Tuesday, February 18, 2020

Comment on Brian Dunn's "What Shall Phase IX in Iraq Look Like?"

PREFACE: Brian Dunn is a national security analyst who blogs at The Dignified Rant. I commented critically on his benchmark 04FEB20 post, What Shall Phase IX in Iraq Look Like?. My related advice to Joanne Munisteri and Adad Shmuel in response to their 27JAN20 Small Wars Journal article, Iraq: Time for A Different Approach, recommendation to Michael Knights in response to his 05JAN20 Politico article, How Soleimani’s Killing Could Make a Stronger Iraq, and advice to Will Roberts in response to his 16FEB24 Providence article, The Road to Deterring Iran Goes Through Iraq, are additionally included.



from: [Eric LC]
to: [Brian Dunn]
date: Feb 18, 2020, 5:44 PM
subject: Comment on "What Shall Phase IX in Iraq Look Like?"

Brian,

This critical comment responds to your 04FEB20 post, What Shall Phase IX in Iraq Look Like?. ...

Brian:
How shall we win the current phase--the ninth--in the Iraq War? Will it be a military or societal main effort?

You quote 27OCT19 [27JAN20] Small Wars Journal article, Iraq: Time for A Different Approach, to describe a "societal main effort" as "[h]umanitarian programs in the fields of education, health and job skill training" that are American supplied and Iraqi run "without the use of outside military and civilian contractors". Ms. Munisteri and Mr. Shmuel implicitly reject US military or commensurate alternative management of the humanitarian effort on the ground.

I agree with you and them that society-transforming humanitarian programs are urgently needed in Iraq. It's a good idea. It's the right idea.

However, it's not a novel idea. Therein, your "military or societal" framing is problematic.

Years before Operation Iraqi Freedom, long before we were able to learn the full extent that the Saddam regime corrupted Iraqi society and traumatized the Iraqi people, the international community understood Iraq required extensive humanitarian aid to recover from Saddam's rule.

Accordingly, at the same time and on the same track per UNSCR 688, the US law and policy on Iraq developed a core humanitarian component. The Iraq intervention was formulated with the core humanitarian component, which was the primary focus throughout the OIF peace operations. OIF's security component served the humanitarian component to the degree that initially the humanitarian component was conflated with the security component.

In OIF, we learned that the Saddam-corrupted Iraqi civil infrastructure was unable to take on the multi-thread humanitarian effort. We also learned that US, other-nation, international (which is to say, UN), and NGO civilian-led humanitarian aid was insufficient, and markedly vulnerable and fragile versus the terrorists, when separate from the US military.

We learned the hard way that ultimately the only organization that could viably manage both the core humanitarian component and security component of nation-building Iraq was the US military. The OIF peace operations adjusted and proved to work before they were ended.

We learned in Iraq that an effectual humanitarian "societal main effort" and "military...main effort" are one and the same.

Yet despite the lessons we learned with hard costly experience, Munisteri and Shmuel advocate for Iraq to now take on the urgently needed comprehensive multi-thread humanitarian effort sans US military or commensurate alternative management on the ground. Despite that, as you point out, Iraq's civil infrastructure falls far short of the Roosevelt administration that managed the WPA program in their analogy.

If Iraq's progression had not been degenerated by President Obama's deviation, then the option of an Iraqi "societal main effort" sans US military or commensurate alternative management on the ground likely would be realistic by now.

As is, I doubt that Iraq in its current condition is able to carry out their recommendation. Based on lessons learned, Iraq's current condition, and the peace-building tools available, the US military strikes me as indivisible from a viable "societal main effort": A sufficient nation-building multi-thread "societal main effort" with Iraq is necessarily at least enabled by the backing of the US military, à la OIF's initial post-war plan, and quite likely needs to be managed again by the US military.

Leaving the Iraqis to sink or swim with arms-length US supply strikes me as deliberately repeating President Obama's errors, which Mi[u]nisteri and Shmuel speciously conflate with Presidents Clinton and Bush's Iraq enforcement.

Alternatively, if there were a sufficient, like-minded, reliable US non-military, other-nation, or international organization that could manage the multi-thread nation-building needed for Iraq, then I would support that non-existent organization taking the lead on the ground, so the US military could be left to notional warfighting and other preferred missions.

Like the CIA was built from the OSS of WW2, a sufficient alternative peace-building capability could have been built from the COIN of OIF. In fact, a commensurate non-military "surge" was promised to Iraq to pave the way for the 2011 military withdrawal. But the US reneged, and no peace-building alternative has been developed by the Obama and Trump administrations.

Further development of peace-building policy and capability, either military or alternatively based, has been curtailed by the politics of the prevailing inimical narrative of the Iraq intervention. Mi[u]nisteri and Shmuel are not helpful in that regard.

The reality is that the US military is the only organization in the world proven capable of effectually managing the humanitarian multi-thread "societal main effort" that you, I, and they recognize is urgently needed in Iraq.


Brian:
Phase VII went from May 2008 through December 2013.

The Iraq intervention did not progress through "Phase VII" from 2008 to 2013. Obama's deviation with Iraq during that period broke from Phase VII.

Correctly diagnosing the inflection point as a path progression or path deviation is essential to prescribe the correct political and policy solution. Misinterpreting a path deviation as a path progression causes the assumption of premises that are no longer operative and the overlooking of current operative premises. More on that below.

Your description of Phase VII matches our continuing post-WW2 strategic partnerships in Europe and Asia, whose progress have been based on and enabled by constant US military posture. It mismatches Obama's deviation with Iraq that interrupted the US military posture at a pivotal point, contravened the US-Iraq Strategic Framework Agreement, and crippled Iraq's progress.

In a critical window, President Obama prematurely removed the vital peace operations with Iraq, appeased Iran, reneged his pledges to the Arab Spring protests, and surrendered the "red line" with Syria, all of which emboldened and enabled the terrorists, Assad, and his allies. Obama denied Iraq when it first invoked the SFA to request US assistance, when Phase VII could have been readily recovered from the 2011 error. Instead, Obama returned US forces to Iraq too late and too limited to either save Iraq's surge-and-Sahwa progress, cut off the ISIS invasion, or deter the concomitant Iranian intervention.


Brian:
Phase VIII was the rise of ISIL in Iraq and our re-intervention to defeat the Islamic State caliphate in September 2014, what I have called Iraq War 2.0. ... The liberation of Mosul by June 2017 when the ISIL defenses were broken signaled the end of Phase VIII and the beginning of a new defense of what we achieved.

While there is a conjunction, counterterrorism is different than war.

We did belatedly return to Iraq per the SFA from OIF. However, "Iraq War 2.0" is a misleading label because the "2.0" parameters are defined by counterterrorism in conscious contrast to the inclusive parameters of the Gulf War ceasefire compliance enforcement — the Iraq half of the Clinton dual-containment framework — that defined 'Iraq War 1.0'.

Again, misinterpreting a path deviation as a path progression obfuscates the current operative premises.

Your characterization of "Iraq War 2.0" assumes a progressive frame that carries forward the OIF parameters from the Clinton dual-containment framework, which covers the nation-building of Iraq after Saddam. However, the mission parameters assumed by your advocacy are not now operative. President Obama broke from the Clinton dual-containment framework, and President Trump has not restored the 'Iraq War 1.0' parameters.

In order to effectually pursue the tactical adjustment you advocate, we need to pursue a policy restoration of the OIF parameters. In order to effectually pursue a policy restoration of the OIF parameters, we need to pursue a political correction of the prevailing inimical narrative of the Iraq intervention. Until the politics of Iraq are corrected and the OIF parameters are restored, your advocacy for Iraq is a non-starter.


Brian:
So call it Phase IX to defeat Iran in Iraq since July 2017.
... What we are doing is not working.
The question is, should American tactics shift--again--to deal with the new threats that the tactics appropriate for the last phase no longer no longer work for the existing threat and the fragmentation of Iraqi governance into virtual fiefdoms based on tribes, militias, and political parties:
... I'm open to something like this in pursuit of new tactics appropriate for the new phase of war we are facing in Iraq.

Based on the proven tactics with Iraq, your question is easy to answer: Phase IX should derive from Phase VI.

We know when and how what the US was doing with Iraq was working. And we know when and how we deviated from that which was working with Iraq. The practical solution is already developed and proven, notwithstanding that if and when the proven tactics from Phase VI are retrieved off the shelf, they will need to be adapted to and updated for the current situation.

The "pursuit of new tactics appropriate for the new phase of war" is best begun by setting the benchmark at when and how what we were doing with Iraq was evidently working to achieve the policy objectives in line with the Clinton dual-containment framework that you advocate: OIF, 2008. Upon that constructive baseline, diagnose the disease of the Obama deviation with Iraq. That diagnosis informs the prescription of working back through Obama's deviation and restoring the proven "new tactics" from 2008, updated for the current situation.


Brian:
Work the problem.

Yes. My follow-up question to your question is, given Iraq's current situation (conditions), what needs to be done politically, policy-wise, and practically in order to abjure Obama's deviation and reset the necessary constructive baseline (task) by restoring the US-Iraq strategic partnership to its 2008 condition (standard)?

We clearly advocate the same goal for Iraq, but perhaps our views differ on the tactics to achieve it.

In any case, first things first: Whatever our differences at the practical step, there's no difference for what's needed to work the problem at the preceding political and policy steps.

The foundational step towards our goal for Iraq is upholding the Iraq intervention for the public by clarifying the origin story — the basic justification — which reframes and revaluates everything else. Or else, as long as OIF's justification is not upheld in the politics, your advocacy will be discredited at go, hawking the fruit of a poisoned tree. Again, Munisteri and Shmuel are not helpful in that regard.

The practical step of fixing our tactics with Iraq follows the policy step of fixing the parameters, which follows the political step of fixing the premises. Fixing the politics of Iraq establishes the necessary foundation and frame to fix our Iraq policy, which sets the necessary stage to fix our tactics with Iraq.

At the same time, upholding the Iraq intervention, discrediting Obama's deviation, and restoring the OIF parameters aren't just vital for correcting our politics, policy, and tactics. They are also essential for the coalition following America and the Iraqis.

The OIF peace ops that stood up a strategic partner in Iraq are of a kind with our WW2 peace ops, i.e., the baseline precedent for American leadership of the free world, which speaks to the radical character of Obama's deviation with Iraq.

President Obama fecklessly discarded the vital Iraqi trust in American leadership that had been resolutely hard-earned under President Bush. In the wake of Obama's cold-blooded betrayal of the US-Iraq partnership in the face of the SFA and the blood and treasure — American, Iraqi, and other allied — that informed the SFA, why should Iraq trust partnership with America again?

Similarly, in the wake of Obama's deviation, why should our other coalition partners follow such evidently irresponsible American leadership on Iraq past the self-conscious limitations of counterterrorism?

What evidence has President Trump, or any of our other prospective Commanders in Chief for that matter, shown that the American president will revive President Bush's principled resolute leadership on Iraq?

Iranian intervention is bad for Iraq. But at least Iran can be counted on not to do to Iraq what we did to Iraq with Obama's deviation from Phase VII. Rebuilding the Iraqi trust in America needed for Phase IX and beyond requires substantial political, policy, and practical proof. We can't assume any of it.

As you say, work the problem. That doesn't begin with tactics.



PREFACE: Joanne Munisteri is an independent specialist, researcher and educator who has worked for universities, organizations and the US Department of State, DOD, USAID, IREX and private contracting companies. Adad Shmuel is a student in the International Relations department of the Catholic University in Erbil, Iraq. Brian Dunn's benchmark 04FEB20 post is based on their 27JAN20 Small Wars Journal article, Iraq: Time for A Different Approach.

from: [Eric LC]
to: [Joanne Munisteri]
cc: [Dave Dilegge]
date: Mar 10, 2020, 5:11 PM
subject: Your 27JAN20 Small Wars Journal appeal for Iraq is self-defeating

Ms. Munisteri and Mr. Shmuel,

I use the primary source authorities, i.e., the set of controlling law, policy, and precedent and determinative facts that define OIF's justification, at Operation Iraqi Freedom FAQ to clarify the Iraq issue and correct for the prevalent conjecture, distorted context, and misinformation that have obfuscated the Iraq issue.

With that, I am writing you to share my recommendation to national security analyst Brian Dunn in response to his benchmark 04FEB20 post, What Shall Phase IX in Iraq Look Like?. The recommendation applies to your advocacy because Brian's post is based on your 27JAN20 Small Wars Journal article, Iraq: Time for A Different Approach.

