Foreign
policy is always difficult in a democracy. Democracy
requires openness. Yet foreign policy requires
a level of secrecy that frees it from oversight
and exposes it to abuse. As a result, Republicans
and Democrats have long held that the intelligence
agencies--the most clandestine of foreign policy
institutions--should be insulated from political
interference in much the same way as the higher
reaches of the judiciary. As the Tower Commission,
established to investigate the Iran-Contra scandal,
warned in November 1987, "The democratic processes
... are subverted when intelligence is manipulated
to affect decisions by elected officials and
the public."
If
anything, this principle has grown even more
important since September 11, 2001. The Iraq
war presented the United States with a new
defense paradigm: preemptive war, waged in
response to a prediction of a forthcoming
attack against the United States or its allies.
This kind of security policy requires the
public to base its support or opposition on
expert intelligence to which it has no direct
access. It is up to the president and his
administration--with a deep interest in a
given policy outcome--nonetheless to portray
the intelligence community's findings honestly.
If an administration represents the intelligence
unfairly, it effectively forecloses an informed
choice about the most important question a
nation faces: whether or not to go to war.
That is exactly what the Bush administration
did when it sought to convince the public
and Congress that the United States should
go to war with Iraq.
From
late August 2002 to mid-March of this year,
the Bush administration made its case for
war by focusing on the threat posed to the
United States by Saddam Hussein's nuclear,
chemical, and biological weapons and by his
purported links to the Al Qaeda terrorist
network. Officials conjured up images of Iraqi
mushroom clouds over U.S. cities and of Saddam
transferring to Osama bin Laden chemical and
biological weapons that could be used to create
new and more lethal September elevenths. In
Nashville on August 26, 2002, Vice President
Dick Cheney warned of a Saddam "armed with
an arsenal of these weapons of terror" who
could "directly threaten America's friends
throughout the region and subject the United
States or any other nation to nuclear blackmail."
In Washington on September 26, Secretary of
Defense Donald Rumsfeld claimed he had "bulletproof"
evidence of ties between Saddam and Al Qaeda.
And, in Cincinnati on October 7, President
George W. Bush warned, "The Iraqi dictator
must not be permitted to threaten America
and the world with horrible poisons and diseases
and gases and atomic weapons." Citing Saddam's
association with Al Qaeda, the president added
that this "alliance with terrorists could
allow the Iraqi regime to attack America without
leaving any fingerprints."
Yet
there was no consensus within the American
intelligence community that Saddam represented
such a grave and imminent threat. Rather,
interviews with current and former intelligence
officials and other experts reveal that the
Bush administration culled from U.S. intelligence
those assessments that supported its position
and omitted those that did not. The administration
ignored, and even suppressed, disagreement
within the intelligence agencies and pressured
the CIA to reaffirm its preferred version
of the Iraqi threat. Similarly, it stonewalled,
and sought to discredit, international weapons
inspectors when their findings threatened
to undermine the case for war.
Three
months after the invasion, the United States
may yet discover the chemical and biological
weapons that various governments and the United
Nations have long believed Iraq possessed.
But it is unlikely to find, as the Bush administration
had repeatedly predicted, a reconstituted
nuclear weapons program or evidence of joint
exercises with Al Qaeda--the two most compelling
security arguments for war. Whatever is found,
what matters as far as American democracy
is concerned is whether the administration
gave Americans an honest and accurate account
of what it knew. The evidence to date is that
it did not, and the cost to U.S. democracy
could be felt for years to come.
THE
BATTLE OVER INTELLIGENCE Fall 2001-Fall 2002
The
Bush administration decided to go to war with
Iraq in the late fall of 2001. At Camp David
on the weekend after the September 11 attacks,
Deputy Defense Secretary Paul Wolfowitz floated
the idea that Iraq, with more than 20 years
of inclusion on the State Department's terror-sponsor
list, be held immediately accountable. In
his memoir, speechwriter David Frum recounts
that, in December, after the Afghanistan campaign
against bin Laden and his Taliban sponsors,
he was told to come up with a justification
for war with Iraq to include in Bush's State
of the Union address in January 2002. But,
in selling the war to the American public
during the next year, the Bush administration
faced significant obstacles.
