[Congressional Record Volume 148, Number 132 (Wednesday, October 9, 2002)]
[House]
[Pages H7706-H7735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002
Mr. PAYNE. Mr. Speaker, it is with pleasure I yield 5 minutes to the
gentleman from California (Mr. Becerra), a member of the Committee on
Ways and Means.
Mr. BECERRA. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, any nation engaged in a program of building weapons of
mass destruction presents a danger to international peace and
stability. Any leader who flouts the rule of law is a menace to liberty
and democracy.
In my mind, the President has made a strong case that Iraq must
disarm, pursuant to the United Nations resolutions enacted following
the close of the Persian Gulf War. But the President did not convince
me that we should go to war and go it alone, nor has he made the case
that we should change our longstanding policy and defy international
law and commit to a first strike.
The threat posed by Iraq is a threat which confronts the entire
world, not just America. This resolution before us gives the President
authorization to send American troops into Iraq to strike unilaterally
and, indeed, to strike first. Congress has never before granted this
extraordinary power to any previous President. We can address the
threat posed by Saddam Hussein without expanding Presidential authority
beyond constitutional standards.
A declaration of war is the ultimate act of humankind. It presumes to
endow the declarant with the right to kill. In many instances, it
amounts to a sentence of death, not just for the guilty but for the
innocent as well, whether civilian or soldier. In measurable respects,
that is why the Framers of our Constitution wisely assigned the power
to commit America to war not to the President but to the people's
democratic representatives in Congress.
The President should approach Congress and ask for a declaration of
war when and only when he determines that war is unavoidable. The
resolution before us leaves the question of war open-ended by both
expressing support for diplomacy and authorizing the President to use
force when he feels it is the correct course of action. Yet, in his own
words, President Bush stated that ``war is not unavoidable.'' So why,
then, is he insisting on being given now, today, the power to go to
war?
We are the lone superpower economically and militarily in the world.
Our words have meaning, our actions have consequences beyond what we
can see.
The implications of a unilateral first strike authorization for war
are chilling. A unilateral attack could lead the world into another
dangerous era of polarization and create worldwide instability. It
would also set a dangerous precedent that could have a devastating
impact on international norms.
Consider India and Pakistan, Armenia and Azerbaijan, Russia and
Chechnya, Cyprus, Taiwan, Colombia, Northern Ireland, Central Africa.
How might the people or the government in any of these countries which
are engaged in or at the brink of hostilities interpret this resolution
today? Why should not other countries adopt the President's unilateral
and first strike policy to address conflicts or threats themselves?
Would not a unilateral attack galvanize other potential enemies around
the globe to strike at the United States and our interests?
In our efforts to focus on what the President described as a grave
and gathering danger thousands of miles away in Iraq, let us not lose
sight of the dangers which are grave and present, not gathering but
present, here at home: the al Qaeda plots targeting our airports, our
water treatment facilities, our nuclear power plants, our agricultural
crops.
Just this Tuesday, CIA director George Tenet told Congress that
Saddam Hussein, if provoked by fears that an attack by the United
States was imminent, might help Islamic extremists launch an attack on
the United States with weapons of mass destruction. We must consider
how our actions may impact on the safety of the American people. The
answer may not be always what we expect.
We must also ask, will the death and destruction it takes to
eliminate a sovereign, albeit rogue government, lead to good will by
the Iraqi people toward America and Americans?
Well, let us look at the record. During the Gulf War of 1999, we
dropped some 250,000 bombs, many of them smart bombs, over a 6-week
period on Iraqi forces. That is close to 6,000 bombs per day. We
deployed over 500,000 troops. The war cost over $80 billion. None of
that money was spent on reconstruction in Kuwait, and all of this is
what it took simply to expel Iraq from tiny Kuwait.
And what is our, and for that matter the world's, recent record on
supporting post-war reconstruction? Ask the people of Bosnia and of
Kosovo, and now ask the Afghanis.
Certainly there are situations where the United States must prepare
or be prepared to act alone. I voted in September, 2001, to give the
President that power to punish those who attacked this Nation on
September 11. But the question is, are we at the point on the question
of Iraq to go to war without international support?
Mr. Speaker, the President was clear in his speech on Monday. Iraq
can lead us down a dangerous course, but I believe it is time for us to
recognize that if we do this, we do this together, not alone.
Let us vote for the separate resolution, go the right way and send a
good message, not just to Iraq but to the rest of the world.
Mr. ISSA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, in order to have the dialogue stay focused, I think we
need to periodically look at the threat.
We have no doubt in this body. Speakers on both sides of the aisle
have repeated the need to deal with someone who has used mustard gas
and other agents against his own people. There is no question in this
body about the war crimes committed by this dictator.
But when we talk about the threat not being imminent, I just want to
read from an unclassified document something for us all to focus on as
we again talk about do we or do we not empower the President to deal
with all the cards in his hand, not missing the one of potential
military action.
``Mustard gas, potential agents based on best estimates, 200 metric
tons; sarin gas, 200 metric tons; VX, up to 200 metric tons; and
anthrax, at least 8,500 liters. That is 2,245 gallons, but it could be
as much as 10-fold that, 22,457 gallons of anthrax.
We all know in this body all too well what an almost infinitesimal
amount in an envelope can do. I hope that we will think about this as
we talk about whether or not to empower the President to have all the
full force of our military at his disposal in negotiations.
Mr. Speaker, I reserve the balance of my time.
Mr. PAYNE. Mr. Speaker, I yield 5 minutes to the gentlewoman from
California (Ms. Eshoo), a member of the Committee on Energy and
Commerce.
[[Page H7707]]
Ms. ESHOO. Mr. Speaker, I thank the gentleman from New Jersey for
yielding time to me.
Mr. Speaker, the Congress is now debating the most serious and
sobering of issues, whether we go to war, war against Iraq. We do this
as we stand on the threshold of a new century.
I believe this debate is as much about voting to declare war as it is
about what kind of country we are and what we want our country to be in
the future. This resolution of war is an extraordinary and unwise
departure from our history of a principled American tradition, that we
stand foursquare against unprovoked attacks and for a foreign policy of
deterrence.
The Bush doctrine reverses this policy and sets forth that the United
States of America has the unrestricted right to attack other nations.
This resolution trades deterrence for preemption. This resolution trade
multilateralism for unilateralism.
This go-it-alone policy has become the imprimatur of this
administration. We have witnessed their abrogation of nearly every
international treaty they inherited from previous Republican and
Democratic administrations.
This administration has allowed the underfunding of the Nunn-Lugar
law, leaving the tools of terrorists unprotected and up for grabs
across the former Soviet Union.
This administration has withdrawn from the ABM Treaty, withdrawn from
the Comprehensive Test Ban Treaty, withdrawn from START II, rejected
the Biological Weapons Convention, and rejected the International
Criminal Court.
This administration makes war the first and only option, rather than
a last resort. It has, in one brief summer and fall, upended decades of
our time-tested, tenacious foreign policy of deterrence, which has
served our Nation and the world so well.
{time} 2330
The President has not answered the haunting questions of thousands of
my constituents and the American people. Why now? How many troops will
we need to wage this war? What will it cost? How long will we be there?
What is the plan to manage the chaos in the aftermath of regime change;
and, finally, how will it affect the war on terrorism?
Respected military leaders and statesmen have testified to Congress
about their deep concerns with preemption and unilateralism. These
experts have seriously undercut the President's case of what Saddam
Hussein has and the President's remedy to deal with it. And classified
briefings have raised more questions than answers.
Today's newspapers were filled with the information that our own
intelligence agencies have concluded that Saddam Hussein is unlikely to
initiate a chemical or biological attack against the United States. Not
one of us carries a brief for Saddam Hussein. We know what he has done
and we know how he rules. We know about his accumulation of chemical
and biological weapons and the other weapons that threaten his
neighbors and us.
Our answer today, send a thousand troops of weapons inspectors to
Iraq. This time they must have unrestricted access to everything and
with deadlines to achieve disarmament. The world community will watch
and as we disarm him. He will loosen the noose he holds.
We can be tough and principled as we have been in the past. We can
bring other nations with us and when we do, Saddam will know he cannot
dodge or be deceitful any longer. That is why I support the Spratt
resolution which calls for action only if the U.N. determines action is
required and the President seeks approval from the Congress.
Finally, Mr. Speaker, when the framers wrote our Constitution, their
vision spoke to the innermost yearnings of every human being, then,
over the centuries, and now. They created what I have called the best
idea that is ever been born: democracy. Their call is the same today in
this new century that we lead through the enduring strength of our
democratic principles backed by the might we possess. Today our
Constitution and my conscience beckon me to oppose the President's
resolution for war. I shall vote against the resolution and I urge my
colleagues to do so as well.
Mr. PAYNE. Mr. Speaker, I yield 5 minutes to the gentleman from
Connecticut (Mr. Larson), a member of the Committee on Armed Services.
(Mr. LARSON of Connecticut asked and was given permission to revise
and extend his remarks, and include extraneous material.)
Mr. LARSON of Connecticut. Mr. Speaker, I thank the gentleman for
yielding me time.
Mr. Speaker, I rise in an effort to unite this body behind the Spratt
resolution. I oppose House Joint Resolution 114 because this resolution
sets a dangerous new precedent in foreign policy, a policy of
preemptive first strikes and go-it-alone unilateralism. This is a
radical departure from long-standing United States policy of
deterrence, diplomacy, containment and collective security. We are
drifting away from the successful coalition-building of former-
President George Bush in Desert Storm and our current President's
administration's coalition that is currently prosecuting the war on
terror in Afghanistan.
We are united behind the President in his continued prosecution of
this war on terror, a mission we need to relentlessly pursue and not be
deterred from. We are united behind the President in our efforts before
the United Nations, and strongly support a tough, new, robust,
unfettered weapons inspection process that is currently being
negotiated by Colin Powell. We are in unanimous agreement about the
brutal dictatorship of Saddam Hussein, the atrocities he has
perpetuated against other nations and his own people, and the need to
remove him. We stand united behind our men and women of our armed
services no matter the outcome of the vote.
Where we differ is not whether, but how, we address this threat. As
former Secretary of State Jim Baker points out it is not whether to use
military force to achieve this, but how we go about it. While we
address the near-term danger presented by Saddam Hussein, we must be
equally mindful of the dangerous long-term consequences of first-
strike, go-it-alone policy. To that extent, there is a notable divide
in past and current Bush administrations and within this Congress and
amongst people across this Nation.
This divide stems from those advocating the abandonment of long-
standing policy in favor of going it alone. This is not about the use
of force. I voted for the use of force in Kosovo and in Afghanistan. It
is about the preemptive and unilateral use of force. The United States
is the undisputed preeminent military, social and economic leader in
the world; but there are many issues we simply cannot solve alone.
Issues like the environment, disease and global economic stability are
but a few examples and only further underscore the problematic concerns
of our ongoing debate about going alone.
There is no question that we have the military might or that we will
prevail against Iraq or any nation. But what lingers is whether we have
the restraint as the world's lone superpower to lead by the rule of law
and use our terrible swift swords only as a last resort.
The goal of the administration is to isolate Saddam Hussein and bring
about his demise. In the process we must make sure that it is not the
United States that is isolated and alone. For even with all our
military might and resources, we cannot solve all the global problems
by ourselves. The internationalist wing of the Republican Party best
expressed the perils of preemption, in going it alone in Brent
Scowcroft, the former National Security Advisor to both President Ford
and former President Bush, who has argued that attacking Iraq will take
away from the effort against the war on terror and do long-term damage
to the stability needed in the Middle East.
Retired generals like Norman Schwarzkopf and Secretary of State
Eagleburger, hardly appeasers, come down on the side of caution and
coalition building. General Zinni, retired Commander in Chief of U.S.
Central Command, talks about the need to be intensely involved in the
peace process between Israel and Palestine. In staying focused on Osama
bin Laden and al Qaeda, he wonders aloud about those in the
administration who have never served in the military who seem so
anxious to place our troops in harm's way; and those in the
administration
[[Page H7708]]
who characterize heroes like General Wesley Clark, former Commander in
Chief of the U.S. European Command, who urged the two-step approach of
the Spratt resolution and calls them dreamers.
This is a time that the President, Congress, and the people need to
be united. It is why we have introduced the Spratt resolution. This
resolution strengthens the President's hand and demonstrates national
resolve. It preserves the constitutional authority that resides with
Congress and does not abrogate our role to the executive branch.
The people in my district feel strongly about this and have spoken
out in town hall meetings. They are deeply opposed to a go-it-alone
policy; and while understanding the potential threat posed by Saddam,
they want us to pursue the course the President outlined before the
United Nations.
Make no mistake, there is broad support for the President and
implicit understanding of the awesome responsibility he bears as
Commander in Chief. There is also an equal expectation that elected
representatives will ask the tough questions and will measure the
consequences and collateral damage of our actions. Our system is one of
checks and balances; and clearly from my perspective, the use of force
preemptively and unilaterally needs to be held in check, debated,
discussed and not rubber stamped in a climate of fear and crisis.
The people's House must question the unintended consequences of this
new policy. What are those consequences? What will be the collateral
damage associated with preemptive unilateral attacks?
I say it can be said no better than our Ambassador to Saudi Arabia,
Robert Jordan, when I asked him if we were facing a gathering storm in
the Middle East. He replied, no, Congressman, you are from New England.
Surely you have read the book or seen the movie. This is not a
gathering storm. This has all the makings of the perfect storm.
Our relationship with our allies in the Middle East in the
prosecution of the war on terrorist is fragile. There is great unrest
in the region from economic instability to religious fanatics spewing
hate towards the United States. A preemptive unilateral attack on
Saddam Hussein could accomplish what Osama bin Laden failed to do, and
that is unite the Islamic world in a jihad against the United States.
Going it alone may well bring down a tin pan dictator, but will the
consequences of that be the recruitment of tens of thousands of new
terrorists bound for our shores?
{time} 2340
Thomas Friedman, noted New York Times columnist, spoke at a recent
book tour about the long-term consequences of our doctrine, and I was
struck by the reaction of a man who simply reached into his wallet and
showed a picture to Friedman of his children.
Nothing else need be said. Support the Spratt amendment.
Mr. PAYNE. Mr. Speaker, I yield 5 minutes to the gentleman from
California (Mr. Honda), a member of the Committee on Transportation and
Infrastructure.
(Mr. HONDA asked and was given permission to revise and extend his
remarks.)
Mr. HONDA. Mr. Speaker, I thank the gentleman from New Jersey for
yielding me the time.
I rise this evening as Congress considers one of the most difficult
decisions a nation must make. President Bush and leaders from the House
negotiated a resolution to authorize the use of force against Iraq.
However, this new resolution still allows the President to launch a
unilateral, preemptive attack without providing any evidence to
Congress that the U.S. is under imminent threat.
The President says that he is willing to go it alone against Iraq as
a last resort, but there is no mechanism in this resolution to ensure
that it is just that, a last resort.
Let one thing be clear. A vote for this resolution is more than an
authorization for use of force. It is a declaration of war, and I will
oppose it.
We all agree that it is critical for the United States and the world
community to ensure that Saddam Hussein is not developing weapons of
mass destruction. I believe we can accomplish this goal by working with
the U.N. Security Council to gain consensus on a tough and effective
plan to gain unfettered access to inspect Iraq facilities. A powerful
multinational force created by the U.N. would carry legitimacy and
strong support in the United States and abroad. If the U.N. does not
heed our call to action, then other options should be explored.
As of today, it is clear that the administration has yet to exhaust
diplomatic options.
Many generals, military strategists and Republican policy-makers have
expressed reservations with President Bush's approach to Iraq. Iraq
does not exist in a vacuum. The decisions our government makes relative
to Iraq will have consequences that will extend to all corners of the
world, as well as potentially destabilize the Middle East. Will the
concentration of our Armed Forces in Iraq limit our resources for a war
against al Qaeda?
Additionally, experts agree that a war against Iraq will be much
different than the Gulf War. Intensive, urban combat against an
entrenched force is likely. How many thousands of American lives is the
administration willing to imperil? What are the long-term plans for the
stabilization of Iraq, and how many billions of dollars will this cost
American taxpayers?
After September 11, the United States made great strides with the
international community in our war against terror. A unilateral effort
by the United States would not only weaken our relationship with our
allies but also will increase resentment in the volatile Middle East
and further embolden anti-American opinion throughout the world.
We must rid Saddam Hussein of any weapons of mass destruction.
However, I urge the administration to continue to work with the U.N. to
gain support for a tough resolution with an accompanying national
multinational force, if necessary. Diplomatic efforts must continue.
This war can still be avoided; and, as such, I cannot vote to put
American lives and innocent civilians in harm's way, straight from our
war against terror, or create uncertainty that could further hamper our
struggling economy.
I will not support this resolution.
Mr. ISSA. Mr. Speaker, it is my pleasure to yield 7 minutes to the
gentleman from Iowa (Mr. Leach), a member of the Committee on
International Relations, in fact, the Chairman of the Subcommittee on
East Asia and the Pacific and a man who has great insight into this
region.
(Mr. LEACH asked and was given permission to revise and extend his
remarks.)
Mr. LEACH. Mr. Speaker, as all Members know, this resolution involves
a difficult set of decisions that neither the Congress nor the
executive can duck. Anyone who is not conflicted in their judgment is
not thinking seriously.
For myself, I have enormous regard for our President and great
respect for his sworn policy advisers, but I have come to the
conclusion that this resolution misfits the times and the
circumstances. There may be a case for a regime change, but not for war
against Iraq and its people.
Because time is brief, I would like to emphasize three points:
One, given the events of 9/11, a doctrine of preemption has a modicum
of legitimacy. But the greater our power, the more important it is to
use it with restraint. Otherwise, it will be seen as hubristic, with a
strong prospect of counterproductive ramifications. Engaging in war the
wrong way can too easily jeopardize the underlying conflict against
terrorism and undercut core American values and leadership around the
world.
Two, there are many so-called end game elements that have not been
adequately addressed. They range from the dilemma of street combat to
problems of postwar governance to worldwide Muslim reaction.
Three, and most profoundly, this resolution is based on a
misunderstanding of modern science as it applies to weapons of war. The
assumption is that there is a compelling case to preempt a nuclear
weapons program, but what is little understood is that Iraq already
controls a weapon of mass destruction more dangerous than nuclear
bombs,
[[Page H7709]]
biological agents, and what is underestimated is the nature of his
likely response to outside intervention.
The tactical assumption is that Saddam will be on the defensive with
an American and British attack, but the likelihood is that, as
troubling as end game problems are, the ``beginning conflict'' issues
may be the most difficult ever confronted in the region and possibly in
all of modern warfare. When a cornered tyrant is confronted with the
use or lose option with his weapons of mass destruction and is isolated
in the Arab world unless he launches a jihad against Israel, it is not
hard to imagine what he will choose.
Israel has never faced a graver challenge to its survival. The
likelihood is that weapons of mass destruction, including biological
agents, will be immediately unleashed in the event of Western
intervention in Iraq. In the Gulf War, Saddam launched some 40 Scud
missiles against Israel, none with biological agents. Today, he has
mobile labs, tons of such agents and an assortment of means to deliver
them.
It is true that his stockpiles could be larger in years to come, but
Members must understand that the difference between a few and a few
hundred tons of anthrax or plague may not be determinative. These are
living organisms that can multiply. They can invade a region and
potentially the planet.
The most important issue is not the distinction between the various
resolutions before us, each should be defeated, but the need to rethink
our responsibilities in the manner in which they are carried out.
Regime change can be peaceful, it can be discreetly violent, but it
need not necessarily entail war.
Over the last half century America's led the world in approaches
expanding international law and building up international institutions.
The best chance we have to defeat terrorism and the anarchy it seeks is
to widen the application of law and the institutions, including
international ones that make law more plausible, acceptable and, in the
end, enforceable.
Strategies of going it alone, doctrines of unilateralism must be
reviewed with care. Nothing plays more into the hands of terrorists
than America lashing out. Nothing is more difficult for them than
international solidarity. Americans would be wise to craft strategies
which are based on our original revolutionary appeal to a decent
respect for the opinions of mankind.
We used to have a doctrine of MAD, mutually assured destruction,
between United States and the USSR. No one seriously contemplated
aggression because of the consequences.
Today, for the first time in human history, we have a doctrine of
mutually assured destruction between two smaller countries, Iraq and
Israel, one with biological weapons, the other nuclear. The problem is
that an American intervention could easily trigger an Iraqi biological
attack on Israel which could be met by a nuclear response. Not only
would we be the potential precipitating actor but our troops would be
caught in crosswinds and crossfire.
{time} 2350
This is a strategic precipice we should step back from.
The United States today faces a series of challenges unprecedented in
our history.
The 20th century was symbolized by three great international
struggles: World War I and the challenge of aggressive nationalism,
World War II and the battle against fascism, and the Cold War challenge
of defeating communism.
Now the United States is confronted with the menace of international
terrorism, a phenomenon as old as recorded history, but with elements
that are new because of the potential for access to weapons of mass
destruction (WMD), the manipulation of religious precepts, and the
transnational character of international terrorism in a globalized
world.
At issue today is the potential crystallization of these challenges
in the Iraqi regime of Saddam Hussein, and the appropriate response of
the United States and the world community.
In American history explaining what we do and why we do it is
important. Our first revolutionary document, the Declaration of
Independence, was an exposition of political philosophy and an
explanation of grievances that compelled Americans to act. Today, in a
world in which rumor and paranoia and distrust is pervasive, we are
obligated to be precise in laying out our objectives and the rationale
for military or other actions.
In this regard, there is in Eastern history a hallowed intellectual
methodology for determining when a particular military intervention may
be considered ethical. This doctrine, developed by ecclesiastics and
jurists, followed by statesmen, instinctively accepted by the peoples
of many countries in tradition and right, is the doctrine of just war.
What is this doctrine? Briefly, it holds that for war to be considered
just, it must be animated by a just cause and informed by righteous
intention, that it be undertaken by lawful political authority and only
as a last resort, and that resort to force be proportionate to the
nature of the wrongs committed.
The just war issue is relevant for two interrelated reasons. First,
the issue of war involves the gravest of moral questions. Second, not
merely the theory but the history of international relations since the
First World War embodies distinctions between just and unjust causes of
war. The Covenant of the League of Nations, the United Nations Charter,
and the Charter of the Military Tribunal at Nuremberg all reject the
doctrine of realpolitik, the anarchical notion that ours is a Hobbesian
world where might makes right.
Although there is a ``realist'' school of international relations
theory which asserts that raw national interest considerations alone
should govern all policy making, the more progressive view is that
modern world politics are founded upon a conception of international
society analogous to the laws and customs of coercion in domestic
societies, that resort to violence in international affairs must be
regarded either as response to lawful police action or crime. In other
words, resort to armed force in international affairs is legitimate
only if it is used on behalf or in service to the fundamental
principles and purposes undergirding international law.
Thus the moral philosopher Michael Walzer observes that ``aggression
is the name we give to the crime of war.'' Indeed, the founders of the
United Nations were determined, in the words of the Charter, ``to save
succeeding generations from the scourge of war . . . and to ensure, by
the acceptance of the principles and the institution of methods, that
armed force shall not be used, save in the common interest.''
Similarly, the Charter obligates the Member States of the UN to
``settle their international disputes by peaceful means,'' as well as
``refrain in their international relations from the threat or use of
force against the territorial integrity or political independence of
any State, or in any manner inconsistent with the Purposes of the
United Nations'' (Articles 2(3) and 2(4)). Instead, the Charter
attempts to enshrine a system of collective security in which the
security Council is authorized to ``determine the existence of any
threat to the peace, breach of the peace, or act of aggression'' and to
``decide what measures shall be taken . . . to maintain international
peace and security'' (Article 39).
In postwar American diplomacy, the classic exposition of this
principle was stated by President Truman in October 1945, when he
declared that the fundamentals of American foreign policy would rest in
part on the proposition ``that the preservation of peace between
nations requires a United Nations Organization comprised of all the
peace-loving nations of the world who are willing to use force if
necessary to insure peace.''
The concept of international law enforcement through collective
security, therefore, is embodied in the UN Charter and is an integral
part of international law, as well as--through the Supremacy Clause--
the law of the United States.
Here, the constitutional duty of Congress is clear. Not only does the
Constitution vest the power to declare war in Congress, but also it
further contemplates that a status or condition fairly described by
armed hostility between the U.S. and another state--whether a declared
or undeclared war--must be legislatively authorized.
The framers of the Constitution believed that the gravest of all
governmental decision--the making of war--should not be the
responsibility of a single individual. It should be taken by a
democratically elected, geographically and socially balanced
legislature after careful debate and deliberation. It would either be
tyrannical or irresponsible for a Congress of, by, and for the people
to shirk its responsibility and transfer the power to make war to the
Presidency. In America, after all, process is our most important
product.
In this context, neither the Congress nor the Executive can duck the
fundamental question of Constitutional fidelity.
Perspective is always difficult to apply to events of the day, but it
would appear that in wake of the events of 9/11 a watershed in American
history occurred. A concerned terrorist attack was perpetrated against
our institutions, people, and way of life. The imperative to respond is
clear. Less clear how and against whom.
In the period following 9/11 the Executive Branch began to articulate
a bold new doctrine
[[Page H7710]]
of national security, both to shape our response to the new dangers of
international terrorism and to define a new vision of leadership for
the United States in world affairs.
According to this new national security concept, the United States
should be prepared to act decisively and unilaterally to eliminate
potential terrorist threats. Because suicidal terrorists use anarchist
techniques rather than rely on traditional armies, the case for America
to reserve the right to take preemptive, anticipatory military action
in the name of self-defense must be considered. In practical terms,
since terrorist groups may either be assisted by foreign powers, or
seek sanctuary in weak countries with limited control of their own
borders, the option to intervene in another nation-state to constrain
rogue behavior cannot be ruled out. Likewise, the doctrine contemplates
the need to counter the threat that certain despotic regimes--like
those the President labeled as evil: Iran, Iraq and North Korea--may
develop or actually possess weapons of mass destruction and threaten to
use them or put them in the hands of terrorists. In addition, because
our own power is so disproportionate, and because the threat from
international terrorists so grave, the strategy suggests that America
need no longer be constrained in its actions by international rules,
treaties, and even traditional security partnerships.
While elements of the new doctrine are not new, the public
articulation of a doctrine of preemption is in fact a novel departure.
In terms of precedents, the Congressional Research Service reports that
the U.S. ``has never, to date, engaged in a `preemptive' military
attack against another nation. Nor has the U.S. ever attacked another
nation militarily prior to its having first been attacked or prior to
U.S. citizens or interests having first been attacked, with the
singular exception of the Spanish-American War.'' The latter being
unique, in that the principal stated goal of U.S. military action was
to compel Spain to grant Cuba its political independence.
There is of course ample precedent for the United States using its
military to intervene in other nations to support our national security
interests. Citing the Monroe Doctrine, which outlined American
objection to European colonialism in this hemisphere, the United States
intervened repeatedly in the Caribbean and Central America in the 19th
and 20th centuries. In addition, the U.S. employed overt military force
to seek regime change in Mexico in 1914 and Panama in 1989, as well as
covert action in Iran and Central America in the 1950s.
