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Washington

Biden Brings in a Consultant

The Atlantic

www.theatlantic.com › ideas › archive › 2023 › 01 › jeffrey-zients-white-house-biden-chief-of-staff › 672808

For Joe Biden, an Irish American politician who grew up in the age of the Kennedys, family is the atomic unit of politics. Throughout his career, he has always leaned on his clan. His mother hosted coffee hours where she extolled her son during his first campaign. His sister, Valerie, has helped edit big speeches. The inner circle of advisers around Biden has been with him so long that its denizens have come to resemble family. His outgoing chief of staff, Ron Klain, first worked for Biden at the age of 28.

This week, Biden will formally announce Jeff Zients as Klain’s successor. Zients is a relative outsider in Bidenworld. Unlike Klain and the small handful of most influential White House aides, he hasn’t spent years learning Biden’s quirks and assimilating his theories of politics. He doesn’t have a rote mastery of the user’s manual for weathering Biden’s occasional bursts of anger or a second sense for when the boss won’t be budged from a deeply held position.

In most press accounts about the impending appointments, Zients’s primary bond to Biden is the time he spent as the White House COVID czar—an intense 15 months, during which they masterfully rolled out vaccines and then sometimes sputtered in their quest to vanquish the pandemic. But another experience will inform their relationship—a relationship that arguably will dictate the contours and determine the success of the last two years of Biden’s term.

[Read: Joe Biden’s invisible pandemic expert]

In March 2020, Biden began talking with his best friend, Ted Kaufman, about building his presidency. For decades, Kaufman had served as Biden’s senatorial chief of staff. Biden would take the train with him from Delaware to Washington most weekday mornings. Biden wanted Kaufman to spend the rest of 2020 running his transition—preparing for an administration that would have to confront a pandemic, a shaky economy, and a government ravaged by its previous inhabitant. But Kaufman, then 81, was retired, and actually writing a book about retirement. He told Biden that he could oversee the transition, but that he would find a manager to actually run it.  

For much of their adult lives, Kaufman spoke daily with Biden, and he kept good mental notes. He knew that Biden had almost mythical regard for a lesser-known player in the Obama administration, Jeff Zients, a management consultant and entrepreneur who had rescued the ill-designed healthcare.org website. In Biden’s view, Zients had saved the Affordable Care Act from one of the most humiliating IT disasters of all time. Because Kaufman remembered all the praise Biden heaped on Zients, he asked him to serve as the CEO of the presidential transition.  

Thanks to his background in consulting, the left has always viewed Zients with suspicion. (By contrast, the left regarded Klain as an ally; Elizabeth Warren and Bernie Sanders both had an easy relationship with him.) Based on demographics, as well as his data-driven quest for efficiency, it was fair to assume that Zients’s personal beliefs aligned more closely with the Democratic Party’s moderate wing.

But the transition showed that this critique doesn’t really capture who Zients is or how he works. Zients had two primary responsibilities. One required him to hire the Cabinet and the staff for the new administration. The transition created an organization known internally as the “Factory,” for its industrial aspirations. It managed to hire a record number of appointees (more than 1,000) who were in their seats on Inauguration Day.

For Zients, who obsesses over “talent”—both scouting for it and pondering the dimensions of the term—that task was nirvana. His operation followed all the conventional dictates of a modern human-relations operation, but also aspired to hire military veterans and to recruit from the Warren-Sanders wing of the party, where Biden didn’t have deep connections. Much of the day-to-day running of the Factory was actually executed by a longtime aide to Pramilla Jayapal, the head of the Congressional Progressive Caucus.

That reflected Zients’s professional provenance. Like any good consultant, he can sublimate his own predilections for the sake of his client. This quality also guided his approach to his second task. Zients needed to oversee the construction of the policy agenda for the early Biden administration—to prepare executive orders, to supply each appointee with marching orders, and to shape the substance of early legislation.

Despite the latent power inherent in such an assignment, Zients didn’t impose himself on the process. The transition distilled all of Biden’s speeches and debate performances into a canonical guide, called “The Promises Book.” The idea was that the Biden transition needed to rigorously stamp out the temptation for wonks to create their own preferred version of an agenda. Zients insisted that the transition hew to the professed desires of the candidate, never deviating without Biden’s permission.

[Franklin Foer: How Joe Biden wins again]

Because the candidate is supposed to focus on campaigning, not worrying about a presidency he hasn’t won, Zients’s team imported longtime Biden aides to help explain the principal to the staff. They outlined Biden’s feelings about, say, unions, making clear that his support was entrenched, essential to how he thought of himself as a politician, not lip service.

