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To: JohnM who wrote (22827)1/3/2004 4:03:20 PM
From: kumar  Respond to of 793624
 
Wanta predict that when Frist goes bellyup as majority leader, Santorum will take over?

Cant predict a timeframe on that one - both in terms of candidates and majority leader. My gut feel is, its "when", not "if"



To: JohnM who wrote (22827)1/3/2004 9:10:37 PM
From: LindyBill  Read Replies (1) | Respond to of 793624
 
One site I like I found last week is "Patterico's Pontifications," the writers there do a great job of analyzing the "Los Angeles Times." I had post the "Times" NAFTA article recently with a critique and send a letter to the Times and to Patterico's about it.

Patick Frey, one of the writers at "Patterico's," sent a reply today and posted an article at his site about it. You will notice their pet name for the "Times."

January 03, 2004
THE POWER OF THE JUMP
Another installment in our semi-regular feature, "The Power of the Jump," documenting examples of the Los Angeles Dog Trainer's use of its back pages to hide things it doesn't want you to see.

Reader LindyBill points me to a story from yesterday's Dog Trainer titled NAFTA 10 YEARS LATER: After Initial Boom, Mexico's Economy Goes Bust. The subhead reads: "Supporters say the free-trade zone has been a success, but critics point to the loss of jobs, factories and investment." The portion printed on the front page begins: "The heady early years of the North American Free Trade Agreement brought Oscar Garcia opportunities he had scarcely dreamed of." The story goes on to describe how Garcia's plant was shut down, and Garcia was laid off -- an example typical of the rest of the Mexican economy in recent years.

Anyone reading the front page only -- as most people do -- would come to the conclusion that NAFTA has done nothing to help Mexico, and indeed may have hurt it.

The intrepid reader who makes his way to page A36 will discover that any such impression has no basis in fact.

Once you have read the entire article, it is clear that the appropriate headline would have been something like this: "NAFTA Not a Cure-All for Mexico" -- with a sub-head reading: "Experts agree that NAFTA has brought investment to Mexico's economy, and benefits to Mexican consumers. But other countries have reaped more benefits from the lowering of trade barriers." But you have to read past the jump to learn the critical facts.

The second paragraph after the jump states: "Government officials and many economists insist NAFTA has been a success." (Note how economists -- not just NAFTA "supporters" as stated in the headline -- say the agreement has been successful.) The problem is that other countries (in particular China) have been more competitive as well -- because those countries have also benefited from the removal of trade barriers. As the article explains at page A36,

trade barriers have fallen around the world, devaluing Mexico's special status.
. . . .

But the biggest disappointment for some was that NAFTA did not shield Mexico from the broader forces of globalization.

One reason is that the special status conferred on Mexico by the treaty is no longer so special. Many other countries, including most Caribbean nations, now enjoy the same status. Textile and apparel companies have been moving from Mexico to lower-cost locales such as Honduras and Costa Rica for years.

A bigger blow to Mexican businesses was China's entry into the World Trade Organization in 2001, which meant Chinese products could easily enter North America. Although Chinese products are subject to duties, they still are often cheaper than Mexican goods.

. . . .

"Five years ago, Mexico was the logical place for manufacturers to go. Now China is logical," [economist Jonathan Heath] said.

In other words, the problem here is not that NAFTA didn't work for Mexico. Free trade (or "freer" trade, since many of these countries still pay some duties) just worked better for some other countries than it did for Mexico. Once Mexico was no longer unique in enjoying the benefits of free trade, it had to compete with other countries that could provide goods more efficiently:

"The issue is not whether Mexico is competitive. It is that other countries have become more competitive," said Alfredo Thorne, an economist at J.P. Morgan Chase & Co. in Mexico City. Competing in the world economy is like going up a down escalator, he said: "If you stop making progress, you lose ground."
Without NAFTA, Mexico would have been going down that escalator even more swiftly. Imagine how much worse off Mexico would have been without the following benefits:
NAFTA opened the door to $125 billion in foreign investment in hundreds of Mexican factories and offices. At the peak of its impact, NAFTA generated at least 2 million jobs in Mexico . . . .
. . . .

"The figures speak for themselves. Before NAFTA, foreign investment was $5 to $6 billion per year, and now it averages twice that, all because those companies saw opportunities in investing in Mexico," said Mauricio Gonzalez, an economist at the North American Development Bank in San Antonio.

"NAFTA was the most important economic development for Mexico in 20, maybe 50 years," said Jose de Jesus Valdez, president of the largest industrial trade association in Monterrey, Mexico's chief industrial city.

In late 1994, the trade accord's first year, a peso devaluation sent Mexico's economy into a deep recession. The devaluation slashed consumers' purchasing power, but it made the country even more attractive to foreign investors because it cut labor costs in dollar terms by nearly two-thirds.

Companies ranging from frozen food processors to makers of hotel bedspreads opened or expanded in Mexico. Ford, General Motors and other car makers invested billions of dollars in new or existing plants, and auto production grew to 1.9 million vehicles in 2000, twice the 1995 figure.

The growth of Mexico's auto industry was a special source of pride. The industry produces up to six jobs in supplies, services and transportation for each job on the assembly line. And the domestic production made cars more affordable for Mexicans.

Mexico's non-oil exports rose to $146 billion in 2002 — three times the pre-NAFTA level.

The trade pact also gave Mexicans access to a wider variety of goods, from banking services and beef cuts to cars and movies.

"The great surprise for Mexicans going shopping in Los Angeles is that supermarkets are the same as here," said Luis de la Calle, a former Mexican government official who is now a business consultant. "Ten years ago, the quality and variety of products on the shelves was less and prices were higher."

By opening the country to U.S. and Canadian imports, NAFTA also forced Mexican companies large and small to become more efficient and focused.

The economic benefits of NAFTA -- all listed on the back pages -- go on and on. Unfortunately, Mexico's competitive advantage from being one of the few countries with free trade did not last. But that is not NAFTA's fault. That is the nature of competition. Leaving the lazy readers with the impression that NAFTA is somehow to blame for the state of Mexico's economy is not responsible journalism
64.4.46.250



To: JohnM who wrote (22827)1/4/2004 1:18:59 AM
From: LindyBill  Respond to of 793624
 
Black Votes -- No GOP Fantasy

By Jonetta Rose Barras
Jonetta Rose Barras is author of "The Last of the Black Emperors: The Hollow Comeback of Marion Barry in the Age of New Black Leaders."
Sunday, January 4, 2004; Page B07
washingtonpost.com

Believing it has cornered the market on black voters, the Democratic Party may want to dismiss the GOP's announced goal of winning 25 percent of the African American vote in 2004. Democratic leaders may be correct in saying the feat can't be achieved in time for this year's presidential election. But the current political dynamics in black America do not bode well for the future; the Democratic Party could lose its good thing.