Of greater historical relevance, the most significant instance in
which the U.S. seriously contemplated preemptive military action was
during the Cuban missile crisis of October 1962. Despite the
introduction by the Soviet Union of nuclear-capable ballistic missiles
into Cuba that could threaten most of the eastern United States,
President Kennedy considered and rejected preemptive options, imposed a
U.S. military ``quarantine'' around Cuba, and ultimately reached a
peaceful diplomatic solution.
Hence it is imperative that Congress and the American people debate
the long-term foreign policy consequences of a potential, largely
unilateral, strike against Iraq that may well not be supported by many
of our historic allies. It is also crucial that Congress review the
logic and implications of a new global strategy apparently premised on
go-it-alone interventionist themes which, if taken to extreme, could
erode the foundation of the rule-based, post-World War II international
system the United States largely helped to create.
While the threat of transnational terrorism self-evidently requires a
robust response, the implication of the United States using its
extraordinary power and authority at this critical juncture in world
history to ensconce and legitimize the principle of preemption as a
basis for conduct in international relations is profound. One need only
to contemplate the application of this principle by others elsewhere,
such as South Asia, the Taiwan Strait, or the Middle East, to grasp its
potential reach.
It is suggested to many around the world that the United States may
be disproportionately relying on military power rather than the
strength of law and persuasion to attempt to ``lock in'' a favorable
order that commands the allegiance of others. In the language of
political scientists, our new approach could suggest a strategy less of
transformation than dictation.
The question is not simply whether the new doctrine of preemption has
a modicum of legitimacy--the events of 9/11 suggest it does--but
whether it is applied with proper judgment and appropriate restraint.
The greater the power, the more important it is used with care.
Otherwise, the danger is the use of force will be viewed as hubristic
with its application likely to be counterproductive. Iraq is a case in
point. The goal of regime change must involve an approach that enhances
rather than retards international support for core American values like
democracy and respect for individual rights. Engaging in war the wrong
way can jeopardize the outcome not only of the underlying conflict
against terrorism but American leadership on a host of international
issues from arms control to commerce to the environment.
Unilateralist approaches sow unease and distrust of American power
and American motives from Brussels to Johannesburg, from Sao Paulo and
to Seoul. They dissipate reservoirs of good will for the United States
and reduce, rather than expand, the pool of cooperation that we can
draw on in the future.
The nature of the foreign policy challenges we face--curbing the
proliferation of weapons of mass destruction, eliminating terrorism,
combating the spread of diseases like HIV/AIDs, promoting free trade
and market economics, advancing respect for human rights and the rule
of law--cannot be met by one country, no matter how powerful, acting
alone.
Three years ago in one of the most irrational acts of the Senate in
the 20th century a comprehensive test ban (CTB) was turned down. Upon
taking office, the Bush Administration concurred in this judgment, and
then in a little noticed decision rejected a protocol that had been
long in negotiation to the Biological and Toxin Weapons Convention
(BWC) which would have added new verification provisions to that
treaty. Ironically, if a CTB had been ratified, there would be more
worldwide support for U.S. efforts to deter small states from obtaining
nuclear arms and if the BWC protocol had been adopted the case for
inspectors entering Iraq would be iron clad.
Count me among those who believe Saddam Sussein must be removed from
office and his weapons of mass destruction destroyed, but also as one
who is concerned with the unilateral veer in American foreign policy.
We cannot lead the world unless we pay attention and, to the maximum
degree appropriate, give respect to the judgments and opinions of
others.
Policeman for the world is a lonely beat. It makes us a target. More,
not less, vulnerable.
Leadership requires resolve; it also demands restraint, and an
understanding that there are both prudential and real limits to
America's unparalleled power. Likewise leadership requires magnanimity,
an understanding of what causes people to rebel, and an uplifting,
inclusive vision of a world order which realistically deals with the
causes of conflict.
At issue with the Iraqi crisis is less an outcome where individual
nation-states may be winners or losers, but one in which the
international system has an enormous stake. From challenge springs
opportunity. Hopefully, once the storm clouds have passed, the
international community will be able to conclude that the United
Nations has functioned as its founders intended. But if this conflict
is not resolved in a way that upholds the authority and the credibility
of the United Nations, our current international structure will be
seriously deranged and grievously jeopardized.
In this regard, as the prospect for conflict increases, the danger of
unintended martyrdom also rises. The United States must be careful to
ensure that its policies do not turn a tin-horn Hitler into an Islamic
Allende.
Hence I would urge the Administration to make it clear to Saddam that
in the event he continues to defy the will of the United Nations he
will inevitably find himself in the docket before Nuremberg-like
proceedings--either the newly established International Criminal Court
or perhaps an ad hoc tribunal--for egregious violations of
internationally recognized human rights and arms control conventions.
Potentates, whether petty or mighty, who through violation of
international law attempt to take the world hostage must be held
accountable.
Likewise, the U.S. and UN should make clear that if any individual in
Iraq participates in usage or unleashing of a weapon of mass
destruction, they also will be held accountable as war criminals.
Tragically, the United States has not been able to become a party to
the new ICC, which will be the first permanent international court with
jurisdiction to prosecute the most heinous individual violators of
human rights--genocide, war crimes, and crimes against humanity.
By background, the United Nations, many human rights organizations,
and many U.S. allies have expressed support for the new court. The
Administration, however, has renounced any U.S. obligations under the
treaty.
Although the U.S. has valid concerns about the ICC--chiefly that the
ICC might become politicized and capriciously assert jurisdiction over
U.S. soldiers or high officials charged with ``war crimes''--our
belligerent opposition to the Court also carries obvious downside risks
to American leadership.
America's well-deserved reputation as a champion for human rights and
extension of the rule of law has been called in question. Our efforts
to play hardball in the UN Security Council by threatening to withhold
support for UN peacekeeping missions unless the U.S. is granted
immunity from the ICC alienated friends and allies abroad. The
withholding of
[[Page H7711]]
military assistance to members of the ICC may be seen as an attempt to
undermine the court and influence the decisions of other countries to
join the ICC. By demanding special treatment in the form of immunity
from the ICC, the United States is seen as bolstering the perception of
its preference for a unilateral approach to world affairs and a
determination to operate in the world exclusively on our own terms. As
a result, U.S. efforts to build coalitions in support for the war
against terrorism as well as the enforcement of UN resolutions against
Iraq may have been impaired.
As an early advocate for the establishment of a permanent
international criminal court based on balanced recognition of
international statutes, I confess to being chagrined both at the
inability of the international community to accommodate legitimate
American concerns, and the all-or-nothing approach of our government
that has left us without effective means to ensure that the ICC
operates in ways that are consistent both with credible rule-of-law
principles and with sensitivity to U.S. interests designed to advance
democratic governance.
The problem is that as a great power called upon to intervene in
areas of the world or disputes such as the Balkans, Afghanistan and
troubled areas of the Middle East, the U.S. is vulnerable to charges
being leveled against actions which we might reasonably consider to be
peacekeeping, but another power or government might charge to be
something very different. For instance, what would happen if Serbia
were to bring a case against an American naval pilot when such a pilot
is operating under both a U.S. and NATO mandate? The President has
suggested we should, exclusive of all other countries, be allowed to
veto over applicability of international law with regard to the ICC.
Many other countries, including strong U.S. allies, have angst about
this demand because they see this approach as establishing the
principle of one country being entitled to operate above the law.
This is not an irresolvable dilemma. When the ICC treaty was under
negotiation, it was the assumption of many that the Security Council
where all the permanent members have a veto would play a determinative
role in bringing matters better the ICC. If such was the case, the
United States because of its veto power within the Security Council
could fully protect itself as could the other permanent members.
Unfortunately, because the past administration played an ambivalent
role in development of the treaty, it failed to get the nuances right.
This common sense approach was not adopted and the Bush administration
was put in the embarrassing position of objecting to an important
treaty because of the failed diplomacy of its predecessor.
Based on discussions with European officials it is my understanding
that there may be an inclination to seek a reasonable compromise on
treaty language, even at this late date. It would appear to be an
umbrage to many countries to craft a provision excluding the United
States alone from ICC jurisdiction, but it would seem reasonable on a
process basis to return to a Security Council role. On this basis the
U.S. and the international community could be credibly protected.
The court would function as a treaty organization founded on state
consent, while respecting Security Council authority to refer any
matters affecting international peace and security to the court's
jurisdiction. This approach has the advantage that it does not make a
pure exception for the United States. Understandable concerns of some
countries about inequitable protection of the nationals of permanent
members of the Council would need to be balanced against the enhanced
durability and legitimacy of the court. A protocol to the Treaty
ensconcing this approach should be actively pursued today.
Laws, to be effective, must constrain governments in their foreign
policies as well as individuals in domestic acts. In order to hold
governments accountable there must be individual accountability at the
highest as well as lowest levels of society. Justice must be brought to
the international frontier or life for too many will, in Hobbes'
piercing phrase, continue to be ``nasty, brutish, and short.''
The central issue in classic just-war theory is the cause question.
Just-war theorists from Augustine to Grotius typically referred to an
offense that was a just cause for war as an ``injuria,'' a term that
meant both injury and injustice. There were three generally accepted
just causes of war: defense against aggression, recovery of property,
and punishment. Wars waged for the first cause were by their nature
defensive. Wars taken to avenge injustice and to punish the
perpetrators of injustice were offensive in the sense that defense of
one's own territory was not necessarily at issue.
It is sometimes forgotten that the United States is engaged in
military combat operations over Iraq almost every day, maintaining
``no-fly'' zones over the northern and southern parts of the country. A
decision by Iraq to ban almost all U.N. inspections on October 31,
1998, led the U.S. and Britain to conduct a 4-day air operation against
Iraq on December 16-20, 1998 (Operation Desert Fox). The two allies
launched approximately 415 missiles and dropped more than 600 bombs
targeted at Iraqi military and logistical facilities. Since the
December 1998 operation, the U.S. and Britain have carried out air
strikes against Iraqi air defense units and installations on a frequent
basis, in response to Iraqi attempts to target allied aircraft
enforcing the no-fly zones. However, to launch a full-scale military
invasion of Iraq, fully considering its potential consequences, based
solely on violations of the no-fly zones would appear to be out of
proportion to the offense occasioning it.
A potentially more compelling basis for just cause would be action
undertaken in self-defense, in this case anticipatory self-defense.
Although the UN Charter is premised on the concept of collective
security, it is important to recognize that the Charter also recognizes
the right of nations to use force for the purpose of self-defense.
Article 51 provides that nothing in the Charter ``shall impair the
inherent right of individual or collective self-defense'' in the event
of ``armed attack.'' The question, of course is what constitutes armed
attacks.
In this regard, no American administration has ever sought to give an
expansive interpretation to the definition of an armed attack. Indeed,
none of our interventions since the end of World War II have relied for
justification on the doctrine of preemptive attack.
Tellingly, when the United States was directly threatened during the
1962 Cuban missile crisis, President Kennedy did not invoke any notion
of ``anticipatory self-defense.'' While the risks of nuclear
conflagration were high, the president's legal arguments were
conservative: the imposition of a naval quarantine was justified by
reference to the regional peacekeeping provisions of the U.N. Charter.
More recently, when America has claimed self-defense, it has been in
less controversial settings--citing a clearly defined threat to U.S.
citizens or, after September 11, the need prevent a second attack by
hostile terrorists.
Rather than expanding the scope of preemptive attack, American
statesmen have historically played leading roles in carefully limiting
the doctrine.
The classic formulation of the right of preemptive attack was
provided by secretary of State Daniel Webster. In 1837, the British
sought to stamp out a simmering revolt in Canada that had received
support from private militias in the Untied States. To cut off this
source of support, British troops launched a night raid into New York,
burning an American ship and sending it over Niagara falls.
Some five years later, Secretary of State Webster reached an
agreement with the Foreign Office that prohibited future cross-border
raids. Preemptive force under customary international law could be
justified only if there was a ``necessity of self-defense, instant,
overwhelming, leaving no choice of means, and no moment for
deliberation,'' and if the use of force in such circumstance were
proportional to the threat--not ``unreasonable or excessive.''
Webster's formulation remains the core sense of international law
today.
Some might object that these standards are unreasonable and
inappropriate for a new era of global insecurity hallmarked by the
threat of stateless terrorism. On the other hand, it surely cannot be
in our interest to legitimize war by hunch. The danger is that new
standards we seek to reserve exclusively for our use become legitimate
as well for other nations--such as Russia, China, India and Pakistan.
Do we want to empower others to claim that issues relating to self-
defense are not a proper subject of international concern, but are
solely unilateral national decisions unreviewable by any state or
multilateral organization? Without clear standards, whenever a nation
believes that its interests, which it is prepared to characterize as
vital, are threatened, then its use of force in response would become
permissible.
As to the precise nature of the threat posed by Saddam, the
historical record is well-known. Saddam Hussein is a menace to his own
people and a continuing threat to the Middle East and the Persian Gulf.
Saddam is without question an international criminal with a long rap-
sheet.
He began successive wars of aggression against Iran and Kuwait,
amassed a large inventory of chemical and biological weapons in
violation of the Biological and Toxin Weapons Convention (BWC), and has
feverishly sought to build nuclear arms in violation of the Nuclear
Nonproliferation Treaty (NPT). On the orders of Saddam Hussein, his
army committed some of the worst war crimes in half a century, gassing
Kurdish villages and killing thousands of innocent civilians. Even
after its defeat in the Persian Gulf War, Saddam sought to hide and
even reconstitute his weapons of mass destruction in violation of
numerous UN Security Council Resolutions. There is little dissent,
therefore, from the proposition that the Iraqi regime represents a
continuing threat to the region and a challenge to international
[[Page H7712]]
order. Indeed, regime change has been the official policy of the United
States under two presidents, Bill Clinton and George Bush, since 1998.
What is the urgency of the current threat from Saddam Hussein?
Despite some uncertainties, a great deal is known about Iraqi military
capabilities, particularly its conventional forces.
Despite the loss of some 40 percent of its army and air force as a
result of the Gulf War, Iraq remains a major military power by regional
standards. Iraq still has armed forces with around 425,000 men, with
some 2,200 main battle tanks, 3,700 other armored vehicles, and 2,400
major artillery pieces. It also has 300 combat aircraft with potential
operational status.
By all accounts, sanctions and the impact of the Gulf War have had a
substantial negative impact. The regime's inability to recapitalize and
modernize its armed forces means that much of its nominally large
military capacity is either obsolescent or obsolete, with doubtful
combat readiness, and will be difficult to sustain in combat.
Much more ominous are Iraq's weapons of mass destruction. By way of
background, UN Security Resolution 687, passed in April 1991,
established the formal cease-fire between Coalition forces and Iraq.
Key among the terms was the prohibition against Iraq retaining,
acquiring, or developing WMD and long range missiles. In addition,
there was a demand that Iraq unconditionally accept the destruction,
removal or rendering harmless its WMD under international supervision.
However, from the start of United Nations Special Commission (UNSCOM)
in 1991 through their termination in 1999 Iraq engaged in the
techniques of deception and denial in order to conceal the full extent
of its WMD programs. Although there were some successes in defeating
Iraq's concealment efforts, many other failed.
In December 1999, one year after UNSCOM left, the UN Security Council
passed Resolution 1284, reaffirming all previous UN Security Council
resolutions, disbanding UNSCOM, and establishing the UN Monitoring,
Verification, and Inspection Commission (UNMOVIC). Until September 16,
Iraq had rejected resolution 1284 on the grounds that it does not set a
clear timetable or criteria for lifting sanctions. Although the Iraqi
position may well be a ruse, Baghdad now claims with semantic waffling
to be willing to allow the return of weapons inspectors without
conditions.
As is well known, on the eve of the Gulf War, and in violation of its
commitments under the NPT, Iraq was on the verge of producing
significant amounts of heavily enriched uranium that would have allowed
it within two or three years to produce a nuclear weapon. Fortunately,
the Gulf War heavily damaged Iraq's nuclear facilities. By the end of
UN inspections in 1998, the International Atomic Energy Agency (IAEA)
was confident that Iraq's indigenous nuclear weapons program had not
produced more than a few grams of weapons useable material. However,
Iraq's nuclear potential was not completely eliminated. The scientific
and technical expertise of Iraq's nuclear program survived, and Baghdad
has tried to keep its core nuclear teams in place working on various
civilian projects.
Publicily available consensus analysis produced by the London
Institute of International Strategic Studies and others suggests that:
Iraq does not possess facilities to produce fissile material in
sufficient amounts for nuclear weapons, that it would require several
years and extensive foreign assistance to build such fissile material
production facilities, but that it could assemble nuclear weapons
within several months to perhaps one or two years if it could obtain
relevant fissile material.
Prior to the Gulf War, Iraq produced Biological Weapons (BW) agents
in volume. Subsequent to it invasion of Kuwait, Baghdad accelerated
large scale BW agent production and assembled rudimentary BW munitions.
These weapons were distributed to military units, who were delegated to
use them if allied forces advanced on Baghdad or used nuclear weapons.
Most of the regime's key BW facilities, which had been hidden from
Western intelligence agencies, escaped attack during the Persian Gulf
conflict. But in violation of the BWC that Iraq ratified as a condition
of the 1991 Gulf War cease-fire agreement, Saddam continued to conceal
his BW program until 1995. Since December 1998 when UN inspectors left
the country, there has been virtually no verifiable information about
the status of Iraq's BW program.
Credible, public reports suggest Iraq can produce new stocks of bulk
BW agent, including botulinum toxin and anthrax. BW agent could be
delivered by short range munitions including artillery shells. Delivery
by ballistic missile is more problematic. Refurbished L-29 trainer
aircraft could operate as weapons-carrying unmanned aerial vehicles
(UAVs) with a range of over 600km. Such UAVs might be considerably more
effective than ballistic missiles in delivering CBW. Commando and
terrorist attack is also possible.
The best estimates of the current situation suggest that: (1) Iraq
has retained substantial growth media and BW agent (perhaps thousands
of liters of anthrax) from pre 1991 stocks, and the regime is capable
of resuming BW agent production on short notice at existing civilian
facilities and in new mobile laboratories; (2) it could have produced
thousands of liters of anthrax, botulinum toxin and other agents since
1998, but actual stocks are unknown.
As is well known, Iraq used chemical weapons extensively against
Iranian troops from 1982-1988. In the years immediately prior to the
Gulf War, Iraq made further progress in developing binary chemical
munitions, producing and weaponizing the advanced nerve agent, VX. The
Gulf War however devastated Iraq's primary CW production facilities and
a large portion of its stockpile of CW munitions.
Through 1998, UNSCOM was able to dispose of large quantities of CW
munitions, bulk agent, precursors and production equipment that were
not destroyed in combat. In addition, unless Iraq has managed to
modernize its 1990-era special warheads, its ability to disseminate
effectively CW agent on ballistic missiles is questionable, since so
much agent would be destroyed on impact. Iraq's known ability to marry
chemical warheads to its rocket and artillery pieces (with ranges up to
about 18.5 miles) could complicate operations for opposing forces, who
would be required to wear protective gear.
The best publicly available assessment of the current situation is
that: (1) Iraq has probably retained a few hundred tons of mustard and
precursors for a few hundred tons of sarin/cyclosarin and perhaps
similar amounts of VX from pre-1991 stocks; (2) it is capable of
resuming CW production on short notice (months) from existing civilian
facilities; and (3) it could have produced hundreds of tons of agent
(mustard and nerve agents) since 1998. Actual stocks, however, are not
known.
Iraq of course prohibited by UN Resolutions from possessing ballistic
missiles with a range greater than 150km. In the 1970s Iraq began to
import Scud B missiles with a range of 300km from the Soviet Union and
acquired roughly 820. In the 1980s Iraq worked to modify the Scud
missiles in order to double their range. The new missile, called the al
Hussein, with a range of 650km, was used during the war against Iran.
In the wake of the Gulf War, much of Iraq's missile infrastructure lay
in ruins. Moreover, the U. S. and U. K., during Operation Desert Fox in
December 1998, attacked a number of missile related facilities.
During the inspections period Iraq continued to conduct small scale
covert research and development on proscribed missiles. In addition,
Iraq continued missile related procurement efforts. UNSCOM attempted to
account for all imported missiles and for indigenously produced
missiles, but that accounting was incomplete. It is prudent to assume
that Iraq has been able to retain some of its proscribed missiles.
Also, it is likely that Iraqi engineers will have been able to increase
the range in its short-range al Samoud missiles to 200km with a few
hundred kilograms payload suitable for CBW delivery.
The publicly available estimates of Iraq's missile capabilities
suggest that: (1) Iraq has probably retained a small force of about a
dozen 650km range al-Hussein missiles, which could be armed with CBW
warheads, capable of striking Israel, Saudi Arabia, Turkey, Iran and
Kuwait; (2) the Iraqi regime does not possess facilities to produce
long range missiles and it would require several years and extensive
foreign assistance to construct such facilities; (3) it may have a
small number of al Samoud missiles with ranges of up to 200km able to
strike Kuwait but only if deployed within the southern no fly zone; (4)
Iraq is capable of manufacturing rudimentary CBW warheads, while its
development of more advanced designs is unknown; and (5) Iraq has been
developing very small unmanned aircraft suitable for CBW delivery.
According to the Department of State, Iraq is also a state sponsor of
terrorism. Saddam Hussein's brutal regime has provided headquarters,
operating bases, training camps, and other support to terrorist groups
fighting the governments of neighboring Turkey and Iran, as well as to
hard-line Palestinian groups. During the 1991 Gulf War, Saddam also
commissioned several failed terrorist attacks on U.S. facilities. After
the war, Saddam attempted to assassinate former President Bush. More
recently, the question of Iraq's link to terrorism has become more
urgent with Saddam's determination to develop weapons of mass
destruction, which could be shared with terrorists.
At the present time, there is no hard evidence linking Saddam to the
9/11 attacks, and Iraq denies any involvement. However, his government
expressed sympathy for those who attacked us and some Iraq watchers
suspect Saddam was at least indirectly involved. In this regard, Czech
officials reported last
[[Page H7713]]
year that Muhammad Atta, one of the September 11 ringleaders, met an
Iraqi intelligence agent in Prague months before the hijackings, but
U.S. and Czech officials subsequently cast doubt on whether such a
meeting ever happened. Some militants trained in Taliban-run
Afghanistan are helping Ansar al-Islam, a Kurdish extremist group that
Suddam uses to harass his own Kurdish foes. Finally, al-Qaeda members
fleeing Afghanistan have reportedly hid in northern Iraq, but in areas
beyond Saddam's control. In addition, evidence has recently come to
public light suggesting a wider array of contacts between al-Qaeda and
the Iraqi regime than had previously been know, including hospital care
for an al-Qaeda leader.
In this context, the case for military intervention at this time
rests on three key assumptions: that the containment of Iraq through
sanctions is a failed policy; that the Cold War concept of deterrence
is no longer a viable strategy for dealing with an erratic Iraqi
leadership potentially allied with al-Qaeda or other terrorists; and
that new unrestricted weapons inspections, even if Saddam were to agree
to them, are unlikely to be effective.
There is perhaps a fourth, albeit often unstated basis for
intervention: that deposing Saddam and establishing a democratic,
western-oriented government in Baghdad would decisively reshape the
politics of the region in a manner highly beneficial to the United
States, by delegitimizing the forces of radicalism and creating a
powerful model of Islamic modernity and moderation.
Taken together, these assumptions make a compelling case for the
United States and the United Nations to seek, both through the
enforcement of existing resolutions as well as the enactment of one or
more additional resolutions, Iraq's complete and unconditional
compliance with all relevant UN resolutions, particularly those
demanding the disarmament of its weapons of mass destruction.
To paraphrase the just war theologian Michael Walzer in his
discussion of the ethics of Israel's preemptive intervention against
Egypt in 1967 and an Iraqi nuclear reactor in 1981, Saddam Hussein,
through his continued efforts to develop weapons of mass destruction
and their means of delivery has demonstrated a manifest capability and
intent to injure, and a degree of active preparation that makes that
intent a positive danger. The great judgmental question is, to again
cite Walzer, whether in the current situation waiting, or doing
anything other than military engaging, magnifies the risk.
It is perhaps likely, even highly likely, that Saddam will ultimately
refuse to meet the demands of the world community. Particularly if this
is the case, authorization by the Security Council for regime change
would be an appropriate response. But there is little evidence that
suggests the immediate, urgent ``necessity of self-defense,'' so
instant, and overwhelming, as to leave the United States no choice of
means, and no moment for deliberation. The case for regime change is
compelling, but precipitating a change in leadership is different than
going to war with a country and its people.
Containment through targeted sanctions--in effect, coercive arms
control--is fraying, in part because of irresolution on the part of key
members of the U.N. Security Council, such as Russia and France, and
because both Iraq and key regional states profit from sanctions-
busting. According to the General Accounting Office, Iraq may have
earned as much as $2.2 billion last year in illicit exports and oil
surcharges. Over time, the breakdown in containment would almost
certainly create conditions under which Iraq could produce a nuclear
weapon.
Nevertheless, flawed as sanctions may be, published reports in the
press this summer suggested many senior U.S. military officers believed
that Saddam Hussein poses little immediate threat and have concluded
that the United States should for the time being continue its policy of
containment rather than intervening directly.
Can Saddam be deterred from aggressive action now and in the future,
particularly if he is able to successfully accelerate development of
weapons of mass destruction? The evidence is mixed. During the Persian
Gulf War, he refrained from using weapons of mass destruction because
of American and Israeli threats of nuclear retaliation. He was likewise
deterred from again attempting to attack Kuwait in 1994.
Yet he is so hostile to the United States and Israel, so bent on
regional domination, his frames of reference and decision-making
processes so opaque, and possibly irrational, and his ties to
international terrorism such as obvious source of concern, that it is
at best an open question whether a nuclear-armed Saddam is ultimately
deterrable. In the long run, it is highly probable that no American
president can afford to take that risk.
As to inspections, the evidence suggests that an intrusive
inspections regime can produce positive results, but can never be fully
reliable or completely effective. In their first five years, the United
Nations Special Commission in Iraq (UNSCOM) made some progress toward
inspecting and disarming Iraq's chemical, biological, and missile
materials and capabilities. The so-called IAEA Action Team, did the
same for Iraq's nuclear program. The main problem was that UNSCOM was
never allowed to fully scan the country or finish its work. Since the
Iraqi government terminated its work four years ago, the country has
been free of monitoring and inspection.
Just war doctrine focuses on right intentions and prospects for
success. Intentions and goals matter in war. A nation should only wage
war for the cause of justice, rather than for self-interest or
aggrandizement. The issue of intention must be balanced with concern
for practicalities as well as consequences, both of which should be
considered before declaring war. The decision to go to war must be
essentially protective; the goal of war is to obtain a just and durable
peace. The ancillary requirement that there must be prospects for
success means that the use of arms must not produce negative effects
and disorders graver than the evil to be eliminated.