Rather than repeat the recommendation here, I suggest reading it at Comment on Brian Dunn's "What Shall Phase IX in Iraq Look Like?["]. My related recommendation to noted Iraq advocate Michael Knights is appended to the post.

In addition, I'll emphasize these points:

Your 27JAN20 Small Wars Journal appeal for Iraq is self-defeating because it follows the otherwise readily correctable distorted, inimical narrative of the Iraq intervention.

Logically, a request to renew American investment in Iraq only works if it is premised upon the understanding that the noncompliant Saddam regime plus its fellow travelers, enablers, and accomplices are the source of the problem, the Iraq intervention is basically justified, and America's commitment to Iraq is the keystone for curing the problem.

Whereas if, as your SWJ article poses, the Iraq intervention is the cause of Iraq's troubles, ill-justified, even malevolent, and a colossal waste of our blood and treasure, then the logical inference is the US (and consequentially our allies) should pull stakes and divest from Iraq with alacrity.

Thus your appeal for Iraq discredits itself by implicitly opposing America's commitment to Iraq. Your blame of the Iraq intervention as the source of the problem and portrayal of American investment in Iraq as futile, even harmful, frames your appeal as an unreasonable request for the US to invest deeper into a gross mistake and exacerbate a monumental wrong.

Clearly, your pitch is a non-starter.

To effectually ground your appeal, you should clarify for the public that the noncompliant Saddam regime plus its fellow travelers, enablers, and accomplices are to blame for the problem, the Iraq intervention is justified as such, and sufficient American commitment to Iraq is the key to cure the problem.

From that basis, an effective request to renew American investment in Iraq requires censure of President Obama's course deviation with Iraq because Obama's deviation degraded America's commitment to Iraq to a patently insufficient level. Clarify that the OIF peace operations, which embody sufficient American commitment to Iraq, were curing the problem before Obama's deviation set back Iraq's progress. The point provides you a critical benchmark that shows American investment in Iraq can cure the problem, which makes your request reasonable, and focuses a solution for the setbacks in your SWJ article that have resulted from Obama's deviation.

In other words, your advocacy is coherent if it designs to remedy Obama's deviation by restoring America's commitment to Iraq and Iraq's concomitant progress to their pre-Obama state. A constructive benchmark is Operation Iraqi Freedom, 2008. Your advocacy is incoherent as long as it effectively opposes a sufficient American commitment to Iraq by misrepresenting the Clinton/Bush Gulf War ceasefire compliance enforcement and conflating it with Obama's deviation.

Your SWJ article hints at an understanding of the pivotal detriment of Obama's deviation, to wit, "For over a decade “civil society” and “capacity building” programs paid for with American dollars have yielded few sustainable results." However, your appeal critically neglects to clarify the Saddam regime's causal fault, the actual (legal-factual) justification of the Iraq intervention therefrom, and Iraq's progress with the OIF peace operations that were curtailed by Obama's deviation.

These references are already linked in the text of my comment to Brian, but they're worth highlighting here to help your appeal:

The OIF FAQ epilogue answer to "Was Operation Iraqi Freedom a strategic blunder or a strategic victory" provides a model for effectually grounding your appeal;
The #unscr688 section of "10 year anniversary of the start of Operation Iraqi Freedom: thoughts" provides a compilation of humanitarian US law and policy on Iraq per UNSCR 688 to recall America's commitment to Iraq;
An irresponsible exit from Iraq provides sources and expository commentary on President Obama's course deviation with Iraq.

First and foremost, review the OIF FAQ base post to lay a proper foundation for understanding and representing the Iraq issue.



PREFACE: Michael Knights is a senior fellow of The Washington Institute. In his 05JAN20 Politico article, How Soleimani’s Killing Could Make a Stronger Iraq, Dr. Knights used the occasion of the killing of Iranian Revolutionary Guard Major General Qassem Soleimani to urge the American-led coalition and Iraqi government to recommit to rehabilitate the Iraqi nation-building project to, in effect, its 2008-2009 condition. Dr. Knights's e-mail in the exchange is omitted.

from: [Eric LC]
to: [Michael Knights]
date: Jan 21, 2020, 5:31 PM
subject: Sanders vs Biden and "How Soleimani’s Killing Could Make a Stronger Iraq" (Politico)

Dr. Knights,

I agree with you that the killing of Qassem Soleimani should not be the limit of nor set the standard for American engagement with Iraq moving forward.

I agree with your advocacy of recommitting the US-led coalition and Iraqi government to rehabilitating the Iraqi nation-building project to, in effect, as described in your Politico article, its 2008-2009 condition.

On the American end, rehabilitating the Iraqi nation-building project to its 2008-2009 condition — which at that would only restore a constructive baseline — requires convincing American leadership and the American people to recommit to Iraq at an Operation Iraqi Freedom level. You are, in effect, calling for America to work back through the missteps and setbacks of this last decade-plus and restoring the Clinton dual-containment framework in its 2008 form, updated for the 2020 situation.

So, what will it take for America to move beyond the limitations of post-OIF anti-ISIS counterterrorism and restore a sufficient, OIF-level commitment to Iraq?

First things first. Senator Sanders and Vice President Biden's exchange on Iraq in last week's Democratic foreign policy debate amply demonstrates that the fundamental step needed for America to recommit to Iraq per your advocacy requires looking back and correcting the popular origin story — the basic justification — of the Iraq intervention. Operation Iraqi Freedom must be upheld in the politics: Only upon such assured footing can America resolutely move forward with Iraq per your advocacy.

My work on the Iraq issue at Operation Iraqi Freedom FAQ is purpose-designed to clarify the Iraq issue and thereby lay the foundation needed to uphold the Iraq intervention in the politics. For example, see the OIF FAQ epilogue answer to "Was Operation Iraqi Freedom a strategic blunder or a strategic victory".



PREFACE: Will Roberts is a Government Relations Associate at In Defense of Christians.

from: [Eric LC]
to: [James Diddams], info@indefenseofchristians.org
cc: [Marc LiVecche]
date: Mar 15, 2024, 7:43 AM
subject: Advice to Will Roberts for "The Road to Deterring Iran Goes Through Iraq"

To Will Roberts in care of Providence Magazine and In Defense of Christians,

I clarify the Iraq issue at Operation Iraqi Freedom FAQ by realigning the Iraq issue with its primary sources to correct the faulty premises and historical distortion from experts that have obfuscated the Iraq issue.

I am writing to you with advice in response to your 16FEB24 Providence article, The Road to Deterring Iran Goes Through Iraq. I also tweeted the advice in a short thread to @ProvMagazine and @indefchristians.

Actualizing your argument, "Only through robust American and international engagement can Iran’s malign influence over the Near East be countered, and that’s only possible with an American military presence in Iraq," first requires conducively reframing the policy discourse on Iraq with these operative premises:
  1. The American and British-led intervention with Iraq pursuant to UNSCR 678 has always been fundamentally justified and an essential corrective;
  2. By the same token, the actors who delegitimate and undermine the Iraq intervention have always depended on a false narrative;
  3. The US-Iraq Strategic Framework Agreement;
  4. President Obama's exit (preceded by Prime Minister Brown's exit) from Iraq was an inhumane and irresponsible course deviation that contravened the US-Iraq SFA and resulted in a still-compounding strategic blunder that needs to be corrected;
  5. A constructive model standard for the American military in Iraq based on what we know worked.
I recommend national security analyst Brian Dunn's discussion of What Shall Phase IX in Iraq Look Like?, which shares your advocacy, and my Comment on Brian Dunn's "What Shall Phase IX in Iraq Look Like?", which responds to Brian's analysis with a discussion of these premises.

I emphasize to you, as I did with Brian and Frank Sobchak, that you must establish the foundational premise that, in essence, President Bush and Prime Minister Blair were right on Iraq in the first place, and President Obama and Prime Minister Brown were wrong to deviate from their predecessors on Iraq. As long as the policy discourse on Iraq is missing that premise, your advocacy is hamstrung and doomed to fail.


#festeringsaddamknowableprice

PREFACE: Brian Dunn reiterates his "Phase IX" advocacy for greater US engagement with Iraq that's sufficient to stand up Iraq as a strategic partner in the region. However, because Brian did not clarify why "We paid a higher price than I would like to win in Iraq" and why "the price we could have paid had we left Saddam or his spawn in charge is unknowable" (note, Brian meant 'unknowably high', not "unknowable"), he did not substantiate his basic hypothesis that OIF is a justified "noble sacrifice" that's worthy to "not throw...away by letting enemies--either Iran's mullahs or Sunni jihadis--win in Iraq". The problem is the unsubstantiated premise of Brian's argument assumptively defaults the public to the prevailing premise of the Iraq Syndrome, which enables the predominant 'lessons' of the Iraq Syndrome to keep sabotaging his "Phase IX" advocacy. Here I model dialectical material to fill the basic hole in Brian's argument.

from: [Eric LC]
to: [Brian Dunn]
date: Sep 5, 2025, 5:36 PM
subject: I disagree "the price we could have paid had we left Saddam or his spawn in charge is unknowable"

Brian,

To open https://thedignifiedrant.blogspot.com/2025/08/america-should-stay-in-iraq.html, you say, "We paid a higher price than I would like to win in Iraq (although the price we could have paid had we left Saddam or his spawn in charge is unknowable)."

I disagree. The "price we could have paid had we left Saddam or his spawn in charge" is knowable, if not precisely predictable, in terms of Saddam's threat and peace operations with Iraq.

The reason that "price" is knowable coincides with a specious 'lesson' versus a constructive lesson of Iraq: The specious 'lesson' is unrealistic (and ahistorical) preemptive or prophylactic pre-war planning, which depends on abnormal perfect knowledge, versus the constructive lesson of normal competitive adjustment to usually imperfect knowledge and an enemy exploiting it, such as the COIN "surge".

In terms of the peace operations with Iraq, the initial post-war plan was state of the art for 2002. The problem is it was based on a conception of Iraq that was valid in the early 1990s and still prevalent leading into OIF, but we didn't know it was obsolete by 2003. The reason "We paid a higher price than I would like to win in Iraq" is that, as we now know, the conditions of Saddam's Iraq that particularly raised the "price"—the Saddam regime's world-leading terrorist capability and terrorist governance, which converted to the Saddamist insurgency, and radical sectarianism and overall human rights abuses corroding and corrupting Iraqi society, which the Saddamist insurgency exploited—had greatly festered since 1991 outside of our knowledge. (Notice the experts who to this day ignorantly assert the Saddam regime was secular, anti-terrorist, etc. in order to blame OIF for causing the insurgency and degraded condition of Iraqi society which were actually Saddamist products. The Iraq intervention was the needed cure for them, not the cause.)

The key to knowing the "price we could have paid had we left Saddam or his spawn in charge" is appreciation of the growing gap between the festering condition of Saddam's Iraq, which we found to be "far worse" (UN Special Rapporteur on Iraq, 18MAR04) than we thought, and the post-war planning that was based on a prevalent conception of Iraq that we didn't know was obsolete. As with any festering problem, the "price we could have paid had we left Saddam or his spawn in charge" would not have shrunk by itself. The "price" gap would have continued growing outside of our knowledge as long as "we left Saddam or his spawn in charge".

Simply consider the fatal flaw in the initial post-war plan, i.e., the severe underestimation of Saddam's terrorism that constituted the insurgency that exploited the gap. The Iraqi Perspectives Project found that Saddam reacted to Operation Desert Storm by prioritizing terrorism for investment and strategy. Yet prior to OIF, counterterrorism officials weren't close to predicting the extent of Saddam's terrorism, which caused the coalition to be caught off guard by the Saddamist insurgency ambush and misdiagnose it. Apt excerpt from https://operationiraqifreedomfaq.blogspot.com/2025/03/review-of-council-on-foreign-relations-panel-lessons-from-history-series-the-us-invasion-of-iraq-twenty-years-later.html:

Professor Leffler is incorrect that "American policymakers seemed to think that Iraqis cared more about freedom and democracy than they cared about order, and stability, and security of their personal lives". It wasn't either/or. The theory of the initial post-war plan was that liberal pluralistic political reform would defuse sectarian flashpoints and spread civic ownership stakes in post-Saddam Iraq, and that would lay the foundation for a population-based order and stability that could do away with foreign peacekeepers sooner rather than later. Knowing what we know now, the fatal flaw in the theory is that it was designed to prevent an insurgency from materializing from the normal Iraqi populace, but it did nothing to counteract the ready insurgency that Saddam and his army of terrorists pre-assembled before the occupation.

