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October 28, 2005

Once again the cover up
Posted by Morton H. Halperin

As I write, official Washington remains focused on who, if anyone, will be indicted by special prosecutor Patrick Fitzgerald.  The only thing that is clear is that he knows how to keep a secret, although the New York Times is reporting this morning that I. Lewis Libby Jr. will be indicted for misleading the Grand Jury and that Karl Rove will remain under investigation.  I will have more to say this morning once Fitzgerald announces the results of his investigation.

We appear to have escaped the worst outcome of an indictment under the espionage statutes for disclosing classified information to the press.  As I wrote last week, this would have been a serious threat to the public debate about national security, a threat still posed by the ongoing AIPAC case (an issue I will return to later as well).  (You may have heard Steve Aftergood of the Secrecy News and me on this issue on NPR's Morning Edition this morning.)

Libby and Rove have certainly by now learned the lesson of Watergate -- once there is a criminal investigation begins, tell the truth and the full truth.  "Forgetting" what no reasonable person would forget can lead to indictment as easily as deliberately saying something that is not true.  One hopes that at least some Republicans will remember what they said about perjury before a Grand Jury during the Clinton years when they react to this story.

For the rest of us the larger issues relate to how the nation goes to war and how much truth and how much debate we should have before the President can send Americans into harm's way.  Allowing the president to make the decision to go to war without Congress declaring war leads inevitably to deception.    

I believe that the President and most, if not all, of his advisers believed that Iraq had weapons of mass destruction.  However, it is equally clear that for most of them this was not the primary reason to go to war. For many in the administration this was a classic case of a group of people with a solution -- topple Sadam -- looking for a problem.  They found it with 9/11 and used the President's feeling that he needed to do more than invade Afghanistan to persuade him to invade Iraq. For others, including the President, it was the need to show resolve in the face of the terrorist attacks.

There were clearly others in the administration who were not sure the time for war had come --including Secretary Powell, who had his usual doubts about ever using force -- and who had concerns about some of the evidence.  While the intelligence community came to the conclusion that Iraq still had chemical and biological weapons, many had doubts about some of the sources and few believed that Iraq had an active nuclear program.

The fault was in not laying out all of these uncertainties and differences so that the American people and the Congress could fully debate the issues. 

The most important lesson to learn therefore is that we need to restore the role that the framers intended Congress to have before the nation goes to war.  They understood how momentous a decision this is and therefore required that the Congress "declare" war before the nation goes into battle unless there is an urgent need to respond to an attack.  (For a post-Iraq bi-partisan re-assertion of this "conservative" view, see a report of the task force of the Constitution Project.  Full disclosure -- I was on the task force and serve on the Board of the Project.)

The key is to insist that only the Congress can take us to war.  Once this was accepted by all, the responsibility would clearly be on the Congress and it would insist on full disclosure of information, including disagreements within the Executive branch, and would conduct full hearings that would include outside critics of the proposed war.  At least after the Gulf of Tonkin fiasco it is hard to imagine Congress doing less if its support for the war is understood to be essential and not just a side show.  The administration of the day would have to focus on making its case to the public and the Congress and not on deciding what to keep secret and what to say in public to get the support it thinks it needs.

Taking the nation to war without a full debate not only violates the Constitution, but it also leads to the deception of the public which in the end undercuts support for the war.  This was one key lesson of Vietnam, as it will be of Iraq.  And when the deception somehow becomes the subject of a criminal investigation, it leads inevitably to deception and criminal conduct and the destruction of people who set out to do what they believe is right for the nation.

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Comments

I have a problem with this logic. It depends too much on reality. But suppose in an alternative universe the neocons had been mostly right?

Suppose that they were right to apply military force for nonproliferation. With US forces in kuwait and turkey we could have crushed iraq like a nutcracker. Suppose that iraq was seriously considering WMDs. And in this alternate universe, iraq, iran and north korea were the only serious offenders for nonproliferation -- israel was completely responsible etc.

