Wednesday, March 19, 2008

John McCain and Hillary Clinton enabled the war: now 5 years and counting

On the sad occasion of the fifth anniversary of the commencement of the Iraq war, I am posting an updated version of a diary of mine from a fortnight ago.

To begin with, most of us know that Obama opposed the invasion of Iraq and gave a stellar and what proved to be a prescient speech against it. But, not many seem to know that Obama continued resisting the invasion all the way through March 2003 while his opponents in the presidential race, John McCain and Hillary Clinton, did otherwise.

That's a key distinction between the candidates to keep in mind and tell others about.

MAR 2003: Obama Said It's Not Too Late To Stop The War. "State Sen. Barack Obama (D-Chicago) told the crowd, `It's not too late' to stop the war." (Chicago Sun- Times, 3/17/03)
Link



MAR 2003: Obama Challenged Other Candidates To Take A Position On Iraq War. The AP wrote, "Barack Obama is criticizing the idea of war against Iraq and challenging his Democratic opponents in the U.S. Senate race to take a stand on the question...Issuing the challenge at a weekend speech in Champaign, Obama said he does not oppose war if it's necessary. But he believes Iraqi leader Saddam Hussein poses no immediate threat and that, with Iraq's economy in shambles, he can be "contained" until internal pressures force him out...Obama said candidates wishing to unseat Republican Sen. Peter Fitzgerald in 2004 should speak up now as the Bush administration moves closer to using military force against Iraq. `What's tempting is to take the path of least resistance and keep quiet on the issue, knowing that maybe in two or three or six months, at least the fighting will be over and you can see how it plays itself out,' said Obama, a state senator from Chicago." (AP, 3/3/2003)

Contrary to Rumors, Obama Has Been Consistent on Iraq, by Hope 4 Obama - Jan 15th, 2008


To follow is an updated version of my earlier diary.

~~~

There were troubling aspects to this 90-page document. While slanted toward the conclusion that Hussein possessed weapons of mass destruction stored or produced at 550 sites, it contained vigorous dissents on key parts of the information, especially by the departments of State and Energy. Particular skepticism was raised about aluminum tubes that were offered as evidence Iraq was reconstituting its nuclear program. As to Hussein's will to use whatever weapons he might have, the estimate indicated he would not do so unless he was first attacked.


That's what Senator Bob Graham, the chair of the Senate Intelligence Committee in 2002 wrote in his Washington Post OpEd regarding the classified 90-page National Intelligence Estimate on Saddam's Iraq that was presented as the evidential basis for a war with Iraq:

What I Knew Before the Invasion
By Bob Graham
Sunday, November 20, 2005


Furthermore,
Sen. Bob Graham begged his colleagues on the floor of the Senate to read the 90 page classified NIE on WMD (as opposed to the 25 pages of declassified materials).

"Friends, I encourage you to read the classified intelligence reports which are much sharper than what is available in declassified form," Sen. Graham reports stating on the floor of the Senate in October 2002.
Link


Despite being implored by the chair of the intelligence committee, Hillary Clinton and John McCain did not read the 90-page NIE before committing US troops by voting to authorize a preemptive war that has killed and maimed thousands of US troops and Iraqi civilians:

Casualties in Iraq
The Human Cost of Occupation

American Military Casualties in Iraq:

Date Total In Combat
American Deaths
Since war began (3/19/03): 3990 3263
Since "Mission Accomplished" (5/1/03)
3851 3155
Since Capture of Saddam (12/13/03): 3529 2957
Since Handover (6/29/04): 3131 2630
Since Election (1/31/05): 2553 2367

American Wounded Official Estimated
Total Wounded: 29395 23000-100000


Iraqi Casualties:




The war has made America less safe and has compromised the reputation and the standing of the United States around the world.

It has also cost the tax payer and the economy trillions of dollars and has crippled the economy in many ways. It has scuttled resources that could have been used to address critical needs: the upwards of $500 billion direct expenditures on the war could have been used to provide healthcare for many of the tens of millions without coverage, or could have been used to jump start the economy in various ways, including investing in infrastructure and towards creating millions of green collar jobs.

John McCain and Hillary Clinton were wrong to enable the war by giving Bush a blank check war authorization. They should be held accountable for their vote.

Furthermore, not reading the NIE before committing the troops (as both John McCain and Hillary Clinton did) is a clear-cut dereliction of duty which, it seems logical to conclude, should disqualify them from assuming the mantle of the Commander-in-Chief.

Here is a closer look at the war voting record of HRC and McCain. They:
1. did not read the 90-page NIE
2. voted against the Levin amendment which was a multilateral approach to the situation in Iraq (see this detailed explanation by Sen. Levin regarding his amendment)
3. voted for Lieberman's blank check war resolution IWR/AUMF giving Bush the authorization to wage the war
4. voted against protecting civilian lives from unexploded cluster munitions. See also here.
5. voted for the Kyl-Lieberman amendment on Iran which does not explicitly rule out a war authorization

These eight videos present the pro-war actions and stances of Hillary Clinton and John McCain.






