Criminal Negligence

Neil Lewis of the New York Times updates us on the Zacarias Moussaoui trial.

The F.B.I. agent who arrested and interrogated Zacarias Moussaoui just weeks before the attacks of Sept. 11, 2001, told a jury today that his efforts to confirm his strong suspicions that Mr. Moussaoui was involved in a terrorist airline hijacking plot were thwarted by senior bureau officials in Washington who acted out of negligence and a need to protect their careers.

… “I accused the people in F.B.I. headquarters of criminal negligence” in an interview after Sept. 11, Mr. Samit acknowledged under questioning by Edward B. MacMahon Jr. He said that the senior agents in Washington “took a calculated risk not to advance the investigation” by refusing to seek search warrants for Mr. Moussaoui’s belongings and computer. “The wager was a national tragedy,” Mr. Samit testified.

Mr. Samit said that two senior agents declined to provide help in getting a search warrant, either through a special panel of judges that considers applications for foreign intelligence cases or through a normal application to any federal court for a criminal investigation.

As a field agent in Minnesota, he said he required help and approval from headquarters to continue his investigation. He acknowledged that he had written that Michael Maltbie, an agent in the F.B.I.’s radical fundamentalist unit, told him that applications for the special intelligence court warrants had proved troublesome for the bureau and seeking one “was just the kind of thing that would get F.B.I. agents in trouble.” He wrote that Mr. Maltbie had told him that “he was not about to let that happen to him.” During that period, the Foreign Intelligence Surveillance Act court, had complained about improper applications from the bureau.

Mr. Samit also acknowledged that he had written that David Frasca, a supervisor of the radical fundamentalist unit, had similarly blocked him from seeking a search warrant under the more common route in a criminal investigation. Some of the special court’s complaints dealt with the idea that law-enforcement officials were sometimes using the lower standard required for warrants in intelligence investigations and then using the information they obtained in criminal cases.

… The distinction between the two standards for obtaining warrants has since been eliminated following the Sept. 11 attacks. …

Although Mr. Samit was a government witness who sought to bolster the government’s case that he could have uncovered the plot had Mr. Moussaoui spoken to him truthfully, his responses to Mr. MacMahon today appeared to provide a lift for the defense. Mr. MacMahon sought to show that the problem was not with Mr. Moussaoui but with senior F.B.I. officials in Washington who would not budge no matter how hard Mr. Samit pressed them.

Remember, on several occasions Bushies have implied the Moussaoui investigation went nowhere before 9/11 because the FISA court wouldn’t approve a wiretap.

Moussaoui has already made a guilty plea. The current trial is to determine if he will get life in prison or execution.

Jeez, Righties Are So Gullible

Last night the Bush Administration began release of some Iraqi documents seized by U.S. intelligence after the invasion. John Solomon reports for the Associated Press:

The documents, the first of thousands expected to be declassified over the next several months, were released via a Pentagon Web site at the direction of National Intelligence Director John Negroponte.

Many were in Arabic _ with no English translation _ including one the administration said showed that Iraqi intelligence officials suspected al-Qaida members were inside Iraq in 2002.

The Pentagon Web site described that document this way: “2002 Iraqi Intelligence Correspondence concerning the presence of al-Qaida Members in Iraq. Correspondence between IRS members on a suspicion, later confirmed, of the presence of an Al-Qaeda terrorist group. Moreover, it includes photos and names.”

Various rightie pundits like Michael Barone and Stephen Hayes have been hyping these documents in recent weeks. Barone, for example, wrote ten days ago,

Light on the Saddam regime’s collaboration with terrorists will almost certainly be shed by analysis of some 2 million documents captured in Iraq. But, as the intrepid Stephen Hayes of The Weekly Standard has pointed out, almost none of those documents has been translated or released either to the public or to the congressional intelligence committees. It appears that career professionals and, perhaps, political appointees have been blocking release of these documents.

Oooo, the dreaded career professionals.

Why do their superiors not order them released? Many Americans cling with religious intensity to the notion that somehow Saddam had no terrorist ties — a notion used to delegitimize our war effort. We should bring the truth, or as much of it as is available, out into the open.

I commented on this Barone screed here.

Looking back, the recent hyping of and now the release of these documents seems just a little too … coordinated. Especially since it seems timed to the beginning of an air war against North Viet Nam insurgent strongholds in Iraq.

And it was also timed to the release today of a Bush foreign policy document that restates the “Bush Doctrine” — the right to pre-empt threats, e.g. invade anybody we damn well like — and which also states “We face no greater challenge from a single country than from Iran.”

We know where this is going, don’t we?

But the real knee-slapper is this … the usual tools are hyping the Saddam-al Qaeda connection with a vengeance. Al Qaeda was in Iraq before the invasion! This guy writes (under the headline “Saddam Tied to al Qaeda”) “Consider this the final nail in the coffin of the liberal fantasy about Al Qaeda ties to Iraq.” Another found a photo of Abu Musab al-Zarqawi in the documents!

Do these people have fewer than three functioning brain cells apiece? Or were they not paying attention?

OF COURSE Abu Musab al-Zarqawi was in Iraq before the invasion. And he was running terrorist training camps in Iraq before the invasion. This is not a secret. Everybody knows this. I’ve even written about it myself several times.

But here is the part the bleepheads of the Right never get through their impenetrable skulls: Zarqawi was operating in Iraqi KURDISTAN, an area of northern Iraq that had become a safe haven for Kurds. He was in a part of Iraq over which Saddam Hussein had no control. He was, in fact, in part of Iraq controlled by our buddies, the Kurds. Kurdish autonomy had been shielded by U.S. air power since the end of the 1991 war.

