I don’t know how many people agree with the following letter in yesterday’s New York Times, but it expresses just the view that worries me most right now:
This investigation [of the Plame case] is not simply about the disclosure of the identity of an undercover C.I.A. operative or politics as usual. It involves the lies and deceit of an administration in taking this country into a war of incredibly stupid proportions in which the mainstream media, including your newspaper, played an important role.
The writer wants to make the criminal investigation of Karl Rove and Scooter Libby (and perhaps others) into a literal prosecution of the Bush Administration for its conduct in the Iraq war. Of course, I realize that the invasion was an enormously consequential decision: consider the 2,000 American dead and the more than 25,000 dead Iraqi civilians. At least in retrospect, it looks like a terrible choice. I also realize that the administration was dishonest in the prewar argument. However, politics is generally a serious business. Whether we provide military aid to Colombia, whether we permit or ban abortion, whether we prohibit or legalize cocaine, even where we set Medicaid reimbursement levels–these are decisions with life-and-death consequences. Moreover, participants in these debates quite routinely lie. It is crucial that we handle even the most consequential (and even the worst) of these decisions democratically, by arguing for one side and trying to mobilize popular opinion. Bringing criminal charges is a way of evading the democratic process.
Furthermore, I reject the diagnosis that we had a poorly informed national deliberation about whether to invade Iraq because some administration officials resorted to malicious leaks and general dishonesty. That’s true, but it’s far from the whole story. Even given the advantages that an incumbent administration holds in debates about foreign policy, the Bush team could have been challenged by the Pentagon, Congress, the Democratic Party, Bill Clinton and alumni of his administration, the Blair Government, academic experts, the press, and average citizens. The failure of almost all these groups to mount a challenge is evidence that we have a deep and widespread problem. Prosecuting people in the Plame case will do nothing to fix it.
I am not arguing that Patrick Fitzgerald should refrain from indicting anyone. He may conclude that laws were broken, and then the rule of law requires accountability. What I object to is the interpretation that the Plame investigation has put the Bush administration on trial for the whole Iraq war. That would be a dangerously undemocratic development–not to mention an excellent way for everyone else to dodge responsibility.