Clinton Video links:
1. HRC's IWR floor speech, 2002
2. HRC on Iraq in March 2003
3. On HRC and her Kyl-Lieberman vote

McCain video links:
1. John McCain Says More Wars
2. McCain: 'Make it 100!
3. McCain: I Would Have Started Iraq War Regardless Of WMD
4. McCain laughs, Sings Bomb Iran
5. McCain on Charlie Rose: September 24, 2002

Hillary Clinton gives the excuse that she voted only to get the UN inspectors back in to Iraq. That excuse does not hold scrutiny because when the inspectors did get in and were in fact reporting that no WMD could be found, she didn't tell Bush not to invade. Instead, she was cheerleading Bush towards an invasion:

The UN inspectors said:

March 7, 2003
Dr. Mohamed ElBaradei, IAEA: After three months of intrusive inspections, we have to date found no evidence or plausible indication of the revival of a nuclear weapon program in Iraq.

Dr. Hans Blix, Chief U.N. weapons inspector: How much time would it take to resolve the key remaining disarmament tasks? While cooperation can -- cooperation can and is to be immediate, disarmament, and at any rate verification of it, cannot be instant. Even with a proactive Iraqi attitude induced by continued outside pressure, it will still take some time to verify sites and items, analyze documents, interview relevant persons and draw conclusions. It will not take years, nor weeks, but months.

UN Inspector Videos. March 2003.




1. ElBaradei's U.N. presentation Part 1
2. ElBaradei's U.N. presentation Part 2
3. Blix's U.N. presentation Part 1
4. Blix's U.N. presentation Part 2
(H/T lovingj)


Hillary Clinton's press release:

March 17, 2003

Statement of Senator Hillary Rodham Clinton on the President's Remarks to the Nation

When the President of the United States addresses the nation about possible military action, it is a solemn occasion for every American. Tonight, the President gave Saddam Hussein one last chance to avoid war, and the world hopes that Saddam Hussein will finally hear this ultimatum, understand the severity of those words, and act accordingly. While we wish there were more international support for the effort to disarm Saddam Hussein, at this critical juncture it is important for all of us to come together in support of our troops and pray that, if war does occur, this mission is accomplished swiftly and decisively with minimum loss of life and civilian casualties. I have had the honor of meeting and speaking with many of our brave men and women in uniform. They are the best trained, equipped, and motivated military in the entire world, we support them fully and we are grateful for their courageous service in these difficult times.


The Bush ultimatum that Clinton was refering to was this:
Bush: 'Leave Iraq within 48 hours'

Monday, March 17, 2003

All the decades of deceit and cruelty have now reached an end. Saddam Hussein and his sons must leave Iraq within 48 hours. Their refusal to do so will result in military conflict commenced at a time of our choosing.


Clearly, Hillary Clinton was siding with Bush and thus cheerleading the war on March 17, 2003, despite the UN inspector reports from March 7, 2003. That establishes her excuse about the UN inspections as invalid.

As for John McCain, he has the audacity to say --despite all that we have seen-- that he would've voted to authorize the war even knowing that no WMD would be found. McCain's 2003 statements on the war can be found here: "John McCain on the War in Iraq".

I would not call Barack Obama a pacifist. His philosophy is that it is important to distinguish between necessary and unnecessary wars and that we should not employ our military might recklessly. He opposed the Iraq war on the basis of the fact that Saddam Hussein was not an imminent threat.

I don't oppose all wars. And I know that in this crowd today, there is no shortage of patriots, or of patriotism. What I am opposed to is a dumb war. What I am opposed to is a rash war. What I am opposed to is the cynical attempt by Richard Perle and Paul Wolfowitz and other arm-chair, weekend warriors in this Administration to shove their own ideological agendas down our throats, irrespective of the costs in lives lost and in hardships borne.

What I am opposed to is the attempt by political hacks like Karl Rove to distract us from a rise in the uninsured, a rise in the poverty rate, a drop in the median income – to distract us from corporate scandals and a stock market that has just gone through the worst month since the Great Depression.

That's what I'm opposed to. A dumb war. A rash war. A war based not on reason but on passion, not on principle but on politics.

Now let me be clear – I suffer no illusions about Saddam Hussein. He is a brutal man. A ruthless man. A man who butchers his own people to secure his own power. He has repeatedly defied UN resolutions, thwarted UN inspection teams, developed chemical and biological weapons, and coveted nuclear capacity.

He's a bad guy. The world, and the Iraqi people, would be better off without him.

But I also know that Saddam poses no imminent and direct threat to the United States, or to his neighbors, that the Iraqi economy is in shambles, that the Iraqi military a fraction of its former strength, and that in concert with the international community he can be contained until, in the way of all petty dictators, he falls away into the dustbin of history.

I know that even a successful war against Iraq will require a US occupation of undetermined length, at undetermined cost, with undetermined consequences. I know that an invasion of Iraq without a clear rationale and without strong international support will only fan the flames of the Middle East, and encourage the worst, rather than best, impulses of the Arab world, and strengthen the recruitment arm of al-Qaeda.

I am not opposed to all wars. I'm opposed to dumb wars.

-- Barack Obama, October 2002.