In
the wake of September 11, 2001, many Americans
had automatically associated Saddam's regime
with Al Qaeda and enthusiastically backed
an invasion. But, as the immediate horror
of September 11 faded and the war in Afghanistan
concluded successfully (and the economy turned
downward), American enthusiasm diminished.
By mid-August 2002, a Gallup poll showed support
for war with Saddam at a post-September 11
low, with 53 percent in favor and 41 percent
opposed--down from 61 percent to 31 percent
just two months before. Elite opinion was
also turning against war, not only among liberal
Democrats but among former Republican officials,
such as Brent Scowcroft and Lawrence Eagleburger.
In Congress, even conservative Republicans
such as Senate Minority Leader Trent Lott
and House Majority Leader Dick Armey began
to express doubts that war was justified.
Armey declared on August 8, 2002, "If we try
to act against Saddam Hussein, as obnoxious
as he is, without proper provocation, we will
not have the support of other nation-states
who might do so."
Unbeknownst
to the public, the administration faced equally
serious opposition within its own intelligence
agencies. At the CIA, many analysts and officials
were skeptical that Iraq posed an imminent
threat. In particular, they rejected a connection
between Saddam and Al Qaeda. According to
a New York Times report in February 2002,
the CIA found "no evidence that Iraq has engaged
in terrorist operations against the United
States in nearly a decade, and the agency
is also convinced that President Saddam Hussein
has not provided chemical or biological weapons
to Al Qaeda or related terrorist groups."
CIA
analysts also generally endorsed the findings
of the International Atomic Energy Agency
(IAEA), which concluded that, while serious
questions remained about Iraq's nuclear program--many
having to do with discrepancies in documentation--its
present capabilities were virtually nil. The
IAEA possessed no evidence that Iraq was reconstituting
its nuclear program and, it seems, neither
did U.S. intelligence. In CIA Director George
Tenet's January 2002 review of global weapons-technology
proliferation, he did not even mention a nuclear
threat from Iraq, though he did warn of one
from North Korea. The review said only, "We
believe that Iraq has probably continued at
least low-level theoretical R&D [research
and development] associated with its nuclear
program." This vague determination didn't
reflect any new evidence but merely the intelligence
community's assumption that the Iraqi dictator
remained interested in building nuclear weapons.
Greg Thielmann, the former director for strategic
proliferation and military affairs at the
State Department's Bureau of Intelligence
and Research (INR), tells The New Republic,
"During the time that I was office director,
2000 to 2002, we never assessed that there
was good evidence that Iraq was reconstituting
or getting really serious about its nuclear
weapons program."
The
CIA and other intelligence agencies believed
Iraq still possessed substantial stocks of
chemical and biological weapons, but they
were divided about whether Iraq was rebuilding
its facilities and producing new weapons.
The intelligence community's uncertainty was
articulated in a classified report from the
Defense Intelligence Agency (DIA) in September
2002. "A substantial amount of Iraq's chemical
warfare agents, precursors, munitions, and
production equipment were destroyed between
1991 and 1998 as a result of Operation Desert
Storm and UNSCOM [United Nations Special Commission]
actions," the agency reported. "There is no
reliable information on whether Iraq is producing
and stockpiling chemical weapons, or where
Iraq has--or will--establish its chemical
warfare agent production facilities."
Had
the administration accurately depicted the
consensus within the intelligence community
in 2002--that Iraq's ties with Al Qaeda were
inconsequential; that its nuclear weapons
program was minimal at best; and that its
chemical and biological weapons programs,
which had yielded significant stocks of dangerous
weapons in the past, may or may not have been
ongoing--it would have had a very difficult
time convincing Congress and the American
public to support a war to disarm Saddam.
But the Bush administration painted a very
different, and far more frightening, picture.
