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Old 04-27-2007, 09:08 AM   #1 (permalink)
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George Tenet's New Book: Is US in Iraq Similar "Aggressive War" Charged at Nuremberg

Real simple....are we "there" yet? Is there compelling evidence, yet....in your mind, that Mr. Bush and Mr. Cheney are reasonably suspected of committing the ultimate crime against humanity....the crime of aggressive, pre-emptive war? ....And....IMO....as importantly, do you care if Bush did this...or not?

If you think that the US invasion of Iraq, as Tenet says, was done under false pretenses, with no other alternative to war seriously discussed, what is different about US war against Iraq than the "war of aggression" charged at Nuremberg, in 1945.

Isn't the main practical argument against pre-emption....against aggressive war, the risk that the determination to engage in a war not justified by an imminent threat, is that you might "get it wrong".....that the war was avoidable.....did not have to happen.....in hindsight, could not be justified by the "threat level"....originally below the threshold of "imminent", was confirmed to not be justification for going to war.

Isn't "this case", aggravated by what Tenet and the Downing Street Memos describe....the fact that the decision to go to war was made without even considering alternatives to war, and without concern whether war was even justified by an "imminent threat"?

Quote:
http://www.benferencz.org/arts/87.html
Q: Twenty-seven years old, the Nuremberg trial was your first case. Can you talk a little about what that was like - the pressure, perhaps, the satisfaction of bringing these heinous crimes to closure?

The most impressive thing to me at Nuremberg and in my other experiences in Germany was a complete absence of remorse on the part of the defendants. They argued that they were justified in doing what they did. The simple soldiers argued superiors' orders; the higher ups who were on the policy-making level argued that what they did was in self-defense - that they knew or feared that the Soviet Union was about to attack them and therefore they felt justified in a preemptive first strike. .......

http://www.benferencz.org/arts/89.html

.....Ohlendorf was asked to explain why they had killed all the Jews. Most defendants argued that they were only obeying superior orders. Ohlendorf was much more honest. He said it was necessary in self-defense. Self-defense? Where do you come up with self-defense? Germany attacked all of its neighbors. "Ah, yes", he explained, " we knew that the Soviet Union planned to attack us. And therefore, it was necessary for us to attack them first." (These days we call it "preemption.") "And why did you kill all of the Jews? " "Well, we knew that the Jews were sympathetic to the Bolsheviks, everybody knows that, so, we had to get rid of them too." Question: "And why did you kill thousands of little children? "Well, if they grew up and learned that we had eliminated their parents, they would become enemies of the Reich. So, of course we had to take care of them too. It sounded so natural and logical - to the mass murderer.

It was not persuasive to the three American judges. They carefully considered the doctrine of preemptive self-defense, or anticipatory self-defense, They held, unanimously, that it was not a valid defense that could justify the crimes. If everyone felt they could go out and attack their neighbor, and also kill their children and other perceived enemies, what kind of a world would we have? It was an echo of Justice Jackson's famous phrase that has been quoted here, about not passing the Germans "a poisoned chalice" lest we put it to our own lips as well. Law must apply equally to everyone. Telford Taylor made the closing statement, saying to accept peremptory self-defense as a justification for murder would be as if to say that a man who breaks into a house can then shoot the owner in presumed self-defense. Those who made that argument were found guilty and
were hanged.   click to show 

Let me note another problem that causes concern. Tom Franck will recall the Top Secret Downing Street papers published by the London Times in July 2002. Leading British cabinet members discussing plans for an upcoming war with Iraq concluded that the United States was fixing the facts to match the policy. It seemed clear to them that the US had made up its mind to go to war against Iraq; no matter what. The Americans were determined to bring about a "regime change." When it was noted that doing so by force would be illegal, administration lawyers, adept at finding new interpretations of laws, came up with the argument that preemptive force would be justified as self-defense from an imminent nuclear threat. The UN charter says a nation may defend itself against an armed attack. As far as I can make out, Iraq wasn't engaged in or even planning an armed attack against the United States. So the creative lawyers stretched the law by arguing that since the Security Council of the UN was too politicized, it could be by-passed if necessary. A preemptive war followed.....

