Ken Lay is Innocent OK

by Daniel on July 20, 2004

Ken Lay, Jeffrey Skilling and Andrew Fastow will all shortly be going on trial for their liberty over the Enron bankruptcy fiasco. I have to say that it seems to me that it would be a little bit unfair if any of them were to go to jail in the current political climate.

I don’t know how this table will come out, I suspect not well ….

Who? Lay/Skilling/Fastow Bush/Blair/Howard
Why are people angry? They believe themselves to have lent money to a company based on misleading statements They believe themselves to have lent their support to a war based on misleading statements.
How much money did it cost? US$16bn US$ 84bn and rising
How many people died? 1 (J Clifford Baxter, vice-president, committed suicide) (to date): 896 American military, 61 British military, 60 other military , 112 contractors, upwards of 10,000 civilians.
What were the statements made that might be considered objectionable? “In 2000, Enron entered into transactions with the Related Party to hedge certain merchant investments and other assets. As part of the transactions, Enron […] transferred to the Entities assets valued at approximately $309 million, including a $50 million note payable and an investment in an entity that indirectly holds warrants convertible into common stock of an Enron equity method investee [….] Cash in these Entities of $172.6 million is invested in Enron demand notes” (Enron 2000 Report & Accounts) “Iraq’s military forces are able to use chemical and biological weapons, with command, control and logistical arrangements in place. The Iraqi military are able to deploy these weapons within forty five minutes of a decision to do so” (Blair)

,
“the Iraqi regime was required to destroy its weapons of mass destruction, to cease all development of such weapons, and to stop all support for terrorist groups. The Iraqi regime has violated all of those obligations. It possesses and produces chemical and biological weapons. It is seeking nuclear weapons.” (Bush),

“Well I would have to accept that if Iraq had genuinely disarmed, I couldn’t justify on its own a military invasion of Iraq to change the regime. I’ve never advocated that. Much in all as I despise the regime” (Howard)

What later turned out to be the case? … under generally accepted accounting principles, the note receivable should have been presented as a reduction to shareholders’ equity (similar to a shareholder loan). This treatment would have resulted in no net change to shareholders’ equity. The net effect of this initial accounting entry was to overstate both notes receivable and shareholders’ equity by approximately $172 million (Restatement of 1997-2000 accounts) “”Anyone out there holding – as I gather Prime Minister Blair has recently said – the prospect that, in fact, the Iraq Survey Group is going to unmask actual weapons of mass destruction, are really delusional, […] There is nothing there. There is a programme there. There was an intention of Saddam Hussein at some point to reconstitute it. […] There were clearly illegal activities, clear violations of UN Security Council resolutions. We have accumulated that evidence and really have accumulated that evidence to a considerable degree four months ago. […]There are not actual stockpiles of newly produced weapons of mass destruction.” (David Kay, BBC interview),

“Up to the middle of January 2003, my gut feeling was, “Yes, they have WMD.” But by then we were performing inspections at sites that had been given to us by intelligence [agencies]. In no case did we find any WMD—for the simple reason that there weren’t any, as it turns out. I’m not against intelligence, but it requires critical thinking. Take the much-talked-about British dossier of September 2002. I must say that when I saw the claim [that Iraqi WMD could be activated on 45 minutes’ notice], I thought, “Hey, isn’t this overselling it a bit?” If you are dealing with a question of going to war over this or not, and thousands of people will be killed, then my view as a citizen is that I would like our leaders to be a little less in advertising and a little more in reality. (Hans Blix, Newsweek interview)

What was the excuse for this discrepancy? “I can tell you in the — in the board of directors meeting that Arthur Andersen — it was represented that Arthur Andersen and the lawyers had looked at it, and Arthur Andersen and the lawyers thought that the structure of those partnerships was entirely appropriate” (Jeffrey Skilling, Larry King Live, Feb 2004) “”I gave a speech to the nation that was cleared by the intelligence services,” (Bush,