In the days leading up to the war in March 2003, Obama continued his opposition to the invasion as posted above:

MAR 2003: Obama Challenged Other Candidates To Take A Position On Iraq War. The AP wrote, "Barack Obama is criticizing the idea of war against Iraq and challenging his Democratic opponents in the U.S. Senate race to take a stand on the question...Issuing the challenge at a weekend speech in Champaign, Obama said he does not oppose war if it's necessary. But he believes Iraqi leader Saddam Hussein poses no immediate threat and that, with Iraq's economy in shambles, he can be "contained" until internal pressures force him out...Obama said candidates wishing to unseat Republican Sen. Peter Fitzgerald in 2004 should speak up now as the Bush administration moves closer to using military force against Iraq. `What's tempting is to take the path of least resistance and keep quiet on the issue, knowing that maybe in two or three or six months, at least the fighting will be over and you can see how it plays itself out,' said Obama, a state senator from Chicago." (AP, 3/3/2003)

MAR 2003: Obama Said It's Not Too Late To Stop The War. "State Sen. Barack Obama (D-Chicago) told the crowd, `It's not too late' to stop the war." (Chicago Sun- Times, 3/17/03)
Link

Clearly, Obama strongly opposed the invasion of Iraq. This video contains clips about Obama's consistent opposition to the invasion of Iraq:


Video URL: Obama on Iraq



Obama also recognizes that once we went in and wrecked Iraq's capacity to fend for itself, we need to leave Iraq more responsibly than we were in invading Iraq, in the interests of ensuring a sustainable Iraq, the stability of the region and not allowing Al Queda that has settled into Iraq following the invasion (and has setup a base of operations in Iraq as he surmised it would in his October 2002 speech) to succeed. Here are Obama's thoughts on and his plan to ending the war in Iraq responsibly.

Barack Obama's Plan for Iraq
Plan pdf version

Judgment You Can Trust

As a candidate for the United States Senate in 2002, Obama put his political career on the line to oppose going to war in Iraq, and warned of "an occupation of undetermined length, with undetermined costs, and undetermined consequences." Obama has been a consistent, principled and vocal opponent of the war in Iraq.

* In 2003 and 2004, he spoke out against the war on the campaign trail;
* In 2005, he called for a phased withdrawal of our troops;
* In 2006, he called for a timetable to remove our troops, a political solution within Iraq, and aggressive diplomacy with all of Iraq's neighbors;
* In January 2007, he introduced legislation in the Senate to remove all of our combat troops from Iraq by March 2008.
* In September 2007, he laid out a detailed plan for how he will end the war as president.

Bringing Our Troops Home

Obama will immediately begin to remove our troops from Iraq. He will remove one to two combat brigades each month, and have all of our combat brigades out of Iraq within 16 months. Obama will make it clear that we will not build any permanent bases in Iraq. He will keep some troops in Iraq to protect our embassy and diplomats; if al Qaeda attempts to build a base within Iraq, he will keep troops in Iraq or elsewhere in the region to carry out targeted strikes on al Qaeda.

Press Iraq's Leaders to Reconcile

The best way to press Iraq's leaders to take responsibility for their future is to make it clear that we are leaving. As we remove our troops, Obama will engage representatives from all levels of Iraqi society – in and out of government – to seek a new accord on Iraq's Constitution and governance. The United Nations will play a central role in this convention, which should not adjourn until a new national accord is reached addressing tough questions like federalism and oil revenue-sharing.

Regional Diplomacy

Obama will launch the most aggressive diplomatic effort in recent American history to reach a new compact on the stability of Iraq and the Middle East. This effort will include all of Iraq's neighbors — including Iran and Syria. This compact will aim to secure Iraq's borders; keep neighboring countries from meddling inside Iraq; isolate al Qaeda; support reconciliation among Iraq's sectarian groups; and provide financial support for Iraq's reconstruction.

Humanitarian Initiative

Obama believes that America has a moral and security responsibility to confront Iraq's humanitarian crisis — two million Iraqis are refugees; two million more are displaced inside their own country. Obama will form an international working group to address this crisis. He will provide at least $2 billion to expand services to Iraqi refugees in neighboring countries, and ensure that Iraqis inside their own country can find a safe-haven.


Sen. Graham's recent remarks are worth noting:

Bob Graham: Iraq War Vote Was Commander In Chief Test

March 14, 2008 10:13 AM

"I don't believe there is a school you can go to, to train to be commander-in-chief," Graham said in an interview with the Huffington Post. "I think the qualities you are looking for would include, judgment, the willingness to surround yourself with strong people, listening to a diversity of ideas and then forming a conclusion. I think curiosity is important.

"If there had been a little more curiosity in the fall 2002 -- if the questions had been asked -- (it) would have raised a lot of suspicions," he said, referencing the Iraq war authorization vote. "I think you have to look to see whether those qualities exist. And if they do, you have reason to believe that the person who has those qualities would become an effective commander-in-chief."


Obama spoke about Iraq today in a speech in Fayetteville, NC. Rawstory has the transcript:

Remarks of Senator Barack Obama
The World Beyond Iraq

Fayetteville, NC

March 19, 2008

As Prepared for Delivery


Here is youtube video footage of his speech:


Video URL: Obama Discusses Iraq and McCain in Fayetteville, NC

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Monday, March 3, 2008

Iraq War Resolution (IWR/AUMF)

Authorization for Use of Military Force Against Iraq Resolution of 2002 (Enrolled as Agreed to or Passed by Both House and Senate)

--H.J.Res.114--

H.J.Res.114

One Hundred Seventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the twenty-third day of January, two thousand and two

Joint Resolution

To authorize the use of United States Armed Forces against Iraq.

