummy and I parted company, even before 9/11, was in defining the nature of the threats to America in this new century. Rummy, along with the other founding members of the Project for a New American Century, saw the greatest threat to America as being posed by so-called "rouge states"--nations like North Korea, Iran, and Iraq--that were suspected of pursuing WMD they could then put in a warhead on top of an ICBM and launch at America. Thus, as the threat America faced was missile-based weapons fired by "rouge states," a "missile defense shield" was crucial.

Before 9/11, many critics of the "missile defense system" pointed out that no missile defense system could stop our enemies from deploying their weapons from inside our country's borders, which would have the advantage of being cheaper for them, as well as more suited to the non-state sponsored terrorist groups that truly posed the greatest threat to America.

In a speech he delivered on September 10, 2001, Rummy identified the "adversary that poses a threat, a serious threat, to the security of the United States of America.... It's the Pentagon bureaucracy."

Believing that the professional military officers and staff were pathologically risk-averse, Rummy declared that he was completely in charge, and that only he was capable of taking the action required to reform our military. From this messianic belief came the corrollary that he would have to micromanage every detail of Pentagon operations, including overriding the best-laid plans of senior generals.

Rummy was enamored of American might. He believed that we could win decisively against our enemies with only a small force of soldiers and an intimidating "shock and awe" bombing campaign, which he debuted in the Afghan war. A handful of special forces troops working with Taliban-sympathizing warlords were strangely unable to capture or kill Osama bin Laden or any of al-Qaida's leadership at Tora Bora or at Shah-i-Kot. So few troops were sent in that even after almost 5 years the warlords that ruined Afghanistan are still in control and the elected government's writ is tenous, even in the capital. Iraq is merely Afghanistan on a larger and bloodier scale, with tribal and religious leaders taking the place of the warlords.

Since the 1990s, Rumsfeld had urged a preemptive strike against Iraq. He began his campaign to pressure the president into launching such a strike within hours of the 9/11 attacks. According to Bob Woodward's Plan of Attack, Rummy complained that Afghanistan had too few targets, and that Iraq would put America's military prowess to better use. Overriding the advise of his generals and military experts, Rummy decided Iraq could be invaded with less than 100,000 troops and that troop levels could be drawn down to 30,000 by the summer of 2003.

After General Eric Shinseki, the Army's chief of staff, told Congress in February 2003 that the number of troops that would be needed for the occupation of Iraq, after the invasion, would be "something on the order of several hundred thousand soldiers," Rummy fired back, calling that "far off the mark."

Speaking for his boss, Paul Wolfowitz told Congress that Shinseki was wrong: Wolfie downplayed fears of ethnic or sectarian strife, said the Iraqis would welcome U.S. occupation and predicted that "even countries like France will have a strong interest in assisting Iraq in reconstruction." The kicker was his claim that he found it "hard to believe" it would take more troops to occupy Iraq than to defeat Saddam's army. Wolfie also shot down estimates that the war and reconstruction could cost $95 billion as ridiculously high and even pointed out that, given Iraq's oil wealth, "To assume we're going to pay for it all is just wrong." I don't know whether to laugh or to cry.

Rummy's decision to ignore the professional opinions of the military's best and brightest tacticians and Middle East specialists and invade with far too few troops to properly occupy Iraq is the great strategic blunder that set virtually all the later misfortunes of the Iraq war rolling (that and his decision to disband the Iraqi Army [armed bitter unemployed men of fighting age: what's the worst that could happen?] and criminalize the civil servants who could get Iraq back on its feet quickest simply because they were Baath party members [to get good jobs under Saddam, you had to be].)

Immediately upon "liberating" Baghdad, American troops were unable to stop the widespread looting, much of it organized by Saddam loyalists. Many historical artifacts were lost forever; thousands of tons of weapons-grade ammo was left unguarded, thus giving the insurgents a practically inexhaustible supply of ammo they employ to this day. But somehow, the Oil Ministry was secured; though, lot of good that did us when the insurgents started using their new-found ammo to blow up oil pipelines, keeping Iraq's oil production still below pre-war levels more than three years after the invasion. All of this was predictable, all of this was avoidable. Had we had Shinseki's "several hundred thousand" troops in Iraq during the critical months of April to early August 2003, the insurgency could have been contained and probably stomped out.

Ultimately, the buck stops with Bush, but Bush wasn't the one hunched over maps orchestrating the entire war and second-guessing the experts, lecturing a cowed General Tommy Franks on tactics. Rumsfeld was -- and, for snatching stalemate from the mouth of victory by gambling that he knew better than the experts and proving the experts right in the first place, he deserves to be sacked.

Yet that does not truly do justice to Rummy's incompetence. When trying to get allies onboard to help reconstruct, the last thing you want to do is insult them ("Old Europe"). When a soldier confronts you about being sent into combat with sub-standard equipment and faulty armor, it doesn't help to blithly reply, "You go to war with army you have, not the army you want." Also, when Iraq's national treasures are looted while American troops guard the oil ministry, it's a bad PR move to respond that, "Freedom's untidy," and "Stuff happens."

And of course, who can forget Rummy's most memorable accomplishment, Abu Ghraib, which single-handedly made it impossible for the U.S. to win the war of hearts and minds in the Muslim world for a generation? Muckraker extrodinaire Seymour Hersh, who broke the abuse/torture story, also tied the abuses directly to policy decisions made by Rumsfeld, particularly his order to interrogators to "get tough" on detainees. The insistence by Bush and Rumsfeld that all detainees in their "War on Terror" were not "prisoners of war" but "enemy combatants," and therefore, the Geneva Conventions did not apply to them, led directly to Abu Ghraib. When you put MPs, rather than trained interrogators, in charge of detainees and tell them to "get tough" on these detainees, while reminding them that these detainees do not have to be treated to Geneva Convention standards -- when in short, you remove the limits that previously governed interrogation and do not impose crystal-clear new limits -- it should not be surprising when soldiers "cross the line."

Today, Rumsfeld's power is greater than ever. With the resignation of CIA chief Porter Goss and his deputy, Kyle Foggo, in the ever-widening "Duke Cunningham/bribery/influence-peddling/Watergate II/Hookergate Mother of All Scandals," Rumsfeld is closer than ever to achieving his dream: complete control over America's intelligence agencies. Contrary to popular belief, the CIA comprises only 15% of America's intel budget; more than 80% goes to agencies reporting to the DefSec. Having long clashed with the past two CIA directors to gain control of the CIA, Rumsfeld looks set to get his wish, as Bush's new CIA chief nominee is General Michael Hayden, former NSA director and Rumsfeld protege. But even Republicans seem opposed to the idea of a military man gaining control of the civilian spy agency, and Hayden's implementation of the illegal wiretapping program and his possible ties to the aforementioned Hookergate scandal make his confirmation far from a sure thing.

The most troubling aspect of this latest development is that Bush feels no qualms with rewarding Rummy's colossal failures by granting him even more power. If Bush realized that Rumsfeld's actions have left America less secure, if he recognized that pursuing the same failed policies again and again expecting a different outcome is truly insanity, if he realized that the only way to get out of a hole is to stop digging, he would fire Rumsfeld now. Actually, he would have fired him a long time ago. The fact that he hasn't raises the disturbing possibility that Bush might not even recognize that a change in course is necessary; that Bush truly believes that, as Cheney put it last May, "The insurgency is its last throes"; that as Bush put it three years ago this month, "The battle for Iraq is over." It is a frightening possibility.

Thursday, April 27, 2006

Iraq: Three Years Later: Pt. 3: The Morality of War

By: UnrepentantNewDealer


When, if ever, is war justified?

This is a question as eternal as Cicero, St. Augustine, and St. Thomas Aquinas, and as timely today as ever. There are actually three modes of just war philosophy: jus ad bellum (justification/motive for the war beforehand, also known as "Just Cause"), jus in bello (what is morally right and justified conduct during time of war), and jus post bellum (which involves a just peace and the meting out of justice to war criminals). I will confine myself here to discussing jus ad bellum.