“The chief of defence staff and other people were saying well, we think we might have potential WMD finds here or there. Now these things didn’t actually come to anything in the end – but I don’t know is the answer.” Blair,

“History may, in the fullness of time, it might be demonstrated that the advice was inaccurate” (Howard)

So who’s responsible? “I take full responsibility for what happened at Enron,” said Mr. Lay, 62. “But saying that, I know in my mind that I did nothing criminal.”(Kenneth Lay, New York Times interview) “I don’t want to sound like I have made no mistakes. I’m confident I have.” (Bush)

“I accept full personal responsibility for the way the issue was presented and therefore any errors made.” (Blair)

And so on. I don’t wan to labour the point (the Sherron Watkins/Andrew Wilkie row has already been removed), but the point I want to make is pretty clear; in most other spheres of life, it is not considered acceptable to chop and change and decide which of your past statements were the “real reasons” you were offering. And in most walks of life, “taking responsibility” means carrying the can when things go wrong, rather than pushing blame off on your advisers. And in almost every walk of life except government, “good faith” is not a defence that will save you from criminal indictment.

Ken Lay must be looking at the Hutton and Butler reports and just weeping …

{ 46 comments }

1

Brian Weatherson 07.20.04 at 2:20 am

Just a small quibble. None of the 60 military fatalities classified as ‘other’ are Australian. I believe that the Australian army has had little involvement in Iraq – it’s mostly been navy and air – so we’ve been spared casualties on the ground.

2

Zak Catem 07.20.04 at 2:21 am

In the tables you’ve linked, the sixty casualties listed under ‘other’ are broken down by nationality at the bottom of the page. The word ‘australian’ does not appear. Am I looking at the wrong figures?

3

dsquared 07.20.04 at 2:26 am

ahem hum hum yes I’d been meaning to check that fact.

I would like to take full responsibility for that mistake, while simultaneously pointing out that Matthew Yglesias did not do a damn thing to prevent me from making it.

4

James Surowiecki 07.20.04 at 2:48 am

Daniel, Fastow has already pled guilty and been sentenced to 10 years in prison.

5

Adam 07.20.04 at 2:49 am

Re. the ’60 other military (mainly Australian’ deaths. Australia has not had any deaths.

Our 350 or so troops are patrolling the relatively safe embassy area in Baghdad, training air-traffic controllers and other humanitarian activities. The 60 deaths must be other Coalition member forces.

6

dsquared 07.20.04 at 2:56 am

Free Andrew Fastow!

I also take responsibility for that error. However I must reiterate that it is not as bad as some of the things that Saddam Hussein did.

7

q 07.20.04 at 3:08 am

Daniel-
Were you one of those irritating children that always insisted on pointing out the truth of the matter in the company of adults? (Emperor’s
New Clothes)

Keep QUIET you naughty boy!!! Grow up, learn the wisdom of bending the truth, and become something respectable like a lawyer or real estate agent.

8

dsquared 07.20.04 at 3:19 am

Given my actual profession (a securities analyst), my attitude to other people’s lies can perhaps be compared to the ringing condemnation that a brothel-owner might make about the incidence of street prostitution.

9

Casualty 07.20.04 at 3:39 am


(to date): 896 American military, 61 British military, 60 other military , 112 contractors, upwards of 10,000 civilians.

Now add the Iraqi military dead and you’re about there. (Not that I know any reliable source about that number. Guesstimate around 5k – 10k.)

10

asg 07.20.04 at 3:46 am

That “iraqbodycount.net” site is pretty rich, I gotta say.

11

John Hardy 07.20.04 at 4:14 am

Note that in the last row of the table Howard hasn’t seen it as necessary to even fake responsibilty. Such is the sorry state of Australian politics, alas.

12

roger 07.20.04 at 4:29 am

Is there a point here?

