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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 02:48 PM
Original message
Bush lied, violated the IWR and illegally invaded Iraq
Edited on Sat Dec-02-06 02:53 PM by ProSense
Democrats gathered testimony:

STATEMENT OF
GENERAL (RETIRED) WESLEY K. CLARK
U.S. ARMY

BEFORE THE
HOUSE ARMED SERVICES COMMITTEE
UNITED STATES HOUSE OF REPRESENTATIVES

SEPTEMBER 26, 2002

Mr. Chairman, Representative Skelton, Distinguished Members of this Committee, thank you for the opportunity to appear before you today. This is a Committee that has been strongly supportive of the men and women in uniform, and I want to thank you personally for the assistance and support that you gave me, and have given so many others.

In October 1994, Saddam Hussein moved several Republican Guards divisions back into the attack positions just north of the Kuwaiti border, the same attack positions that had been occupied just prior to Iraq's invasion of Kuwait in 1990. It was a foolish and to our minds unexpected and threatening move. We quickly deployed additional military forces to the region, preparing to enter a full-fledged battle against Iraq to defend Kuwait, and we also went to the United Nations. After a few tense days Saddam backed off, the divisions were removed, and we acted through the United Nations to further tighten the no-fly zone and regulate Iraqi troop movements.

But it was a signal warning about Saddam Hussein: he is not only malevolent and violent, but also unpredictable. He retains his chemical and biological warfare capabilities and is actively pursuing nuclear capabilities. Were he to acquire such capabilities, we and our friends in the region would face greatly increased risks. Saddam might use such weapons as a deterrent while launching attacks against Israel or his neighbors, he might threaten American forces in the region, he might strike directly against Israel, or Israel, weighing the possibilities of nuclear blackmail or aggression, might feel compelled to strike Iraq first.

Saddam has been pursuing nuclear weapons for over twenty years. According to all estimates made available he does not now have these weapons. The best public assessment is that if he were to acquire fissionable material he might field some type of weapon within two years. If he has to enrich the uranium ore itself, then a period of perhaps five years might be required. But what makes the situation relatively more dangerous today is that the UN weapons inspectors, who provided some assistance in impeding his development programs, have been absent from Iraq for over four years. And the sanctions regime, designed to restrict his access to weapons materials and the resources needed to procure them, has continuously eroded. At some point, it may become possible for Saddam to acquire the fissionable materials or uranium ore that he needs. And therefore, Iraq is not a problem that can be indefinitely postponed.

In addition, Saddam Hussein's current retention of chemical and biological weapons and their respective delivery systems violates the UN resolutions themselves, which carry the weight of international law.

Our President has emphasized the urgency of eliminating these weapons and weapons programs. I strongly support his efforts to encourage the United Nations to act on this problem. And in taking this to the United Nations, the President's clear determination to act if the United Nations can't provides strong leverage undergirding further diplomatic efforts.

But the problem of Iraq is only an element of the broader security challenges facing our country. We have an unfinished, world-wide war against Al Qaeda, a war that has to be won in conjunction with friends and allies, and that ultimately be won by persuasion as much as by force, when we turn off the Al Qaeda recruiting machine. Some three thousand deaths on September 11th testify to the real danger from Al Qaeda, and as all acknowledge, Al Qaeda has not yet been defeated. Thus far, substantial evidence has not been made available to link Saddam's regime to the Al Qaeda network. And while such linkages may emerge, winning the war against Al Qaeda may well require different actions than ending the weapons programs in Iraq.

The critical issue facing the Unites States now is how to force action against Saddam Hussein and his weapons programs without detracting from our focus on Al Qaeda or efforts to deal with other immediate, mid and long-term security problems. In this regard, I would offer the following considerations:

- The United States diplomacy in the United Nations will be further strengthened if the Congress can adopt a resolution expressing US determination to act if the United Nations will not. The use of force must remain a US option under active consideration. The resolution need not at this point authorize the use of force, but simply agree on the intent to authorize the use of force, if other measures fail. The more focused the resolution on Iraq and the problem of weapons of mass destruction, the greater its utility in the United Nations. The more nearly unanimous the resolution, the greater its impact in the diplomatic efforts underway.


- The President and his national security team must deploy imagination, leverage, and patience in crafting UN engagement. In the near term, time is on our side, and we should endeavor to use the UN if at all possible. This may require a period of time for inspections or even the development of a more intrusive inspection program, if necessary backed by force. This is foremost an effort to gain world-wide legitimacy for US concerns and possible later action, but it may also impede Saddam's weapons programs and further constrain his freedom of action. Yes, there is a risk that inspections would fail to provide the evidence of his weapons programs, but the difficulties of dealing with this outcome are more than offset by opportunity to gain allies and support in the campaign against Saddam.