There is no doubt that early Christianity was a pacifist religion. Not only does Jesus condemn using violence, he strongly criticizes Peter when he tries to use violence on Jesus' behalf -- "Put your sword back into its place; for all who take the sword will perish by the sword," (Matthew 26:52) -- seeming to indicate some sort of divine punishment, in the next life if not this one. If violence against another human being is not justified to save the life of Our Lord and Savior, then it is surely never justified.

We also have the writings of Paul: "Bless those who persecute you; bless and do not curse them.... Do not repay anyone evil for evil.... Never avenge yourselves, but leave room for the wrath of God; for it is written, 'Vengeance is mine, I will repay, says the Lord.'.... Do not be overcome by evil but overcome evil with good." (Romans 12: 14, 17, 19, 21).

The root of my opposition to murder of any kind, be it individual or state sanctioned, capital punishment or war, is grounded on this notion: that as God is the only one who can give life, He is the only one who can take life. For anyone else to take a life is an usurpation of God's divine prerogitive, an attempt to stand on equal footing with God. Everyone from statesmen and rulers to subjects are subject to the same divine authority, so prohibitions against murder are also prohibitions against competitive organized state-sanctioned mass murder, which we quaintly call "war." Thus any Christian discussion of the morality of war must be based on the morality of murder. As the one is immoral, so must be the other.

Paul's words on submitting to state authority also seem to reinforce the inherent pacifist nature of early Christianity. This is not to preclude principled non-violent resistance to the state: Jesus' saying, "If anyone forces you to go one mile, go also the second mile," (Matthew 5:41) refers to the common practice of Roman soldiers forcing Jews to carry their packs for them. Roman law prohibited a soldier from forcing a civilian to carry their load for more than mile (or whatever the Roman equivalent was). "Going the extra mile" was thus a devious attempt at "killing with kindness." As Paul pointed out, Jesus said, "'If your enemies are hungry, feed them; if they are thirsty, give them something to drink; for by doing this you will heap burning coals on their heads.'" (Romans 12:20)

This all changed when the Emperor Constantine converted and Christianity went from being a persecuted faith to the official religion of the empire. Somehow, Christian pacifism had to be reconciled with the need for a state to go to war.

St. Augustine was the first to explictly develop the "just war" concept in a Christian context. St. Thomas Aquinas, drawing on Augustine's work, declared that a war is just if it meets three conditions: the warring party must be recognized as a sovereign with authority to wage war on behalf of his people, there must be "just cause", and the belligerents "must have a rightful intention, so that they intend the advancement of good, or the avoidance of evil.... For it may happen that the war is declared by the legitimate authority, and for a just cause, and yet be rendered unlawful through a wicked intention."

My problem with Aquinas' definition of a "just war" is how he, quoting Augustine, describes "just cause": "A just war is wont to be described as one that avenges wrongs, when a nation or state has to be punished, for refusing to make amends for the wrongs inflicted by its subjects, or to restore what it has seized unjustly."

Can you see the loophole in this Maginot line of logic big enough to send a Panzer division through? Virtually every nation that has ever gone to war has done so under the pretext of righting some past wrong, whether it be over Alsace-Lorraine or even at its most ridiculous, Slobadan Milosevich's rallying of his fellow Serbs from 1989-1999 to attack Muslim Kosovar ethnic Albanian civilians to avenge an ancient Serbian kingdom's defeat by Muslim forces in 1389! Any definition of "just war" that seeks to actually promote peace cannot be so vague.

I have for well over 8 years now had my own personal definition of "just war", though I didn't know the historical roots of the question. After reading Albert Einstein's The World As I See It in sixth grade, I agreed with Einstein that, just as murder is always evil, war is always evil. However, after consideration, I differed from him in that I thought that there were occasions in which war is less evil than every other alternative. As Jimmy Carter put it in his Nobel Peace Prize acceptance speech, "War may sometimes be a necessary evil. But no matter how necessary, it is always evil, never a good."

Keeping in mind that wars are always evil and never just but sometimes necessary, under what circumstances are wars necessary? Under what circumstances can a Christian support war? I believe that there are only three types of war that are necessary:

1) Wars of self-defense: Although it is contrary to Christian precepts, most of us would agree that a person has the right to murder in self-defense. A Christian argument could be made that a state has a duty to protect its citizens, and thus a duty to defend it against foreign aggression. A good example of this is America's involvement in World War II following the Japanese attack on Pearl Harbor.

2) Wars to help weaker nations defend themselves: Not all nations are able to defend themselves against all agressors. Just as a Christian has a duty to to intervene to stop thugs from beating up a weaker party, so a state also has the duty to come to the aid of a nation that cannot defend itself against an aggressor attacking it. Britian's entry into World War I to help defend Belgium against Germany is probably the textbook example of Tenet 2.

3) Wars to stop a genocide: This is probably the most controversial tenet of my own Just War Theory. Tenets 1 and 2 both deal with violations of another nation-state's sovereignty. But if a Christian has an obligation to defend the weaker party in a contest between sovereign nations, does he not also have an obligation to defend the weaker party inside a country during time of persecution, when the contest is between a sovereign nation and at least some of her citizens? I would say yes, that arbitrary state borders should not impede justice.

This argument could also be expanded to include any mistreatment of citizens by their government, but this would lead to endless war. As long as there are despots on Earth, which will probably be as long as the urge to wield absolute power over others is part of the nature of this peculiar human animal, there will always be some abridgement of human rights. Is it worth going to war against every nation that infringes on human rights? Some of these nations have nuclear weapons, so going to to war against them would almost certainly have negative costs (nuclear winter, Armegeddon, dead numbering in the millions-to-billions range, etc.) that would far outweigh the positives sought (free speech, freedom of religion, etc.). Even for those abuser-nations without nukes, for the sake of world peace, the sword must be sheathed in favor of diplomacy. Even Churchill thought that, "Jaw-jaw [talking] is always preferable to war-war."

But there are some human rights abuses so egregious that any means taken to end them is not merely necessary but a moral duty. Such is the case with the most egrious abuse of all, the worst crime imaginable: genocide. Failing to swiftly and harshly punish the perpetrators of genocide only encourages other would-be-genocidal madmen to think they can get away with it. Under the cover of World War I, the Ottoman Empire organized the mass murder of over 1 million Armenian men, women, and children. Nothing was done; 20 years later, when Hitler was asked by his cronies why he thought he would be able to get away with his "Final Solution," his response was chilling: "Who, after all, speaks today of the annihilation of the Armenians?"

Would the Holocaust have still happened if the world had done something to stop the Armenian genocide? Would it have lasted as long as it did? For those still skeptical of my third tenet, consider that stopping the Holocaust is not permissible under the first two. If not for Hitler's monumental folly in declaring war on America after Pearl Harbor, America would not have been at war with Germany at all. Thus we would not have been able to intervene on the Continent until after Germany eventually did declare war against America after subduing Russia and Britain, by which point it would have been too late for the Jews of Europe.

Tenet 3 seems to me the most noble reason to go to war. It is also rare in human history for a nation to go to war solely to stop a genocide. In fact, it has occurred exactly once: when NATO forces bombed Serbia in 1999 to stop Milosevic's genocide against the ethnic Albanians of Kosovo province. Despite the fact that I consider war immoral, I have never been more proud to be an American than on the day the first bombs fell on Serbia.

Now, for the obvious question: Does the Iraq war meet the standards I have set to be called a "just war"? Going down the checklist, it fails to meet the first qualification, self-defense: In 2003, Iraq did not attack America, nor has it ever done so. Number 2, defending others: Iraq had not attacked any of its neighbors. The 1991 Gulf War was justified to help defend Kuwait from Iraqi aggression; from 1991-2003 there was no similar act of Iraqi aggression against its neighbors.

On the third count of genocide, there was no genocide going on inside Iraq in 2003 (perhaps one could say Saddam’s draining of the swamps of the Marsh Arabs counted, but that might be a bit of a stretch.). However, Saddam did conduct a genocide in the late 1980s against the Kurds. Intervention then would have been appropriate, but Iraq was then engaged in a war against Iran (a violation of Tenet 1), and the Reagan-Bush I administration viewed the matter through a simplistic “enemy-of-my-enemy-is-my-friend” approach. Not only did our government not stop the genocide, it defended the Iraqi regime, blaming the attacks on the Iranians, long after the international media had established the truth. Throughout the “Anfal campaign” of gas attacks against Kurdish villagers, the spigot of American monetary and weapons support stayed open, with the U.S. even passing satellite data and other sensitive materials to the Iraqis to use against Iranian forces.