Now, here is the juicy part. Fred Kaplan wrote in Slate, April 14, 2004 (righties, this is for you, so pay attention):

Apparently, Bush had three opportunities, long before the war, to destroy a terrorist camp in northern Iraq run by Abu Musab Zarqawi, the al-Qaida associate who recently cut off the head of Nicholas Berg. But the White House decided not to carry out the attack because, as the [NBC News] story puts it:

    [T]he administration feared [that] destroying the terrorist camp in Iraq could undercut its case for war against Saddam.

The implications of this are more shocking, in their way, than the news from Abu Ghraib. Bush promoted the invasion of Iraq as a vital battle in the war on terrorism, a continuation of our response to 9/11. Here was a chance to wipe out a high-ranking terrorist. And Bush didn’t take advantage of it because doing so might also wipe out a rationale for invasion.

I’ll pause to let that sink in. Kaplan continued,

As far back as June 2002, U.S. intelligence reported that Zarqawi had set up a weapons lab at Kirma in northern Iraq that was capable of producing ricin and cyanide. The Pentagon drew up an attack plan involving cruise missiles and smart bombs. The White House turned it down. In October 2002, intelligence reported that Zarqawi was preparing to use his bio-weapons in Europe. The Pentagon drew up another attack plan. The White House again demurred. In January 2003, police in London arrested terrorist suspects connected to the camp. The Pentagon devised another attack plan. Again, the White House killed the plan, not Zarqawi.

When the war finally started in March, the camp was attacked early on. But by that time, Zarqawi and his followers had departed.

This camp was in the Kurdish enclave of Iraq. The U.S. military had been mounting airstrikes against various targets throughout Iraq—mainly air-defense sites—for the previous few years. It would not have been a major escalation to destroy this camp, especially after the war against al-Qaida in Afghanistan. The Kurds, whose autonomy had been shielded by U.S. air power since the end of the 1991 war, wouldn’t have minded and could even have helped.

But the problem, from Bush’s perspective, was that this was the only tangible evidence of terrorists in Iraq. Colin Powell even showed the location of the camp on a map during his famous Feb. 5 briefing at the U.N. Security Council. The camp was in an area of Iraq that Saddam didn’t control. But never mind, it was something. To wipe it out ahead of time might lead some people—in Congress, the United Nations, and the American public—to conclude that Saddam’s links to terrorists were finished, that maybe the war wasn’t necessary. So Bush let it be.

Also in Slate, Daniel Benjamin wrote (October, 2004):

Why didn’t the Bush administration kill Abu Musab al-Zarqawi when it had the chance?

That it had opportunities to take out the Jordanian-born jihadist has been clear since Secretary of State Colin Powell devoted a long section of his February 2003 speech to the United Nations Security Council. In those remarks, which were given to underscore the threat posed by Saddam Hussein, Powell dwelt at length on the terrorist camp in Khurmal, in the pre-invasion Kurdish enclave. It was at that camp that Zarqawi, other jihadists who had fled Afghanistan, and Kurdish radicals were training and producing the poison ricin and cyanide.

Neither the Khurmal camp nor the surrounding area were under Saddam’s control, but Powell provided much detail purporting to show Zarqawi’s ties to the Baghdad regime. His arguments have since been largely discredited by the intelligence community. Many of us who have worked in counterterrorism wondered at the time about Powell’s claims. If we knew where the camp of a leading jihadist was and knew that his followers were working on unconventional weapons, why weren’t we bombing it or sending in special operations forces—especially since this was a relatively “permissive” environment?

Benjamin’s answer boils down to “because Bushies are idiots,” as opposed to Kaplan’s theory that the Bushies left Zarqawi alone deliberately because his presence in Iraq was one of their excuses for invading it.

But today, once again, Zarqawi is dangled in front of the mouth-breathers and throwbacks of the Right to show them that, see, Saddam Hussein did too have ties to terrorism. And they, dumb beasts that they are, take the bait.

‘Scuse me while I pound my head on the floor and scream.

Catching Up

By now you don’t need me to tell you that THE story today is by Murray Waas, National Journal: “Cheney ‘Authorized’ Libby to Leak Classified Information.”

Vice President Dick Cheney’s former chief of staff, I. Lewis (Scooter) Libby, testified to a federal grand jury that he had been “authorized” by Cheney and other White House “superiors” in the summer of 2003 to disclose classified information to journalists to defend the Bush administration’s use of prewar intelligence in making the case to go to war with Iraq, according to attorneys familiar with the matter, and to court records.

Libby specifically claimed that in one instance he had been authorized to divulge portions of a then-still highly classified National Intelligence Estimate regarding Saddam Hussein’s purported efforts to develop nuclear weapons, according to correspondence recently filed in federal court by special prosecutor Patrick J. Fitzgerald. …

… Libby testified to the grand jury that he had been authorized to share parts of the NIE with journalists in the summer of 2003 as part of an effort to rebut charges then being made by former U.S. Ambassador Joseph Wilson that the Bush administration had misrepresented intelligence information to make a public case for war.

Jane Hamsher comments:

Whether it was legal for Cheney to declassify these documents or not for purely propaganda purposes is for legal experts preferably not named Victoria Toensig to debate. Given the fact that Cheney and Libby knew as of June 17, 2003 that the Niger uranium claims were bunk and Libby began this crusade with Judy Miller anyway on June 23, the service to which these documents were put remain safely outside of “ethical” territory.