You could make up a similar table about every criminal offense in America in the last two years. If you are saying that it is wrong that some people go unpunished for behavior that other people are punished for, that is true enough now — and five years ago — and twenty five — and for ever and ever, world without end, amen. That’s a universal condemnation that leads to univeral amnesty. As far as I know, Bush wasn’t the first human to eat that devilish fruit in the garden…

Personally, I think Lay is lucky to be indicted. This will certainly delay civil suits against him. And it is hard to see how he could lose, given the case the prosecutors have outlined in public — i.e. one depending on the criminal intent involved in his stock sales. That looks pretty threadbare to me. Lay’s real crime was negligence of the type that should allow investors to pick his bones in suit after suit until the carcass has been sucked of all marrow. Skillings and Fastow, on the other hand, are a whole other dimension of wrongdoing. What they are falsely accusing Lay of, Skilling, for instance, did in spades — just find a recording of the speech he made about how Enron’s stock should move into the hundreds after Enron made their radical (boner) of a move into Broadband.

13

bad Jim 07.20.04 at 4:33 am

“it would be a little bit unfair if any of them were to go to jail”

Not at all. There’s no reason to rule out a future in which Bush is brought to trial for war crimes.

14

Walt Pohl 07.20.04 at 4:51 am

Bad Jim beat me to it, but yes: we will get around to Bush.

15

Sebastian Holsclaw 07.20.04 at 6:08 am

but yes: we will get around to Bush.

If ‘we’ is anyone other than the American people, I seriously doubt it. Unless you are advocating assassination. But since Europe couldn’t get around to that with obvious evils like Saddam, it would be rather indicative of your priorities.

16

bad Jim 07.20.04 at 9:54 am

What’s the line from Spider-man? “With great powers come great responsibilities.” There ought to be different standards of conduct for a third-world thug and the president of the United States.

17

Mrs Tilton 07.20.04 at 10:04 am

Given my actual profession (a securities analyst), my attitude to other people’s lies can perhaps be compared to the ringing condemnation that a brothel-owner might make about the incidence of street prostitution

Sell-side analyst, then, are you?

18

Eve Garrard 07.20.04 at 11:52 am

There’s a row missing from the table – Numbers Saved from Torture and Murder.

19

Sam Dodsworth 07.20.04 at 12:01 pm

Why, so there is. Would you care to provide those numbers? And explain their relevance?

20

Eve Garrard 07.20.04 at 1:19 pm

The figures I’ve come across for number of deaths caused by the Saddam regime range from 10,000 per annum to 70,000 per annum. If these are inaccurate I’d be glad to learn better. However even the lowest of them is still quite a lot of dead people. And then there’s all the people who got tortured but survived it.

Relevance? Well, dsquared is interested (rightly IMO) in morality as well as legality (see references to unfairness, real reasons, etc). If Enron had knowingly and intentionally saved 10,000 people (let alone 70,000) from torture and death I think it would affect my view of their moral standing. I don’t myself believe that these numbers are the only things that matter in the debate about the moral standing of Bush and Blair, or of the whole Iraq enterprise. But I can’t understand why anyone would think that they aren’t even relevant.

21

John Isbell 07.20.04 at 1:48 pm

For Blair overstating by 80x the numbers found by coalition troops in Iraqi mass graves, more than once, try Kevin Drum at Washington Monthly. The US repeated it.
It does rather put a dent in things, once again.

22

K 07.20.04 at 3:01 pm

This is perhaps the most jejune post on Crooked Timber yet.

23

praktike 07.20.04 at 3:15 pm

try using valign=”top” on some of those cells.

24

Kevin Donoghue 07.20.04 at 4:25 pm

“There’s a row missing from the table – Numbers Saved from Torture and Murder.”

Daniel has looked into this question (see his posts on Saddam’s Black Book). But if you adjust for murders-that-would-have-been then surely you also need to adjust for the losses which Enron investors would have made by investing elsewhere? There’s no end to it.

The really contentious part would be the rows forecasting future murders and the discounted costs of the next liberation.

25

Sam Dodsworth 07.20.04 at 4:33 pm

Eve:

I suppose that I have two points.