It was always clear that Ron Klain would become Biden’s first chief of staff. But it was always widely believed that Zients hoped to someday have that job. Zients will inhabit it differently than his predecessor did. Klain, a passionate presence in meetings, has strong opinions about how to govern. Through his Twitter account, he became a primary voice of the administration. And his every like and retweet was parsed to divine the administration’s course.

Where Klain rarely hesitates to steer into an argument, Zients cuts a more genteel presence. He loves to invoke managerial maxims. (He tells staff that they should “run over the hill,” by which he means they should err on the side of overreacting and overplanning.) Guided by acute emotional intelligence, he cultivates an aura of humility. He styles himself a mere facilitator, a problem solver who prefers to keep things simple by relentlessly focusing on the few things that matter. These instincts will now be tested in the legislative wilds, in the middle of a showdown over the debt ceiling, and potentially in the shadow of a reelection campaign. At a moment when his presidency could go stale, Biden has reached beyond his family.

Bob Bauer: The man behind Biden's classified documents strategy

CNN

www.cnn.com › 2023 › 01 › 23 › politics › bob-bauer-joe-biden-documents-strategy › index.html

President Joe Biden was facing the prospect of an imminent federal investigation after the discovery of classified documents at his former Washington office in November -- and it was up to Bob Bauer, his personal attorney, to break the news to the White House, two sources familiar with the matter said.

Man who rested feet on desk in Pelosi's office on Jan. 6 found guilty on 8 counts

CNN

www.cnn.com › 2023 › 01 › 23 › politics › richard-barnett-pelosi-office-january-6 › index.html

An Arkansas man who was infamously photographed putting his feet on a desk inside then-House Speaker Nancy Pelosi's office during the January 6, 2021, insurrection was found guilty on eight counts by a Washington, DC, jury Monday.

What to Expect When You’re Expecting Indictments

The Atlantic

www.theatlantic.com › ideas › archive › 2023 › 01 › indictment-donald-trump-fulton-georgia-mar-a-lago-documents-january-6 › 672800

At some point this year, perhaps as soon as this month, the former president of the United States may be charged with a serious crime. After a years-long elaborate dance with the law in which he usually stayed just one step ahead, Donald Trump now faces at least three serious investigations that could produce criminal charges. He denies wrongdoing in all cases, but many legal experts think that prosecutors have grounds to charge him and will. Others believe that Trump shouldn’t be charged, or that prosecutors might choose not to charge him even if they can.

What actually will happen is unpredictable. We don’t know what pieces of evidence—or even what investigations—might exist that aren’t public, we don’t know how prosecutors will wield the discretion the law affords them, and, of course, we don’t know how a jury might fall on any charges that end up being tried. But the mountains of evidence already before the public—about Trump’s attempt to overturn the 2020 election, about his handling of government documents, and about his previous interactions with the justice system—suggest a fierce conflict to come. “He has learned that due process is the Achilles’ heel of liberal democracy,” Paul Rosenzweig, a former federal prosecutor, told me. “He’s weaponized the court systems all of his life.”

[Read: The inevitable indictment of Donald Trump]

Despite all of the uncertainty, the information already available makes it possible to know what to watch for, or perhaps where to watch. Here is a field guide to the potential indictments of Donald Trump.

Fulton County

The first movement might come from an investigation in Fulton County, Georgia, which includes part of Atlanta. A special grand jury there conducted a lengthy investigation that began in June 2022 and concluded earlier this month. District Attorney Fani Willis requested the panel after audio emerged in January 2021 of Trump pressuring Georgia Secretary of State Brad Raffensperger to “find 11,780 votes” in the state, enough to surpass Joe Biden’s tally. The grand jury’s work is secret, but it has reportedly interviewed dozens of people, including Senator Lindsey Graham and the former Trump lawyer Rudy Giuliani. Willis appears to be interested not only in Trump’s pressure campaign against Raffensperger but also in a slate of fake electors who gathered in Georgia, and in various claims that Trump allies made about supposed election fraud.

The special grand jury, unlike a normal grand jury, cannot bring indictments; instead, it makes recommendations, and Willis would have to seek indictments from a normal grand jury. When the special grand jury completed its work, it requested that a judge make its report public. Judge Robert McBurney has scheduled a hearing for tomorrow, January 24, on that question, and opinions differ as to whether he is effectively required to release the report or might have discretion on timing. The report is expected to include recommendations for indictments and to reveal much of the scope of the investigation, so its possible release means that Willis is likely to seek charges soon, if she is not doing so already.

Willis would seem to have a wide range of charges she could bring against a range of defendants, but any charges against Trump would likely center on the Raffensperger call. “The tape is the tape and it’s pretty darn compelling by itself, and it looks like it would be the centerpiece of any charges,” Rosenzweig told me. Trump often speaks elliptically and avoids clearly implicating himself, but Barbara McQuade, a law professor at the University of Michigan and a former U.S. attorney, told me that the recording of the call, combined with evidence turned up by the House January 6 committee showing that Trump knew claims of fraud were false, provides both a clear act of wrongdoing and proof of criminal intent.