Steve Soto:

Keep in mind this revelation comes days after Libby’s “faulty memory” defense was neutered when it was revealed that Cheney and Libby were aware in mid-June 2003 that the CIA had discredited the Niger claim, weeks before Libby began talking to reporters. Both of these taken together indicate what we have suspected all along: Cheney and Libby, as well as others in the White House, engaged in a payback campaign to destroy Joe Wilson and his wife in July 2003, even after they knew weeks before that the Niger story was about to unravel, and Congress had been told of such.

Andrew Sullivan:

So some intelligence matters are so important that the administration will not divulge them even to critical members of Congress. But others are leaked to journalists to win a political war. This is a pointed reminder that when the administration says it is withholding information to protect national security, a hefty dose of skepticism is in order. The same goes for their assurance that their wire-tapping has never been abused. Remind me again: at this point, why should we trust them?

Well, hell if I know, Andrew.

In other news, the President today reminded us how scared we’re supposed to be of terrorists by revealing details of a 2002 al Qaeda plot to slam an airplane into a Los Angeles tower. This is, I believe item #1 on the official White House list of foiled terrorist plots released last October. Certain details given by the President — the use of shoe bombs to blow open the cockpit door, for example — have met with some skepticism. But, hey, if some guy could take apart the Brooklyn Bridge with a blowtorch without anyone noticing, then why not shoe bombs?

Finally, this Associated Press story — “Reid Aided Abramoff Clients, Records Show” has been hailed on the Right Blogosphere as the Missing Link between Democrats and Jack Abramoff that they all fervently believed would be found. But Scott Shields at MyDD smells a smear:

The first clue was that Senator Reid has a long history of protecting gambling in Nevada from outside competition. He does, after all, represent Las Vegas. So the fact that he sought to keep Indian casinos from expanding off of their reservations, while I may not necessarily agree, makes sense. He didn’t need lobbyists telling him what to do on the issue, as he’d held that position long before they’d ever come knocking. But still… the article’s a long one. I wasn’t quite ready to dismiss it.

However,

The story totally lost credibility for me when it got to mentioning the Marianas Islands. By now, you’re probably aware of the fact that one of Abramoff’s pet projects was maintaining a low minimum wage in U.S. territories not subject to the federal minimum wage. This was of interest to the Republicans because manufacturers could exploit the territories’ low wages to essentially create a sweatshop environment without completely having to leave America. This AP story tries to imply that Reid was complicit in this plot.

But the AP story, as Josh Marshall notes, leaves out an important detail — there was no quid quo pro. No indication that Reid took any action to support Abramoff’s position. So Abramoff lobbying partners may indeed have billed hours for phone calls and meetings with Reid’s office, but it didn’t get ’em anything from Reid.

Of course, this detail will be lost on the Right Blogosphere. In the next few days they’ll persuade themselves that Senator Reid was Abramoff’s chief accomplice.

More great moments in journalism: MSNBC ran a headline “Top Democrat Reid Met Often With Abramoff” over this same AP story, which makes no claim Reid and Abramoff ever met at all.

Air-Conditioned Garbage Trucks

Yesterday I mentioned that Tom Kean and Lee Hamilton, the chair and vice-chair of the 9/11 commission, were on Meet the Press. Today they have an op-ed in the New York Times in which they argue the Department of Homeland Security is seriously screwed up.

Billions have been distributed with virtually no risk assessment, and little planning. Nor has the federal government set preparedness standards to help state and local governments use the money wisely. The District of Columbia used part of its grant to buy leather jackets and to send sanitation workers to self-improvement seminars. Newark bought air-conditioned garbage trucks. Columbus, Ohio, bought body armor for fire department dogs. These are not the priorities of a nation under threat.

Since they said a lot yesterday that didn’t end up in the Times, I’m adding a chunk of the Meet the Press transcript, below the fold. Continue reading

We’ve Lost That Lovin’ Feeling

Tracy Wilkinson of the Los Angeles Times writes that Europe is in an uproar over CIA operations on their turf.

From Scandinavia to the tropical Canary Islands, the CIA’s clandestine use of European soil and airspace for counter-terrorism missions is triggering outrage, parliamentary inquiries and a handful of criminal prosecutions.

In the aftermath of the Sept. 11, 2001, attacks in the United States, Europe was either silent about or unaware of the ways in which American agents operated within its borders. But in recent weeks several European governments have become much more vocal about alleged CIA activity in their jurisdictions.

Among the complaints: CIA operatives, without formal permission, have seized suspects in European cities and transported them to third countries for interrogation; CIA flights that have transported suspected terrorists around the world purportedly have used European airports for layovers; and the CIA may be operating clandestine prisons in Europe. …

…Two countries where some of the strongest evidence has emerged are Italy, where prosecutors are attempting to arrest 22 CIA operatives, and Spain, where officials have confirmed a steady parade of purported CIA flights into the nation’s airports.

In Germany, prosecutors are investigating both the alleged kidnapping by the CIA of one of its citizens and a number of suspicious flights into German air bases. Sweden and Norway launched investigations after similar incidents. The Dutch accused Washington of hiding its alleged use of secret prisons in Europe, and the 46-member Council of Europe told Romania to investigate reports that it was the site of such illegal detentions.

Investigations into alleged CIA landings or flyovers are underway in Austria, Denmark, Iceland, Norway and Sweden.

