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The
Judicially-Selected Dictator's Pre-Emptive War
by
Ralph Nader
March
24, 2003
As
this is written, the campaign known as "shock and awe" has begun over
Iraq and the five million civilian inhabitants of Baghdad. Bombs indeed shock,
but why the word "awe"? This is Defense Secretary Donald Rumsfeld's
way of turning the Iraq bombardment against what he knows is a defenseless
country, run by a brutal dictator, into a metaphor for the rest of the world.
He wants the whole world in "awe" of the mighty military superpower
in preparation for the next move against another country in or outside the
"axis of evil".
This
is truly an extraordinary time in American history. A dozen men and one woman
are making very risky consequential decisions sealed off from much muted
dissent inside the Pentagon, the State Department, the CIA and other agencies
that have warned the President and his small band of ideological cohorts to
think more deeply before they leap. They are launching our nation into winning
a war which generates later battles that may not be winnable - at least not
without great economic and human costs to our country.
But
let's back up a moment. Our founding fathers most emphatically placed the
warmaking power in the hands of Congress. They did not want some arrogant or
brooding successor to King George III to plunge the country into war. They wanted
a collegial body of many elected representatives to decide openly (Article I,
section 8).
Last
year, Congress, with leaders of both Parties, surrendered their warmaking power
to George W. Bush. This itself is unlawful. But unfortunately, there is no
judicial remedy for any citizen to challenge assigning the warmaking power to
the President. Senator Robert Byrd (D-West Virginia) eloquently and repeatedly
objected to this constitutional abdication. The large majority of Congress just
shrugged. They knew that there was no punishment for this institutional crime.
Mr.
Bush, on the other hand, was only too eager to strip the Congress of such
authority, just as the Attorney General, both by action and by demanding and
receiving such crushers of civil liberties as the so-called U.S. Patriot Act,
was eager to diminish the role of the judiciary. Having turned our federal
system of separation of powers between three branches into a one-branch
hegemony, Mr. Bush proceeded to flout the U.N. Charter, which the U.S. mostly
drafted and signed on to in 1945.
His
preemptive war - the first in U.S. history - against a nation that has neither
attacked nor threatened our country cannot be construed as self-defense and
therefore violates international law. Washington would certainly make exactly
this point were another nation in the world to attack a country it finds
noxious.
Then
how do the arguments for going to war that Bush has made endlessly on the mass
media for a year, without a steady rebuttal by the cowering Democratic Party,
stand up? Bush's assertion that Iraq is reconstituting its nuclear weapons
program is based on evidence that Congressman Henry Waxman called a
"hoax." In a blistering letter to the President on March 17th,
Congressman Waxman all but called Bush's assertion that Iraq was seeking
uranium from Niger a lie, citing both the CIA and the International Atomic
Energy Agency as his authorities. Neither agency has evidence of a rebuilding
nuclear weapons program.
President
Bush has repeatedly tried to tie Iraq with Al-Qaeda. There is no evidence to
support these allegations. The two are mortal enemies - one secular and the
other fundamentalist. The CIA informed Congress that confronting a U.S.
overthrow attack, our former, supplied ally, Saddam Hussein "probably
would become much less constrained in adopting terrorist actions." Even
then, analysts have published articles casting doubt on the efficacy of
whatever mass destruction weapons he may have against a modern air and missile
attack followed by spread-out armored vehicles racing toward a surrendering
army.
The
UN inspectors found nothing in their forays inside Iraq before Bush stopped
their increasing penetration of that regime.
On
March 18th, the Washington Post, which avidly favors the war, felt obliged to
publish a story by two of its leading reporters titled, "Bush Clings to
Dubious Allegations About Iraq." The article questioned a "number of
allegations" that the Bush administration is making against Iraq that
"have been challenged - and in some cases disproved - by the United
Nations, European governments and even U.S. intelligence reports."
Now
that the short war has begun, it is hoped that there will be minimum casualties
on both sides. But after the U.S. military prevails, the longer battles during
occupation begin. They are fires, disease, hunger, plunder and looting by
desperate people and roving gangs, and bloodletting between major religious and
ethnic factions.
U.S.
intelligence agencies say the Iraq war will likely increase global terrorism
including inside this country. Respected retired military generals and
admirals, such as Marine General Anthony Zinni, believe it will destabilize the
Middle East region, undermine the war on terrorism and distract from the
Israeli-Palestinian conflict. "King George" is not listening to them
or to other prominent former leaders in the State Department, Pentagon or the
major intelligence agencies, including his father's own National Security
Advisor, Brent Scowcroft.
This
must be the only war in our history promoted by chickenhawks - former
belligerent draft dodgers - and opposed by so many of those inside and outside
of government who served in the armed forces.
Still
the Messianic militarist in the White House refuses to even listen - either to
opposing viewpoints held by tens of millions of Americans or to viewpoints
counseling other non-war ways to achieve the objectives in Iraq. Indeed, he has
refused to meet with any domestic antiwar delegation. Groups representing
veterans, labor, business, elected city officials, women, clergy, physicians
and academics with intelligence experience have written requesting an audience
(see www.essentialaction.org).
Michael
Kinsley is a sober, bright columnist who said that "in terms of the power
he now claims, George W. Bush is now the closest thing in a long time to
dictator of the world." One might also use a Canadian phrase - an elected
dictator. Correction - a judicially-selected dictator.
Ralph Nader is America’s
leading consumer advocate. He is the founder of numerous public interest groups
including Public Citizen, and has twice
run for President as a Green Party candidate. His
latest book is Crashing the Party: How to Tell the Truth and Still Run for
President (St. Martin’s Press, 2002)