So, the current Iraq War fails to meet the standards required of a just war. Ergo, the war is unjust, and it is the duty of all Christians to oppose it. Or is it? There is one type of war I have not yet addressed: preemptive war. Can a preemptive war be a just war? My conclusions on that, plus the Bush team’s sorry record on nonproliferation, the jus ad bellum of this war, will follow in my next post.

In peace,

Michael J. Smith

Friday, April 07, 2006

Iraq: Three Years Later: Pt. Deux: The First Casuality of War

By: UnrepentantNewDealer


I had originally hoped that I would post pt. 2 soon after pt. 1, but due to computer problems and tons of schoolwork in the interim, that was not to be. Since my last post, an interesting debate has been taking place on the metaphysics of abortion. I have little doubt that this debate will continue and have no wish to preempt it, only to provide a change of scenery and continue my planned series of posts on Iraq.

In the last post, I detailed the lies of the Bush administration in the leadup to the Iraq war. Due to length, I decided to end it there rather than detail precisely why these claims were lies--which is, naturally enough, the subject of this post.

Where to start? Those who don't remember Pt. 1 can catch up here. In fact, it might be a good idea to look back at the claims outlined in my last post to refresh your memory. The most startling thing about all of these claims by senior administration officials is how often they use the words "no doubt." They do not portray the intelligence as we now know it was--flawed, ambiguous, with some sources of dubious credibility affirming the administration's assertions and some sources of better credibility affirming the contrary. No, far from it, the Bush White House told Americans, in Dick Cheney's words, "Simply stated, there is no doubt that Saddam Hussein now has weapons of mass destruction."

A plausible explanation for the statements of officials before the invasion that there was "no doubt" Iraq had WMD and the complete lack of WMD discovered in Iraq after the invasion is that the administration merely overstated its case. "Overstated" would be a bit of a stretch, though. "Fabricated" would seem to be more accurate.

Remember that the Bush administration's rationale for invading Iraq was not to spread democracy; in a post-9/11 world, the president knew that Americans would not support another war (in addition to the one in Afghanistan) unless he could connect it to a threat to national security. His case, which convinced most Americans, myself included, was that we knew Saddam had WMD in violation of UN resolutions, we knew that he had ties to terrorists (including a long-standing collaboration with al-Qaida), and hence, the all-too-real danger was that Saddam could give these WMD to terrorist groups to use against America and her allies. This is how we were sold the idea of preemptive war against Iraq.

The Terrorist Connection

First, the administration needed to establish links between Al-Qaida and Saddam. Right-wing partisans have tried to claim that the administration never claimed that the two were in cahoots. Yet, Bush sent a letter to Congress on the outbreak of war three years ago, to immunize himself against claims that he needed a specific authorization from Congress to invade Iraq. Quite the contrary, his letter claimed, the invasion of Iraq was already authorized by the "Authorization to Use Military Force" Congress passed after 9/11; specifically, the section giving him permission to use military force against those "nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001." There really isn't any wiggle room here. Bush asserted in this letter that the regime of Saddam Hussein fit the definition of “nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.” Ergo, military action was justified without another congressional resolution.

Of course, not a shred of evidence has ever proven such a link between Al-Qaida and Saddam. The VP trotted out an alleged meeting, based on a Czech intelligence report, between the leader of the 9/11 hijackers, Mohammed Atta, and a top Iraqi intelligence officer in Prague in April of 2001. This was discredited long before the invasion of Iraq. The CIA warned that the report was not credible and the FBI had already established through financial records (later confirmed by the 9/11 Commission) that Atta was indisputably in Florida on the date in question, not in Prague. In October 2002, CIA director George Tenet told Congress that the CIA could not verify the Prague story.

Most damning of all, "on October 21, 2002, The New York Times reported that Czech President Vaclav Havel 'quietly told the White House he has concluded that there is no evidence to confirm earlier reports' of the meeting." The Czech government had passed onto the U.S. a piece of intel, then, after concluding it was fake, warned the U.S. government at the highest levels that it was not true. Someone truly concerned about Iraq's links to terrorists would have quietly laid this one to rest at this point. Yet, despite such warnings, the VP and others in the administration kept repeating this assertion up to the outbreak of war, and in Cheney's case, long after.


Beware 0f Curveballs


This was typical of the way intelligence was misused by the White House in the leadup to war. Remember this gem from Powell's speech to the UN?: "One of the most worrisome things that emerges from the thick intelligence file we have on Iraq's biological weapons is the existence of mobile production facilities used to make biological agents.... The trucks and train cars are easily moved and are designed to evade detection by inspectors. In a matter of months, they can produce a quantity of biological poison equal to the entire amount that Iraq claimed to have produced in the years prior to the Gulf War."

Turns out this was based on a single source, a former Iraqi Army major codenamed "Curveball," who was passed onto the Defense Intelligence Agency by the Iraqi exile group led by Ahmad Chalabi, the Iraqi exile convicted of bank fraud in Jordan in 1982 and considered unreliable and too close to Iran (a nation that would stand to gain quite a lot by Saddam's overthrow) by the CIA and State Department, but beloved by the neocons at the Pentagon and the White House, who made "infomation" provided by Chalabi's group the core of the case for war. (Surprise, suprise, after the invasion, it turned out Chalabi's tips were unreliable and he passed U.S. intelligence secrets to Iran. Why, oh, why, didn't someone speak out?) This "Curveball" turned out to be none other than the brother of one of Chalabi's closest associates.

"So the Defense Intelligence Agency put out a 'fabrication notice' in May 2002 for intelligence agencies advising them to consider any information from that source as suspect. But intelligence analysts ignored the notice and the information from the Iraqi major on the existence of biological weapons labs was included in the October 2002 National Intelligence Estimate, a key pre-war report that assessed Iraq's banned weapons capabilities."

"On the same day of Powell's presentation, senior Iraqi officials at al-Kindi Research, Testing, Development, and Engineering facility in Mosul, Iraq, commented to the UK's Observer newspaper on pictures Powell alleged to be of Iraqi mobile laboratories saying 'those vans are used to produce hydrogen chemically for artillery weather balloons.'"

As with Atta's Prague connection, the administration was warned beforehand that these claims were bunk:

"According to an investigation by the Senate Intelligence Committee, the main source for this information was an Iraqi defector codenamed Curveball who was a source for the German central intelligence agency BND. Several German intelligence officials responsible for Curveball have now told the LA Times that the Bush administration and the CIA have repeatedly exaggerated his claims and ignored warnings of the BND that the source was unreliable. Recounting his reaction after seeing Powell's United Nations speech one German intelligence officer said: 'We were shocked. Mein Gott! We had always told them it was not proven…. It was not hard intelligence.'

"Powell was never warned that his United Nations speech contained material that both the DIA and CIA had determined was false, even though several people present at Powell's CIA meetings were fully aware of this.... Questioning the validity of Curveball's information in front of his CIA supervisor, the doctor was advised to 'Keep in mind that this war is going to happen regardless of what Curveball said or didn't say and the Powers That Be probably aren't terribly interested in whether Curveball knows what he's talking about.'

"Shortly after Powell's UN speech and several days before the invasion, United Nations weapons inspectors attempted to directly verify several key claims made by Curveball, but concluded that they were unsustainable. The White House insisted on its WMD claims based on Curveball's information.

"Even after the invasion, when more and more of Curveball's accounts were shown to be pure fabrication, the CIA and the Bush administration relied on Curveball's information. When U.S. forces discovered trucks with lab equipment and Curveball claimed that these were identical to the ones he has been reporting about, the CIA rushed to publish a White Paper claiming that these trucks were part of Saddam Hussein's secret biological weapons program and Bush claimed publicly that, 'We found the weapons of mass destruction.' Several days later, twelve of the thirteen WMD experts who analyzed the trucks agreed that the equipment was not suited for biological weapons production."

But wait, there's more!