If efforts to resolve the problem by using the United Nations fail, either initially or ultimately, the US should form the broadest possible coalition, including its NATO allies and the North Atlantic Council if possible, to bring force to bear.

Force should not be used until the personnel and organizations to be involved in post-conflict Iraq are identified and readied to assume their responsibilities. This includes requirements for humanitarian assistance, police and judicial capabilities, emergency medical and reconstruction assistance, and preparations for a transitional governing body and eventual elections, perhaps including a new constitution. Ideally, international and multinational organizations will participate in the readying of such post-conflict operations, including the UN, NATO, and other regional and Islamic organizations.

Force should be used as the last resort; after all diplomatic means have been exhausted, unless information indicates that further delay would present an immediate risk to the assembled forces and organizations. This action should not be categorized as "preemptive."

Once initiated, any military operation should aim for the most rapid accomplishment of its operational aims and prompt turnover to follow-on organizations and agencies.

If we proceed as outlined above, we may be able to minimize the disruption to the ongoing campaign against Al Qaeda, reduce the impact on friendly governments in the region, and even contribute to the resolution of other regional issues such as the Arab-Israeli conflict, Iranian efforts to develop nuclear capabilities, and Saudi funding for terrorism. But there are no guarantees. The war is unpredictable and could be difficult and costly. And what is at risk in the aftermath is an open-ended American ground commitment in Iraq and an even deeper sense of humiliation in the Arab world, which could intensify our problems in the region and elsewhere.

I look forward to answering questions and helping the Committee assess the costs and risks of the alternatives before us.


Democrats voiced their concerns on the Senate floor:

Senator Feingold on October 11, 2002:

Mr. President, I want to be clear about something. None of this is to say that I don't agree with the President on much of what he has said about the fight against terrorism and even what he has said about Iraq. I agree post-9/11, we face, as the President has said, a long and difficult fight against terrorism and we must be very patient and very vigilant and we must be ready to act and make some very serious sacrifices. And with regard to Iraq, I agree that Iraq presents a genuine threat, especially in the form of weapons of mass destruction: chemical, biological and potentially nuclear weapons. I agree that Saddam Hussein is exceptionally dangerous and brutal, if not uniquely so, as the President argues. And I agree, I support the concept of regime change. Saddam Hussein is one of several despots from the international community -- whom the international community should condemn and isolate with the hope of new leadership in those nations. And, yes, I agree, if we do this Iraq invasion, I hope Saddam Hussein will actually be removed from power this time.

And I agree, therefore, Mr. President, we cannot do nothing with regard to Saddam Hussein and Iraq. We must act. We must act with serious purpose and stop the weapons of mass destruction and stop Saddam Hussein. And I agree a return to the inspections regime of the past alone is not a serious, credible policy.

I also believe and agree as important and as preferable as U.N. action and multilateral solutions to this problem are, we cannot give the United Nations the ability to veto our ability to counter this threat to our country. We retain and will always retain the right of self-defense, including, of course, self-defense against weapons of mass destruction. When such a threat requiring self-defense would present itself -- and I am skeptical that that is exactly what we're dealing with here -- then we can, if necessary, act alone, including militarily.

So, Mr. President, these are all areas where I agree with the Administration.

Snip...

In my judgment, the issue that presents the greatest potential threat to U.S. national security, Iraq's pursuit of weapons of mass destruction, has not been addressed in any comprehensive way by the Administration to date. Of course, I know that we don't need to know all the details, and we don't have to be given all the details, and we shouldn't be given all the details. But we've got to be given some kind of a reasonable explanation. Before we vote on this resolution, we need a credible plan for securing <W.M.D>. sites and not allowing materials of concern to slip away during some chaotic course of action. I know that's a tall order, but, Mr. President, it's a necessary demand.

As I said, I agree with the Administration when it asserts that returning to the same restricted weapons inspection regime of the recent past is not a credible policy for addressing the <W.M.D>. problem in Iraq. But, Mr. President, there is nothing credible about the we'll-figure-that-out-later approach that we've heard to date. What if actors competing for power in a post-Hussein world have access to <W.M.D>.? What if there is chaos in the wake of the regime's fall that provides new opportunities for nonstate actors, including terrorist organizations, to bid on the sinister items tucked away in Iraq?

Some would say those who do not unquestionly support the Administration are failing to provide for our national security. But, Mr. President, I'm sure of this. These issues are critical to that security, and I have yet to get any answers.