In this case the risks of inaction are real; the risks of action
extraordinary. The only certainty is that any military action involving
a great power will bring about unintended consequences. It is a
distinct possibility but not certainty that conflict with Saddam will
be short and decisive, as it was during the Gulf War. It is also
possible that a new regime can be found and put in place with as much
ability and legitimacy as in Afghanistan.
On the other hand, one should always hope for the best but plan for
the worst. America's greatest living statesman, George F. Kennan,
recently made the sage observation that ``war has a momentum of its
own, and it carries you away from all thoughtful intentions when you
get into it. Today, if we went into Iraq . . . you know where you
begin. You never know where you are going to end.''
Many have expressed concern about the ``end game''--the difficulty of
potential street combat, of establishing legitimate government, of
dealing with the long-term implications for American interests in the
Muslim world of an intervention in Iraq. But concern for the ``end
game'' should not cloud the enormous difficulties of the ``beginning
game.'' What happens when a strike commences?
What happens to our ability to secure cooperation in the long-term
campaign against global terrorism? What about American leadership in
the global economy?
From an operational perspective, the assumption in some quarters
appears to be that once we initiate conflict Saddam will be on the
defensive, hunkering down, perhaps waging defensive guerrilla warfare
in the cities and countryside, while the United States and its allies
enjoy the initiative.
This may be the case, but Saddam has had a lot of time to strategize
on how to maximize American casualties, energize potential support
outside Iraq--including terrorists--and increase his martyrdom.
My concern is that Israel may be underestimating the potentially
devastating effects of a biological weapons assault while the United
States may be understanding the potential of a pan-Muslim backlash.
In terms of military pitfalls for the United States, one
``nightmare'' scenario involves determined resistance in Baghdad and
perhaps other major cities by the Iraqi Republican Guard. Should we be
compelled to engage, the casualties on both sides, including civilians,
could be substantial.
But the greatest danger that we cannot ignore is the possibility that
a campaign against Iraq expands into a wider conflict within the Arab
world against Israel. Indeed, it is virtually inconceivable that
military intervention against Iraq will not cause an immediate
retaliatory strike against Israel. In the Gulf War, Iraq sent 39 scud
missiles against Israel--missiles that could have been but were not
tipped with chemical weapons. Chemical weapons were used with some
devastation in World War I and in closed settings with gruesome
ramifications in the Holocaust. Today the vastly greater danger is
biological agents. Biological weapons pose a danger thousands of times
greater than chemical weapons. The delivery of such weapons on
missiles, unmanned aircraft, by hand and or through the mail could be
traumatic for Israel and world society. Likewise, if Iraq were to
launch any kind of weapons of mass destruction against Israel, Israel
would have to seriously consider a retaliatory response, perhaps
including nuclear weapons.
It is also conceivable that action against Iraq, particularly a
prolonged campaign with significant civilian casualties, could spark
outrage in the Muslim world, and unleash a new surge of anti-
Americanism. While there is little support for Saddam Hussein outside
of Iraq, there is extraordinary opposition to America going to war
against a Muslim country. Terrorism around the world could be
supercharged. Even without Israeli involvement, friendly governments in
Jordan, Pakistan and
[[Page H7714]]
Saudi Arabia might be destabilized. A multi-year, multi-decade or
multi-century conflict could ensue.
Should Saddam's hold on power or his personal security be in imminent
jeopardy, it would appear probable that he may utilize the techniques
of terrorism--possibly including weapons of mass destruction--to defend
his regime and wreak revenge on his enemies.
In addition, it is also conceivable that new dangers would emerge
with a feeble or hostile successor regime. Chaos, bloodshed and revenge
might follow. Weapons of mass destruction might fall into a greater
number of hands. An unstable Iraq could be a haven for terrorists and a
continuing threat to regional peace.
Indeed, it is impressive how little, not how much we know, especially
attitudinally in Iraq and the Muslim world about the potential of
American intervention in Iraq. To what extent will support be
manifested for Saddam? Will there be disorder, chaos, bloodshed and
revenge? Will the Shia turn on the Sunni minority. Will the Kurds seek
an independent state?
Moreover, it is important to ponder whether an invasion of Iraq would
worsen rather than reduce the threat of terrorists gaining control of
weapons of mass destruction. Saddam could decide to disperse his
weapons stockpiles, and the scientists who build them, into the hands
of global terrorists. Even if he did not order such, in the chaos of
war it is conceivable that individual Iraqi commanders and scientists
might make their own profit-oriented accommodation with terrorists.
More broadly, it is by no means clear that regime change in Iraq,
even if successfully carried out, will significantly diminish the
threat from Islamic extremists who share little in common with Saddam
Hussein.
Hence the need for the United States to pursue a vigorous two-pronged
approach in the Middle East: intensified efforts to resolve the
Palestinian-Israeli conflict and greater focus on economic development
and democratization in the region.
The importance of resolving the Israeli-Palestinian standoff cannot
be underestimated. We know from attitudinal surveys that Muslims
generally like Americans and admire American culture. Many have chosen
to immigrate to the United States. They do not, however, trust our
government. To win the war on terrorism we will have to convince
Muslims throughout the world that we are, in fact, favor justice and
the creation of just societies everywhere.
All Americans understand we share a common concern for the fate of
the Israeli people and the viability of the Israeli state. The
commitment of the United States to Israel must be bedrock. We must
support Israel and help bring peace and stability to the region. There
must be continuity of commitment, but there must also be recognition of
opportunities to lead. Unfortunately, critical opportunities have been
lost in partial measure because Presidents were imperfectly skilled and
in some cases wanted to operate in relationship to timing they hoped to
control rather than in relationship to circumstances and events in the
region.
For example, optimism surrounded the Oslo accord precipitated by
President Bush's father. Yet the United States lagged in efforts to
push immediately thereafter the logical steps that should have been
taken to create a long-term framework for peace. To his credit,
President Clinton pressed at the end of his administration for a
breakthrough agreement. At Camp David, Arafat turned his back on the
most forthcoming peace proposal Israel has ever formally made. The
tragedy of Arafat was not that he had to accept every parameter of the
proposal put forward by Prime Minister Barak, but that he failed to
make a counteroffer, thereby destroying prospects for peace, implicitly
thumbing his nose at Israel and the prestige of the American
presidency.
Following the breakdown of the Camp David talks in July 2000, and the
subsequent outbreak of violence on September 28, the sides nevertheless
agreed to continue negotiations at lower levels during December and
January 2001 at the Egyptian town of Taba. As President Clinton left
office, Barak's government had but a few weeks of life left before the
election that brought Ariel Sharon to power. The outbreak of the
violence had made it unlikely that Israelis would approve any proposal
of concessions to the Palestinians in a referendum. Nonetheless, both
sides hammered out proposals that came much closer to each other's
positions than before.
No official summaries of the proposals were issued, but subsequent
leaks provided some details. The Palestinians, according to Israeli
sources, agreed to a map that would allow Israel to keep most of its
settlements and about 4 percent of the territory.
But given the short time left to the Barak government, the
preoccupation with the transition in Washington, and the continuing
violence, the proposals came to nothing. Both sides had agreed that the
proposals would be binding only if they resulted in an agreement. The
joint communique noted, however, that foundations had been laid for
future discussions.
The new administration held that President Clinton had attempted to
negotiate on his time frame and increased tension by seeking a
resolution that was not ripe. My sense is that the Bush team was half
right. President Clinton had pressed on his time frame but erred by
being tardy instead of premature. If pressed two or three years earlier
by the Clinton Administration, the Barak approach would have been more
sympathically received. And if the Taba framework had been immediately
pressed on the parties by the new Bush foreign policy team which was
initially so well received in the Arab world, quite possibly a
breakthrough agreement could have been made.
Two opportunities for resolution of the Israeli-Palestinian issue,
one in this and the other in the prior Administration, were not grasped
and this circumstance hangs like dangling fruit to terrorists the world
over.
The major US foreign policy concern in the region must be resolution
of the Israeli-Palestinian issue. All administrations at all times must
dedicate themselves to this challenge. In this context, the need to
achieve peace between Israel and the Palestinians is of far greater
significance than waging war with Iraq. Whether we like it or not,
whether it is fair or rational or not, we are simply in a far better
position to deal in whatever way we choose with Iraq after an Israeli-
Palestinian settlement. It is a far less favorable circumstance if we
attempt to deal with Iraq beforehand.
Some contend that Israel is in a far stronger strategic position if
the United States quickly and successfully disarms Iraq. This may be
the case. But no country carries greater risks during the conflict and
in its aftermath than Israel if intervention proves messy, if Iraq is
able to unleash an attack on Israel.
In the Middle East, there are two sets of value scales. From a
Western perspective, the case for creating and protecting the state of
Israel because of the history of pogroms and the Holocaust is
compelling. From a Muslim perspective, an argument can be made that
Arab peoples have a historical claim to parts of the Holy Land and its
holy places and no responsibility for the Holocaust. The challenge is
to take these juxtaposed value systems and reach a reconciliation both
sides can respect and live with on a long-term basis. My sense is that
somewhere around the points laid on the table at Camp David and Taba
there is a basis for a credible resolution, but it is very doubtful
given the current state of enmity and distrust between the parties
between the parties that slow-paced, partial steps can lead
incrementally to a larger vision of peace and accommodation.
Nation-building was used pejoratively during the last campaign, but
America has no choice but do more ourselves and to press our allies
much more forthrightly for assistance to Afghanistan, a country in
which we effected a constructive change of government. For all the
unfortunate consequences that can sometimes befall policy, we are most
fortunate to have a leader in charge that the world can respect. This
circumstance, however, may change quickly based on reaction to actions
inside and outside of Afghanistan. A U.S. war with a Muslim country
will have wide consequences elsewhere, some good, some bad, most
unpredictable.
Here it should be noted that there has been relatively little
discussion about the commitments, likely to be of a long-term
character, that Washington must undertake after a military campaign
against Iraq. The term ``regime change'' does not adequately describe
the full scope of what we expect to achieve as a result of a military
campaign in Iraq. We would be expected to work with Iraqis, including
those outside Iraq, to both develop a new constitutional structrue as
well as find credible post-Saddam leadership--leadership that hopefully
would share our objectives with respect to the elimination of weapons
of mass destruction, development of democratic institutions, etc. We
will almost certainly need substantial forces on the ground in order to
prevent bloodletting, secure important economic and military assets,
and prevent possible Iranian meddling. And although Iraq has
substantial oil reserves and therefore a better resource base than
Afghanistan from which to assist in financing reconstruction, the costs
of humanitarian assistance and rehabilitation could nevertheless be in
the billions of dollars.
We lack firm estimates of the domestic cost to the U.S. of a
potential conflict. Seat of the pants White House estiamtes range from
$100 billion to $200 billion, with the price of oil estimated to rise
to perhaps $30 a barrel for some unknown period of time. More recently,
the Congressional Budget Office estimated that fighting a war with Iraq
could cost the U.S. between $6 and $9 billion a month, with preparing
for a conflict and terminating it later adding other $14 billion to $20
billion to the total.
The 1991 Persian Gulf War cost $60 billion in 1991 dollars, with the
brunt picked up by
[[Page H7715]]
our friends and allies, notably the Kingdom of Saudi Arabia, Kuwait and
Japan. It is unlikely there will be comparable help in defraying the
costs of a military action and any subsequent nation-building in Iraq.
Our war aims with Iraq also need clarification. The goal of the U.S.
should not be the total disarmament of Iraq, as some appeared to have
call for, but the elimination of his weapons of mass destruction.
Disarmament implies that Iraq cannot have an army, a proposition no
sovereign state is likely to accept. Indeed, Western policy in the
region for decades advocated a balance of power, not vacuum of power.
The reason to distinguish the elimination of weapons of mass
destruction versus total disarmament is more than theoretical. U.S.
policy should be based on establishing a strong unitary Iraq with a
professional army accountable to democratic forces. As we proceed
toward possible invasion, the goal should be to seek the Iraq army to
identify with the United States, not Saddam.
The challenge is to make it clear that our goal is more democracy,
prosperity, and the uplifting of Iraqi society, one which can lead the
Muslim world with a model of modern democracy and prosperity.
Saddam is a rogue leader, but Iraqis are not a rogue people. Care
must be taken to distinguish the leadership from the country itself. No
country or peoples are intrinsically evil, though individual leaders
such as Saddam can clearly be malevolent.
In historical terms, Saddam is a Stalinist. The case for regime
change is real, but the prospect of our demolishing Iraqi society or
Saddam blowing up his own country's infrastructure--bridges and oil
fields--is not a happy one. Perhaps the prospect of such a catastrophe
will lead to regime change precipitated internally, which could be the
maximum outcome for all.
In Just War theory, the criterion of right authority determines who
is to decide whether or not resorting to war is justified.
Reasonable men and women can agree in a ``just war'' context on the
moral and legal authority of the President, acting with the express
authorization of the Congress of the United States, to initiate a
police action to enforce international law.
Likewise, reasonable men and women generally ought to be able to
agree on the moral and legal authority of the Security Council to
authorize the enforcement of UN resolutions requiring a country to
abide by international conventions on weapons of mass destruction.
It should be self-evident that while a country like the United States
has an obligation to protect its citizens without a formal UN
resolution, it is vastly preferable for American strategy to be based
on formal international support.
UN support would impress upon Saddam Hussein that he is not just
facing a United States Administration, but the will of the world
community. Security Council endorsement would bolster American security
by helping make it politically possible for others to join in enforcing
international law and by undercutting the legal and moral base of those
who might object.
In this context, the President is to be commended for taking the case
to the United Nations. He is to be commended for endeavoring to reach
out to the world community by deciding that the United States should
rejoin UNESCO. He is to be commended for laying out the challenges Iraq
poses to the world community and to the region. He is further to be
commended to bringing his case to the Congress.
Words matter. Care must be taken in their use. Words lead to
processes that sometimes make careful judgments difficult to obtain. At
this time, for instance, the case for regime change is powerful. But
this does not necessarily mean that urgency for military intervention,
even with UN authorization, is compelling. There have been too many
instances in history where leaders have boxed themselves in with words,
and when actions tied to words may cause, domino fashion, further
actions to transpire which might not be contemplated or warranted by
the initial statements made.
Utterance restraint is an attribute that has received less attention
and less approval than should be the case in statesmanship. In this
context, the unintended consequence of describing countries as evil and
personalizing strategic doctrines must be recognized.
In Vietnam, for instance, the basis for our engagement stemmed more
from a domino theory of decision-making than the more widely discussed
domino government-toppling potential. When American presidents make
statements, policy decisions can result which lead to actions which may
not fit the circumstance in which the statement was originally framed.
More recently, in the Balkans, America got involved after giving a
series of warnings that if Serbia didn't go along with the Rambouillet
Accord, the United States and NATO would intervene. The United States
made threats which were not taken seriously by adversaries which led to
intervention that might not have occurred if the warnings weren't made.
The decisions to intervene was made in part because of a concern about
preserving presidential credibility, and the need to make a particular
president's words meaningful, despite the fact that few Americans knew
the president had made statements in this arena.
In the case before us it is suggested that authorization for use of
force may cause others to act in such a way as to make use of force
unnecessary. But the greater problem seems to me to be problem of a
leader who pushes for authorization and then faces the question of
follow through. The logic is force may not be inevitable but its
authorization surely makes a decision for restraint difficult.
There is a thin line between the exercise of superpower
responsibility and the prospect of superpower folly. The timing,
perhaps more than the substance of this resolution is in doubt.
Judgment and timing must go hand in hand. It may have been a mistake
back in 1991 not to have pursued Saddam because of our assumption that
the Iraqi people would come to their senses and replace him. But that
failure to act does not necessarily legitimize assumptions that
intervention today can legally be carried out in the context of
resolutions both Congress and the UN applied a dozen years ago. The
greatest legal case against Saddam relates less to Security Council
resolutions than his development of biological weapons which contravene
international law and jeopardizes the health of the region.
In general, the criterion of last resort has a common sense
interpretation in which it functions as a reminder that the resort to
violence must be, to a significant degree, reluctant. It enjoins us to
make serious efforts at peaceful resolutions of our political problems
before going down the path of war. The term ``peaceful'' is itself open
to varied interpretations, but is usually taken to include a
comprehensive range of nonviolent methods that may involve `'coercive
diplomacy,'' including sanctions of an economic and political
character.
The principle of proportionality evaluates the effects or ends of
war. In this regard, proportionality is `'counting the costs'' or cost-
benefit analysis. In just was theory this principle insists that there
be due proportion, that is, less evil following from acting rather than
not acting in the manner contemplated. War is not justifiable if it
will produce more death and destruction that it prevents. Understood
properly, proportion has the potential for overriding just cause.
Although Iraq is clearly a menace, there is little evidence to
suggest that it poses a direct and immediate threat to the vital
interests of the United States sufficiently grave as to lead to no
other credible alternative to war. As former NATO commander General
Wesley Clark testified before congress, ``There is nothing that
indicates that in the immediate--the next hours--the next days--that
there is going to be nuclear missiles put on launch pads to go against
our forces or our allies in the region. And so I think there is, based
on all the evidence available, sufficient time to work through the
diplomacy of this.''
Former National Security Advisor Brent Scowcroft argued this summer
in the Wall Street Journal, that Saddam's strategic objectives appear
to be to dominate the Persian Gulf, to control oil from the region, or
both. This clearly poses a real threat to U.S. interests. But there is
little hard evidence to suggest Saddam has close ties to al-Qaeda, and
even less to the 9/11 attacks. Given Saddam's psychology and
aspirations, Scowcroft considers it unlikely that he would be willing
to risk his investment in weapons of mass destruction by handing them
over to terrorists who could use them for their own purposes ``and
leave Baghdad as the return address.'' Saddam, Scrowcroft suggests,
seeks weapons of mass destruction not to arm terrorists, but to deter
us from intervening to block his aggressive designs.
In addition, as of this moment, with current sanctions in place and
the Security Council contemplating reintroducing weapons inspectors
under existing of new UN resolutions, it cannot credibly be claimed
that America or the world have exhausted non-violent alternatives.
I accept in principle that military intervention against Iraq might
be considered legitimate law enforcement under just war doctrine. What
I do not accept is that it is justified at this time because of the
disproportionately horrendous consequences such action may precipitate.
The reason I am doubtful relates less to the risks to American
national interests which accompany intervention in the Muslim world, as
real and as large as I believe them to be, but principally because of
the risks invasion may pose to civilization itself.
As I have listened to various proponents, the efficacy of military
intervention is based on the assumption that a cornered tyrant will not
initiate the use of weapons of mass destruction, providing the U.S. and
others the opportunity to destroy or otherwise seize effective control
of such weapons before Baghdad can issue orders to strike.
[[Page H7716]]
This assumption may represent the most dangerous intelligence
estimate and the frailest tactical assumption in human history.
What is known is that Saddam Hussein controls tons of biological
agents. What is known is that he is attempting to develop a nuclear
explosive device, and while it is unlikely, it is conceivable he may
control such a weapon today. Even if we assume our intelligence to be
correct and his nuclear capacity is yet to be achieved, we can be sure
he has a BW capacity, portable and hidden. We know he has the means of
delivery.
Therefore, intervention assumes Saddam's delayed contemplation of BW
usage. But what if Saddam is prepared to use BW immediately? What if he
seeks wider Arab support by attempting to engage Israel? And what if
Israeli leadership responds proportionately, perhaps
disproportionately?
If biological agents are released in Haifa or Tel Aviv, the prospect
of a nuclear response is not remote. American troops could be caught in
the crossfire and crosswind of two sets of weapons of mass destruction
coming from different sources, each equally dangerous. Is not the next
6-8 weeks the most dangerous in the history of the region?
Before any strike, it would seem to me the U.S. must know the
location of every biological weapon cache in Iraq and have a clear plan
and capacity to destroy or control these weapons within minutes of the
initiation of military action. Absent that capability, military
intervention would be based upon inadequate intelligence and a
potentially catastrophic misjudgment of intent.
The risks are extraordinary. However, it is suggested that as large
as the risks are today, they will be graver in subsequent years.
Surely, it is said, we cannot allow Saddam's weapons of mass
destruction to deter the United States from taking necessary action.
This line of argument has substantial merit. But it does not
necessarily provide a compelling rationale to intervene today. The
reason it doesn't is because of a lack of understanding of the danger
of biological agents. Pounds or ounces of biological agents, such as
plague or anthrax, can be devastating. Saddam Hussein controls tons.
Given these quantities, adding more does not make him that much more
dangerous.
While a shield may be technologically feasible to develop to shoot
down a missile that leaves the earth's orbit, there is no such thing as
a biological shield. Delivery systems can be rudimentary and multi-
faceted.
The coming conflict with Iraq is not only symptomatic of the problem
of terrorism but arguably stands as the most difficult confrontation in
world history. If biological weapons through usage are legitimized as
instruments of war, the survival of man is in desperate jeopardy. While
the Middle East contains many conflicts rooted in differing approaches
to faith, the Iraq issue is fundamentally different. It has far more to
do with the conjunction of science and despotism than a clash of
civilizations.
The reason the United States led the world community in the
development of the Biological and Toxin Weapons Convention in the 1970s
to prevent the development, production, and stockpiling of biological
weapons is that we came to the conclusion not only that the use of
biological weapons could jeopardize society itself but we also decided
that even experimenting with these weapons was too dangerous in the
world's most sophisticated scientific community. It is a public health
trauma of unprecedented proportions to stockpile these agents, let
alone use them in war.
In this context, the case that Iraqi leadership is lawless is
compelling. And the case for lawful regime change is real. But we are
courting unprecedented danger to the American national interest and the
existence of the state of Israel to move from a policy of containment
and deterrence to a policy of military intervention that may actually
precipitate usage of such horrendous weapons of mass destruction.
Based upon the mendacity of leadership in Iraq, it is hard not to
provide our President with full discretionary support. The problem is
that this resolution contemplates an act of war of unprecedented
consequences. The logic of its words leads to consequences too awful to
contemplate. I must vote no.
Mr. PAYNE. Mr. Speaker, I yield 5 minutes to the gentlewoman from
Oregon (Ms. Hooley), a member of the Committee on the Budget.
Ms. HOOLEY of Oregon. Mr. Speaker, the September 11 attack claimed
the lives of thousands of Americans, and dozens more have perished in
our war against terrorism. Just yesterday, a U.S. Marine was killed in
Kuwait by al Qaeda-trained terrorists. According to press reports, our
Marine was killed in a supposedly secure area, and Kuwaiti authorities
are baffled over how the terrorists were able to carry out their
murder.
I bring up the death of this Marine because it should serve as a
reminder that there are no guarantees in war. We must think through the
consequences of a war in Iraq and get answers to our questions. Because
if we do not ask the tough questions now, in a few short weeks, while
Americans are comfortably at home doing their last- minute holiday
shopping, hundreds of thousands of our troops are going to be deployed
to another combat zone. That, in turn, makes each and every one of us
taking part in this debate responsible for our national security and
the welfare of our troops.
This vote is undoubtedly one of the most important that many of us
will ever cast. This is not a vote on whether the President of the
United States should be able to broaden our war against terrorism to
include Saddam Hussein. It is a vote on whether now is the best time to
attack, given that we do not yet have a new U.N. Security Council
resolution or the support of our closest friends and allies in the
international community. It is a vote on whether now is the best time
to attack given that we have not used the full weight of our economic
and diplomatic might to avert a war. It is a vote on whether we proceed
with war when we have not determined what its objectives are, how long
it will last, how much it will cost, or what kind of a regime will be
set up afterwards.
This is not Desert Storm, where Iraq invaded Kuwait, where we had
clear goals and the support of the international community, and we only
paid about 10 percent of the cost of that war.
Mr. Speaker, I would not raise any of these questions if Congress had
been informed that Iraq posed an imminent threat to the security of the
United States. We have not received that information. And I have many
more unanswered questions, such as: How will the war affect our
economy? How will the war affect our homeland security? What happens to
international cooperation in our hunt for terrorists? What happens if
Iraq lashes out at Israel? Are we prepared to recast our military as an
army of occupation for the entire Middle East?
I am raising these questions because they are the same ones posed to
me every weekend back in Oregon. While there has been a lively debate
on this resolution, it has been far from persuasive. Nobody seems to
have the answers. And, trust me, I have tried, through briefings,
through talking to experts, through going through classified materials.
At this time, I cannot go home with a clear conscience and explain why
I voted to broaden this war with so many questions left unanswered.
So I will oppose the resolution. And for those who have committed
themselves to voting for this measure, please consider asking these
tough questions. It is easier to ask questions before we go to war, not
after we commit ourselves and our young people to battle. When we have
received answers to our questions, and when we have received assurances
that we have tried everything, and that the only way left to nullify
Iraq's threat to our national security is military action, only then
would I vote to use force.
We do not have the answers to the questions. We do not have those
assurances, and so I will vote ``no'' and urge my colleagues to do the
same.
Mr. PAYNE. Mr. Speaker, I yield 5 minutes to the gentlewoman from
California (Ms. Millender-McDonald), a spokesperson really for justice.
Ms. MILLENDER-McDONALD. Mr. Speaker, I thank the distinguished
gentleman from New Jersey for yielding me this time.
Mr. Speaker, I join with my colleagues on both sides of the aisle in
this historic debate with some trepidation and troubled feelings. I
have been marshaling views, like many of my esteemed colleagues, not
only to contribute to this dialogue but, more poignantly, to try to
make sense of what lies ahead for our great country.
Each Member has been consumed with this very critical issue. I am
sure that none of us wants a war, as we know its great cost in human
capital. Therefore, we must go the extra mile necessary to exhaust all
possibilities before America commits to force. That is why this debate
is so critical. And the implications of our decision that follows will
have such portent, not only for us but also for the parents of
[[Page H7717]]
the young men and women whom we ask to make perhaps the greatest
sacrifice.
Until this past weekend, I was quite undecided as to how to respond
to the President's insistence on moving against Iraq, and I took
particular notice of the open-ended nature of the original draft
resolution. Now, as the result of ongoing discussions with the
leadership of the House and Senate, he has thought twice in seeking
unilateral authority. Instead, this revised resolution allows for a
preemptive use of force against Iraq and for his reporting to Congress
after the fact. In short, Mr. Speaker, more questions were raised in my
mind than answers given.
In the past, I have voted to support legislation designed to protect
America's security. After 9-11, I was a clear and avid supporter of
many pieces of legislation to support the President. Thus, I believe it
is clear to all observers that I am a woman of conscience and not
afraid to go on record when this Nation is faced with a clear and
present danger to our way of life, our liberties, and our security.
I too believe that the world is dealing with a tyrannical dictator in
Iraq and that he should not be allowed to terrorize neighboring states
nor his own citizens. Saddam Hussein must and should be stopped. But
how? What is the best and most appropriate way to contain him and
destroy his unbridled power? Is it by having the U.S. go alone to
confront this geopolitical problem that has a far-reaching impact on
the entire world?
That is why this debate needs to be thorough and public, Mr. Speaker.
We must look at the long-term domestic and international consequences
and policy implications of intervening in Iraq. Before a declaration of
war can be proclaimed, there must be an accounting of the cost both at
home and abroad.