"By this time [summer 2001], too, U.S. intelligence had been informed that Curveball was a possible alcoholic and 'out of control.'.... A second Iraqi exile source had echoed Curveball's talk of such trailers. He was judged a fabricator by the CIA in early 2002, but by July his statements were back in classified U.S. reports. As for Curveball, whose veracity was never checked by the DIA, within three months his German handlers would be telling the CIA he was unreliable, a 'waste of time.'"

Anyone who still doubts that we were lied into war should really just read the whole article. What should be apparent by this point is that the intelligence agencies didn't misread the threat posed by Saddam; their warnings merely went unheeded.

"In an unusual move, Cheney shuttled to the CIA through mid-2002 to visit analysts 10 times, according to Patricia Wald, a member of the presidential investigative commission headed by Judge Laurence Silberman and ex-U.S. Sen. Charles Robb. The commission concluded analysts 'worked in an environment that did not encourage skepticism about the conventional wisdom.'

The CIA analysts weren't proving the claims Cheney needed to convince Americans Saddam was a threat. So, he apparently figured that the analysts would magically find the evidence he was looking for if he merely watched over them at their desks. The CIA analysts still didn't seem to be getting the message, so the neocons started up an ad-hoc intelligence outfit at the Pentagon called the Office of Special Plans to provide the intelligence the neocons wanted.

In the fall of 2002, the administration started warning about Iraq's efforts to purchase uranium to build nuclear weapons. In April 2001, "a CIA report told of another 'indicator': Iraq was shopping for thousands of high-strength aluminum tubes, said to be useful as cores of centrifuges to enrich uranium, the stuff of atom bombs.... On April 11, 2001, a day after the classified CIA report was distributed, the Energy Department filed a swift dissent. Energy, home of U.S. centrifuge specialists, said the tubes' dimensions weren't well-suited for centrifuges, and were more likely meant for artillery rockets. The U.N. nuclear agency, the Vienna-based IAEA, told U.S. officials the same.

Anyone want to take a stab at what the tubes turned out to have been used for? If you guessed, "artillery rockets," you're catching on!


Taken In By Bad Forgeries

The other part of the case that Iraq was restarting its nuclear weapons program was that it was trying to buy uranium. James Bamford's A Pretext For War tells the whole sordid story. The short version is that, over the New Year's holiday in 2000/2001 the Nigerian embassy in Rome was ransacked by unknown perpetrators. Strangely, the only items removed from the embassy were documents. In September 2001, an unknown individual gave agents from SISMI, Italy's intel agency, documents allegedly showing that Wissam al-Zahawiah, Iraq's ambassodor to the Vatican, had in 1999 visited Niger to try to purchase "500 tonnes of uranium." The smoking gun was a document that was "dated July 6, 2000, and signed by Niger President Tandia Mamadou.... noted that it was legal under the Niger constitution of 1965.... The uranum was supposedly shipped on August 28 and would have arrived around the time of September 11."

These documents were painfully obvious forgeries, which we now know were fabricated using the documents stolen from the embassy. Let's do a little detective work here: "A letter dated July 30, 1999, actually refers in the past tense to supposed deals agreed to in Niamey a year later, on June 29, 2000. And the October 10 letter had the heading "Conseil Militaire Supreme," an organization that went out of existence in May 1989. The signature was that of Minister of Foreign Affairs Allele Habibou, who held the post from 1988 to 1989 and had been out of office for more than a decade. And finally, while the letter was dated October 10, it was supposedly stamped as recieved in Rome on September 28--thus it was recieved about two weeks before it was ever sent, another form of magic.

"Also, the agreement signed by President Mamadou says the transaction was approved under the May 12, 1965, constitution, but a new constitution was promulgated on August 9, 1999, and the presidential signature bore little resemblance to that of the real Tandja Mamadou. At the same time, the forger used an inaccurate representation of the national emblem.

"And a September 3, 2001, document attempting to show a connection to the attacks appears identical to the document outlining the ambassador's previous 1999 trip--same flight date and time. The only thing that was changed was the date at the top of the page. Also, by September 4, 2001, al-Zahawiah was no longer ambassador, a slight problem."

A slight problem, indeed! Revealing these documents to be forgeries wasn't hard; you could do it in hour or two on Google--which is exactly how long it took IAEA inspectors to debunk them using Google.

Turns out al-Zahawiah was merely trying to get African heads of state to visit Baghdad in defiance of the air embargo, as Libya's Ghadafi already had. These forgeries were analyzed by SISMI and a summary of the information was passed to British intelligence, which then passed on the summary to the CIA, where it was quickly deemed of dubious origin and filed away, never to see the light of day again. The State Department's own intel service also investigated the claims; the head of the unit, Greg Thielman, recalled afterwords that, "A whole lot of things told us that the report was bogus. This wasn't highly contested. There weren't strong advocates on the other side. It was done, shot down."

Unfortunately, the new Office of Special Plans, got wind of the intel and informed Cheney about it. The next morning, Cheney asked his CIA briefer to check out this report. More to humor the VP than anything else, the CIA decided to investigate further by sending former ambassador Joe Wilson to Niger. Ideally suited for the mission, he had served as envoy in Iraq and in several African nations, including Niger. Wilson investigated and found that the alleged transfer of uranium was impossible, for the Nigerian government did not own the uranium mines--Eurpoean companies did. "From the time the ore is extracted from the ground; packed in hermetically sealed, numbered, and dated drums; and transported to Benin, where it is loaded onto ships, it is heavily guarded by gendarmes and the International Atomic Energy Agency."

Wilson concluded that there was too much oversight over the mines for any such illegal sale to have occurred. He reported back to CIA headquarters that the documents were bogus; these conclusions were forwarded to the White House in March 2002. Despite these, and other warnings, the forgeries became central to the President's case for war. Remember those damning "sixteen words" from Bush's 2003 State of the Union address: "The British government has learned that Saddam Hussin recently sought significant quanities of uranium from Africa."

In reality, we now know that, "Evidence shows Iraq in 2001 had little interest in nuclear 'reconstitution.' In one captured document from that May, Iraqi diplomats in Kenya reported to Baghdad that a Ugandan businessman had offered uranium for sale, but they turned him away, saying U.N. sanctions forbade it."


The Case of Hussein Kamel

The prize for most egregious Iraq lie would surely go to Cheney and the other officials who used the words of Hussein Kamel to support their case that Iraq had WMD. Kamel was the son-in-law of Saddam and was the head of Iraq's unconventional waepons programs until his defection to the the West in 1995. He defected with thousands of pages of classified Iraqi documents on their pre-1991 WMD programs were provided to the UN weapons inspectors as well as to the CIA. Being the highest-ranking Iraqi to defect gave added credence to his words.

According to Cheney before the war, Kamel "should serve as a reminder to all that we often learned more as the result of defections than we learned from the inspection regime itself." Kamel was held up by Kenneth Pollard and other neocons as Exhibit A for why inspections were not working and preemptive war was required.

Yet, when reporter John Barry looked at the actual CIA interrogation logs for Kamel for an article for Newsweek in early 2003, he found that Kamel had actually said that, "after the Gulf War, Iraq destroyed all its chemical and biological weapons stocks and the missiles to deliver them.... a military aide who defected with Kamel... backed Kamel's assertions about the destruction of WMD stocks.' In Kamel's words, "All weapons-- biological, chemical, missile, nuclear, were destroyed."

Sadly, Kamel was no longer available to correct the neocons' misrepresentation of what he'd said. Several months after defecting, Kamel foolishly accepted Saddam's offer to return to Iraq and recieve a pardon. Like all who betrayed Saddam, Kamel recieved a bullet to the head. Yes, it ended badly for Kamel, but the fact that he was dead must have been of great comfort to the neocons three years ago. Dead men tell no tales.

Putting the Pieces Together

The former head of the CIA's Counterterrorism division, Vince Cannistraro "said that in the weeks and months leading up to the war in Iraq, the White House had exerted unprecedented pressure on the CIA and other intelligence agencies to come up with evidence linking Iraq to Osama bin Laden and Al-Qaida. Pressure was also placed on analysts, he said, to show that Baghdad was trying to build a nuclear bomb. 'They were looking for those selective pieces of intelligence that would support the policy,' Cannistraro said." (Bamford, p.335-336)

That meshes with what a British diplomat wrote in the now-infamous "Downing Street Memo" from July 2002: that, "Military action was now seen as inevitable. Bush wanted to remove Saddam, through military action, justified by the conjunction of terrorism and WMD. But the intelligence and facts were being fixed around the policy."

