Tuesday, July 20, 2004

impeach bush, the war criminal

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  • The missing point to all the controversy over uranium from Niger, WMD, etc., is that bush could not legally go to war even if all those elements were present.  First, under the UN Charter, you get to go to war under three circumstances: if your nation is under imminent threat of attack, if you or an ally of yours is attacked, or if the Security Council decides to intercede to prevent or limit a humanitarian crisis.  So regardless of whether WMDs are found, bush is arguably guilty of the war crime of prosecuting a war of aggression.  (Remember that most of the Japanese war criminals convicted after WWII were convicted of this crime rather than other atrocities.)
     
    Also, and I think this is the most politically pertinent aspect of the situation in an election year, the president broke the law by not following the requirements of the law Congress passed regarding the use of force in Iraq.  Congress, in its resolution, required that the president make two formal findings of fact in a determination and present them to Congress either before hostilities began or within 48 hours after they began.  A finding of fact is a legal term of art that means one can make an inference of a fact given stated evidence.  The two findings required are a) hostilities can begin only after all diplomatic solutions to the problem (the existence of WMDs in a threatening form) have been exhausted, and b) military action can only be undertaken as part of the war on terrorists, including being a response to 9/11.  These are specific requirements that bush simply finessed by stating the requirements, word for word, as conclusive findings of fact.  This is in no way adequate.  He did not provide ANY evidentiary basis for these findings.  This is like asking your parents to borrow the car if you promise to do your homework beforehand.  As they hand you the keys, you tell them you did so, knowing that you didn’t.  This is nothing more than a lie, and in the president’s case, it is an impeachable offense.  We know this from historical analysis; lying to Congress about matters of war was mentioned as an impeachable offense by the founders and also by members of Congress investigating Nixon’s illegal 14-month campaign of bombing Cambodia.


    1 Comments:

    Blogger Mac said...

    All true, certainly. But again, my point was that although I agree there should be much scrutiny on bush's and his minions's mendacity regarding the evidence in the lead up to war, even if all the claims he made were true, it did not rise to the level required to go to war.

    8:21 AM  

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