iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Cynthia L. Cooper

GET UPDATES FROM Cynthia L. Cooper
 

Serious Business: President Bush and VP Cheney Should Take the Stand on War Lies

Posted: 04/ 3/2012 6:20 pm

Nine years ago, I encountered a man from Ohio on a flight from LaGuardia to the Akron-Canton Airport just as the Iraq War was starting. I wish I could talk to him again.

While sharing armrests but diverging on political leanings, we had a rather heated tête-à-tête about war in Iraq. He was firmly in favor of the war, and, in fact, wanted all the shock and awe the U.S. could deliver. He reasoned that Iraq was linked to al Qaeda and 9/11, and we couldn't let them get away with it.

I was fresh from the massive anti-war marches in New York and questioned the truth of any connection between Iraq and al Qaeda, although President Bush and Vice President Cheney had drawn the association with regularity. My seatmate's whole body leaned over to the right -- literally. "I feel so sorry for you," he said. "How cynical you must be to think that the president would lie."

Now, nine years later, I feel sorry for all of us. If only, like the Beatles' Revolution 9, played backwards by disc jockeys of the day, we could rewind this tune. The false statements and lies that were used by President Bush and his team to drive the nation to war and occupation in Iraq have caused immeasurable heartbreak with thousands upon thousands of lost and damaged lives -- U.S. and allies' personnel, Iraqi civilians and military, international journalists and bystanders. The financial costs to the U.S. have reached $800 billion, according to the American Progress Center's Iraq War Ledger, and the ticker is still going.

Now we know that President Bush and his team lied repeatedly -- investigative researchers at the Center for Public Integrity documented 935 false statements about Iraq in the two years after 9/11 (memorialized in a song by Harry Shearer). More than mere harmless "pants on fire" posturing, these statements violate the federal criminal law.

In Cheating Justice: How Bush and Cheney Attacked the Rule of Law, Plotted to Avoid Prosecution - and What We Can Do About It, I and co-author Elizabeth Holtzman describe a prima facie case for prosecuting President Bush and Vice President Cheney for conspiracy to deceive Congress under Sections 371 and 1001 of the federal criminal code.

Now that Bush and Cheney are now longer in office, the law can reckon with them on this and other outrageous incursions, such as wiretapping without warrants and torture. And prosecuting is a mighty good idea if we are to have a robust democracy down the road.

President Bush deceived Congress in two direct ways -- one was a speech; the other was a letter sent to Congress, stipulating that he had met the prerequisites set by Congress in order to launch a war into Iraq.

The speech came on January 28, 2003 : the State of the Union message personally delivered to both houses of Congress. Two-thirds of the speech was devoted to Iraq, and much of what the president said was simply false. It was here that President Bush asserted that Iraq was buying the uranium needed to build a nuclear weapon from a country in Africa. The "sixteen words," later retracted, were known to be untrue. Their deceptiveness was unmasked when former Ambassador Joseph Wilson wrote that he had traveled to Africa before the war at the behest of the Bush administration and had reported back that Iraq was not buying uranium. (As told in Fair Game, Wilson's statements spurred a vicious White House reaction targeting his wife, CIA agent Valerie Plame.)

President Bush also said that Iraq was procuring aluminum tubes for nuclear weapons, but that matter had already been dashed as wrong by the International Atomic Energy Agency, noted Joby Warrick in the Washington Post. Finally, President Bush said, as my Ohio seatmate parroted, that "Saddam Hussein aids and protects terrorists, including members of al Qaeda," but those connections that had been debunked immediately after 9/11 by counterterrorism expert Richard Clarke.

Things only got worse in the weeks after the State of the Union. Congress, as the branch of government charged with declaring war, had set stipulations in October 2002 that President Bush had to satisfy before a war could be launched in Iraq. Rather than meet them, the president flouted them. That is, he lied. On March 18, 2003, the president literally signed, sealed and delivered on letters stating that a war in Iraq was a "necessary" action against those who "planned, authorized, committed or aided the terrorist attacks that occurred on September 11, 2001." Not only was war not necessary, Iraq had not aided in the attacks of 9/11.

The president's letter also certified that Iraq posed a "continuing" threat to the U.S. As the president knew, it did not -- it had no weapons of mass destruction (WMD) and none were in development. The president admitted this to Prime Minister Tony Blair before the war, according to leaked British memos obtained by international lawyer and author Philippe Sands.

Piling on the false statements, the president stated in the letters, untruthfully, that "peaceful means" would not protect the U.S. But weapons inspectors were peacefully in Iraq and, while they had found no WMD, they were willing to continue to look. In addition, the president blew off the UN Security Council and refused to fulfill the requirement for a critical second resolution before going to war (it would have been vetoed). International lawyers objected vehemently to the rejection of this diplomatic process, and this has become an ongoing scandal in Britain, where the Iraq Inquiry has been taking testimony, much of it damning, on the start of the Iraq war.

