It's just like Nukes - We have them, but we can't use them. In this case, if Iraq uses them he'll be the villian. If he doesn't use them and we find them later, he'll still be the villian.
If Iraq has already launched scuds it pretty much proves he was full of shit.
All of this is pointless - There are a dozen or so reasons to go in and take him out. The US has been patrolling the no fly zones which is imposed by the UN, yet they continue to fire at us. If it was up to me the first time Iraq opened up on our planes I would have invaded them.
That's enough of a reason to take him out.
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