Mr. President, we need an honest assessment of the commitment required of America. If the right way to address this threat is through internationally-supported military action in Iraq and Saddam Hussein's regime falls, we will need to take action to ensure stability in Iraq. This could be very costly and time consuming, could involve the occupation -- the occupation, Mr. President, of a Middle Eastern country. Now, this is not a small matter. The American occupation of a Middle Eastern country. Consider the regional implications of that scenario, the unrest in moderate states that calls for action against American interests, the difficulty of bringing stability to Iraq so we can extricate ourselves in the midst of regional turmoil. Mr. President, we need much more information about how we propose to proceed so that we can weigh the costs and benefits to our national security.

http://www.antiwar.com/orig/feingold1.html


Senator Kerry on October 9, 2002:

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

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

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

As bad as he is, Saddam Hussein, the dictator, is not the cause of war. Saddam Hussein sitting in Baghdad with an arsenal of weapons of mass destruction is a different matter.

In the wake of September 11, who among us can say, with any certainty, to anybody, that those weapons might not be used against our troops or against allies in the region? Who can say that this master of miscalculation will not develop a weapon of mass destruction even greater--a nuclear weapon--then reinvade Kuwait, push the Kurds out, attack Israel, any number of scenarios to try to further his ambitions to be the pan-Arab leader or simply to confront in the region, and once again miscalculate the response, to believe he is stronger because he has those weapons?

And while the administration has failed to provide any direct link between Iraq and the events of September 11, can we afford to ignore the possibility that Saddam Hussein might accidentally, as well as purposely, allow those weapons to slide off to one group or other in a region where weapons are the currency of trade? How do we leave that to chance?

Snip…

I want to underscore that this administration began this debate with a resolution that granted exceedingly broad authority to the President to use force. I regret that some in the Congress rushed so quickly to support it. I would have opposed it. It gave the President the authority to use force not only to enforce all of the U.N. resolutions as a cause of war, but also to produce regime change in Iraq , and to restore international peace and security in the Persian Gulf region. It made no mention of the President's efforts at the United Nations or the need to build multilateral support for whatever course of action we ultimately would take.

I am pleased that our pressure, and the questions we have asked, and the criticisms that have been raised publicly, the debate in our democracy has pushed this administration to adopt important changes, both in language as well as in the promises that they make.

The revised White House text, which we will vote on, limits the grant of authority to the President to the use of force only with respect to Iraq . It does not empower him to use force throughout the Persian Gulf region. It authorizes the President to use Armed Forces to defend the ``national security'' of the United States--a power most of us believe he already has under the Constitution as Commander in Chief. And it empowers him to enforce all ``relevant'' Security Council resolutions related to Iraq . None of those resolutions or, for that matter, any of the other Security Council resolutions demanding Iraqi compliance with its international obligations, calls for a regime change.

Snip…

I would have preferred that the President agree to the approach drafted by Senators Biden and Lugar because that resolution would authorize the use of force for the explicit purpose of disarming Iraq and countering the threat posed by Iraq's weapons of mass destruction.

The Biden-Lugar resolution also acknowledges the importance of the President's efforts at the United Nations. It would require the President, before exercising the authority granted in the resolution, to send a determination to Congress that the United States tried to seek a new Security Council resolution or that the threat posed by Iraq's WMD is so great he must act absent a new resolution--a power, incidentally, that the President of the United States always has.


I believe this approach would have provided greater clarity to the American people about the reason for going to war and the specific grant of authority. I think it would have been a better way to do this. But it does not change the bottom line of what we are voting for.

The administration, unwisely, in my view, rejected the Biden-Lugar approach. But, perhaps as a nod to the sponsors, it did agree to a determination requirement on the status of its efforts at the United Nations. That is now embodied in the White House text.

Snip…

America wants the U.N. to be an effective organization that helps keep the peace. And that is why we are urging the Security Council to adopt a new resolution setting out tough, immediate requirements.

Because of my concerns, and because of the need to understand, with clarity, what this resolution meant, I traveled to New York a week ago. I met with members of the Security Council and came away with a conviction that they will indeed move to enforce, that they understand the need to enforce, if Saddam Hussein does not fulfill his obligation to disarm.

And I believe they made it clear that if the United States operates through the U.N., and through the Security Council, they--all of them--will also bear responsibility for the aftermath of rebuilding Iraq and for the joint efforts to do what we need to do as a consequence of that enforcement.

I talked to Secretary General Kofi Annan at the end of last week and again felt a reiteration of the seriousness with which the United Nations takes this and that they will respond.

If the President arbitrarily walks away from this course of action--without good cause or reason--the legitimacy of any subsequent action by the United States against Iraq will be challenged by the American people and the international community. And I would vigorously oppose the President doing so.

When I vote to give the President of the United States the authority to use force, if necessary, to disarm Saddam Hussein, it is because I believe that a deadly arsenal of weapons of mass destruction in his hands is a threat, and a grave threat, to our security and that of our allies in the Persian Gulf region. I will vote yes because I believe it is the best way to hold Saddam Hussein accountable. And the administration, I believe, is now committed to a recognition that war must be the last option to address this threat, not the first, and that we must act in concert with allies around the globe to make the world's case against Saddam Hussein.