Consider: There has been a measurable rightward shift in the black electorate. In 2002 the Joint Center for Political and Economic Studies, a liberal think tank, asked black respondents in its national survey to identify themselves as either Democrats, independents or Republicans. Although 63 percent claimed to be Democrats, the number was down from 74 percent in 2000. The decrease occurred in nearly every age group, including among respondents 65 and older (where the drop was from 82 percent to 75 percent). There was a significant increase in those calling themselves independents, especially between the ages of 26 and 35. Respondents identifying themselves as Republicans also increased: Between ages 26 and 35, the share tripled, going from 5 percent in 2000 to 15 percent in 2002.

None of this is coincidental. More African Americans now have college degrees, ushering them into the middle class, shifting their values and priorities while prompting them to abandon the "blacks-as-victims" theology. Many low-income blacks have gained an appreciation for the opportunities provided by the free enterprise system and are rejecting the notion of government as savior. Meanwhile, there has been an emergence of a new generation of African Americans that exists in a multiracial, crossover world.

There is one more reason for the changes in affiliations: Some African Americans have accused the Democratic Party of practicing "plantation politics." They say that although blacks repeatedly are depended on to keep the party in elected office, African Americans often are overlooked for key leadership posts.

This growing dissatisfaction, coupled with demographic and philosophical changes, has translated into black support for selected Republican candidates. In the California recall election, Arnold Schwarzenegger won 17 percent of the African American vote. Michael Bloomberg won 22 percent of the black vote in his successful New York mayoral bid.

Further, the individuals whom African Americans elect from their own communities are less likely to fit the model of "old guard" civil rights leader or to hew to the far left wing of the party. Rather, the new leaders, exemplified by D.C. Mayor Anthony A. Williams and Rep. Artur Davis (D-Ala.), are centrists, advancing what some might call a cross-dressing agenda that includes conservative staples of education choice and family values. Interestingly, these individuals are not just the darlings of the younger generation; they also have attracted older African American voters.

The flexibility of the new generation of black leaders and the growing population of black independent voters has meant the development of unprecedented alliances with Republicans and conservatives. Davis, hoping to address the issue of affordable housing in his district, co-sponsored legislation with none other than Florida's Rep. Katherine Harris -- the former secretary of state whom many Democrats blame for their 2000 presidential defeat. Rep. Harold Ford Jr. (D-Tenn.) wasn't shy about joining forces with Rep. Jim DeMint (R-S.C.) when advocating changes in Social Security.

This budding transformation of black America has been underreported. It does appear, however, that Republicans have been paying close attention. They know what Democratic pollster Ron Lester knows: "Black political leadership is trending toward the Harold Fords and Artur Davises." In the short term, the Democratic Party probably can ignore the Republicans' planned 2004 hunt, especially given the animus of black voters toward President Bush. But Republicans understand foundation-building. Back in 1994, in a spectacular drubbing of Democrats in the House, conservatives laid the groundwork for the current political trifecta of a Republican-controlled House, Senate and White House.

If Democrats want to avoid an erosion of their African American base, they can start by opening the door for more and younger blacks to assume leadership posts, and by abandoning the outdated left-wing politics they seem intent on playing. Most important, they can stop navel-gazing and do what Republicans are doing: Pay attention to the evolving African American electorate.

© 2004 The Washington Post Company



To: JohnM who wrote (22827)1/4/2004 5:26:22 AM
From: LindyBill  Respond to of 793624
 
Anti-communism was viewed as proof of bad taste after Joe McCarthy – nasty and provincial. Academics even today get a free ride out of this sentiment

Communism's true believers won't give up

Robert Fulford
National Post

January 3, 2004
The faculty at Bard College, a liberal arts school at Annandale, NY, includes a scholar who glories in the title Alger Hiss Professor of Social Studies. Anyone aware that Hiss was a Washington bureaucrat who spied for the Soviet Union will consider this as sensible as a John Dillinger Chair in Business Ethics or a Jack the Ripper Chair in Criminology. But at Bard College no one is laughing, least of all the occupant of the chair, Joel Kovel, who believes the Soviets were never a threat to the Americans and that U.S. criticism of communism was the product of hysteria. His views resemble those of Hiss, and he's not lonely. Hard as it may be for outsiders to imagine, a lingering affection for communism remains part of American university life.

Elements of farce have been threaded through the history of this issue since the 1940s. Half a century ago, the late Leslie Fiedler, who had a nasty way of stating truths many of us would rather have avoided, remarked on the peculiar double bookkeeping of those who defended accused Soviet spies. They somehow found it comfortable to say both "They didn't do it -- it's a frame-up!" and "After all, they had a right; their hearts were pure."

History has played out precisely according to Fiedler's script. American leftists insisted for decades that Hiss was falsely condemned. When a mountain of evidence proved the case against him (and many others), the defenders began suggesting that maybe spying actually didn't matter. In the pages of The Nation, the innocence of Hiss was proclaimed obsessively for four decades. When that position finally became untenable, Victor Navasky, long-time editor of The Nation and now also a Columbia journalism professor, asked: "Espionage, is it really so wrong?" (If he'd thought of that 25 years earlier, his writers could have been saved the trouble of producing all those Hiss-exonerating articles.)

In the 1990s the American historian Eugene Genovese, having turned against Communism, wrote: "In a noble effort to liberate the human race from violence and oppression, we broke all records for mass slaughter ... we have a disquieting number of corpses to account for." But many historians have worked hard to avoid that moral accounting. Their studied, purposeful evasion of reality is the subject of a persuasive study by John Earl Haynes and Harvey Klehr, In Denial: Historians, Communism & Espionage (Encounter Books).

Haynes and Klehr have written books on American communists as they appeared in the Soviet archives and in the intercepted Venona transcripts from the 1940s. But despite everything, many other historians persist in showing American communists as good-hearted, noble citizens who often sacrificed themselves for a great ideal. It's like the romantic myth of the Old South, Haynes and Klehr argue, an attempt to cast a favourable light on a despicable cause by arguing for the nobility of those who pursued it. Haynes and Klehr also compare these historians to Holocaust deniers who invent fanciful explanations for damning evidence and ignore inconvenient testimony.

Even when these historians accept the newly re-affirmed facts, they may retain their old prejudices. Haynes and Klehr quote Gerda Lerner of the University of Wisconsin, who confessed two years ago that as a Communist she "wanted the Soviet Union to be a successful experiment in socialist democracy and so I checked my critical facilities ... It is easy to see now, in hindsight, that that was a serious mistake, but it was not so easy to see it then." (Actually, it was, for those who were not brain dead; but that's another issue.) It goes without saying, but Lerner says it anyway, that she continues to despise the United States. The fact that the communists were wrong about everything doesn't mean that the Americans were right about anything.

Long ago, Senator Joseph McCarthy did American communists the enormous favour of setting himself up as their enemy. He stamped anti-communism with his personality (which on his very best days was unappetizing) and it has never freed itself from his smarmy embrace.

