[Mb-civic] Blair's 'legal' case for going to war on Iraq

[Alexander Harper]

Shrimsley of the FT.
NB Lord (Charlie) Falconer is Lord Chancellor of Britain (our senior lawyer)and and ex-flat mate of Tony Blair's. Goldsmith is the Solicitor General, who changed his legal advice to Blair in the 10 days running up to the war. 
Straw is our Foreign Secretary
Hoon is our Minister of Defence
AlBaraka
>
Only one school of thought on the war>

The publication of Lord Goldsmith's advice on the Iraq war has thrown the spotlight on how the attorney-general was persuaded to toughen his position over the following 10 days and in particular on his discussions with Lord Falconer, the Lord Chancellor.

The scene: St Tony's school;office of the deputy head, Charlie Falconer.

Goldsmith: You wanted to see me sir?

Falconer: Ah yes Goldsmith (holds up a lengthy document). Would you like to tell me the meaning of this?

Goldsmith: It's the essay the head asked for, sir.

Falconer: Well it won't do.

Goldsmith: I did my best.

Falconer: Did your best did you boy? Do you like being a prefect, Goldsmith?

Goldsmith: I do sir.

Falconer: It's quite an honour you know, to be made attorney-general.

Goldsmith: Yes sir.

Falconer: So when the head asks you to do something, he expects it to be done. Now what did he ask you to do?

Goldsmith: Set out the case for war.

Falconer: And what have you done?

Goldsmith: I've set out the legal case.

Falconer: No Goldsmith. You set out all sides of the argument.

Goldsmith: Isn't that what I was meant to do, sir?

Falconer: You don't go to a lawyer to get both sides of a case. You go to a lawyer to be told how your side is in the right. We're all lawyers here. I'm a lawyer. The head's a lawyer. Even Straw's a lawyer. If we wanted both sides of the argument we'd have gone to him. He can give you both sides at the same time. If we wanted a trot through the textbooks we'd have asked Hoon minor to do it.

Goldsmith: But the case isn't clear.

Falconer: Of course it is.

Goldsmith: How?

Falconer: That's for you to work out. It's not my place to tell you how to do it. I'm head of the judiciary, I can't advise you.But, I mean, look at this bit here: "the safest legal course would be to secure a . . . further [UN] resolution". What kind of waffle is that? The safest course would be not to go to war at all; the safest course would be to give Iraq a miss and go to a Westlife concert.

Goldsmith: Yes sir.

Falconer: Did the head ask for the safest course? No. He asked for a legal justification. Frankly you've put him in a bit of spot. This advice has to go before the school council; he's presenting it in assembly. So we'll have a bit less of this "I could not be confident a court would agree" nonsense; unless you want to find yourself writing out "Saddam must be toppled" 100 times. There's loads of UN resolutions swilling about; one of them must do the job. Just pick a number.

Look Goldsmith, (pause) Peter. We all like you. The head thinks of you as a friend. And friends don't let friends down, do they?

Goldsmith: No sir.

Falconer: We see great things for you, Peter. But the head needs you to get this right. You want to help him don't you?

Goldsmith: Yes sir.

Falconer: Of course you do. So, listen, stop worrying, your advice has only got to see us through till we get to Baghdad and find the WMD. You've seen the intelligence; there's piles of it. Now you've got 10 days to do this properly. I don't want to have to talk to you again. All right now, cutalong.

Ten days later

Falconer: Ah Peter, come in. Sherry? The head's asked me to thank you for that presentation. Terrific work. He's so pleased that we've got another little project for you. Indefinite detention without trial; we need the Human Rights Act to be in favour of it.


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