Read fascinating spin from foxnooze....after the NY Times story:

Quote:
http://www.newstatesman.com/200505300013
The war before the war

Michael Smith

Published 30 May 2005

Britain and the US carried out a secret bombing campaign against Iraq months before the tanks went over the border in March 2003. Michael Smith pieces together the evidence

Page by relentless page, evidence has been stacking up for many months to show that - despite Tony Blair's denials - the British government signed up for war in Iraq almost a year before the invasion. What most people will not have realised until now, however, was that Britain and the US waged a secret war against Iraq for months before the tanks rolled over the border in March 2003. Documentary evidence and ministerial answers in parliament reveal the existence of a clandestine bombing campaign designed largely to provoke Iraq into taking action that could be used to justify the start of the war.

In the absence of solid legal grounds for war, in other words, the allies tried to bomb Saddam Hussein into providing their casus belli. And when that didn't work they just stepped up the bombing rate, in effect starting the conflict without
telling anyone.   click to show 


The story of the secret air war dovetails neatly with the other evidence from the leaked documents, further demonstrating why, even after the general election, Blair's efforts to dispel the allegations about the background to war and get the country to "move on" seem doomed to fail.

Quote:
http://www.timesonline.co.uk/tol/new...icle387374.ece
May 1, 2005
The secret Downing Street memo

......C reported on his recent talks in Washington. There was a perceptible shift in attitude. Military action was now seen as inevitable. <b>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.</b> The NSC had no patience with the UN route, and no enthusiasm for publishing material on the Iraqi regime's record. There was little discussion in Washington of the aftermath after military action.........
It was the briefing paper for the July meeting which stated categorically that "when the Prime Minister discussed Iraq with President Bush at Crawford in April [2002], he said that the UK would support military action to bring about regime change".

The same document also stated bluntly that "regime change per se is not a proper basis for military action under international law" and it was therefore "necessary to create the conditions in which we could legally support military action".

America had none of these problems. It was Washington's view that it could decide for itself whether Saddam was in breach of his obligations to let in weapons inspectors. With British officials holding Blair back, insisting that without UN backing an invasion would be illegal, it would have been extremely convenient for Bush and Rumsfeld if Saddam had retaliated against the bombing offensive, thus giving London and Washington the chance to cry, "He started it!"

The leaked British documents have now found their way into the US political debate. The White House has declined to respond to a letter from 89 US congressmen asking Bush when he and Blair agreed to invade Iraq. The congressmen are now talking about sending a delegation to Britain to try to find out the truth, although heaven alone knows why they think they will get any more change from Blair than they did from Bush. Their concerns are none the less grave ones, for the leaked documents are as damaging to Bush as they are to Blair.

Under the US constitution, only Congress has the power to authorise war, and it did not do so until 11 October. Any military ac-tion to oust Saddam before that point would constitute a serious abuse of power by the president. But there is no reason to suppose that bothered Mr Bush.

Michael Smith writes on defence matters for the Sunday Times
Quote:
http://www.cooperativeresearch.org/c...n_of_iraq_2921
Context of 'September 5, 2002: US and British Air Force Conduct Major Assault on Iraqi Defenses'
Quote:
http://www.telegraph.co.uk/news/main.../06/wirq06.xml
100 jets join attack on Iraq

By Michael Smith, Defence Correspondent
Last Updated: 12:38pm BST 06/09/2002 (September 6, 2002)
Page 1 of 3

About 100 American and British aircraft took part in an attack on Iraq's major western air defence installation yesterday in the biggest single operation over the country for four years.

The raid appeared to be a prelude to the type of special forces operations that would have to begin weeks before a possible American-led war. It was launched two days before a war summit between President George W Bush and
Tony Blair in America.   click to show 

Mr Bush, speaking in Louisville, Kentucky, said that, besides having talks with Mr Blair, he would be meeting the leaders of France, Russia, China and Canada over the next few days. He would tell them that "history has called us into action" to oust Saddam Hussein, the president of Iraq.

He said he was looking forward to the talks, but suggested that the US could do the job on its own if need be.