Whereas in 1990 in response to Iraq's war of aggression against and illegal occupation of Kuwait, the United States forged a coalition of nations to liberate Kuwait and its people in order to defend the national security of the United States and enforce United Nations Security Council resolutions relating to Iraq;

Whereas after the liberation of Kuwait in 1991, Iraq entered into a United Nations sponsored cease-fire agreement pursuant to which Iraq unequivocally agreed, among other things, to eliminate its nuclear, biological, and chemical weapons programs and the means to deliver and develop them, and to end its support for international terrorism;

Whereas the efforts of international weapons inspectors, United States intelligence agencies, and Iraqi defectors led to the discovery that Iraq had large stockpiles of chemical weapons and a large scale biological weapons program, and that Iraq had an advanced nuclear weapons development program that was much closer to producing a nuclear weapon than intelligence reporting had previously indicated;

Whereas Iraq, in direct and flagrant violation of the cease-fire, attempted to thwart the efforts of weapons inspectors to identify and destroy Iraq's weapons of mass destruction stockpiles and development capabilities, which finally resulted in the withdrawal of inspectors from Iraq on October 31, 1998;

Whereas in Public Law 105-235 (August 14, 1998), Congress concluded that Iraq's continuing weapons of mass destruction programs threatened vital United States interests and international peace and security, declared Iraq to be in `material and unacceptable breach of its international obligations' and urged the President `to take appropriate action, in accordance with the Constitution and relevant laws of the United States, to bring Iraq into compliance with its international obligations';

Whereas Iraq both poses a continuing threat to the national security of the United States and international peace and security in the Persian Gulf region and remains in material and unacceptable breach of its international obligations by, among other things, continuing to possess and develop a significant chemical and biological weapons capability, actively seeking a nuclear weapons capability, and supporting and harboring terrorist organizations;

Whereas Iraq persists in violating resolution of the United Nations Security Council by continuing to engage in brutal repression of its civilian population thereby threatening international peace and security in the region, by refusing to release, repatriate, or account for non-Iraqi citizens wrongfully detained by Iraq, including an American serviceman, and by failing to return property wrongfully seized by Iraq from Kuwait;

Whereas the current Iraqi regime has demonstrated its capability and willingness to use weapons of mass destruction against other nations and its own people;

Whereas the current Iraqi regime has demonstrated its continuing hostility toward, and willingness to attack, the United States, including by attempting in 1993 to assassinate former President Bush and by firing on many thousands of occasions on United States and Coalition Armed Forces engaged in enforcing the resolutions of the United Nations Security Council;

Whereas members of al Qaida, an organization bearing responsibility for attacks on the United States, its citizens, and interests, including the attacks that occurred on September 11, 2001, are known to be in Iraq;

Whereas Iraq continues to aid and harbor other international terrorist organizations, including organizations that threaten the lives and safety of United States citizens;

Whereas the attacks on the United States of September 11, 2001, underscored the gravity of the threat posed by the acquisition of weapons of mass destruction by international terrorist organizations;

Whereas Iraq's demonstrated capability and willingness to use weapons of mass destruction, the risk that the current Iraqi regime will either employ those weapons to launch a surprise attack against the United States or its Armed Forces or provide them to international terrorists who would do so, and the extreme magnitude of harm that would result to the United States and its citizens from such an attack, combine to justify action by the United States to defend itself;

Whereas United Nations Security Council Resolution 678 (1990) authorizes the use of all necessary means to enforce United Nations Security Council Resolution 660 (1990) and subsequent relevant resolutions and to compel Iraq to cease certain activities that threaten international peace and security, including the development of weapons of mass destruction and refusal or obstruction of United Nations weapons inspections in violation of United Nations Security Council Resolution 687 (1991), repression of its civilian population in violation of United Nations Security Council Resolution 688 (1991), and threatening its neighbors or United Nations operations in Iraq in violation of United Nations Security Council Resolution 949 (1994);

Whereas in the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1), Congress has authorized the President `to use United States Armed Forces pursuant to United Nations Security Council Resolution 678 (1990) in order to achieve implementation of Security Council Resolution 660, 661, 662, 664, 665, 666, 667, 669, 670, 674, and 677';

Whereas in December 1991, Congress expressed its sense that it `supports the use of all necessary means to achieve the goals of United Nations Security Council Resolution 687 as being consistent with the Authorization of Use of Military Force Against Iraq Resolution (Public Law 102-1),' that Iraq's repression of its civilian population violates United Nations Security Council Resolution 688 and `constitutes a continuing threat to the peace, security, and stability of the Persian Gulf region,' and that Congress, `supports the use of all necessary means to achieve the goals of United Nations Security Council Resolution 688';

Whereas the Iraq Liberation Act of 1998 (Public Law 105-338) expressed the sense of Congress that it should be the policy of the United States to support efforts to remove from power the current Iraqi regime and promote the emergence of a democratic government to replace that regime;

Whereas on September 12, 2002, President Bush committed the United States to `work with the United Nations Security Council to meet our common challenge' posed by Iraq and to `work for the necessary resolutions,' while also making clear that `the Security Council resolutions will be enforced, and the just demands of peace and security will be met, or action will be unavoidable';

Whereas the United States is determined to prosecute the war on terrorism and Iraq's ongoing support for international terrorist groups combined with its development of weapons of mass destruction in direct violation of its obligations under the 1991 cease-fire and other United Nations Security Council resolutions make clear that it is in the national security interests of the United States and in furtherance of the war on terrorism that all relevant United Nations Security Council resolutions be enforced, including through the use of force if necessary;

Whereas Congress has taken steps to pursue vigorously the war on terrorism through the provision of authorities and funding requested by the President to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such persons or organizations;

Whereas the President and Congress are determined to continue to take all appropriate actions against international terrorists and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such persons or organizations;

Whereas the President has authority under the Constitution to take action in order to deter and prevent acts of international terrorism against the United States, as Congress recognized in the joint resolution on Authorization for Use of Military Force (Public Law 107-40); and

Whereas it is in the national security interests of the United States to restore international peace and security to the Persian Gulf region: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

H.J. Res. 114
Text of the Legislation (choose: #5, (H.J.RES.114.ENR))

Levin on Levin

Sen. Levin’s explanation (click the link "Page: S10191") of what was objectionable with the White House/Lieberman version of the war resolution and how his amendment would attempt to rectify those objections:
Mr. LEVIN. Mr. President, this amendment will provide an alternative to the Lieberman amendment. This amendment will authorize the President to use military force supporting the U.N. resolution that he seeks, but then provides that if he seeks to go it alone, if he wants authority to proceed unilaterally, he would then call us back into session.