In his talk to the American people this past Monday, the President
upped the ante, so to speak, and I, for one, was pleased to hear him
say that war is the last resort. We must not forget that we are already
fighting a war in Afghanistan and are deeply obligated to help bring
security and reconstruction to that country. The costs are great, more
than $1 billion a month. Can we continue to meet such expenditures? How
long will our commitments continue there? Can we afford to fight two
wars? What is the exit strategy after we go into Iraq when there is
none in place for Afghanistan as yet?
Mr. Speaker, many of my constituents have overwhelmingly called me to
let me know they do not stand for having their sons and daughters go to
war and return home in body bags until all possible diplomatic avenues
have been exhausted. They want to see us, the political leaders of this
great country, commit ourselves to working with the United Nations in
every conceivable manner to exercise international action against a
tyrant in Iraq. They want to see us enter into a rigorous international
alliance under the U.N.'s banner to force the dismantling of Iraq's
massive weaponry through a comprehensive inspection system.
The American people are not fools. They know that war with Iraq
inevitably will mean that their domestic priorities would suffer from a
lack of attention and resources. Our unfinished business on health
care, prescription drugs, welfare reform, and a faltering economy, due
in large part to corporate greed and malfeasance, and the President's
top tax cut, would remain on the back burner.
{time} 0000
I agree that Iraq has carried out regression on its own people and
has not met its obligations under the U.N. resolutions.
Mr. Speaker, I will not be supporting this resolution.
Mr. ISSA. Mr. Speaker, I ask unanimous consent to yield 40 minutes to
the gentleman from New Jersey (Mr. Payne), and ask that he may control
that time.
The SPEAKER pro tempore (Mr. Shuster). Is there objection to the
request of the gentleman from California?
There was no objection.
Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I thank the gentleman from California for yielding me
the additional time. We appreciate the cooperation from the other side.
Mr. Speaker, I yield 5 minutes to the gentleman from Washington (Mr.
Baird), a member of the Committee on Transportation and Infrastructure.
Mr. BAIRD. Mr. Speaker, the Constitution of the United States
reserves to the Congress of the United States the authority to declare
war. That is as it should be, for no more weighty matter confronts a
nation, and it is fitting in a Republic that a decision such as this be
made by the people's representatives.
Let us be clear. Saddam Hussein is a dangerous, malicious dictator.
He has committed multiple atrocities, both towards his own people and
others in the Middle East. He has refused to comply with U.N.
resolutions or to allow weapons inspectors to fully identify and
destroy his arsenal of chemical, biological and potential nuclear
weapons. He has circumvented economic sanctions and has spent money
from oil sales on weapons systems and personal luxuries for himself and
his political cronies, rather than on the Iraqi people.
Given those facts, I believe we must increase the pressure on Iraq
and insist on expanded weapons inspections with much greater resources
and no restrictions. This should be done through a multinational effort
coordinated through the United Nations and with the support of allies
and other nations throughout the world.
The United States is absolutely right to insist on this and to take
the lead in this effort. With international support, the United States
stands the greatest chance for a successful outcome; and if military
intervention is necessary, the number of casualties will be reduced and
the regional repercussions will be lessened.
That is why I will support the Spratt amendment authorizing the
President to seek international support for expanded inspections; and
if Saddam Hussein refuses to comply with such inspections and an
international coalition exists, the President would be authorized to
commit U.S. military resources under U.S. command.
If, however, it is not possible to achieve a multinational coalition,
in those circumstances the risks, the costs, and the international
implications of a unilateral attack will be far more severe. Such an
attack may be necessary, but before taking that step, the President
should return to the Congress, explain why agreements have not been
reached. And if in his judgment force is still necessary, he should,
consistent with Article I of the Constitution, seek the authorization
of the Congress for military force.
Throughout the discussions of war with Iraq, I have asked fundamental
questions: What threat is posed by Iraq now and in the future? What is
the military strategy for reducing that threat? What will the cost of
that strategy be in human casualties on all sides? What are the
international implications and potential regional scenarios that might
be developed, and what is our long term strategy for the region?
I believe the first question has been answered. It is apparent that,
while the threat to our own Nation may not be imminent, if allowed to
go on Saddam Hussein will eventually develop even more dangerous
weapons. Beyond that, however, the remaining questions have not been
fully addressed. For each of the issues I have raised, and many others
have as well, the potential risks and costs would be dramatically
greater if the U.S. acts unilaterally rather than in a multinational
effort.
Even some of our strongest allies have indicated they would not
support us militarily or financially if we go it alone. Yet the risks,
costs and consequences of unilateral action have not been adequately
explained to the American people. Whatever course is chosen, I believe
we will not solve the problem of international terrorism or weapons of
mass destruction solely by attacking Saddam Hussein or solely through
the broad use of military force. I understand well the impulse and the
desire to do something and do it now to reduce the threat and fear
created by September 11, and I believe it may yet be necessary to
disarm Saddam Hussein, but we must all recognize that there is no
course of action without risk or that we will eliminate all risk in the
future.
Ultimately, we must look at the source of international conflicts;
and
[[Page H7718]]
we must work to reduce the perceptions and the real conditions that
allow terrorists and others to foment hatred toward our Nation. If we
do not understand and deal with how our actions are perceived
internationally, we will run the risk of defeating Saddam Hussein only
to foster new threats and new hatreds elsewhere.
We can and must dedicate ourselves to the battle against terrorism,
and we can and must hope the pressure applied to the Iraqi regime will
bring about change and greater security. But as we seek that end, we
must not neglect the challenges we face here at home; and we must not
neglect our responsibility to address those challenges with honesty,
forthrightness, and a sense of justice, fairness and a sense of shared
sacrifice befitting a truly great Nation in times such as these.
The President of the United States and all Members of Congress have
dedicated their hearts, minds and souls to protecting the safety and
well-being of the American people. There are legitimate differences
about how to achieve that in these times; but whatever the result of
this vote, let no one question the motives, the courage, or the
patriotism of those who will make this fateful decision.
Mr. PAYNE. Mr. Speaker, I yield 5 minutes to the gentleman from
Wisconsin (Mr. Barrett), a member of the Committee on Energy and
Commerce.
Mr. BARRETT of Wisconsin. Mr. Speaker, President Bush spoke on Monday
night about the many threats Saddam Hussein poses to international
security and why the President believes he should have the authority to
launch a preemptive, unilateral attack on Iraq to force a regime change
in that nation.
While I respect the President and his sincerity in seeking this
authority, I am not convinced that such an attack is in the best
interest of our Nation.
We all agree that Saddam Hussein is a dangerous man, yet that is not
the topic under discussion here tonight. We are debating whether a
unilateral military invasion is the best way to address the threats
posed by Iraq. I must vote no on this grave issue because I am not
persuaded that a preemptive, unilateral attack is the most effective
way to control Saddam Hussein.
I agree with President Bush that the United States, in conjunction
with our allies in Europe and the Middle East, must make a new effort
to readmit a weapons inspectors into Iraq. A new inspection policy must
give U.N. personnel unfettered access to any and every facility and
have the ability to conduct unannounced surprise inspections. This new
effort needs the full and vigorous cooperation of the U.N., NATO and
nations in the Middle East. A united front is essential to success, and
the international community must join the U.S. in enforcing U.N.
resolutions.
As we survey the international community, however, nations in Europe
and the Middle East, including key allies, range from lukewarm to
downright hostile to the idea of launching a solo strike against Iraq.
Many nations would react negatively to such an action, viewing such a
preemptive U.S. attack as overly aggressive.
The world's response to our attack could easily include a global
anti-American backlash, severely hampering our ability to fight the war
on terrorism, build security and peace in the Middle East, and protect
vital U.S. interests. We must not forget that the war on terror
requires the support and cooperation of our key allies in the Middle
East, Europe and around the world. We rely on these nations to root out
terror cells within their borders and share with us important
information.
We must also remember that since the end of the Gulf War the U.S. has
kept a close eye on Iraq. We have maintained a strong military presence
in the region, imposed sanctions, conducted thousands of military
flights over no-fly zones, and focused our intelligence community on
Baghdad. We have made clear that any misbehavior by Saddam would be met
immediately by overwhelming force. As a result of our deterrence,
Saddam Hussein has not attacked Saudi Arabia, Israel, Kuwait or others
since the Gulf War because he knows that such a move would bring the
full weight of the U.S. and the world upon him. His desire to cling to
power supersedes his hunger for conquest.
If we strike first, we change that dynamic. Knowing his survival
would be at stake, Saddam would have a powerful incentive to use every
weapon in his arsenal to defeat American troops. He might target
Israel, hoping to fan the flames of conflict between Israel and the
Arab world to create chaos in the region.
I am concerned that our preemptive unilateral strike would trigger
the very events we hope to avoid: regional war, rampant instability,
and use of weapons of mass destruction.
We also must recognize that a preemptive unilateral attack against
Iraq would represent a major shift in American diplomatic and strategic
thinking.
{time} 0010
For nearly 50 years we relied upon deterrence to check upon Soviet
expansionism. Deterrence brought us victory in the Cold War without
having to fight a hot shooting war under the shadow of nuclear
annihilation. That same strategy has kept Iraq at bay for more than a
decade.
Now that doctrine is on the verge of being discarded. The potential
consequence of such a shift in strategic thinking includes an
emboldened China moving against Taiwan, Russia acting aggressively
against the nations of her former empire, and India and Pakistan
attacking each other with nuclear weapons.
There are several other critical questions to which we have heard
very few answers. We must have a clear plan on how an attack on Iraq
would transpire, including identifying our military options,
determining our strategy to change the regime, calculating the
potential casualties, and estimating how much an operation would cost
and how it would be funded. We must also see a plan to build democratic
and free market institutions in a post-Saddam Iraq. History teaches us
that how we win the peace is just as critical as how we win war. Thus
far these critical issues have received scant attention.
The international community has an important obligation to ensure
that Saddam Hussein cannot repeat the aggression of his past; and as
the world's most powerful country, we have a commitment to lead.
Through U.N. inspections, continued monitoring, and increased scrutiny
of Bagdad we can meet that responsibility. We cannot, however, move in
a unilateral manner that could jeopardize the peace and security of the
Middle East if not the world. I must vote ``no'' on H.J. Resolution 114
and urge my colleagues to do the same.
Mr. PAYNE. Mr. Speaker, I yield 5 minutes to the gentleman from
Virginia (Mr. Scott), one of our top constitutional lawyers in this
House.
Mr. SCOTT. Mr. Speaker, I thank the gentleman for yielding me this
time.
Mr. Speaker, if our goal is to disarm Iraq, I believe the best way to
accomplish that goal would be to utilize the strategy articulated a few
weeks ago by Secretary of State Colin Powell, that is, to reinstate,
utilizing established rules and supported by multilateral military
force if necessary. This policy has the best chance of working, and it
has the support of the international community. If military force is
needed to enforce the inspections, it will be targeted, focused, and
not requiring a massive invasion force. It will be unlikely to provoke
widespread warfare all over the Middle East; and it is just as likely
to fulfill the goal of disarming Iraq as widespread bombing.
If on the other hand we merely start dropping bombs, how do we even
know where to bomb if we have not inspected first? If we do know where
the weapons are, those locations can be placed first on the inspection
list, and if there is any resistance to the inspection, multilateral
military force could be targeted on those sites.
But today we are discussing a resolution authorizing the use of force
before the inspectors have even had an opportunity to do their jobs.
This resolution represents the last opportunity for Congress to have a
meaningful input in the decision to go to war, and unfortunately there
are many problems and unanswered questions with granting this authority
now.
The first problem is that although the resolution suggests that the
President first try to work with the U.N., that provision is
unenforceable. This is a problem especially because the President has
already stated that he did not
[[Page H7719]]
need the United Nations, and this resolution allows the President to
just notify Congress that, based on the authority granted in this
resolution, he has decided to attack Iraq. Furthermore, the broad
authority granted in this resolution is inappropriate because of the
timing of this vote, less than a month before the election.
Twelve years ago under the first President Bush, the vote to use
military force in the Persian Gulf was taken after the election. The
timing of this resolution also raises questions because there is
nothing shown to be urgent about the situation in Iraq. If the
President discovers that the U.S. is in imminent danger, he is already
authorized to defend the Nation and no one would expect him to wait for
a congressional resolution. If the argument is that the urgency was
created a year ago on September 11, the evidence supporting the
connection between 9-11 and Iraq is at best tenuous.
In addition to these problems, granting the authority in the
resolution is premature because many questions are unanswered. For
example, what plans have been made for the governance of Iraq after we
win the war? And what chance is there that a regime change will create
any better situation than we have now? And to the extent that Iraq has
chemical and biological weapons, is it a good idea to invade Iraq and
place our troops right in harm's way? And what will the war cost, and
how will we pay for it?
Eighteen months ago we had the largest budget surplus in American
history. Today even without the cost of a war, we are approaching the
largest deficit in American history with huge deficits already
projected for the next 10 years. So what is the plan to pay for the
war? Are we going to cut funds for education and health care? Are we
going to raise taxes, or will we just run up additional deficits? And
what will the domino effect be? If we attack Iraq, Iraq may attack
Israel, Israel will attack back, and then everyone in the Middle East
will choose sides, and how will that make us better off than we are
now?
If we are to make progress against terrorism, we have to recognize
that hate is as big an enemy as complex weapons. That hatred may
increase because others will resent the fact that we have chosen to
apply rules to others that we are unwilling to have applied to us. We
would not tolerate applying regime change to the United States, nor
would we accept preemptive strikes as an acceptable international
policy. The CIA has now reported that the chance that Iraq will use
chemical or biological weapons has actually increased since all of the
talk about a war began.
Mr. Speaker, all of these problems persist and questions remain
unanswered, and they lead to the same basic uncertainty. What is the
plan both before and after the war and what are the consequences? Some
have argued that a vote against the resolution is a vote to do nothing.
That is not true. We should act, but based on the information we now
have, I believe the wisest course is to proceed with the strategy
proposed by Colin Powell, and that is U.N. weapons inspections in Iraq
enforced with multilateral military power. That strategy has the
support of the international community. It is most likely to actually
disarm Iraq; it does not require a massive unilateral invasion force;
and it reduces the risk of provoking widespread armed conflict in the
Middle East and terrorism in the United States.
I therefore urge my fellow Members to vote against the resolution.
Mr. Speaker, these votes on the Iraq resolution pose difficult
questions for all of us. A large part of the difficulty is caused by
the Administration's inconsistent policies on what we should do, when
we should do it, and whose approval we need. Not many days ago, the
Administration articulated the policy that it could proceed
unilaterally, without U.N. support, and without Congressional approval,
to attack Iraq, with a preemptive strike, without the necessity of an
imminent threat to the United States, for the purpose of ``regime
change''. On one recent Sunday, Vice President Cheney and Secretary of
State Powell articulated inconsistent descriptions of the
Administration's policy. This resolution, which the Administration is
now supporting, repudiates the initial Administration policy by
requiring the Administration to seek both U.N. cooperation and
Congressional approval. Last weekend, the Boston Globe began an article
on the Administration's position on Iraq with the sentence ``As
administration officials struggle to reach an agreement with U.S.
allies about Iraq, President Bush has been shifting his rhetoric in
favor of less aggressive language that emphasizes disarming Saddam
Hussein rather than ousting him.'' So because of these constant
changes, formulating a response to the Administration's position has
been difficult.
The first question we must address is this: what is the goal? If the
goal is to disarm Iraq, I believe that the best way to accomplish that
goal would be to utilize the strategy articulated a few weeks ago by
Secretary of State Powell: reinstate U.N. inspections, utilizing the
established rules, supported by multilateral military force, if
necessary. This policy has the best chance of working. At a minimum, it
is an important first step. And it has the support of the international
community. If military force is needed to enforce the inspections, it
will be targeted, focused and not requiring a massive invasion force;
it would be unlikely to provoke widespread warfare all over the Middle
East; and it is also just as likely to fulfill the goal of disarming
Iraq as widespread bombing.
If, on the other hand, you merely start dropping bombs--how do you
even know where to bomb, if you haven't inspected first? If you do know
where the weapons are, those locations could be placed first on the
inspection list, and if there is any resistance to the inspection,
multilateral military force could be targeted to those sites.
But today we are discussing a resolution authorizing the use of
force, before inspectors have had an opportunity to do their jobs.
Unlike the first Administration resolution offered a few days ago, this
resolution does require the President to cooperate with Congress and to
try to work with the U.N. This resolution is not as broad as the
previous draft. It is limited to Iraq, not the entire Middle East, but
it still gives the President the authority to attack, if he determines
it to be necessary and appropriate.
This resolution represents the last opportunity for Congress to have
meaningful input in the decision to go to war. And unfortunately there
are many problems and unanswered questions with granting this authority
now.
The first problem is that although the resolution suggests that the
President try to work with the U.N., the provision is unenforceable.
The President merely has to notify Congress, if he chooses to launch an
attack. If we are truly interested in making sure that the President
fully exhausts diplomatic efforts before using force, then the
resolution should not authorize a military attack without a subsequent
statement from Congress.
There is a consensus in the United States that we should work with
the U.N. to the extent possible. But after this vote, Congress will
have no opportunity to require meaningful efforts to seek cooperation
with the U.N. This is a problem especially because the President has
already state his disdain for the U.N. by saying at first that he
didn't need the U.N., and when he finally sought U.N. support, he
implied that if they failed to support the United States, he would
proceed to attack without them. Furthermore, the Administration is now
insisting on new, unprecedented rules for inspections, a position which
may provoke Iraq into resisting the inspections and creating an
unnecessary impasse at the U.N. A more prudent strategy would be to
require the President to come back to Congress and explain that he made
the good faith effort to work with the U.N.--rather than allowing the
President to just notify Congress that based on the authority granted
in this resolution, he had decided to attack Iraq.
Furthermore, the broad authority granted by this resolution is
inappropriate, because of the timing of this vote--less than a month
before the election. This problem is magnified by the fact that nearly
all of the President's statements on the need for this resolution have
been made at partisan political fundraisers, where he attacks
Democratic officeholders. Twelve years ago--under the first President
Bush--the vote to use military force in the Persian Gulf was taken
after the election. That would be a good model to follow, because then
members voted without the interests of personal political
considerations competing with the national interests.
The timing of the vote on this resolution also raises questions
because there is nothing urgent about the situation with Iraq. We have
the same information now that we had 2 years ago. For example, we have
known that Iraq has had the capability to build biological and chemical
weapons for years; in fact we know this because they bought some of the
materials from the United States. Furthermore, no case has been made
that there is an imminent threat to the United States. So why is it
essential for the President to have the authority to attack Iraq now?
If the President discovers that the United States is in imminent
danger, he is already authorized to defend the nation, and no one would
expect him to wait for a Congressional Resolution. So what is different
now? If the argument is that the urgency was
[[Page H7720]]
created a year ago on September 11th, the evidence supporting the
connection between 9/11 and Iraq is at best tenuous. So what is the
urgency to authorize force right before the election?
Another problem with the broad authority granted in the resolution is
that this issue appears to be personal for the President. He admitted
as much when he described Saddam Hussein as ``the man who tried to kill
my Dad.'' The United States should not go to war to settle a personal
vendetta.
In addition to these problems, granting the authority in the
resolution is premature because many questions are unanswered. For
example, if the President uses the authority granted in this resolution
and attacks Iraq, what plans have been made for the governance of Iraq
after we win the war.
And what chance is there that a regime change will create any better
situation than we have now. We cannot forget that the United States was
involved in the regime change in Cuba in which Batista was kicked out
and we ended up with Castro. So why isn't it likely that Iraq will
select someone who hates us even more than Saddam Hussein.
And other questions need to be addressed, such as, to the extent that
Iraq has chemical and biological weapons, is it a good idea to invade
Iraq and put our troops right in harm's way. ``And what will the war
cost and how will we pay for it? There is no question that we are
willing to pay whatever it costs to be successful in the war, but we
can't ignore the questions of ``how long'' and ``how much money.''
Eighteen months ago, we had the largest budget surplus in American
history. Today, even without the costs of a war, we are approaching the
largest deficit in American history, with huge deficits projected for
the next 10 years. The direct costs of the war have been estimated at
$100 billion; the indirect costs, such as higher oil costs, have not
even been estimated. And so, what will we be giving up in terms of
being able to fund education and health care and other needs here in
the United States? Or is the plan to raise taxes? Or is the plan to
just run up more deficits?
What will be the domino effect? If we attack Iraq, Iraq will attack
Israel, Israel will attack back, and then everyone in the Middle East
will choose sides. How will that make us better off than we are now,
especially in our fight against terrorism?
And in the end, what will we have won? In making progress against
terrorism, we have to recognize that hate is as much of an enemy as
complex weapons. The weapons used to cause mass destruction on 9/11
were boxcutters. Firearms and explosives are easily available in the
United States and can be used against buildings or modes of
transportation. If the result of the war is that others hate us worse
than they do now, then we have to understand that suicide bombings in
the United States may increase.
Moreover, that hatred may increase because others will resent that we
have chosen to apply rules to others that we are unwilling to have
applied to us. We would certainly not tolerate another country applying
``regime change'' to the United States. And we would never approve of
preemptive strikes when there is no imminent threat as an acceptable
international policy. Recently, the Administration threatened Iraqi
military personnel with trials as war criminals; but the U.S. policy is
not to subject our personnel to the jurisdiction of international
criminal tribunals. The CIA has now reported that the chance that Iraq
will use chemical or biological weapons has actually increased since
all of the talk about war began.
Mr. Speaker, all of these problems persist and questions remain
unanswered, and they lead to the same basic uncertainty--what is the
plan, both before and after the war, and what are the consequences.
Some have argued that a vote against the Resolution is a vote to do
nothing. That is not true. We should act, but based on the information
we have now, I believe the wisest course is to proceed with the
strategy proposed by Secretary of State Powell--U.N. weapons
inspections in Iraq enforced with multilateral military power. That
strategy has the support of the international community; it is most
likely to actually disarm Iraq; it does not require a massive,
unilateral invasion force; and it reduces the risk of provoking
widespread armed conflict in the Middle East and terrorism in the
United States.
I therefore urge my fellow members to vote against this resolution.
Mr. PAYNE. Mr. Speaker, I yield 5 minutes to the gentleman from
Washington (Mr. Inslee), a member of the Committee on Financial
Services.
(Mr. INSLEE asked and was given permission to revise and extend his
remarks.)
Mr. INSLEE. Mr. Speaker, at its heart this debate tonight is not
about Saddam Hussein. That debate is finished. We know that he is a
tyrant and a thug. The debate tonight is about what our vision of
America in this new age of new threats should be, and the one thing we
should all agree on is America is the greatest Nation on Earth because
it has always hued to certain principles. It has always matched the
might of its Armed Forces with the force of its principles. It has
never resorted through trial and tumult and storm to shortcuts even in
times of difficulty.
And there are three principles that we should think about tonight:
number one, it is an American principle that we engage the
international community in a system of mutual security and
international law; number two, it is an American principle that
countries do not engage in first strikes absent international accord or
truly imminent threat; number three, it is an American principle that
the United States Congress is the group that makes the declaration of
war. And unfortunately, Mr. Speaker, this resolution violates every
single one of those basic tenets of American democracy.
They have put some legislative lipstick on it. They put some nice
fuzzy language around it. But ultimately it violates this rule: no
Congress should give any President a blank check to start a unilateral,
ill-timed war, to let him start a war for any reason at any time with
or without any allies. And in doing so, these principles are violated.
Let me address the first one, the basic principle that America stands
for international cooperation, and this has been a bipartisan principle
for decades in this country. Republican and Democratic Presidents alike
have worked with the international community to develop international
law, international support systems; and we have led the Nation in doing
so.
{time} 0020
We have led the Nation, because a world where countries can strike
one another without international support, without a true imminent
threat, is a law of the jungle. This Nation, even in today's threat,
should lead the world forward to international law, rather than
backward to the law of the jungle.
This concept is more important after September 11 than less, and it
is more important because of what the generals have told us, General
Hoar, General Zinni, General Clark. We need to heed their advice,
because what they have told us is simple and alarming.
They have told us that if we engage in a unilateral attack in the
Middle East, it has the capacity of supercharging Osama bin Laden's
recruitment efforts. There is no victory in the destruction of one
tyrant while breeding 10,000 terrorists. It is true that a unilateral
attack that inflames the Middle East has the capacity of reducing our
security rather than increasing it. This violates an American
principle.
Second, we have a principle of honoring our troops. We do not owe
Saddam Hussein any more time. We do not owe Saddam Hussein anything.
But we owe the soldiers and sailors and our sons and our daughters who
we would send into the streets of Baghdad the ultimate effort to go the
last mile to see if we can resolve the disarmament, and the total
disarmament of weapons of mass destruction, before war. We owe our
soldiers and sailors to make war the last option, not the first step.
I got a letter from a mother from Wenatchee, Washington, this week
making one plea to me that when I took this vote, to say that she
understood her son could be involved in a sacrifice at the cause of
liberty, but not until every option is exhausted, and every option has
not been exhausted. That is why we should pass the separate resolution,
which will call for the President to go to the United Nations, get a
tough, certain, guaranteed disarmament effort, and get this job done.
Third, we are a people who keep our eye on the ball. We have a
principle in this Nation of not becoming distracted, and we do not know
why we should take our eye off the ball, off the threat of al Qaeda,
which 1 month ago was listed as a high threat of repeated terrorist
attacks in this Nation, and go put our precious resources in dealing
with what the CIA yesterday said was a low threat of terrorist
activities. It does not make sense to the American people to do that.
So for those purposes and those principles, international
cooperation, honoring our troops, and keeping our eye
[[Page H7721]]
on the ball, Mr. Speaker, we should reject this resolution and pass the
Spratt amendment. This is the American way.
Mr. PAYNE. Mr. Speaker, I yield 5 minutes to the gentleman from
Maryland (Mr. Cummings), a member of the Committee on Transportation
and Infrastructure.
Mr. CUMMINGS. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, this Nation once again considers a course of action that
will define our moral standing in the history of free peoples. I agree
that America should speak with one voice in response to the challenges
to international peace, security, and human rights posed by the regime
in Iraq. That voice must be founded on the most fundamental of moral
principles: the sanctity of human life.
The value of human life has been the basis for the settled,
bipartisan international policy toward Iraq that we in this Congress
have expressed in the past. In 1998, Congress reflected a strong,
unified voice when we voted to support legislation that noted Iraq's
violation of U.N. disarmament demands to eliminate all weapons of mass
destruction, as well as their development.
In that same year, we also enacted the Iraq Liberation Act that
authorized U.S. support for Iraqi liberation forces in their efforts to
replace the Iraqi regime of Saddam Hussein. We did so because Saddam
Hussein has proven himself to be a serious threat to regional stability
in the Middle East, a growing threat to the United States, and a leader
who deserves to be tried in an international tribunal for crimes
against humanity. However, we did not authorize the unilateral use of
U.S. military forces towards that end.
Neither the American people nor their elected representatives have
wavered in our support for the values of human rights, security,
international stability, and democracy reflected in those 1998
congressional resolutions.