[David French: Georgia has a very strong case against Trump]

If Willis does want to charge Trump, she’ll have to decide whether to pursue discrete cases against individuals or a large racketeering case against many. She’s shown a fondness for the latter, most recently in a case against the rapper Young Thug, but a big case would be more complicated and messy, and it would require a huge investment of resources for a county prosecutor’s office. “The only thing worse than not prosecuting would be to bring charges and then to lose,” Anthony Michael Kreis, a law professor at Georgia State University, told me.

But the seriousness of the misconduct might push Willis toward charges despite the risk, and her approach so far suggests an eagerness for both the national spotlight and tough fights. It has also set public expectations. “She has to go up and answer to the voters of Fulton County, and if she doesn’t charge some of these folks for patent violations of Georgia law, she better have a damn good reason,” Kreis said.

Mar-a-Lago Documents

On paper—no pun intended—the probe into Donald Trump’s removal of documents from the White House should be much simpler than the Fulton County case as a matter of law and thus more straightforwardly likely to result in charges against him by the U.S. Department of Justice. It’s not just that Trump removed documents, including classified material; it’s that he repeatedly defied requests to return them and seems to have obstructed the government’s attempts to recover them. From public evidence, many experts view the case as cut-and-dried—legally, at least. “It certainly seems like the law is clear,” Rosenzweig told me. “There’s a relatively narrow, confined set of facts. Prosecutors tend to like small cases, not big cases.”

[David A. Graham: Trump opened Pandora’s prosecutorial box]

The simplicity of the law doesn’t mean the politics aren’t complicated. Charging a former president—and current presidential candidate—is always going to be more delicate than a typical criminal case. The case would likely have to be brought in Florida, where a jury might be more sympathetic to Trump than in Washington, D.C. Trump might also seek to shift blame to his lawyers, who represented to the government that all documents were returned, and he might succeed. These are all considerations for Jack Smith, whom Attorney General Merrick Garland appointed as special counsel in November to oversee the documents investigation as well as the January 6 probes.

And Smith’s considerations just got more complicated in recent weeks with the revelation that classified documents were found at Biden’s home in Delaware and his think tank at the University of Pennsylvania. Trump has already begun arguing that he is being persecuted for something that Biden also did. Factually, that’s wrong: We don’t know as much about the Biden documents, but there’s no sign of obstruction so far. Garland has appointed a separate special counsel to handle the Biden case, so any decision to charge or not charge him will be somewhat independent. “The cases are completely dissimilar,” Rosenzweig. “That would be stupid, but all you need is one stupid juror. Trials are stories, and there are no slam dunks.”

Charges, or even a conviction, against Trump on the documents case would be somewhat ironic. A man who has publicly committed far more egregious acts—including the two for which he was impeached—getting busted for stolen documents would be a little bit like Al Capone’s conviction for tax evasion. Still, a case would send the message that Trump is not above the law.

January 6

The most interesting case, and perhaps the most consequential for American democracy, involves Trump’s attempts to steal the 2020 election—something often shorthanded as “January 6” but that includes not just the riot that day but also the weeks-long paperwork coup that preceded it. Though Willis’s investigation captures one slice of that, her purview is also restricted to one state among the several where Trump tried to interfere with results. A federal case has the potential to really capture much of the scope of the former president’s plot against American democracy.

Delivering on that potential will not be easy. The scope is enormous: fake electors, the Justice Department mutiny, the actual January 6 riot, the pressure campaign against Mike Pence, and more, all united by the goal of keeping Trump in power despite the outcome of the election in Biden’s favor. Although the House committee uncovered a great deal of evidence, some of it is hearsay and thus not admissible in court, and although in common parlance Trump is clearly to blame, securing a conviction is still tough. “Even if in your heart of hearts you think he is guilty, can you get 12 strangers to agree?” McQuade asked.

[Read: The biggest takeaway from the January 6 report]

If Smith decides that charges are merited, he could try for a sweeping case—the better to punish the scope of the behavior—or go for something more targeted, which might feel less cathartic but be more likely to end with a conviction. He also has to consider the possible risks of a federal prosecution. “If you ask my opinion, I would say the substantial federal interest in protecting the lawful transfer of presidential power exceeds any collateral consequence,” McQuade said. “How egregious does it have to be before you charge a former president? I would draw the line somewhere before inciting an insurrection.”

Smith also has to watch the clock. On January 20, 2025, a new president could take office—possibly a Republican, perhaps even Trump—which would likely spell the end of any case against him. But Rosenzweig said Trump’s continued presence amplifies the need for accountability too. “If Trump had gone away and faded from the scene, we’d probably let him get away. The specter of indicting a former president is just too terrible,” he said. “But he and his party have made January 6 a rallying cry, and that is going to make it harder to say no.”