Lying to the U.S. Congress is a federal crime under Section 1001 of the federal code, and working in concert with others to lie to Congress is prohibited by conspiracy laws under Section 371. These are not mothballed laws, but ones that are being used regularly to charge others with crimes. Former Yankees pitcher Roger Clemens was criminally charged for making a false statement to Congress in denying any use of steroids. The American League's 2002 Most Valuable Player Miguel Tejada pleaded guilty in 2009 to making a false statement to Congress about his knowledge of other players' use of banned substances. Of Tejada, Assistant U.S. Attorney Steve Durham said, "People have to know that when Congress asks questions, it's serious business. And if you don't tell the truth -- and we can prove you haven't told the truth -- then there will be accountability." Tejada was placed on probation, ordered to do 100 hours of community service and required to pay a fine of $5,000.

Not even that modest level of accountability has been applied to President Bush. Lying about knowledge of steroids is obviously a blip on the scale compared to lying about 9/11, WMD and the need for war. We still have had no clear explanation of why President Bush and his team drove the nation to war and occupation in Iraq; in fact, in his book, Decision Points, the former president said that he had no apologies even though no WMD were found, and he thought the world was better off for the war. He was completely oblivious to the suffering of so many who lost loved ones or were injured, displaced, tortured and permanently harmed.

We need to put any future president on notice -- now -- that lying to Congress about the need for war is serious business. Prosecution under the criminal laws of the United States is the best way to hold President Bush accountable. I'd like to find that man from Ohio; I think he'll agree -- we can't let him "get away with it."

 
Nine years ago, I encountered a man from Ohio on a flight from LaGuardia to the Akron-Canton Airport just as the Iraq War was starting. I wish I could talk to him again. While sharing armrests but di...
Nine years ago, I encountered a man from Ohio on a flight from LaGuardia to the Akron-Canton Airport just as the Iraq War was starting. I wish I could talk to him again. While sharing armrests but di...
 
 
  • Comments
  • 17
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
09:19 PM on 04/07/2012
Bush, Cheney, Rove, Armitage, Libby and company should be rotting in prison for crimes ranging from illegally getting us into the war to the outing of Valarie Plame. I thought things would get better quickly when President Obama took office but it has been painfully slow. I'm also ashamed of President Obama for not going after the group responsible for the war and leaking the identity of a CIA Covert Agent. It's too bad we didn't end up with Clinton as President rather than Secretary of State.
01:12 AM on 04/17/2012
Long overdue for Cheney to tell the truth about how he and W. manipulated us to go to war with Iraq.

http://query.nytimes.com/gst/fullpage.html?res=9E06E6D91731F934A15752C1A9639C8B63&pagewanted=all
01:17 PM on 04/05/2012
The entire BUSH Adminstration is guilty of war crimes against the Geneva Convention, and therefore all should be tried and HUNG for these crimes!! The doctrine of the Mangna Carta is the basis for the Geneva Convention, and stated that NO DICTATOR OR REGIME IS ABOVE THE LAW!!

HANG THEM ALL!!!!
photo
HUFFPOST SUPER USER
Bonney42
That's How I see it...........
12:43 AM on 04/05/2012
They lie that's what a president is for to sedate the masses. No words can be said about Cheney, now with a new heart an exorcism is probably not possible. When Republicans lie people die, when democrats lie they are satirized. As great as it is this is one CRAZY country, If Romney is the answer we will soon have more children, funny underwear and be stuck with our husband's for eternity. That could be ok but I know we would need space...........................
HUFFPOST SUPER USER
oldStory
Southern hippy man dreaming on
07:56 AM on 04/04/2012
Heartbreakingly apparent that there is no holding to account for these crimes and the ongoing damage. How much for the blind lady justice with the scale and that great rack that got tastefully covered for the sake of modesty? What incredible times those were and these are. A century begun with the "Fire Sale, It's a Fire Sale and everything must go!" supreme court decision crowning the shrub as our very own Napoleon and ending with the Citizen's United ruling making free speech another commodity like sugar or pork bellies. I remember the week the decision was handed down and the vote count in Florida was stopped, the mind overwhelmed by the treason, the bias, and the outright disaster of this action by the highest court in my country. It was as though all the pillars of justice and truth and years of honoring the tradition of the court in interpreting law and the constitution to make sure we get it right were knocked out from under the roof of the court and rather than collapsing on the judges as gravity and the weight of law fell down upon them, the roof held in mid-air, supported by the magic of some spell and the smiling faces of lawyers who did what they wanted because they wanted to. As Bush and Cheney invaded Iraq because they wanted to.
photo
Sahuaro
Molded by Gilligan, Steed, Darrin, 99, Spock, &Ayn
12:55 AM on 04/04/2012
Cynthia, since you've made this your mission in life, you ought to know. Where did the anthrax come from, and what happened to the mobile labs that Hussein denied?