The European Union said any of its members housing secret prisons for suspected Islamic terrorists, as first reported in the Washington Post, would be in violation of the law and subject to fines.

Wow, there’s no end to the stuff we can do to piss people off, huh?

Digest This

I guess we’ll have to cross item #3 off the official White House list of ten serious al-Qaida terrorist plots disrupted since September 11.

Item #3, in case you forgot, is —

The Jose Padilla Plot: In May 2002 the U.S. disrupted a plot that involved blowing up apartment buildings in the United States. One of the plotters, Jose Padilla, also discussed the possibility of using a “dirty bomb” in the U.S.

Well, forget that. The charges against Padilla do not include plots to bomb apartment buildings or anything else in the United States. In fact, Padilla is such a minor figure he is barely mentioned in his own indictment. Neil Lewis reports in today’s New York Times:

Jose Padilla, whose newly unsealed indictment on conspiracy charges signals a marked change in the Bush administration’s legal approach to dealing with terrorism suspects, is mentioned only sparingly in the government’s account.

The indictment, announced Tuesday by the Justice Department, portrays Mr. Padilla as a distinctly minor though thoroughly willing player in a scheme run by others to support radical Islamic fighters in Afghanistan, Bosnia, Chechnya and elsewhere.

Padilla is alleged to have acted as a courier for four conspirators who ran bogus charities and businesses to raise money to send to the radical Islamic fighters. The four conspirators were indicted on the same charges last year.

Padilla has been incarcerated since May 2002. The Gubmint finally obtained an indictment against him two days ago.

The Bush Administration claims that it could not bring other charges against Padilla without violating national security. Apparently the “intelligence” that led to Padilla’s arrest came from two senior al Qaeda members held in secret prisons and, most likely, tortured. Douglas Jehl and Eric Lichtblau write in today’s New York Times:

The Bush administration decided to charge Jose Padilla with less serious crimes because it was unwilling to allow testimony from two senior members of Al Qaeda who had been subjected to harsh questioning, current and former government officials said Wednesday.

The two senior members were the main sources linking Mr. Padilla to a plot to bomb targets in the United States, the officials said.

The Qaeda members were Khalid Shaikh Mohammed, believed to be the mastermind of the Sept. 11, 2001, attacks, and Abu Zubaydah, a top recruiter, who gave their accounts to American questioners in 2002 and 2003. The two continue to be held in secret prisons by the Central Intelligence Agency, whose internal reviews have raised questions about their treatment and credibility, the officials said.

One review, completed in spring 2004 by the C.I.A. inspector general, found that Mr. Mohammed had been subjected to excessive use of a technique involving near drowning in the first months after his capture, American intelligence officials said.

Reason #17 torture is a bad idea: You can’t use the “results” in court.

In June 2002 Attorney General John Ashcroft made a big show — via satellite feed while visiting officials in Moscow — of announcing the arrest of Padilla. You can read the transcript of Ashcroft’s statement here.

But just three months after the arrest, word leaked out that there wasn’t much of a case. CBS News reported in August 2002:

The government media blitz after the arrest an American accused of plotting to detonate a radioactive bomb was almost unprecedented for a terrorist suspect post-Sept. 11.

United States Attorney General John Ashcroft held a news conference via satellite while visiting officials in Moscow. Justice Department officials in Washington called him a significant terrorism figure and President Bush weighed in to agree.

But two months later, U.S. law enforcement officials close to the case, say Jose Padilla is probably a “small fish” with no ties to al Qaeda cell members in the United States.

The FBI’s investigation has produced no evidence that Padilla had begun preparations for an attack and little reason to believe he had any support from al Qaeda to direct such a plot, said one of the officials, speaking on condition of anonymity.

When John Ashcroft triumphantly announced the capture of Padilla, he said the U.S. had already captured an accomplice in the nefarious dirty bomb plot. What happened to that guy? Jehl and Lichtblau explain:

In an interview on Wednesday, a British lawyer for another man accused by the United States of working as Mr. Padilla’s accomplice in the bomb plot also accused American officials of working to extract a confession. The lawyer said the United States had transferred the man to Morocco from Pakistan, where he was captured in 2002, in an effort to have him to sign a confession implicating himself and Mr. Padilla.

“They took him to Morocco to be tortured,” said Clive A. Stafford Smith, the lawyer for the suspect, Binyan Mohammed. “He signed a confession saying whatever they wanted to hear, which is that he worked with Jose Padilla to do the dirty bomb plot. He says that’s absolute nonsense, and he doesn’t know Jose Padilla.”

Reason #2 torture is a bad idea: Tortured people will make stuff up to stop the torture.

One suspects the Bush Administration kept Padilla locked up all this time because they didn’t want the world to know Ashcroft had been wrong. But after nearly three years of maneuvering the Bushies were staring at a possible Supreme Court showdown over whether the president can hold a U.S. citizen indefinitely without criminal charges by declaring him an enemy combatant.

And the White House does not want that showdown. Even Harriet Miers may have realized the Bushies could lose. They got a big hint in 2004 when SCOTUS told them even “enemy combatants” must have access to courts. And when Padilla’s lawyers were about to challenge his detention in front of the SCOTUS, the Bushies suddenly changed their minds about not allowing Padilla to meet with counsel.

The Justice Department had to file a motion asking the SCOTUS not to take the case by next Monday. Instead, they announced Padilla’s indictment, taking advantage of Thanksgiving to minimize media attention.