Manhattan

One enigma is an investigation by the Manhattan district attorney. That office recently obtained a conviction of the Trump Organization for tax fraud and other crimes. Previously, it had been investigating other allegations, including claims that the company paid hush money to a porn actor who said she had sex with Trump. That investigation appeared moribund—and its lead prosecutors left the office—but it has recently shown signs of life, including an interview with the estranged Trump fixer Michael Cohen and a warning to a former prosecutor that his book could hurt the probe. Little is clear about what charges, if any, could result, or when.

The Next Steps

Say one of these prosecutors does indict the former president of the United States. What happens next? Some answers are pretty clear; the really big ones are not.

If Trump is indicted, he’ll have to be booked and fingerprinted like any other defendant, whether that’s at the Fulton County jail or some federal courthouse. Don’t expect a dramatic perp walk with windbreakered FBI agents leading him, though. Trump’s lawyers would likely arrange a time for him to come in, and bail conditions would be agreed upon ahead of time, but he’d have to appear before a judge. Then would come a seemingly endless slog of procedural motions, legal maneuvers, and discovery—all elongated as much as possible by the defense to run out the clock, exhaust the government, or find weaknesses, and all appealed as often and as high as possible.

[David A. Graham: The tragedy of the Congress]

If a prosecutor actually managed to get to trial, they would then have the huge task of convicting Trump. Few will bring cases they don’t think they can win, but nothing is a sure bet. Even something as plain Trump’s call to Raffensperger might play differently in court, Titus Nichols, a defense attorney and former prosecutor in Georgia who represented the whistleblower Reality Winner, told me. “If a regular person had done that, they’d be indicted, no question,” he said. “When you’re a person with resources or you’re famous, then everyone wants to give you the benefit of the doubt.” Prosecutors might also manage to convict some lower-level players but not Trump.

If Trump is indicted and convicted, the charges are ones that could very well lead to incarceration, as Willis herself has noted. “If someone were convicted of one of these serious crimes, a prison sentence would be likely,” McQuade told me. But other observers think it’s doubtful that Trump will ever see the inside of a jail cell, given the complications and the length of probable appeals.

All of these considerations make for nearly impossible decisions for prosecutors. When I joked to Rosenzweig that he didn’t sound like he envied Jack Smith, he quickly corrected me. “I do envy him, in that he’s got a really exciting and interesting job, but I would not want to be him or Merrick Garland,” he said. “They’re damned if they do and damned if they don’t. Trump has broken the system, and there are no good choices.” For Garland and Smith—and Willis, too—the task is to find the least bad option, and then pursue it with care.

Fear, Power, and Hubris

The Atlantic

www.theatlantic.com › ideas › archive › 2023 › 01 › fear-power-and-hubris-bush-and-iraq-war › 672759

This story seems to be about:

At the Pentagon on the afternoon of 9/11, as the fires still burned and ambulances blared, Secretary of Defense Donald Rumsfeld returned from the smoke-filled courtyard to his office. His closest aide, Undersecretary Stephen Cambone, cryptically recorded the secretary’s thinking about Saddam Hussein and Osama (or Usama) bin Laden: “Hit S. H. @same time; Not only UBL; near term target needs—go massive—sweep it all up—need to do so to hit anything useful.”

The president did not agree. That night, when George W. Bush returned to Washington, his main concern was reassuring the nation, relieving its suffering, and inspiring hope. Informed that al-Qaeda was most likely responsible for the attack, he did not focus on Iraq. The next day, at meetings of the National Security Council, Rumsfeld and Deputy Secretary of Defense Paul Wolfowitz advocated action against Saddam Hussein. With no good targets in Afghanistan and no war plans to dislodge the Taliban, Defense officials thought Iraq might offer the best opportunity to demonstrate American resolve and resilience. Their arguments did not resonate with anyone present.

The following evening, however, President Bush encountered his outgoing counterterrorism expert, Richard Clarke, and several other aides outside the Situation Room in the White House. According to Clarke, the president said, “I want you, as soon as you can, to go back over everything, everything. See if Saddam did this. See if he’s linked in any way.” Clarke promised he would but insisted that al-Qaeda, not Hussein, was responsible. Then he muttered to his assistants, “Wolfowitz got to him.”

There is no real evidence that Wolfowitz did get to Bush. The president may have talked about attacking Iraq in a conversation with British Prime Minister Tony Blair on Friday, September 14. But when Wolfowitz raised the issue again at Camp David over the weekend, Bush made it clear that he did not think Hussein was linked to 9/11, and that Afghanistan was priority No. 1. His vice president, national security advisers, and CIA director were all in agreement.