Representative Rush Holt, a New Jersey Democrat
who ultimately voted against the war, says
of his discussions with constituents, "When
someone spoke of the need to invade, [they]
invariably brought up the example of what
would happen if one of our cities was struck.
They clearly were convinced by the administration
that Saddam Hussein--either directly or through
terrorist connections--could unleash massive
destruction on an American city. And I presume
that most of my colleagues heard the same
thing back in their districts." One way the
administration convinced the public was by
badgering CIA Director Tenet into endorsing
key elements of its case for war even when
it required ignoring the classified findings
of his and other intelligence agencies.
As
a result of its failure to anticipate the
September 11 attacks, the CIA, and Tenet in
particular, were under almost continual attack
in the fall of 2001. Congressional leaders,
including Richard Shelby, the ranking Republican
on the Senate Intelligence Committee, wanted
Tenet to resign. But Bush kept Tenet in his
job, and, within the administration, Tenet
and the CIA came under an entirely different
kind of pressure: Iraq hawks in the Pentagon
and in the vice president's office, reinforced
by members of the Pentagon's semi-official
Defense Policy Board, mounted a year-long
attempt to pressure the CIA to take a harder
line against Iraq--whether on its ties with
Al Qaeda or on the status of its nuclear program.
A
particular bone of contention was the CIA's
analysis of the ties between Saddam and Al
Qaeda. In the immediate aftermath of September
11, former CIA Director James Woolsey, a member
of the Defense Policy Board who backed an
invasion of Iraq, put forth the theory--in
this magazine and elsewhere--that Saddam was
connected to the World Trade Center attacks.
In September 2001, the Bush administration
flew Woolsey to London to gather evidence
to back up his theory, which had the support
of Wolfowitz and Richard Perle, then the Defense
Policy Board chairman. While Wolfowitz and
Perle had their own long-standing and complex
reasons for wanting to go to war with Iraq,
they and other administration officials believed
that, if they could tie Saddam to Al Qaeda,
they could justify the war to the American
people. As a veteran aide to the Senate Intelligence
Committee observes, "They knew that, if they
could really show a link between Saddam Hussein
and Al Qaeda, then their objective, ... which
was go in and get rid of Hussein, would have
been a foregone conclusion."
But
this theory immediately encountered resistance
from the CIA and other intelligence agencies.
Woolsey's main piece of evidence for a link
between Saddam and Al Qaeda was a meeting
that was supposed to have taken place in Prague
in April 2001 between lead September 11 hijacker
Mohamed Atta and an Iraqi intelligence official.
But none of the intelligence agencies could
place Atta in Prague on that date. (Indeed,
receipts and other travel documents placed
him in the United States.) An investigation
by Czech officials dismissed the claim, which
was based on a single unreliable witness.
The CIA was also receiving other information
that rebutted a link between Iraq and Al Qaeda.
After top Al Qaeda leader Abu Zubaydah was
captured in March 2002, he was debriefed by
the CIA, and the results were widely circulated
in the intelligence community. As The New
York Times reported, Zubaydah told his captors
that bin Laden himself rejected any alliance
with Saddam. "I remember reading the Abu Zubaydah
debriefing last year, while the administration
was talking about all of these other reports
[of a Saddam-Al Qaeda link], and thinking
that they were only putting out what they
wanted," a CIA official told the paper. Zubaydah's
story, which intelligence analysts generally
consider credible, has since been corroborated
by additional high-ranking Al Qaeda terrorists
now in U.S. custody, including Ramzi bin Al
Shibh and September 11 architect Khalid Shaikh
Mohammed.
Facing
resistance from the CIA, administration officials
began a campaign to pressure the agency to
toe the line. Perle and other members of the
Defense Policy Board, who acted as quasi-independent
surrogates for Wolfowitz, Cheney, and other
administration advocates for war in Iraq,
harshly criticized the CIA in the press. The
CIA's analysis of Iraq, Perle said, "isn't
worth the paper it is written on." In the
summer of 2002, Vice President Cheney made
several visits to the CIA's Langley headquarters,
which were understood within the agency as
an attempt to pressure the low-level specialists
interpreting the raw intelligence. "That would
freak people out," says one former CIA official.