This amendment provides that if the President then seeks authority to unilaterally go it alone without the authority of the United Nations, not in support of a U.N. resolution, he would then call us back into session and seek that authority from the Congress.

This is an alternative to the unilateral approach which is in the White House-supported resolution. This gives the same authority to the President to use military force of the United States in support of the U.N. resolution that he seeks, but does not at this time address the issue of going it alone and authorizing unilateral action or saving that for a later time should the United Nations not act.

President Bush described in Cincinnati in detail the threat that Saddam Hussein’s regime poses.

Mr. WARNER. Mr. President, I wonder if my friend will yield for a moment. I just discovered in the haste of activities that the distinguished chairman of the Armed Services Committee has 30 minutes to present his amendment.

The PRESIDING OFFICER. The Senator is correct.

Mr. WARNER. And then there is no time reserved for the Senator from Virginia to do any rebuttal following that amendment, but there is now time given to the Senator from Maryland, Mr. Sarbanes, immediately following the Senator from Michigan; is that correct?

The PRESIDING OFFICER. That is correct.

Mr. WARNER. How much time is that?

The PRESIDING OFFICER (Mr. NELSON of Florida). Thirty minutes.

Mr. WARNER. I yield the floor.

The PRESIDING OFFICER. The Senator from Michigan.

Mr. LEVIN. Mr. President, President Bush described in Cincinnati in detail the threat that the Saddam Hussein regime poses. I have relatively few differences with that description, and I believe if Saddam Hussein continues to refuse to meet his obligation to destroy his weapons of mass destruction and his prohibited missile delivery systems, that the United Nations should authorize member states to use military force to destroy those weapons and systems and that the United States Armed Forces should participate in and lead a United Nations authorized force. That is what my amendment provides.

The issue that is in dispute is whether unilateral force should be authorized by Congress at this time in case the United Nations does not act–whether we should authorize the President now to go it alone without U.N. authorization if the United Nations does not act. How we answer that question could have a profound and lasting effect on the safety of our children and grandchildren for decades to come because the difference between attacking a nation with the support of the world community or attacking it without such support is fundamental.

The President answers the question by seeking a resolution from Congress that gives him the authority to use force under the auspices of the United Nations or to go it alone if the United Nations fails to act. He seeks this unilateral authority even though he does not condition its use

on the threat to the United States by Saddam as being imminent.

Indeed, the President stated in the national security strategy that was released by the White House last month that preemptive attacks to forestall or prevent hostile acts by our adversaries can now be undertaken although a threat is not imminent.

The new strategy the President has adopted explicitly states:

We just adapt the concept of imminent threat to the capabilities and objectives of today’s adversaries. Rogue states and terrorists do not seek to attack us using conventional means.

The President’s Iraq resolution and the national security strategy, therefore, both take the position that an imminent threat is no longer required as a basis for our military action in self-defense. The President is explicitly seeking to modify the traditional concept of preemption by deleting the need for “imminent” and substituting that of “sufficient threat” in the strategy document and “continuing threat” in the proposed resolution–dropping the requirement for “imminent”–that the threat be imminent–and substituting something far less–“sufficient” or “continuing.”

That the President is seeking authorization for a unilateral preemptive attack without U.N. authorization or requirement of imminent threat is at the heart of the Senate debate that is presently taking place.

Under the traditional international law concept of preemption in self-defense, the United States would be justified in acting alone in the case of a serious threat to our Nation that is imminent. In a case where a threat is not imminent, military action would also be justified if it were carried out pursuant to the authorization for the use of force by member states of the United Nations.

The choice facing the Senate is whether Congress should now, at this time, give the President the authority to go it alone, to act unilaterally against Iraq if the United Nations fails to act.

Congress is being presented with this issue at the very same time our Secretary of State is trying to get the United Nations to back a tough new resolution authorizing member states to use military force to enforce Iraqi compliance with inspections and disarmament.