When a young reader of today encounters an anti-communist opinion uttered in 1950 or 1960, the word "McCarthy" suddenly appears before the reader's eyes and the opinion is immediately discounted. This emerges at its clearest in the arts. If a young art critic, working through Clement Greenberg's criticism, discovers that Greenberg turned violently against Stalinism, that seems to prove that Greenberg (rather than being intelligent) was an opportunistic Cold Warrior. Young movie critics receive with their mother's milk the view that those who testified against communists before congressional committees (even great artists, such as Elia Kazan) were villains, while the mostly mediocre film people persecuted by Congress were heroes and martyrs.

Because of McCarthy, passionate anti-communism came to be considered proof of embarrassing bad taste. People considered it small-minded, nasty and provincial, like McCarthy himself. This attitude has never really changed. Today, despite the revelations of its monstrous crimes, communism still has many hard-working academics on its side, now labouring, without much opposition, to provide the old-time admirers of Moscow with the retroactive moral upgrade they continue to believe they deserve.
canada.com



To: JohnM who wrote (22827)1/5/2004 3:05:24 AM
From: LindyBill  Respond to of 793624
 
Zell Miller is having a ball!



CAMPAIGN 2004 Wall Street Journal

Memo to Terry McAwful
May the Democratic leaders get the anger they deserve.

BY ZELL MILLER
Mr. Miller, a Democratic senator from Georgia, is the author of "A National Party No More," just published by Smyth & Helwys.

Here are some recent headlines as I see them from the Democratic demolition derby: (1) Sharpton "feels good," could feel better; (2) Kerry cusses; (3) Dean gets "help" from Gore; (4) Democrats ask: "Mirror, mirror on the wall, who's the angriest one of all?"
(1) First, the Reverend "Ready for Prime Time." Conventional wisdom says native Southerners John Edwards and Wesley Clark and moderate Joe Lieberman will have the edge when the primaries move South. Don't count on it. I'd be willing to bet a steak dinner (mad cow or no mad cow) that Al Sharpton will get almost as many votes as Messrs. Edwards, Clark or Lieberman in this supposedly more friendly territory. (If they're still around, that is.) The last time there was an African-American in the primaries, Jesse Jackson blew everyone away, getting 96% of the African-American vote in the South, carrying Georgia, Virginia, Mississippi and Louisiana, and placing second in North Carolina, Florida, Maryland and Tennessee. It would be a tall order to match that. But Rev. Sharpton could do well because he's even more appealing than Rev. Jackson. While Jesse is sullen, Al is engaging. Can you imagine Rev. Jackson poking fun at himself? Can you imagine him on "Saturday Night Live" belting out James Brown's "I Feel Good" with a few cool moves?

Al Sharpton did a pretty good impression of the "Godfather of Soul." Of course, the rotund reverend has long been the "Godfather of Con." He's slick as a peeled onion. In just one short primary season, his timid fellow candidates and the even more timid media have erased the criminal Tawana Brawley shakedown. They've given this trickster who has never been elected dogcatcher a legitimacy he does not deserve: their Good Housekeeping Seal of Approval as a bona fide presidential candidate. So, get ready to start counting Rev. Sharpton's delegates. They will be impossible to ignore on national TV when the Democrats take center stage in Boston. Memo to Democratic Chairman Terry McAwful: It's called "reaping what you sow."

If you think this could not possibly happen, consider that not-too-distant history. Take the Georgia primary in 1988. Georgia's senior U.S. senator, governor, House speaker and largest newspaper endorsed Al Gore. Mr. Gore was running right of center, warning that a vote for Michael Dukakis would spell defeat for the Democrats. But Jesse Jackson won Georgia with 40%. Al Gore got 32% and Mr. Dukakis, who later would carry 10 states as the nominee, got 16%.

(2) Now to "Cussing Kerry." Like Alice, this campaign gets "curiouser and curiouser." What will those former Gore consultants try next? The electric blue spandex surfing bodysuit didn't work. The jeans and Harley Davidson didn't work. Chet Atkins turned in his grave at the senator's guitar picking. And now comes the F-word in Rolling Stone. My mouth ain't no prayer book, but John Kerry could have asked his pal Tom Harkin of Iowa how cussing went over with voters in 1992. Like a lead balloon. It's as if Mr. Kerry will do anything to appear the "coolest" in the Our Gang crowd. What's next? John Kerry wearing a baseball cap sideways?

(3) Howard Dean is a hard man to feel sorry for, he's just so cocky. But I'm feeling bad for him. He's worked hard to get where he is, including finding an honorable way to raise a lot of money. But there hasn't been a leader since Julius Caesar who's had more conspirators pretending to be his friend--but really wanting him dead--than suddenly Howard Dean has today. They want his Internet contributor list. They want his energy and spontaneity. They want his secret for tapping the young antiwar crowd. So they'll endorse him, pat him on the back with a few "atta boys," and secretly hope he loses.

I'm not sure what Al Gore will contribute. Is he going to advise Mr. Dean to roll down his shirtsleeves and put on a coat, preferably in earth tones? Will he teach him to speak in that stilted highfalutin way? Maybe he'll teach him how to win a Southern state. Like Tennessee.

(4) Now, about that anger. Most Democratic presidential primaries lean liberal, even in the South, and African-Americans play a huge role. In 2004, Democratic voters are going to be angrier than I've seen them since 1972. Like George McGovern in '72, Howard Dean has tapped into that anger. I think regrettably so, not only for the country but also for the party.

As this Park Avenue-born Vermont governor makes his maiden voyage South, with Southern strategist Al Gore beside him, I don't think he has to worry about pickup trucks or "God, guns and glory," as he puts it. Not in the primary, not this trip. But he should be forewarned. These folks are called "Value Voters." They go to church to seek salvation, not argue about bike paths. And they are just waiting to be heard from later. And they will be, loud and clear. And that's when you might hear certain folks really start cussin'.

Copyright © 2004 Dow Jones & Company, Inc. All Rights Reserved.



To: JohnM who wrote (22827)1/5/2004 4:36:29 AM
From: LindyBill  Respond to of 793624
 
Hmmm

Indiana Law Blog:
Ashcroft's Recusal: Avoiding Going After the Press. I just realized there is a third reason beyond the two of No Prosecution and Unexpected Criminals for Attorney-General Ashcroft's removing himself from the Plame Affair prosecution: He doesn't want to put reporters in jail. They hate him already for his politics and religiosity, and if he vigorously pursues an investigation in which reporters are the main witnesses, he will have to make reporters talk, which they don't want to do. The media will scream "Reporters jailed for contempt--- Nazi Tactics!" if he pursues the investigation, and "Officials allowed to leak without punishment--Nazi Tactics!" if he does not. How clever of the Democrats! But recusal gets him out of it. Here is what Time says.