"It is supposed to be an ivory tower. And
that kind of pressure would be enormous on
these young guys."
But
the Pentagon found an even more effective
way to pressure the agency. In October 2001,
Wolfowitz, Rumsfeld, and Undersecretary of
Defense for Policy Douglas Feith set up a
special intelligence operation in the Pentagon
to "think through how the various terrorist
organizations relate to each other and ...
state sponsors," in Feith's description. Their
approach echoed the "Team B" strategy that
conservatives had used in the past: establishing
a separate entity to offer alternative intelligence
analyses to the CIA. Conservatives had done
this in 1976, criticizing and intimidating
the agency over its estimates of Soviet military
strength, and again in 1998, arguing for the
necessity of missile defense. (Wolfowitz had
participated in both projects; the latter
was run by Rumsfeld.) This time, the new entity--headed
by Perle protégé Abram Shulsky--reassessed
intelligence already collected by the CIA
along with information from Iraqi defectors
and, as Feith remarked coyly at a press conference
earlier this month, "came up with some interesting
observations about the linkages between Iraq
and Al Qaeda." In August 2002, Feith brought
the unit to Langley to brief the CIA about
its findings. If the separate intelligence
unit wasn't enough to challenge the CIA, Rumsfeld
also began publicly discussing the creation
of a new Pentagon position, an undersecretary
for intelligence, who would rival the CIA
director and diminish the authority of the
agency.
In
its classified reports, the CIA didn't diverge
from its initial skepticism about the ties
between Al Qaeda and Saddam. But, under pressure
from his critics, Tenet began to make subtle
concessions. In March 2002, Tenet told the
Senate Armed Services Committee that the Iraqi
regime "had contacts with Al Qaeda" but declined
to elaborate. He would make similar ambiguous
statements during the congressional debate
over war with Iraq.
The
intelligence community was also pressured
to exaggerate Iraq's nuclear program. As Tenet's
early 2002 threat assessments had indicated,
U.S. intelligence showed precious little evidence
to indicate a resumption of Iraq's nuclear
program. And, while the absence of U.N. inspections
had introduced greater uncertainty into intelligence
collection on Iraq, according to one analyst,
"We still knew enough, [and] we could watch
pretty closely what was happening."
These
judgments were tested in the spring of 2002,
when intelligence reports began to indicate
that Iraq was trying to procure a kind of
high-strength aluminum tube. Some analysts
from the CIA and DIA quickly came to the conclusion
that the tubes were intended to enrich uranium
for a nuclear weapon through the kind of gas-centrifuge
project Iraq had built before the first Gulf
war. This interpretation seemed plausible
enough at first, but over time analysts at
the State Department's INR and the Department
of Energy (DOE) grew troubled. The tubes'
thick walls and particular diameter made them
a poor fit for uranium enrichment, even after
modification. That determination, according
to the INR's Thielmann, came from weeks of
interviews with "the nation's experts on the
subject, ... they're the ones that have the
labs, like Oak Ridge National Laboratory,
where people really know the science and technology
of enriching uranium." Such careful study
led the INR and the DOE to an alternative
analysis: that the specifications of the tubes
made them far better suited for artillery
rockets. British intelligence experts studying
the issue concurred, as did some CIA analysts.
But
top officials at the CIA and DIA did not.
As the weeks dragged on, more and more high-level
intelligence officials attended increasingly
heated interagency bull sessions. And the
CIA-DIA position became further and further
entrenched. "They clung so tenaciously to
this point of view about it being a nuclear
weapons program when the evidence just became
clearer and clearer over time that it wasn't
the case," recalls a participant. David Albright
of the Institute for Science and International
Security, who had been asked to provide the
administration with information on past Iraqi
procurements, noticed an anomaly in how the
intelligence community was handling the issue.
