Worse Than Watergate, p. 148:"...Congress wanted a formal determination submitted to it either before using force or within 48 hours of having done so, stating that the president had found that (1) further diplomatic means alone would not resolve the "continuing threat" (meaning WMD)
and (2) the military action was part of the overall response to terrorism,
including dealing with those involved in "the terrorist attacks that occurred on September 11, 2001." In short, Congress insisted that there be evidence of two points that were the centerpiece of Bush's argument for the war.
"On March 18, 2003, Bush sent his formal "determination" to Congress.... His letter merely tracked the exact language of the statute, making that language his determination."
___________________
Dean then describes the report submitted with the "determination" as bullshit. I don't want to quote any more of the book, but the upshot is this. The report relies upon supposed findings by Congress which did not exist. You can read the Adobe .pdf file here:
http://www.c-span.org/executive/presidential/Report107_243.pdfSince this is public domain, it's worth quoting the relevant part:
________________
In Public Law 107-243, Congress made a number of findings
concerning Iraq’s support for international terrorism. Among
other things, Congress determined that:
• Members of al Qaida, an organization bearing
responsibility for attacks on the United States, its
citizens, and interests, including the attacks that occurred
on September 11, 2001, are known to be in Iraq.
• Iraq continues to aid and harbor other international
terrorist organizations, including organizations that
threaten the lives and safety of United States citizens.
• 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, including through the use of force if necessary.
In addition, the Secretary of State’s address to the UN on
February 5, 2003 revealed a terrorist training area in
northeastern Iraq with ties to Iraqi intelligence and
activities of al Qaida affiliates in Baghdad. Public reports
indicate that Iraq is currently harboring senior members of
a terrorist network led by Abu Musab al-Zarqawi, a close al
Qaida associate. In addition, Iraq has provided training in
document forgery and explosives to al Qaida. Other terrorist
groups have been supported by Iraq over past years.
________________
Public Law 107-243 is the law that requires that the President investigate and make the report. The President, in turn, is quoting the preface of the public law as his justification. The supplemental evidence provided is total bullshit--seriously,
http://black-cat.fsbusiness.co.uk/bullshit.html">just ask the guy who delivered it to the United Nations. (And those "public reports" of Zarqawi in Iraq? I'm not much of a betting man, but if I could fire up the Lexis news search I'll bet I'd catch me a Fox.)
According to Dean, this constitutes a willful deception of Congress, which is an impeachable offense.
I have to drop in one more John Dean quote, just for you grizzled old Nixon-fighters who must have torn your hair out well before now. It's relevant, because he's describing the unresearched determinations that preface PL 107-243, which the president quoted back to Congress as his justification for going to war:
"These clauses are introductory or prefatory statements meaning "considering that" or "that being the case." They are, however, only legalese window dressing, opinions at best, and
not part of the operative provisions." (p.147)
Somewhere in Hell, Ron Ziegler is screaming.