However, as we consider this resolution, we must not forget one
essential fact. As the gentlewoman from California (Ms. Pelosi) of the
Permanent Select Committee on Intelligence has concluded, we have seen
no evidence or no intelligence to suggest that Iraq indeed poses an
imminent threat to our Nation. In the absence of an imminent threat to
the United States, I cannot support the resolution proposed by the Bush
administration that would authorize preemptive military strikes by the
U.S. forces to enforce all relevant U.N. resolutions, some of which
deal with issues other than Iraqi weapons of mass destruction.
I agree with the senior Senator from West Virginia, who has observed
that the President's proposed resolution is dangerously hasty,
redefines the nature of defense, and reinterprets the Constitution to
suit the will of the executive branch.
The resolution proposed by the administration would codify the
doctrine of preemption, the assertion that America has the unilateral
right to attack a nation that has not attacked us. This, in my view,
would be a precedent with disastrous consequences. A unilateral first
strike would almost certainly result in substantial loss of life, both
among American troops and among Iraqi civilians. A unilateral first
strike would undermine the moral authority of the United States and
could set a devastating international precedent that we could then see
echoed in conflicts between India and Pakistan, Russia and Georgia,
China and Taiwan, and in many other corners of the world.
In addition, unilateral U.S. action may well destabilize the Middle
East, harming the international cooperation that we need to defend
America against terrorism.
Experts tell us that the United States might have to remain in Iraq
for a decade, a commitment requiring international support and
engagement.
Finally, the economic costs of going it alone would undermine the
ability of our Nation to address our unmet domestic priorities.
Although this resolution would authorize the President to take this
Nation to war, it is not a declaration of war, it is a blank check to
use force without the moral or political authority of a declaration of
war. Congress must not abandon its authority under the Constitution.
This resolution would do just that.
The course of action that is more consistent with the values and
security interests of the United States is to support a multinational
collective security strategy towards the threats to regional peace and
international stability that are posed by the regime in Iraq. The
administration has indicated some progress within the United Nations
Security Council towards that goal. I join the President in urging all
members of the Council to act with due diligence.
I also join in the position advanced by our colleague, the gentleman
from South Carolina (Mr. Spratt), who has proposed that we once again
authorize U.S. military support for a renewed and strengthened U.N.
Security Council resolution that demands true disarmament by Iraq. This
is a threat that the civilized world must face together. The regime of
Saddam Hussein, after all, is the world's problem as well as our own.
Mr. PAYNE. Mr. Speaker, I yield 5 minutes to the gentleman from
Louisiana (Mr. Jefferson), a member of the Committee on Ways and Means.
Mr. JEFFERSON. Mr. Speaker, I thank the gentleman for yielding time
to me.
Mr. Speaker, our Nation is on the verge of opening a new front in the
global war on terror. It is a front fraught with peril. It is a front
that may send thousands of young Americans, men and women, to uproot a
ruthless dictator that has committed unspeakable acts against his own
people and wrought havoc on the world.
No decision is more difficult, more wrenching for a U.S. President,
the Congress, or the American people than to commit our soldiers and
our Nation's prestige to a military conflagration. It is for this
reason that we must consider all possible diplomatic and military
options short of war.
As noted 19th century French author Guy de Maupassant wrote, ``Every
government has as much of a duty to avoid war as a ship's captain has
to avoid a shipwreck.''
Mr. Speaker, I rise today in strong support of the Spratt substitute
to House Joint Resolution 114. It offers the best and most certain way
to achieve our objectives of disarming Iraq of weapons of mass
destruction and the best chance of avoiding a hasty decision to go to
war. It is a sensible, prudent approach to managing the use of force by
our country.
Eleven years ago, then President George Bush created one of the most
impressive multinational coalitions that the world has ever seen. He
very wisely determined that it was not in our Nation's interest to act
unilaterally to liberate Kuwait.
The Spratt substitute is informed by that experience. It limits the
opportunity of our current President for unilateral action to liberate
Iraq.
I am pleased that President George W. Bush has engaged the U.N.
during the current crisis. I am grateful that he has recognized that
our Nation should work with the United Nations Security Council and
allow weapons inspections to go forward and this process to occur.
{time} 0030
I am relieved the President said that war is not inevitable. And I am
encouraged that he has said that he would give a diplomatic course to
disarm Iraq through a U.N. process every chance to work ahead of using
force.
Mr. Speaker, the Spratt resolution guarantees the President's stated
intentions are made law. As set forth in the Spratt substitute, our
Armed Forces should take action only against Iraq only in conjunction
with a new U.N. Security Council resolution that calls for the complete
elimination of Iraq's weapons of mass destruction.
If the U.N. Security Council resolution is violated or the U.N. does
not act, the President would need approval from Congress for unilateral
action, and then only after making certain important certifications to
Congress. Thus, this vote would occur only if the President has
certified that further U.N. action is not forthcoming, force remains
the only viable option, a broadbased international coalition is being
formed, and the global war on terrorism would not be adversely affected
by an Iraqi invasion.
Mr. Speaker, there is no such thing as prudent haste. It is an
understatement to say that we should take the
[[Page H7722]]
time for calm deliberation by the Congress in a proceeding
uncomplicated by any question other than whether we should commit to a
course of action that may cost a heavy toll in human lives, hundreds of
billions of dollars, and the good will of the international community.
I urge support of the Spratt substitute. But what is our course if
Spratt is not adopted? What then is the best course for us to address
the threat of terrorism and the threat of the use of chemical and
biological weapons in the hands of a brutal dictator? What is our best
chance to evoke the response from Iraq that will lead to unfettered
weapons inspections and eventual disarmament?
With long and careful thought I have come to the conclusion that the
leadership of Iraq will only submit to a credible disarmament process
based on inspections if it is faced with a credible threat of the use
of force. It is the use of force authorization that I pray will never
be used. And it is the use of force authorization that should never be
used unilaterally. After Spratt, H.J. Res. 114 provides the only
remaining prudent chance to stem these new threats of unthinkable
horrific terror that our Nation and the world now face, threats that we
are now only just beginning to understand. It is a chance that I
believe our country through this Congress must commit to take at this
time.
Mr. PAYNE. Mr. Speaker, I yield 7 minutes to the gentleman from
Massachusetts (Mr. Delahunt), who has been a very active Member on this
resolution.
Mr. DELAHUNT. Mr. Speaker, I wish to commend my colleague from New
Jersey (Mr. Payne) for his perseverance. I know he has been here until
the wee hours of the morning last night and this evening. And for those
of us who oppose the underlying resolution, we are indeed in his debt.
And I also want to thank him for his leadership within our caucus, not
just simply on this particular issue but on many issues, particularly
in terms of the continent of Africa. He is certainly someone who
commands our respect.
Mr. Speaker, I think it is important to bring to the attention of the
House disturbing reports that have recently appeared in the national
press about alleged efforts to tailor intelligence information about
Iraqi intentions and capabilities to fill the contours of
administration policy. And I wish to note two particular stories from
today's Washington Post and yesterday's Miami Herald.
Mr. Speaker, I will insert the articles now in the Record.
[From the Washington Post, Oct. 9, 2002]
Analysts Discount Attack by Iraq
(By Dana Priest)
Unprovoked by a U.S. military campaign, Iraqi President
Saddam Hussein is unlikely to initiate a chemical or
biological attack against the United States, intelligence
agencies concluded in a classified report given to select
senators last week.
However, the report added, ``should Saddam conclude that a
US-led attack could no longer be deterred,'' he might launch
a chemical-biological counterattack. Hussein might ``decide
that the extreme step of assisting Islamist terrorists in
conducting a WMD [weapons of mass destruction] attack against
the United States would be his last chance to exact vengeance
by taking a large number of victims with him.''
The assessment was first made in a classified National
Intelligence Estimate, which includes the analysis and
opinions of all relevant U.S. intelligence agencies, that was
given to the Senate intelligence committee last week. A
declassified ``white paper'' on Iraq was released days later.
At the urging of the committee, which is controlled by
Democrats, additional portions of the intelligence report
were declassified by the CIA Monday and released last night.
With lawmakers poised to vote this week on a resolution
giving President Bush authority to attack Iraq, the new
intelligence report offers grist both for supporters and
critics of the administration's policy. The CIA assessment
appears to suggest that an attack on Iraq could provoke the
very thing the President has said he is trying to forestall:
the use of chemical or biological weapons by Hussein.
But the CIA also declassified other elements of analysis
that seem to back up the President's assertion that Iraq has
active ties to al Qaeda--a growing feature of the
administration's case for considering military action.
Among the intelligence assessments linking Iraq with al
Qaeda is ``credible reporting'' that the group's ``leaders
sought contacts in Iraq who could help them acquire WMD
capabilities,'' according to a letter to senators from CIA
Director George T. Tenet.
Tenet added: ``Iraq's increasing support to extremist
Palestinians, coupled with growing indications of a
relationship'' with al Qaeda, ``suggest Baghdad's links to
terrorists will increase, even absent U.S. military action.''
In his speech to the nation Monday night, Bush said: ``Iraq
could decide on any given day to provide a biological or
chemical weapon to a terrorist group or individual
terrorists. Alliance with terrorists could allow the Iraqi
regime to attack America without leaving any fingerprints.''
The letter's release shed light on a behind-the-scenes
battle over Iraq-related intelligence. The CIA's detailed,
unvarnished view of the threat posed by Iraq is central, say
many lawmakers, to how they will vote on the matter. Yet an
increasing number of intelligence officials, including former
and current intelligence agency employees, are concerned the
agency is tailoring its public stance to fit the
administration's views.
The CIA works for the president, but its role is to provide
him with information untainted by political agendas.
Caught in the tug of war over intelligence, say former
intelligence officials familiar with current CIA intelligence
and analysis on Iraq, have been the CIA's rank and file and,
to some extent, Tenet.
There is a tremendous amount of pressure on the CIA to
substantiate positions that have already been adopted by the
administration,'' said Vincent M. Cannistraro, former head of
counterterrorism at the CIA.
Tenet last night released a statement meant to dispel
assertions that the letter contained new information that
would undercut the case Bush made Monday night.
``There is no inconsistency between our view of Saddam's
growing threat and the view as expressed by the President in
his speech,'' the statement read. ``Although we think the
chances of Saddam initiating a WMD attack at this moment are
low--in part because it would constitute an admission that he
possesses WMD--there is no question that the likelihood of
Saddam using WMD against the United States or our allies in
the region for blackmail, deterrence, or otherwise grows as
his arsenal continues to build.''
In explaining why the items in the letter were not also
released before, Tenet said he did not want to provide
``Saddam a blueprint of our intelligence capabilities and
shortcomings, or with insight into our expectations of how he
will and will not act.''
Still, he noted, the agency could nevertheless declassify
further information not previously disclosed. Included in his
letter were snippets of an Oct. 2 closed-door session.
Included in that was questioning by Sen. Carl M. Levin (D-
Mich.), in which he asked an unnamed intelligence official
whether it ``is likely that [Hussein] would initiate an
attack using a weapon of mass destruction?''
The official answered: ``... in the foreseeable future,
given the conditions we understand now, the likelihood I
think would be low.''
Levin asked: ``If we initiate an attack and he thought he
was in extremis ... what's the likelihood in response to our
attack that he would use chemical or biological weapons?''
The answer came: ``Pretty high, in my view.''
In his letter, Tenet responded to senators' questions about
Iraq's connections to al Qaeda. ``We have solid reporting of
senior-level contacts between Iraq and Al Qaeda going back a
decade,'' Tenet wrote. ``Credible information'' also
indicates that Iraq and al Qaeda ``have discussed safe haven
and reciprocal non-aggression.''
____
[From The Miami Herald, Oct. 8, 2002]
Dissent Over Going to War Grows Among U.S. Government Officials
(By Warren P. Strobel, Jonathan S. Landay and John Walcott)
Washington.--While President Bush marshals congressional
and international support for invading Iraq, a growing number
of military officers, intelligence professionals and
diplomats in his own government privately have deep
misgivings about the administration's double-time march
toward war.a
These officials charge that administration hawks have
exaggerated evidence of the threat that Iraqi leader Saddam
Hussein poses--including distorting his links to the al Qaeda
terrorist network--have overstated the extent of
international support for attacking Iraq and have downplayed
the potential repercussions of a new war in the Middle East.
They charge that the administration squelches dissenting
views and that intelligence analysts are under intense
pressure to produce reports supporting the White House's
argument that Hussein poses such an immediate threat to the
United States that preemptive military action is necessary.
``Analysts at the working level in the intelligence
community are feeling very strong pressure from the Pentagon
to cook the intelligence books,'' said one official, speaking
on condition of anonymity.
VIEWS ECHOED
A dozen other officials echoed his views in interviews with
the Knight Ridder Washington Bureau.
They cited recent suggestions by Defense Secretary Donald
Rumsfeld and National Security Advisor Condoleezza Rice that
Hussein and Osama bin Laden's al Qaeda network are working
together.
Rumsfeld said on Sept. 26 that the U.S. government has
``bulletproof'' confirmation
[[Page H7723]]
of links between Iraq and al Qaeda members, including ``solid
evidence'' that members of the terrorist network maintain a
presence in Iraq.
The facts are much less conclusive. Officials said
Rumsfeld's statement was based in part on intercepted
telephone calls in which an al Qaeda member who apparently
was passing through Baghdad was overheard calling friends or
relatives, intelligence officials said.
The intercepts provide no evidence that the suspected
terrorist was working with the Iraqi regime or that he was
working on a terrorist operation while he was in Iraq, they
said.
In his Monday night speech, President Bush said a senior al
Qaeda leader received medical treatment in Baghdad this
year--implying larger cooperation--but he offered no evidence
of complicity in any plot between the terrorist and Hussein's
regime.
Rumsfeld also suggested that the Iraqi regime has offered
safe haven to bin Laden and Taliban leader Mullah Mohammed
Omar.
While technically true, that too is misleading.
Intelligence reports said the Iraqi ambassador to Turkey, a
longtime intelligence officer, made the offer during a visit
to Afghanistan in late 1998, after the United States attacked
al Qaeda training camps with cruise missiles to retaliate for
the bombings of the U.S. embassies in Kenya and Tanzania. But
officials said the same intelligence reports said bin Laden
rejected the offer because he didn't want Hussein to control
his group.
NO IRONCLAD PROOF
In fact, the officials said, there's no ironclad evidence
that the Iraqi regime and the terrorist network are working
together, or that Hussein has ever contemplated giving
chemical or biological weapons to al Qaeda, with whom he has
deep ideological differences.
None of the dissenting officials, who work in a number of
different agencies, would agree to speak publicly. But many
of them have long experience in the Middle East and South
Asia, and all spoke in similar terms about their unease with
the way that U.S. political leaders are dealing with Iraq.
All agreed that Hussein is a threat who eventually must be
dealt with, and none flatly opposes military action. But,
they say, the U.S. government has no dramatic new knowledge
about the Iraqi leader that justifies Bush's urgent call to
arms.
``I've seen nothing that's compelling,'' said one military
officer who has access to intelligence reports.
Some lawmakers have voiced similar concerns after receiving
CIA briefings.
Sen. Richard Durbin, D-I11., said some information he had
seen did not support Bush's portrayal of the Iraqi threat.
``Its troubling to have classified information that
contradicts statements made by the administration,'' Durbin
said, ``There's more they should share with the public.''
Florida's Sen. Bob Graham, chairman of the Senate
Intelligence Committee, last week expressed frustration with
the information he was receiving from the CIA and questioned
the need to elevate Iraq to ``our No. 1 threat.''
In his Monday night speech, Bush stressed that if Hussein
gained control of radioactive material no bigger than ``a
softball'' he could build a nuclear weapon sufficient to
intimidate his region, blackmail the world and covertly arm
terrorists. But a senior administration intelligence official
notes that Hussein has sought such highly enriched uranium
for many years without success, and there is no evidence that
he has it now.
Moreover, the senior official said, Hussein has no way to
deliver a nuclear weapon against a U.S. target.
``Give them a nuclear weapon and you have the problem of
delivery. Give them delivery, even clandestine, and you have
a problem of plausible denial. Does anyone think that a
nuclear weapon detonating in a Ryder truck or tramp freighter
would not automatically trigger a response that would include
Iraq, Iran, North Korea?'' the intelligence official asked.
Here are some other examples of questionable statements:
Vice President Dick Cheney said in late August that Iraq
might have nuclear weapons ``fairly soon.''
A CIA report released Friday said it could take Iraq until
the last half of the decade to produce a nuclear weapon,
unless it could acquire bomb-grade uranium of plutonium on
the black market.
Also in August, Rumsfeld suggested that al Qaeda operatives
fleeing Afghanistan were taking refuge in Iraq with Hussein's
assistance.
Rumsfeld apparently was referring to about 150 members of
the militant Islamic group Ansar al Islam (Supporters of
Islam) who have taken refuge in Kurdish areas of northern
Iraq. One of America's would-be Kurdish allies controls that
part of the country, however, not Hussein.
WALKOVER NOTION
Current and former military officers also question the view
sometimes expressed by Cheney, Rumsfeld and their civilian
advisors in and out of the U.S. government that an American-
led campaign against the Iraqi military would be a walkover.
``It is an article of faith among those with no military
experience that the Iraqi military is low-hanging fruit,''
one intelligence officer said.
He challenged that notion, citing the U.S. experience in
Somalia, where militiamen took thousands of casualties in
1993 but still managed to kill U.S. soldiers and force an
American withdrawal.
Iraqi commanders, some officials warned, also could unleash
chemical or biological weapons--although the American
military is warning them they could face war crimes charges
if they do--or U.S. airstrikes could do so inadvertently.
Hussein also might try to strike Israel or Saudi Arabia
with Scud missiles tipped with chemical or biological
weapons.
Mr. Speaker, the Herald story states, and I am quoting now, ``that a
growing number of military officers, intelligence professionals and
diplomats within the administration have deep misgivings about the
march toward war.'' The story continues, and again I am quoting from
the Miami Herald, ``These officials charge that the administration
hawks have exaggerated evidence of the threat that the Iraqi leader
Saddam Hussein poses, including distorting his links to the al Qaeda
terrorist network. They have overstated the extent of international
support for attacking Iraq and have downplayed the potential
repercussions of a new war in the Middle East. They charge that the
administration squelches dissenting views and that intelligence
analysts are under intense pressure to produce reports supporting the
White House's arguments that Hussein poses such an immediate threat to
the United States that preemptive military action is necessary.
`Analysts at the working level in the intelligence community are
feeling very strong pressure from the Pentagon to cook the intelligence
books,' said one official speaking on the condition of anonymity.''
The article goes on to note that, again, I am quoting, ``a dozen
officials echoed his views.''
Now today's Washington Post discusses what it calls a ``behind-the-
scenes battle over Iraq-related intelligence.'' And, again, I am
quoting: ``The CIA's detailed, unvarnished view of the threat posed by
Iraq is central, say many lawmakers, as to how they will vote on the
matter. Yet, increasing numbers of intelligence officials, including
former and current intelligence agency employees are concerned the
agency is tailoring its public stance to fit the administration's
views.''
The article goes on to quote a former head of counterterrorism of the
CIA, one Vincent Cannistraro, who says that ``there is a tremendous
amount of pressure on the CIA to substantiate positions that have
already been adopted by the administration.''
I submit, Mr. Speaker, that if these reports are accurate, they
represent a dangerous state of affairs. When we began our debate on
this resolution yesterday morning, we did not have the benefit of
declassified intelligence estimates released only last night, which
indicate that Saddam Hussein is unlikely to initiate a chemical or
biological attack against the United States unless he concludes that a
U.S.-led attack is inevitable. Such contradictions between classified
information in the administration's public statements make it very
difficult for Congress to have a meaningful debate. It puts those few
Members of Congress who have access to this information as members of
the Permanent Select Committee on Intelligence in a truly awkward
position and leaves the rest of us and the American people in the dark.
Senator Graham, who chairs the Senate Permanent Select Committee on
Intelligence, has said that the classified information he has received
does not tally with the public statements of the administration. But,
of course, he is not permitted to explain why. Based on what he knows,
he has described the focus on Iraq as a distraction from the war on
terrorism that allows Syria and Iran, countries which should be at the
forefront of any intelligence effort against state sponsors of
terrorism, off the hook.
Let me conclude by saying that we cannot discharge our constitutional
responsibilities by allowing the administration to control the flow of
information and simply trusting that they know what they are doing.
That is an unacceptable situation in a democracy, Mr. Speaker. And that
is not what the founders had in mind when they gave Congress, not the
President, the power to declare war.
Mr. Speaker, what is the responsibility of a great power? Sometimes
it is to act when others cannot, or will not, do so. Sometimes it is to
refrain from acting when others would, so
[[Page H7724]]
as not to set a dangerous precedent that others might follow. Always it
is to recognize that for better or worse our actions shape the rules by
which the international system operates. The rule of law is a fragile
thing. And through our actions, we either strengthen or erode it.
If you think this is merely a theoretical concern, let me share with
you an article from last Sunday's New York Times. It is by Stephen
Sestanovich, a senior fellow at the Council on Foreign Relations and
professor international diplomacy at Columbia University.
The article is entitled, ``Putin Has His Own Candidate for Pre-
emption.'' It described the efforts of senior Russian officials to co-
opt the rhetoric of the Bush Administration in their war of
intimidation against the neighboring Republic of Georgia, where some
Chechen fighters have taken refuge. Allow me to quote a few lines:
``On the eve of President Bush's Sept. 12 speech to the United
Nations on Iraq, Mr. Putin wrote Secretary General Kofi Annan charging
that Georgia's passivity toward Chechen fighters on its territory
violated Security Council resolutions. Russia might therefore have to
act unilaterally. The chief of Russia's general staff insisted that Mr.
Shevardnadze was `in no way' different from Mullah Omar of the
Taliban.''
``The Russian defense minister announced that no United Nations vote
was needed to attack Georgia. One Russian newspaper published military
plans to occupy all of Georgia--and thereby `dictate the terms' of its
future existence as a state. The headline: `Pre-emption Moscow-Style.'
''
Such are the dangers of unilateral assertions of power by the leader
of the free world. Such are the risks that other nations with
aggressive intentions may use stale evidence and ill-defined
allegations to settle local grievances.
This is not to deny that there are times when it is necessary to
strike first against an enemy who poses a ``clear and present danger''
to the safety and security of the Nation. The Constitution is not a
suicide pact, as Justice Jackson famously said. And the same is true of
the international legal order. We are not compelled to stand by and
allow ourselves to be attacked before we can lawfully take action.
But any nation that engages in the preemptive use of force bears a
heavy burden of showing that its actions were justified by the nature
of the threat confronting it.
The principles that apply were formulated by none other than Daniel
Webster, who was Secretary of State when the British launched a
surprise attack on an American ship, the Caroline, in 1837.
Webster set forth the two conditions that must exist: first, the need
for self-defense must be ``instant, overwhelming, and leaving no choice
of means and no moment for deliberation.'' And second, the degree of
force used must be proportionate to the threat.
The resolution before us permits the President to take us into war
without satisfying either of these requirements. It imposes no
obligation upon him to show that the danger is truly immediate and the
use of force truly necessary. Indeed, it speaks of a ``continuing
threat,'' which suggests an ongoing situation of indefinite duration.
And it imposes no requirement that U.S. military actions be measured or
proportionate to the threat we face.
In short, the resolution offers no rationale for the exercise of its
broad grant of authority. Nor has the President provided one.
Last night, President Bush presented his case for a preemptive
military strike against Iraq. I studied his speech with care, hoping
that he would set forth clear and convincing evidence of the threat he
perceives.
The speech offered ample evidence that Saddam Hussein is a
bloodthirsty tyrant who has terrorized his own people and endangered
his neighbors.
The speech offered ample evidence that Saddam Hussein has defied
Security Council resolutions for 11 years by continuing to develop
weapons of mass destruction.
And the speech made clear--in case anyone doubted it--that Saddam
Hussein is deeply hostile to American interests.
What the speech failed to demonstrate is that Saddam Hussein poses a
threat to America or vital U.S. interests that--Webster's words--is
``instant, overwhelming, . . . leaving no choice of means and no moment
for deliberation.''
In fact, it demonstrated just the opposite. The President did not
say, ``Saddam Hussein presents an imminent threat to the United
States.'' He said, ``The danger is . . . significant and it only grows
worse with time.''
That is an argument for containment. It is an argument for coercive
measures, including unconditional inspections, disarmament, and the
freezing of assets. It may even be an argument for sanctions. But it is
not an argument for launching an unprovoked military attack.
nuclear weapons
The President stated that the Iraqi regime has continued to pursue
the development of nuclear weapons, and could one day soon be in a
position to threaten America or the Middle East. He cited the Cuban
missile crisis as precedent for a preemptive strike to contain that
danger.
But the missile crisis involved the imposition of a naval quarantine
to interdict the delivery of nuclear missiles capable of hitting the
United States--as clear an example of a proportionate response to an
imminent threat as can be imagined. In the present situation, the CIA's
best estimate is that Iraq ``will probably have a nuclear weapon during
this decade.''
Perhaps anticipating that some future administration might one day
cite the missile crisis to justify preemptive military action,
President Kennedy's own legal adviser expressly distinguished the Cuban
missiles from what he called ``threatening deployments or
demonstrations that do not have imminent attack as their purpose or
probable outcome.''
chemical and biological weapons
The President noted that Saddam Hussein has used chemical agents
against civilian populations in his own country. This is true. It is
also true that these attacks last occurred some 14 years ago--with the
full knowledge of a U.S. government that did nothing to prevent them.
What is the imminent threat that such weapons might be used against
the United States? The President didn't say. He said that Saddam
Hussein ``could decide on any given day to provide a biological or
chemical weapon to a terrorist group.'' Indeed he could. So could any
number of other nations, from Iran to North Korea.
But the historical record suggests that he can be deterred from
deploying these weapons. One the eve of Operation Desert Storm,
Secretary of State Baker notified Iraq that any use of its weapons of
mass destruction would result in a devastating American response. And
the weapons were never used.
In fact, according to declassified intelligence estimates released
only last night, Saddam is unlikely to initiate a chemical or
biological attack against the United States unless he concludes that
``U.S.-led attack could no longer be deterred.'' In other words, Saddam
will unleash his arsenal only when he is facing annihilation--with
nothing left to lose.
support for terrorism
The President claimed that Saddam Hussein has links to international
terrorism that justify a preemptive strike against his regime. What is
the evidence? The President offered four arguments. First, he said that
Iraq and al-Qaida ``share a common enemy--the United States of
America.'' Well, the United States and Iraq share a common enemy--Iran.
But that's hardly evidence that we support Iraqi aggression.
Second, he said that the Iraqi regime ``gleefully celebrated the
terrorist attacks on America.'' This is hardly admirable, but it is
also hardly evidence that they were behind the attacks. Any more than
others who shared such sentiments elsewhere in the Arab world.
The President's last two arguments are more serious: that Iraq is
continuing to finance terror in the Middle East and has continued to
associate with leaders of al-Qaida, offering them safe harbor, medical
treatment, and training in terrorist techniques. Yet assuming that
these allegations are correct, they argue, not for invasion, but for
treating Iraq as we treat the many other countries that provide various
kinds of support for terrorism but against whom we are not making plans
for war.