Then a sudden attack would break iraq, and whle we were creating a liberal democracy there we'd have a staging area to attack iran. And in the meantime our agents could cross the long border and connect up with the pro-democracy forces in iran. We could support them and maybe get a change in government without needing a direct invasion. That would leave only the hard case. Supposing that china supported us in negotiation with NK maybe NK would fold. And if not maybe china would invade NK for us, or would help us invade NK. With forces north and south we'd have another nutcracker. And if china didn't invade maybe they wouldn't object to us invading and getting close to the chinese border. It might be possible to achieve the whole thing, though it might require three invasions.

Now, suppose that Saddam's WMDs weren't quite ready. But after the sanctions were ended they would be ready pretty fast. Would the US public go along with a pre-emptive invasion based on what Saddam might do a few years down the line? We could argue about it for a year or three. (In reality we delayed a long time looking for UN approval etc.) All the time we spent arguing would be time Saddam could develop his WMDs to make our invasion costly. If the iraqi military hadn't been a basket case it would have been extremely dangerous for us to wait a year to invade, while they prepared for us. As it turned out it was no problem, they were like a hamster in a cage and we could lay out the dissection kit before their eyes and they couldn't do a thing.

When we spend a year or three arguing whether to invade some other nation, it kind of poisons the atmosphere. Say we ventually decide not to invade, by a close vote. How will our relations be with that country then? If it's a fairly weak country, once they think we seriously want to invade them we're probably better off to go ahead and do it and get a new government. We won't get anything good out of the current government for a very long time.

While it's true we've had a series of stupid excuses for wars (They're threatening our med students. Their president sells drugs. Etc.), it could be almost as likely that the government really does know best and shouldn't tell us the truth.

Given the reality to balance the possibilities that didn't actually happen, I'm not willing to trust the government to decide secretly what's best. We lose too much when we lose that gamble. But calling for a national debate is equivalent to calling for war only when it's so obvious there will be no debate.

It means giving up pre-emptive war. Because if we debate whether to start a pre-emptive war in a situation where there truly is a threat to our security, we can expect our enemies to pre-empt *us*.

I wouldn't mind giving up pre-emptive war too. But it's better to say what we're doing.

I'm going to cause a small stroke and agree with J Thomas here.

However, only in part, and only for different reasons.

Namely:

1. What you propose will inevitably mean that, during this discussion period, someone who would never be eligible for a security clearance (and in some cases, would never be granted one if they were) is going to want to see the (presumably classified) intelligence backing up that decision.

OK...Say you do let them see it.

Well, remember, this is DC. Leaks happen with amazing frequency.

What leads you to believe that significant details of said intelligence would not find their way back to the target, perhaps through the media?

And what do you think said target figures out that we've (more than likely) got spies in their midst?

Aren't we currently indicting people because of such concerns, pretty much?

2. Once you even breathe the possibility of a potential war with a country, let alone get to the point of having a serious debate on the topic, it's rather like "partial mobilization" (or, actually, mobilization of any sort) immediately prior to WWI. You can't stop that ball; As soon as you do that, you basically have to go to war.

3. In expecting an administration, any administration, to air its disagreements in public, you seem...naive. I mean, c'mon, even little kids know that you don't win anything if you show off your disagreements in public. It tends to undermine your authority.

4. Most of those in the House or Senate, to be frank, would be waaaaaaaay over their head trying to digest the factors, data, etc. involved in such decisions. It's not like they're elected with anybody expecting them to have any clue about foreign affairs or defense issues.

5. These hearings...We're supposed to expect the discussion of classified information in (presumably, given the appearance of out-of-government opponents) open hearings?

Uh, see point 1.

There's a reason why such things are typically only given actual discussion in closed hearings.

(On a similar note, there's a reason why, prior to 1929, all treaties were debated by the Senate in closed session. I could see a reason for that custom to be resumed, given recent treaty hell. We could do with honest debate on such matters.)

The real problem is that no matter how long it takes Fitzgerald to close his investigation or when Libby's trial is over at the end of the day we are still going to be in Iraq. So where is the plan to deal w/ Iraq and redefine how to execute the war of terror? The jihadists aren't going away.


I still want to know at the end of the day what is the plan to one, deal w/ Iraq and two, what are the plans to pursue the war on Terror. The Jihadists are not going to just go away.

Robert W, there's no point in making a plan for iraq while Bush/Cheney are in office to veto it.