[From the January/February 209 issue: The George W. Bush years]

Bush’s decision to invade Iraq was neither preconceived nor inevitable. It wasn’t about democracy, and it wasn’t about oil. It wasn’t about rectifying the decision of 1991, when the United States failed to overthrow Hussein, nor was it about getting even for the dictator’s attempt to assassinate Bush’s father, George H. W. Bush, in 1993. Rather, Bush and his advisers were motivated by their concerns with U.S. security. They urgently wanted to thwart any other possible attack on Americans, and they were determined to foreclose Hussein’s ability to use weapons of mass destruction to check the future exercise of American power in the Middle East.

Bush resolved to invade Iraq only after many months of high anxiety, a period in which hard-working, if overzealous, officials tried to parse intelligence that was incomplete and unreliable. Their excessive fear of Iraq was matched by an excessive preoccupation with American power. And they were unnerved, after 9/11’s shocking revelation of an unimagined vulnerability, by a sense that the nation’s credibility was eroding.

In Bush’s key speeches during the first week after 9/11, he did not dwell on Iraq. When reporters asked the president if he had a special message for Saddam Hussein, Bush spoke generically: “Anybody who harbors terrorists needs to fear the United States … The message to every country is, there will be a campaign against terrorist activity, a worldwide campaign.” When General Tommy Franks, the commander of U.S. forces in the Middle East, suggested to Bush that they begin military planning against Iraq, the president instructed him not to.

Rumsfeld and his top advisers remained more concerned about Iraq—a regime, wrote Undersecretary of Defense Douglas Feith on September 18, “that engages in and supports terrorism and otherwise threatens US vital interests.” But even they weren’t advocating a full-scale invasion. Instead, Wolfowitz favored seeding a Shia rebellion in the south, establishing an enclave or a liberation zone for organizing a provisional government, and denying Hussein control over the region’s oil. “If we’re capable of mounting an Afghan resistance against the Soviets,” Wolfowitz told me, “we could have been capable of mounting an Arab resistance.”

Bush was not entirely unsympathetic to this approach, but neither Rumsfeld nor Wolfowitz could persuade him to divert his attention from Afghanistan and the broader War on Terror. Wolfowitz deferred to Bush’s priority, ultimately helping devise the strategy that toppled the Taliban in Afghanistan. But he, Feith, and their civilian colleagues at the Pentagon did not relinquish the idea of regime change in Iraq. They were incensed by Hussein’s gloating over the 9/11 attack. And they were convinced that he was dangerous.

Bush’s attention did not gravitate to Iraq until the fall, after anthrax spores circulated through the U.S. mail, killing several postal workers, and turned up in a Senate office building and at a facility handling White House mail. On October 18, sensors inside the White House alerted staff to the presence of a deadly toxin; it was a false alarm, but one that intensified worries about an attack with biological or chemical weapons.

Bush and his advisers were troubled by what they thought they knew about Iraq, though assessing Hussein’s intentions and capabilities was difficult. The Iraqi dictator had expelled international inspectors in 1998, leaving the CIA unable to collect information. But analysts were convinced that Hussein could not be trusted to have destroyed all of the weapons of mass destruction he’d previously possessed. Their suspicions were reinforced when an Iraqi defector claimed that Iraq had established mobile biological-weapons-production plants and now possessed “capabilities surpassing the pre–Gulf War era.”

[From the January/February 2004 issue: Spies, lies, and weapons: what went wrong]

Michael Morell, the president’s CIA briefer, insisted to me that someone reexamining the available evidence at the time would still conclude that Hussein “had a chemical-weapons capability, that he had chemical weapons stockpiled, that he had a biological-weapons-production capability, and he was restarting a nuclear program. Today you would come to that judgment based on what was on that table.” But what was on the table, Morell told me, was circumstantial and suspect, much of it coming from Iraqi Kurdish foes of the regime. Morell acknowledged that he should have said, “Mr. President, here is what we think … But what you really need to know is that we have low confidence in that judgment and here is why.” Instead, Morell was telling the president that Hussein “had a chemical-weapons program. He’s got a biological-weapons-production capability.”

Bush and his top advisers were predisposed to think that Hussein had weapons of mass destruction. This was true not only of the hawks in the administration. Secretary of State Colin Powell and National Security Adviser Condoleezza Rice believed that Hussein possessed WMDs. So did State Department analysts and their counterparts in the CIA and at the National Security Agency. They disagreed about the purpose of aluminum tubes and about Iraq’s acquisition of uranium yellowcake, and they were aware that Hussein would need five to seven years to develop a nuclear weapon once the regime began working on it again. Nevertheless, they thought they knew that Iraq had biological and chemical weapons, or could develop them quickly, and that Hussein aspired to reconstitute a nuclear program.