"I was told that this dispute had not been
mediated by a competent, impartial technical
committee, as it should have been according
to accepted practice," he wrote on his organization's
website this March. By September 2002, when
the intelligence agencies were preparing a
joint National Intelligence Estimate (NIE)
on Saddam's weapons of mass destruction, top
CIA officials insisted their opinion prevail.
Says Thielmann, "Because the CIA is also the
head of the entire U.S. intelligence community,
it becomes very hard not to have the ultimate
judgment being the CIA's judgment, rather
than who in the intelligence community is
most expert on the issue."
By
the fall of 2002, when public debate over
the war really began, the administration had
created consternation in the intelligence
agencies. The press was filled for the next
two months with quotes from CIA officials
and analysts complaining of pressure from
the administration to toe the line on Iraq.
Says one former staff member of the Senate
Intelligence Committee, "People [kept] telling
you first that things weren't right, weird
things going on, different people saying,
'There's so much pressure, you know, they
keep telling us, go back and find the right
answer,' things like that." For the most part,
this pressure was not reflected in the CIA's
classified reports, but it would become increasingly
evident in the agency's declassified statements
and in public statements by Tenet. The administration
hadn't won an outright endorsement of its
analysis of the Iraqi threat, but it had undermined
and intimidated its potential critics in the
intelligence community.
THE
BATTLE IN CONGRESS Fall 2002
The
administration used the anniversary of September
11, 2001, to launch its public campaign for
a congressional resolution endorsing war,
with or without U.N. support, against Saddam.
The opening salvo came on the Sunday before
the anniversary in the form of a leak to Judith
Miller and Michael R. Gordon of The New York
Times regarding the aluminum tubes. Miller
and Gordon reported that, according to administration
officials, Iraq had been trying to buy tubes
specifically designed as "components of centrifuges
to enrich uranium" for nuclear weapons. That
same day, Cheney, Rumsfeld, and national security
adviser Condoleezza Rice appeared on the political
talk shows to trumpet the discovery of the
tubes and the Iraqi nuclear threat. Explained
Rice, "There will always be some uncertainty
about how quickly [Saddam] can acquire nuclear
weapons. But we don't want the smoking gun
to be a mushroom cloud." Rumsfeld added, "Imagine
a September eleventh with weapons of mass
destruction. It's not three thousand--it's
tens of thousands of innocent men, women,
and children."
Many
of the intelligence analysts who had participated
in the aluminum-tubes debate were appalled.
One described the feeling to TNR: "You had
senior American officials like Condoleezza
Rice saying the only use of this aluminum
really is uranium centrifuges. She said that
on television. And that's just a lie." Albright,
of the Institute for Science and International
Security, recalled, "I became dismayed when
a knowledgeable government scientist told
me that the administration could say anything
it wanted about the tubes while government
scientists who disagreed were expected to
remain quiet." As Thielmann puts it, "There
was a lot of evidence about the Iraqi chemical
and biological weapons programs to be concerned
about. Why couldn't we just be honest about
that without hyping the nuclear account? Making
the case for active pursuit of nuclear weapons
makes it look like the administration was
trying to scare the American people about
how dangerous Iraq was and how it posed an
imminent security threat to the United States."
In
speeches and interviews, administration officials
also warned of the connection between Saddam
and Al Qaeda. On September 25, 2002, Rice
insisted, "There clearly are contacts between
Al Qaeda and Iraq. ... There clearly is testimony
that some of the contacts have been important
contacts and that there's a relationship there."
On the same day, President Bush warned of
the danger that "Al Qaeda becomes an extension
of Saddam's madness." Rice, like Rumsfeld--who
the next day would call evidence of a Saddam-bin
Laden link "bulletproof"--said she could not
share the administration's evidence with the
public without endangering intelligence sources.
But Bob Graham, the Florida Democrat who chaired
the Senate Intelligence Committee, disagreed.
On September 27, Paul Anderson, a spokesman
for Graham, told USA Today that the senator
had seen nothing in the CIA's classified reports
that established a link between Saddam and
Al Qaeda.