As the President made clear earlier this week, ``Approving this resolution does not mean that military action is imminent or unavoidable.'' It means ``America speaks with one voice.''

Let me be clear, the vote I will give to the President is for one reason and one reason only: To disarm Iraq of weapons of mass destruction, if we cannot accomplish that objective through new, tough weapons inspections in joint concert with our allies.

In giving the President this authority, I expect him to fulfill the commitments he has made to the American people in recent days--to work with the United Nations Security Council to adopt a new resolution setting out tough and immediate inspection requirements, and to act with our allies at our side if we have to disarm Saddam Hussein by force. If he fails to do so, I will be among the first to speak out.

Snip…

Let there be no doubt or confusion about where we stand on this. I will support a multilateral effort to disarm him by force, if we ever exhaust those other options, as the President has promised, but I will not support a unilateral U.S. war against Iraq unless that threat is imminent and the multilateral effort has not proven possible under any circumstances.

In voting to grant the President the authority, I am not giving him carte blanche to run roughshod over every country that poses or may pose some kind of potential threat to the United States. Every nation has the right to act preemptively, if it faces an imminent and grave threat, for its self-defense under the standards of law. The threat we face today with Iraq does not meet that test yet. I emphasize ``yet.'' Yes, it is grave because of the deadliness of Saddam Hussein's arsenal and the very high probability that he might use these weapons one day if not disarmed. But it is not imminent, and no one in the CIA, no intelligence briefing we have had suggests it is imminent. None of our intelligence reports suggest that he is about to launch an attack.

Snip...

The definition of purpose circumscribes the authority given to the President to the use of force to disarm Iraq because only Iraq's weapons of mass destruction meet the two criteria laid out in this resolution.

Snip...

That is why I believe so strongly before one American soldier steps foot on Iraqi soil, the American people must understand completely its urgency. They need to know we put our country in the position of ultimate strength and that we have no options, short of war, to eliminate a threat we could not tolerate.

Page: S10173
Page: S10174


Democrats voted:

Resolutions


Bush lied, violated the IWR and illegally invaded Iraq:

"The British government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa."
Source: President Delivers "State of the Union", White House (1/28/2003).


Bush's letter and report to Congress included lies and false information.

Iraq war illegal...



Nothing was going to stop Bush from going to war. He had the War Powers Resolution. He had the a 2001 resolution to pursue the 9/11 terrorists (the same one he claimed authorized him to spy on Americans). He had a war budget for Afghanistan. He had the country believing that Iraq had WMD and was responsible for 9/11. Some people enlisted to go fight in Iraq for those very reasons!

Bush was going to war no matter what. The IWR was to hold him to inspections and to agree that he would only go to war with Iraq as a last resort!


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mike_c Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 02:55 PM
Response to Original message
1. if the IWR was meant to hold Bush back it would have been written...
Edited on Sat Dec-02-06 02:55 PM by mike_c
...to do so. The IWR *IS* a blank check for an illegal war of aggression, whether you want to accept that or not. That's what it is. I'm sorry if that disturbs you.

As for the rest of the OP, thank you for reminding us of the perfidy of many in the "opposition party" who helped to enable Bush's war of aggression.
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 02:58 PM
Response to Reply #1
2. Your quick response is telling!
Sorry if the facts disturb you!
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mike_c Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 03:05 PM
Response to Reply #2
3. you've stated "the facts" very well in the OP....
Edited on Sat Dec-02-06 03:09 PM by mike_c
I don't find that disturbing at all. I disagree with one of your conclusions-- that the IWR was not full and unconditional authority to invade Iraq. Illegal authority, I might add, under international law and U.S. treaties. If nothing else, events have proven that to be true. We've debated the text of the legislation ad nauseum-- I'll provide a link to some of the arguments I've posted: http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x749182 in case others are interested in following the discussion.

But as I said, you've made a good case of "the facts" IMO. The democratic leadership in Congress aided and abetted a criminal war of aggression, and some other prominant democrats like Wesley Clark supported that effort. I think they should be held accountable. My impression is that you disagree with that accountability, but please correct me if I'm mistaken.

on edit-- clarified my statements a bit.
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 03:14 PM
Response to Reply #3
4. Debated and refuted
Edited on Sat Dec-02-06 03:17 PM by ProSense
ad nauseum.

The Afghanistan resolution was a declaration, Congress agreed:

SECTION 1. SHORT TITLE.

This joint resolution may be cited as the `Authorization for Use of Military Force'.

SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

(a) That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

(b) War Powers Resolution Requirements-

(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes any requirement of the War Powers Resolution.


The Iraq resolution was a conditional authorization, Congress laid out criteria to be met and required more information:

SECTION 1. SHORT TITLE.