First, that the ‘number of people saved’ is essentially unknowable. The old regime wasn’t torturing and killing people at a uniform rate (most of the massacres happened in 1991) and wasn’t likely to operate at a uniform rate if we left them alone (if nothing else, I expect a lot of Bad Stuff would have come down when Saddam Hussein finally died or was deposed).

Second, that to focus on the number of people saved makes it look like you’re operating on the kind of bizarre utilitarian moral calculus that tries to decide if it it’s worth (say) killing a thousand children in order to prevent the torture of ten thousand adults, or vice-versa. I think that what you really mean is simply that you approve of Bush and Blair’s use of immoral means because you believe they were working towards a moral end, but balancing means against ends is just another example of the same kind of calculus.

26

harry 07.20.04 at 5:00 pm

Sam — you’re second point is unfair to eve — she is just playing Daniel’s game, which he set up, and asing for another factor to be considered, not saying that it should be the only, or even a decisive factor. She just says:

bq. If Enron had knowingly and intentionally saved 10,000 people (let alone 70,000) from torture and death I think it would affect my view of their moral standing. I don’t myself believe that these numbers are the only things that matter in the debate about the moral standing of Bush and Blair, or of the whole Iraq enterprise.

But eve, what about sam’s first point (compounded by kevin donoghue’s)? Saddam’s regime directly killed enormous numbers prior to the 1990 invasion of Iraq, and more in the aftermath of War I. The issue is the real projected deaths from March 2003 to… whatever our stopping point is. This does seem incredibly hard to know. I agree that’s no reason for leaving it out of the calculation, but it seems to me the pro-war side too frequently dodges the difficulty of making the projection.

27

q 07.20.04 at 5:28 pm

Why doesn’t the USA attack China? I am sure there are a lot human rights issues there. I suspect they have WMD as well.

Or am I missing the point?

28

Sam Dodsworth 07.20.04 at 6:20 pm

Harry:
The issue is the real projected deaths from March 2003 to… whatever our stopping point is.

And the projected real deaths (that is, additional deaths resulting from the invasion and occupation), if your stopping point is in the future. This is why I think the whole question is a red herring.

29

Eve Garrard 07.20.04 at 6:45 pm

Sam:
Your first point: the essential unknowability of counter-factuals (or the future) doesn’t stop us making guesses about them all the time, and indeed most of our actions couldn’t make sense if we didn’t do this – it’s not an optional extra. Making predictions about what hellish dictators will do is a fairly important activity, not one we can really give up on, whether or not we decide to go to war. I don’t share your rosy picture of what would have happened after Saddam’s death – the most likely scenario is that Uday or Qusay would have taken over, and their track record was already fairly horrific. The picture of Saddam or either of his terrible sons morphing into a benevolent leader of his docile happy people if we’d only just left them all alone is not a very plausible one.

Secondly, if I were the kind of rabid utilitarian you mention, I wouldn’t even allow the possibility of there being immoral means to a moral end. But as Harry has kindly pointed out, I did say I wasn’t. However even committed deontologists (not that I’m one of these either) allow that consequences make *some* difference to the moral status of actions, and indeed they’d be crazy not to. (And in any case quite a lot of the anti-war case prior to the invasion of Iraq was about the putative bad consequences that would accrue – we’re all inevitably trying to guess the future.)

Harry:
Yes, you’re absolutely right, my point was primarily that the consequences of leaving Saddam in power shouldn’t be ignored in any moral reckoning. And I entirely agree that the difficulty of working out the counter-factuals shouldn’t be ignored either. But surely this isn’t a problem exclusively for the pro-war party? Prior to the war predictions were made of hundreds of thousands of dead, and millions of refugees for the foreseeable future, weren’t they? The point here is not that these predictions were wrong, though many of them certainly were, but rather that the anti-war side was and is just as dependent on difficult predictions about the future as the pro-war side. And similarly with counter-factuals right now, such as the claim that Saddam would have grown old gracefully rather than murderously. I would prefer to see an anti-war case that acknowledged the importance of those saved from the torture chambers, and then set out to show why this wasn’t worth doing, or at least wasn’t the most important thing.