A reason that the CPA and coalition forces struggled to achieve order, stability, and security is peacemaking efforts were focused on the normal Iraqi populace when the disorder, instability, and insecurity were being generated by the Saddamist insurgency, not the normal Iraqi populace. The relatively rapid success of the COIN "surge" and Sahwa "awakening" exposed the divide between the Saddamist insurgency and normal Iraqi populace. Yet even today, many experts erroneously assert that the insurgency was an organic reaction by normal Iraqis to negligent planning, incompetent occupation, or de-Baathification. In fact, the insurgency was a distinct campaign by Saddam and his army of terrorists that was organized before the occupation.

As far as "the price we could have paid had we left Saddam or his spawn in charge" in terms of Saddam's threat as it was officially evaluated by the Gulf War ceasefire "governing standard of Iraqi compliance" (UNSCR 1441)—“Iraq's noncompliance with United Nations Security Council Resolution 687 [and 688] constitutes a continuing threat to the peace, security, and stability of the Persian Gulf region” (Public Law 102-190)—, we now know that Saddam's manifold threat was practically uncontained, underestimated, and growing.

The post-Operation Desert Fox ad hoc sanctions-based 'containment', the pre-OIF status quo, was not real: "From 1999 until he was deposed in April 2003, Saddam’s conventional weapons and WMD-related procurement programs steadily grew in scale, variety, and efficiency" (ISG). Before the Bush presidency, 9/11, the 2002 AUMF, and the Iraq Survey Group's confirmation that Saddam had defeated the sanctions, the 22MAR00 Senate Committee on Foreign Relations hearing on Iraq shows Congress recognized with deep alarm that the sanctions-based 'containment' of Iraq wasn't real.

UN mandate as well as US law defined Saddam's threat as Iraq's noncompliance, "Recognizing the threat Iraq’s non-compliance with Council resolutions and proliferation of weapons of mass destruction and long-range missiles poses to international peace and security" (UNSCR 1441). Under the "governing standard of Iraqi compliance" (UNSCR 1441), Iraq was obligated to prove Iraq's "peaceful intentions" (UNSCR 687) with the mandated compliance with the purpose-designed Gulf War ceasefire terms in order to rehabilitate the threatening intentions that Saddam established with the Gulf War. Instead, Iraq's noncompliance is confirmed across the board, and ISG confirmed "the Iraqis never intended to meet the spirit of the UNSC’s resolutions". So Saddam's Gulf War-established threatening intentions continue to stand.

A reconstituting WMD program in violation of UNSCR 687 is confirmed with a floor of covert ready terrorism-level capability and ready capacity to scale up. Although UNMOVIC, the Iraq Survey Group, and Operation Avarice found plenty of UNSCR 687 WMD violations, the evidence found in hand was just the scraps left behind by Iraq's systematic "denial and deception operations" (ISG), which carried on even after the invasion. Thus, we can't know the extent that Iraq retained and reconstituted Saddam's WMD above the floor due to the "unparalleled looting and destruction, a lot of which was directly intentional, designed by the security services to cover the tracks of the Iraq WMD program and their other programs as well" (David Kay, 28JAN04). However, the "unparalleled" (Kay) degree of "sanitized" (ISG) evidence strongly suggests that at the point of Iraq's "final opportunity to comply with its disarmament obligations" (UNSCR 1441), Saddam's WMD program was substantially vaster than we can know.

A substantially underestimated "regional and global terrorism, including a variety of revolutionary, liberation, nationalist, and Islamic terrorist organizations" (IPP) capability in violation of UNSCR 687 (and UNSCR 949) is confirmed. Saddam's greater terrorist threat included the growth of the al Qaeda threat as Saddam and bin Laden’s respective “terror cartel[s]” “increased the aggregate terror threat” by “seeking and developing supporters from the same demographic pool” (IPP). Yet, while IPP found plenty of UNSCR 687 terrorism violations and the Saddamist terrorist insurgency itself is a strong indicator, we can't know the extent of Saddam's terrorism since, per IPP, much of that evidence was "sanitized" (ISG) like the WMD evidence.

Substantially underestimated human rights abuses by the Saddam regime in violation of UNSCR 688 are confirmed, which were a codified threat per UNSCR 688 and the US law that enforced UNSCR 688. UNCHR and IPP found that the Saddam regime governed with terrorism in violation of UNSCRs 687 and 688, the forerunner roots of ISIS. The Saddam regime's consequent corrosion and corruption of Iraqi society raised the "price" of the OIF reconstruction and stabilization operations.

There were two ways to reduce the "price...to win in Iraq". The first way was the Saddam regime proving compliance with the UNSCR 660 series, Gulf War ceasefire terms pursuant to UNSCR 678, but again, "the Iraqis never intended to meet the spirit of the UNSC’s resolutions" (ISG). The second way was an earlier Iraqi regime change in order to disallow or minimize the Saddam problem festering, either with Operation Desert Storm or as soon as Iraq demonstrated that Saddam would not comply with the Gulf War ceasefire terms.

As it happened, "We paid a higher price than I would like to win in Iraq" because the UNSCR 678 enforcers chose to hold out for Saddam's volitional compliance with "Our view, which is unshakable, is that Iraq must prove its peaceful intentions. It can only do that by complying with all of the Security Council resolutions to which it is subject" (Secretary of State Albright, 26MAR97) for 12 years, despite that continuously from the start, "the evidence is overwhelming that Saddam Hussein's intentions will never be peaceful" (Albright, ibid.). The 12-year procrastination by the UNSCR 678 enforcers allowed the Saddam problem to metastasize to what we found in 2003 Iraq and concomitantly raise the "price" of solving it.

We now know that "the price we could have paid had we left Saddam or his spawn in charge", both in terms of Saddam's threat and the peace operations, was growing as the codified threat of Iraq's Gulf War ceasefire violations continually worsened all the while we held out for the Saddam regime to prove the mandated compliance that was never coming. Apt excerpt from https://operationiraqifreedomfaq.blogspot.com/2025/03/review-linda-robinson-the-long-shadow-of-the-iraq-war-lessons-and-legacies-twenty-years-later.html:

Robinson:
Senior regional experts warned of the perfect storm [PDF] that could ensue if Saddam were toppled, and of the massive years-long reconstruction project that would be required to restore stability.

Worrying about "the perfect storm that could ensue" when confronting a growing problem is a normal and useful exercise. But sooner or later, action towards solving that problem must happen. The solution needs to start somewhere. From there, setbacks and adjustments are normal. Otherwise, the problem will keep worsening, and what could have solved the problem yesterday won't be enough today and will be less adequate tomorrow. That's how an initial post-war plan that likely would have worked for an early-1990s, or even mid-1990s, Iraq proved insufficient in 2003. That's how the Powell Doctrine becomes a self-fulfilling prophesy.

As far as "the massive years-long reconstruction project that would be required to restore stability", that's not new for the American leader of the free world. There's a reason US forces have been stationed in Germany, Japan, and Korea since World War Two. The United States has understood that securing the long-term peace is necessary to win the short-term war, hence the Gulf War ceasefire.

The references at "perfect storm" and "years-long reconstruction project" help illustrate that the noncompliant-Saddam problem was growing worse. Concomitantly, the cost and difficulty of the "reconstruction project" with post-Saddam Iraq was growing as long as the noncompliant-Saddam problem was allowed to fester.

So while Ms. Robinson is correct that in 2003 the Iraqi regime change was costly and difficult, at the same time, nation-building post-Saddam Iraq was as cheap and easy as it ever was going to be moving forward. It would have been cheaper and easier in 1991 when the Powell Doctrine held back President HW Bush as the Iraqis who answered his call to revolt were slaughtered. Or in 1998 when Congress made Iraqi regime change the law to join the executive policy, but then ODF confirmed to Saddam that America was a paper tiger.

President HW Bush, President Clinton, and Congress all held up Iraqi regime change as the solution to the noncompliant-Saddam problem. Yet they kicked the can down the road as the problem festered until some successor was compelled to fix it. That successor turned out to be President Bush.

The "price we could have paid had we left Saddam or his spawn in charge" is knowable, if not precisely predictable.

Saturday, October 5, 2019

Regarding Germany's opposition to the US on Iraq in Matthew Karnitschnig's "The end of the German-American affair"

PREFACE: Matthew Karnitschnig is POLITICO’s chief Europe correspondent, based in Berlin. I responded to Mr. Karnitschnig's 24SEP19 Politico.eu article, The end of the German-American affair, regarding his characterization of German Chancellor Schröder's opposition to the American and British-led Gulf War ceasefire compliance enforcement as "prescient" and "a wound that has never fully healed". Mr. Karnitschnig didn't respond to my e-mail, so I don't know whether he's read it.



from: [Eric LC]
to: [Matthew Karnitschnig]
date: Oct 5, 2019, 1:59 PM
subject: Regarding Germany's opposition to the US on Iraq in "The end of the German-American affair" (Politico.eu)

Mr. Karnitschnig,

I use the primary source authorities, i.e., the set of controlling law, policy, and precedent and determinative facts that define OIF's justification, at Operation Iraqi Freedom FAQ to clarify the Iraq issue and correct for the prevalent conjecture, distorted context, and misinformation that have obfuscated the Iraq issue.

With that, I am writing you regarding this statement in your 24SEP19 Politico.eu article, The end of the German-American affair:
Berlin refused to participate in the Iraq War, arguing there wasn’t enough evidence to support claims that Saddam Hussein had stockpiles of weapons of mass destruction.

While Germany’s decision under then-Chancellor Gerhard Schröder proved to be prescient, it also left a wound that has never fully healed.

Actually, Chancellor Schröder was wrong on Iraq. President Bush and Prime Minister Blair's decision on Iraq was demonstrably correct: the case against Saddam is substantiated.

Worse, Germany was instrumental in Saddam's choice to cause the Iraq War.

By procedure, only Iraq’s noncompliance with its Gulf War ceasefire-mandated obligations could trigger the credible threat to bring Iraq into its mandated compliance via regime change, which capacitated Iraq's "final opportunity to comply" (UNSCR 1441). Only "full and immediate compliance by Iraq without conditions or restrictions with its obligations under resolution 687 (1991) and other relevant resolutions" (UNSCR 1441) could switch off the enforcement threat. Yet German complicity with the Saddam regime's "continued violations of its obligations" (UNSCR 1441) and opposition to the necessary threat that capacitated Iraq's "final opportunity to comply" (UNSCR 1441) influenced Saddam to choose "material breach" (UNSCR 1441) of the Gulf War ceasefire, i.e., casus belli:
At the decision point for OIF, the Saddam regime was evidentially in material breach across the board of the Gulf War ceasefire terms. The principal cause for OIF was Iraq's failure to comply and disarm as mandated with the UNSCR 1441 inspections. In Saddam's "final opportunity to comply" with "full and immediate compliance by Iraq without conditions or restrictions with its obligations" (UNSCR 1441), Iraq's "material breach" (UNSCR 1441) of the Gulf War ceasefire WMD mandates was established by UNSCOM, decided by the UN Security Council, [and] confirmed by UNMOVIC to trigger the decision for OIF[.]
The German argument that "there wasn’t enough evidence to support claims that Saddam Hussein had stockpiles of weapons of mass destruction" is based on a fundamental false premise. In the Gulf War ceasefire disarmament process, there was no burden on the Gulf War ceasefire enforcers to demonstrate Saddam's WMD. Saddam's proscribed armament, including WMD stockpiles, was established fact upon which the burden was on Iraq to prove it disarmed in accordance with UNSCRs 687 and 1441. By procedure, casus belli was established when UNMOVIC assessed Saddam did not disarm as mandated in Iraq's "final opportunity to comply with its disarmament obligations" (UNSCR 1441). The Iraq Survey Group subsequently corroborated that "ISG judges that Iraq failed to comply with UNSCRs" and "the Iraqis never intended to meet the spirit of the UNSC’s resolutions".

Germany's political campaign to shift the burden of proof away from Iraq proving "full and immediate compliance by Iraq without conditions or restrictions with its obligations under resolution 687 (1991) and other relevant resolutions" (UNSCR 1441) and onto the Gulf War ceasefire enforcers to demonstrate Saddam's WMD is a stratagem that obfuscated the "governing standard of Iraqi compliance" (UNSCR 1441) and operative disarmament procedure for Iraq and covers up the German role in Saddam's violations. Excerpt from the Iraq WMD watchdog, Iraq Watch:
The data reveals that firms in Germany and France outstripped all others in selling the most important thing — specialized chemical-industry equipment that is particularly useful for producing poison gas. Without this equipment, none of the other imports would have been of much use.
Fact findings on German complicity in the Saddam regime's "material breach" (UNSCR 1441) of the Gulf War ceasefire are referenced in the Regime Finance and Procurement section of the Iraq Survey Group report, Iraq's Suppliers at Iraq Watch, and IIC's Report on the Manipulation of the Oil-for-Food Programme.