Dahlia Lithwick writes in Slate that the mishandling of Jose Padilla is proof that we’d all be better off and safer from terrorists if alleged terrorists were handled by the criminal justice system.

More than three years after the government began holding citizens in jails without charges, there is no proof that anyone in this country is safer for it. Nor is there any proof that ordinary criminal trials for Padilla, Hamdi, and the other terrorists we’ve tagged would have exposed vital intelligence information or resulted in acquittals. Yet with Hamdi sent home, and Padilla shuffled to the criminal courts, there may be no testing the addled theory that President Bush has boundless wartime powers, even after the Supreme Court has told him he doesn’t.

Had Padilla been charged and tried back in the summer of 2002, rather than touted as some Bond villain—the Prince of Radiological Dispersion—his case would have stood for a simple legal proposition: that if you are a terrorist, a supporter of terrorism, or a would-be terrorist, the government will hunt you down and punish you. Had the government waited, tested its facts, kept expectations low, then delivered a series of convictions of even small-time al-Qaida foot soldiers, we in this country would feel safer and we would doubtless be safer. Instead Padilla, like Hamdi, was used as fodder for big speeches. They became the justification for Bush’s position that some people are so evil that the law does not deter them, that new legal systems must be invented—new systems that bear a striking resemblance to those discredited around the time of Torquemada.

Just two months ago, Bush claimed in a speech that the U.S. had foiled ten terrorist plots since September 11. On the spot to back up the claim, White House staffers hustled to patch a list together and handed it to press. The Jose Padilla plot was item #3. Are the other nine items also fakes? Has the Bush White House actually accomplished anything to make us safer from terrorism?

Padilla Indicted

Mark Sherman of the Associated Press reports that somebody finally brought charges against Jose Padilla. But they aren’t same the charges John Ashcroft talked about three years ago.

Jose Padilla, a U.S. citizen held for three years as an enemy combatant suspected of plotting a “dirty bomb” attack in this country, has been indicted on charges that he conspired to “murder, kidnap and maim” people overseas.

A federal grand jury in Miami returned the indictment against Padilla and four others. While the charges allege Padilla was part of a U.S.-based terrorism conspiracy, they do not include the government’s earlier allegations that he planned to carry out attacks in America.

You mean Crisco John was wrong? Wow.

The indictment avoids a Supreme Court showdown over how long the government could hold a U.S. citizen without charges. Padilla’s lawyers had asked justices to review his case last month, and the Bush administration was facing a deadline next Monday for filing its legal arguments. The high court had been asked to decide when and for how long the government can jail Americans in military prisons.

If it took ’em three years to patch a case together, one suspects they didn’t have much on Padilla when they arrested him.

Losing the War on Terror

Via Altercation, I see Daniel Benjamin and Steven Simon have a new book called The Next Attack: The Failure of the War on Terror and a Strategy for Getting It Right. Simon and Benjamin were respectively Director and Senior Director of Counter-Terrorism on the National Security Council during the Clinton Administration, and they had publicly warned of a massive terrorist strike against the United States before September 11. Their earlier book The Age of Sacred Terror is, IMO, a must-read.

Altercation has an excerpt from the new book:

A core part of the case that Bush and his advisers made was that Saddam might collude with terrorists because it would allow him to hurt the United States “without leaving fingerprints,” but it appears that a large part of the reason Iraq—like Iran and Libya—stopped targeting the United States was the belief that it could not carry out an attack without detection. (Iran, under its newly elected president, Muhammad Khatami, may have also changed its policy after the Khobar Towers attack because terrorism was not advancing its goals. The Iranian regime appears to have supported the attack because of a desire to drive a wedge between the United States and Saudi Arabia, but the bombing’s only effect was to cause Washington to move the troops stationed in Saudi Arabia to a more secure location.) Since detection carries with it a strong likelihood of retaliation, as Iraq learned in 1993, when U.S. cruise missiles destroyed the country’s intelligence headquarters, the calculus did not make sense—it was just no longer worth the risk to attack America. That cruise missile strike was derided by conservative critics of the Clinton administration as a “pinprick,” but Saddam seemed to have gotten the message.

No rightie will admit to that in a million years, of course.

Beyond the matter of whether the Iraqi regime was likely to attempt a terrorist attack against the United States, the administration’s argument raised the further question of whether Saddam Hussein and Usama bin Laden were likely to collaborate. In fact, Iraq and al Qaeda were anything but natural allies. A central tenet of Al Qaeda’s jihadist ideology is that secular Muslim rulers and their regimes have oppressed the believers and have plunged Islam into a historic crisis. Hence, a paramount goal of Islamist revolutionaries for almost half a century has been the destruction of the regimes of such leaders as Anwar Sadat and Hosni Mubarak of Egypt, President Hafez al-Assad of Syria, the military government in Algeria ,and the Saudi royal family. To contemporary jihadists, Saddam was another in a line of dangerous secularists, an enemy of the faith who refused to rule by Islamic law and who habitually murdered religious leaders in Iraq who might oppose his regime. Perhaps the best summation of the jihadist view of Saddam’s Iraq was given during the Persian Gulf War by Omar Abdel Rahman, the radical sheik now imprisoned in the United States. When he was asked what the punishment should be for those who supported the United States in the conflict, he answered, “Both those who are against and the ones who are with Iraq should be killed.”

Simon and Benjamin go on to say that the few contacts made between bin Laden’s and Hussein’s camps, which mostly occurred in the early 1990s, were part of a “Middle Eastern tradition of keeping tabs on all groups, friendly or not.” Further, it was the consensus of the intelligence community that neither Iraq nor Iran were having much to do with bin Laden.