30

q 07.20.04 at 7:12 pm

Eve-
I am a liberal democrat, so the next time you have put all your “counter-factuals” “moral reckoning” and “guesses” into your brain, and turned the handle and come out with the case for war, please feel free to go ahead – grab your gun…fight your case. I think you will find there are some openings in Afghanistan and Uzbekistan.

BUT don’t claim to represent me. Don’t spend my (tax) money on killing people. And don’t moan to me when someone comes and murders your family. And certainly, don’t expect me to defend you….

31

Sam Dodsworth 07.20.04 at 7:13 pm

Eve:

(Just a quick clarification – more later.)

I don’t share your rosy picture of what would have happened after Saddam’s death.

This is not my view – I did actually say ‘Bad Stuff’ would probably have happened. My point was that it no more right to use the situation just before the invasion to count hypothetical deaths than it was to use the situation in 1991.

32

Eve Garrard 07.20.04 at 7:24 pm

Sorry, Sam, I misunderstood you, I thought you meant that given the non-uniform rate, the incidence of bad stuff would likely diminish and go down even further after Saddam’s death. My apologies.

33

dsquared 07.20.04 at 8:29 pm

The figures I’ve come across for number of deaths caused by the Saddam regime range from 10,000 per annum to 70,000 per annum. If these are inaccurate I’d be glad to learn better.

If you click on the symbol by my name in the top left corner, you’ll see a series of posts entitled “Saddam’s Black Book”. Your numbers are off by a factor of at least five.

Meanwhile, since we’re dealing in counterfactuals, I’m going to assume that the financial cost of the war would otherwise have been spelt on AIDS prevention and clean water programmes in Africa, thus adding another short million to the casualties of the war. Or something.

34

Sam Dodsworth 07.20.04 at 8:44 pm

Eve:

I absolutely agree that ‘counterfactuals’ are a problem for both sides. That’s why, when you suggested introducing some, I asked why you thought they were relevant. My point (or, at least, another view of the point I’m trying to get clear in my own mind) is that the game of ‘my counterfactual can beat up your counterfactual’ leads nowhere.

Which is why, of course, most of the arguments about the war have been about evidence and the presentation of evidence.

35

james 07.20.04 at 9:25 pm

Amnesty International lists deaths/murders attributed to Saddam at an estimated 290,000. Since the UN, EU, and US have let more numerous murders pass (Rwanda, Sierra Leone, Cambodia, Soviet Union, Sudan, etc.) it is apparent that the number of people killed is irrelevant.

It also stands to reason that the number of military deaths, while tragic, is secondary to the need/desire of the people for a specific outcome. A war, no matter how justified, is a failure if the need is to low, or the cost to high. This is a good explanation of why the US doesn’t go to war with China. The need is pretty non-existent and the cost is potentially global thermal nuclear war.

It is unlikely that Bush will ever face a trial for War Crimes. From a US point of view, only the US can charge a US citizen for war crimes.

Ken Laye is facing charges in the time honored tradition of corporate thieves. Steal large sums of money. Become popular with wall street. Get caught. Go to jail for a short time. Keep the money.

36

Eve Garrard 07.20.04 at 9:59 pm

Sam, I see no possibility whatever of purging our explanations and justifications of counterfactuals. Part of the point of the arguments about the evidence is that different accounts of the evidence support different counterfactuals, concerning what would have happened if we hadn’t gone to war in Iraq. Think of the people who died in the war in Iraq. Do you really think we know nothing at all about whether they’d have been alive or dead if the war hadn’t occurred? And isn’t that knowledge relevant to assessing the justifiability of the war? Whatever the problems with counterfactuals are, we have to live with them, and do the best we can.

