I’ve long been puzzled by the need of the antiwar and/or anti-Bush factions to give Saddam the benefit of enormous doubt in the buildup to the Iraq War, and to give Bush and his administration none.
It’s not so much that these people were supporters of Saddam; they were not. It’s just that they acted (and still act) as though they were his advocates in a conventional court of law, holding those who removed him to a standard of proof that can only be described as being “beyond a reasonable doubt”—and, perhaps, in some instances, even beyond an unreasonable one.
Our legal system was designed with a strong presumption of innocence, because we feel that the best protection for society is to guarantee the rights of the individual against overreaching by the state. Therefore the standard of proof for guilt for the average person in a trial is extraordinarily high: our society has decided to err on the side of sometimes letting the guilty person go free in order to protect the rights of the innocent. This is laudable, and most of the time it works, and part of the reason it works is that we live in a relatively lawful and civil country.
Does a similar rule apply to war? How high should the standard of proof be? Is someone like Saddam innocent until proven guilty—accent on the word “proven?” And how can one prove anything about a society as closed as Saddam’s Iraq was? There are risks to erring on the side of caution (the enemy attacks our shores) and risks to erring on the side of pre-emption (an unnecessary war against that enemy), and all judgments must be made with incomplete and sketchy information. That is the dilemma, and anyone who suggests it’s an easy one to solve is being disingenuous.
After all, the intelligence community doesn’t have the rules of courtroom discovery on its side—no subpoenas, no interrogatories, no ability to compel the release of evidence. Au contraire; one has to infiltrate, go by rumor and innuendo, and draw conclusions from the uncertain and fragmented evidence available.
The UN arms inspections, based on the idea that the UN possessed something like the power of a court to compel evidence, were useless without some sort of enforcement. and the actions of the Bush Administration in the UN during the buildup to the war were in part designed to give teeth to the UN’s ability to overcome Saddam’s defiance of the rules of international law. Unfortunately, the UN did not fully cooperate in its own behalf to enforce that law.
War is a serious thing, and should not be undertaken lightly. But not stopping a looming threat by a sworn enemy is another serious thing. Because we ultimately made the decision to go to war in Iraq, we know the consequences (so far) of that action. We can only guess at what the consequences would have been have been had we not gone to war there.
As Andrew McCarthy wrote in National Review:
If we had left Saddam in place, the sanctions would have disintegrated in short order ”” Security Council members France, Russia and China were bought and paid for in Oil-for-Food bribes. Once the sanctions had collapsed, Saddam would have been right back in business ”” his WMD programs ready to be up and running again (to the extent they were not running already) as he sat there with about $20 billion in Oil-for-Food profits and an ongoing relationship with al Qaeda (among many other jihadist groups).
If you want to say we shouldn’t have gone to Iraq, and should have anticipated the present chaos there, fair enough. But at least have the honesty to say you’d prefer the alternative: A Saddam Hussein, emboldened from having faced down the United States and its sanctions, loaded with money, arming with WMDs, and coddling jihadists.
I don’t imagine we’ll hear that sort of honesty from those who were and are against the war. What we tend to hear, instead, are legalistic arguments about how it couldn’t be proven beyond a reasonable doubt whether Saddam (take your pick) had WMDs, could have built them after sanctions were removed, wanted to build them, might have used them if built, was allied with al Qaeda, was sympathetic to al Qaeda, was looking for uranium in Niger, and so on and so forth.
George Tenet’s new book and recent interviews are replete with language about whether or not something or other was proven or absolutely known. But I’ve not read a quote that deals with what standard of proof of dangerousness should be necessary to make real-world decisions about whether a government constituting a threat (especially a nuclear one) should be taken out.
Tenet’s book states, for example, that there was plenty of “worrisome” evidence of connection and cooperation between Saddam and al Qaeda. But in his interview with “60 Minutes,” Tenet says the CIA couldn’t “verify” the connection. Similarly for evidence of Saddam’s Niger yellowcake efforts; as McCarthy says, it’s never been proven false and if most likely to be true, a situation he likens to “probable cause” for indictment.
We know, of course, that Saddam had defied countless UN resolutions and was playing a cat and mouse game with inspectors—making even more of a mockery of the UN than it had already made of itself—and this constituted a violation of the terms of the Gulf War ceasefire. We know Saddam was a murderous and sadistic tyrant whose police state reign of terror over the people of Iraq was due to be perpetuated even after his death by his sons and heir apparents. We know, we know….we know enough to say this war was multidetermined, according to the best information we had at the time, and even according to the information we know now. That it has not gone smoothly ever since is another fact we know, and one we should have predicted from the outset and for which we should have been prepared.
Some of the squabbling about standards of proof necessary to justify the war is just political jockeying. But some of it represents a real difference of opinion between those who supported the war and those who did not. The long drawn out bickering over the word “imminent,” and how and when President Bush used it, is part of this difference. Some believe a threat must not only be “imminent” but must be realized—that is, for example, that no strikes should be pre-emptive and that an American city would need to be nuked to justify a retaliatory attack. Some believe “imminence” (a poorly-defined word—“imminence” is in the eye of the beholder) must be present. Some, such as President Bush, believe that in this world of potentially nuclear-armed terrorists and rogue states we can no longer wait for such “imminence.”
Bush’s use of the word imminent” in his 2003 State of the Union message bore out that idea:
Some have said we must not act until the threat is imminent. Since when have terrorists and tyrants announced their intentions, politely putting us on notice before they strike? If this threat is permitted to fully and suddenly emerge, all actions, all words, and all recriminations would come too late. Trusting in the sanity and restraint of Saddam Hussein is not a strategy, and it is not an option.
Here’s a cogent tracing of how Bush’s words came to be misquoted. But even if they had not been distorted, it’s fairly clear that many have a fundamental disagreement with what Bush was proposing about when it is necessary to act.
One of the many goals of the Iraq War was to serve notice to those who would play threatening Saddam-like games with the international community and/or the US that there would hereafter be a risk to such machinations; such threats would be taken seriously. The idea was that the Iraq war would have the side benefit of having a deterrent effect on others with agendas similar to Saddam’s. This worked for a while; for example, it seems to have been part of Gaddafi’s motivation to get with the program. But subsequent events in this country, including what’s happening in Congress right now and the irresolute message it sends, have utterly removed that effect.
The notion of needing to act to deter threats before they become imminent is not a new one. As President Kennedy said during the 1962 Cuban Missile Crisis:
We no longer live in a world where only the actual firing of weapons represents a sufficient challenge to a nation’s security to constitute maximum peril.
Kennedy was dealing with a state, the USSR, that already had in its possession a great deal of harmful weaponry. but it also had a track record of relative rationality and restraint vis a vis the US. The USSR knew the risks it faced in defying us, and it believed that Kennedy wouldn’t hesitate to use the awesome weaponry at his command.
And so we avoided a war during the Missile Crisis. The difference now is that Saddam had given no indication of restraint, nor do the terrorists of al Qaeda and other jihadi networks. On the contrary, there was and still is every reason to believe that if they obtain nuclear weapons they will use them with little fear of retaliation and little hesitance.
Who among us would have been happy waiting for that to happen? Who among us is still happy waiting for that to happen? That was the reasoning behind using a standard of proof for the Iraqi war that had more resemblance to “probable cause” than “beyond a reasonable doubt.” It’s a reasoning I understand and still support—not because it is so wonderful, but because, unfortunately, there is no viable alternative that seems better.