In 1998, in an effort to ensure that the U.S. government was not becoming complacent in this judgment, Richard Clarke asked his staff to evaluate the available intelligence to see if these conclusions were justified. After reviewing a large amount of intelligence, they too endorsed the intelligence community’s verdict. After a lengthy investigation of its own, the 9/11 Commission arrived at the same understanding in 2004 and noted in its final report, “We have seen no evidence that [the contacts] ever developed into a collaborative operational relationship. Nor have we seen evidence indicating that Iraq cooperated with al Qaeda in developing or carrying out any attacks against the United States.”

I brought that up because we’re seeing so much crapola from the Right these days about how “even Bill Clinton” though Saddam Hussein was dangerous. Maybe he did, but Bill Clinton didn’t think Saddam Hussein posed much of a threat to the United States. And by 1998 the Clinton Administration had realized that al Qaeda and other radical Islamic jihadist groups were far more dangerous than Saddam Hussein was. But the righties never get around to mentioning that.

This is from a New York Times review of the same book:

Like the CIA officer Michael Scheuer, the author (under the pseudonym “Anonymous”) of the 2004 book “Imperial Hubris,” Benjamin and Simon regard the U.S. invasion of Iraq as a kind of Christmas present to Osama bin Laden: an unnecessary and ill-judged war of choice that has not only become a recruitment tool for jihads but that has also affirmed the story line that Qaeda leaders have been telling the Muslim world – that America is waging war against Islam and seeking to occupy oil-rich Muslim countries.

The U.S. invasion of Iraq toppled one of the Mideast’s secular dictatorships, the authors write, and produced a country in chaos, a country that could well become what Afghanistan was during the years of Soviet occupation: a magnet for jihads and would-be jihads from around the world.

Do tell.

Richard Clarke wrote in his book Against All Enemies that something like the Iraq War was bin Laden’s plan all along. At least a decade before 9/11, according to Clark, Osama was hanging out in the Sudan dreaming up an Iraq scenario–

The ingredients al Qaeda dreamed of for propagating its movement were a Christian government attacking a weaker Muslim region, allowing the new terrorist group to rally jihadists from many countries to come to the aid of the religious brethren. After the success of the jihad, the Muslim region would become a radical Islamic state, a breeding ground for more terrorists, a part of the eventual network of Islamic states that would make up the great new Caliphate, or Muslim empire. [p. 136]

So, George, Dick, Condi, Rummy, Dougie, Wolfie, and the rest of the crew–Osama bin Laden sends a big thank you!

Simon and Benjamin acknowledge that it was widely believed that Saddam Hussein did have biochemical WMDs, although not nuclear weapons. But they say the critical question that should have been asked before the invasion was not did he have them, but would he use them?

…The answer to these questions is the same: no. Saddam is an execrable man and one of the most loathsome national leaders in a century in which there was plenty of competition. He had miscalculated badly on a number of occasions, most notably by invading Kuwait in August 1990. But he was not insane. He wanted to avoid obliteration. As far as the United States and its vital interests were concerned, he was deterred.

Now let’s repeat a snip from the last post, taken from yesterday’s Hardball with Chris Matthews. The speakers are Michael Scheuer, Rand Beers, and Matthews.

MATTHEWS: Michael, just to think outside the box, would we be better off with Saddam Hussein still running tyrannically that country of Iraq, right next door to Jordan? Would Jordan be more secure in that environment?

SCHEUER: No doubt about it, sir.

MATTHEWS: No doubt?

SCHEUER: There‘d be … many fewer dead Americans,[*] and we would have many more resources available to annihilate al Qaeda, which is what we have to do. Without a doubt, in the war against al Qaeda, Saddam Hussein was one of our best allies.

MATTHEWS: How so?

SCHEUER: He was not going to permit Iraq to become a base, as it is today, for Sunni fundamentalists.

MATTHEWS: Why did he let them come in for that training, that chemical training, whatever the hell they did up north?

SCHEUER: They didn‘t control the area, so that was in the no-fly zone. They were in an area that was in Kurdistan.

MATTHEWS: OK.

SCHEUER: And they were Shia.

* Note: Scheuer stumbled on his words and said “more dead,” then he corrected himself. The transcript reads as if he said there would be more dead, which is not what he meant.

See what kind of information you can get when people who know something don’t get shouted over by rightie goons and Bushie shills? I’m listening to today’s Hardball now, as I keyboard. All this week Matthew has been doing a pretty good job of presenting the arguments against the war that we should have heard before the invasion. Before the invasion, Matthews’s guests tended to consist of an occasional liberal meekly asking why we had to invade right now–can’t we give the inspectors more time?–and a mess of righties screeching that everybody knows leaving Saddam Hussein was dangerous and every moment we delayed put America at terrible risk. Thanks, Tweety.

BTW, this rightie blogger linked to the dialogue and commented:

And what about this idea that Saddam Hussein was one of the best allies the U.S. had in the war against al Qaeda? This is leftist propaganda dished up to be adopted and amplified by others who believe that Bush went after the wrong guy. Poor Saddam was after all, a bad guy, but a bad guy who could have been made good with a few simple diplomatic meet-ups and pressure from the United Nations. HEH!