This joint resolution may be cited as the `Authorization for Use of Military Force Against Iraq Resolution of 2002'.

SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS.

The Congress of the United States supports the efforts by the President to--

(1) strictly enforce through the United Nations Security Council all relevant Security Council resolutions regarding Iraq and encourages him in those efforts; and

(2) obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion and noncompliance and promptly and strictly complies with all relevant Security Council resolutions regarding Iraq.


SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

(a) AUTHORIZATION- The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to--

(1) defend the national security of the United States against the continuing threat posed by Iraq; and

(2) enforce all relevant United Nations Security Council resolutions regarding Iraq.

(b) PRESIDENTIAL DETERMINATION- In connection with the exercise of the authority granted in subsection (a) to use force the President shall, prior to such exercise or as soon thereafter as may be feasible, but no later than 48 hours after exercising such authority, make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that--

(1) reliance by the United States on further diplomatic or other peaceful means alone either (A) will not adequately protect the national security of the United States against the continuing threat posed by Iraq or (B) is not likely to lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq; and

(2) acting pursuant to this joint resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorist and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed or aided the terrorist attacks that occurred on September 11, 2001.

(c) War Powers Resolution Requirements-

(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this joint resolution supersedes any requirement of the War Powers Resolution.

SEC. 4. REPORTS TO CONGRESS.

(a) REPORTS- The President shall, at least once every 60 days, submit to the Congress a report on matters relevant to this joint resolution, including actions taken pursuant to the exercise of authority granted in section 3 and the status of planning for efforts that are expected to be required after such actions are completed, including those actions described in section 7 of the Iraq Liberation Act of 1998 (Public Law 105-338).

(b) SINGLE CONSOLIDATED REPORT- To the extent that the submission of any report described in subsection (a) coincides with the submission of any other report on matters relevant to this joint resolution otherwise required to be submitted to Congress pursuant to the reporting requirements of the War Powers Resolution (Public Law 93-148), all such reports may be submitted as a single consolidated report to the Congress.

(c) RULE OF CONSTRUCTION- To the extent that the information required by section 3 of the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1) is included in the report required by this section, such report shall be considered as meeting the requirements of section 3 of such resolution.


Not only did he have to lie, he issued one of his signing statements:

Statement on Signing the Authorization for Use of Military Force Against Iraq Resolution of 2002
October 16th, 2002

Snip...

The debate over this resolution in the Congress was in the finest traditions of American democracy. There is no social or political force greater than a free people united in a common and compelling objective. It is for that reason that I sought an additional resolution of support from the Congress to use force against Iraq, should force become necessary. While I appreciate receiving that support, my request for it did not, and my signing this resolution does not, constitute any change in the long-standing positions of the executive branch on either the President's constitutional authority to use force to deter, prevent, or respond to aggression or other threats to U.S. interests or on the constitutionality of the War Powers Resolution.

http://www.presidency.ucsb.edu/ws/index.php?pid=64386



The War Powers Resolution:

PURPOSE AND POLICY

SEC. 2. (a) It is the purpose of this joint resolution to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgement of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicate by the circumstances, and to the continued use of such forces in hostilities or
in such situations.

(b) Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof.

(c) The constitutional powers of the President as Commander-in-Chief to
introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces

http://usinfo.state.gov/usa/infousa/laws/majorlaw/warpower.htm


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mike_c Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 03:26 PM
Response to Reply #4
5. I feel like we're both banging our heads against the wall....
Edited on Sat Dec-02-06 03:33 PM by mike_c
You've acknowledged elsewhere that Sec. 2 does not set conditions or call for any presidential action. It is just eyewash. It does not contain the words "the president shall" or any similar wording. It does not require anyone to do anything further. It only expresses congress's acknowledgement of past diplomatic efforts-- nevermind that they were bogus anyway.

Read section 3(b) carefully. It contains a bit of eyewash too, but it DOES contain a requirement for presidential action-- it does impose a condition on the authority granted in Sec. 3(a). But read it carefully: "...the President shall, prior to such exercise or as soon thereafter as may be feasible, but no later than 48 hours after exercising such authority, make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination...." and then the remainder of the section describes what determination Bush must make available. That's it. End of condition. The only condition attached to full authority under the War Powers Resolution was that Bush send a letter to Congress.

Again, read Sec. 3(b) carefully. It might appear that 3(b)(1) and 3(b)(2) are conditions, but they are not. It does not say that the president shall do them-- it says that the president shall send congress a letter about them. And that is just what Bush did. You've linked the letter yourself in the OP.

Finally, you seem to be taking this discussion personally. There's no reason to be angry with me-- at worst, we disagree about the language of the legislation. That isn't the end of the world. In the process we've both learned a lot about some pretty serious legislation and the folks who saddled us with it.
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 04:10 PM
Response to Reply #5
13. Nothing personal, but that too
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SOS Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 03:32 PM
Response to Reply #4
6. Highlights are selective
"The Congress of the United States supports the efforts by the President to--

The Congress "supports the efforts by the President". Means nothing.