In the short run, anybody who says "I have a plan to win some goals in iraq using military force" will be heard as "I support Bush's plan to stay the course.".

If you have a plan, send it to somebody in the military who might forward it to the military guys in iraq who might do it secretly. If they can't do it without announcing it publicly, it won't get done.

Alternatively, if it sounds good on the surface, it might get announced as the new plan and still not get done.

Here's a plan for WoT: reduce our critical vulnerabilities. This includes: partially subsidise our dangerous chemical plants etc in bad places to relocate. Don't pay the whole thing, just enough to reduce the pain if they relocate or shut down. Incease security for ports etc.

This is a long-term project, but it's necessary. Even if the jihadists did all go away, they've shown our vulnerability to the world. Anybody in the world who wants to hurt us this way can do it. If we're going to have enemies we can't afford to be this exposed. And we will have enemies -- any time we critically support group A against group B, group B might want to hurt us or group A might want to hurt us and blame it on group B. We might get hit if we take sides anywhere. So infiltrating jihadist groups is not nearly enough. We would need to infiltrate every foreign group that might choose to hurt us, plus every crackpot group in idaho etc. And every intelligence failure might be the one that lets a WMD attack through.

So we need to harden our defenses. And we need to set up some dummy sites that look weak. We'd have lots of media and blog reports about it. "We're spending all this money to improve security, but look at this facility at Naugahyde! It's an attack waiting to happen! I personally walked in there and nobody even asked me what I was doing, if I'd been a terrorist millions of people would have died!" Make a continuing fuss about it and then if some terrorist group pays attention and tries for it we mousetrap them.

There's no sure defense but carrying the war to one particular enemy is beyond stupid when we're sulnerable to everybody.

You are all missing the big picture here. What has every president tried to do while they were in office for the past 20-30 years? They have tried and failed to bring Peace to those Palis and Israelis.

This war was an end to a means. Would Israel ever give up the West Bank and Gaza with an armed Iraq, Iran and Syria? They would have to be nuts.

These Neocons are facilitating the process here. Knock out Iraq, Israel gives back the Gaza Strip, knock out Iran and Syria and you might see a handover of the West Bank and perhaps the Golan Heights.

This is the only reason why I see Tony Blair involved in this middle east fiasco, because he has nothing to gain otherwise by siding with us.

I believe the initial plan was to disarm the axis of evil and then Israel would not have to relinguish anything, plans of course have changed with facts on the ground and some arm twisting by what is left of our soveriegn nation that Israel has hijacked.

Everything is connected in form or another.

You have parroted the Bush talking point concerning the support of the intelligence community:

"While the intelligence community came to the conclusion that Iraq still had chemical and biological weapons, many had doubts about some of the sources and few believed that Iraq had an active nuclear program."

The CIA repeatedly questioned the assertation that Iraq had WMD's. It was the 'White House Iraq Group' set up by Cheney and the "Defence Intelligence Agency" set up by Rumsfeld, both staffed by neo-cons that were consistently wrong in their claims that Iraq had WMD's. To lump these group in with the CIA as "The Intelligence Community" does a disservice to intelligence and supports the administration's contention that the "intelligence Community got it wrong.

Johan, a minor point, we've had something called "Defense Intelligence Agency" since 1961. I was surprised to see you say Rumsfeld set it up. Did Rumsfeld set up a different one, or was Rumsfeld involved in setting it up in 1961?

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界面。在该界面上选择“实用工具→硬盘数据恢复和数据恢复”,即可恢复备份的数据了。

重庆数据恢复成都数据恢复
上海数据恢复深圳数据恢复
北京数据恢复西安数据恢复
硬盘数据恢复
硬盘数据恢复重庆数据恢复
成都数据恢复 上海数据恢复
深圳数据恢复 北京数据恢复
西安数据恢复

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thanks for your article!
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thanks for your article!
Shoring scaffolding for construction is a very useful tool.
Books printed by China printing is very good quality and good prices.
Plastic products made by injection molding services with low costs and supeior quality.

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Rather useful article. Myself & my neighbor were preparing to do some research about that. We got a high quality book on that matter from our local library and most books were not as descriptive as your information. I am really glad to see such information which I was searching for a long time.

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