On Monday, the President said:

I have asked Congress to authorize use of America’s military if it proves necessary to enforce U.N. Security Council demands.

That sounds like my alternative, but in fact the White House resolution asks for much more.

The resolution the White House seeks is not limited to the use of force if the United Nations authorizes it. On the contrary, it specifically authorizes now the use of force on a unilateral, go-it-alone basis, that is, without Security Council authorization. The President’s rhetoric does not match the resolution before us.

The White House approach also authorizes the use of force beyond dealing with Iraq’s weapons of mass destruction and their means of delivery, which is also a difference from my resolution.

The resolution which I offer on behalf of those cosponsors and myself is consistent with how I think most Americans want us to proceed. It emphasizes the importance of dealing with Iraq on a multilateral basis, and it withholds judgment at this time on the question of whether the United States should go it alone, that is, whether we should act unilaterally against Iraq if the United Nations fails to act.

This resolution I am offering does the following: First, it urges the United Nations Security Council to adopt a resolution promptly that demands unconditional access for U.N. inspectors so Iraq’s weapons of mass destruction and prohibited ballistic missiles may be located and destroyed, and within that same U.N. resolution authorizes the use of necessary and appropriate force by U.N. member states as a means of enforcement in the event that Iraq refuses to comply.

Our resolution also specifically authorizes use of United States Armed Forces pursuant to that U.N. Security Council resolution if Iraq fails to comply with its terms and the President informs the Congress of his determination that the United States has used appropriate diplomatic and other peaceful means to obtain Iraqi compliance with such a U.N. resolution. Our resolution affirms that under international law and under the U.N. charter, especially article 51, the United States has at all times the inherent right to use military force in self-defense. This affirms the fact that there is no U.N. veto over U.S. military action.

I repeat that because some of our colleagues have suggested otherwise about our resolution. The resolution we are offering explicitly affirms the fact there is no U.N. veto over U.S. military action because we state explicitly the United States has at all times an inherent right to use military force in self-defense. Our resolution also provides Congress will not adjourn sine die so that Congress can return to session, if necessary, and promptly consider proposals relative to Iraq if, in the judgment of the President, the U.N. Security Council does not promptly act on the resolution I have described above.

Our resolution therefore supports the President’s appeal to the United Nations and it approves now the use of our Armed Forces to support the action of the United Nations to force compliance by Saddam Hussein with inspections and disarmament. However, it does not authorize now, before we know whether or not we have the world community on our side, U.S. Armed Forces going alone. Should we need to consider that possibility at a future time, the resolution provides for the immediate recall of Congress to do so.

Our resolution does not, on the matter of war and peace, life and death, exceed the grant of authority needed by the President at this time.

If Congress instead endorses the White House approach, allowing the unilateral use of force at this time, even in the absence of a U.N. authorization, we will be sending an inconsistent message. We will be telling the United Nations

that if they do not act, we will, at the same time we are urging them to act. We would be taking the U.N. off the hook if we adopt the go-it-alone resolution. We would be telling the United Nations they are not particularly relevant at the same time we are urging them to be very relevant. If we want the United Nations to be relevant and credible, if we want the United Nations to succeed, if we want the United Nations not to be limited to humanitarian and disaster relief and other tasks that are mighty useful but not essential–and I think most of us do–then we have to focus our efforts there and give those efforts a chance to succeed.

If we act wisely, authorizing the use of our forces pursuant to a U.N. resolution authorizing member States to use force, we will not only unite the Congress, ultimately we will unite the world community on a course of action that will seek the elimination of Saddam Hussein’s ability to threaten the world with weapons of mass destruction. That is where our focus should be, uniting the world, not dividing it. Moreover, a going-alone approach, in which we attack Iraq without the support and participation of the world community, entails serious risks and could have serious consequences for us in the Middle East and around the world. It makes a difference, when deciding to use force, whether that use of force has the support of the world community. It makes a difference for us in the current situation involving a possible attack on Iraq. If we go it alone, will we be able to use air bases, ports, supply bases, overflight rights in the region? Those rights and capabilities are important to the success of a military operation against Saddam.

The Saudis have said publicly that without the U.N. authorization, we will not have access to important bases, and that is just one country. Others have said something very similar. If we go it alone, will there be a reduction in the broad international support for the war on terrorism, including the law enforcement, financial and intelligence cooperation that is so essential? If we go it alone, will that destabilize an already volatile region and undermine governments such as Jordan and Pakistan? Could we possibly end up with a radical regime in Pakistan, a country which has nuclear weapons? If we go it alone, will Saddam Hussein or his military commanders be more likely to use weapons of mass destruction against other nations in the region and against our military forces in response to our attack? That would be the case if he faced a U.N.-authorized coalition, particularly if that coalition included Muslim nations as the coalition did during the gulf war.

If we go it alone, will we be undercutting efforts to get other countries to help us with the expensive and lengthy task of stabilizing Iraq after Saddam is removed? Beyond the current situation relative to using force in Iraq, going it alone without U.N. authorization, based on a modified concept of preemption that no longer requires the threat to be imminent, will lead to a serious risk to international peace and security. If we act unilaterally, without U.N. authority or an imminent threat, that will create a dangerous situation for international peace and stability in the long term. We will be inviting other nations to forego an important rule of international law requiring a serious and imminent threat before one nation can attack another nation in the name of self-defense.