It also meshes with the accounts of others in the Bush administration. Then-Treasury Sec. Paul O'Neill claimed in his 2004 book "The Price of Loyalty" that the first cabinet meeting of his presidency in January 2001, was consumed by allegations of the threat posed by Iraq and the need for military action against Saddam. It meshes with White House Counterterrorism Czar Richard Clarke's assertion that on September 12, 2001, "The president, in a very intimidating way, left us, me and my staff, with the clear indication that he wanted us to come back with the word that there was an Iraqi hand behind 9/11 because they had been planning to do something about Iraq from before the time they came into office." It meshes with former Supreme Allied Commander-Europe Wesley Clark's claim that on the evening of 9/11, "I was on CNN, and I got a call at my home saying, 'You got to say this is connected. This is state-sponsored terrorism. This has to be connected to Saddam Hussein.' I said, 'But--I'm willing to say it, but what's your evidence?' And I never got any evidence."

It meshes with the note Rumsfeld's secretary took at 2:40 p.m. on 9/11, quoting Rumsfeld saying that "he wanted 'best info fast. Judge whether good enough hit S.H.' – meaning Saddam Hussein – 'at same time. Not only UBL' – the initials used to identify Osama bin Laden. 'Go massive,' the notes quote him as saying. 'Sweep it all up. Things related and not.' The preponderance of evidence meshes to form a compelling theory: that, for whatever reason, the Bush administration was determined to go to war against Iraq long before 9/11 and that they deliberately distorted and cherry-picked intelligence to present a convincing case for war.
The Lie

But, there will be those who will still say, where is the lie? Perhaps the president was ignorant of the disputes between agencies on whether Iraq had WMD? Au contraire! Take a look at This
:
"Among other things, the report stated that the Energy Department and the State Department's Bureau of Intelligence and Research believed that the tubes were 'intended for conventional weapons,' a view disagreeing with that of other intelligence agencies, including the CIA, which believed that the tubes were intended for a nuclear bomb.

"The disclosure that Bush was informed of the DOE and State dissents is the first evidence that the president himself knew of the sharp debate within the government over the aluminum tubes during the time that he, Cheney, and other members of the Cabinet were citing the tubes as clear evidence of an Iraqi nuclear program. Neither the president nor the vice president told the public about the disagreement among the agencies....

"The report stated that U.S. intelligence agencies unanimously agreed that it was unlikely that Saddam would try to attack the United States -- except if 'ongoing military operations risked the imminent demise of his regime' or if he intended to 'extract revenge' for such an assault, according to records and sources.
"

On the eve of war, Bush told Americans, "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." He also repeatedly claimed Saddam Hussein's regime posed a threat to America. In reality, we now know that the President was informed that there was doubt among America's intel agencies about whether Iraq had WMD, and that the intel agencies unanimously agreed that Saddam would not try to attack America. I do not fault him for choosing to believe that Saddam had WMD. I do fault him for saying that there was no doubt that Saddam had WMD, when in fact, that was very much in doubt, and the president knew it was in doubt before he made the above statement. I do fault him for claiming that Saddam posed an imminent threat to America when no intel agency made that claim.That's not overstating your case. That's lying to the American people--and to the world. Ladies and gentlemen of the jury, I rest my case.

Actually, not quite. The reason it's important that Bush lied before the war is that it calls into question both his credibility and competence in the three years since. If Bush had prosecuted the Iraq war competently and truthfully, the fact that he lied us into the war in the first place would merely be crying over spilt milk. Instead, the same incompetence and dishonesty that characterized the leadup to the war has also dominated the three years since.

To Be Continued....

Friday, March 24, 2006

Iraq: Three Years Later: Pt. 1: "Absolutely No Doubt"

By: UnrepentantNewDealer


Sigh. This is an anniversary I never looked forward to celebrating. Had you told anyone three years ago that in 2006 more than 130,000 American troops would still be in Iraq and would be fighting an uphill battle against insurgents and sectarianism, they would have looked at you like you were crazy. In this post and the next several in this "mini-series," I will attempt to answer the questions: How did we get here? What went wrong? Are we winning or losing? Is it even possible for us to attain anything we'd recognize as "victory" in Iraq? What should we do now? And how has my own thinking about the Iraq war evolved over the past three years?

I'll start with the last question first. I have always disliked and distrusted George W. Bush. Yet, along with most Americans, I rallied around him after 9/11 when our nation went to war in Afghanistan and I supported our initial invasion of Iraq in the spring of 2003, despite my dislike and distrust towards Bush and against my better judgement in the case of Iraq. The administration claimed that Saddam Hussain had weapons of mass destruction--specifically stockpiles of chemical and biological weapons and a nuclear weapons program that was but weeks, if not days away from having a nuclear weapon when we attacked on March 19 (March 20 in Iraq). Vice President Cheney said on March 16, 2003 that "We believe he [Saddam] has in fact reconstituted nuclear weapons." That was why we couldn't wait for the inspectors to finish the job in Iraq: Saddam already had the bomb! I can't think of another possible meaning for "reconstituted nuclear weapons."

But Bush apologists (some of them readers and contributors to this blog) have countered that the administration never said it was certain that Saddam posed an immediate threat to us, just that he might someday down the road. Others before have long since debunked that stale canard, but just to set the record straight:

On August 26, 2002, in a speech at the VFW National Convention, Dick Cheney said, "Simply stated, there is no doubt that Saddam Hussein now has weapons of mass destruction. There is no doubt he is amassing them to use against our friends, against our allies, and against us." [italics mine] What part of "no doubt" do you not understand? What part of "now" do you not understand? What about "against us?" There is no wiggle room in Cheney's words. When the Vice President of the United States says that there is no doubt that a dictatorial ruler has WMD and is planning to use them against us, Americans, especially after 9/11, are inclined to believe that there really is no doubt.

When the White House press secretary says that, "We know for a fact that there are weapons there," and that, "there is no question that we have evidence and information that Iraq has weapons of mass destruction, biological and chemical particularly," Americans draw the natural conclusion.

When the general in charge of the Iraq war, Tommy Franks, says that, "There is no doubt that the regime of Saddam Hussein possesses weapons of mass destruction," most Americans wouldn't think to second-guess such a statement about which there is "no doubt."

When the Secretary of Defense states that "We know where they [the WMD] are," Americans might logically assume that he does, in fact, know where they are.

When the Secretary of State tells the UN that "Every statement I make today is backed up by sources, solid sources. These are not assertions. What we're giving you are facts and conclusions based on solid intelligence," people around the world believe him because of his almost mythic persona.

Powell went on to report that [all of the following is from Powell's February 2003 presentation to the UN. I have taken snippets out of it to give a picture of the whole. A thorough reading of the entirety of his remarks will show that I have taken no liberties with the substance of his remarks.] :

"We know from sources that a missile brigade outside Baghdad was disbursing rocket launchers and warheads containing biological warfare agents to various locations, distributing them to various locations in western Iraq....The truck you also see is.... a decontamination vehicle in case something goes wrong.... One of the most worrisome things that emerges from the thick intelligence file we have on Iraq's biological weapons is the existence of mobile production facilities used to make biological agents.... The trucks and train cars are easily moved and are designed to evade detection by inspectors. In a matter of months, they can produce a quantity of biological poison equal to the entire amount that Iraq claimed to have produced in the years prior to the Gulf War....

"Iraq declared 8,500 liters of anthrax, but UNSCOM estimates that Saddam Hussein could have produced 25,000 liters.... Saddam Hussein has not verifiably accounted for even one teaspoon-full of this deadly material.... It took years for Iraq to finally admit that it had produced four tons of the deadly nerve agent, VX....Our conservative estimate is that Iraq today has a stockpile of between 100 and 500 tons of chemical weapons agent.... Saddam Hussein has chemical weapons.... And we have sources who tell us that he recently has authorized his field commanders to use them...."