The
Senate Intelligence Committee, in fact, was
the greatest congressional obstacle to the
administration's push for war. Under the lead
of Graham and Illinois Senator Richard Durbin,
the committee enjoyed respect and deference
in the Senate and the House, and its members
could speak authoritatively, based on their
access to classified information, about whether
Iraq was developing nuclear weapons or had
ties to Al Qaeda. And, in this case, the classified
information available to the committee did
not support the public pronouncements being
made by the CIA.
In
the late summer of 2002, Graham had requested
from Tenet an analysis of the Iraqi threat.
According to knowledgeable sources, he received
a 25-page classified response reflecting the
balanced view that had prevailed earlier among
the intelligence agencies--noting, for example,
that evidence of an Iraqi nuclear program
or a link to Al Qaeda was inconclusive. Early
that September, the committee also received
the DIA's classified analysis, which reflected
the same cautious assessments. But committee
members became worried when, midway through
the month, they received a new CIA analysis
of the threat that highlighted the Bush administration's
claims and consigned skepticism to footnotes.
According to one congressional staffer who
read the document, it highlighted "extensive
Iraqi chem-bio programs and nuclear programs
and links to terrorism" but then included
a footnote that read, "This information comes
from a source known to fabricate in the past."
The staffer concluded that "they didn't do
analysis. What they did was they just amassed
everything they could that said anything bad
about Iraq and put it into a document."
Graham
and Durbin had been demanding for more than
a month that the CIA produce an NIE on the
Iraqi threat--a summary of the available intelligence,
reflecting the judgment of the entire intelligence
community--and toward the end of September,
it was delivered. Like Tenet's earlier letter,
the classified NIE was balanced in its assessments.
Graham called on Tenet to produce a declassified
version of the report that could guide members
in voting on the resolution. Graham and Durbin
both hoped the declassified report would rebut
the kinds of overheated claims they were hearing
from administration spokespeople. As Durbin
tells TNR, "The most frustrating thing I find
is when you have credible evidence on the
intelligence committee that is directly contradictory
to statements made by the administration."
On
October 1, 2002, Tenet produced a declassified
NIE. But Graham and Durbin were outraged to
find that it omitted the qualifications and
countervailing evidence that had characterized
the classified version and played up the claims
that strengthened the administration's case
for war. For instance, the intelligence report
cited the much-disputed aluminum tubes as
evidence that Saddam "remains intent on acquiring"
nuclear weapons. And it claimed, "All intelligence
experts agree that Iraq is seeking nuclear
weapons and that these tubes could be used
in a centrifuge enrichment program"--a blatant
mischaracterization. Subsequently, the NIE
allowed that "some" experts might disagree
but insisted that "most" did not, never mentioning
that the DOE's expert analysts had determined
the tubes were not suitable for a nuclear
weapons program. The NIE also said that Iraq
had "begun renewed production of chemical
warfare agents"--which the DIA report had
left pointedly in doubt. Graham demanded that
the CIA declassify dissenting portions.
In
response, Tenet produced a single-page letter.
It satisfied one of Graham's requests: It
included a statement that there was a "low"
likelihood of Iraq launching an unprovoked
attack on the United States. But it also contained
a sop to the administration, stating without
qualification that the CIA had "solid reporting
of senior-level contacts between Iraq and
al-Qaeda going back a decade." Graham demanded
that Tenet declassify more of the report,
and Tenet promised to fax over additional
material. But, later that evening, Graham
received a call from the CIA, informing him
that the White House had ordered Tenet not
to release anything more.
That
same evening, October 7, 2002, Bush gave a
major speech in Cincinnati defending the resolution
now before Congress and laying out the case
for war. Bush's speech brought together all
the misinformation and exaggeration that the
White House had been disseminating that fall.