37

George 07.20.04 at 11:13 pm

This talk about “counterfactuals” is silly. Of course we make some judgment about the possible consequences of different courses of action. How can we possibly evaluate the rightness or wrongness of an action (particularly one as large in scope as war) without doing so? It’s only in looking back at a decision already made that those alternatives become “counterfactuals.”

In my opinion, the decision to invade Iraq was the correct one at the time it was made. Even now, I think it was overwhelmingly the right thing to do. We’ve learned some things since 2003 (like the fact that there were apparently no WMD) and some things have not panned out as planned — yet. But we’ve also seen virtually none of the doomsday scenarios that critics cited before the invasion (humanitarian crises, famine, refugee floods, regional war) come to pass — again, yet. The critics were correct that these were risks; supporters were correct to think that these were manageable risks.

But enough of that; the real long-term consequences of the war won’t be known for years (although I think there’s more reason for optimism than pessimism). What’s at issue here is the decision to (1) invade, or (2) not invade. Do nothing. Leave Saddam in power. The sanctions regime had him in a box, after all, and he hadn’t launched a major offensive against his neighbors or his people in years. But the sanctions were fraying; France and Russia were actively working to dismantle them. So-called “smart sanctions” would have led to even weaker controls, and eventually Saddam (or worse, his psychopath sons) would have been out of the box, and back to his ways.

(And what of those sanctions anyway? Weren’t they the foremost lefty cause for most of the interwar years, blamed for killing hundreds of thousands of Iraqis? Those numbers were almost certainly wildly exaggerated, but the sanctions probably did hurt many Iraqis. By ending the sanctions regime, shouldn’t the war somehow “get” those numbers on its side of the ledger?)

Really, before the invasion I could understand how someone could be against it. (Most were against it for the wrong reasons, but still.) But now, looking back at the decision, and everything that has happened (or not happened) since, I cannot fathom how anyone can say with a straight face that the invasion of Iraq was not a good thing. Even if you don’t buy the whole “seeds of democracy” thing (as I do), the raw numbers are overwhelming: Saddam killed, on average, between 7,500 and 10,000 civilians a year and, again on average, between 75,000 and 100,000 soldiers a year [see NOTE below]. True, these figures weren’t consistent from year to year, but they weren’t an accident either; the Kurds, the Shiites, the Marsh Arabs, the Iranians, the Kuwaitis — Saddam was a serial offender, and it would take a fool to believe that he had somehow seen the error of his ways and decided to play nice for ever after. Against this put the death toll from the war, which at its most inflated comes to around 20,000 total. (By the way, I would second the commentor who implied that iraqbodycount.net’s figures are not reliable.) Iraq is still a violent place, but 90% of those deaths came before May 2003, when Bush told us — remember this? — that “major combat operations” were over. If anyone can plausibly argue that people will be killed on anything close to that scale in future years, as a direct result of the war, I’d like to hear the argument.

Thus we get, in the most grossly simplistic terms possible, the choice between (a) 82,500-110,000 deaths per year, on average, indefinitely, and (b) 20,000 deaths in one year. I think those numbers speak for themselves.

NOTE: These are the numbers I’ve seen, in reliable places like the LA Times. They are consistent with Eve’s figures of 10k-70k per year, and I have not seen these numbers credibly challenged. If these numbers are wrong — if the real numbers of people killed by the Saddam regime were in fact much smaller — that would put a big hole in my argument in favor of the war. I’ll have to look at Daniel’s links. In exchange, I’d suggest you all take a look at http://massgraves.info (all 56 pages of it) and remind yourselves what “never again” was supposed to mean.

38

George 07.20.04 at 11:42 pm

Okay, just read your post Saddam’s Black Book. Your reasoning is sound, and your position is a legitimate one. However, I would make two counterarguments.

First, your numbers leave out the two wars that Saddam instigated. The Iran war in particular is estimated to have killed 1.5 to 2 million people. That most of these (certainly not all) were soldiers, and not civilians, is an important distinction, but I think it becomes less important when you consider that this war was COMPLETELY unnecessary. Saddam started it out of sheer aggression, in an attempt to take advantage of Iran’s instability after the revolution. Thus I would say that those 1.5-2.0 million deaths can be pretty cleanly laid at Saddam’s door.