When the President of the United States says on the eve of war in an address to the nation that, "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," Americans, especially after 9/11, are inclined to beleive that there really is no doubt. When he goes on to state that, "Today, no nation can possibly claim that Iraq has disarmed," Americans, especially after 9/11, are inclined to believe that no one can possibly claim that Iraq has actually disarmed. When he further states that, "Should Saddam Hussein choose confrontation, the American people can know that every measure has been taken to avoid war, and every measure will be taken to win it," Americans, especially after 9/11, are inclined to believe that the administration really has done everything possible to avoid war and will prosecute the war in a competent manner. When he states that, "The security of the world requires disarming Saddam Hussein now," Americans.... well, you get the picture.

Bush apologists also point out that he never said that Saddam was involved in the 9/11 plot. This is true, but irrelevant. Here is what he said in just one of his many speeches leading up to the war:

"It [Saddam's regime] possesses and produces chemical and biological weapons. It is seeking nuclear weapons. It has given shelter and support to terrorism.... On September the 11th, 2001, America felt its vulnerability--even to threats that gather on the other side of the earth.... 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. And, of course, sophisticated delivery systems aren't required for a chemical or biological attack; all that might be required are a small container and one terrorist or Iraqi intelligence operative to deliver it. And that is the source of our urgent concern about Saddam Hussein's links to international terrorist groups....

"We know that Iraq and al Qaeda have had high-level contacts that go back a decade.... We've learned that Iraq has trained al Qaeda members in bomb-making and poisons and deadly gases.... Iraq could decide on any given day to provide a biological or chemical weapon to a terrorist group or individual terrorists. Alliance with terrorists could allow the Iraqi regime to attack America without leaving any fingerprints.... If the Iraqi regime is able to produce, buy, or steal an amount of highly enriched uranium a little larger than a single softball, it could have a nuclear weapon in less than a year.... He would be in a position to threaten America. And Saddam Hussein would be in a position to pass nuclear technology to terrorists....

"We've experienced the horror of September the 11th. We have seen that those who hate America are willing to crash airplanes into buildings full of innocent people. Our enemies would be no less willing, in fact, they would be eager, to use biological or chemical, or a nuclear weapon. Knowing these realities, America must not ignore the threat gathering against us. Facing clear evidence of peril, we cannot wait for the final proof--the smoking gun--that could come in the form of a mushroom cloud."

One more time. When the president of the United States repeatedly invokes 9/11 when talking about Saddam Hussain, WMD, threats to America, and a "mushroom cloud," Americans, ESPECIALLY AFTER 9/11, are inclined to beleive that our commander-in-chief knows what he is talking about.

These were the claims that convinced most Americans, myself included, to support our initial invasion of Iraq. If it were true that there was "no doubt" in the intelligence agencies about any of the above statements before the war, the "we were all decieved by the bad intel" excuse would be persuasive. Unfortunately, all of the administration's claims outlined above--all of their claims about Iraq, in fact--were disputed, inside and outside the U.S. government, at the time they were made; many of them were debunked before the war, which didn't stop the Bush administration from continuing to repeat them as "solid fact" about which there was "no doubt." All of the claims about Iraq's WMDs and ties to terrorists turned out to be either gross distortions, lies through omission or outright lies. As this post has gotten rather lengthy, I'll save the debunking of these lies for the next post in a day or so. Stay tuned.

Saturday, February 25, 2006

Crime and Reform, or Crime and Punishment?

By: Unknown


According to the BBC, Mississippi plans on posting the names and pictures of convicted sex offenders on billboards. Obviously, this worries me (or it wouldn't be here).

I want to be clear from the start: sex offenders are dangerous. The recidivism rate for released sex offenders is alarmingly high, and it is a humiliating, dehumanizing, and degrading crime. It is extremely important that we prevent these heinous acts whenever possible.

These billboards cannot do that. In fact, they're contrary to this goal.

If we want sex offenders to stop offending, we have to allow them to reform. If we continue to identify them as sex offenders in a public setting, they have no choice but to be sex offenders. Indeed, it's a very good way to make these men more criminal: who would hire an employee that everyone would recognize as a rapist? Without a steady job, there is only crime or panhandling.

The goal, I'm sure, is to allow women and parents to recognize potential rapists and child-abusers off-hand. This is, frankly, ridiculous: if a woman or child has time to avoid this potential rapist, she has time to check the public sex offender registry. In the one reasonable case where a registry search could not prevent a rape, the woman would necessarily be swiftly and immediately assaulted. Recognition would prevent the crime no more than recognizing a bullet stops it from killing you.

Yet, this represents a deeper issue with the criminal justice system: it is treated as a punishment system. The justice system must be focused on reform. Not only is a focus on punishment barbaric, it is a waste of money. This is why the prison system has become such a revolving-door system: serve the time, learn nothing, get out, commit a crime. Lather, rinse, repeat.

I sympathize with the victims and their families. I understand that they want revenge. Justice, however, cannot lie on the whims of the victim. For this reason, I advocate a "second chance" policy for every crime. A first murder, to use the most extreme example, should not be repaid with execution: it should be treated with 20 years (or more, or less) in the slammer. A second murder should be punishable by execution or life in prison (I'd say “automatic execution,” but I'm not positive that's wise. It may be merely a remnant of what I'm decrying in this post), at the decision of the court, because the murderer has made no effort to change, and is too unlikely to do so to risk the safety of others any longer by letting him free after a number of years.

Obviously, I must consider incidence: if multiple people are killed in one act (for instance, a stray bullet or a in moment of rage), the sentence should be augmented appropriately (one could theoretically have “life in prison” as a de facto sentence, but it would really be a highly augmented number of years, rather than simply “until you die”), but not to the level of execution, because the crime may have been committed in a moment of weakness or caused my a therapy-treatable mental calamity. If, however, as in the case of serial killers, multiple acts occur with time to reconsider and stop between them, it is inexcusable, because it cannot represent a mere moment of weakness but a calculating, relentless and evil killer. Execution, I think, is a strong option (upon the decision of the court, of course, not as a mandatory minimum sentence).

It's time to stop punishing people for the sake of revenge. We can't justify prison times as "making an example out of someone." The only answer to crime is therapy, retraining, and time spent isolated from society to protect society and allow reform. The system cannot work with only one out of three.

~By my hand,
~Michael Akerman

Saturday, February 18, 2006

My Last Post--Now Updated and More Concise!

By: UnrepentantNewDealer


Think of this as the Campbell's condensed tomato soup of the blogosphere: goes down easier and no pesky noodles to chew. To perhaps encourage more comments, as well as to post a few things I forgot to add to my last post and a few things I've thought of since, I return to the NSA wiretapping scandal.

I won't rehash why this program is both illegal and unconstitutional. Scroll down and read my last post to understand my views on that. Thus, since last post I demonstrated that Bush had broken the law, this post we move into the punishment and sentencing phase.

First, further evidence that the Republican Party is being run (and ruined) by spineless cowards on Capitol Hill. Not that long ago, it looked like we might actually get some Congressional oversight out of this GOP-run machine for once. Arlen Specter and Sam Brownback protested that the program appeared to be in violation of the law. Even retired Rep. Bob Barr, Grand Inquistor and Leader of the Lynch Mob/Impeachment Trial of William Jefferson Clinton in the House of Representatives, joined Al Gore in calling for an investigation during a recent appearance at the Conservative Political Action Conference:

"'Are we losing our lodestar, which is the Bill of Rights?' Barr beseeched the several hundred conservatives at the Omni Shoreham in Woodley Park. 'Are we in danger of putting allegiance to party ahead of allegiance to principle?'

Barr answered in the affirmative. 'Do we truly remain a society that believes that . . . every president must abide by the law of this country?' he posed. 'I, as a conservative, say yes. I hope you as conservatives say yes.'

But nobody said anything in the deathly quiet audience. Barr merited only polite applause when he finished, and one man, Richard Sorcinelli, booed him loudly. 'I can't believe I'm in a conservative hall listening to him say [Bush] is off course trying to defend the United States,' Sorcinelli fumed."


Barr's debating partner at this event, Viet Dinh, an author of the PATRIOT Act, "urged the CPAC faithful to carve out a Bush exception to their ideological principle of limited government. 'The conservative movement has a healthy skepticism of governmental power, but at times, unfortunately, that healthy skepticism needs to yield.... None of us can make a conclusive assessment as to the wisdom of that program and its legality,' Dinh acknowledged, 'without knowing the full operational details. I do trust the president when he asserts that he has reviewed it carefully and therefore is convinced that there is full legal authority.'