Foreign-intelligence partners concurred. Tony Blair and his most trusted advisers felt the same way. Nobody told Bush that Hussein did not have WMDs.

Hussein had been seriously hampered by sanctions and the presence of inspectors. But now the inspectors were gone, and the sanctions were disappearing. The conundrum facing U.S. policy makers was how to contain Hussein if the sanctions regime ended and if United Nations monitors did not return. “I wasn’t worried about what he would do in 2001,” Wolfowitz told me. “I was worried about what he would do in 2010 if the existing containment … collapsed.”

Hussein was not doing much to allay American fears. He was using his oil revenues to leverage support from France, China, and Russia to end UN sanctions. He had not ceased providing support for terrorist activity in Kuwait and Saudi Arabia, some of which targeted American aid workers. And reports of his pervasive repressions inside Iraq persisted.

[Read: Britain’s Iraq war reckoning]

At the same time, Hussein was investing his growing financial reserves in strengthening Iraq’s military-industrial complex and acquiring materials that could be used for chemical and biological weapons. According to British intelligence, the Iraqis were still concealing information about 31,000 chemical munitions, 4,000 tons of chemicals that could be used for weapons, and large quantities of material that could be employed for the production of biological weapons.

Such assessments held through the winter. “Iraq continues to pursue its WMD programmes,” concluded the British Joint Intelligence Committee in February 2002. “If it has not already done so, Iraq could produce significant quantities of biological warfare agents within days and chemical warfare agents within weeks of a decision to do so.”

“I have no doubt we need to deal with Saddam,” Blair had written to Bush in the fall of 2001. But if we “hit Iraq now,” Blair had warned, “we would lose the Arab world, Russia, probably half the EU and my fear is the impact on Pakistan.” Far better to deliberate quietly and avoid public debate “until we know exactly what we want to do; and how we can do it.” Bush agreed.

“President Bush believed,” Rumsfeld subsequently wrote, “that the key to successful diplomacy with Saddam was a credible threat of military action. We hoped that the process of moving an increasing number of American forces into a position where they could attack Iraq might convince the Iraqis to end their defiance.” As Stephen Hadley, the deputy national security adviser during Bush’s first term, told me: “We thought it would coerce him … to do what the international community asked, which is either destroy the WMD or show us that you destroyed it. That was it. Either do it or, if you’ve already done it, show it, prove it.”

Bush wanted to use the threat of force to resume inspections and gain confidence that Iraq did not possess WMDs that might fall into the hands of terrorists or be used to blackmail the U.S. in the future. But he also wanted to use the threat of force to remove Hussein from power. He did not really know which of these goals had priority. He never clearly sorted out these overlapping yet conflicting impulses, even as each seemed to become more compelling.

“The best way to get Saddam to come into compliance with UN demands,” wrote Cheney in his memoir, In My Time, “was to convince him we would use force.” Prominent Democrats did not disagree. In early February 2002, Senator Joseph Biden, the Democratic chair of the Foreign Relations Committee, held hearings dealing with the State Department’s request for the 2003 budget. Secretary Powell emphasized that the War on Terror was his No. 1 priority. There were regimes, Powell said, that not only supported terror but were developing WMDs. They “could provide the wherewithal to terrorist organizations to use these sorts of things against us.”

Biden asked whether this meant that the president was announcing a new policy of preemption, as foreign allies thought he was doing. After Powell denied this allegation, Biden proclaimed his own fears about the proliferation of WMDs, especially in Iraq. “I happen to be one that thinks that one way or another Saddam has got to go and it is likely to be required to have U.S. force to have him go,” he said. “The question is how to do it, in my view, not if to do it.”

Intelligence reports over the following months did not ease Bush’s anxieties. What alarmed the president was new information that al-Qaeda was seeking biological and chemical weapons, alongside the knowledge that Iraq had had them and used them.

In late May 2002, analysts reported that al-Qaeda operatives were moving into Baghdad, including the high-ranking jihadist Abu Musab al-Zarqawi. “Other individuals associated with al-Qaida,” the head of the State Department’s intelligence office informed Powell, “are operating in Baghdad and are in contact with colleagues who, in turn, may be more directly involved in attack planning.” Since 9/11, there had been little al-Qaeda activity in Iraq, and experts disagreed about the nature of the relationship between the Iraqi dictator and Osama bin Laden. Hardly anyone thought Iraq had anything to do with 9/11, but, according to a postwar Senate investigation, there were “a dozen or so reports of varying reliability mentioning the involvement of Iraq or Iraqi nationals in al-Qa’ida’s efforts to obtain” chemical- and biological-warfare training.