It's plain that White House officials are under some pressure to sign the documents. "They can't refuse," said one individual who's familiar with the case. "The worst thing to be accused of here is not cooperating with the investigation." But reporters are not likely to feel the same pressure. Journalists rarely divulge the identities of confidential sources even when threatened with contempt citations so the releases may make little difference. Still, in a post-9/11 world, a case involving the disclosure of a covert agent's identity could be taken very seriously by a judge, who would have the power to jail a member of the press for refusing to cooperate with a grand jury.
For an administration that at times holds a very dim view of the press, the reputation of the Bush White House and the future of some of its officials may hang on the profession’s ethical standards.

This captures Ashcroft's problem. The White House is fully cooperative, and in any case an official who refused to talk could be jailed for contempt unless he took the Fifth. But journalists are uncooperative, and although they too could be jailed for contempt, they would claim their refusal to help a criminal investigation was "ethical", a matter of high duty rather than just the self-interest it is.
php.indiana.edu



To: JohnM who wrote (22827)1/5/2004 8:05:03 PM
From: LindyBill  Respond to of 793624
 
January 05, 2004, 9:06 a.m.
First Myths
Some on the right are getting the First Amendment wrong.
NRO
— Eugene Volokh teaches First Amendment law at UCLA School of Law, and runs "The Volokh Conspiracy," a weblog.

The liberals on the Supreme Court, and in universities, have been undermining the Framers' First Amendment handiwork. The Court's decision upholding campaign-finance restrictions show that Americans are losing the liberties that they've long enjoyed; likewise with the speech codes that some public universities have been instituting. And this loss of liberty stems from liberals' disdain for the text of the Constitution, and liberal judges' willingness to make law, instead of simply applying it. Soon we will lose the freedom of speech that Americans have long taken for granted.

That's the story I've been hearing from many of my conservative and libertarian correspondents. And it's just plain false.

1. First Amendment history. To begin with, it's false because it rests on myths about the past. For most of American history, speech was less constitutionally protected than it is today. There was never a time when "no law" meant "no law" and all speech was protected.

In the late 1700s, it wasn't even clear whether the First Amendment covered criminal punishment for politically incorrect speech. Many people argued that it applied only to "prior restraints," such as injunctions or prepublication censorship rule. Laws criminalizing speech after it's published, the argument went, were perfectly constitutional — even if, for instance, the laws banned criticism of the government. Only in the 1930s was it firmly settled that the First Amendment protects speech against criminal punishment.

In the late 1700s and early 1800s, courts routinely held that some antigovernment speech — even speech that wasn't directly inciting crime — was constitutionally unprotected. In many states, until the 1810s and 1820s truth wasn't a defense to criminal libel prosecutions. Even when it became a defense, it generally applied only when the statement was made with "good motives" and for "justifiable ends," however a judge or jury chose to interpret these vague phrases. Those limitations weren't eliminated until the 1960s.

In the first half of the 1800s, courts held that blasphemy could be outlawed, and blasphemy covered not just swearing but the offensive public denial of the truth of Christianity. Until the mid-1900s, judges routinely sent people to jail for publishing newspaper articles that criticized the judge's decisions. Until the mid-1900s, obscenity laws punished not just hard-core pornography, but serious literature as well as discussion of contraceptives.

Moreover, until the mid-1900s, the dominant view was that the government had virtually unlimited power over its own property and its own employees. Until recently, courts would probably have upheld campus speech codes simply on the grounds that public universities were completely free to sanction and expel students for any reason at all.

And modern free-speech protections were largely the work of Justices Oliver Wendell Holmes and Louis D. Brandeis, who were generally associated with the liberal wing of the Court on most issues; of FDR's liberal appointees to the Court; and of the notoriously liberal Warren Court. On today's Supreme Court, conservative Justices Anthony Kennedy and Clarence Thomas take a broad view of free speech, often broader than many of their liberal colleagues. But until the late 1980s, conservatives generally took the narrower view, not just on matters such a sex and flag desecration, but even on political and social advocacy.

2. First Amendment text. Nor are conservatives somehow inherently more pro-free-speech because of their respect for constitutional text. The text of the First Amendment sounds categorical — "Congress shall make no law...abridging the freedom of speech, or of the press" — but it can't be taken as a literal protection of all speech, all the time. Is Congress forbidden from restricting the use of loudspeakers in residential D.C. neighborhoods? Do people have a constitutional right to send death threats to the president, or publicly threaten other forms of terrorism? Would it be unconstitutional for Congress to provide that federal employees can lose their statutory civil-service protection for hurling insults at each other, or at patrons?

What about copyright laws, which restrict the right of the press to publish the words that it wants to publish? The First Amendment has been applied to the states, via the Fourteenth Amendment. Are states barred from enacting laws punishing libel, or false advertising?

Now there are ways to explain why these restrictions are constitutional. For instance, restricting the use of loudspeakers regulates the noise that speech causes, and not its content. Death threats, even if they aren't accompanied by any actual violence, aren't a valuable contribution to public debate, and are potentially very harmful. But while these are sensible distinctions, it's hardly mandated by the text. We can't just say "no law means no law" and resolve the problems that way.

Nor is the text particularly helpful even in the two examples that most worry many conservatives — campus speech codes and campaign finance. Campuses aren't "Congress." They are state agencies, and the Fourteenth Amendment does bar states from depriving people of "liberty" without "due process of law," or "mak[ing] or enforc[ing] any law which shall abridge the privileges or immunities of citizens of the United States." But it's far from clear that restricting what university students say denies them liberty without due process, or involves enforcing a law that abridges their privileges or immunities.

Likewise, restricting campaign contributions is not literally "abridging the freedom of speech." People are still free to speak. The law only limits their ability to give money to officeholders, candidates, and groups that are closely connected to them — just as federal rules have long limited people's ability to give gifts to officeholders, for fear that such gifts might be implicit bribes.

Naturally, such restrictions can still be assailed. I do think, for instance, that campus-speech codes are unconstitutional; and while I think limits on campaign contributions are constitutional, I think that limits on expenditures by corporations and unions should have been struck down. My point is simply that the argument against these restrictions must rely on more than the constitutional text.

3. Making up the law. This also shows the error of faulting liberal judges for "making up the law" in this area. Unfortunately, the First Amendment is so general that judges have to create legal rules that turn the broad words into concretely applicable law. Judges can't just rely on the text. They can't just rely on the original meaning, which is highly ambiguous. (As I mentioned, the Framers didn't even agree whether the First Amendment applied to subsequent punishments, or only to prior restraints.)

One can criticize judges for just making up constitutional guarantees that aren't mentioned in the Constitution at all. But here the Constitution does say something — but something very general. If it's to be enforced at all, judges have to give it specific meaning. And that's been part of our constitutional tradition since shortly after the Framing. Conservative and liberal judges alike have done this, as to various constitutional provisions, because they have to do it.