In addition to the German complicity with Saddam, the Iraqi Perspectives Project assessment of Saddam's "regional and global terrorism" (IPP), which also breached the Gulf War ceasefire, further incriminates Berlin's opposition to Washington and London on Iraq as a betrayal of Germany's obligation to NATO and "a wound that has never fully healed" with "profound implications for the future of NATO and the broader global order". Excerpt:
Under Saddam, the Iraqi regime used its paramilitary Fedayeen Saddam training camps to train terrorists for use inside and outside Iraq. In 1999, the top ten graduates of each Fedayeen Saddam class were specifically chosen for assignment to London, from there to be ready to conduct operations anywhere in Europe.
A Fedayeen Saddam planner outlines the general plan for terrorist operations in the Kurdish areas, Iran, and London, to "His Excellency, Mr. Supervisor" (the title for the head of the Fedayeen Saddam, a position occupied by Uday Hussein, Saddam's oldest son). This memorandum (Extract 1) specifically states that these "trainees" are designated for martyrdom [suicide or suicidal] operations.
... Two other documents present evidence of logistical preparation for terrorist operations in other nations, including those in the West.
The basic steps for Germany to heal the "wound that has never fully healed" are a formal apology and amends to its NATO allies and the international community for undermining and misrepresenting the Gulf War ceasefire compliance enforcement, which should feature substantial aid to Iraq as amends for the German complicity that exacerbated the noncompliant tyrannical Saddam regime.

I hope you find the OIF FAQ and these comments useful. If you have questions about my work, please ask.



Related: Regarding pundits and David Brooks's "Saving the System" and Expanded list of responses to leaders, pundits, and other media.

Thursday, September 12, 2019

Review of Hal Brands and Peter Feaver's "Lessons from the Iraq War"

PREFACE: Hal Brands is the Henry A. Kissinger Distinguished Professor of Global Affairs at the Johns Hopkins School of Advanced International Studies and a scholar at the American Enterprise Institute. Peter Feaver is a professor of political science and public policy and the director of the Program in American Grand Strategy at Duke University. I reviewed their 20JUN19 National Review article, Lessons from the Iraq War, with a focus on the legal-factual aspect. Their advocacy of clarifying the Iraq issue for the public is crucial and urgent. But their argument defeats itself by upholding otherwise rebuttable key premises of the inimical narrative they purport to solve. My task tip to Professor Brands for "What Democrats Need to Admit about Iraq"and 3 pieces of counsel to Professor Brands and Professor Feaver are additionally included. Professors Brands and Feaver's e-mails in our respective exchanges are omitted.



from: [Eric LC]
to: [Hal Brands], [Peter Feaver]
cc: [David French]
date: Sep 12, 2019, 6:30 PM
subject: Review of "Lessons from the Iraq War" (National Review) with a focus on the legal-factual aspect

Professor Brands and Professor Feaver,

I share your concern that "the prevailing debate [about the Iraq War] distorts the historical record and harms American foreign policy". I agree "the stakes are too high to let polemical, politicized, or problematic arguments about the Iraq War...contaminate the public debate". I also believe that "getting the Iraq story right is not simply a matter of historical accuracy; it is a matter of national security today and in the future".

To meet that purpose, I marshal the primary source authorities, i.e., the set of controlling law, policy, and precedent and determinative facts that define OIF's justification, at Operation Iraqi Freedom FAQ to clarify the Iraq issue and correct for the prevalent conjecture, distorted context, and misinformation that have obfuscated the Iraq issue. In particular, the eponymous OIF FAQ post synthesizes the primary sources into a coherent narrative form that is purpose-designed to lay a proper foundation and provide a study guide for the Iraq issue. A main theme of the OIF FAQ is the Clinton-to-Bush continuity in the Gulf War ceasefire compliance enforcement, which makes it well-suited for "What Democrats Need to Admit about Iraq".

With that, I am writing you to review your 20JUN19 National Review article, Lessons from the Iraq War, with a focus on the legal-factual aspect. While my review does not focus on the strategic aspect, strategy serves law and policy. Therefore, a correct understanding of the law and policy is necessary to judge whether "the war was a strategic mistake" or whether OIF rightly upheld the law and policy on Iraq.

Having said that, my opening comment is about strategy:

Brands, Feaver:
Understanding the limits of U.S. power and the dangers inherent in major military interventions — something that supporters of the war failed to do — is a prerequisite to keeping America engaged and effective in a world where new dangers abound.
... Vietnam haunted U.S. foreign policy for decades and arguably still casts its shadow to this day.

See the #americanprimacy section of "10 year anniversary of the start of Operation Iraqi Freedom: thoughts".

The wider importance of the Iraq issue boils down to elementary political science: American leadership since World War 2 has been based on deterrence sufficient to effect compliance. Deterrence sufficient to effect compliance is based on the credible threat and use of force.

At the dawn of the post-Cold War era, the US-led enforcement of Iraq's compliance with the UNSCR 660 series in the Gulf War set the baseline for the liberal international order. The subsequent US-led enforcement of Iraq's compliance with the purpose-designed Gulf War ceasefire threat-resolution measures was tantamount to the primary credibility test of post-Cold War American leadership. Thus, the "intransigence and defiance of the Iraqi regime" (Bush, 18MAR03) eroded the credibility of American leadership on the international stage as the HW Bush and Clinton administrations persistently failed to bring Iraq into its mandated compliance.

The prescription for "keeping America engaged and effective in a world where new dangers abound" is found by answering why Saddam chose "material breach" (UNSCR 1441) when he could and should have switched off the US-led enforcement at any time over the intervening decade-plus by simply fulfilling the Gulf War ceasefire conditions that Iraq had accepted in 1991. Instead, Saddam disdained American leadership enough to breach through Iraq's "final opportunity to comply" (UNSCR 1441).

"Understanding the limits of U.S. power" lays out two paths: Either accept limits of U.S. power that fall short of real competitive American leadership of the free world. Or, work to expand those limits until they are sure and strong enough to truly champion pax Americana.

America's choice following the Iraq War is essentially the same choice we faced following the Korean War. As inflection points of modern American leadership, the Korean War is the analogue of the Iraq War.

If America follows the Iraq War in line with the Korean War precedent, then "lessons from the Iraq War" will set the baseline for upgraded American leadership that's fit to champion pax Americana. The alternative is accepting OIF stigma as the upgraded v2.0 heir to the debilitating Vietnam syndrome.


Brands, Feaver:
There are no two ways about it: The Iraq War was a tragic mistake.

There are no two ways about it: On the law and facts, President Bush's determination on Iraq was correct: the case against Saddam is substantiated.

Basic issue-rule, fact pattern analysis shows the OIF decision was substantively correct on the facts, procedurally correct on law and precedent, and justified on the policy.


Brands, Feaver:
For starters, many members of the anti-war camp are wedded to a false narrative about the origins of the war — a simplistic “Bush lied, people died” myth ...

See the OIF FAQ answer to "Did Bush lie his way to war with Iraq". [Excerpt:
[T]he prevalent myth that Operation Iraqi Freedom was based on a lie relies on a false premise that shifted the burden of proof from Iraq proving it had disarmed in compliance with the UNSC resolutions to the US proving Iraqi possession matched the pre-war intelligence estimates.

In fact, the US as the chief enforcer of the UNSCR 660-series resolutions held no burden of proof in the Gulf War ceasefire enforcement. From the outset of the Gulf War ceasefire, Saddam as the probationary party held the entire burden to prove Iraq was compliant with the "governing standard of Iraqi compliance" (UNSCR 1441) that was necessary to satisfy "the need to be assured of Iraq's peaceful intentions [and] ... to secure peace and security in the area" (UNSCR 687). The question of "Where is Iraq's WMD?" was never for the US and UN to answer; it was always a question Saddam was required to answer according to UNSCR 687 (1991) to prove Iraq had disarmed.

Neither demonstration of Iraqi possession nor the intelligence was an element of the Gulf War ceasefire enforcement, which pivoted solely on whether Iraq proved compliance with the UNSC resolutions. The law and policy of the Gulf War ceasefire plainly show its enforcement was compliance-based and "the resolutions of the Council constitute the governing standard of Iraqi compliance" (UNSCR 1441). The pre-war intelligence was not the governing standard of Iraqi compliance and thus, no matter its predictive precision, did not and could not trigger OIF. By procedure, only Iraq’s noncompliance with its ceasefire obligations could trigger enforcement, and only the "full and immediate compliance by Iraq without conditions or restrictions with its obligations under resolution 687 (1991) and other relevant resolutions" (UNSCR 1441) could switch off the enforcement.
Casus belli in the UNSCR 660-series enforcement — i.e., "the origins of the war" — was ever Iraq's "continued violations of its obligations" (UNSCR 1441), which are confirmed to have been categorical.]


Brands, Feaver:
... the inherent limits of pre-war intelligence ...

See the #intelnotevidence section of "10 year anniversary of the start of Operation Iraqi Freedom: thoughts".


Brands, Feaver:
Some [of the war’s initial critics] were simply unpersuaded that the use of force was the best available option for combating the Iraqi threat.

See the OIF FAQ answer to "Why did resolution of the Saddam problem require a threat of regime change".


Brands, Feaver:
This [Iraq Liberation Act of 1998] was not an authorization for war ...

P.L. 105-338 did not need to be an authorization for the use of military force. P.L. 102-1 was the standing authorization for "the use of all necessary means" (P.L. 102-190) to "bring Iraq into compliance with its international obligations" (P.L. 105-235).

Excerpt from President Clinton's signing statement on P.L. 105-338:
My Administration has pursued, and will continue to pursue, these objectives through active application of all relevant United Nations Security Council resolutions.
The statutory text, “[n]othing in this Act shall be construed to authorize or otherwise speak to the use of United States Armed Forces” (P.L. 105-338), is not a restriction. The Iraq Liberation Act of 1998 belongs to the law and policy enforcing Iraq's mandated compliance, which means "efforts to remove the regime headed by Saddam Hussein from power in Iraq" (P.L. 105-338) were authorized with "the use of all necessary means" (P.L. 102-190) to "bring Iraq into compliance with its international obligations" (P.L. 105-235).


Brands, Feaver:
But the evidence also showed that the administration was right to believe that Saddam was gaming the system, that he was planning a WMD build-up once he got out from under the sanctions (which were rapidly eroding) ...

Saddam was more than "planning a WMD build-up". Reconstitution of Saddam's WMD program was underway.

Excerpt from the OIF FAQ answer to "Why did Bush leave the ‘containment’ (status quo)":
A prevalent assumption in the politics is the ISG finding, "In addition to preserved capability, we have clear evidence of his intent to resume WMD as soon as sanctions were lifted," means Saddam had not undertaken to resume WMD because the UNSC had not yet officially lifted the UNSCR 660-series sanctions. However, ISG reported Saddam's position on the sanctions was "We have said with certainty that the embargo will not be lifted by a Security Council resolution, but will corrode by itself." ISG findings confirm Saddam’s "end-run strategy" was to lift the sanctions by undermining them for "the de facto elimination of sanctions" rather than to lift the sanctions by UNSC decree through compliance with "the formal and open Security Council process". From Saddam's perspective, he was lifting the sanctions long before the 2002-2003 "final opportunity to comply" (UNSCR 1441):
By 2000-2001, Saddam had managed to mitigate many of the effects of sanctions and undermine their international support. Iraq was within striking distance of a de facto end to the sanctions regime, both in terms of oil exports and the trade embargo, by the end of 1999.
... As UN sanctions eroded there was a concomitant expansion of activities that could support full WMD reactivation. [ISG]
In fact, by the time of President Bush's September 2002 speech to the UN General Assembly, Iraq had undertaken conventional and WMD-related armament activity in violation of UNSCR 687 for years. Reconstitution of Saddam's WMD program was underway. The Regime Finance and Procurement section of the Iraq Survey Group Duelfer report details the Saddam regime's nearly completed defeat of the sanctions and 'containment' that was averted with OIF.

Brands, Feaver:
The war was waged on premises that proved to be faulty or false: that the threat posed by Saddam Hussein’s weapons programs was growing and urgent ...
... In hindsight, we now know that the Iraqi threat was not as urgent as the Bush administration claimed in 2002.

In fact, the premise that "the threat posed by Saddam Hussein’s weapons programs was growing and urgent" is confirmed.