Second, I think it’s naive to think that an international coalition to oust Saddam would have eventually been put together. Of the UNSC nations that opposed the war, perhaps only Germany did so because they believed that it was premature. France, Russia and China would have NEVER consented to allow a US-led force to invade and occupy a nation in the Arab heartland. The war was lose-lose for them: it destroyed some of their best energy prospects, and it will (in the long run) enhance the power of the United States. To the extent any of them hinted that they might consent to action in the future, it was as a delaying tactic.

No, the historical moment for ridding the world of Saddam’s execrable regime was 2003, and we seized the moment. If we hadn’t, Saddam would have inevitably shucked off his UN shackles and gone back to doing what he did best: kill people. I don’t know when or what his next great act would have been, and I’m glad we don’t have to find out.

I apologize but I have to leave. If there are any responses to either of these two posts I will re-respond later this evening. Thanks.

39

nick 07.21.04 at 6:15 am

Saddam started it out of sheer aggression, in an attempt to take advantage of Iran’s instability after the revolution. Thus I would say that those 1.5-2.0 million deaths can be pretty cleanly laid at Saddam’s door.

Of course, it would muddy things to mention that the US vigorously egged Saddam on during those years, just to ensure that as much steam as possible was taken out of the Islamic revolution in Iran. Wouldn’t it?

Not so clean, really?

40

q 07.21.04 at 7:10 am

_I cannot fathom how anyone can say with a straight face that the invasion of Iraq was not a good thing._

George: My face is straight. The invasion of Iraq was not a good thing.

I don’t approve of the West playing video-games with other people’s lives. It is immoral. Nothing to fathom there.

41

George 07.21.04 at 5:22 pm

Nick:

If you can show that absent American support, Saddam would not have fought Iran for, what, 8 ruinous years, please do so.

And please, no pictures of Rumsfeld shaking Saddam’s hand, or I’ll have to follow with a picture of Carter shaking Kim Il Sung’s hand.

Q:

I believe you are incorrect about what is moral behavior. Acting has consequences; so does not acting. If you believe that acting in a certain situation will likely cost X lives, and not acting will likely cost 10 times X lives or more, it is immoral NOT to act. That’s hard math, but it’s the real world.

42

George 07.21.04 at 7:23 pm

Daniel:

This morning I had a blinding urge to procrastinate further, so I spent some time on your D2D site. Interesting stuff. Anyway I discovered your post from May 10 titled “It’s all our fault, by which I mean it’s all your fault”. Oddly, I think my positions above might let you categorize me in the “This War Now Is As Good As We’re Going To Get” Left. I could live with that — though I disagree with many of the positions you ascribe to such group, at least in degree, and in fact I disagree that the war has been prosecuted badly. I think it has been prosecuted rather smartly, for a war, especially given the postmodern rules of engagement. Granted, it didn’t look that way in April-May 2004, but it looks much more like that now. And my prediction is that in a few years, when US troops in Iraq are down to 20k or so and Iraqi political parties are gearing up for the second election, people will be scratching their heads wondering how that idiot Bush and his poodle Blair managed to pull off such remarkable results in Iraq (a nascent state in a country that has known nothing but totalitarianism for a generation) when everybody could see how badly they were bungling it every step of the way. Pure chance?

Incidentally, I am fascinated that you accuse war supporters of “ignor[ing] the practical consequences of [their] program.” Doubtless some do, but I think far more war OPPONENTS are guilty of the same. Strange that we could use the same data, and the same moral reasoning, to come to two opposite positions.