I'm delighted that many modern conservatives take a broad view of the First Amendment. But such a view shouldn't rest on myths about American history, about the supposed clarity of the constitutional text, or about the possibility of judges simply following the law, without making law in the process.


nationalreview.com



To: JohnM who wrote (22827)1/6/2004 11:58:49 PM
From: LindyBill  Respond to of 793624
 
Tom DeLay is "High Fiving" tonight! Seven more Republican Congressmen. Look for some more party switching.

January 7, 2004 - New York Times
Texas G.O.P. Is Victorious in Remapping
By RALPH BLUMENTHAL

HOUSTON, Jan. 6 — Republicans who redrew Texas Congressional districts last fall in an effort to gain seats won a crucial victory on Tuesday when a special three-judge federal panel in Austin found no constitutional grounds to intervene.

Barring any action by the Supreme Court, the Congressional campaigns this fall will be fought using the unfamiliar and sometimes tortuous new lines.

The judges ruled that there was no bar to mid-decade redistricting, even though redistricting normally occurs after the once-a-decade census. They also found that politics — not illegal racial discrimination — prompted the redrawing of district lines.

Twice last year, Democratic lawmakers, angered by the proposed redrawing, left the state to withhold quorums that would allow Republicans to pass the redistricting plan, which seemed likely to cost Democrats several seats in the Congressional delegation.

But the decision by the judges, Patrick Higginbotham, Lee Rosenthal and T. John Ward, pointedly noted that "we decide only the legality" of the plan "and not its wisdom." Judge Ward, moreover, partly dissented, arguing that in one district Hispanic voters were illegally disenfranchised and that the Legislature had to remedy the violations.

Justice Department officials cleared the map on Dec. 19, finding it consistent with the Voting Rights Act of 1965.

By some counts, Texas Democrats, who had held a 17-to-15 edge in the House until Representative Ralph M. Hall announced last week that he was joining the Republicans, could find themselves in a 23-to-9 minority.

The court ruled on four issues: whether Texas could redistrict mid-decade; whether the plan discriminated on the basis of race; whether it was an unconstitutional gerrymander; and whether it diluted the voting strengths of minorities. In all cases, the judges decided, it did not violate the Constitution. But they said, "Whether the Texas Legislature has acted in the best interest of Texas is a judgment that belongs to the people who elected the officials whose act is challenged in this case."

The decision sent candidates scrambling to prepare their filings in the newly redrawn districts by the deadline of Jan. 16.

Republicans from Gov. Rick Perry on down praised the ruling. Democrats denounced it, vowing to take the battle to the Supreme Court, which is already hearing a related Pennsylvania gerrymandering case that could have an effect on Texas.

Both sides were bruised by the vitriolic remapping battle in the Texas House and Senate. At the end of the legislative session in May, House Democrats, claiming a plot to lock them in for a vote, fled to Oklahoma.

Later, Senate Democrats thwarted two special sessions by going to Albuquerque. After one of their number broke ranks to provide a quorum, the others reluctantly followed for a third special session during which the Republican majority pushed through the redistricting bill.

Democrats and other critics of the redistricting plan then filed suit.

"The Legislature has fulfilled its constitutional responsibility," Governor Perry said after the judges' decision. The chairwoman of the Texas Republican Party, Tina Bensiker, said, "Our claims have been validated." Tom Reynolds, chairman of the National Republican Congressional Committee, called the ruling "a serious blow to the Democrats" and added, "It makes their already remote chances of taking back the House slimmer than ever."

Democrats accused Republicans of drawing districts to dilute the voting power of minorities. Representative Martin Frost of Dallas, a major target of Republican redistricters, said the court "effectively repealed the Voting Rights Act and turned back the clock on nearly 40 years of progress for minority Americans."

Representative Robert Menendez of New Jersey, chairman of the House Democratic Caucus, said the ruling "reinforces the Republican party's declaration of war against the Hispanic and African-American communities throughout Texas."

Richard Murray, director of the Center for Public Policy at the University of Houston, who testified in the case as an expert witness called by the Democrats, said he found that the remapping drained some votes from Representative Sheila Jackson Lee, a black Democrat from Houston. But he said the judges seemed persuaded that because other minority representatives gained, the plan was not discriminatory.

Copyright 2004 The New York Times Company



To: JohnM who wrote (22827)1/10/2004 3:51:18 PM
From: LindyBill  Read Replies (1) | Respond to of 793624
 
Ken Pollack explains it all.



The Atlantic Monthly | January/February 2004


Spies, Lies, and Weapons: What Went Wrong

How could we have been so far off in our estimates of Saddam Hussein's weapons programs? A leading Iraq expert and intelligence analyst in the Clinton Administration—whose book The Threatening Storm proved deeply influential in the run-up to the war—gives a detailed account of how and why we erred

by Kenneth M. Pollack

Let's start with one truth: last March, when the United States and its coalition partners invaded Iraq, the American public and much of the rest of the world believed that after Saddam Hussein's regime sank, a vast flotsam of weapons of mass destruction would bob to the surface. That, of course, has not been the case. In the words of David Kay, the principal adviser to the Iraq Survey Group (ISG), an organization created late last spring to search for prohibited weaponry, "I think all of us who entered Iraq expected the job of actually discovering deployed weapons to be easier than it has turned out to be." Many people are now asking very reasonable questions about why they were misled.

Democrats have typically accused the Bush Administration of exaggerating the threat posed by Iraq in order to justify an unnecessary war. Republicans have typically claimed that the fault lay with the CIA and the rest of the U.S. intelligence community, which they say overestimated the threat from Iraq—a claim that carries the unlikely implication that Bush's team might not have opted for war if it had understood that Saddam was not as dangerous as he seemed.

Both sides appear to be at least partly right. The intelligence community did overestimate the scope and progress of Iraq's WMD programs, although not to the extent that many people believe. The Administration stretched those estimates to make a case not only for going to war but for doing so at once, rather than taking the time to build regional and international support for military action.

This issue has some personal relevance for me. I began my career as a Persian Gulf military analyst at the CIA, where I saw an earlier generation of technical analysts mistakenly conclude that Saddam Hussein was much further away from having a nuclear weapon than the post-Gulf War inspections revealed. I later moved on to the National Security Council, where I served two tours, in 1995-1996 and 1999-2001. During the latter stint the intelligence community convinced me and the rest of the Clinton Administration that Saddam had reconstituted his WMD programs following the withdrawal of the UN inspectors, in 1998, and was only a matter of years away from having a nuclear weapon. In 2002 I wrote a book called The Threatening Storm: The Case for Invading Iraq, in which I argued that because all our other options had failed, the United States would ultimately have to go to war to remove Saddam before he acquired a functioning nuclear weapon. Thus it was with more than a little interest that I pondered the question of why we didn't find in Iraq what we were so certain we would.

What We Thought We Knew

he U.S. intelligence community's belief that Saddam was aggressively pursuing weapons of mass destruction pre-dated Bush's inauguration, and therefore cannot be attributed to political pressure. It was first advanced at the end of the 1990s, at a time when President Bill Clinton was trying to facilitate a peace agreement between Israel and the Palestinians and was hardly seeking assessments that the threat from Iraq was growing.

