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Saddam Attack OK Under
US Assassination Rules

3-23-3

WASHINGTON (Reuters) - Defense Secretary Donald Rumsfeld said on Sunday that a good start to changing the government in Iraq would be to kill President Saddam Hussein. But the United States is not supposed to be in the assassination business.
 
CIA plots to eliminate Cuba's Fidel Castro with poisoned cigars, an infected diving suit and exploding clam shells proved so embarrassing that an executive order from President Gerald Ford, subsequently reinforced by Jimmy Carter and Ronald Reagan, barred the United States from engaging in assassinations.
 
Rumsfeld, asked on the CBS program "Face the Nation" on Sunday if killing Saddam was a good start to changing the regime, replied: "That's true, it would be."
 
So why doesn't last week's direct attack on the Iraqi leadership with laser-guided missiles and bunker-busting bombs qualify as an assassination attempt?
 
"In military conflict, command and control are legitimate targets," White House spokesman Ari Fleischer explained. U.S. officials described the Iraqi leadership as "targets of opportunity." President Bush called them "targets of military importance."
 
U.S. government lawyers determined that the attack on the compound where Saddam -- and perhaps his sons Uday and Qusay -- were believed to be was legal since the United States was at war with Iraq and it was deemed a command-and-control facility.
 
"The head of the chain of command in time of war would be considered a legitimate military target," said Warren Bass, a senior fellow at the Council on Foreign Relations. "It would be like trying to kill Tojo or Hitler in the middle of World War II."
 
UNCLEAR IF SADDAM ALIVE
 
No U.S. official has said for certain if Saddam is alive, dead or injured. Bush said he was losing control of Iraq.
 
But Saddam wouldn't be the first to survive U.S. termination with extreme prejudice.
 
Osama bin laden apparently escaped the ferocious U.S.-led bombing of Afghanistan. In fact, the al Qaeda leader blamed for the Sept. 11, 2001 attacks on New York and Washington, boasted about his survival on an audiotape.
 
Libyan leader Muammar Gaddafi survived a bomb dropped on his tent in the Libyan desert. Mohamed Farah Aideed eluded the CIA in Somalia. Congolese Prime Minister Patrice Lumumba escaped several CIA plots. Castro is still president of Cuba.
 
Bin Laden was personally targeted as long ago as 1998 when President Bill Clinton secretly authorized the CIA to use lethal force against him and his aides. After Sept. 11, 2001, Bush declared the Saudi-born exile wanted "dead or alive."
 
The United States has subsequently targeted individual al Qaeda operatives and in November used a Hellfire missile launched by a drone aircraft to kill one of the organization's leaders in Yemen. In Bush's words, "He's no longer a problem."
 
Washington has designated al Qaeda operatives "enemy combatants" under international law and says strikes against them are military actions rather than assassination attempts.
 
Bush ordered the pre-emptive strike on the top Iraqi leadership after the opportunity suddenly presented itself.
 
CIA Director George Tenet and Rumsfeld requested an urgent meeting with Bush on Wednesday afternoon when intelligence materialized about their whereabouts.
 
"They briefed the president and the war council on the updated information they had and the actionable items that were required," a senior administration official said. "The president at this stage has already signed off on a broad strategy and mission."
 
The war plan was quickly revised when Bush took one last look at the updated intelligence. "Let's go," he said.
 
Fleischer told reporters the executive order banning the U.S.-backed assassination of foreign leaders was still in effect.
 
In 1981, Reagan strengthened a policy laid down five years earlier by Ford, issuing Executive Order 12333 which states, "No person employed by or acting on behalf of the United States government shall engage in, or conspire to engage in, assassination."
 
An executive order does not have the force of law and can be changed by the president at any time. Because they are sometimes classified, the public may not know when they are issued.
 
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