I do not mean to minimize these concerns. They are serious and
deserve to be addressed, whether they occur in Iraq or in any other
country--especially one in which internal repression, the appetite for
conquest, and the possession of advanced weaponry go hand in hand.
I applaud the President's demand for immediate Iraqi compliance with
Security Council resolutions. I would support a resolution that
authorizes the limited use of our Armed Forces in support of
international efforts to locate and dismantle Iraq's weapons of mass
destruction should Iraq fail to comply.
Such a resolution would achieve the President's desire that we ``tell
the United Nations and all nations that America speaks with one
voice.''
Instead, the President insists on a resolution that goes further.
That authorizes the President to ``use the Armed Forces as he
determines to be necessary and appropriate.''
The President says that ``approving this resolution does not mean
that military action is imminent or unavoidable.'' If so, I am relieved
to hear it. But if military action is imminent or unavoidable.'' If so,
I am relieved to hear it. But if military action is not imminent, then
the broad language that would authorize it premature.
If the American people are satisfied that our cause is just and war
is forced upon us, they will do what needs to be done. But before we
risk the lives of our soldiers and countless innocent Iraqi civilians,
before we divert untold billions of dollars from our other battles,
before
[[Page H7725]]
we forfeit the moral authority that has distinguished America among the
family of nations, we had better be sure we've taken every reasonable
step to resolve this crisis without bloodshed.
Until then, I cannot support a resolution that gives the President a
blank check to launch a military strike that meets none of the legal
requirements for preemptive action. We have been down that road before.
It is not a lesson we should have to learn again. And it's not the kind
of example that the United States should set for the world.
{time} 0040
Mr. PAYNE. Mr. Speaker, I yield myself the remaining time.
Let me conclude by thanking the majority for the kindness and the
thoughtfulness that they have given us. The gentleman from Illinois
(Mr. Hyde) should be commended, as I mentioned earlier, a gentleman
always, but to allow everyone to have a word to say.
The past 2 days with over 24 hours of debate has been an historic
time in this House. A debate has endured that will be noted and will be
long-remembered what was said here. We have debated fundamental changes
in the manner in which this country operates, first strike preemptive.
Definitely a new course of action for this Nation.
Of course, first strikes are nothing new. In the medieval times there
were many, France into Germany, Spain into Italy. In 1918, Germany
entered France. December 7, Japan attacked the United States. So there
has been preemptive strikes but never the greatest Nation in the world
taking a decision to make first strikes preemptive, and so this is a
new day for this great Nation.
The Framers of the Constitution, the Jeffersons and the Adams and
Washingtons and Hamiltons, said let us be careful about power. We do
not want a king or emperor or dictator, and, therefore, let us give the
power of war to the Congress.
Here we are abdicating that responsibility and giving the right to
declare war to one person, to say it is his decision to do what he
wants and he has 48 hours to tell us later what he has done. Another
principle that we have changed.
We jeopardize a coalition because I believe right now our number one
fight is the battle against terror. The al Qaeda cells that are in this
country and in 50 other countries and a false feeling of security will
emerge when we attack Iraq if that is done, and Americans will,
therefore, believe that there is a sense of security now and al Qaeda
is gone. There is definitely a difference between the al Qaeda cells
and the government of Iraq, and so we are leading people down a wrong
path to believe that a defeat of Iraq, therefore, eliminates the war on
terror.
We have heard recently that there is a connection between al Qaeda
and the government of Iraq. This only was revealed in the last week or
so. Many wonder where this information is coming from and whether, in
fact, it is indeed true. And, once again, we should not lull our people
into a false feeling of security when we look over there and say Iraq
is done, we are safe again, when the war on terror will still be here.
So we talk about a new concept, regime change, Saddam Hussein should
go. This is a tall order. How do we do it? How long do we stay? How
dangerous will it be? How costly will it be? How are we going to
rehabilitate Afghanistan? We have not drilled the pumps to reach the
low water tables as we promised. We have not started construction of
schools as we said. We have not built the hospitals as we promised, but
now we will go into Iraq and for how much? What will the cost be? $100
billion? $200 billion? No one really knows.
As the DOW has dropped from close to 11,000 down to close to 7,000,
almost a 40 percent drop, how can we fund this? We spend $1 billion a
day today on a $350 billion defense budget, with another couple of
hundred billion dollars on the side. How can we do it with the unmet
needs of PELL grants and student loans, the needs for prescription drug
benefits for seniors and section 8 housing, vouchers funding for
elementary and secondary schools in the leave no child behind
legislation? How do we deal with that?
So as we move to vote we should engage the U.N., we should encourage
them and support the inspectors to find and destroy those biological
and chemical weapons of mass destruction. We should leave no stone
unturned. We should go unfettered. We should demand that, and I believe
then we can have the avoidance of war. We should attempt to avoid war
at any cost. I do not believe that the United States is eliminating the
danger of the al Qaeda cells in this country by us having a war and
attack on Iraq.
I would like to say that we are a mighty powerful country. Let us use
our power and might. We love this country. In school I used to recite
the poem, This is my country, land of my birth; this is my country, the
grandest on earth; and I pledge thee my allegiance, America the bold,
because this is my country to have and to hold.
Let us not misuse the power that we have, but let us be sure that
Saddam Hussein is contained, that this world is free of tyrants like
that. Let us support the inspectors going in.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. ISSA. Mr. Speaker, I yield myself the remaining time.
Mr. Speaker, as I close, I would like to thank the gentleman from New
Jersey. This has been, in fact, a long debate. It has been spirited at
times, but, in fact, it has always lived up to the gravity of what we
are considering, and we owe that in no small part to the gentleman from
New Jersey.
The gentleman from Illinois (Mr. Hyde) has empowered me to close, and
I take that as a very unusual thing for a freshman and something that
is pretty important for somebody who not only supports this resolution
but who supports this resolution often to the dismay of other Arab
Americans.
My family emigrated from the Middle East, one side of my family
emigrated from the Middle East, and I bear an Arab surname, and so for
me and I think for many people who are going to support this resolution
tomorrow, this has to be a special case. We are not pushing an 11-year
or 12-year war to the brink of a final military conflict lightly.
I would call the Speaker's attentions to these advertisements that
came out of Baghdad September 11 and a year after September 11 as just
another example of what is different about Saddam Hussein's regime.
After September 11, both as a member of the Committee on
International Relations and I believe as one of the Members of this
body whose ancestry goes back to the Middle East, I was visited by not
just one but every single ambassador from the Middle East represented
in this country. In every case they expressed their horror, their
sympathy and distanced themselves from the terrible events of September
11; and they did so in private, not intending to do it for the camera,
but so that I would understand. And I am sure they visited virtually
every other Member so they would understand that that is not what the
Arab people are about, that is not what Arab society, one of the great
societies that helped create the world as we know it today, is about.
It is not what the Iraqi people are about, and to put out propaganda
in the Baghdad press talking about September 11 being Allah's revenge,
in fact, says it all about this regime.
Saddam Hussein and his party and his almost 30-year rule has been all
about killing and violence and hatred. He is not alone, but he is in a
league of his own. And as we close for tonight and we move into
tomorrow's short debates of 1 hour and final passage probably by
midday, I hope that all of us will remember that this is not about Arab
people, not in this country and not anywhere in the world.
The need to empower the President to take this action, should it
become necessary, is all about the uniqueness of this administration of
Saddam Hussein and the actions he has taken in the past, he takes in
the present, and we are quite certain that if that regime is not
changed or replaced, he will take in the future.
I say as one Arab American to the many Arab Americans and Muslim
Americans in this country and perhaps to the Arabs around the world,
America and particularly my community in America has absolutely no
hatred and no willingness to participate in anything that is adverse to
the Arab people.
[[Page H7726]]
{time} 0050
But we do have to insist that the kind of tyranny that has gone on in
Iraq for so many decades must in fact stop, either by Saddam Hussein
living up to his obligations under the U.N. resolutions or his being
driven from power and an Arab leader who will respect the rule of law
and who will provide the kind of fairness for his own people can be
found.
Mr. MEEHAN. Mr. Speaker, I rise tonight with a heavy heart but with
determined resolve. A member of Congress faces no more important debate
than authorizing the President to use military force.
Just over a year ago, Mr. Speaker, the eyes of the world were opened
to the depths to which evil men will descend in order to put fear in
the hearts and minds of peace loving people.
In the post-September 11th world, Americans now understand that there
are those who have no regard for human life, and that they will kill
the innocent in untold numbers to achieve evil goals.
We now also know that sometimes our Nation must act to prevent that
which may happen in the future.
Which brings us to Saddam Hussein and Iraq's pursuit of weapons of
mass destruction.
Saddam has a unique brand of state-sponsored terror that threatens
the world like no other.
Unchecked, he pursues chemical, biological, and nuclear weapons and
has demonstrated the capacity to use them.
Among dictators and despots, his record stands by itself: he has
brutally murdered and repressed his own people, he has used chemical
weapons against his neighbors and his countrymen including women and
children, he has launched unprovoked attacks on other nations, he
sponsored an assassination attempt on former President Bush, he harbors
terrorists including members of Al Qaeda, and he defies the will of the
United Nations and the international community by refusing to disarm
and continuing to develop every conceivable weapons of mass destruction
known to man.
That is why it is critical that the United States asserts its unique
leadership role in the international community and put an end to
Saddam's pursuit of weapons of mass destruction.
Now is the time to work within the United Nations Security Council to
move a tough Resolution calling for the complete disarmament of Iraq's
weapons of mass destruction under threat of force by a global
coalition.
It must be the policy of the United States to exhaust all forms of
diplomacy within the United Nations and other appropriate forums before
considering any other course of action relative to disarming Iraq.
And if that diplomacy fails, then we must act with the broadest
coalition of nations as possible to force the disarmament of Saddam's
weapons of mass destruction.
Mr. Speaker, the strategy that Secretary Powell briefed me on that we
are pursuing with the U.N. Security Council is precisely the reason why
I am such a strong supporter of the Alternative being offered by John
Spratt of South Carolina.
The Spratt Alternative authorizes the use of U.S. military force in
pursuit of a Security Council-sanctioned effort to disarm Iraq, by
force if necessary.
That is what Secretary Powell and the Administration are pushing for
within the U.N. right now and that is what the Congress should be
supporting.
This alternatives makes clear that if the Security Council fails to
take action that Congress will act immediately to vote on authorizing
the President to use unilateral, if necessary, force against Iraq to
disarm.
We are also considering the underlying resolution that provides the
President with the authority to use force in accordance with United
Nations Security Council Resolutions and unilaterally.
It is a significantly broader authorization than the Spratt
Alternative. However, changes have been made including: (1) support for
and prioritization of U.S. diplomatic efforts at the U.N.; (2) limiting
the scope of the authorization to Iraq only; (3) requiring presidential
determinations to Congress before the president may use force; (4) and
requiring the President to consult with and report to Congress
throughout this process.
I had hoped that there would have been more opportunity for the House
to improve on the underlying resolution during the course of this
historic debate.
However, I was deeply encouraged by the President's words Monday
night when he said, ``Approving this resolution does not mean that
military action is imminent or unavoidable.''
Likewise, I was deeply encouraged by my meeting yesterday with
Secretary Powell in which he spelled out in detail our strategy for
action within the U.N. Security Council.
I take both President Bush and Secretary Powell at their word. In the
coming days, weeks and months, I plan on holding them to their words.
As a Ranking Member of the House Armed Services Committee, I've seen
the bravery of our men and women in uniform.
In fact, I was able to visit many earlier this year in Afghanistan
and I was struck by their determination to secure the peace for that
nation thousands of miles from home.
It pains me that more families may be missing their loved ones soon.
Nevertheless, let there be no doubt that Saddam Hussein's unfettered
pursuit of weapons of mass destruction are a real and growing threat to
the United States and the international community, and that whatever
course others may take--America will defend herself.
Mr. ABERCROMBIE. Mr. Speaker, I rise to speak against this
resolution. We all recognize that Suddam Hussein is a tyrant and that
he is a dangerous enemy. The question is whether this resolution is the
right way to address the threats presented by his regime.
The Administration says that Iraq presents an imminent threat to the
United States, that unless we give the President carte blanche to
launch a unilateral, preemptive attack, we will be subject to attack by
weapons of mass destruction. No one needs to convince us of the horror
of weapons of mass destruction or the evil intentions of Saddam
Hussein. But does that justify the blank check this resolution gives
the President? We have listened to the testimony, read the briefs, and
weighed the arguments presented by the Administration. In my view, they
have yet to prove their case. They have presented no credible evidence
that the United States faces imminent attack. They have presented no
credible evidence that Iraq was involved in the September 11th
terrorist attacks or that it is giving material aid to those involved
in those attacks.
Are we setting the bar too high? I don't think so. The evidence of
imminent threat should be credible, conclusive and irrefutable if we
are talking about the United States unleashing the dogs of war.
Striking the first blow is unprecedented in American history. It has
always been a point of honor that the United States does not start
wars. If we are going to depart from a fundamental principle that has
guided U.S. foreign policy for more than 200 years, the evidence of
necessity must be iron clad.
This is much more than a point of pride. It is not an abstract
argument. Through this action, the world's only remaining superpower is
asserting a principle that the nations of the world--including the
United States--have struggled to consign to the past. We have rejected
the old idea that any nation which claims to feel threatened or
aggrieved can unilaterally and preemptively attack another without the
sanction of the international community. The power to initiate war is
no longer untrammeled and absolute. Think for a moment of the precedent
we are setting, of the pandora's box we are opening. What if, tomorrow,
India or Pakistan says the other constitutes an unacceptable threat?
Would this justify one of these nuclear-armed countries attacking the
other? What about China and Taiwan? What about any number of other
countries whose relations with a neighbor are beset with tension,
suspicion, threats, and insecurity?
More immediately, what about our relations with our allies, the
nations on which we depend to help us keep the peace and bear the
burden of protecting our interests? We should be careful not to
initiate a new age of American unilateralism that leaves us without
allies. The Administration thinks they are dispensable in the case of
Iraq. Maybe they are. But if our alliances fray and disintegrate, it is
certain that there will come a time when we do need them. Will they be
there for us? Maybe, maybe not. But one thing we can be sure of: it is
foolhardy in the extreme to ignore our allies' importance to the system
of international relations and the maintenance of America's prosperity
and national security interests.
I have every confidence that our troops will display the bravery and
professionalism we have come to expect from them. But the consequences
of a U.S. victory are liable to be a huge burden for the United States.
We will have taken on the responsibly for peace and order, for feeding
and sustaining an entire population, and guaranteeing the territorial
integrity of Iraq. All this in the context of a population which may or
may not be receptive to the presence of our armed forces. We will have
to counter the centrifugal dynamics that drive the Kurds in the north
and the Shiites in the south away from the Iraqi state. We will be
responsible for defending Iraq's long border with Iran against
incursions. We are talking about committing tens of thousands of
troops, perhaps hundreds of billions of dollars, for many years, maybe
decades.
And what will be the impact of an invasion in the rest of the Muslim
world? The reaction will not be an outpouring of support for the United
States. It will feed the flames of fanaticism. It could well
destabilize Egypt, Jordan and other friendly nations. Are we prepared
to commit more troops, more money, more prestige to shoring up these
governments?
[[Page H7727]]
Finally, let me offer some observations as a member of the Armed
Services Committee. Implications of a war against Iraq will reverberate
at every level of the Department of Defense. Problematic issues the
military faces today--global international commitments, increased
personnel tempo, and over-reliance on the Reserves and National Guard--
will only be exacerbated when military requirements for Iraq are thrown
in the mix.
Of foremost concern is the inevitable enormous strain on military
manpower. Secretary of Defense Donald Rumsfeld testified before the
Armed Services Committee that no increase in troop end strength is
necessary to carry out an invasion and peacekeeping activities in Iraq.
No one else whom our Committee spoke to held this opinion. In fact,
retired flag officers and distinguished military analysts all agreed
that increased end strength was imperative for the ultimate success of
our reconstruction of Iraq.
And the personnel problem extends far beyond the full time, active
duty forces. Since the Persian Gulf war, our reliance on the Reserves
and National Guard has grown to the point where it would be impossible
for DoD to meet its worldwide commitments without the presence of these
units. Reservists and Guardsmen no longer talk about the rare
mobilization in support of a national emergency; rather, some units
routinely deploy overseas alongside their active duty counterparts. How
long can we continue to call upon these volunteers to shoulder more
than their fair share? How long can we ask civilian employers and
families of our Guard and Reserve to carry on without them? I sincerely
hope that one of the first orders of business in the 108th Congress is
a comprehensive overhaul of our military personnel system in order to
ease the stress on our citizen soldiers. Otherwise, our Reservists and
Guardsmen are sure to vote with their feet.
These considerations do not exhaust the questions raised by the
prospect of an attack on Iraq. Serious as they are, the most serious
questions of all are the ones none of us can anticipate. War has a way
of creating new dynamics and unleashing new forces in the world. All
too frequently, those consequences are inimical to the interests of
established powers. Those who see the dawn of a new era of peace,
stability and democracy in the Middle East as a result of a strike
against Iraq would do well to think again.
Ms. HARMAN. Mr. Speaker, I rise in support of this resolution.
The threat from Iraq is very real and increasingly dangerous. Saddam
Hussein's belligerent intentions and his possession and ongoing
development of weapons of mass destruction to fulfill those intentions
make him a clear and present danger to the United States and the world.
Particularly worrisome is the evidence of Iraq's UAV capability.
Iraq's ability to use unmanned aerial vehicles to deliver biological
and chemical weapons far outside its national borders represents a
qualitative increase in the danger it poses.
History demonstrates Saddam Hussein's willingness to use such weapons
against unarmed civilians, including his own people. And it
demonstrates his unhesitating instincts to invade his neighbors--Iran
and Kuwait--and to attack Israel.
That he appears, to quote Director Tenet's recent letter, to be
``drawing a line short of conducting terrorist attacks'' does not
persuade me that he won't.
He is impulsive, irrational, vicious, and cruel.
Unchecked, he will only grow stronger as he develops capability to
match his disdain for America and his Middle East neighbors.
History shows that had Israel not destroyed Iraq's nuclear reactor in
1981, Saddam Hussein would now have nuclear capability. But he did not
cease his nuclear ambitions. Had coalition military forces not swept
through Iraq in 1991, he would have possessed nuclear weapons by 1993.
The CIA now reports that Iraq is one year away from a functional
nuclear device once it acquires missile material. Waiting one hour, one
day, one month in such an environment, as some suggest, is too risky.
We have to act now because the U.N. resolutions following the gulf
war have not contained the Iraqi threat.
With the passage of time, international resolve to enforce United
Nations resolutions has weakened.
This resolution will demonstrate to the U.N. American resolve to act
if necessary, but preferably in a peaceful and multilateral way.
The strong and forceful language in this resolution will help
Secretary Powell persuade his counterparts at the U.N. and around the
globe to join us.
The resolution we are considering is greatly improved from the draft
the Administration proposed and I commend Leader Gephardt for
negotiating these improvements.
This resolution narrows the scope of action to the threats to
national security posed by Iraq and enforcing compliance with U.N.
Resolutions.
This resolution stresses a strong preference for peaceful and
diplomatic action, authorizing the use of force only if all peaceful
options have failed.
This resolution requires the President to comply with the War Powers
Act and report regularly to Congress should military action become
necessary, as well as after the use of force is completed.
This resolution addresses post-disarmament Iraq and the role of the
United States and international community in rebuilding.
And of crucial importance, this resolution requires the President to
certify to Congress that action in Iraq will not dilute our ability to
wage the war on terrorism.
Removing WMD from Iraq is an important priority, but it cannot
replace our counterterrorism efforts at home and abroad. We must ensure
that we do not divert attention from protecting our homeland--beginning
with the creation of a Department of Homeland Security.
We must also strengthen and expand programs and policies aimed at
stopping the proliferation of weapons of mass destruction and their
components. The ready availability of matieral for chemical, biological
and nuclear weapons, and the know-how to make them, has allowed Iraq to
rebuild rapidly since 1991 and the expulsion of inspectors in 1998. But
nonproliferation programs have been underfunded at a time when they
need to be expanded.
If we don't stop the flow of scientists and materials for weapons of
mass destruction, we will soon be faced with another Iraq. The axis of
evil will grow to include more states. We will encounter the nightmare
scenario of nuclear-armed terrorist groups, capable of blackmailing or
attacking our cities and citizens from within, with little hope of
deterrence or diplomacy to stop them.
Sentiment in my district is high--both in favor and opposition to
this resolution. I thank my constituents for sharing their views with
me. I have listened carefully, learned as much as I could, and now it
is time to lead.
Like all my colleagues, I fervently hope that the U.S. will not need
to use force. But the best chance to avoid military action is to show
the U.N. and Iraq that we will not flinch from it.
Giving diplomatic efforts every chance is the right policy and this
resolution gives diplomacy its maximum chance to succeed.
Mr. RYAN of Wisconsin. Mr. Speaker, September 11, 2001, brought to
light a horror that the American people and the world had up until then
only seen in movies. On that day, we learned, as a nation, what it
means to be terrorized. The nineteen men who hijacked airliners and
used them as guided missiles showed us that even on our home soil
Americans are not shielded from the reach of terrorism. Bearing in
mind, we must continue to defend against these forces of evil and those
who support them. We cannot spend the rest of our lives in fear. I
support this resolution in order to protect the life of every American,
at home and abroad, I also believe it offers the best chance for peace
because it clearly communicates U.S. resolve to Saddam Hussein and
makes clear that his continued refusal to disarm will be his undoing.
Mr. Speaker, granting the authority to send our brave men and women
in uniform overseas to fight in hostile territory is the most difficult
decision we make in Congress. That was true last year and it remains
true today. Since the beginning of the first mission in Afghanistan on
October 7, 2001, our military men and women have fought terrorists and
disrupted their networks, liberated a country, and brought the prospect
of peace and democracy to a nation that had not seen either in decades.
While our military campaign in Afghanistan is slowly coming to a close,
we must not lose sight of our primary objective, to rid the world of
terrorists and those who sustain them. Saddam Hussein and his regime in
Iraq fit this description.
Mr. Speaker, after sifting through the evidence, reviewing the facts,
and probing the Administration, I am convinced Saddam Hussein's regime
is a clear and present threat to the security of the United States and
our allies. Since he came to power in Iraq in 1979, Hussein has waged
war on his neighbors and terrorized his own people with chemical
weapons. He has allowed terrorists groups, such as al Qaeda, to operate
safety in Iraq. He has supported terrorist actions by compensating the
families of Palestinian suicide bombers for their attacks on innocent
Israeli citizens. He orders his military to fire missiles and artillery
on U.S. and a coalition aircraft that patrol the U.N.-imposed no-fly
zones that protect Kurd and Shi'a Muslims in Northern and Southern
Iraq, respectively. He has attempted to assassinate a former U.S.
President. Moreover, he has violated the basic human rights of his
people, causing them to live in fear and poverty, while he builds
Presidential palaces and lives of life of luxury. Currently, there is
nothing stopping him from using weapons of mass destruction against the
United States and our allies, or from giving them to terrorists.
[[Page H7728]]
After the gulf war in 1991, Saddam Hussein agreed to abide by United
Nations Security Council Resolutions 686, 687, and 688. By agreeing to
these resolutions, Hussein was required to, among other things: allow
international weapons inspectors to oversee the destruction of his
weapons of mass destruction; not develop new weapons of mass
destruction; destroy all of his ballistic missiles with a range greater
than 150 kilometers; stop support for terrorism and prevent terrorist
organizations from operating within Iraq; help account for missing
Kuwaitis and other individuals; return stolen Kuwaiti property and bear
the financial liability for damage from the gulf war; and end his
repression of the Iraqi people. Mr. Speaker, he has taken none of these
required actions.
As a matter of fact, over the past decade, Saddam Hussein has shown
nothing but contempt for the United Nations and its member-states. In
all, Hussein has violated sixteen critical U.N. resolutions. It became
obvious that Hussein had no intention of cooperating with the U.N. when
Iraq ceased cooperation with weapons inspectors on October 31, 1998,
after several years of evading, deceiving, and even harassing U.N.
weapons inspectors. This flagrant violation of U.N. Resolution 687
prompted the passage of U.N. Resolution 1205, which called on Iraq to
continue ``immediate, complete and unconditional cooperation'' with
U.N. weapons inspectors. These events led to the Clinton Administration
signing the Iraqi Liberation Act of 1998 into law, which clarifies the
official position of the United States as promoting regime change in
Iraq. Regardless, it has been four years since weapons inspectors last
visited Iraq. There is no doubt that within this time Hussein has
reinvigorated his weapons programs, and according to the International
Institute for Strategic Studies, an independent research center based
in London, there is little doubt that Hussein's nuclear capabilities
are within reach.
If Saddam Hussein persists in violating U.N. Security Council
resolutions and refuses to disarm and the use of force becomes our only
option, then the goal of military action should not just be to remove
weapons of mass destruction from Iraq. Military action must also have
the end result of removing Hussein from power. In the end, nothing
short of a regime change will liberate the Iraqi people, whom Saddam
Hussein has repressed for more than two decades. Since April of 1991,
Hussein has continued to ignore U.N. Resolution 688, which requires him
to allow immediate access to international humanitarian organizations
to help those in need of assistance in Iraq. Furthermore, Hussein
punishes his people by diverting funds from the U.N.'s ``oil-for-food''
program to pay for his weapons programs. I believe Saddam Hussein will
continue to do what he has done so effectively in the past: violate the
basic human rights of every Iraqi citizen.
I would now like to read to you the following excerpt from the book
The Threatening Storm: The Case for Invading Iraq by Kenneth M.
Pollack. Mr. Pollack, a former analyst on Iraq for the Central
Intelligence Agency who served on the National Security Council during
the Clinton Administration, is one of the foremost experts on Saddam
Hussein and the Iraqi regime.
This is a regime that will gouge out the eyes of children
to force confessions from their parents and grandparents.
This is a regime that will crush all of the bones in the feet
of a two-year-old-girl to force her mother to divulge her
father's whereabouts. This is a regime that will hold a
nursing baby at arm's length from its mother and allow the
child to starve to death to force the mother to confess. This
is a regime that will burn a person's limbs off to force him
to confess or comply. This is a regime that will slowly
lower its victims into huge vats of acid, either to break
their will or simply as a means of execution. This is a
regime that applies electric shocks to the bodies of its
victims, particularly their genitals, with great
creativity. This is a regime that in [the year] 2000
decreed that the crime of criticizing the regime (which
can be as harmless as suggesting that Saddam's clothing
does not match) would be punished by cutting out the
offender's tongue. This is a regime that practices
systematic rape against its female victims. This is a
regime that will drag in a man's wife, daughter, or other
female relative and repeatedly rape her in front of him.
