CounterPunch
Powell's Case Against Iraq Flops
at UN
Heavy Belligerence,
Scant Evidence
by WILLIAM HUGHES
It was an embarrassing flop! What else could you
call Collin Powell's trying to play the celebrated attorney,
Johnny Cochran, at the UN, on Feb. 5th? There wasn't a single
piece of credible evidence produced, before the Security Council,
by the U.S. Secretary of State, to show that Iraq was in "material
breach" of UN Resolution 1441. None!
By drawing a parallel to an actual criminal
trial, one can see that what Powell did at the UN was make an
"Opening Statement." Now, every first year law student
knows that an "Opening Statement" is NOT evidence.
It is simply the preview of the prosecutor's evidence he "hopes"
to present through the witnesses at the trial in order to prove
his case.
In fact, at a real trial, the judge,
before introducing the opposing counsels, will instruct the jury
that what they are about to hear from the attorneys is NOT evidence.
The only evidence the jury is legally to consider is the evidence
that comes from the witnesses in the case. Those witnesses are
all subject to cross examination by counsel for the defense.
If those witnesses intend to introduce any physical evidence,
such as exhibits, then that evidence must be authenticated, and
approved by the court, prior to the jury hearing it.
None of these necessary procedural steps
were followed by Powell. It wasn't enough for him to have the
CIA spook, George Tenet, sitting behind him. Tenet, or one of
his flunkies, should have been called as a witness by Powell.
Absent that, the Security Council should have barred the admission
into evidence of any of the U.S.' highly-suspect exhibits. The
audio tapes, videos, and the photos, including the reputed "intelligence
sources," were all, on their face, hearsay evidence. And,
the only way they could have ever been lawfully admitted into
evidence, is if a witness was produced to verify each items'
accuracy; authenticity; the chain of custody; the relevance;
and, if necessary, the vocal identification of the speakers.
Nor are the charges against Iraq evidence
of any wrongdoing. They are simply the beliefs of the moving
parties, (in this case, it's really the U.S. and the United Kingdom,
and their silent partner, Israel,) that Iraq is allegedly hiding
"weapons of mass destruction" from the UN Inspectors.
The world must now wonder: "Where is that evidence?"
It is a cardinal principle of the law,
embodied in the Federal Rules of Evidence, (and followed by every
state in this country), that before an exhibit can legally be
considered by a jury, that it must be properly authenticated.
It order to do that, the moving party, in this case Powell, was
duty bound to present a witness. And, that witness, after being
properly sworn, and qualified as an expert in the field, must
testify, with personal knowledge, that the exhibit "is what
it is claimed to be."
For example, with respect to the photos
of the supposed "chemical munition bunkers," Powell
should have been required to produce a witness from the CIA,
or some other agency that had personal knowledge of those photos,
and who could have testified, under oath, that they were in fact,
what they "claimed to be." In addition, a representative
from Iraq should have been given the opportunity to cross exam
that witness about first, his qualification; and second and most
importantly, the truth, accuracy and relevance of his testimony.
This was not done.
All the Security Council heard was Powell's
unproved, speculative and highly circumstantial allegations against
Iraq. He certainly did not make a case to justify a war. What
he did demonstrate, however, is that the U.S. doesn't have any
"smoking gun." Taking all of these assertions at their
best, all Powell really has is hearsay, built on more hearsay,
built on lots of shaky suppositions. And, all of them together
don't pass the smell test.
Also, the glaring flaws in Powell's case
were spotlighted by his ridiculous and totally irrelevant charge
that Saddam has been aiding the al Qaeda Terror Network. First,
this allegation has nothing whatsoever to do with UN Resolution
1441, which deals with the WMD issue. And, to make matters worse,
It is a silly canard, that was recently raised by the Israeli
windbag, Ariel Sharon.
The great South African statesman, Nelson
Mandela, was right. He said that Powell's performance before
the UN, "undermined that agency," and only reflected
the U.S.' "belligerent policies against Iraq."
In summary, Powell's case against Iraq
was a big flop.
(C) William Hughes 2003
William Hughes
is the author of "Baltimore Iconoclast" (Writer's Showcase),
which is available online. He can be reached at liamhughes@mindspring.com.
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