Righties tend to be literal. Obviously Scheuer was using “ally” in a metaphorical sense, as in “ladybugs are our best ally against aphids” or “rain is our best ally against drought.” He was not saying that Saddam Hussein would have been cooperative with the U.S., but that leaving him where he was worked to our advantage vis à vis al Qaeda for reasons throughly explained in the remainder of the dialogue. No “diplomatic meet-ups and pressure from the United Nations” were required, any more than with ladybugs.

Bush: Do As I Say …

Have you ever noticed that, on a very simple level, righties support Bush because of what he says and lefties oppose him because of what he does?

For example, I’m sure at some point you’ve crossed paths with a rightie who is fired up about the “liberation” of Iraq. You know the dance. You make faces; the rightie assumes you oppose the war because you don’t want the Iraqi people liberated. But in fact you oppose the war because the Iraqi people aren’t being liberated. At best they’re in a transitional phase between despots. Americans are fighting and dying to establish an Islamic theocracy, assuming civil war doesn’t take down the “nation-building” process first. But the rightie won’t even listen to this. Bush says we’re liberating Iraq, and that’s it.

This truth popped into my head this morning while I read the reviews of Bush’s “big speech” yesterday. Full disclosure: I didn’t listen to the speech because I feared I would be incited to riot. This is hard on the furniture, you know, and it upsets Miss Lucy. But it’s pretty clear the boy was up to his usual tricks.

Here’s an editorial in today’s Los Angeles Times:

PRESIDENT BUSH SPOKE FORCEFULLY on Thursday about the threat from within to Islam, and what the United States is doing to protect Muslims in Afghanistan, Iraq, Bosnia and Somalia. Yet the president is strangely reluctant to take even the smallest step to protect Muslim prisoners being held by U.S. forces in Guantanamo Bay and elsewhere. His rhetoric will be exposed as even emptier than usual if he keeps squandering opportunities to back it up.

See? There’s what Bush says, and then there’s what Bush does; two elements that rarely inhabit the same time-space continuum.

The New York Times has two snarky editorials today about the Bush speech. Here’s the first one:

Yesterday, the same day New Yorkers were warned there was a “specific threat” of a bombing on their subways, President Bush delivered what the White House promoted as a major address on terrorism. It seemed, on the surface, like a perfect topic for the moment. But his talk was not about the nation’s current challenges. He delivered a reprise of his Sept. 11 rhetoric that suggested an avoidance of today’s reality that seemed downright frightening.

The period right after 9/11, for all its pain, was the high point of the Bush presidency. Four years ago, we hung on every word when Mr. Bush denounced Al Qaeda and made the emotional – but, as it turned out, empty – vow to track down Osama bin Laden. Yesterday, it seemed as if the president was still trying to live in 2001….

You can still find righties who get all misty-eyed about the “bullhorn moment” but are not at all bothered by the fact that Osama bin Laden was never brought to justice. It’s as if the rhetoric itself is all that matters, and reality is just an inconvenient minor detail.

This is from the second editorial:

We’ve lost track of the number of times President Bush has told Americans to ignore their own eyes and ears and pretend everything is going just fine in Iraq. Yesterday, when Mr. Bush added a ringing endorsement of his own policy to his speech on terrorism, it was that same old formula: the wrong questions, the wrong answers and no new direction.

Mr. Bush suggested that people who doubt that nation-building is going well are just confusing healthy disagreement with dangerous division. “We’ve heard it suggested that Iraq’s democracy must be on shaky ground because Iraqis are arguing with one another,” he scoffed. What he failed to acknowledge was that the Iraqi power groups seem prepared to go through the motions of democracy only as long as their side wins. …

… Given the state of the American adventure in Iraq and the way it has sapped the strength and flexibility of the United States armed forces, it was unnerving to hear Mr. Bush talk so menacingly about Syria and Iran. It was also maddening to listen to him describe the perils that Iraq poses while denying that his policies set them in motion.

Be sure to read both editorials all the way through; they are very good, and right on the money.

Fred Kaplan offers similar commentary in Slate:

President Bush’s speech this morning, billed as a major statement about Iraq and the war on terror, was a sad spectacle—so ripe with lofty principles, so bereft of ideas on what to do with them. He approached the podium amid growing disapproval of his performance as a war president, ratcheting chaos and violence in Iraq, continuing terrorist attacks worldwide—and pleaded for nothing more than staying the course, with no turns or shifts, for a long, long time to come.

He crisply outlined the stakes of the larger struggle against Islamofascism: fear vs. freedom, oppression vs. tolerance, the dark ages vs. modern civilization. “The defense of freedom,” he declared, “is worth our sacrifice.” And he’s right. Which is why his failure to articulate a strategy—his evasion of the difficulties and dilemmas that his own aides and commanders are grappling with—is so distressing.

By now it should be pretty clear that, with Bush, rhetoric is all you’re going to get. He can’t do shit. Given that he is speech impaired, his inability to do anything but regurgitate prepared remarks makes him all the more pathetic.

Compare and contrast Kaplan’s article and the New York Times‘s editorials with this post by obedient rightie shill John Hinderaker. Hinderaker’s take is that the President was trying to warn us of the dangers of terrorism, and the news media won’t listen.

I was talking with a liberal the other day, who tried to explain to me that democracy in Iraq is impossible because of that country’s religious and ethnic diversity. Only civil war can result from such conditions, he said. Oh, great, now they tell us–multiculturalism is impossible!

Non sequitur. There’s a huge difference between a political power struggle among long-warring factions and “multiculturalism.”