In congressional testimony in March of 2002 Robert Einhorn, Clinton's assistant secretary of state for nonproliferation, summed up the intelligence community's conclusions about Iraq at the end of the Clinton Administration:
"How close is the peril of Iraqi WMD? Today, or at most within a few months, Iraq could launch missile attacks with chemical or biological weapons against its neighbors (albeit attacks that would be ragged, inaccurate, and limited in size). Within four or five years it could have the capability to threaten most of the Middle East and parts of Europe with missiles armed with nuclear weapons containing fissile material produced indigenously—and to threaten U.S. territory with such weapons delivered by nonconventional means, such as commercial shipping containers. If it managed to get its hands on sufficient quantities of already produced fissile material, these threats could arrive much sooner."
In October of 2002 the National Intelligence Council, the highest analytical body in the U.S. intelligence community, issued a classified National Intelligence Estimate on Iraq's WMD, representing the consensus of the intelligence community. Although after the war some complained that the NIE had been a rush job, and that the NIC should have been more careful in its choice of language, in fact the report accurately reflected what intelligence analysts had been telling Clinton Administration officials like me for years in verbal briefings.

A declassified version of the 2002 NIE was released to the public in July of last year. Its principal conclusions:

"Iraq has continued its weapons of mass destruction (WMD) programs in defiance of UN resolutions and restrictions. Baghdad has chemical and biological weapons as well as missiles with ranges in excess of UN restrictions; if left unchecked, it probably will have a nuclear weapon during this decade." (The classified version of the NIE gave an estimate of five to seven years.)

"Since inspections ended in 1998, Iraq has maintained its chemical weapons effort, energized its missile program, and invested more heavily in biological weapons; most analysts assess [that] Iraq is reconstituting its nuclear weapons program."

"If Baghdad acquires sufficient weapons-grade fissile material from abroad, it could make a nuclear weapon within a year ... Without such material from abroad, Iraq probably would not be able to make a weapon until the last half of the decade."

"Baghdad has begun renewed production of chemical warfare agents, probably including mustard, sarin, cyclosarin, and VX ... Saddam probably has stocked a few hundred metric tons of CW agents."

"All key aspects—R&D, production, and weaponization—of Iraq's offensive BW [biological warfare] program are active and most elements are larger and more advanced than they were before the Gulf war ... Baghdad has established a large-scale, redundant, and concealed BW agent production capability, which includes mobile facilities; these facilities can evade detection, are highly survivable, and can exceed the production rates Iraq had prior to the Gulf war."

U.S. government analysts were not alone in these views. In the late spring of 2002 I participated in a Washington meeting about Iraqi WMD. Those present included nearly twenty former inspectors from the United Nations Special Commission (UNSCOM), the force established in 1991 to oversee the elimination of WMD in Iraq. One of the senior people put a question to the group: Did anyone in the room doubt that Iraq was currently operating a secret centrifuge plant? No one did. Three people added that they believed Iraq was also operating a secret calutron plant (a facility for separating uranium isotopes).

Other nations' intelligence services were similarly aligned with U.S. views. Somewhat remarkably, given how adamantly Germany would oppose the war, the German Federal Intelligence Service held the bleakest view of all, arguing that Iraq might be able to build a nuclear weapon within three years. Israel, Russia, Britain, China, and even France held positions similar to that of the United States; France's President Jacques Chirac told Time magazine last February, "There is a problem—the probable possession of weapons of mass destruction by an uncontrollable country, Iraq. The international community is right ... in having decided Iraq should be disarmed." In sum, no one doubted that Iraq had weapons of mass destruction.

What We Think We Know Now

ut it appears that Iraq may not have had any actual weapons of mass destruction. A number of caveats are in order. We do not yet have a complete picture of Iraq's WMD programs. Initial U.S. efforts to seek out WMD caches were badly lacking: an American artillery unit that had too few people for the task and virtually no plan of action had been hastily assigned the mission. Not surprisingly, its efforts garnered little useful information. According to Judith Miller, a New York Times reporter who was embedded with the unit, by mid-June—nearly two months after the end of major combat operations—the United States had interviewed only thirteen out of hundreds of Iraqi scientists. Documents relating to the programs are known to have been destroyed. Much of Iraq is yet to be explored; as David Kay, of the Iraq Survey Group, which took over the search for WMD in June, told Congress, only ten of Iraq's 130 major ammunition dumps had been thoroughly checked as of early October (the time of his testimony). Now that Saddam Hussein is in custody, it is possible that new information may be forthcoming, or that closemouthed Iraqis will offer fresh details.

Nevertheless, the preliminary findings of the ISG will probably not change dramatically, at least not in their broad contours. Kay summarized those findings in his October testimony.

Iraq had preserved some of its technological nuclear capability from before the Gulf War. However, no evidence suggested that Saddam had undertaken any significant steps after 1998 toward reconstituting the program to build nuclear weapons or to produce fissile material.

Little evidence surfaced that Iraq had continued to produce chemical weapons; only a minimal amount of clandestine research had been done on them. For instance, the production line at the Fallujah II facility (the plant that intelligence officers believed was Iraq's principal site for making chlorine, an ingredient in some chemical-warfare agents) turned out to be in derelict condition and had not operated since the Gulf War. Nevertheless, Iraqi officials seemed to believe that they could convert existing civilian pharmaceutical plants to chemical-weapons production, and that Saddam was interested in their ability to do so.

Iraq made determined efforts to retain some capabilities for biological warfare. It maintained an undeclared network of laboratories and other facilities within the apparatus of its security services, and as Kay put it, "this clandestine capability was suitable for preserving BW expertise, BW-capable facilities, and continuing R&D—all key elements for maintaining a capability for resuming BW production." To disguise its biological-warfare programs Baghdad had scientists working on overt projects that were closely related to proscribed activities.

Iraq seemed to have been most aggressive in pursuing proscribed missiles. In Kay's words, "detainees and cooperative sources indicate that beginning in 2000 Saddam ordered the development of ballistic missiles with ranges of at least [240 miles] and up to [620 miles] and that measures to conceal these projects from [UN inspectors] were initiated in late 2002, ahead of the arrival of inspectors." The Iraqis were also working on clustering liquid-fueled rocket engines in order to produce a longer-range missile, and were trying to convert certain surface-to-air missiles into surface-to-surface missiles with a range of 150 miles. Most troubling of all, the ISG uncovered evidence that from 1999 to 2002 Iraq had negotiated with North Korea to buy technology for No Dong missiles, which have a range of 800 miles.

Overall, these findings suggest that Iraq did retain prohibited WMD programs, but that those programs were not so extensive, advanced, or threatening as the National Intelligence Estimate maintained.