Dihn's words perfectly encapsulate the biggest problem with the Republican Party today: they have completely abdicated their Constitutional duty to act as a check and balance on the executive branch through oversight simply because the president is a member of their own party. There are still principled Republicans and conservatives who oppose this unconstitutional and un-conservative program, or so I had thought. Yet, now Barr stands virtually alone :

"The congressional inquiry into the NSA had seemed likely two months ago after The New York Times first reported the existence of the eavesdropping program Dec. 16. But Senate Intelligence Committee Chairman Pat Roberts, R-Kan., said the committee decided not to vote on whether to open an investigation after the White House agreed to give lawmakers more information on the program and agreed to changes to the current law.... In December, two Intelligence Committee Republicans — Olympia Snowe of Maine and Chuck Hagel of Nebraska — joined Democrats in calling for a congressional investigation of the NSA program. Thursday, they voted to forestall hearings in favor of developing White House-backed legislation establishing clearer rules for the controversial program."

Roberts is now saying his committee will work with the White House to develop a bill which will, both retroactively and for the future, legalize the president's lawbreaking. It makes you wonder whether if the man Cheney shot had died, the White House would claim that the VP had the right to do that under the Constitution, or perhaps the Authorization to Use Military Force Congress passed after 9/11. The president broke the law; therefore, rather than punish him for it, let's change the law to legalize what he did!

Most sickening is that, with the exception of Barr, not one of the Republicans who voted to impeach Clinton wants to hold Bush to the same standard. Remember, "No man is above the law"? They left off the corrollary, "Unless he is a member of the Republican party."

Logically, impeachment would be the only effective remedy in this case. Now, I did not support impeaching Clinton because his crime, perjury, hardly seems to fit the Constitutional definitiaon of impeachable crimes: "treason, bribery and other high crimes and misdemeanors." Is perjury equivalent to treason or bribery? Especially when the purjury was about a matter of personal morality, not law. Nor have I supported impeaching Bush before now, like some liberals have. Lying America into a war is morally reprehensible, but there's no law against it.

However, for the first time, we have evidence that the president himself, as opposed to his cronies and underlings, has broken a law. Not only does the president not deny it, he's proud of it. It will not be necessary to work up the chain of command building a case against Bush, as it was with Nixon; like a deranged lunatic with no concern for good legal strategy, the president not only possesses the smoking gun, he's running around waving it in the air! It's an open and shut case. Even George Tenet would have to admit it's a "slam dunk."

Also, logically, this GOP-run Congress cannot be counted on to provide meaningful oversight over the executive branch. Failing to uphold their oath, they should immediately disband Congress until after November's midterm elections, when hopefully Americans will elect congressmen who put their Constitutional responsibility above party loyalty. Failing that, a Democrat-controlled congress would provide oversight if no other reason than partisanship. Either way, these are dark times for our country. I'll let Bob Barr have the last word:

"This debate is very simple: It is a debate about whether or not we will remain a nation subject to and governed by the rule of law or the whim of men."

Wednesday, February 08, 2006

The Times that Try Men's Souls

By: UnrepentantNewDealer


This blog is at a crossroads. While I have agreed to try to make my posts fairly short, I am skeptical. Firstly, this blog is a “blog of the mind,” and short posts tend to be a mile wide but an inch deep, missing the crucial subtleties lurking out beyond the shallows. Secondly, it seems to be a universal rule: those blogs that have the shortest posts are also the ones that post most often, and those with the longest posts are those that post least often, due to the fact that the longer you go without blogging, the more you have to blog about. If we are going to go for short paragraph posts, we need to agree to post much more often, i.e., several times a day, at least. Something tells me that’s not going to fly. So, we’re right back where we started. I’m open to suggestions. In the meantime, I have a slightly lengthy post.

The Times that Try Men’s Souls

"THESE are the times that try men's souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman."
--Thomas Paine, The Crisis, December 23, 1776

The biggest story right now is the NSA wiretapping scandal, with Senate Judiciary Committee hearings on the matter having begun on Monday. Just before the '04 election, (Scroll to the bottom-most post) I blogged on a similar matter, so I'll quote liberally from it now.

The White House has tried to confuse what is a very simple matter. In 1978, in response to Nixon’s wiretapping of political opponents and anti-war protesters, Congress passed the Foreign Intelligence Surveilance Act (FISA). FISA set up a special court of judges to hear government requests for special warrants to wiretap American citizens and legal residents whom the government has “probable cause” to believe are acting on behalf of a foreign power or organization. This system has worked smoothly, indeed, too smoothly: it has approved more than 15,000 requests since 1978 and rejected only a handful, probably due to the fact that judges are reluctant to second-guess our intelligence agencies on matters of national security. The FISA judges can be reached to approve a FISA warrant 24 hours a day. The law allows a FISA judge to approve a warrant request over the phone or via email. There is even a clause that allows the Attorney General to authorize a wiretap without getting a FISA warrant, so long as the government retroactively seeks a warrant within 72 hours. But all this wasn't good enough for Bush.

We have been treated to a series of excuses for the president’s behavior. Bush and his cronies have claimed that this program is a "vital tool" for fighting terrorism and Cheney has claimed that it has saved "thousands of lives." Yet, as David Cole points out, "The only individual he claims to have netted through the program is Iyman Faris, a truck driver who pled guilty to plotting to bring down the Brooklyn Bridge with an acetylene torch, a plot that raises more questions about Faris's sanity than about our security." Moreover, according to the FBI, the NSA used the program to dump a ton of info on the agency for it to sort through, an inefficient system as "virtually all of them, current and former officals say, led to dead ends or innocent Americans." Likewise, there is no evidence that the 9/11 attacks could have prevented if this program had been in use.

When that excuse falls flat, administration hacks whine, like little children, “Other presidents did it, too.” First, they cite Bill Clinton, though he denies that he ever authorized warrantless wiretaps, and I’ve not seen any evidence to the contrary. Then they cite Lincoln and FDR.

Yes,“Abraham Lincoln suspended writ of habeas corpus in the Civil War, and Franklin Roosevelt tried foreign nationals in military tribunals in World War II. But these were understood to be emergency war powers to be used only to ensure America's continued existence when it was seriously imperiled, powers to be used only until the end of the war and then abandoned for the constitutional tools of peace. The Constitution had to be violated in order to save it. But no one can seriously claim Osama bin Laden or any other terrorist poses the kind of imminent danger to Constitutional governance that the Confederacy or the Axis Powers did. This administration claims the right to use these powers for as long as the "War on Terrorism" goes on. Since terrorism has always existed, and since the United States is the dominant force (read: target) in the world, and is likely to be so for decades to come, these war powers could be exercised indefinitely, as long as a president can claim there are terrorists, somewhere in the world, who wish Americans harm. At this point, we will have given dictatorial powers to our president.” I couldn’t have said it better myself!

Next, they trot out the rationale that Congress authorized the president to wiretap without warrants in the resolution passed after 9/11 authorizing Bush to use military force against Al-Qaida and its state-sponsor, Afghanistan without a Congressional declaration of war. The resolution was titled the “Authorization for Use of Military Force" (AUMF). It said nothing about wiretapping, and the notion that an extremely general resolution can supercede a very specific long-standing law is specious in the extreme.

Further damning evidence comes from both sides of the aisle. Former Senate majority leader Tom Daschle claims that Bush tried to get a provision inserted into the AUMF to allow warrantless wiretapping, but Congress refused. Thus, for the administration to claim now that they know that Congress intended AUMF to confer this authority is comical. Senators on both sides of the aisle, including Republicans Sam Brownback and Arlen Specter have both denied that they intended AUMF to confer this power and both doubt the program’s legitimacy.

Moreover, Glenn Greenwald points out that in 2002, Sen. Mark DeWine (R-OH) introduced a bill to modify FISA by lowering the legal threshold for wiretapping from “probable cause” to “reasonable basis.” The bill was defeated due to strong White House pressure against it. The administration’s spokesman James A. Baker, notified Congress, “Because the proposed change raises both significant legal and practical issues, the Administration at this time is not prepared to support it.” So, at the very moment the administration was telling Congress not to loosen restrictions to “reasonable basis” on wiretapping due to legal and practical concerns, it was running a covert program using the same standard of “reasonable basis.”