The only important sentence is "The President is authorized to use the Armed Forces of the United States as he determines to be necessary"

As he determines. Period.

The Congress laid out NO criteria that could not be superseded by Bush's determination. The conditions are completely devoid of force or meaning because the sole determination was left to Bush.

Byrd was right. Blank check.

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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 03:51 PM
Response to Reply #6
9. Byrd's amendment was
Edited on Sat Dec-02-06 03:52 PM by ProSense
an authorization to use force within a year, it had an expiration date:

SEC. 5. TERMINATION OF THE AUTHORIZATION FOR THE USE OF THE UNITED STATES ARMED FORCES.

(a) IN GENERAL.--The authorization in section 4(a) shall terminate 12 months after the date of enactment of this joint resolution, except that the President may extend, for a period or periods of 12 months each, such authorization if--

(1) the President determines and certifies to Congress for each such period, not later that 60 days before the date of termination of the authorization, that the extension is necessary for ongoing or impending military operations against Iraq under section 4(a); and

(2) the Congress does not enact into law, before the extension of the authorization, a joint resolution disapproving the extension of the authorization for the additional 12-month period.

(b) CONGRESSIONAL REVIEW PROCEDURES.--

(1) IN GENERAL.--For purposes of subsection (a)(2), a joint resolution described in paragraph (2) shall be considered in the Senate and the House of Representatives in accordance with the procedures applicable to joint resolutions under paragraphs (3) through (8) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as contained in Public Law 98-473; 98 Stat. 1936-1937), except that--

(A) references in those provisions to the Committee on Appropriations of the House of Representatives shall be deemed to be references to the Committee on International Relations of the House of Representatives; and

(B) references in those provisions to the Committee on Appropriations of the Senate shall be deemed to be references to the Committee on Foreign Relations of the Senate.

(2) JOINT RESOLUTION DEFINED.--For purposes of paragraph (1), the term ``joint resolution'' means only a joint resolution introduced after the date on which the certification of the President under subsection (a)(1) is received by Congress, the matter after the resolving clause of which is as follows: ``That, pursuant to section 5 of the Authorization for the Use of Military Force Against Iraq, the Congress disapproves the extension of the authorization under section 4(a) of that joint resolution for the additional 12-month period specified in the certification of the President to the Congress dated __.'', with the blank filled in with the appropriate date.


It wouldn't have stopped Bush!

Byrd Amdt. No. 4869

Statement of Purpose: To provide a termination date for the authorization of the use of the Armed Forces of the United States, together with procedures for the extension of such date unless Congress disapproves the extension.

YEAs ---31
Akaka (D-HI)
Biden (D-DE)
Bingaman (D-NM)
Boxer (D-CA)
Byrd (D-WV)
Cantwell (D-WA)
Chafee (R-RI)
Clinton (D-NY)
Conrad (D-ND)
Corzine (D-NJ)
Dayton (D-MN)
Dodd (D-CT)
Dorgan (D-ND)
Durbin (D-IL)
Feingold (D-WI)
Harkin (D-IA)
Hollings (D-SC)
Inouye (D-HI)
Jeffords (I-VT)
Kennedy (D-MA)
Kerry (D-MA)
Kohl (D-WI)
Leahy (D-VT)
Levin (D-MI)
Rockefeller (D-WV)
Sarbanes (D-MD)
Schumer (D-NY)
Stabenow (D-MI)
Torricelli (D-NJ)
Wellstone (D-MN)
Wyden (D-



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SOS Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 05:07 PM
Response to Reply #9
23. 4868 is the more important Byrd Amendment:
SEC. 5. STATUTORY CONSTRUCTION.

Nothing in this joint resolution--
(1) is intended to alter the constitutional authorities of the Congress to declare war, grant letters of Marque and Reprisal, or other authorities invested in Congress by Section 8, Article 1 of the Constitution; or
(2) shall be construed as granting any authority to the President to use the United States Armed Forces for any purpose not directly related to a clear threat of imminent, sudden, and direct attack upon the United States, its possessions or territories, or the Armed Forces of the United States, unless the Congress of the United States otherwise authorizes.

There were a total of 11 amendments proposed by Durbin, Levin, Boxer, Byrd - all were crushed.

The proposed amendments were defeated and are now irrelevant.

Bush did not violate the IWR. That would be impossible since Bush, and only Bush, was given the authorization to "use the Armed Forces of the United States as he determines to be necessary".