This is a regime that will force a white-hot metal rod
into a person's anus or other orifices. This is a regime
that employs thalium poisoning, widely considered one of
the most excruciating ways to die. This is a regime that
will behead a young mother in the street in front of her
house and children because her husband was suspected of
opposing the regime. This is a regime that used chemical
warfare on its own Kurdish citizens--not just on the
fifteen thousand killed and maimed at Halabja but on
scores of other villages all across Kurdistan. This is a
regime that tested chemical and biological warfare agents
on Iranian prisoners of war, using the POWs in controlled
experiments to determine the best ways to disperse the
agents to inflict the greatest damage.
This is the fate that awaits thousands of Iraqis each year.
The roughest estimates are that over the last twenty years
more than two hundred thousand people have disappeared into
Saddam's prison system, never to be heard from again.
Hundreds of thousands of others were taken away and, after
unforgettable bouts of torture that left them psychologically
and often physically mangled, eventually were released or
escaped. To give a sense of scale, just the numbers of Iraqis
never heard from again would be equivalent to about 2.5
million Americans suffering such a fate.
It is true that Iraq has said publicly that it will allow weapons
inspectors to return. While some members of the United Nations believe
Iraq is taking the necessary steps to rectify its past transgressions,
Iraq has placed several conditions that can only hamstring the U.N.'s
efforts. If the U.N. bows to Hussein's demands, the legitimacy of the
entire organization could be called into question.
The purpose of this resolution is to authorize the President to use
such force as may be necessary to protect the national security of the
United States from threats posed by Iraq and to enforce U.N.
Resolutions. Yet even more clear than this language is the message it
sends. This resolution sends the message of resolve. It shows that we
are resolved to protect ourselves and our allies with whatever means
are necessary. And, it is precisely because of this message that we
open up the possibility of a peaceful settlement to this great threat.
To be clear, after eleven years of dealing with Iraq one thing is
certain: Saddam Hussein is motivated only when he finds he has no other
options. This resolution demonstrates our unity behind action, should
he fail to meet the demands of the international community. Without it,
we can be assured that Hussein's Iraq will continue stockpiling and
developing weapons of mass death, providing safe haven for terrorists,
and tormenting his own people. Meanwhile, the danger for American and
our allies will grow even worse.
Additionally, we seem to be experiencing quite a logjam in the U.N. I
believe that passage of this resolution will help break that impasse
and secure a meaningful and direct resolution from the U.N., which will
help build a larger multilateral coalition around this just cause. If
these last attempts at a peaceful solution do fail, then we must show
that we are resolved to act to rid the world of this great threat.
Mr. Speaker, war should always take a backseat to peace. I still hold
out hope that a peaceful solution can be reached. Unfortunately, time
and time again, Saddam Hussein has forsaken his opportunities for
peace. He is aggressively seeking to acquire nuclear weapons and build
up his other weapons of mass destruction. The longer he is allowed to
make progress on these deadly projects, the greater the threat to us--
including the threat that Iraq could supply terrorists with weapons of
mass destruction. If Hussein refuses to comply, the United States must
take action, or risk the use of biological, chemical, or nuclear
weapons against us on our own soil.
Mr. WALSH. Mr. Speaker, the decision before the Congress this week is
whether or not to give the President the option to use force with Iraq
if all else fails. It is similar to the one before the Congress early
in my career when the elder Bush was in the White House. The main
difference was that Iraq had invaded a sovereign nation, Kuwait, to the
outrage of the world community.
The world agreed that Iraq was the aggressor and must be driven out.
The U.N. voted for precisely that and we led the effort. Although much
clearer in circumstance, it was an extremely difficult decision.
Today things are not quite so clear. There has been no invasion and
there, at least at the moment of this writing, is no U.N. sanction for
military action.
The arguments are more like piling straws on a camel's back. Saddam
Hussein is a murderer of his own people. He is a warmonger, witness
Kuwait, Iran and the Kurds in his own country. He aggressively pursues
the development of nuclear weapons. Remember Israel bombed an Iraqi
nuclear facility many years ago. Hussein still pursues that goal. He
has accumulated thousands of liters of chemical and biological weapons
and is not afraid to use them, in fact he has used them against Iran
and his own people. He planned an attempted assassination of an
American president. He defies U.N. resolutions that ended the '91 Gulf
War, which called for the destruction of all weapons of mass
destruction. He refused to allow weapons inspectors to do their job and
threatened and intimidated them at every turn.
Now we are told that Iraq may have become a weapons supermarket for
terrorism. Some al Qaeda leaders are there and other terrorist
organizations have close ties; i.e. Abu Nidal. We are told that Hussein
provides $25,000 to each family of the suicide bombers who attack
Israel. And we can't forget that during the Gulf War Hussein rained
Scud missiles down on innocent Israeli civilians in Tel Aviv and other
communities. Iraq now is working to extend the range of their missiles.
[[Page H7729]]
Now, under the threat of U.S. action, Hussein agrees to let weapons
inspectors back into his country. Can there be any doubt that the only
thing this man responds to is the threat of deadly force? One is
tempted to believe Hussein is now prepared to admit weapons inspectors.
And indeed we should and must let that scenario play out before any act
of war. But the skeptic in me doesn't believe a word that he says.
History is a wonderful teacher and we all know this man's history.
The U.N. has shown itself to be incapable and unwilling to enforce
its own resolutions. As a guarantor of world peace they have a
checkered past at best. Without having the threat of military
intervention, the U.N. is a paper tiger. I have long been a supporter
of the U.N. I believe that the nations of the world must have a forum
in which to settle their differences but when a tyrant like Hussein
thumbs his nose at the world, something isn't right.
One last point, since the 9/11 attack on our country we have been
pouring over the coals, literally and figuratively. One by one we have
connected the dots that led to the attack. We have seen the threat that
connects the plans to do great harm to our country and our people.
The President in these past weeks has connected the dots for us. He
has pointed to Iraq with great alarm and tried to help us to understand
the threat. It is real. What we don't know is how imminent and what
shape the threat will take.
After much thought and prayer and consultation with my constituents
and with people I love and trust, I have decided to support the
resolution before the House. Not because I want to go to war. I don't,
I remember the last one. I remember meeting with Marsha Connor, the
mother of Patrick Connor of Marcellus who was killed in action. It was
heartbreaking.
But if we don't give the President that option, Saddam Hussein and
Iraq will continue to grow more troublesome and if they ever develop a
nuclear weapon it would be horrific. I'll vote for the resolution but I
will implore the President not to use force unless all else fails.
Negotiation, weapons inspectors, and U.N. sanctions should come first.
And if we do indeed go, we should do so with the other nations of the
world who should feel as threatened as we.
Mrs. McCARTHY of New York. Mr. Speaker, I rise in support of House
Joint Resolution 114 and the need to protect the United States from any
threat posed by Iraq. However, my support for the resolution is coupled
with several concerns associated with potential unilateral action
against Iraq.
The September 11 attacks on the United States demonstrated the will
of misguided, vengeful leaders whose determination to harm Americans
seem boundless. Clearly, Saddam Hussein is one of these leaders. This
dictator harbors terrorists, invokes chemical warfare upon his own
people and openly defies United Nations Security Council Resolutions.
His support of international terrorism, and pursuit of stockpiling
weapons of mass destruction poses not only a threat to the United
States, but also to the world.
Since 1998, this body has voted on four separate measures that
appropriate funds for Iraqi opposition forces, as well as call upon
Iraq to allow U.N. inspectors immediate, unconditional and unrestricted
access to areas they wish to inspect. Today's resolution takes a step
further and acknowledges that sanctions, weapons inspection and
containment have failed. It recognizes that Iraq and Saddam Hussein
present an unrelenting hostility to the United States. And we know when
it comes to the United States, Hussein has a very prolific partner in
hate: al Qaeda. In fact, Saddam Hussein has openly praised the
September 11 attacks.
The resolution before us authorizes United States military force
under two circumstances: (1) In order to defend our national security
against a threat by Iraq, and (2) enforce U.N. Security Council
Resolutions relevant to Iraq.
Disarming Iraq is necessary to ensure our national security. I was
encouraged to hear President Bush emphasize that Iraq can avoid
military force if all weapons of mass destruction are destroyed. I hope
that Saddam Hussein will heed this advice.
I was also encouraged to hear President Bush stress the importance of
seeking a coalition, as I believe the support of the United Nations
Security Council is critical. The President must persist in his efforts
with the U.N. to approve a tougher inspection resolution. If inspection
efforts fail, a U.N.-sanctioned military force is the best course of
action, as it would garner support in neighboring countries, and
enhance the chances of post-war success. If the U.N. were to fail to
authorize force, then the President should come back to Congress and
let us have a say about whether we go in unilaterally.
Finally, I was glad to hear the President pledge to rebuild a post-
war Iraqi economy. This is very important, as the cost of military
action must not only be weighed economically, but regionally.
Although this is one of the most difficult votes a Member of Congress
will cast, I'm afraid it is an inevitable action needed to protect the
United States from Iraq and the destructive weapons it seeks to acquire
and use.
Today, each and every member will vote their conscience. Regardless
of how we each vote, at the end of the day we must remember one thing:
that we represent the people of the United States and we must come
together as a body, and a people, just as we did on September 11.
Mr. SERRANO. Mr. Speaker, today I find myself standing here on the
floor of the House with anguish in my heart. I have read and listened
to all sides, and I have struggled to understand why our great nation
would want to contemplate going to war.
When September 11th, 2001, happened, I was in New York City, and as
the enormity of what terrorism could do to my City hit me, I was
stunned. Then I wept for all of those innocent people who were simply
doing their jobs and living their lives, who in one moment of hate lost
their lives. There has, however, not been any conclusive evidence that
links al Qaida, those responsible for the tragedy of September 11th,
with Iraq.
Some question whether those who oppose this resolution are forgetting
those who died on September 11th; some question our patriotism. Though
I should not have to affirm my patriotism, I say simply that I love my
country, I love my city of New York, and I am not afraid to deal with
those who attacked it. It is the most basic of our purposes as a
national government, to defend our nation. But here we speak of a
different matter.
I am certainly pleased that the President now recognizes that he must
secure the approval of the Congress before taking our nation to war.
This is progress and what our Constitution requires. However, if our
ultimate goal is to disarm Iraq of all chemical and biological weapons,
how does giving our President this right to go to war accomplish that
goal? Wouldn't working with the United Nations to implement a program
of rigorous inspections move us closer to our goal? I believe that
force should always be used as a last resort, and never as the first
way to accomplish a goal.
The new doctrine announced by the President, that the United States
has the right to engage in a preemptive strike, which he seeks to
implement through this resolution, frightens me and establishes a
troubling precedent. This is a doctrine better left unused. It
contravenes a half century of developed international law, of which the
United States has been a champion. Taking this idea to its logical
conclusion means that India and Pakistan, for instance, nations with
nuclear weapons and a history of conflict, may no longer feel bound by
the limitations on the use of force that have been agreed to by the
family of nations. The United Nations will become irrelevant and the
checks and balances that membership in the United Nations places on the
member states will no longer apply. Even if we strike and successfully
defeat Iraq militarily, will this make our nation a safer place to
live?
The Bush Administration often talks about ``regime change'' in Iraq
and the need to remove Saddam Hussein from power. In 1991 we decided
against regime change because of concern about the overall stability of
the region. What has happened since that time that has changed the
goals of a military action?
As a nation we need to plan and think beyond what passage of this
resolution and a military victory would mean. The United States would
need to spend at least the next ten years involved in an occupation,
reconstruction, and re-building effort. This will require a serious
commitment of American resources and troops. Are we ready to commit to
the rebuilding that will follow military action?
As a nation have we carefully considered what the impact of a
unilateral attack by the United States would be on Israel? If
everything that has been attributed to Hussein this evening is true,
are we prepared to guarantee the stability of the entire region when
Hussein finds himself threatened and decides to strike out at his
neighbors?
Our State Department is actively involved in trying to improve the
image of the United States in the Arab world and particularly among
young Arab men and women. We do not want them to perceive the United
States as an enemy. When we engage as a nation in a unilateral military
action against an Arab nation, an action that our allies are cautioning
against, how will the United States be viewed in the Arab world?
Perhaps the result will be an increase in al Qaida's membership and a
renewed hatred toward Americans.
The United States is founded on the principles of justice and due
process. If we disregard these principles and adopt a unilateral, macho
and aggressive stance, we lose our moral authority in the world.
Seeking the consensus of nations does not weaken us or expose us to
danger; instead, it fortifies us and brings to our cause the strength
of our allies.
[[Page H7730]]
We want nations to look at us with respect and not fear, outrage, and
scorn. It is time for us to take the lead in removing all weapons from
Iraq, but in a way that embraces other nations instead of isolating us
from them.
I will vote against this resolution, which permits a unilateral
military attack, because I do not believe that the President has made a
convincing case or provided sufficient evidence to merit its passage.
However, let me also make it clear that my vote against this
resolution, which I do not believe will make our nation any safer,
should not in any way imply that I think the men and women in our armed
services are anything less than heroes. They are courageous and brave.
So I end this speech as I began it, with great sadness. I cannot
agree with the course that our great nation is embarking on, one that
brings the threat of war closer and the goal of peace further away.
Mr. GARY G. MILLER of California. Mr. Speaker, as Saddam Hussein
continues to defy the United States and the world, the avenue of
options available in dealing with Hussein shrinks with every step he
takes toward attaining nuclear and other weapons of mass destruction.
It is clear that Hussein does not aspire to acquire these weapons for
the sake of self-defense. The goal of these weapons is aggression. This
is not a man of peace. This is a man of war. He has made a mockery of
the agreement ending the first Persian Gulf War, and now he holds out
hope that he can continue to manipulate the world to hold on to power.
And he intends to hold power and use it till he is successful in
acquiring weapons of mass destruction and with it, the ability to bully
and destabilize the Gulf region.
Hussein intends to use the currency of these weapons to hold hostage
the entire region. What then? Some argue that if the attack is not on
the U.S. (which we cannot guarantee), we should not get involved. But
who believes that if he again invades another country that the United
States will be able to sit on its hands as the stability of the Middle
East unravels? If he uses these weapons against his neighbors, where
will this nation be on moral ground to allow him to continue without
reprisal? Appeasement will not be an option. Further, who believes that
our country is better positioned fighting a nuclear armed Hussein than
one that is currently without that capability? Who believes that the
welfare of our men and women in uniform is better served in having them
face an enemy with nuclear weapons than one who has not yet been
successful in doing so? The answer is no one. With that being said, the
urgency of dealing with Hussein is ever increasing.
If Hussein attacks, the most brilliant diplomatic minds combined will
not be able to bring a peaceful end. However well intended those hopes
may be, eleven years of defiance have shown that peaceful talks and
negotiations are not an option for Hussein. Rather, they are an
opportunity to a man who does not deserve to lead the Iraqi people and
who we cannot continue to appease.
Between 1987-1989, he ordered the deaths of the Kurdish population by
the tens of thousands--indescriminately spraying their villages with
poisonous gas. He has proven his imperialist nature through a path of
destruction against Kuwait. He has allowed the Iraqi people to starve
in favor of diverting resources to maintaining his grip on ruling Iraq.
He has engaged in the periodic shake-up of his own administration,
brutally eliminating threats to his reign of power. He has suppressed
every effort of democracy and change in Iraq with bloodied and
unremorseful hands. Saddam Hussein has committed acts so far beyond the
pail of decency and acceptability that it leaves one to wonder in shock
why we have waited so long to end this madman's career of carnage.
Our nation stands for freedom and humanity and because it does, we
had hoped we could reason with Hussein. We hoped he would comply with
the conditions of the peace agreement ending the Persian Gulf War. In
the 1990s, we hoped he would end the shenanigans of denying access to
inspection teams and end his lies and deceit by ending his weapons
program. In all these things, Saddam Hussein failed. Through no lack of
effort, we have given diplomacy a chance.
No Saddam Hussein wants to fool the world again. And it is the job of
this body to ensure that he does not. We have exhausted all reasonable
efforts to deal with an unreasonable madman. We have risked all too
much in the hope of peace, only to have these efforts manipulated by a
illusional director. It has not been our President, but Saddam Hussein
himself that has made the most compelling case for the need for his
removal. Saddam Hussein has in his actions, told the world that he is a
threat, that he is dangerous, and that he will never be able to be held
accountable unless removed.
We can wait no longer as with each passing day, Saddam Hussein draws
closer to attaining unclear weapons and he exponentially increases the
threat he poses to this nation, our allies, and peace and stability. We
owe to the future generations not to make the mistake of holding out
hope for Hussein. We must act with diligence to protect this country
and we must act decisively.
Let this be clear that this country loves freedom and loves peace. We
deserve (and the Iraqi people deserve) more than to be held in fear by
a ruthless dictator whose actions have been unconscionable and continue
to pose a threat to humankind. We know what Hussein is capable of and
it is time to end the nightmare that he has unleashed on his people and
bring a complete end to his imperialist aspirations. Therefore, I
strongly urge an aye on this resolution.
Mrs. KELLY. Mr. Speaker, in view of Iraq's history of violence,
deception and hostility, and the mounting evidence about its pursuit of
powerful weapons, our objective must be the disarmament of Iraq and the
fundamental reform of its current political leadership.
The Administration and many members of this body realize that this
task is one that must be undertaken to protect America and its
citizens. As we have learned, failing to recognize the seriousness of
threats posed by our enemies can have grave consequences. I support
this resolution because it is critical to our national security.
It does not obligate us to carry out military action, but it makes
clear to Iraq and all nations the depth of our commitment to
extinguishing the threat, and ensures that the Administration has every
option available to achieve our objectives, including the use of
military force.
There is a looming menace to America, and we ought not delay our
efforts to neutralize it.
Mr. DICKS. Mr. Speaker, I rise today in support of H.J. Res. 114,
which expresses the support of Congress for the Administration's
efforts to enforce the United Nations Security Council resolutions
mandating the disarmament of Iraq. Passage of this measure by the
Congress will authorize the President to use American military forces
to defend the national security of the United States against the
continuing threat posed by Iraq.
Let me state at the outset that it is my judgment that the situation
in Iraq is very serious and very perilous. I have served on the Defense
Appropriations Subcommittee for 24 years, and on the Intelligence
Committee for eight of those years. I have thus had a continuing
interest in the campaign of deceit waged by Iraqi President Saddam
Hussein ever since the day he agreed to abandon his weapons of mass
destruction following the Gulf War. Based on the briefings I have had,
and based on the information provided by our intelligence agencies to
Members of Congress, I now believe there is credible evidence that
Saddam Hussein has developed sophisticated chemical and biological
weapons, and that he me be close to developing a nuclear weapon. And
furthermore, I believe he will not hesitate to use these and any other
weapons he has in his arsenal against America and against our ships and
bases in the Middle East region.
The CIA's most recent report on Iraq clearly indicates that, after
the ejection of weapons inspectors in 1998, Iraq continued its chemical
weapons program, energized its missile program, and invested more
heavily in biological weapons. Furthermore, Iraq's growing ability to
sell oil--despite the ban--increases Baghdad's capabilities to finance
weapons of mass destruction programs. Using these funds, it largely has
rebuilt the missile and biological weapons facilities that were damaged
during Operation Desert Fox and has expanded its chemical and
biological infrastructure under the cover of civilian production. The
Iraqis have also exceeded UN range limits of 150 kilometers for their
ballistic missiles and they are also developing unmanned aerial
vehicles, which would allow for a more effective and more lethal means
to deliver biological and chemical warfare agents.
Beyond these weapons programs, there is the question of nuclear
weapons. In 1991, inspectors from the International Atomic Energy
Agency uncovered a secret Iraqi effort to build nuclear weapons after
they intercepted a shipment of trucks loaded with huge electromagnetic
isotope separators used to make weapons-grade uranium. These inspectors
remained on the ground, working with U.N. arms inspectors, until the
day they were thrown out of Iraq by Saddam Hussein, flagrantly
violating the terms of the disarmament agreements he signed to save
himself in the Gulf War cease fire. Since 1998, there is credible
evidence that he has attempted to purchase uranium and the hardware
necessary to produce the kind of weapon that could inflict infinitely
greater damage than any of the destruction we witnessed on September
11th of last year. There can be no doubt that Saddam Hussein represents
a growing menace. In the four years since he expelled United Nations
arms inspectors from Iraq, he has become an emboldened dictator whose
hatred of the United States has only grown stronger as he has regained
his military capability.
[[Page H7731]]
I believe that it is extremely important that we continue our
diplomatic efforts to gain international support for action. Saddam
Hussein has blatantly violated 16 important UN Resolutions as he has
continued the arms buildup he pledged to curtail. With the growing
threat of those weapons, with the assistance Iraq is providing to
terrorist groups--including al Qaeda--and with the compelling need to
assert the authority of the international community, President Bush has
appropriately urged the UN to enforce the sanctions that its members
have approved over the last 11 years. I believe H.J. Res. 114--by
showing Congress's strong support for the President's position on the
issue--will substantially strengthen our effort to develop a consensus
at the United Nations for a new and stronger resolution demanding the
verifiable removal of Iraq's weapons of mass destruction.
I believe that it is important, in the language of our Joint
Resolution in Congress, to emphasize that we are determined in this
cause: that if these efforts to build an international coalition within
the United Nations are not successful, we believe that the United
States must still take action, joined by the British and other nations
who support us already, to ensure that Iraq is never able to use the
weapons of mass destruction it has and those it is actively developing.
In my judgment, the possibility of Saddam Hussein using these weapons
against U.S. targets or our allies in the region justifies the
commitment of American military forces, however much I truly hope that
diplomatic efforts can succeed and that war can be avoided.
Mr. Speaker, for our own safety and national security, I believe that
we should support the position that the President expressed at the
United Nations last month. It is time for action. We can no longer
ignore the reality of what Saddam Hussein is doing and we should no
longer postpone our response to the growing dangers of this weapons
programs. I urge my colleagues to vote for H.J.Res. 114.
Mr. DeMINT. Mr. Speaker, Saddam Hussein has repeatedly demonstrated
he is a threat to peaceful nations around the world. He has the money
to finance his hostile intentions, he has the capabilities to blackmail
nations with the use of weapons of mass destruction, and has shown a
willingness to use them.
Everyday our pilots in the northern and southern no-fly zones of Iraq
are the targets of Iraqi fire. Perhaps even more frightening, Saddam
Hussein continues to develop and stockpile weapons of mass destruction
and actively support international terrorism--both in violation of bona
fide international agreements. In fact, in all of his actions, Hussein
has demonstrated a persistent refusal to comply with every U.N.
Security Council resolution in force regarding his country.
U.N. Resolutions called for Saddam to end both his WMD programs and
his support for terrorism. Yet, before Hussein kicked them out of Iraq
in 1998, weapons inspection teams could testify to the large amount of
research, development, and materials associated with nuclear,
biological and chemical weapons--despite Iraq's success in concealing
the extent of its capabilities. However, Hussein did manage to hide a
great deal from these inspectors, and it was not until defectors shared
crucial information about hidden stockpiles that Saddam programs were
set back, but never completely shut down. Now some people say we should
have new inspections and do nothing else, believing this time that
inspectors will be able to do what they could not before--identify and
dismantle Iraq's WMD capabilities. Sadly, recent history teaches us
otherwise.
The same can be said about Iraq's involvement with terrorism. Hussein
continues to maintain his ties with terrorist organizations. Today his
terrorist training camps continue to breed more people intent on
harming prosperous, free, and democratic nations around the world--and
endangering innocent civilians in the process.
Hussein also targets innocent civilians in his own country in
violation of U.N. Security Resolutions. For example, the U.N. oil-for-
food program allows Iraq to sell enough oil to provide its citizens
sufficient food and medicine to sustain a decent standard of living.
However, the profits from the oil never make it to the Iraqi people;
instead Saddam funnels this money into his weapons programs. He then
bolsters his programs with illegal proceeds from smuggled oil.
In light of these actions, it is clear that the world has a problem
with Saddam and the international community agrees. Yet instead of
action, many people want to limit the United States to building broad
coalitions and placing international pressure on Saddam. Unfortunately,
history--and the past ten years--has shown us that no amount of
international pressure can stop a dictator with such disregard for
international agreements and no diplomatic coalition can change his
contempt for human life.
For decades Saddam Hussein has brutally trampled on freedom and
muzzled the self-expression of his people. He has threatened his
neighbors, supported terrorists, and stockpiled weapons of mass
destruction. We cannot remove ourselves from the struggle between
freedom and tyranny--good and evil. Saddam Hussein is already engaged
in a battle, and he has been firing shots for the past decade. Doing
nothing is not an option.
With this resolution, Congress acknowledges that something must be
done and expresses full support for the President. President Bush's
speech on Monday demonstrated that he--like the rest of us--does not
want to go to war. And the fact that President Bush waited almost a
month before using force in Afghanistan makes obvious his desire to
build coalitions and utilize every peaceful opportunity to end
international disagreement before resorting to war.
However, he also understands the United States carries an incredible
burden of leadership in the world. For this reason when he took office,
President Bush assembled one of the finest national security teams this
nation has ever seen. They have proven their leadership in previous
military conflicts and understand the cost of military action. Their
role in the war on terrorism has also demonstrated how much they care
about U.S. troops and the loss of life for anyone involved--both
military and civilian. Now is the time to have faith in the President's
proven leadership and allow him and his advisors to implement the
strategy that finally ends the threat Saddam poses to the free world.
Mr. ROGERS of Kentucky. Mr. Speaker, today I rise in strong support
of House Joint Resolution 114, authorizing the President to employ the
use of our Armed Forces against Iraq, and urge its adoption by this
Chamber. For the past 2 days, the House of Representatives has had
under consideration one of the most serious resolutions it is capable
of adopting and, like my colleagues, I take it very seriously. Some
have argued that this resolution is not necessary, that Iraq poses no
immediate danger to the United States or any other nation, and that we
should not employ military force against a sadistic terrorist regime
that displays not the slightest regard for human life. Mr. Speaker, I
disagree.
For the past 10 years, Saddam Hussein had developed and stockpiled
chemical and biological weapons and continued to construct facilities
capable of producing nuclear weapons. Evidence of this and other
destructive activities on the part of Saddam Hussein is overwhelming.
Mr. Speaker, for the sake of our Nation's safety and that of our
neighbors and allies we cannot ignore this problem any longer. Either
Saddam Hussein gives the U.N. weapons inspectors full, un-fettered, and
unconditional access to all Iraqi facilities or the United States will
take action to disarm him.
I applaud President Bush, who has prudently and methodically made a
strong case for why the United States has the moral and political
authority to take action against Iraq, if necessary. Mr. Speaker, we
are at the end of the line and words and international declarations
will no longer do against a dictator who has nothing but contempt for
the freedom-loving world and his own people.
In addition to its stockpile of weapons of mass destruction, Saddam
Hussein has repeatedly violated the Persian Gulf War cease-fire
agreement, snubbed numerous U.N. resolutions, brutalized and killed his
own people, plotted to assassinate a former U.S. President, and has
aided and harbored members of terrorists cells, including al-Qaida.
Clearly, we must act.
Mr. Speaker, the foremost responsibility of government is to ensure
the safety and security of its citizens. We demand safety and security
in our neighborhoods, schools, and workplaces; we should expect the
same in the international community as well. Although I remain hopeful
that this conflict with Iraq can be resolved peacefully, I am prepared,
for the sake of our Nation's security, to employ force. This resolution
is not, as some have stated, a ``blank check'' for the President.
