The alleged $700 million transfer of funds to Iraq planning has everyone outraged, or so it seems. It’s a big deal, but I’m not sure it’s as clear cut as some think. It’s clear they diverted funds from one of the post-9/11 appropriations bills. They admit as much:
Military funding approved by Congress after 9/11 put no restrictions on how it could be spent, and Congress was aware of changes, one of the administration officials said. Woodward says that in July 2002, Bush allowed Army Gen. Tommy Franks to use $700 million that had been authorized for military use in Afghanistan for Iraq-related expenses instead. “Congress was totally in the dark on this,” Woodward told CBS.
From CAP‘s David Sirota:
BUSH REQUIRED TO TELL CONGRESS, EVEN IF HE USED THE 9/11 SUPPLEMENTAL: While the President was given discretion to direct $10 billion of the post-9/11 Emergency Supplemental bill, the legislation specifically obligated the President to “consult with the chairmen and ranking minority members of the Committees on Appropriations prior to the transfer” of any funds. In other words, the President was obligated to tell key congressional leaders of both parties anytime he moved money.
Sirota also talks about another bill the money could be taken from, but discounts it at the end because it’s signed into law after Woodward’s claimed date. So, they did have discretion to move money where ever, but only if they notified the Committees on Appropriations. Did they do that?
SENATE APPROPRIATIONS CHAIRMAN SAYS WHITE HOUSE NEVER NOTIFIED HIS COMMITTEE: Sen. Robert Byrd (D-WV), then-Chairman of the Senate Appropriations Committee which should have received notification, issued a statement on 4/20/04 saying “the Bush White House provided no consultations as required by law about its use of funds for preparation for a war in Iraq in advance of those funds being spent.”
Now, there’s some wiggle room in there. From another point made by Sirota:
BUSH DELIBERATELY USED VAGUE LANGUAGE IN DOCUMENTS TO HIDE SECRET MOVE: The White House issued two legally mandated updates to Congress about where supplemental funds were being spent. Both covered portions of the time Bush made his $700 million order. But in these documents, instead of telling Congress money was going to Iraq, the White House deliberately used vague and evasive language. For instance, in both of its updates to the Appropriations Committee, the Administration only said it had used monies for “increased situational awareness” and “increased worldwide posture” � and did not mention Iraq at all.
So, it appears they kinda did ask for it. Invasion planning for Iraq fits into both of those descriptions. However, it was obviously intended to mislead Congress.
For emergency expenses to respond to the terrorist attacks on the United States that occurred on September 11, 2001, to provide assistance to the victims of the attacks, and to deal with other consequences of the attacks
Now, Iraq, by the admission of the administration, had nothing to do with 9/11. Planning for an invasion of that country can’t be a response to the attacks. It seems to me that defenders will seize on this statment later in the bill:
…and to deal with other consequences of the attacks, $40,000,000,000, to remain available until expended, including for the costs of:…(2) providing support to counter, investigate, or prosecute domestic or international terrorism;…
They’ll say that Iraq has links to terrorism (probably claiming that it doesn’t have to be anti-American terrorism, just terrorism in general (like, say, Hamas)), so it’s fine. I don’t think that works, though. The options listed were put forth in the context of responding to 9/11. It depends on how narrow of view you want to take of it. Is it terrorism specifically linked to the 9/11 attacks? As in, Iraq isn’t linked to 9/11, so it doesn’t count? Or links the group that attacked us on 9/11: al Qaeda? That is something argued by the administration, but is dismissed by the intelligence community. Obviously, the White House has to have some backing for it, and they don’t appear to have it. At the very least, on something so controversial they should take it up separately with Congress. And of course, they knew it to be controversial and suspect, because they cloaked it with the generalities listed above.
So, we’ve established they clearly were misleading Congress. Did they lie? They came awfully close to it, but I think they can squirm away from it by pointing to those generalities and making a tenous argument that Iraq is connected to a terrorist group that perpetrated the attacks on 9/11. I don’t think any honest person would want to have to make those arguments.
EDIT: Reading some more on the bill, it appears they had to specify exactly where every thing was going; that’s how I read it, at least. Before I was thinking that they were given the money and given guidelines and that was it. So, the question of Iraq’s relation to terrorism bears less on this than I thought, but is still relevent if you’re deciding whether it’s appropriate to even ask for funding to plan the invasion.
EDIT 2: Salon has an article up, going over mostly the same stuff I did.