As he did before the war began, Bush laid out the most important purpose of the Iraq war: to promote the spread of freedom in the Middle East, as the only long-term solution to the perpetuation of Islamic terrorism:

The fifth element of our strategy in the war on terror is to deny the militants future recruits by replacing hatred and resentment with democracy and hope across the broader Middle East. This is a difficult and long-term project, yet there’s no alternative to it. Our future and the future of that region are linked. If the broader Middle East is left to grow in bitterness, if countries remain in misery, while radicals stir the resentments of millions, then that part of the world will be a source of endless conflict and mounting danger, and for our generation and the next. If the peoples of that region are permitted to choose their own destiny, and advance by their own energy and by their participation as free men and women, then the extremists will be marginalized, and the flow of violent radicalism to the rest of the world will slow, and eventually end. By standing for the hope and freedom of others, we make our own freedom more secure.

Four years after September 11, neither the Democrats nor anyone else has proposed an alternative to Bush’s strategy for long-term victory in the war on terror.

Well, actually, several people have proposed such strategies. Here’s just one. But the larger point is that Bush may have a grand strategy for “long-term victory,” but he has no tactics to achieve that strategy.

Once again: The rightie presents a paragraph from Bush’s speech and challenges us lefties to argue with it. But I cannot argue with the paragraph. It’s a fine paragraph. I agree with everything Bush says in that paragraph. The problem is not with what he says, but with what he does.

No one denies that it would be just grand if genuine democracy could flower in the Middle East, but it ain’t happenin’. And Bush’s blundering around isn’t making it happen.

You see the problem. Hinderacker accepts the rhetoric as reality and assumes that people who diss the rhetoric are opposed to the ideas Bush expresses, like “democracy is good” and “let’s liberate oppressed Iraqi people.” But in fact, we diss the rhetoric because the rhetoric has nothing to do with anything that’s actually happening on this planet. Hinderaker continues,

This was another in a series of great speeches in which President Bush has outlined his strategies and policies in the war.

And, of course, he did nothing of the sort. He presents goals. And there’s nothing wrong with most of his goals. They are perfectly fine goals. But his policies and strategies, such as they are, are not sufficient to achieve those goals. Iraq is drifting toward either theocracy or chaos. “Homeland security” is going nowhere. Earlier this week I quoted Richard Clarke:

After opposing the creation of the department [of homeland security], the Bush administration flip-flopped under public pressure and decided that it was a great idea. There were always signs, however, that the administration did not really mean it. … although many new programs were launched, few were ever brought to fruition. The department has never produced a multi-year plan based on actual requirements—a path to achieve specific, measurable goals. None of our vulnerabilities—on our borders, or in our transportation system, our chemical plants, our energy facilities, our ports—have been significantly diminished. And now we see that our ability to deal with the aftermath of disasters, whatever their cause, has actually regressed since the mid-1990s, when FEMA was an independent agency with cabinet status, run by competent and nonpartisan personnel.

From the Fred Kaplan article linked above:

It was almost exactly two years ago, on Oct. 16, 2003, that Secretary of Defense Donald Rumsfeld sent his aides a searching memo (soon after leaked to USA Today), in which he noted:

Today, we lack metrics to know if we are winning or losing the global war on terror. Are we capturing, killing or deterring and dissuading more terrorists every day than the madrassas and the radical clerics are recruiting, training and deploying against us?

The shocking thing is not so much that it took two years, following 9/11, for Rumsfeld to formulate the right question; it’s that two more years have passed, and the administration is only now seeking an answer. Military analyst William Arkin reports in his Washington Post blog, Early Warning, that just last month the Defense Department issued a solicitation for outside contractors to devise “a system of metrics to accurately assess US progress in the War on Terrorism, identify critical issues hindering progress, and develop and track action plans to resolve the issues identified.”

Every time a rightie complains that no Democrat has presented a plan for fighting terrorism, I want to ask, why isn’t the bleeping President presenting a plan for fighting terrorism? Because there is no plan. There’s just intentions, and rhetoric. And bullshit.

Kaplan’s article is worth reading all the way through, also, but I want to call attention to this part:

It was an uncharacteristically defensive speech, Bush reciting, then rebutting, the arguments of his critics. But his counterblows were usually unpersuasive. For instance:

Some have argued that extremism has been strengthened by the actions of our coalition in Iraq, claiming that our presence in that country has somehow caused or triggered the rage of radicals. I would remind them that we were not in Iraq on September 11, 2001, and al-Qaida attacked us anyway.

This is mere playing with words. Notice: First, he cites the claim that the U.S. occupation has “strengthened” the extremists; then he dismisses some straw man’s contention that our presence has “caused or triggered” the radicals’ rage. The fact that 9/11 preceded the invasion of Iraq is irrelevant to the point that he started to counter—that the occupation “strengthened” the insurgency. This point is incontestable. (On the most basic level, before the invasion, there was no insurgency and no al-Qaida presence in Iraq, except for a training camp run by Zarqawi—and that was in the Kurdish-controlled northern enclave, which Bush could have bombed, and was encouraged by the Joint Chiefs to bomb, at any time.) More important, to evade the point is to misunderstand this phase of the war—and, therefore, to misjudge how to win it.

The question is, does Bush see his own disingenuousness? Or does he really believe this shit? The fact that we’re dealing with someone who rose to power without ever having accomplished anything tangible in his life makes me suspect the latter is very possible.

Update: Howler of the week–Via Daou Report, One Hand Clapping (does Donald know it’s a koan?) thinks Bush shouldn’t have waited so long to become so specific. Snort.