Bush could have been stopped (or at least hampered) with 100% Democratic solidarity:

107th Congress: June 6,2001 – October 25, 2002:

Affiliation Members
Republican Party 49
Democratic Party 50 Majority with Independent's vote
Independent 1 Caucused with Democrats

The vote could have been 51-49.



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cali Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 03:33 PM
Response to Reply #4
7. So Senator Leahy was
lying when he said this?

"This resolution, like others before it, does not declare anything. It tells the President "you decide." This resolution, when you get through the pages of whereas clauses, is nothing more than a blank check. The President can decide when to use military force, how to use it, and for how long."


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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 03:58 PM
Response to Reply #7
10. No!
It was his opinion. Similar to the opinions of those who say a timetable for withdrawal constitutes a precipitous withdrawal and will lead to chaos!



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cali Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 05:12 PM
Response to Reply #10
24. No. It wasn't merely his opinion.
It was the opinion of seasoned prosecutor and Senator. He was right. It damn well was a blank check and your blind allegiance to Sen. Kerry prevents you from seeing what was clear as day to most legal experts.
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 05:50 PM
Response to Reply #24
25. "your blind allegiance to Sen. Kerry..." So sure, but wrong!
Edited on Sat Dec-02-06 05:51 PM by ProSense

A Fig Leaf Of Legality

John Prados
May 02, 2005

John Prados is a senior fellow with the National Security Archive in Washington, DC. He is author of Hoodwinked: The Documents That Reveal How Bush Sold Us a War (The New Press).

It has been rumored that the brief, antiseptic legal opinion—citing that a legal basis for the Iraq war did exist—that British Prime Minister Tony Blair received from his attorney general, Lord Goldsmith, did not actually reflect the advice of the top British government lawyer. That turns out to be true.

Last week, when portions of Lord Goldsmith’s original opinion began to leak, the prime minister’s office rushed to release the original document. Goldsmith’s advice, rendered in a baker’s dozen of pages of closely reasoned text on March 7, 2003, diverges significantly from his previously released single-page approval for war. But its greatest significance is that the Goldsmith opinion puts before the public legal reasoning that undermines the justification in international law Bush used to wage an aggressive war against Iraq. That, in turn, negates Bush’s Congressional authorization to use force.

Lord Goldsmith’s opinion strips the legal arguments down to their core and shows how flawed they were. These can be addressed in five areas, and a few further points on legality this side of the Atlantic will complete the story.

Foremost is the matter of the U.N. Security Council action (Resolution 1441) passed on Nov. 8, 2002. Debate has long raged over whether 1441—by itself or in combination with earlier Security Council resolutions enacted during and after the Gulf War—authorized a resort to force against Iraq. Lord Goldsmith supplies an exhaustive analysis of the operative paragraphs of Resolution 1441 that shows how it required further U.N. action to approve force.

Snip...

Finally, there is the broad principle of proportionality. Force used against Iraq in service of the U.N. resolutions “must have as its objective the enforcement of the terms of the cease-fire ,” needed to be limited to achieving that objective, and had to be proportional to “securing compliance with Iraq’s disarmament obligations.” In other words, Goldsmith explicitly noted, “regime change cannot be the objective of military action.”

George Bush sought a congressional resolution authorizing force and secured it on Oct. 10, 2002. That resolution explicitly restricted the use of force to compelling adherence with “relevant United Nations Security Council resolutions,” and continuing threats from Iraq. This was not a blanket declaration of war. The resolution’s contingent authority evaporates if its conditions are not met.

We now know that Saddam Hussein had no weapons of mass destruction and very little in the way of programs to develop them. That is why the weapons inspectors, quite rightly, were not going to report a material breach—the inspectors could find no evidence of weapons. Iraq was in compliance with the Gulf War resolutions and had not invaded anyone—hence no threat to international peace and security. Washington’s assertion otherwise remained crucial to cover an aggressive war with a fig leaf of legality. That fig leaf has now disappeared.