Finally, their case in shreds, the "Busheviks" play the last card in their deck: the “my program is constitutional and FISA isn’t” card. Their proof: the Constitution calls the president the “Commander-in-chief.” Actually, the exact wording is “The President shall be Commander in Chief of the Army and Navy of the United States.” Originally, this title was a sign of respect for George Washington, meaning nothing more than that the president was supposed to physically lead the military into battle. The last time a president led troops into battle, James Madison went down to humiliating defeat and the British burned down the White House. But, if Bush wants to lead troops in Iraq, by all means, I won't stand in his way.

Courts have consistently ruled for decades that wiretaps fall under the constitutional category of “searches and seizures” protected by the Fourth Amendment, which goes on to state that “No Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” So, if the administration is right, the fact that the Constitution happens to call Bush “Commander-in-Chief” overrides the protections of the Fourth Amendment, again a triumph of the general over the specific. Needless to say, the supporters of this program never cite the Founding Father’s original intent, for not one of the signers of the Constitution is on record as supporting this radical interpretation.

Ok, so we’ve dismembered all of the president’s excuses for breaking the law. So, why did he do it? It's tempting to ascribe this to sinister motives, such as "They bypassed the FISA court because they knew the court wouldn't approve their spying on political opponents." (Remember Richard Nixon’s warrantless wiretapping abuses, which were included in the Articles of Impeachment drawn up against him and which prompted Congress to pass FISA in the first place.)

While this sounds plausible, it ignores the fact that this is a pattern with this administration. From the administration’s insistence on keeping secret the records of Cheney’s energy task force to Bush’s executive order delaying indefinitely the release of declassified documents from the Reagan administration as required by the Presidential Records Act (PRA) of 1978 (which classifies the official records of the president as public domain documents that the public can have access to no later than 12 years after a president leaves office), from the refusal to allow his then-national security advisor Condolezza Rice to testify before the 9/11 Commission to White House stonewalling on the release of many documents and history of non-cooperation with any group attempting oversight of the executive branch from the General Accounting Office to committees of Congress and the Supreme Court, this White House has been the more determined to avoid oversight and constitutional checks and balances than any previous presidency.

And let us not forget the Patriot Act and other “anti-terror” legislation and policies: “The Bush Administration has claimed that the president has the right to designate not just foreign nationals, but American citizens as 'enemy combatants', subject to being secretly arrested, never informed of the charges against them (violating the constitutional guarantee of habeas corpus), not being able to choose legal council, having the government monitor any and all discussions with the government appointed-lawyer to provide incriminating evidence for the prosecution to use against them in court (thus violating attorney-client privilege, as well as all basic standards of fairness), and trying this said non-enlisted American citizen in a secret military tribunal, with the possibility of the death penalty being applied.... The government appoints the prosecutor, defense attorney, and the tribunal judges. The government is accuser, criminal investigator, prosecutor, defense attorney, judge, jury, and yes, even hangman, all rolled into one. No appeal is possible, and all of this can be carried out in complete secrecy, without anyone else--the accused's friends or family--being any the wiser."

Bush has gone out of his way to wriggle out of, or simply defiantly violate, treaties America has signed from the Geneva Accords to the UN Convention against Torture. There was much fanfare when Bush finally gave in and signed Congress’s new anti-torture law, but in his "signing statement," Bush essentially said, “I reserve my Constitutional right to break this law whenever I see fit, so there!” (I will give $5 to any reader who can find that clause in the Constitution!)

And now we have the president clearly violating the FISA law. FISA criminalizes wiretapping outside the FISA framework, Bush has authorized wiretapping outside of FISA; therefore, no matter the justification, Bush has broken the law. (But don’t take my word for it, the non-partisan Congressional Research Service concluded that the program “conflicts with existing law and hinges on weak legal arguments.”) Rather than deny it, Bush shouts it from the rooftops, claiming that it is not illegal at all. This sounds eerily similar to Richard Nixon’s justification, “If the president does it, that means it is not illegal.” Congress—and the American people—did not find that monarchical rationalization convincing in the 1970s. Let us hope they do not now.

The president, having long defied the law in private, has finally come out in the open to proclaim that he has and will continue to violate the laws passed by Congress. Congress now has only one of two options:

1) They can either demand full cooperation from the president with congressional committees and a special prosecutor and warn him that if he persists in breaking the law, he will be impeached; if he remains defiant, impeachment is the only constitutional remedy for getting rid of a power-hungry would-be king. A number of GOP senators have expressed doubts about the program’s legality and Arlen Specter has said, “Impeachment is a remedy. After impeachment, you could have a criminal prosecution.”

Or,

2) The Republicans in Congress can continue their M.O. of the last 5 years as lapdogs of this president who ask only “How high?” every time he says “Jump!” If this GOP-led Congress continues to refuse to fulfill its Constitutional responsibility to be a check and balance on the executive branch, they should immediately disband, anointing Bush as Caesar Augustus, King George III (the third president of that name; coincidence?), or “dictator-for-life,” whatever title is most to His Excellency’s liking.

This is truly "a time to try men’s souls." Past generations have confronted the greatest threats to our Republic, whether they be internal or external, and have never failed to rise to the challenge. Now, it is our turn. This is not a partisan issue, it is the challenge of our time. We will be judged by our children and grandchildren down to the last generation for our actions now, not for whether we are Democrats or Republicans, blue-staters or red-staters, but for whether in our nation’s time of need, we were “winter soldiers” or “sunshine patriots” and fair-weather friends of liberty. Let us once more head a man with an abundance of common sense: “Let it be told to the future world, that in the depth of winter, when nothing but hope and virtue could survive, that the city and the country, alarmed at one common danger, came forth to meet and to repulse it…. The heart that feels not now is dead; the blood of his children will curse his cowardice, who shrinks back at a time when a little might have saved the whole, and made them happy.”

Saturday, January 28, 2006

It's Like CPR... for a Blog

By: Unknown


It's a shame how long it's been since I posted, I know. I'm sorry for that. But I have thought about why (if you haven't gathered already, I tend to think about everything at some point).

I've decided that I don't have time for the multi-part, ten-page-long posts Michael Smith and I have normally posted. I also don't think most people want to read something so long. So, I'm changing styles. I won't hold my co-bloggers to this, but I'll be posting significantly shorter posts, on one subject each. I'll try to avoid big "summary of everything" posts where I cover all the topics weighing on my mind.

I also intend to post at least once a week. Over two years after starting this blog, the traffic is still low, but there is an odd phenomenon. Every time a post crops up, traffic jumps, then slides off over a number of days. I think Google puts more weight on recently-updated blogs.

I do need to point out some blog design elements, before I post today's topic post (actually, I think I'll try splitting them into two posts. That might make them more reader-palatable). I recently added referrals from AdSense: one for Firefox, which everyone should download and use as their primary browser (preferably from my referral link, but it's a good enough browser that I don't really care if you give me some money while getting it). The other is for AdSense itself, which, if you run a website, you could benefit from.

The other, and perhaps more important addition, is a subscription box, above, for an automatic email newsletter. It's powered by Squeet.com and this blog's Atom feed.

I think it'll be a useful addition for the average reader. I love RSS feeds (of which Atom is of a kind), but they're inaccessible. For the uninitiated, RSS is a method of syndication. You can pull updates to websites automatically into a feed reader. If you've heard of podcasts, you've heard of one of the cooler uses of RSS.

The problem is, RSS has a terrible name, from a marketing perspective, and you have to download specific tools or visit specific websites (like Bloglines or Google Reader. This email service should solve that. Simply enter your email address above, and you get updates automatically in your inbox!

I do intend to redesign the blog eventually. First, I need to learn how to use CSS (according to various online scans, this blog's code is awful because I don't use CSS, and it screws up search engines), and make the logo. The design is set in my mind, though. Maybe the redesign will be put off until summer break.

I also plan on getting a domain name eventually. They're not very expensive through GoDaddy.com, but I need to look into hosting options.

~By my hand,
~Michael Akerman