Congress has and will continue to maintain its constitutional
prerogatives if armed conflict with Iraq should ensue, but as a nation,
we have the right to take action. Thus, I urge the adoption of House
Joint Resolution 114.
Mr. BONILLA. Mr. Speaker, today, we are debating the most fundamental
issues we face as a Congress and as a country. Today we are debating
whether to send America's sons and daughters into harm's way, whether a
threat exists to America's security and whether we need to act now or
wait. We have no more grave responsibility as legislators than
defending our Nation and democratic way of life.
American foreign policy has had a single objective since the
foundation of our republic. That objective has been to defend our
independence and freedoms. Over the years the policies America has
followed have changed to meet the changing threat.
During America's first century we followed a policy of staying out of
foreign conflicts, comfortable in the security offered by two oceans.
[[Page H7732]]
The Monroe Doctrine represented the first expansion of American policy
in its vigorous assertion of America's right to ensure that no foreign
power intervenes in our hemisphere. The last century saw a further
expansion of American power as we acted to prevent any hostile power or
ideology from dominating the eastern hemisphere and threatening our
continued independence.
Today, we face a new challenge, a homicidal dictator striving to
acquire the means to threaten our civilization and kill millions of our
fellow Americans. Saddam Hussein already has the means; he only lacks
the material needed to build an atomic bomb. It has been widely
reported that he could build a bomb within a year were he to acquire
certain materials. A nuclear armed Saddam Hussein would represent a
clear and present danger to our nation.
No one who has objectively looked at the facts, no one who has seen
the Kurdish villagers gassed on Saddam Hussein's order, no one who
remembers the invasion and looting of Kuwait, no one looking at the
facts can doubt that a nuclear Saddam Hussein would be a threat to our
Nation and civilization.
Given these facts I think it is important we understand what we are
debating today. We are not debating whether a nuclear Saddam Hussein is
a threat. No honest analysis can deny that. We are not debating how to
confront Saddam Hussein. No one wants war and it is my earnest hope
that our actions today will convince Saddam Hussein that he must disarm
and give up his goal of acquiring nuclear weapons. However, we can only
succeed in avoiding war if Saddam Hussein is convinced that he risks
war and the destruction of his regime if he continues to defy us.
What we are debating today is timing. Do we confront Saddam Hussein
today or wait. Do we act now when he does not possess nuclear weapons
or wait until he does. Common sense tells us that the risky course is
to wait. Our responsibility as legislators dictates we act against any
threat to our independence. Opponents of this resolution say the risks
are too great and that there is too much that is unknown, but the risks
of not acting are far greater and the unknown far more terrifying.
Let us remain true to previous generations of Americans who have been
vigilant in protecting our freedom and vote for this resolution. Let us
live up to the expectations set by the Founding Fathers and support
this resolution.
Mr. HERGER. Mr. Speaker, I rise in strong support of the resolution
before us today. The principle purpose of the resolution is to
authorize the use of military force--if deemed necessary--to remove
Saddam Hussein from power in Iraq. The Hussein regime poses a direct
threat to the security of the United States and our partners in the
world. And this threat must not be allowed to stand.
In the aftermath of the Persian Gulf War, Saddam Hussein agreed to
numerous United Nations Security Council resolutions--16 of them--as
conditions of his political survival. Now, almost 12-years later,
Iraq's leader has failed outright to comply with these terms of peace.
Hussein has continued to stockpile weapons of mass destruction,
subjected the people of Iraq to squalor and starvation, openly
sponsored terrorist attacks, and has in all ways defied the
international community. He has lied repeatedly and there is no doubt
that he cannot be trusted.
Yet still, many wonder if Saddam's distant rogue regime is a real
threat to our national security, and the safety of American citizens?
To answer this question we need look no further than the horrors of
9-11 and how terrorists from afar were able to strike at America.
Hussein's hatred of our country has been made plain. Despite our best
efforts at border security, it is conceivable that terrorists,
sponsored by Hussein, might smuggle Iraqi weapons into the United
States for use in an attack against our citizens.
Our intelligence reports confirm this threat as real. Iraq maintains
an extensive stockpile of sophisticated chemical and biological
weapons, and is continuing in its program to develop nuclear weapons
and the means to deliver them. We also know that Iraq supports
terrorist groups and encourages violence against Israel with cash
payments to the families of suicide bombers. Under Hussein's regime,
Iraq has become a new safe-harbor for al-Qaeda and other terrorist
groups.
Just as we must vote to pass the resolution before us, so too must
the United Nations reaffirm its importance in the global theater,
approving the use of force against Iraq. As in the Gulf War, a unified
coalition effort from the beginning would help foster consensus to
rebuild Iraq and reconstitute a new Iraqi government following military
action.
As we prepare for what may be an inevitable war scenario in Iraq, we
must acknowledge the possible outcomes of such an action, both positive
and negative.
Our objective would be to eliminate the threat posed by Hussein's
regime, and thereby create a more stabile political environment in the
Middle East. Still, the decision to commit American troops to the
battlefield is never easy. In addition, there are also other
considerations, such as, if we are successful in our mission, what
happens next? What kind of force will it take to successfully see
through a transition in Iraq and foster a new democracy?
While these possibilities must be considered when weighing any
action, the immediate issue is clear: Iraq is a threat that must be
dealt with swiftly.
I firmly believe that our President will make the right decision, in
the best interest of the United States, and I have the utmost
confidence in the integrity of his counsel. Mr. Speaker--at times we
must be willing to use force to protect the security of our people and
of our Nation.
Now is one of those times.
I would like to thank my colleagues in the House for introducing this
strong resolution, and would like to urge all to stand by the President
and vote for its passage.
Mr. GREENWOOD. Mr. Speaker, more than 200 years ago, the first
President of the United States addressed the Nation's first Congress
with these prophetic words, ``the preservation of the sacred fire of
liberty and the destiny of the Republican model of government are . . .
finally, staked on the experiment entrusted to the hands of the
American people.''
Now we find ourselves in a new century, confronted by new trials.
We have withstood attempts at invasion, survived a bloody civil war,
endured two world wars and prevailed in the long twilight struggle
President Kennedy spoke of more than forty years ago.
Ten years ago, confronted by the specter of Kuwait brutally overrun
by Iraqi forces, the United Nations and the United States led a
coalition of more than 28 nations in a war of liberation.
Then President Bush plainly outlined our war aims. ``Our objectives''
he said ``are clear. Saddam Hussein's forces will leave Kuwait. The
legitimate Government of Kuwait will be restored. . . . and Kuwait will
once again be free.'' All of this was achieved.
He then went on to say that once peace was restored, it was our
Nation's hope, ``that Iraq will live as a peaceful and cooperative
member of the family of nations.'' this hope has gone unfulfilled.
And so, in Franklin Roosevelt's words, ``there has come a time, in
the midst of swift happenings, to pause for a moment and take stock--to
recall what our place in history has been, and to rediscover what we
are and what we may be. There is no greater example of what we are than
how we responded to the terrible events of September 11.
Confronted with a massacre of innocent lives; the attack on the World
Trade Center and the Pentagon, and the horror of the instruments of
modern technology being used as the means of our destruction, we did
not falter.
In the weeks and months since, we have buried our dead, cared for our
wounded, aided the widows and orphans, improved our defenses and taken
the war to our enemy.
Now we are asked to do more.
Over the past few months, I have agonized, along with many of my
neighbors and constituents, on the degree of threat the renegade regime
in Iraq represents to our safety and security.
It is for these and other reasons that I set the bar so high on what
I would require before I would embrace any presidential action that
included the use of force to remove Hussein and his henchmen from
power.
The most compelling reason, as I wrote to my constituents was the
realization that, ``any decision to finally remove Hussein and his
regime, once begun, could not be permitted to fail.
For those reasons, I urged the administration to work to promote a
regime change short of the use of the military option.
I went on to argue that, should those efforts fail, then it was
incumbent upon the administration to make their case to the United
Nations, to the American people and to Congress before inaugurating any
major military undertaking against Iraq.
This they have done. Now it is time for us to decide. I will vote
``yes'' on this resolution.
While I still hold out some hope that by its passage the United
Nations will be empowered, to force Iraq to comply with the will of the
international community, that they eliminate all their weapons of mass
destruction, I bear too great a responsibility to allow my actions to
be governed by that hope alone.
As a Member of Congress, I must act upon information I possess in a
way that most clearly protects our people and our way of life. And what
I know is this. Should the U.N. fail in its mission, we will have very
little choice but to act.
I am now persuaded that, left to his own devices, Saddam Hussein will
not be content until he has the means to murder his own people and the
people of many nations with the most horrible weapons of war. This we
cannot permit.
Neither can we permit him to cause the kind of world economic
blackmail and chaos that
[[Page H7733]]
could ensue, should he be allowed to continue his arms build-up. As
President Eisenhower once observed, ``We are linked to all free peoples
not merely by a noble idea but by a simple need. No free people can for
long cling to any privilege or enjoy and safety in economic solitude.''
I do not take this step lightly. To knowingly spend the precious
blood of our sons and daughters and the wealth of this peaceable
people, even in the noblest cause, is a burden no sensible man desires.
But, in the end, our place in the world as the pre-eminent champion of
human rights and human liberty leaves us very little choice.
At the close of his 3rd Inaugural Address, on the eve of our Nation's
being drawn into the Second World War, Franklin Roosevelt spoke these
words, ``In the face of great perils never before encountered, our
strong purpose is to protect and to perpetuate the integrity of
democracy. For this we muster the spirit of America, and the faith of
America. We do not retreat. We are not content to stand still. As
Americans, we go forward, in the service of country. . . .''
Mr. NUSSLE. Mr. Speaker, I rise in support of this resolution. It is
both reasonable and necessary.
At its essence, our debate is about the critical need to ensure
Saddam Hussein fully understands our resolve to protect our citizens
and to promote peace around the world. There is no question we would
all prefer it if the path ahead did not include military action.
Unfortunately, Saddam Hussein may not allow us that option.
The President and other members of his administration have provided a
sober, convincing picture of the threats our nation faces from Iraq's
current regime. As the President said earlier this week, ``While there
are many dangers in the world, the threat from Iraq stands alone
because it gathers the most serious dangers of our age in one place.''
And this ``one place'' is led by an evil, evil dictator who directs
his intense hatred toward America, Americans, our interests and our
allies.
Iraq's leadership has continued to aggressively pursue the
development of weapons of mass destruction to add to his arsenal. We've
all talked about these weapons but it's worth spelling out what they
can be: chemical weapons, biological weapons and even nuclear weapons.
Saddam Hussein has shown his cruel willingness to use such devastating
weapons against his own citizens and his neighboring countries in the
past. I sincerely doubt he's had a change of heart.
We must also not ignore the support of terrorism found in Hussein's
Iraq. September 11, 2001 was a horrific reminder that terrorists are
serious in their intent to harm Americans. This step is a continuation
of the war against terrorism that our nation has been forced to
undertake.
It is Saddam Hussein himself who provides the final proof that we
must act. He has a robust history of disregard of the international
community and its laws. Time and again, he has willingly and defied the
United Nations and the world community by ignoring the agreements he
has made. He has constructed a wall of delay and deception that at
times is as thick as the cloud of black smoke from the malicious oil
fires that greeted our troops in 1991 as they liberated Kuwait.
It's obvious that Iraq's current regime presents problems not just
for the United States, but problems for international peace and
stability. We can not deny the seriousness of the situation, and I
believe America should provide its leadership for the sake of peace and
justice.
The President has earned our confidence through his leadership since
last fall's terrorist attacks. The President is determined to pursue a
course of action with regard to Iraq that will both ensure our own
nation's security and promote international stability and I support his
efforts.
At the same time, I want to make it clear that I respect those who
have sincere opposing views on the question before us. The freedom to
disagree is one among many freedoms that we are vigorously trying to
preserve and I would never want that to change. Few in Iraq who
disagree with Saddam Hussein can share their opinions openly.
The resolution we are considering makes it clear that America prefers
to find solutions together with the United Nations and other
international leaders. It also provides authority for the President to
use force if diplomatic or other peaceful means are not effective. It
preserves America's right to act on its own as we must in self-defense
of our nation's interests.
Mr. Speaker, the first major vote I took as a Member of Congress in
1991 was to support the international coalition's effort to liberate
Kuwait from Iraqi aggressors. No one wanted war then, but it was
necessary. No one wants war now. We don't seek it. It is my fervent
hope that war with Iraq may yet be avoided. And it may. But our shared
and firm commitment to the security of our nation should not be
questioned by Saddam Hussein or the world community.
Mr. DOOLEY of California. Mr. Speaker, I rise today in support of
H.J. Res. 114, the bipartisan resolution authorizing the use of
military force against Iraq.
Like most Americans, I understand that our security is threatened by
rogue nations suspected of crafting biological and chemical weapons,
and by those who seek access to nuclear weapons. I am convinced that
Iraq is building an arsenal of weapons of mass destruction, following
repeated refusals, over many years, to comply with United Nations
weapons inspections. I believe it is our responsibility to ensure that
Saddam Hussein is no longer positioned to pose a major and imminent
threat to U.S. national security. I further believe that the President
should have the authority to use force against Iraq, if he deems it
necessary.
Ms. CARSON of Indiana. Mr. Speaker, let's get this straight: a
preemptive war is a war nonetheless, a war the would-be preemptor
starts.
According to our Congressional Budget Office, the aggressive war the
President wants to start against Iraq would cost our taxpayers between
$6 and $9 billion a month. With most people's retirement accounts in
the tank, the Federal accounts drenched in red ink and so many people
out of work, don't we have better and less violently fatal ways to
spend money?
Despite our using parts of Iraq for bombing practice over a ten year
period, Iraq hasn't attacked us. But if we carried out a campaign to
destroy the regime entirely, what would Saddam have to lose by trying
to sneak biological weapons into the U.S.? As we have seen in
Afghanistan, it is not physically possible for us to bottle up a
country so that no one can slip away.
A preemptive strike without U.N. Security Council compliance is, by
definition, aggression and a treaty violation. A duly entered into
treaty is the law of the land. Moreover, the mandate of our
Constitution is that Congress alone has the authority to start a war.
And the Constitution does not permit Congress to delegate any part of
that authority to the President as this proposed resolution would do.
In discussing that Constitutional provision (Art. 1, Sec. 8, Clause
11), Congressman Abraham Lincoln wrote in part:
Allow a President to invade a neighboring nation whenever
he shall deem it necessary to repel an invasion, and you
allow him to do so whenever he may choose to say he deems it
necessary for such purpose--and you allow him to make war at
pleasure.
There are twenty million people in Iraq not named Hussein. An
invasion would kill untold thousands of those already weakened people.
On Saturday the President said, ``We must do everything we can to
disarm this man before he hurts one single American.'' Could that
possibly mean that the President believes the American soldiers who
would be slaughtered in the war he wants to start against Iraq would
not be ``hurt.'' Should such stark horror be so casually inflicted on
so many young Americans on such flimsy and dubious evidence?
Let's get another thing straight: the al-Qaida did not invent
terrorism; it is anything but ``a new kind of war.'' It went on during
the reconstruction period in America and periodically since.
Not long ago, President Reagan and Vice-President Bush were telling
us one of the good things about their then-friend Hussein was that he
was secular and not a religious fanatic. Now suddenly this President
Bush is telling us that Hussein is in cahoots with religious fanatics
who, even the most casual student of the mideast knows, hate Hussein's
guts and would be delighted to overthrow him. Bear in mind that the
Bush/Hussein friendship was still going strong after both the Hussein
invasion of Iran and his use of gas weapons against his own people.
For 40 years, the Soviet Union was our adversary and was armed to the
teeth with awesome nuclear weapons with intercontinental capability
that made Hussein the pipsqueak he is. The Soviet Union also
slaughtered millions of its own people and invaded neighboring
countries. The Soviets were our Saddam Hussein of the time. But no U.S.
``preemptive war.'' Not necessary because the Soviets knew use of
nuclear weapons would mean their suicide.
For the sake of argument, let's say Hussein had primitive nuclear
weapons now, which he almost certainly does not. He and his gang aren't
so dumb that they don't know use of such weapons would mean that he and
his ``grizzly gang'' would be vaporized within minutes by our awesome
nuclear capability.
So why war now? Mr. Rove, the White House politics man, is on record
as saying that war is good for his party to win elections. Is this,
then, a political question or a moral one?
One of the greatest dangers to an American soldier is a poor economy
at election time.
In good conscience, I cannot cast my constituents' vote for this
latter-day Gulf of Tonkin
[[Page H7734]]
Resolution. It is said that the only thing we learn from history is
that we do not learn from history.
Mrs. BONO. Mr. speaker, since coming to Washington, I have taken part
in many significant and historical debates. Most of the time,
Republicans and Democrats have been at odds with one another. But last
week, as I and a group of my Democrat and Republican colleagues,
discussed this issue with the President of the United States in the
Cabinet Room of the White House, I felt a sense of purpose and
bipartisanship that made me proud to serve as a Member of Congress.
To grant our President the authority to use force against the regime
of Saddam Hussein as a last resort is not a vote I take lightly.
However, over the course of our nation's young history, there have been
many times when I wish we had been able to prevent a variety of
calamities. From the assault on Pearl Harbor to the terrorist attacks
of 9-11, we have been reminded time and time again that we do not live
in splendid isolation.
It is for this reason we must consider taking up arms yet again to
defend ourselves. While I realize the human cost of war on both sides
is sobering, the cost of inaction in this case could far exceed our
worst fears.
Saddam Hussein has used weapons of mass destruction on his own
people. He has used them against the Iranians. There is no question in
my mind that this international outlaw has a diabolical drive to
acquire nuclear weapons to use against our Nation and our allies. If we
do not act now, we will have put the lives of our citizens at risk and
we will have failed our future generations. We will go down in history
as having given up our principals out of fear. History will not forgive
us.
Our World War II generation of men and women, under the leadership
and strength of FDR and Churchill, fought and died to give us the
freedoms we enjoy today. It is now up to us to rise to this new threat.
While I believe we must work with our allies to exhaust all reasonable
diplomatic means, we must also be prepared to take military action to
defend our country from a tyrant who can unleash a reign of terror upon
the civilized world never before seen.
Mr. Speaker, it was quite significant for so many of us with such
varied backgrounds and philosophies to come together with the President
in the Cabinet Room last week. We were able to prove that national
security is an issue that transcends party lines and sends a signal to
our aggressors that we will stand firm and united in order to protect
our country and her citizens.
The world is watching us. The United States and this Congress cannot
be afraid to lead and defend. We have a sacred obligation to our people
and our way of life.
Mr. ROGERS of Michigan. Mr. Speaker, just a few short weeks ago, I
believed the President's focus on unilateral U.S. action raised more
questions than it answered. Chief among my concerns were issues such as
international support, the existence of a clear and present danger to
the United States, conditions for maximizing success and minimizing
casualties, and the effect of unilateral action of Middle East
stability.
I was pleased to see the President listen to these concerns, work
closely with the Congress, and produce the bipartisan resolution
currently under debate in the House. One thing is clear, the strength
of our Republic, our commitment to debate, democracy and freedom is as
strong today as in any time in our Nation's history.
Like most Americans, I have wrestled with the question of how to
neutralize the threat of Saddam Hussein. During my travels in Michigan,
thousands of constituents have shared their concerns about a unilateral
and full-scale American invasion of Iraq. In fact, I continue to share
those very concerns.
This week, I will cast the toughest vote of my time in public
service--a vote that may commit American men and women to a war against
Iraq and its brutal dictator. This is a war in which lives surely will
be lost. The first time I faced such a tough decision was in giving the
President authority to send troops into Afghanistan to hunt down the
terrorist who attacked our Nation on September 11, 2001.
As we all are learning, the face of war is changing. Formal
declarations of war by our enemies are going the way of trench warfare
and cavalry charges--relics of a different era. The resolution
currently before Congress reflects that changing reality.
Today's enemies do not distinguish between civilian and military
targets. Today's enemies are just as likely to use chemical and
biological weapons as bullets and bombs. These are the very real
threats posed by modern enemies that do not allow us to wait for an
attack of catastrophic proportions.
Going to war, however, requires more than recognizing the threat. It
is the immediacy of these threats that pose a clear and present danger
to U.S. citizens. This was underscored in my recent briefings at the
White House with National Security Advisor Condoleezza Rice, CIA
Director George Tenet, and other military intelligence and foreign
policy experts. Their information, some of it classified, reinforced
the very real threat Saddam poses with nuclear, biological and chemical
weapons, and his willingness to use them. Even against the United
States.
A great deal of soul searching has gone into the process that began
with talk about the U.S. attacking Iraq and has now come to an
agreement on four very important points:
(1) Multilateral Action. Last month, after returning from a Middle
East trip, it was absolutely clear that Saddam's neighbors who know him
best, fear him deeply and would shed few tears if he were removed from
power. However, the region's leaders, especially Saudi Arabia, were
concerned about the fragile future of the Middle East. They want Saddam
removed, but through a strong alliance, not one-on-one, America versus
Saddam. This bipartisan congressional resolution authorizes President
Bush to ``obtain prompt and decisive action'' by the United Nations
Security Council to ensure that Iraq abandons its strategy of ``delay,
evasion and noncompliance'' with all relevant international
resolutions.
(2) Force As Last Resort. The Bush administration and our allies must
exhaust all diplomatic efforts before resorting to armed force in Iraq.
The resolution provides that President Bush must certify to Congress,
before any military strike, if feasible, or within 48 hours of a U.S.
attack, that diplomatic and other peaceful means alone are inadequate
to protect Americans from Saddam's weapons of mass destruction. If
America must go to war against a regime that threatens our lives, it
will not happen until all other possible solutions have been exhausted.
(3) Congressional Oversight. In addition to the certification to
Congress before a military strike, this resolution requires President
Bush to report to Congress every 60 days on ``matters relevant'' to the
confrontation with Iraq.
(4) Retaining American Sovereignty. While the resolution authorizes
the United States to work through a U.N. Security Council resolution,
no American sovereignty is forfeited. If all efforts fail and the
national security of the United States is under direct threat by Iraq,
the resolution authorizes the President to use the Armed Forces of the
United States as he determines ``necessary and proper'' in order to
defend America.
God Bless America!
Mr. PASTOR. Mr. Speaker, I am committed to the war against terrorism,
and believe that stopping Saddam Hussein from developing weapons of
mass destruction is a necessary part of that effort. At this time,
however, I believe it is premature to authorize a unilateral attack on
Iraq.
Working with the international community is the surest means of
addressing this threat effectively, sharing costs and resources, and
ensuring stability in Iraq and throughout the Middle East in the event
of a regime change. While the President has spoken of the value of a
coalition effort, the resolution before the House today undermines the
importance of our allies and of maintaining the momentum of
international cooperation in the wider war on terrorism.
I support the Spratt amendment to the resolution. This amendment
would authorize the use of U.S. forces in support of a new U.N.
Security Council resolution mandating the elimination, by force if
necessary, of all Iraqi weapons of mass destruction and means of
producing such weapons. Should the Security Council fail to produce
such a resolution, the amendment calls on the President to then seek
authorization for unilateral military action. In this way, the
amendment emphasizes our preference for a peaceful solution and
coalition support while recognizing that military force and unilateral
action may be appropriate at some point.
We should not rush into war without the support of our allies. We
should not send American troops into combat before making a good faith
effort to put U.N. inspectors back into Iraq, under a more forceful
resolution. We should not turn to a policy of preemptive attack, which
we have so long and so rightly condemned, without first providing a
limited-time option for peaceful resolution of the threat. America has
long stood behind the principle of exhausting diplomacy before
resorting to war, and at times like this we must lead by example.
Mr. TIAHRT. Mr. Speaker, I rise today to support H.J. Res. 114, a
resolution granting President Bush the authorization to use military
force against Iraq. Never in my 8 years as a Member of Congress has
there been a vote with as far reaching consequences as this one.
I am under no illusions. War is a serious matter with the real
possibility of casualties. I have given this decision a great deal of
thought, have sought wise counsel and have spent much time in prayer.
It is with a heavy heart that I have come to the conclusion that
military action against Iraq may be our only option.
[[Page H7735]]
For more than a decade the United States has been working with the
United Nations and the international community to use diplomatic means
to bring a peaceful solution to the troubling situation in Iraq. We had
all hoped Saddam Hussein and his regime would ultimately comply with
what the United Nations has demanded. Instead, he has violated,
disregarded and openly flouted the 16 U.N. resolutions.
We now know Saddam Hussein is actively seeking nuclear weapons
capability, and with fissile material, could build one within a year. A
nuclear strike made against us or our allies in the region could result
in millions dead. Either Saddam Hussein acquires a nuclear weapon, or
we ensure he is stopped. Additionally, Hussein may have the propensity
to sell or given nuclear weapons to terrorist organizations one he had
acquired them. This could have devastating results.
Traditional nuclear deterrence and containment will not be effective
with this regime. Hussein has consistently shown no moral concern for
the Iraqi people. Instead, he has a record of acting with selfish deeds
of violence against his own family and people. He has mortgaged
everything in an effort to obtain nuclear weapon capability. In
fighting international sanctions, he has forfeited $180 billion in oil
revenue, impoverished many of his people and allowed degradation of his
military forces.
Saddam Hussein has already shown the propensity to use chemical
weapons on his neighbors in the region and on his own people, and he
continues to possess and develop significant chemical and biological
weapons capability. One source indicates that Saddam Hussein has
already used chemical and biological weapons 250 times.
In addition to these threats, the Iraqi regime continues to aid and
harbor international terrorist organizations, including groups that
have threatened the lives and safety of American citizens.
I have had the opportunity to participate in several classified
briefings led by President Bush, National Security Advisor Condoleezza
Rice and Deputy Director of Central Intelligence John McLaughlin. I am
convinced that Iraq poses an unquestionable and near-term threat to the
peace and security of the United States and our allies abroad.
We can not allow those who wish harm on the United States, and have
the propensity to deliver that harm, to acquire weapons of terror and
mass destruction. Inaction on our part could lead to the massive loss
of innocent lives. The ten-year cat and mouse game Hussein has played
with weapons inspectors must come to an end. There is too much at
stake, and time is rapidly dwindling.
I believe it is in the national security interest of the United
States to prevent Saddam Hussein from obtaining a nuclear weapon and to
prosecute the war on terrorism, including Iraq's support for
international terrorist groups.
President Bush must continue his efforts to get support from the
United Nations Security Council and must exhaust all reasonable
diplomatic options available in hopes of avoiding war. However, if
Saddam Hussein and the Iraqi regime continue to rebuff the
international community and threaten the peace and security of the
United States, we must take swift and decisive action. To do anything
less would be immoral and irresponsible.
Mr. Speaker, I support this resolution and urge my colleagues on both
sides of the isle to do the same.
Mr. ISSA. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Shuster). Pursuant to section 3 of House
Resolution 574, the Chair postpones further consideration of the joint
resolution until the legislative day of Thursday, October 10, 2002.
____________________