"I am a patient man," he said. "I've got tools; we've got tools at our disposal. We cannot let the world's worst leaders blackmail, threaten, hold freedom-loving nations hostage with the world's worst weapons."
Quote:
http://www.washingtonpost.com/ac2/wp...nguage=printer
Airstrikes In Southern Iraq 'No-Fly' Zone Mount
Attacks' Growing Precision And Scope May Aid Invasion

By Vernon Loeb
Washington Post Staff Writer
Wednesday, January 15, 2003; Page A01

U.S. and British warplanes have bombed more than 80 targets in Iraq's southern "no-fly" zone over the past five months, conducting an escalating air war even as U.N. weapons inspections proceed and diplomats look for ways to head off a full-scale war.

The airstrikes have increased not only in number but in sophistication, with pilots using precision-guided bombs to strike what defense officials describe as mobile surface-to-air missiles, air defense radars, command centers, communications facilities and fiber-optic cable repeater stations.

On Monday, the heaviest day of bombing in at least a year, U.S. and British jets for the first time struck five targets, hitting an air defense command site at Tallil, 170 miles southeast of Baghdad, and four repeater stations in southeastern Iraq. Iraq says many of the attacks have been on non-military targets and have resulted in civilian deaths. The Iraqis said six people were injured in Monday's airstrikes, which they said included civilian targets in the southern city of Basra.

U.S. military officials said the attacks are initiated only in response to Iraqi fire. They said the increase mirrors an increase by Iraqi President Saddam Hussein's forces in anti-aircraft and surface-to-air missile attacks on U.S. and British jets. But they acknowledged that military planners are taking full advantage of the opportunity to target Iraq's integrated air defense network for destruction in a systemic fashion that will ease the way for U.S. air and ground forces if President Bush decides war is the only option for
disarming Iraq.   click to show 
Quote:
http://www.nytimes.com/2007/04/27/wa...ks&oref=slogin
April 27, 2007
Ex-C.I.A. Chief, in Book, Assails Cheney on Iraq
By SCOTT SHANE and MARK MAZZETTI

WASHINGTON, April 26 — George J. Tenet, the former director of central intelligence, has lashed out against Vice President Dick Cheney and other Bush administration officials in a new book, saying they pushed the country to war in Iraq <h3>without ever conducting a “serious debate” about whether Saddam Hussein posed an imminent threat to the United States.</h3>

The 549-page book, “At the Center of the Storm,” is to be published by HarperCollins on Monday. By turns accusatory, defensive, and modestly self-critical, it is the first detailed account by a member of the president’s inner circle of the Sept. 11, 2001, terrorist attacks, the decision to invade Iraq and the failure to find the unconventional weapons that were a major justification for the war.

“There was never a serious debate that I know of within the administration about the imminence of the Iraqi threat,” Mr. Tenet writes in a devastating judgment that is likely to be debated for many years. <h3>Nor, he adds, “was there ever a significant discussion” about the possibility of containing Iraq without an invasion.</h3>

Mr. Tenet admits that he made his famous “slam dunk” remark about the evidence that Iraq had weapons of mass destruction. But he argues that the quote was taken out of context and that it had little impact on President Bush’s decision to go to war. He also makes clear his bitter view that the administration made him a scapegoat for the Iraq war.

A copy of the book was purchased at retail price in advance of publication by a reporter for The New York Times. Mr. Tenet described with sarcasm watching an episode of “Meet the Press” last September in which Mr. Cheney twice referred to Mr. Tenet’s “slam dunk” remark as the basis for the decision to go to war.

“I remember watching and thinking, ‘As if you needed me to say ‘slam dunk’ to convince you to go to war with Iraq,’ ” Mr. Tenet writes.

As violence in Iraq spiraled beginning in late 2003, Mr. Tenet writes, “rather than acknowledge responsibility, the administration’s message was: Don’t blame us. George Tenet and the C.I.A. got us into this mess.”

Mr. Tenet takes blame for the flawed 2002 National Intelligence Estimate about Iraq’s weapons programs, calling the episode “one of the lowest moments of my seven-year tenure.” He expresses regret that the document was not more nuanced, but says there was no doubt in his mind at the time that Saddam Hussein possessed unconventional weapons. “In retrospect, we got it wrong partly because the truth was so implausible,” he writes.