[From the July/August 2006 issue: The short, violent life of Abu Musab al-Zarqawi]

Al-Zarqawi was a known terrorist, a Jordanian who had fought in Afghanistan, met with bin Laden, and managed his own training camps in Herat. Already notorious for his toughness, radicalism, and barbarity, he lusted to wreak revenge on Americans. Reports of al-Zarqawi’s presence in Iraq came shortly before U.S. policy makers received information about an Iraqi procurement agent’s activity in Australia. Allegedly, this agent was seeking to buy GPS software that would allow the regime to map American cities. Might the Iraqi dictator be plotting a WMD attack inside the United States?  

Al-Zarqawi was also collaborating with Ansar al-Islam, an Islamist extremist group that was battling a mainline Kurdish party for control of northeastern Iraq. A small CIA team had infiltrated the region near the city of Khurmal and reported in July that al-Zarqawi had begun experimenting with biological and chemical agents that terrorists could put in ventilation systems. According to one of the CIA agents, “they were full-bore on biological and chemical warfare … They were doing a lot of testing on donkeys, rabbits, mice, and other animals.”

In Washington, the Joint Chiefs of Staff favored military action in Khurmal. So did Cheney, Rumsfeld, and Wolfowitz. They did not believe that al-Qaeda would be in Iraq—even a part not controlled by Hussein—without the dictator’s acquiescence. Their suspicions grew when information placed al-Zarqawi and other al-Qaeda fighters in Baghdad. The CIA agents in Iraq saw no evidence that the al-Qaeda operatives were linked to Hussein, but everyone they spoke with believed that Hussein had WMDs.

Bush said he would act with “deliberation,” employing only the best intelligence. But the intelligence was murky, leading to contentious assessments, conflicting judgments, and uncertain recommendations. Sometimes, the president overstated the evidence he had. Hussein’s a threat, Bush told the press corps in November 2002, “because he is dealing with al-Qaeda.” Although this was an exaggeration, Bush did know that al-Zarqawi had been in Baghdad, had links to al-Qaeda, and was experimenting with biological and chemical weapons. And he knew that Hussein supported suicide bombings and celebrated their “martyrs.”

Bush chose not to authorize military action in Khurmal. On July 31, he told Blair that he had not yet decided on war—that he might give the Iraqi dictator one more chance to abide by his promises to allow inspections and destroy his weapons of mass destruction. At the same time, however, the president instructed General Franks to proceed with his war planning.

Although Bush had not resolved whether he meant to disarm or depose the Iraqi dictator, he mobilized public and congressional support for his policies. In October, the House approved a resolution authorizing him to use military force, by a vote of 296–133, and the Senate did the same, 77–23. The political effort in Washington was matched by a diplomatic one in New York. On November 8, the UN Security Council passed Resolution 1441, which demanded inspections and stipulated that the Iraqi regime was already in breach of past resolutions. In the administration’s view, this provided justification for the U.S. to take unilateral action if it chose to do so.

Bush was practicing coercive diplomacy, hoping to achieve his goals through intimidation. “We were giving Saddam one final choice,” his British partner in this policy, Blair, explained in 2011. If Hussein proved recalcitrant, the president’s credibility—and America’s—would be at risk, in which case coercive diplomacy would have to end with a military intervention. The costs of that intervention, however, had not been calculated.

Bush did want a free, democratic Iraq to emerge if he resorted to military action, but he had spent little time discussing the institutions, policies, and expenditures that would be required to translate the liberation of Iraq into a better life for its citizens. In a meeting with General Franks, Bush asked, “Can we win?”

“Yes, sir,” said Franks.

“Can we get rid of Saddam?” the president asked again.

“Yes, sir,” said his general.

The president did not ask, “What then?”

After the invasion turned into a chaotic, dysfunctional occupation and Iraq’s alleged WMDs were not found, Bush instructed his director of Central Intelligence, George Tenet, to establish a special mission named the Iraq Survey Group to investigate what had happened to these deadly armaments. The group’s first director, David Kay, appeared before the Senate Armed Services Committee on January 28, 2004: “Let me begin,” he admitted, “by saying that we were almost all wrong” about Iraqi WMD programs. Though chastened by the misreading of Iraqi capabilities, Kay did not think that intelligence analysts had misled policy makers about the fundamental threat. “I think the world is far safer with the disappearance and removal of Saddam Hussein.”

[Read: Mission creep: when everything is terrorism]

The survey group’s second chief, Charles Duelfer, oversaw part of the interrogation of Saddam Hussein after U.S. forces captured him in December 2003. Duelfer dwelled on Hussein’s “controlling presence.” Hussein “was not a cartoon,” Duelfer emphasized. “He was catastrophically brilliant and extremely talented in a black, insidious way,” much like Joseph Stalin, the leader whom Hussein most wanted to emulate. And his aspirations were clear: to thwart Iran, defeat Israel, and dominate the region. To achieve these goals, Hussein yearned to acquire WMDs.