India and Pakistan have a continuing threat, in their view, from each other. Even Greece and Turkey at times view each other as a continuing threat. If that becomes the test, and if we set the precedent in this resolution to authorize that kind of attack, in the absence of an imminent threat, we will be setting the world on a very different course, and we must consider a long time before doing that. That is what we should be called back into session to consider if the U.N. does not authorize force.

By seeking a U.N. resolution that will authorize U.N. member States to use force if Iraq does not comply with its terms, we are not giving the United Nations a veto over the conduct of our foreign policy. What we are doing is getting from the United Nations strength and international support should military force be necessary. We should be seeking to unite the world against Saddam Hussein, not dividing it. Our immediate objective should be to get the United Nations to act, locate, and destroy Iraq’s weapons of mass destruction and the means of delivering them. The threat Saddam presents is real and we should deal with it.

But authorization for preemptive, unilateral U.S. action in Iraq does not need to, and should not be granted at this time. If the U.N. does not act, Congress can be called back promptly to consider a request to authorize force unilaterally and to consider the serious and different risks involved in pursuing the unilateral course.

Last Monday’s Washington Post carried a story in which a senior European official’s response to the U.S. going it alone was:

A lot of Europeans would feel they had been put in an intolerable position.

For those who would agree to participate militarily:

….. it would be less a coalition of the willing than of the dragooned.

Javier Solana, former NATO Secretary-General, currently the EU’s top foreign policy official, in an address at NATO headquarters last week stated:

Ad hoc coalitions of docile followers to be chosen or discarded at will is neither attractive nor sustainable.

Just last week, after hearing from Prime Minister Blair and Foreign Minister Straw, the ruling Labor Party’s conference in Britain issued a formal position on Iraq that included the following:

The conference believes that the authority of the U.N. will be undermined unless it is enforced, and recognizes that in the last resort this could involve military action but considers that this should be taken within the context of international law and with the authority of the U.N.

Just last Friday, Turkey’s Presidential spokesman said his nation would participate in a campaign against Iraq only if the world body blessed them, stating “an operation not based on international law cannot be accepted.”

The best chance of having Saddam Hussein comply with U.N. Security Council resolutions is to make sure when he looks down the barrel of a gun that he sees the world at the other end, not just the United States. I believe he will not open up to inspections without looking down the barrel of a gun. I think only the credible threat of force will, indeed, disarm Saddam Hussein. But the question remains whether or not we want that force to be the world’s authorized, supported force, or whether or not we at this time want to say, well, if they don’t, we will. We will go it alone. When we do not need to address that issue at this time when the President is going to the United Nations, when it undermines our argument at the United Nations that we want them and need them to adopt a strong resolution, to enforce it, to authorize member states to use military force to enforce it. That is the direction we should be going, that is the focus we should have, and it should be strong and undiluted, the question of whether we authorize at this time a go-it-alone approach, when that is not what is needed at this time.

Congress should give the President what he said in Cincinnati he was asking for: The authority to use U.S. military force to enforce U.S. Security Council demands; not what the resolution that is supported by the White House provides, which is going-it-alone authority. Our focus then would be where it belongs, securing a United Nations resolution that can unite the world; that has the best chance of forcing compliance and avoiding war; that reduces the risk to our forces and to our interests throughout the world; that avoids to the maximum extent possible the negative consequences if force is required, including the loss of cooperation on the war on terrorism. That is the best chance of isolating Saddam Hussein, rather than isolating the United States.

I wonder how much time I have remaining?

Ms. STABENOW. Will the Senator yield?

The PRESIDING OFFICER. The Senator has 10 minutes.

Mr. LEVIN. I am happy to yield 4 minutes to my colleague from Michigan.

Ms. STABENOW. Mr. President, I thank my colleague and friend from Michigan for his thoughtful approach. I believe what Senator Levin has put forward is the right approach. It minimizes the risk to our country, to our troops, and maximizes the ability for the world community, including the United States, to come together, to make sure that Saddam Hussein does not have the opportunity to use weapons of mass destruction against us or against anyone else in the world.

I would, just to support Senator Levin, quote again as I did last week on the floor of the Senate in my own statement, Brent Scowcroft, former National Security Adviser to President Bush, who wrote in the Wall Street Journal: An attack on Iraq at this time would seriously jeopardize, if not destroy, the global counterterrorism campaign we have undertaken. Ignoring that clear world sentiment against an attack would result in a serious degradation in international cooperation



Levin Amendment Text

The amendment is as follows:
(Purpose: To authorize the use of the United States Armed Forces, pursuant to a new resolution of the United Nations Security Council, to destroy, remove, or render harmless Iraq's weapons of mass destruction, nuclear weapons-usable material, long-range ballistic missiles, and related facilities, and for other purposes)

In lieu of the matter proposed to be inserted by the amendment, insert the following:

SECTION. 1. SHORT TITLE.