Despite such sweeping indictments, Mr. Bush, who in 2004 awarded Mr. Tenet a Presidential Medal of Freedom, is portrayed personally in a largely positive light, with particular praise for the his leadership after the 2001 attacks. “He was absolutely in charge, determined, and directed,” Mr. Tenet writes of the president, whom he describes as a blunt-spoken kindred spirit.

But Mr. Tenet largely endorses the view of administration critics that Mr. Cheney and a handful of Pentagon officials, including Paul D. Wolfowitz and Douglas J. Feith, were focused on Iraq as a threat in late 2001 and 2002 even as Mr. Tenet and the C.I.A. concentrated mostly on Al Qaeda.

Mr. Tenet describes helping to kill a planned speech by Mr. Cheney on the eve of the invasion because its claims of links between Al Qaeda and Iraq went “way beyond what the intelligence shows.”

“Mr. President, we cannot support the speech and it should not be given,” Mr. Tenet wrote that he told Mr. Bush. Mr. Cheney never delivered the remarks.

Mr. Tenet hints at some score-settling in the book. He describes in particular the extraordinary tension between him and Condoleezza Rice, then national security adviser, and her deputy, Stephen J. Hadley, in internal debate over how the president came to say erroneously in his 2003 State of the Union address that Iraq was seeking uranium in Africa.

He describes an episode in 2003, shortly after he issued a statement taking partial responsibility for that error. He said he was invited over for a Sunday afternoon, back-patio lemonade by Colin L. Powell, then secretary of state. Mr. Powell described what Mr. Tenet called “a lively debate” on Air Force One a few days before about whether the White House should continue to support Mr. Tenet as C.I.A. director.

“In the end, the president said yes, and said so publicly,” Mr. Tenet wrote. “But Colin let me know that other officials, particularly the vice president, had quite another view.”

He writes that the controversy over who was to blame for the State of the Union error was the beginning of the end of his tenure. After the finger-pointing between the White House and the C.I.A., he wrote, “My relationship with the administration was forever changed.”

Mr. Tenet also says in the book that he had been “not at all sure I wanted to accept” the Medal of Freedom. He agreed after he saw that the citation “was all about the C.I.A.’s work against terrorism, not Iraq.”

He also expresses skepticism about whether the increase in troops in Iraq will prove successful. “It may have worked more than three years ago,” he wrote. “My fear is that sectarian violence in Iraq has taken on a life of its own and that U.S. forces are becoming more and more irrelevant to the management of that violence.”

Mr. Tenet says he decided to write the memoir in part because the infamous “slam dunk” episode had come to define his tenure at C.I.A.

He gives a detailed account of the episode, which occurred during an Oval Office meeting in December 2002 when the administration was preparing to make public its case for war against Iraq.

During the meeting, the deputy C.I.A. director, John McLaughlin, unveiled a draft of a proposed public presentation that left the group unimpressed. Mr. Tenet recalls that Mr. Bush suggested that they could “add punch” by bringing in lawyers trained to argue cases before a jury.

“I told the president that strengthening the public presentation was a ‘slam dunk,’ a phrase that was later taken completely out of context,” Mr. Tenet writes. “If I had simply said, ‘I’m sure we can do better,’ I wouldn’t be writing this chapter — or maybe even this book.”

Mr. Tenet has spoken rarely in public, and never so caustically, since stepping down in July 2004.

Asked about Mr. Tenet’s assertions, a White House spokesman, Gordon D. Johndroe, defended the prewar deliberations on Thursday. “The president made the decision to remove Saddam Hussein for a number of reasons, mainly the National Intelligence Estimate on Iraq and Saddam Hussein’s own actions, and only after a thorough and lengthy assessment of all available information as well as Congressional authorization,” the spokesman said.

The book recounts C.I.A. efforts to fight Al Qaeda in the years before the Sept. 11 attacks, and Mr. Tenet’s early warnings about Osama bin Laden. He contends that the urgent appeals of the C.I.A. on terrorism received a lukewarm reception at the Bush White House through most of 2001.