That was Duelfer’s conclusion when, in September 2004, he delivered the final, comprehensive report of the survey group. The evidence appeared conclusive: Iraq did not have WMD stockpiles, nor any active programs. But “it was very clear,” Duelfer later wrote in his memoir, Hide and Seek: The Search for Truth in Iraq, “that Saddam complied with UN disarmament restrictions only as a tactic.” Hussein’s overriding objectives, the survey group affirmed, were to bring sanctions to an end and to move ahead with securing WMDs. “Virtually” no senior Iraqi leader “believed that Saddam had forsaken WMD forever.” Denied his desire to be executed by firing squad, Hussein was hanged in prison on December 30, 2006.

Bush decided, initially, to confront Hussein—not invade Iraq. The president feared another attack, one perhaps even more dire than 9/11. Rogue states like Iraq, Bush worried, might share the world’s deadliest weapons with terrorists who desperately wanted to inflict pain on America, puncture its air of invincibility, undermine its institutions, and make Americans doubt the value of their freedoms.

Yet fear alone did not shape the president’s strategy. Bush’s faith in American might was equally important. From the outset of his administration, he aimed to expand American military capabilities, which already far exceeded those of any other nation. The use of airpower, special forces, and new technologies to expel the Taliban from Kabul in 2001 reinforced his sense of strength. America’s reach appeared to have no bounds. Washington, he felt, must not be dissuaded from helping its friends and protecting its interests, especially in regions harboring crucial raw materials and energy reserves. The U.S. had the power to do so and needed to demonstrate it.

Fear and power were reinforced by hubris. Bush insisted that all people wanted to live by American values—to be free to say what they pleased and pray as they wished. If the United States overthrew a brutal dictator, American officials could take satisfaction in knowing that they were enriching the lives of his benighted subjects.

Spurred by fear, growing confidence in American power, and a sense of moral virtue, Bush embraced coercive diplomacy. The strategy was appealing because almost everyone surrounding Bush believed that Hussein’s defiance would not cease until he was confronted by superior force. But the strategy was adopted without a clear goal—regime change or WMD elimination.

[Read: America’s credibility is taking a hit in Iraq]

When, after the invasion, those weapons were not found, Bush shifted to a more ideological discourse. “The failure of Iraq democracy,” he warned, “would embolden terrorists around the world … Success will send forth the news, from Damascus to Teheran—that freedom can be the future of every nation.” When the U.S. got locked in an insurrectionary struggle and Islamic fundamentalism surged, neither Bush’s goals nor his strategy appeared to make sense. His critics mocked his naivete, accused him of dishonesty, and ridiculed his democratic zealotry.

These critics underestimated Bush’s qualities and misconstrued his thinking. Bush failed not because he was a weak leader, a naive ideologue, or a manipulative liar. He was always fully in charge of the administration’s Iraq policy, and he did not rush to war. He went to war not to make Iraq democratic but to remove a murderous dictator who intended to restart his weapons programs, supported suicide missions, and cultivated links with terrorist groups (even if not, actually, al-Qaeda).

In those narrow aims, Bush succeeded. Another attack on American soil did not occur and he did eliminate a brutal, erratic, and dangerous tyrant. But he did not achieve that at an acceptable cost. The war proved catastrophic for Iraq. Over the ensuing years, more than 200,000 Iraqis perished as a result of the war, insurrection, and civic strife, and more than 9 million people—about a third of the prewar population—were internally displaced or fled abroad.

The intervention also exacted a human, financial, economic, and psychological toll on the United States that hardly anyone had foreseen. The war enhanced Iranian power in the Persian Gulf, diverted attention and resources from the ongoing struggle inside Afghanistan, divided America’s European allies, and provided additional opportunity for China’s rise and Russia’s revanchism. The conflict besmirched America’s reputation and heightened anti-Americanism. It fueled the sense of grievance among Muslims, accentuated perceptions of American arrogance, complicated the struggle against terrorism, and dampened hopes for democracy and peace among Arabs and Jews in the Middle East. Rather than having spread liberty, the president and his advisers left office witnessing the worldwide recession of freedom.

Fear, power, and hubris explain America’s march to war in Iraq. By thinking otherwise, by simplifying the story and believing that all would be well if we only had more honest officials, stronger leaders, and more realistic policy makers, we delude ourselves. Tragedy occurs not because our leaders are naive, stupid, and corrupt. Tragedy occurs when earnest and responsible officials try their best to make America safer and end up making things much worse. We need to ask why this happens. We need to appreciate the dangers that lurk when there is too much fear, too much power, too much hubris—and insufficient prudence.

This article is adapted from Confronting Saddam Hussein: George W. Bush and the Invasion of Iraq.