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Pithy Cherub Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 03:49 PM
Response to Original message
8. A swing and another miss...
It is obviously disturbing that otherwise smart people gave the president a blank check to start this war. Parsing it with a magnifying glass does not make the Aye on Iraq War disappear into the memory vault. The only way forward is to accept it, apologize and move on to atonement.
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 04:02 PM
Response to Reply #8
11. Nothing!
You've offered nothing to refute the facts in the OP!
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Pithy Cherub Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 04:06 PM
Response to Reply #11
12. Bottom Line - Who voted for it?
How did it turn out?
Who apologized?
Who said it was wrong?
Who wishes they had never voted for the legislation you so lovingly keep posting?
Who had trouble rationalizing the vote to the American public?
Who wrote an op-ed saying I was wrong?
Who says that the IWR vote was the best. vote. ever?
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 04:11 PM
Response to Reply #12
14. It's still Bush's war! n/t
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Pithy Cherub Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 04:13 PM
Response to Reply #14
15. Enabled by who again....
Democrats gave him political cover when they shouldn't have and you know it.
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 04:26 PM
Response to Reply #15
17. Let me guess:
his parents? Democrats didn't make Bush lie!
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Pithy Cherub Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 04:34 PM
Response to Reply #17
19. They sure didn't make him lie. Some Democrats just voted for it.
Why is that so hard for you to accept...:shrug:
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 04:35 PM
Response to Reply #19
20. I accept that they voted for
it---the IWR to continue inspections and go through the UN.
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Pithy Cherub Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 06:40 PM
Response to Reply #20
27. then pray tell whay are they apologizing.
They know it was a vote for war. The explanation above is even slower than the candidate acknowledgments that they took responsibility for it and they blew it. But if limiting it helps you to justify their behavior so be it. But all of them acknowledge it was a vote for war.
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blm Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 05:57 PM
Response to Reply #15
26. Bill Clinton - the ONLY reason BushInc was allowed to strengthen their power
and remain in charge after Bush1 left office.
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AtomicKitten Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 06:45 PM
Response to Reply #26
28. The Clenis is one busy bee screwing up everything up in the universe.
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 06:55 PM
Response to Reply #28
29. Indeed, Ma'am, Nothing In Human History Can Match It
"The mind wobbles....'
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tritsofme Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 04:25 PM
Response to Original message
16. Nope, Bush acted in a manner completely consistent with the IWR
Here is the working language of the law, the rest of the things you posted is just obfuscation:

(a) AUTHORIZATION- The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to--

(1) defend the national security of the United States against the continuing threat posed by Iraq; and

(2) enforce all relevant United Nations Security Council resolutions regarding Iraq.



The IWR didn't require that his determination be rooted in fact or logic, just that he determined that Iraq satisfied those two requirements. If he made that determination, then he acted consistently within the act.

The IWR was a blank check, and Bush cashed it.
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 04:31 PM
Response to Reply #16
18. Sorry Bush already lied and is already implicated in violating the terms:
Statement on Signing the Authorization for Use of Military Force Against Iraq Resolution of 2002
October 16th, 2002

Snip...

The debate over this resolution in the Congress was in the finest traditions of American democracy. There is no social or political force greater than a free people united in a common and compelling objective. It is for that reason that I sought an additional resolution of support from the Congress to use force against Iraq, should force become necessary. While I appreciate receiving that support, my request for it did not, and my signing this resolution does not, constitute any change in the long-standing positions of the executive branch on either the President's constitutional authority to use force to deter, prevent, or respond to aggression or other threats to U.S. interests or on the constitutionality of the War Powers Resolution.

http://www.presidency.ucsb.edu/ws/index.php?pid=64386
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tritsofme Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 04:37 PM
Response to Reply #18
21. I'm not sure how this is relevant to what we are talking about here
Edited on Sat Dec-02-06 04:39 PM by tritsofme
This just speaks to the fact that since Nixon vetoed the War Powers Act and Congress overrode him, every president since has held that is unconstitutional.

It doesn't address the fact that Bush determined Iraq met the criteria set out in the IWR, and that's all that was required.
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welshTerrier2 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-02-06 04:51 PM
Response to Reply #18
22. and so the Congress trusts him with yet more war funding?
bush lied? that falls into the "i'm shocked to learn there is gambling going on here" category ...

many of us believed the whole damned thing was a lie ... we believed Democrats needed to stand up in front of the country and proclaim the whole damn case for war a pack of lies ... many of us hoped Democrats would point out the PNAC arguments and make the case to the American people that bush was railroading us into a bogus war ... a bogus, unnecessary and devastating war ... which Democrats stood with us to make that case? a bogus and devastating and unnecessary war ... which Democrats stood with us?

i keep seeing these threads, these seemingly neverending threads, about the "real" meaning of the IWR and the "real" motivations of those who voted for it ... but who stood with us when we argued that bush could not be trusted? who stood with us when we argued that the IWR was nothing but a smokescreen to sell the war to the American people? who stood with us when we said that the war was all about corporate greed? it seems to me this point is more germaine than arguing about why someone voted for or against the IWR ...

what is most tragic today is that voting more money for bush's pack of lies and handing bush billions upon billions upon billions and more time and more time and more time makes the exact same mistake too many Democrats made in voting for the IWR - they took bush at his word ...

you make a great case against all of bush's lies - what's incredible is that so many, by their actions, are still trusting him today ... fool me once, shame on you ... fool me twice? you know the rest ... to invest even one more day and one more dollar into this war with bush in charge of the government is a crime in itself ... nothing positive can happen in Iraq while bush is in the WH ... no matter how well-intentioned any Democrat may be in seeking a new path, remaining there demands that bush is once again empowered to continue the madness ... i can think of few paths more deadly than that ...
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