“The bureaucracy moved slowly,” and only after the Sept. 11 attacks was the C.I.A. given the counterterrorism powers it had requested earlier in the year.

Mr. Tenet confesses to “a black, black time” two months after the 2001 attacks when, sitting in front of his house in his favorite Adirondack chair, he “just lost it.”

“I thought about all the people who had died and what we had been through in the months since,” he writes. “What am I doing here? Why me?” Mr. Tenet gives a vigorous defense of the C.I.A.’s program to hold captured Qaeda members in secret overseas jails and to question them with harsh techniques, which he does not explicitly describe.

Mr. Tenet expresses puzzlement that, since 2001, Al Qaeda has not sent “suicide bombers to cause chaos in a half-dozen American shopping malls on any given day.”

“I do know one thing in my gut,” he writes. “Al Qaeda is here and waiting.”
Quote:
http://www.foxnews.com/story/0,2933,268945,00.html
Former CIA Director George Tenet: Al Qaeda is in America

Friday , April 27, 2007

WASHINGTON —
Al Qaeda is in the United States, former CIA Director George Tenet says, and he’s surprised there have not been more attacks on American soil.

“I do know one thing in my gut,” Tenet writes in his upcoming book. “Al Qaeda is here and waiting.”

Tenet, who served as CIA chief from 1997 to 2004, questioned how Al Qaeda hasn’t sent “suicide bombers to cause chaos in a half-dozen American shopping malls on any given day.”

Tenet's 549-page book, "At the Center of the Storm," published by HarperCollins, is set to hit the bookstores on Monday.

Tenet resigned as head of the U.S. intelligence agency in June 2004 amid criticism over the handling of the Sept. 11 attacks and the war in Iraq.

Tenet also criticized the Bush administration for rushing to war without serious debate.

"The president did wrestle with those very serious questions," White House spokesman Dan Bartlett responded.

"I've seen meetings, I've listened to the president, both in conversations with other world leaders like (British Prime Minister) Tony Blair, as well as internally, where the president did wrestle with those very questions," Bartlett said on NBC's "Today" show. "This president weighed all the various proposals, weighed all the various consequences before he did make a decision."

Click here to read The New York Times report.

Tenet claimed that they inappropriately used his uttering of the phrase “slam dunk,” which he said during a closed-door White House meeting, to defend the administration’s insistence that Saddam Hussein had weapons of mass destruction.

"I am a bit confused by that because we have never indicated the president made the sole decision based on that slam dunk comment,” Bartlett said.

Tenet also said aggressive interrogation tactics saved lives after Sept. 11, 2001, but insisted that none of those tactics can be defined as torture.

“We don’t torture people,” Tenet said in an interview scheduled to air Sunday on CBS' "60 Minutes." “We don’t torture people. I don’t talk about techniques and we don’t torture people.”

Tenet said the highly criticized program of questioning "high value" targets by using sleep deprivation and water boarding, among other techniques, was more valuable to the security of the United States than all the work done at the FBI, the CIA and the National Security Agency, which tracks foreign electronic communications.

Discussing at length the atmosphere at the CIA after the terror attacks, Tenet said it was one of real fear and anxiety because no one knew when the other shoe would drop and end up killing thousands of Americans in the process.

"I've got reports of nuclear weapons in New York City, apartment buildings that are going to be blown up, planes that are going to fly into airports all over again, plots that I don't know. I don't know what's going on inside the United States and I'm struggling to find out where the next disaster is going to occur. Everybody forgets one central context of what we lived through — the palpable fear that we felt on the basis of the fact that there was so much that we did not know," Tenet said in the interview.

Congress passed legislation last year defining what enhanced interrogation techniques could be used during questioning of enemy combatants and detainees. The move came after the Supreme Court demanded Congress define the rules for interrogation. It defined abusive treatment of prisoners in the legislation, though critics said it left unclear precisely the methods permitted.

Asked about the Tenet interview, State Department spokesman Tom Casey described the interrogation debate as old news.

"Look, I think these issues have been well-covered and well- discussed. The U.S. does not support or condone torture. It does not practice torture. You've heard our statements on that over a long period of time," Casey said.

He called the leak of that conversation dishonorable and despicable, CBS reported.
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