This joint resolution may be cited as the ``Multilateral Use of Force Authorization Act of 2002''.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) In accordance with United Nations Security Council Resolution 687 (1991), Iraq made a commitment--

(A) to destroy, remove, or render harmless all chemical and biological weapons and stocks of agents and all related subsystems and components and all research, development, support, and manufacturing facilities related thereto;

(B) to destroy, remove, or render harmless all ballistic missiles with a range greater than 150 kilometers, and related major parts and production facilities;

(C) not to acquire or develop any nuclear weapons, nuclear-weapons-usable material, nuclear-related subsystems or components, or nuclear-related research, development, support, or manufacturing facilities; and

(D) to permit immediate on-site inspection of Iraq's biological, chemical, and missile capabilities, and assist the International Atomic Energy Agency in carrying out the destruction, removal, or rendering harmless of all nuclear-related items and in developing a plan for ongoing monitoring and verification of Iraq's compliance.

(2) The regime of Saddam Hussein consistently refused to cooperate with United Nations Special Commission weapons inspectors in Iraq between 1991 and 1998 by denying them access to crucial people, sites, and documents.

(3) On October 31, 1998, Iraq banned the United Nations weapons inspectors despite its agreement and obligation to comply with United Nations Security Council Resolution 687 (1991).

(4) Iraq continues to develop weapons of mass destruction, in violation of its commitments under United Nations Security Council Resolution 687 (1991) and subsequent resolutions, and the regime of Saddam Hussein has used weapons of mass destruction against its own people and other nations.

(5) The development of weapons of mass destruction by Iraq is a threat to the United States, to the friends and allies of the United States in the Middle East, and to international peace and security.

SEC. 3. CONGRESSIONAL POLICY FOR UNITED NATIONS SECURITY COUNCIL ACTION ON IRAQ.

Congress--

(1) supports the President's call for the United Nations to address the threat to international peace and security posed by Saddam Hussein's continued refusal to meet Iraq's obligations under resolutions of the United Nations Security Council to accept the destruction, removal, or rendering harmless of its weapons of mass destruction, nuclear weapons-usable material, ballistic missiles with a range in excess of 150 kilometers, and related facilities, and to cease the development, production, or acquisition of such weapons, materials, and missiles;

(2) urges the United Nations Security Council to adopt promptly a resolution that--

(A) demands that Iraq provide immediate, unconditional, and unrestricted access of the United Nations weapons inspectors so that Iraq's weapons of mass destruction, nuclear weapons-usable material, ballistic missiles with a range in excess of 150 kilometers, and related facilities are destroyed, removed, or rendered harmless; and

(B) authorizes the use of necessary and appropriate military force by member states of the United Nations to enforce such resolution in the event that the Government of Iraq refuses to comply;

(3) affirms that, under international law and the United Nations Charter, the United States has at all times the inherent right to use military force in self-defense; and

(4) will not adjourn sine die this year and will return to session at any time before the next Congress convenes to consider promptly proposals relative to Iraq if in the judgment of the President the United Nations Security Council fails to adopt or enforce the resolution described in paragraph (2).

SEC. 4. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES PURSUANT TO A NEW UNITED NATIONS SECURITY COUNCIL RESOLUTION.

(a) AUTHORIZATION.--Pursuant to a resolution of the United Nations Security Council described in section 3(2) that is adopted after the enactment of this joint resolution, and subject to subsection (b), the President is authorized to use the Armed Forces of the United States to destroy, remove, or render harmless Iraq's weapons of mass destruction, nuclear weapons-usable material, ballistic missiles with a range greater than 150 kilometers, and related facilities, if Iraq fails to comply with the terms of the Security Council resolution.

(b) REQUIREMENTS.--Before the authority granted in subsection (a) is exercised, the President shall make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that the United States has used appropriate diplomatic and other peaceful means to obtain compliance by Iraq with a resolution of the United Nations Security Council described in section 3(2) and that those efforts have not been and are not likely to be successful in obtaining such compliance.

(c) WAR POWERS RESOLUTION REQUIREMENTS.--

(1) SPECIFIC STATUTORY AUTHORIZATION.--Consistent with section 8(a)(1) of the War Powers Resolution, Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution (22 U.S.C. 1544(b)).

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

SEC. 5. REPORTS TO CONGRESS.

Not later than 60 days after the date of enactment of this joint resolution, and at least once during every 60-day period thereafter, the President shall submit to Congress a report containing a summary of the status of efforts--

(1) to have the United Nations Security Council adopt the resolution described in section 3(2); or

(2) in the case of the adoption of such resolution, to obtain compliance by Iraq with the resolution.



Levin Amendment Roll Call:

Vote Summary

Question: On the Amendment (Levin Amdt. No. 4862 )
Vote Number: 235 Vote Date: October 10, 2002, 03:08 PM
Required For Majority: 1/2 Vote Result: Amendment Rejected
Amendment Number: S.Amdt. 4862 to S.Amdt. 4856 to S.J.Res. 45
Statement of Purpose: To authorize the use of the United States Armed Forces, pursuant to a new resolution of the United Nations Security Council, to destroy, remove, or render harmless Iraq's weapons of mass destruction, nuclear weapons-usable material, long-range ballistic missiles, and related facilities, and for other purposes.
Vote Counts: YEAs 24
NAYs 75
Not Voting 1

Arizona: McCain (R-AZ), Nay
New York: Clinton (D-NY), Nay


Finally, please see also:

The Senate’s Forgotten Iraq Choice
By LINCOLN D. CHAFEE
Published: March 1, 2007