"The evidence indicates that Iraq is reconstituting
its nuclear weapons program," the president
declared. "Iraq has attempted to purchase
high-strength aluminum tubes and other equipment
needed for gas centrifuges, which are used
to enrich uranium for nuclear weapons." Bush
also argued that, through its ties to Al Qaeda,
Iraq would be able to use biological and chemical
weapons against the United States. "Iraq could
decide on any given day to provide a biological
or chemical weapon to a terrorist group or
individual terrorists," he warned. If Iraq
had to deliver these weapons on its own, Bush
said, Iraq could use the new unmanned aerial
vehicles (UAVs) that it was developing. "We
have also discovered through intelligence
that Iraq has a growing fleet of manned and
unmanned aerial vehicles that could be used
to disperse chemical or biological weapons
across broad areas," he said. "We are concerned
that Iraq is exploring ways of using these
UAVs for missions targeting the United States."
This claim represented the height of absurdity.
Iraq's UAVs had ranges of, at most, 300 miles.
They could not make the flight from Baghdad
to Tel Aviv, let alone to New York.
After
the speech, when reporters pointed out that
Bush's warning of an imminent threat was contradicted
by Tenet's statement the same day that there
was little likelihood of an Iraqi attack,
Tenet dutifully offered a clarification, explaining
that there was "no inconsistency" between
the president's statement and his own and
that he had personally fact-checked the president's
speech. He also issued a public statement
that read, "There is no question that the
likelihood of Saddam using weapons of mass
destruction against the United States or our
allies ... grows as his arsenal continues
to build."
Five
of the nine Democrats on the Senate Intelligence
Committee, including Graham and Durbin, ultimately
voted against the resolution, but they were
unable to convince other committee members
or a majority in the Senate itself. This was
at least in part because they were not allowed
to divulge what they knew: While Graham and
Durbin could complain that the administration's
and Tenet's own statements contradicted the
classified reports they had read, they could
not say what was actually in those reports.
Bush,
meanwhile, had no compunction about claiming
that the "evidence indicates Iraq is reconstituting
its nuclear weapons program." In the words
of one former Intelligence Committee staffer,
"He is the president of the United States.
And, when the president of the United States
says, 'My advisers and I have sat down, and
we've read the intelligence, and we believe
there is a tie between Iraq and Al Qaeda,'
... you take it seriously. It carries a huge
amount of weight." Public opinion bears the
former staffer out. By November 2002, a Gallup
poll showed 59 percent in favor of an invasion
and only 35 percent against. In a December
Los Angeles Times poll, Americans thought,
by a 90 percent to 7 percent margin, that
Saddam was "currently developing weapons of
mass destruction." And, in an ABC/Washington
Post poll, 81 percent thought Iraq posed a
threat to the United States. The Bush administration
had won the domestic debate over Iraq--and
it had done so by withholding from the public
details that would have undermined its case
for war.
THE
BATTLE WITH THE INSPECTORS Winter-Spring 2003
By
January 2003, American troops were massing
on Iraq's borders, and the U.N. Security Council
had unanimously approved Resolution 1441,
which afforded Saddam a "final opportunity"
to disarm verifiably. The return of U.N. inspectors
to Iraq after four years had raised hopes
both in the United States and abroad that
the conflict could be resolved peacefully.
On January 20, French Foreign Minister Dominique
de Villepin launched a surprise attack on
the administration's war plans, declaring
bluntly, "Nothing today justifies envisaging
military action." Nor was this sentiment exclusively
French: By mid-January, Gallup showed that
American support for the impending war had
narrowed to 52 percent in favor of war and
43 percent opposed. Equally important, most
of the nations that had backed Resolution
1441 were warning the United States not to
rush into war, and Germany, which opposed
military action, was to assume the chair of
the Security Council in February, on the eve
of the planned invasion.
In
his State of the Union address on January
28, 2003, Bush introduced a new piece of evidence
to show that Iraq was developing a nuclear
arms program: "The British government has
learned that Saddam Hussein recently sought
significant quantities of uranium from Africa.
... Saddam Hussein has not credibly explained
these activities. He clearly has much to hide."
One
year earlier, Cheney's office had received
from the British, via the Italians, documents
purporting to show Iraq's purchase of uranium
from Niger. Cheney had given the information
to the CIA, which in turn asked a prominent
diplomat, who had served as ambassador to
three African countries, to investigate. He
returned after a visit to Niger in February
2002 and reported to the State Department
and the CIA that the documents were forgeries.