The Iraq Survey Group corroborated the pre-war indications that Saddam Hussein's weapons programs were growing. For example, ISG found "From 1999 until he was deposed in April 2003, Saddam’s conventional weapons and WMD-related procurement programs steadily grew in scale, variety, and efficiency."

Whether you believe the threat posed by Saddam's growing weapons programs was "as urgent as the Bush administration claimed in 2002" depends on whether you "[r]ecogniz[e] the threat Iraq’s non-compliance with Council resolutions and proliferation of weapons of mass destruction and long-range missiles poses to international peace and security" (UNSCR 1441).

The politics have obfuscated that the urgency of the distinctive threat posed by "Saddam Hussein's weapons programs", and more so Iraq's unaccounted for armament, was measured according to the Gulf War ceasefire "governing standard of Iraqi compliance" (UNSCR 1441), not a general standard.

The Gulf War ceasefire measures were purpose-designed to resolve the manifold threat that Saddam established with the Gulf War. The de jure and essential threat of Iraq was the noncompliant and unreconstructed Saddam regime, not Iraq's proscribed weapons in and of themselves — albeit the UNSCR 687-mandated disarmament was the principal step of the ceasefire compliance process.

As such, when President Clinton announced Operation Desert Fox, he reminded the international community that the noncompliant Saddam regime's "continuing threat" (P.L. 102-190) was assessed with its own standard.

What did that mean in practice?

[It meant Saddam's distinctive threat was assessed by Iraq's quantifiable noncompliance with the purpose-designed Gulf War ceasefire threat-resolution measures. As Secretary of State Albright recapitulated the basic policy on Iraq, "Our view, which is unshakable, is that Iraq must prove its peaceful intentions. It can only do that by complying with all of the Security Council resolutions to which it is subject. ... And the evidence is overwhelming that Saddam Hussein's intentions will never be peaceful."]

Picture the extraordinary security measures for Hannibal Lecter in The Silence of the Lambs and the distinctive threat of an ordinary pen hidden on his person. In practice, the "governing standard of Iraqi compliance" (UNSCR 1441) meant proscribed items and activities that would be tolerated with other nations held a heightened threat value with noncompliant Iraq. For example, excerpt from the Iraq Survey Group:
The UN deemed Iraq’s accounting of its production and use of BW agent simulants—specifically Bacillus subtilis, Bacillus lichenformis, Bacillus megaterium and Bacillus thuringiensis to be inadequate. ISG remains interested in simulant work because these items may be used not only to simulate the dispersion of BW agents, develop production techniques, and optimize storage conditions, but also the equipment used for their manufacture can also be quickly converted to make BW agent.
...
Iraq also possessed declarable equipment for chemical production, which it had not declared to the UN. ... By cannibalizing production equipment from various civilian chemical facilities, it would have been possible for Iraq to assemble a CW production plant. Alternatively, equipment that was less suitable could have been reconfigured at an existing site and used for short-term limited production. Iraq had improvised and jury-rigged equipment in the past.
Moreover, discussion of Saddam's WMD capability often assumes military battlefield application, yet the more pressing concern was the threat of terrorist application of Saddam's WMD. President Clinton was mindful of Saddam's UNSCR 687 terrorism violations when he warned of "the very kind of threat Iraq poses now: a rogue state with weapons of mass destruction, ready to use them or provide them to terrorists...who travel the world among us unnoticed." President Bush concurred that "chemical agents, lethal viruses and shadowy terrorist networks are not easily contained ... Trusting in the sanity and restraint of Saddam Hussein is not a strategy, and it is not an option."

The two US presidents were right to be alarmed. The Iraqi Perspectives Project found "The rise of Islamist fundamentalism in the region gave Saddam the opportunity to make terrorism...not only cost effective but a formal instrument of state power", "evidence shows that Saddam's use of terrorist tactics and his support for terrorist groups remained strong up until the collapse of the regime", and "the [Saddam] regime was willing to co-opt or support organizations it knew to be part of al Qaeda". Along with proscribed dual-use capability, such as the obviously suspect "BW agent simulants" program, the Iraq Survey Group found "the Iraqi Intelligence Service (IIS) maintained throughout 1991 to 2003 a set of undeclared covert laboratories".

The IIS was, of course, the regime arm that managed Saddam's terrorism and chemical and biological weapons programs.

If you choose to overlook the operative threat diagnosis of Saddam's categorical violation of the "governing standard of Iraqi compliance" (UNSCR 1441) and trust in Saddam's sanity and restraint "regardless of the consequences", instead, then you could conceivably believe the threat posed by Saddam's growing weapons programs was less than urgent.

But if you look at the facts in the operative context of the Gulf War ceasefire compliance enforcement, then the reasonable view aligns with Jim Lacey's conclusion, "Given the evidence, it appears that we removed Saddam’s regime not a moment too soon." Professor Lacey's conclusion was informed by his work with the Iraqi Perspectives Project assessing Saddam's terrorism taken together with ISG's findings.

Knowing what we know now about the Saddam regime's "regional and global terrorism, including a variety of revolutionary, liberation, nationalist, and Islamic terrorist organizations" (IPP) taken together with Iraq's categorical ceasefire breach, the Iraqi threat was not "overestimated". It was underestimated.


Brands, Feaver:
They [members of the anti-war camp] use evidence developed after the invasion, when the United States had unimpeded access to Iraqi territory and regime insiders, to pretend that it should have been obvious that pre-war intelligence estimates were overstating the Iraqi threat.

The assumption that the Iraq Survey Group had "unimpeded access to Iraqi territory and regime insiders" represents a prevalent misconception that has critically skewed the discourse on Iraq.

As you alluded, the ISG findings are the basis for the charge that "the pre-war intelligence estimates were overstating the Iraqi threat". Yet in fact, due to the practical limitations of the ex post investigation, ISG can't be sure about the fate of all Saddam's secret stores and the extent Iraq's WMD program was retained and reconstituted.

The politics have obfuscated that the Iraq Survey Group's [non-]findings are heavily qualified in the report's Transmittal Message, Scope Note, and various sections. ISG cautions that the Saddam regime was expert at hiding proscribed items and activities with exceptional operational and information security, much evidence was lost prior to, during, and after the invasion, key Saddam regime officials were not forthcoming, statements conflicted, suspect areas were "sanitized", and other practical factors, such as the terrorist insurgency, limited its investigation.

Think back to law school about criminal procedure and rules of evidence: the ISG investigation was not that. Saddam's WMD was established fact upon which the burden was on Iraq to prove it disarmed as mandated. Hence, the UNSCR 687 disarmament process was not like a crime-scene forensic investigation that searched for evidence while guarding carefully against the contamination or loss of physical evidence in a controlled area. Neither were the OIF invasion and occupation designed for that kind of proof. Concurrently, the systematic Iraqi "concealment and deception activities" (ISG), much unfettered, rid evidence of proscribed armament, e.g., "many of these [WMD-related] sites were either sanitized by the [Saddam] Regime or looted prior to OIF", "M23 [Directorate of Military Industries] officers also were involved in NMD [National Monitoring Directorate] document concealment and destruction efforts", and "extensive looting and destruction at military facilities during OIF" (ISG).

Consequently, David Kay informed the Senate Armed Services Committee that "at the end of the work of the [Iraq Survey Group] there's still going to be an unresolvable ambiguity about what happened ... [due to] the unparalleled looting and destruction, a lot of which was directly intentional, designed by the security services to cover the tracks of the Iraq WMD program and their other programs as well, a lot of which was what we simply called Ali Baba looting."

What does that mean in practice?

In practice, the "unresolvable ambiguity" (Kay) means that we are compelled to speculate about the proscribed items and activities that were "sanitized" (ISG) by the "unparalleled looting and destruction, a lot of which was directly intentional, designed by the security services to cover the tracks of the Iraq WMD program" (Kay).

It means that what the Iraq Survey Group found — and ISG found many UNSCR 687 violations — comprised a floor only, not a complete account of Saddam's WMD. ISG reported "fragmentary and circumstantial" evidence of greater WMD-related activity, including BW production, that it could not definitely verify. In many instances where ISG cited a lack of evidence, it meant the evidence required for a definite determination was missing or lost, not that absence of evidence was evidence of absence. At the close of ISG's investigation, significant questions remained undisposed.

And it means that the prevailing political demand to demonstrate that Saddam's WMD matched the pre-war intelligence estimates was always unrealistic as well as inapposite. If the legitimacy of the Iraq intervention pivoted on proving the pre-war estimates were predictively precise, then of course it likely would be de-legitimated given that Saddam's forces had a long, practically free hand to conceal, alter, and destroy evidence before and during the ex post investigation. Which they did.

My corrective criticism of President Bush's self-recriminatory reaction to ISG's findings in his 2010 memoir, Decision Points suggests President Bush has not read key fact findings on Iraq carefully, covers much the same ground.


Brands, Feaver:
[T]he Bush administration believed the consensus view of our intelligence community (and those of key allies) that Iraq still possessed significant stockpiles of weapons of mass destruction ... The evidence uncovered by the invasion and the subsequent interrogation of Iraqi officials showed that the administration was wrong to believe the more pessimistic estimates about the nature of that arsenal.

The fact that the Iraq Survey Group did not find stockpiles matching "the more pessimistic estimates" does not infer "the administration was wrong to believe the more pessimistic estimates about the nature of that arsenal".

Due to the Iraqi "concealment and deception activities" (ISG), absence of evidence in ISG's findings often indicates an evidentiary gap rather than evidence of absence. After Saddam did not account for "his [his "]stockpiles of weapons of mass destructions" with the UN inspections — e.g., "With respect to stockpiles of bulk agent stated to have been destroyed, there is evidence to suggest that these was [sic] not destroyed as declared by Iraq" (UNMOVIC, 06MAR03) — the Iraq Survey Group was unable to account for Saddam's WMD stocks as mandated — e.g., "ISG cannot determine the fate of Iraq’s stocks of bulk BW agents ... There is a very limited chance that continuing investigation may provide evidence to resolve this issue."

For the Iraq Survey Group, the fate of Saddam's WMD stockpile is an "unresolvable ambiguity" (Kay). The CW munitions confiscated in Operation Avarice exemplify ISG's caveat, "ISG cannot discount the possibility that a few large caches of munitions remain to be discovered within Iraq."

In practical terms, there is thin threat margin between the stockpiles that ISG did not find and the proscribed capability that ISG did find. The thin threat margin shrinks further with Saddam's hidden IIS capabilities. Procedurally, there was no distinction of prohibition and enforceability under UNSCR 687. The necessary standard to resolve Saddam's distinctive WMD threat was "full and immediate compliance by Iraq without conditions or restrictions with its obligations ... bringing to full and verified completion the disarmament process established by resolution 687" (UNSCR 1441)[.]

For the "consensus view" of international leaders and intelligence agencies, again, Saddam's WMD was established fact in the UNSCR 687 disarmament process. The "consensus view" on Saddam's WMD was universally grounded on the UN inspections because practically, the intelligence agencies were thwarted by Iraq's "denial and deception operations" (ISG) and the UN inspections were physically nearest to Saddam's WMD, although the UN inspectors were also thwarted by Iraqi counter-intelligence. More significantly, procedurally, international enforcement action on Iraq's "continued violations of its obligations" (UNSCR 1441) on WMD, including OIF, was determined upon the assessments by the UN inspections. [In Iraq's "final opportunity to comply with its disarmament obligations" (UNSCR 1441), UNMOVIC assessed Saddam did not disarm as mandated.]

President Clinton, CNN interview, 03JUL03:
[I]t is incontestable that on the day I left office, there were unaccounted for stocks of biological and chemical weapons.
The law and policy on Iraq were clear on the President's duty. For the Bush administration to disbelieve Saddam's WMD willy nilly and consequently renege on the defining US-led international law enforcement of the post-Cold War would have been radical Executive malfeasance.


Brands, Feaver:
[The war was waged on premises that proved to be faulty or false:] ... and that taking down Saddam’s regime could cause a democratic chain reaction throughout the Middle East.

President Bush did carry forward the hope from his predecessors that a democratically reformed Iraq would set a constructive example for the Middle East. However, Bush's policy statements do not show an expectation that OIF would "cause a democratic chain reaction throughout the Middle East" in short order akin to the 2010-2011 Arab Spring. Nor do they show an expectation that OIF would cause a "democratic chain reaction throughout the Middle East" at all.

At first, I guessed you mixed up President Bush's Freedom Agenda, which was a post-9/11 innovation, with the policy on Iraqi democratic reform per UNSCR 688, which Bush carried forward from Presidents HW Bush and Clinton. However, the Freedom Agenda was also more measured than your characterization.