More-cautious analysts had argued that the NIE's assessment that Iraq had large stockpiles of chemical and biological weapons was unlikely, because such munitions deteriorate rapidly and can be quickly produced in bulk if production lines and precursor agents are available (making stockpiles unnecessary as well as inefficient). These analysts instead believed that Iraq had a "just-in-time" production capability—that it could churn out these weapons as needed, using hidden or dual-use facilities. But not even this more conservative scenario was borne out by the ISG's investigations. Sources told the group that Saddam and his son Uday had each, on separate occasions in 2001 and 2002, asked officials associated with Iraq's chemical-warfare program how long it would take to produce chemical agents and weapons. One official reportedly told Saddam that it would take six months to produce mustard gas (among the easiest such agents to manufacture); another told Uday that it would take two months to produce mustard gas and two years to produce sarin (a simple nerve agent). The questions do not suggest the presence of large stockpiles. The answers do not support a just-in-time capability.

The ISG's findings to date are most damning in the nuclear arena—as it happens, the segment of Iraq's WMD program in which the initial findings are most likely to be correct, because nuclear-weapons production is extremely difficult to conceal. The perceived nuclear threat was always the most disturbing one. The U.S. intelligence community's belief toward the end of the Clinton Administration that Iraq had reconstituted its nuclear program and was close to acquiring nuclear weapons led me and other Administration officials to support the idea of a full-scale invasion of Iraq, albeit not right away. The NIE's judgment to the same effect was the real linchpin of the Bush Administration's case for an invasion.

What we have found in Iraq since the invasion belies that judgment. Saddam did retain basic elements for a nuclear-weapons program and the desire to acquire such weapons at some point, but the program itself was dormant. Saddam had not ordered its resumption (although some reports suggest that he considered doing so in 2002). In all probability Iraq was considerably further from having a nuclear weapon than the five to seven years estimated in the classified version of the NIE.

The View From Baghdad

iguring out why we overestimated Iraq's WMD capabilities involves figuring out what the Iraqis, especially Saddam Hussein, were thinking and doing throughout the 1990s. The story starts right after the Gulf War. An Iraqi document that fell into the inspectors' hands revealed that in April of 1991 a high-level Iraqi committee had ordered many of the country's WMD activities to be hidden from UN inspectors, even though compliance with the inspections was a condition for the lifting of economic sanctions imposed after the invasion of Kuwait. The document was a report from a nuclear-weapons plant describing how it carried out this order. According to UNSCOM's final report, "The facility was instructed to remove evidence of the true activities at the facility, evacuate documents to hide sites, make physical alterations to the site to hide its true purpose, develop cover stories, and conduct mock inspections to prepare for UN inspectors."

A great deal of other information substantiates the idea that Saddam at first decided to try to keep a considerable portion of his WMD programs intact and hidden. His efforts probably included retaining some munitions, but mainly concerned production and research elements. In other words, Saddam did initially try to maintain a "just-in-time" capability. However, it became increasingly clear how difficult this would be. In the summer of 1991 inspectors tracked down and destroyed Saddam's calutrons. Their discoveries may have convinced him that he would have to put his WMD programs on hold until after the sanctions were lifted—something he reportedly thought would happen within a matter of months.

But the inspectors proved more tenacious and the international community more steadfast than the Iraqis had expected. Accordingly, from June of 1991 to May of 1992 Iraq unilaterally destroyed parts of its WMD programs (as we know from subsequent Iraqi admissions). This action appears to have served two purposes: It got rid of unnecessary munitions and secondary equipment that the inspectors might have found, which would have constituted proof of Iraqi noncompliance. And it helped Baghdad conceal more-important elements of the programs, because the regime could point to the unilateral destructions as evidence of cooperation and could claim that even more material had been destroyed. (Since the fall of Baghdad scientists have told the ISG that key equipment was in fact diverted from these destructions and hidden.)

In 1995 matters changed. That August, Hussein Kamel, Saddam's son-in-law and the head of Iraq's WMD programs, defected to Jordan, prompting a panicked Baghdad to hurriedly turn over hundreds of thousands of pages of new documentation to the United Nations. According to the former chief UN weapons inspector Rolf Ekeus, Kamel's statements and the Iraqi documents squared with what UNSCOM had been finding: although all actual weapons had been eliminated, either by the UN or in the earlier destructions, Iraq had preserved production and R&D programs. Although the Iraqis tried to withhold any highly incriminating documents from the UN (and, ridiculously, claimed that Kamel had been running the programs on his own, without anyone else's knowledge), in their rush they overlooked several containing crucial information about previously concealed aspects of the nuclear and biological programs.

Other secrets were laid bare that same year. A U.S.-UN sting operation caught the Iraqis trying to smuggle 115 missile gyroscopes through Jordan. (UN inspectors later found other gyroscopes hidden at the bottom of the Tigris River.) Iraq was forced to admit to the existence of a facility to build Scud-missile engines, and to destroy a hidden plant for manufacturing modified Scud missiles. It was also forced to admit to having made much greater progress on its nuclear program before the Gulf War than it had previously acknowledged. Most important, it was forced to admit that a very large biological-weapons plant at al-Hakim, whose existence had been concealed from UN inspectors, had produced 500,000 liters of biological agents in 1989 and 1990, and that it was still functional in 1995. Three years after this confession Lieutenant General Amer al-Saadi, Saddam's principal liaison with the UN, told inspectors that Iraq would offer no excuse or defense for having denied the existence of its biological-weapons program. He stated matter-of-factly that Iraq had made a political decision to conceal it.

Either late in 1995 or at some point in 1996 Saddam probably recognized that trying to retain his just-in-time capability had become counterproductive. The inspectors kept finding pieces of the programs, and each discovery pushed the lifting of the sanctions further into the future. It's important to keep in mind several other events of this period. Saddam's internal position was very shaky. He had faced disturbances in several of his most loyal Sunni tribes. In addition to Kamel, a number of high-ranking officials had defected to the West, including Saddam's chief of military intelligence, Wafic Samarai. Coup plots abounded. In 1995 the Kurds smashed two Iraqi infantry brigades at Irbil, humiliating the Iraqi army. In 1996 Iraqi intelligence uncovered a CIA-backed coup attempt whose participants had penetrated some of Saddam's most sensitive intelligence services. Iraq's economy was suffocating under the sanctions, and inflation was rampant. Given this precarious situation, Saddam probably decided to scale back his WMD programs (with the likely exception of work on proscribed missiles, which could be concealed by Iraq's permitted missile program) by destroying additional equipment, keeping the bare minimum needed to rebuild them at some point, in order to reduce the risk of further discoveries. This would have meant giving up the idea of just-in-time production capabilities and limiting his efforts to hiding documents and only key pieces of equipment. In short, Saddam switched from trying to hang on to the maximum production and research assets of his WMD programs to trying to keep only the minimum necessary to reconstitute the programs at some point after the sanctions had been lifted.