43

Ann 07.22.04 at 4:25 pm

Which parts of Bush’s statement were wrong (wrong in the sense that Bush knew or should have known at the time that they were incorrect)? Let’s go through the statement given:

“the Iraqi regime was required to destroy its weapons of mass destruction, to cease all development of such weapons, and to stop all support for terrorist groups. The Iraqi regime has violated all of those obligations. It possesses and produces chemical and biological weapons. It is seeking nuclear weapons.” (Bush)

1) Iraq clearly didn’t destroy all of its WMD – they’ve found at least 35 missiles or shells with sarin or mustard gas, according to the latest estimate, plus botulinum toxin, and they’re still looking. Granted, the stockpiles appear MUCH smaller than expected. But top Iraqi generals have said that each thought one of the other generals had the WMDs, and frontline commanders have said that each firmly believed that other frontline troups had WMDs and were prepared to use them. It’s not clear whether Saddam knew how many WMDs Iraq had, and we still don’t know for sure today what was there before the invasion. The only thing we know for sure today was that they had not all been destroyed.

2) Iraq clearly had not ceased all development of “such weapons” – the quote from David Kay confirms that the programs were there, ready to gear up as soon as they thought they could get away with it.

3) Iraq had not stopped all support for terrorist groups. There’s no evidence that they were actively involved in planning 9/11 (and Bush has never claimed that they were) but there’s plenty of evidence of ties with terrorist groups, including funding suicide bombers through big cash payments to the families.

Thus, the statement “The Iraqi regime has violated all of those obligations” appears correct, as does the statement: “It possesses and produces chemical and biological weapons” although, again, the stockpiles now appear to be MUCH smaller than expected.

Last, there’s been confirmation that “It is seeking nuclear weapons.” Regardless of Wilson’s spin, the Niger story seems to have been correct, plus Iraq paid North Korea $10 million in an effort to build nuclear capabilities. Iraq didn’t have substantial nuclear capability, but it was clearly seeking it.

Let’s stop the partisan sniping. If I’m wrong here, I want to know. Other than the fact that the WMD stockpiles were smaller than almost everyone (Republican and Democrat, American or non-American) expected, what “lies” or inaccuracies are in the Bush statement that was used?

As for the Blair “45 minute” quote, didn’t a British newspaper find the source of that intelligence after the war, and didn’t the source continue to insist that the claim was accurate? I’m not saying that the claim was correct, but for Westerners to know exactly what was going on inside Iraq seems a bit different from Ken Lay being expected to know what was going on in his own company.

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q 07.22.04 at 5:42 pm

First george says noone can seriously disagree with him (“_I cannot fathom how anyone can say with a straight face that the invasion of Iraq was not a good thing._”) then when someone does, he complains they don’t know the meaning of the words they use (“_you are incorrect about what is moral behavior_”).

Isn’t this some kind of Emporer’s New Clothes argument … “Look son, you just don’t UNDERSTAND invisible clothes” …?

Well george, may I politely suggest that you read up a bit on imperialism, but then maybe I am incorrect about what that is too? Then you will find the _fathom-ing_ is much easier.

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George 07.23.04 at 4:56 am

Q:

I did not say “no one can disagree with me,” I said I can’t understand how they could. Obviously, people do, and they have their reasons. I just find their reasons inadequate, usually.

Secondly, how could I possibly have been more polite regarding morality? You said “such and such is immoral.” I said I disagree. Can you not allow for that possibility? That’s exactly the trait you are projecting onto me.

Regarding imperialism, I could read more — who couldn’t? Then we could have a fascinating conversation on how the invasion and occupation of Iraq is or is not like the colonialism of a century or two ago, and whether that’s good or bad.

But that’s not the subject here, and you haven’t addressed a single thing that I said. Your counterargument amounts to “not!” This is why I don’t usually waste my time arguing on comment boards, and I won’t here any longer.

Seriously, there are good arguments to be made that invading Iraq was not a good idea — both from the perspective of today and that of early 2003. The proprietors of this blog, at least, seem interested in engaging in such arguments. You do not.

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q 07.23.04 at 8:06 am

Thanks george – _”Seriously, there are good arguments to be made that invading Iraq was not a good idea”_

I wholeheartedly agree with you.

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