Perhaps Bush officials independently speculated that Iraqi regime change "could" trigger a "democratic chain reaction throughout the Middle East" akin to the Arab Spring. But that expectation wasn't an element of President Bush's actual policy on Iraq.


Brands, Feaver:
[The war was waged on premises that proved to be faulty or false:] ... that the post-war stabilization and democratization of Iraq could be accomplished quickly and on the cheap ...

See the #postwar and #postwarmil sections of "10 year anniversary of the start of Operation Iraqi Freedom: thoughts" for exposition about the initial post-war plan, insurgency setback, and COIN adjustment.

"Getting the Iraq story right" includes noting that the "democratization of Iraq" was accomplished quickly. Recall that sovereignty was officially restored to post-Saddam Iraq in a little over a year with UNSCR 1546, which "[w]elcom[ed] the beginning of a new phase in Iraq’s transition to a democratically elected government".

Noting post-Saddam Iraq's fast transition to democratic governance helps to explain the initial post-war plan. The basic concept was that security would follow upon political progress, and in fact, post-Saddam Iraq met its early political benchmarks with the Coalition Provisional Authority. The 'light footprint' support role initially assigned to the military for the post-war and the associated cost projections were not due to "hubris" but rather the preliminary belief that a traditional (and yes, costlier) military-centered 'heavy footprint' occupation would be counterproductive for the Iraqi political reform that was the heart of the initial post-war plan.


Brands, Feaver:
And some of the decisions that backfired most severely by alienating the Sunnis — such as disbanding the Iraqi military and pursuing aggressive de-Baathification — were rooted in an understandable need to appease Iraq’s majority Shia population.

Those decisions were also rooted in the humanitarian law and policy on Iraq that had developed over the course of the decade-plus UNSCR 688 enforcement. See the compilation at the #unscr688 section of "10 year anniversary of the start of Operation Iraqi Freedom: thoughts".

I suggest CPA officials Dan Senor and Walter Slocombe's clarification on this issue. Excerpt:
When the American-led coalition "disbanded" the Iraqi Army in May 2003, it was simply recognizing the fact that the army had long since dissolved itself -- in the Pentagon's jargon, "self-demobilized" -- as the mass of (mostly Shiite) conscripts fled the brutality of their (mostly Sunni) officers.

Brands, Feaver:
Defenders of the administration also claimed that Obama was merely fulfilling the terms of the 2008 Status of Forces Agreement (SOFA), which supposedly bound the United States to withdraw its troops at the end of 2011.
The latter justification is unpersuasive, given that Obama himself initially sought to negotiate an extension of the SOFA, the same course of action the Bush administration had always envisioned. The former justification lost some of its persuasiveness when Obama ordered U.S. troops back into Iraq in 2014 under essentially the terms that had been on offer in 2011.

See the sources and expository commentary on this issue at An irresponsible exit from Iraq.

The missing piece that explains both President Obama's negotiation for a follow-on SOFA and the conspicuously simple return of US forces to Iraq is the Strategic Framework Agreement, whose conditions-based guidelines constitute the overarching law-and-policy frame for the US-Iraq relationship. The open-ended SFA was signed concurrently with the 2008-2011 SOFA and provided for the continuation or restoration of US forces in Iraq. The Obama administration's negotiation with Iraq on the status of forces following the 2008-2011 SOFA and the subsequent return of US forces to Iraq accorded with the SFA.


Brands, Feaver:
We still have much to learn about the Iraq War. As historians write and rewrite the history of that conflict in the coming years, some issues that looked black-and-white at the time will come to appear in shades of gray. We do not pretend to have a monopoly on wisdom about the Iraq War ourselves. But we are certain that the prevailing debate distorts the historical record and harms American foreign policy.

The fundamental step towards your objective is re-laying a proper foundation for the public with the controlling law, policy, precedent, and determinative facts that define the Iraq issue. Clarifying the Iraq issue as such would go a long way towards rectifying the "prevailing debate [that] distorts the historical record and harms American foreign policy".

Excerpt from the preface to Critical responses to leaders and pundits:
The basic premise of the OIF FAQ is that hewing to the bedrock law, policy, precedent, and facts that define the Iraq issue is the closest we can reach the truth of the matter and the best way to cut through the prevalent conjecture, distorted context, and misinformation that have obfuscated the Iraq issue.
...
Competing narratives of the why of OIF are simple to sort on the merits. Since the Iraq issue comprises the defining post-Cold War American-led international law enforcement, the actual why of OIF is readily understood simply by referring to the readily accessible, plainly stated law, policy, precedent, fact record of the UNSCR 660-series compliance enforcement. The law and policy, fact basis of the Iraq intervention is extraordinarily well developed due to the long, iterative focus on the Saddam regime's noncompliance that preceded Iraq's "final opportunity to comply" (UNSCR 1441). When the body of discourse and data is filtered through the "governing standard of Iraqi compliance" (UNSCR 1441) and its operative enforcement procedure, the clarified Iraq issue that emerges is eminently straightforward.
I appreciate that "Lessons from the Iraq War" offers a lot of meat on the bone to chew on. I ended up regretfully culling half the comments from my review.

I hope the OIF FAQ and this review help your mission, which I share. If you have questions about my work, please ask.



from: [Eric LC]
to: [Hal Brands]
date: Jul 11, 2019, 5:28 PM
subject: Re: Solution for "What Democrats Need to Admit about Iraq" per "Lessons from the Iraq War" (Hal Brands, Peter D. Feaver)

Professor Brands,

You're welcome. As Professor Feaver and you explained, this is important.

Task tip: This excerpt is from President Clinton's remarks to Pentagon personnel on February 17, 1998:
Saddam Hussein's Iraq reminds us of what we learned in the 20th century and warns us of what we must know about the 21st. In this century we learned through harsh experience that the only answer to aggression and illegal behavior is firmness, determination, and, when necessary, action.

In the next century, the community of nations may see more and more the very kind of threat Iraq poses now: a rogue state with weapons of mass destruction, ready to use them or provide them to terrorists, drug traffickers, or organized criminals, who travel the world among us unnoticed. If we fail to respond today, Saddam and all those who would follow in his footsteps will be emboldened tomorrow by the knowledge that they can act with impunity -- even in the face of a clear message from the United Nations Security Council and clear evidence of a weapons of mass destruction program.
President Clinton's premise of a "clear evidence of a weapons of mass destruction program" was an a-ha moment in my study of the Iraq issue because the "clear evidence" cited by Clinton was the UNSCR 687 inspection findings. That piece unlocked the realization that in 2002-2003, the same as in 1998, American and international intelligence agencies relied on the UNSCR 687 inspection findings as the baseline for assessing Saddam's WMD versus Iraq's "denial and deception operations" (Iraq Survey Group), which in and of themselves violated the Gulf War ceasefire disarmament mandates.

Per President Clinton, the UNSCR 687 inspection findings functioned as evidential confirmation of Saddam's WMD, e.g., "With respect to stockpiles of bulk agent stated to have been destroyed, there is evidence to suggest that these was [sic] not destroyed as declared by Iraq" (UNMOVIC, 06MAR03).

Besides Iraq's proficient counter-intelligence, the reliance by the intelligence community on the UN inspections made sense because the casus belli was Iraq's "material breach" (UNSCR 1441) of the Gulf War ceasefire. By procedure, the UNMOVIC Clusters document triggered President Bush's determination for Operation Iraqi Freedom in Iraq's "final opportunity to comply" (UNSCR 1441) as the UNSCOM Butler report triggered President Clinton's determination for Operation Desert Fox when "Iraq ... abused its final chance" (Clinton).

The politics have obfuscated that the mandate was for Iraq to account for Saddam's WMD, not for the US and UN to find Saddam's WMD. The fact of Iraq's UNSCR 687-proscribed armament was practically established and procedurally presumed in the Gulf War ceasefire disarmament process until Iraq proved it disarmed as mandated. Thus, the consensus view on Saddam's WMD was grounded on the established fact of Saddam's WMD with the fact that Iraq did not account for and disarm Saddam's WMD as mandated, which was confirmed by UNSCOM and UNMOVIC at President[s] Clinton and Bush's respective decision points for Operations Desert Fox and Iraqi Freedom.



I e-mailed this advice to Hal Brands and Peter Feaver in response to Professor Feaver's discouraged response to my corrective review of their 20JUN19 National Review article, Lessons from the Iraq War:

from: [Eric LC]
to: [Hal Brands], [Peter Feaver]
cc: [David French]
date: Sep 17, 2019, 3:50 PM
subject: Re: Review of "Lessons from the Iraq War" (National Review) with a focus on the legal-factual aspect

Professor Brands and Professor Feaver,

...
I understand you're discouraged ... As I related to Professor Feaver, I've been in your shoes in the low moment a righteous cause looks lost. Since we share this righteous cause, I'm wearing these shoes with you.

Here are 3 pieces of counsel based on my advocacy experience (referenced in the apt From Defeat to Victory, which I recommend reading):

1. Foremost and fundamentally, your advocacy will be self-defeating as long as you decry "the prevailing debate [that] distorts the historical record" but then also uphold otherwise readily correctable key premises of the prevailing false narrative. The concept of the case sets the frame for everything else. Before you can hope to convince "the people we would need to reach", you need to reconceive your basic argument.

For that purpose, the primary source authorities — i.e., the law, policy, precedent, and facts that define the actual justification of the US-led international law enforcement with Iraq — are exceptionally straightforward, thorough, and plain. If you'd rather work directly from the primary sources rather than jump the learning curve with the OIF FAQ cheat sheet — well, they aren't my intellectual property. Framing your argument with the bedrock law and facts of OIF's justification is persuasive because they're incontrovertible.

For example, this point looks different when OIF's operative context is clarified: Your article blames President Bush's determination on Iraq for "the fact that the Iraq War had caused bitter disputes within NATO, and dramatically depleted American prestige". Yet ethical leadership is usually unpopular with unethical fellows when it disrupts their illicit activities. UN Security Council and NATO founding member France's deep complicity with Saddam's "continued violations of its [Iraq's] obligations" (UNSCR 1441), i.e., casus belli, is particularly appalling. France's malfeasance directly influenced Saddam to choose "material breach" (UNSCR 1441) and thereby trigger the invasion instead of comply as mandated and thereby switch off the credible threat of regime change that capacitated Iraq's "final opportunity to comply" (UNSCR 1441). Excerpt from A problem of definition in the Iraq controversy: Was the issue Saddam's regime or Iraq's demonstrable WMD?:
The Iraq Survey Group found Russia, China, France, and other mission opponents were complicit rearming Saddam in violation of the UNSCR 687 arms embargo.

The Regime Finance and Procurement section of the Iraq Survey Group Duelfer report, Iraq's Suppliers at Iraq Watch, and IIC's Report on the Manipulation of the Oil-for-Food Programme detail the nearly complete extent that Iraq had defeated the sanctions and 'containment' regime with illicit diplomatic and economic means.
2. Reconception of your basic argument is prerequisite, but when political conditions are adverse, the merits of an argument typically aren't enough by themselves to convince "the people we would need to reach" to do the right thing. In practice, that means you need to step back for now from "the people we would need to reach". First identify and recruit like-minded persons and arm them with your upgraded argument. Organize your school into a critical mass that multiplies, competes vigorously against the opposing school across the political arena, and thereby generates the social cues necessary for the conducive political conditions you need to move "the people we would need to reach".

In other words, the "negative reaction" to your urgent appeal shows your mission needs an archetypal grassroots movement — which happens to be the specialty of student-faculty coalitions on university campuses like the ones where you teach. I assume you have access to potentially like-minded students and faculty who are proficient in traditional and social-media advocacy.

3. Failure sucks, but setback-and-adjustment is the normal competitive pattern in the political arena as any other. If your aspirational standard is pax Americana, then you don't have a choice: Upholding the sufficient corrective ethical adaptive resolute American leadership that crystallized in the crucible of Iraq under President Bush is essential for the viability of your preferred course.

We've risen before to the frightening challenges of a new era. American history didn't start (over) with Vietnam. If our forebears could constructively reform "the limits of U.S. power" upon the epic symphony of horrific disasters that was the Korean War under the avid eye of a vigorous ascendant Communism, then we can certainly follow their precedent upon the comparative cakewalk of the Iraq War "in a world where new dangers abound".

But to get us there, you and your school of policy first need to compete for predominance over the opposing school of policy. Thus far in the political contest, you've inexplicably given the opposing school free rein with an otherwise readily correctable, blatantly false narrative of OIF, which they've ruthlessly exploited to rise over and methodically degrade your school. You need to stop that.