What Was Saddam Thinking?

aving decided to give up so much of his WMD capability, why didn't Saddam change his behavior toward the UN inspectors and demonstrate a spirit of candor and cooperation? Even after 1996 the Iraqis took a confrontational posture toward UNSCOM, fighting to prevent inspectors from going where they wanted to go and seeing what they wanted to see. The governments of the world inferred from this defiance that Saddam was still not complying with the UN resolutions, and the sanctions therefore stayed in place.

The first and most obvious answer is that Saddam still had some things to hide, and was fearful of their discovery. Although he did unquestionably have some things to hide, this answer is not entirely satisfying. Iraq was able to conceal the minimized remnants of its WMD programs so well that UNSCOM found little incriminating evidence in 1997 and 1998. This early success should have given Saddam the confidence to begin to cooperate more fully with the UN resolutions. But throughout the period leading up to the war Saddam remained as obstinate as ever.

An alternative explanation, offered by Iraq's former UN ambassador, Tariq Aziz, and other officials captured after last year's war, goes like this: Saddam was pretending to have WMD in order to enhance his prestige among the other Arab nations. This explanation doesn't ring completely true either. It is certainly the case that Saddam garnered a great deal of admiration from Arabs of many countries by appearing to have such weapons, and that he aspired to dominate the Arab world. But this theory assumes that he was willing to incur severe penalties for the UN's belief that he still had WMD without reaping any tangible benefits from actually having them. If prestige had been more important to him than the lifting of the sanctions, it would have been more logical and more in keeping with his character to simply retain all his WMD capabilities.

Saddam's behavior may have been driven by completely different considerations. Saddam has always evinced much greater concern for his internal position than for his external status. He has made any number of highly foolish foreign-policy decisions—for example, invading Kuwait and then deciding to stick around and fight the U.S.-led coalition—in response to domestic problems that he feared threatened his grip on power. The same forces may have been at work here; after all, ever since the Iran-Iraq war WMD had been an important element of Saddam's strength within Iraq. He used them against the Kurds in the late 1980s, and during the revolts that broke out after the Gulf War, he sent signals that he might use them against both the Kurds and the Shiites. He may have feared that if his internal adversaries realized that he no longer had the capability to use these weapons, they would try to move against him. In a similar vein, Saddam's standing among the Sunni elites who constituted his power base was linked to a great extent to his having made Iraq a regional power—which the elites saw as a product of Iraq's unconventional arsenal. Thus openly giving up his WMD could also have jeopardized his position with crucial supporters.

Furthermore, Saddam may have felt trapped by his initial reckoning that he could fool the UN inspectors and that the sanctions would be short-lived. Because of this mistaken calculation he had subjected Iraq to terrible hardships. Suddenly cooperating with the inspectors would have meant admitting to both his opponents and his supporters that his course of action had been a mistake and that, having now given up most of his WMD programs, he had devastated Iraqi society for no reason.

This suggests that in 1995-1996 Saddam took one of his famous gambles—gambles that almost never worked out for him. He chose not to "come clean" and cooperate with the UN for fear that this would make him look weak to both his domestic enemies and his domestic allies, either of whom might then have moved against him. But he would try to greatly diminish the chances that UNSCOM would find more evidence of his continuing noncompliance by reducing his WMD programs to the bare minimum, in hopes that the absence of evidence would lead to the lifting of sanctions—something he desperately sought in 1996.

In other respects Saddam's fortunes began to rise in 1996. Although the CIA-backed coup attempt may have signified internal weakness, the fact that Saddam snuffed it out, as he had many previous attempts, signified strength. Also, to avenge the Iraqi army's 1995 defeat at Irbil, Saddam manipulated infighting among the Kurds so as to allow his Republican Guards to drive into the city, smash the Kurd defenders, and arrest several hundred CIA-backed rebels. As the historian Amatzia Baram has persuasively argued in his book Building Toward Crisis (1998), these successes made Saddam feel secure enough to swallow his pride and accept UN Resolution 986, the oil-for-food program, which he had previously rejected as an infringement on Iraqi sovereignty. Oil-for-food turned out to be an enormous boon for the Iraqi economy, and commodity prices fell quickly, stabilizing the dinar.

The oil-for-food program itself gave Saddam clout to apply toward the lifting of the sanctions. Under Resolution 986 Iraq could choose to whom it would sell its oil and from whom it would buy its food and medicine. Baghdad could therefore reward cooperative states with contracts. Not surprisingly, France and Russia regularly topped the list of Iraq's oil-for-food partners. In addition, Iraq could set the prices—and since Saddam did not really care whether he was importing enough food and medicine for his people's needs, he could sell oil on the cheap and buy food and medicine at inflated prices as additional payoff to friendly governments. He made it clear that he wanted his trading partners to ignore Iraqi smuggling and try to get the sanctions lifted.

By 1997 the international environment had changed markedly, in ways that probably convinced Saddam that he didn't need to cooperate with the inspectors. The same international outcry—against the suffering inflicted by the Iraq sanctions—that prompted the United States to craft the oil-for-food deal was creating momentum for lifting the sanctions completely. At that point it was reasonable for Saddam to believe that in the not too distant future the sanctions either would be lifted or would be so undermined as to be effectively meaningless, and that he would never have to reveal the remaining elements of his WMD programs. Only in 2002, when the Bush Administration suddenly focused its attention on Iraq, would Saddam have had any reason to change this view. And then, according to a variety of Iraqi sources, he simply refused to believe that the Americans were serious and would actually invade.

Another explanation should be posited. This is the notion that Saddam did not order the program scaled down, but Iraqi scientists ensured that it did not progress and deceived Saddam into believing that it was much further along than it in fact was. Numerous Iraqi scientists have claimed that although Saddam ordered them to produce particular things for the WMD programs, they dragged their feet or found other ways to avoid delivering them. There is most likely a germ of truth to these stories: prevarication on the part of some Iraqi scientists may have helped to account for the modest state of Iraq's WMD programs in 2003. But they probably form only a part of the explanation. Many of the accounts of scientists' quietly thwarting Saddam are undoubtedly self-serving, concocted in the aftermath of his defeat. As we have heard time and again from Iraqi defectors, those who did not meet Saddam's demands risked torture and murder for themselves and their families. We have consistently found that in Saddam's Iraq very few people took that risk.

One last element may also have been at work all along: the possibility that Saddam genuinely feared that the inspections were a cover for a CIA campaign to overthrow or assassinate him. The Iraqis repeatedly cited this fear in denying UNSCOM access to certain "sensitive" sites—particularly palaces—that were associated with Saddam personally. The rest of the world assumed that it was merely an excuse to keep inspectors out of places that contained evidence of WMD programs. However, the Iraqis may have been telling the truth on this point (and the initial debriefing of Saddam lends some credence to this scenario). After all, as various sources have now disclosed, the United States did run a covert-action campaign against Saddam, starting in 1991, and U.S. intelligence did use UNSCOM operations (without UNSCOM's knowledge) to gather intelligence for that campaign.

End of Part one