I recall reading credible news reports that Iraq had weapons grade anthrax and mobile labs for making it . The labs were quickly found after the invasion. Do you have information that shows this was part of the lying, and if so, are these news agencies responsible as well?
10:14 AM on 04/04/2012
There was no anthrax and the "labs" were simple trailers incapable of being used as real labs.

http://www.washingtonpost.com/wp-dyn/content/article/2006/04/11/AR2006041101888.html
04:28 AM on 04/19/2012
There was no anthrax, no labs, no uranium from Niger, and no relationship between Al Qaeda and Saddam. It was all lies.

http://query.nytimes.com/gst/fullpage.html?res=9E06E6D91731F934A15752C1A9639C8B63&pagewanted=all
04:45 PM on 04/05/2012
Where is the evidence for that assertion?
photo
Sahuaro
Molded by Gilligan, Steed, Darrin, 99, Spock, &Ayn
10:06 PM on 04/05/2012
Royce's link before your reply answered my questions, and will probably answer yours as well.
04:30 AM on 04/19/2012
Read this: http://query.nytimes.com/gst/fullpage.html?res=9E06E6D91731F934A15752C1A9639C8B63&pagewanted=all

That was more than enough evidence.
photo
HUFFPOST SUPER USER
zorba4422
I thought to myself, hmmm
12:50 AM on 04/04/2012
Is a great article and I agree, George Bush and Dick Cheney should be charge and held accountable, Now, The question is .....Who? Who is going to make the move and set the charges in motion, when the Justices, majority of them are in the same hunting team..........It be a thrill, but I like to see someone taking the first step.
HUFFPOST SUPER USER
boycottrightwingthings
END WAR on women vote Dem 2014!
11:03 PM on 04/03/2012
Great Post and I agree that Bush and Cheney should be held accountable and brought into court.
photo
HUFFPOST COMMUNITY MODERATOR
tacevad
American SS Card Carrying Socialist
11:00 PM on 04/03/2012
the biggest disappointment I have had with President Obama has been his refusal to investigate the previous administration.
photo
HUFFPOST COMMUNITY MODERATOR
Dosadi
Political agnostic
09:49 PM on 04/03/2012
Ha! Whatever the people controlling the money want to do will be done.

If they want war to protect their interests they simply lie and tell us it is to protect our interests.

If they want tax cuts they will send lobbyists to Congress with threats of them being primaried and they always get what they want.

If they want to make money they will in spite of our protests for we mean nothing to them. They only need us to sweat in their factories and put money into 401k's so they can play with it and lose it with no risks to themselves.

They only need us to take out new loans so the banks can continue to own everything.

There is no use protesting or complaining because the solution to our problems is right in front of us. Unfortunately we, the people, are lemmings, we have no backbone and no gumption.  We are led by our noses into any devious plan the money interests desire. 

At this point in time there is only one way for we, the people, to stop it and that is by severe actions. The banks however could bring things right immediately by introducing debt forgiveness. It would sound like they would lose but they can't for there is no way to stop the money from flowing to the top. They may not get paid back as soon as they would like but they would get paid. And in the interim the people would have a chance to rebuild their economies and their wrecked lives.
photo
demisfine
Often correct, NEVER right.
09:09 PM on 04/03/2012
Thank you for the book and the article.
I wish the facts making the book necessary never happened, but I appreciate you having the courage and determination to bring the facts to light.
The Cons claim that "Democrats voted for the war" are the most enraging.
Yes, the democrats DID support the war.
Why???
Because they didn't think a President would LIE the nation in to war.
But it's all good.
Because, while the Nation was being bankrupted, W, Cheney and the Warhawks watched their portfolios swell.
No harm, no foul.
08:07 PM on 04/03/2012
Sorry, it will never happen. Shortly after the 2008 election, Obama met with a group of advisers, including the Dean of Boalt Hall School of Law (the same dean who defended John Yoo on the basis of "academic freedom"), all of whom advised that he give the intelligence community and the Pentagon carte blanche because he lacked foreign relations experience, so that he was "vulnerable" to Republican attacks based on national security. This was to include ignoring all demands for even an investigation into law breaking by the Bush administration. In other words, a group that included a number of lawyers advised a constitutional law professor that the rule of law was irrelevant because Obama had more important things to do as president.