See Regarding pundits and David Brooks's "Saving the System".



Related: Criticism of Hal Brands's commentary on Iraq in Hand-Off: "Reassessing Bush's Legacy: What the Transition Memoranda Do (and Don't) Reveal".

Tuesday, September 3, 2019

Clarification of the Iraq issue in Congressional Research Service report "Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications"

PREFACE: Jennifer Elsea is a legislative attorney and Matthew Weed is an analyst in foreign policy legislation with the Congressional Research Service. I clarified the Iraq issue in their Congressional Research Service report, Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications (18APR14). Ms. Elsea and Mr. Weed didn't respond to my e-mail, so I don't know whether they've read it.



from: [Eric LC]
to: [Jennifer Elsea], [Matthew Weed]
date: Sep 3, 2019, 3:06 PM
subject: Clarification of the Iraq issue in "Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications" (Congressional Research Service)

Ms. Elsea and Mr. Weed,

I use the primary source authorities, i.e., the set of controlling law, policy, and precedent and determinative facts that define OIF's justification, at Operation Iraqi Freedom FAQ to clarify the Iraq issue and correct for the prevalent conjecture, distorted context, and misinformation that have obfuscated the Iraq issue. A main theme of the OIF FAQ is the Clinton-to-Bush continuity in the Gulf War ceasefire compliance enforcement with a focus on Operations Desert Fox and Iraqi Freedom.

With that, I am writing you with critical comments on the historical background for the authorizations for the use of military force related to Iraq in your Congressional Research Service report, Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications (18APR14). The comments include clarification that the 1991 AUMF covers the UN resolutions on Iraq adopted subsequent to UNSCR 678 and the Iraq AUMFs include the mandate to "restore international peace and security in the area" (UNSCR 678).

Your overall explication is a valuable resource that improved my understanding of declarations of war, declarations of national emergency, AUMFs, and the rest. I hope to reciprocate the utility with the OIF FAQ and these critical comments, mindful that the CRS "report will be updated as circumstances warrant".

Elsea, Weed:
On January 12, 1991, both houses passed the “Authorization for Use of Military Force Against Iraq Resolution.” Section 2(a) of that joint resolution authorized the President to use U.S. Armed Forces pursuant to U.N. Security Council Resolution 678 to achieve implementation of the earlier Security Council resolutions.

The interpretive question is whether the 1991 AUMF is limited to "implementation of Security Council Resolutions 660, 661, 662, 664, 665, 666, 667, 669, 670, 674, and 677" or whether the 1991 AUMF includes, but is not limited to, those UN resolutions, pursuant to UNSCR 678 to "uphold and implement resolution 660 (1990) and all subsequent relevant resolutions and to restore international peace and security in the area" (UNSCR 678).

Congress answered the question in sections 1095 and 1096 of P.L. 102-190 by interpreting P.L. 102-1 with the non-limited inclusion meaning. Excerpt from P.L. 102-190:
(1) Iraq's noncompliance with United Nations Security Council Resolution 687 constitutes a continuing threat to the peace, security, and stability of the Persian Gulf region;
... (3) the Congress supports the use of all necessary means to achieve the goals of Security Council Resolution 687 as being consistent with the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1).
...
(1) Iraq's noncompliance with United Nations Security Council Resolution 688 constitutes a continuing threat to the peace, security, and stability of the Persian Gulf region;
... (3) the Congress supports the use of all necessary means to achieve the goals of United Nations Security Council Resolution 688 consistent with all relevant United Nations Security Council Resolutions and the Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1).

The P.L. 102-190 clarification of the 1991 AUMF is referenced in the 2002 AUMF. Excerpt from P.L. 107-243:
Whereas in December 1991, Congress expressed its sense that it “supports the use of all necessary means to achieve the goals of United Nations Security Council Resolution 687 as being consistent with the Authorization of Use of Military Force Against Iraq Resolution (P.L. 102-1),” that Iraq’s repression of its civilian population violates United Nations Security Council Resolution 688 and “constitutes a continuing threat to the peace, security, and stability of the Persian Gulf region,” and that Congress, “supports the use of all necessary means to achieve the goals of United Nations Security Council Resolution 688”;

Elsea, Weed:
President Bush also asserted that S.J.Res. 23 “recognized the authority of the President under the Constitution to take action to deter and prevent acts of terrorism against the United States.”

President Bush's assertion is plainly stated in S.J. Res. 23. Excerpt from P.L. 107-40:
Whereas the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States.
Notably, the Antiterrorism and Effective Death Penalty Act of 1996 also presumes the President's counter-terrorism authority, albeit sans P.L. 107-40's plain statement of the President's counter-terrorism "authority under the Constitution". Excerpt from P.L. 104-132:
(2) the President should continue to make efforts to counter international terrorism a national security priority;
... (4) the President should use all necessary means, including covert action and military force, to disrupt, dismantle, and destroy international infrastructure used by international terrorists, including overseas terrorist training facilities and safe havens;
... (6) the President should continue to undertake efforts to increase the international isolation of state sponsors of international terrorism, including efforts to strengthen international sanctions, and should oppose any future initiatives to ease sanctions on Libya or other state sponsors of terrorism.
Consistent with your finding that P.L. 107-40's "authorization of military action against organizations and persons is unprecedented in American history", P.L. 104-132 instructs "the President should use all necessary means, including covert action and military force" yet does not refer to an AUMF. P.L. 107-40 explicitly and P.L. 104-132 implicitly show Congress's recognition that the President's counter-terrorism authority is grounded in the Constitution's Article 2 national security powers rather than its Article 1 war powers.

For Iraq, the P.L. 107-40 authorization "to use all necessary and appropriate force against those nations, organizations, or persons he determines...aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons" applies to the Saddam regime if the 2001 AUMF criteria is interpreted to include aid or harbor for the al Qaeda network not limited to the individuals known to have had a direct hand in the 9/11 attacks.

The Iraqi Perspectives Project confirmed that Saddam supported the al Qaeda network; excerpt:
Captured documents reveal that the regime was willing to co-opt or support organizations it knew to be part of al Qaeda-as long as that organization's near-term goals supported Saddam's long-term vision.
... Some aspects of the indirect cooperation between Saddam's regional terror enterprise and al Qaeda's more global one are somewhat analogous to the Cali and Medellin drug cartels. Both drug cartels (actually loose collections of families and criminal gangs) were serious national security concerns to the United States. Both cartels competed for a share of the illegal drug market. However, neither cartel was reluctant to cooperate with the other when it came to the pursuit of a common objective-expanding and facilitating their illicit trade.
...
Saddam supported groups that either associated directly with al Qaeda (such as the Egyptian Islamic Jihad, led at one time by bin Laden's deputy, Ayman al-Zawahiri) or that generally shared al Qaeda's stated goals and objectives.
...
Saddam's security organizations and bin Laden's terrorist network operated with similar aims, at least for the short term. Considerable operational overlap was inevitable when monitoring, contacting, financing, and training the regional groups involved in terrorism.
In addition to the Constitution and P.L. 107-40, the President's counter-terrorism authority with Iraq is grounded in the 1991 and 2002 AUMFs to enforce the UN resolutions on Iraq since the UN-mandated terms of the Gulf War ceasefire include Iraq's obligation to "condemn unequivocally and renounce all acts, methods and practices of terrorism" (UNSCR 687).

As well, the enforcement of Iraq's compliance with the UNSCR 688 humanitarian and UNSCR 687 terrorism-related mandates overlap since Saddam ruled with "broad-based discrimination and widespread terror” (UN Commission on Human Rights) and "[t]he predominant targets of Iraqi state terror operations were Iraqi citizens, both inside and outside of Iraq" (IPP).


Elsea, Weed:
In the summer of 2002, the Bush Administration made public its views regarding what it deemed a significant threat to U.S. interests and security posed by the prospect that Iraq had or was acquiring weapons of mass destruction.

See the OIF FAQ answer to "Why did Bush leave the ‘containment’ (status quo)" and the OIF FAQ answer to "Did Bush lie his way to war with Iraq".

The fact of Saddam's WMD was established in the Gulf War ceasefire compliance regime before George W. Bush was President. Upon the established fact of Saddam's WMD, Iraq's proscribed armament was presumed until Iraq satisfied its burden to prove it disarmed in accordance with the Gulf War ceasefire "governing standard of Iraqi compliance" (UNSCR 1441).

Tragically, Saddam opted not to disarm as mandated in Iraq's "final opportunity to comply" (UNSCR 1441). By procedure, OIF's casus belli was established when Hans Blix and UNMOVIC confirmed Iraq's "continued violations of its obligations" (UNSCR 1441).

Subsequently, the Iraq Survey Group corroborated UNMOVIC: "ISG judges that Iraq failed to comply with UNSCRs". And, despite the substantial evidentiary gaps in the ex post investigation due to the Iraqi "concealment and deception activities" (ISG), which in and of themselves breached the Gulf War ceasefire, ISG was able to confirm at minimum "clear evidence of his [Saddam's] intent to resume WMD", "preserved capability", "undeclared covert laboratories", and a "large covert procurement program" for "military reconstitution efforts ... [that] covered conventional arms, dual-use goods acquisition, and some WMD-related programs".

The Bush administration view on the Iraqi threat was not novel. The "threat Iraq’s non-compliance with Council resolutions and proliferation of weapons of mass destruction and long-range missiles poses to international peace and security" (UNSCR 1441) was established with the Gulf War, unresolved through the HW Bush and Clinton administrations, and consistent with the standing UN and US resolutions and US policy on Iraq.

Excerpt from the OIF FAQ answer to "Was Operation Iraqi Freedom legal":
The threat posed by the Saddam regime to "vital United States interests and international peace and security" (P.L. 105-235) was a standing threat that President Bush inherited from his two immediate predecessors. Hence, "the continuing threat posed by Iraq" in Public Law 107-243 was carried forward from "Iraqi actions pose a continuing unusual and extraordinary threat to the national security and foreign policy of the United States" in President Clinton's official notice to Congress on July 28, 2000.

The continuing threat to US national security from Saddam's continued violations of terrorism, disarmament, humanitarian, and other obligations was intrinsic with Iraq's material breach of the Gulf War ceasefire, where “Iraq's noncompliance with United Nations Security Council Resolution 687 [and 688] constitutes a continuing threat to the peace, security, and stability of the Persian Gulf region” (P.L. 102-190), so that "[r]ecognizing the threat Iraq’s non-compliance with Council resolutions and proliferation of weapons of mass destruction and long-range missiles poses to international peace and security" (UNSCR 1441), "it is in the national security interests of the United States and in furtherance of the war on terrorism that all relevant United Nations Security Council resolutions be enforced" (P.L. 107-243).

As such, the mandates to "(1) defend the national security of the United States against the continuing threat posed by Iraq; and (2) enforce all relevant United Nations Security Council resolutions regarding Iraq" (P.L. 107-243) were national and international security aspects of the same problem, with the same solution: "Iraq fully comply with all of its obligations under Security Council resolutions" (Clinton) and "full and immediate compliance by Iraq without conditions or restrictions with its obligations under resolution 687 (1991) and other relevant resolutions" (UNSCR 1441).

Elsea, Weed:
He emphasized, however, that if Iraq refused to fulfill its obligations to comply with U.N. Security Council resolutions, the United States would see that those resolutions were enforced.

That's a reiteration of the standing policy carried forward from the HW Bush and Clinton administrations.

The mandated solution, i.e., "the President is urged...to bring Iraq into compliance with its international obligations" (P.L. 105-235), for the threat that Iraq's noncompliance posed to international peace and security is thematic over the UN and US resolutions and US policy on Iraq. The Iraq Survey Group confirmed, "the Iraqis never intended to meet the spirit of the UNSC’s resolutions".

Note, by the close of the Clinton administration, "The [Saddam] Regime’s strategy was successful to the point where sitting members of the Security Council were actively violating the resolutions passed by the Security Council" (ISG). While already discernible during the HW Bush administration, the Security Council rift between the Gulf War ceasefire enforcers (led by the US and UK) and Saddam's accomplices (led by Russia and France and joined by China) only fully crystallized during the Clinton administration. Therefore, while the policy on Iraq was essentially intact from President HW Bush to President Bush, the situation evolved in the interim so that at coda President Bush followed President Clinton's enforcement precedent.


Elsea, Weed:
Subsequently, on September 19, 2002, the White House proposed legislation to authorize the use of military force against Iraq. This draft would have authorized the President to use military force not only against Iraq but “to restore international peace and security in the region.”

There's no practical disparity. Congress effectively authorized the President to use military force to restore international peace and security in the region when it authorized the President to "enforce all relevant United Nations Security Council resolutions regarding Iraq" (P.L. 107-243) since the UN resolutions on Iraq are based on the mandate to "restore international peace and security in the area" (UNSCR 678 etc.).


Elsea, Weed:
P.L. 107-243 clearly confers broad authority on the President to use force. In contrast to P.L. 102-1, the authority granted is not limited to the implementation of previously adopted Security Council resolutions concerning Iraq but includes “all relevant ... resolutions.” Thus, it appears to have incorporated resolutions concerning Iraq that were subsequently adopted by the Security Council at least up to the expiration of the UN mandate on December 31, 2008, as well as those resolutions adopted prior to the enactment of P.L. 107-243. The authority also appears to extend beyond compelling Iraq’s disarmament to implementing the full range of concerns expressed in those resolutions.

See my comment above regarding the P.L. 102-190 clarification of P.L. 102-1.

Prior to the 2002 AUMF, Presidents HW Bush, Clinton, and Bush conducted multiple invasive military actions per the 1991 AUMF to enforce UN resolutions on Iraq that were adopted subsequent to UNSCR 678, such as the no-fly zones per UNSCR 688. Over the same period, Congress produced several resolutions in support of the US-led enforcement of UN resolutions on Iraq subsequent to UNSCR 678. See, for example, House Resolution 322.

Like UNSCR 1441, P.L. 107-243 is an enhanced update that incorporates developments in the Gulf War ceasefire compliance enforcement that accrued over the decade-plus following P.L. 102-1, UNSCR 678, and UNSCR 687. However, President Bush could have capacitated Iraq's "final opportunity to comply" (UNSCR 1441) with sound legal footing without P.L. 107-243. While enhanced, the 2002 AUMF is functionally redundant, not a novel deviation from the 1991 AUMF. P.L. 107-243 essentially repackages existing elements, including P.L. 102-1, that were already operative thanks largely to President Clinton's evident foresight and meticulous care in refining the case against Saddam and reinforcing the enforcement procedure for Iraq.


Elsea, Weed:
Nevertheless, P.L. 107-243 is narrower than P.L. 107-40, as well as President Bush’s originally proposed authorization, in that it limits the authorization for the use of force to Iraq.

That the wording of the UN resolutions on Iraq is not wholly mirrored in P.L. 107-243 does not change that the mandate to restore international peace and security in the area/region is intrinsic in the mandate to "enforce all relevant United Nations Security Council resolutions regarding Iraq" (P.L. 107-243). Beyond the law and policy that enforced the UN resolutions on Iraq, the mandate is a longstanding US national security interest in its own right.

Excerpt from P.L. 107-243:
Whereas it is in the national security interests of the United States to restore international peace and security to the Persian Gulf region: Now, therefore, be it Resolved ...

Elsea, Weed:
Finally, as with P.L. 107-40, the statutory authorization for use of force granted to the President in P.L. 107-243 is not dependent for its exercise upon prior authorization by the U.N. Security Council.

Yes. That being said, according to P.L. 102-1, P.L. 107-243, and Presidents Clinton and Bush's respective determinations to use force with Operations Desert Fox and Iraqi Freedom, UNSCR 678 is the prior authorization by the U.N. Security Council.


Elsea, Weed:
The Bush and Obama Administrations relied on P.L. 107-243’s authorities to maintain the presence of U.S. armed forces and to conduct military operations in Iraq until the withdrawal of U.S. armed forces in December 2011. After initial invasion operations and the removal of the Saddam Hussein regime from power, U.S. military operations in Iraq continued under P.L. 107-243 authority. Both the Bush and Obama Administrations considered Iraq a continuing threat to U.S. national security interests; in addition, U.S. armed forces were enforcing relevant U.N. Security Council resolutions regarding Iraq.

In addition, too, note that section 4 of P.L. 107-243 "expected...those actions described in section 7 of the Iraq Liberation Act of 1998 (P.L. 105-338)". Excerpt from P.L. 105-338:
SEC. 7. ASSISTANCE FOR IRAQ UPON REPLACEMENT OF SADDAM HUSSEIN REGIME.
It is the sense of the Congress that once the Saddam Hussein regime is removed from power in Iraq, the United States should support Iraq's transition to democracy by providing immediate and substantial humanitarian assistance to the Iraqi people, by providing democracy transition assistance to Iraqi parties and movements with democratic goals, and by convening Iraq's foreign creditors to develop a multilateral response to Iraq's foreign debt incurred by Saddam Hussein's regime.

Elsea, Weed:
49 See UNSC Resolution 1511 (Oct. 16, 2003), UNSC Resolution 1546 (June 8, 2004), UNSC Resolution 1637 (November 8, 2005), UNSC Resolution 1723 (November 28, 2006), and UNSC Resolution 1790 (December 18, 2007).

Also see UNSCR 1483 (May 22, 2003). UNSCR 1511 "authorize[d] a multinational force under unified command to take all necessary measures" for "the implementation of resolution 1483". UNSCR 1483 merits special attention because it marked the transitional meeting of the Gulf War ceasefire enforcement and post-Saddam peace operations with the core compliance and nation-building elements of both missions.


Elsea, Weed:
Beginning January 1, 2009, U.S. armed forces remained in Iraq pursuant to an agreement between Iraq and the United States that set the date for withdrawal of such forces on December 31, 2011.

Note, the open-ended conditions-based Strategic Framework Agreement, which was signed concurrently with the status of forces agreement, provided for the continuation or restoration of US forces with Iraq. The Obama administration's negotiation with Iraq on the status of forces following the 2008-2011 SOFA and the subsequent return of US forces to Iraq accorded with the SFA.

Excerpt from An irresponsible exit from Iraq:
Alongside the SOFA, the US and Iraq signed the Strategic Framework Agreement (SFA), whose conditions-based guidelines constituted the overarching law-and-policy frame for the long-term US-Iraq relationship.
...
The 2008-2011 SOFA neither barred nor required a particular subsequent arrangement for President Bush's successor. The Arab Spring hadn't happened yet when the SOFA and SFA were signed, so the degeneration of the Arab Spring, especially in neighboring Syria, wasn't then a risk factor. If the trajectory of Iraq's progress had continued on pace, especially in relation to the 2010 elections in Iraq, it was conceivable for the US-led peace operations with Iraq to reduce significantly by 2011. The 2008-2011 SOFA provided a 3-year window for the next President to stay the course and advance Iraq's progress in the critical formative stage, then assess the situation and determine the transition to the next US-Iraq arrangement in accordance with the SFA's guidelines, analogous to Eisenhower's decision on the American global posture when post-WW2 transitioned to the Cold War.

Elsea, Weed:
P.L. 107-243 does not include provision for automatic termination of its use of force authorization, and Congress has not repealed the legislation. Thus P.L. 107-243 remains current U.S. law, although its continued effectiveness is questionable. Arguably, the President could rely on P.L. 107-243 to reintroduce U.S. armed forces into Iraq if he determined that Iraq once again posed a threat to U.S. national security, or in order to enforce relevant U.N. resolutions, as the legislation provides in its authorization language. Nevertheless, any presidential decision to again utilize the authority for use of military force in P.L. 107-243 would likely meet renewed resistance from some Members of Congress, as well as other observers who have argued for repeal of open-ended use of force authorizations such as this.

FYI, contemporary with your 18APR14 report, the #legal section of my 11JUN14 post, "The Fall of Mosul and legal authority for anti-ISIS strikes", unpacks "The issue of the President's legal authority to deploy the military to Iraq under current circumstances, absent a new statutory authority" (Eric LC). My 12FEB15 post, Quick reaction to the proposed AUMF against ISIS, also looks at the issue.

Regarding the controversy over "open-ended use of force authorizations such as this", I looked for an explanation of the legal grounds of the analogous Korea intervention in your report as a reference point for the Iraq intervention. I was dismayed not to find one. The Korea intervention was path-setting for Cold War-era US policy. In its toll, just about any week of the 1950-1953 Korean War, and just about any day at its height, was more intense than the whole 1990-2011 Iraq intervention. Since World War 2, encompassing the Korean War, US military forces have continuously served in Korea with substantial presence in an evolving role. Until President Obama changed course, US military forces seemed to be settling into a similar long-term presence and evolving role with Iraq akin to the longstanding "open-ended" US mission with Korea. Yet the ongoing Korea intervention is not controversial like the Iraq intervention despite that, as suggested by their absence from your report, the legal grounds of the Korea intervention appear to be significantly short of the legal grounds of the Iraq intervention.

I hope the OIF FAQ and these comments are helpful. If you have questions about my work, please ask.



Related: Criticisms and suggestions for "International Law and the War in Iraq" (John Yoo, 2003), Explaining the grounds for Operation Iraqi Freedom to a law professor (Chibli Mallat), Correcting Mario Loyola: UNSCR 1441 did place the burden of proof on Iraq, For David French, recommendations regarding "In Defense of the Iraq War", Guest post: Defense attorney discusses the legal basis of Operation Iraqi Freedom, and Correction of Philip Bobbitt's "principal motive" for Operation Iraqi Freedom in The Garments of Court and Palace: Machiavelli and the World that He Made (2013).

Maseh Zarif and James Zumwalt: Here's how to begin "a difficult but necessary debate" versus the 'Forever war' slogans

PREFACE: Maseh Zarif is the Director of External Relations at the Institute for the Study of War and James Zumwalt is a former Navy Explosive Ordnance Disposal officer who served in Operation Iraqi Freedom. Mr. Zarif and Lt. Zumwalt's 21AUG19 The Hill article, 'Forever war' slogans short-circuit the scrutiny required of national security choices, asks, "Americans must aim for a difficult but necessary debate rather than adopting a strategy-by-slogan that promises an easy way out. How can we begin that dialogue?". I answered the question. Mr. Zarif and Lt. Zumwalt didn't respond to my e-mail, so I don't know whether they've read it.



from: [Eric LC]
to: [Institute for the Study of War], [The Hill editorial department]
date: Sep 3, 2019, 3:39 PM
subject: Maseh Zarif and James Zumwalt: Here's how to begin "a difficult but necessary debate" versus the 'Forever war' slogans

Messrs. Zarif and Zumwalt,

I use the primary source authorities, i.e., the set of controlling law, policy, and precedent and determinative facts that define OIF's justification, at Operation Iraqi Freedom FAQ to lay a proper foundation and provide a study guide for the Iraq issue.

Your 21AUG19 The Hill article, 'Forever war' slogans short-circuit the scrutiny required of national security choices, asks, "Americans must aim for a difficult but necessary debate rather than adopting a strategy-by-slogan that promises an easy way out. How can we begin that dialogue?".

That's easy to answer: The prerequisite for "a difficult but necessary debate" is laying the proper foundation for it with clarification of OIF's justification that corrects for the conjecture, distorted context, and misinformation propagandized by the 'Forever war' sloganeers to obfuscate the Iraq issue.

The "dialogue" must begin with clarification of the Iraq issue at the premise level because the 1990-2011 Iraq intervention was paradigmatic for American leadership of the free world. The national security principles you apparently support fully manifested with Iraq, most of all with the enforcement of UNSCR 1441 per Public Law 107-243 and the UNSCR 1483 peace operations per Public Law 105-338. Therefore, opponents and detractors of American leadership of the free world have stigmatized the Iraq intervention in order to discredit those national security principles, toxify policy choices derived from those national security principles, drive your school of policy into a shrinking defensive crouch, and thereby predominate their school of policy.

Simply said, if the consensus is America was wrong on Iraq, then that means the paradigm of American leadership that manifested with Iraq is wrong. Which means the debate is done, your school of policy is obsoleted, and your advocacy is vestigial. On the other hand, if America was actually right on Iraq, then that means you are right to call for a corrective "dialogue" that discredits the 'Forever war' sloganeers and revitalizes the sort of principled resolute American leadership that manifested with Iraq before President Obama changed course.

As yet, the specious stigmatization of the Iraq intervention has been allowed to freely metastasize in the politics and thereby set the path for the inimical policy decisions criticized in your article. However, the false narrative is readily correctable with the incontrovertible set of law, policy, precedent, and facts that define OIF's justification.

As a layman, I can help model the substantive piece needed to clarify the Iraq issue but not compete the political piece. In the political arena, pundits like you are needed to lay the proper foundation for "a difficult but necessary debate".

I hope this recommendation reaches you. If you have questions about my work, please ask.



Related: Regarding pundits and David Brooks's "Saving the System" and Expanded list of responses to leaders, pundits, and other media.