The CIA circulated the ambassador's report
to the vice president's office, the ambassador
confirms to TNR. But, after a British dossier
was released in September detailing the purported
uranium purchase, administration officials
began citing it anyway, culminating in its
inclusion in the State of the Union. "They
knew the Niger story was a flat-out lie,"
the former ambassador tells TNR. "They were
unpersuasive about aluminum tubes and added
this to make their case more persuasive."
On
February 5, Secretary of State Colin Powell
took the administration's case to the Security
Council. Powell's presentation was by far
the most impressive the administration would
make--according to U.S. News and World Report,
he junked much of what the CIA had given him
to read, calling it "bullshit"--but it was
still based on a hyped and incomplete view
of U.S. intelligence on Iraq. Much of what
was new in Powell's speech was raw data that
had come into the CIA's possession but had
not yet undergone serious analysis. In addition
to rehashing the aluminum-tube claims, Powell
charged, for instance, that Iraq was trying
to obtain magnets for uranium enrichment.
Powell also described a "potentially ... sinister
nexus between Iraq and the Al Qaeda terrorist
network, a nexus that combines classic terrorist
organizations and modern methods of murder."
But Powell's evidence consisted of tenuous
ties between Baghdad and an Al Qaeda leader,
Abu Musab Al Zarqawi, who had allegedly received
medical treatment in Baghdad and who, according
to Powell, operated a training camp in Iraq
specializing in poisons. Unfortunately for
Powell's thesis, the camp was located in northern
Iraq, an area controlled by the Kurds rather
than Saddam and policed by U.S. and British
warplanes. One Hill staffer familiar with
the classified documents on Al Qaeda tells
TNR, "So why would that be proof of some Iraqi
government connection to Al Qaeda? [It] might
as well be in Iran."
But,
by the time Powell made his speech, the administration
had stopped worrying about possible rebukes
from U.S. intelligence agencies. On the contrary,
Tenet sat directly behind Powell as he gave
his presentation. And, with the GOP takeover
of the Senate, the Intelligence Committee
had passed into the hands of a docile Republican
chairman, Pat Roberts of Kansas.
As
Powell cited U.S. intelligence supporting
his claim of a reconstituted nuclear weapons
program in Iraq, Jacques Baute listened intently.
Baute, the head of the IAEA's Iraq inspections
unit, had been pestering the U.S. and British
governments for months to share their intelligence
with his office. Despite repeated assurances
of cooperation, TNR has learned that Baute's
office received nothing until the day before
Powell's presentation, when the U.S. mission
in Vienna provided the IAEA with an oral briefing
while Baute was en route to New York, leaving
no printed material with the nuclear inspectors.
As IAEA officials recount, an astonished Baute
told his aides, "That won't do. I want the
actual documentary evidence." He had to register
his complaints through a United Nations Monitoring,
Verification, and Inspection Commission (UNMOVIC)
channel before receiving the documents the
day Powell spoke. It was an incident that
would characterize America's intelligence-sharing
with the IAEA.
After
a few weeks of traveling back and forth between
Baghdad and Vienna, Baute sat down with the
dozen or so pages of U.S. intelligence on
Saddam's supposed nuclear procurements--the
aluminum tubes, the Niger uranium, and the
magnets. In the course of a day, Baute determined,
like the ambassador before him, that the Niger
document was fraudulent. Though the "president"
of Niger made reference to his powers under
the constitution of 1965, Baute performed
a quick Google search to learn that Niger's
latest constitution was drafted in 1999. There
were other obvious mistakes--improper letterhead,
an obviously forged signature, a letter from
a foreign minister who had not been in office
for eleven years. Baute also made quick work
of the aluminum tubes. He assembled a team
of experts--two Americans, two Britons, and
a German--with 120 years of collective experience
with centrifuges. After reviewing tens of
thousands of Iraqi transaction records and
inspecting Iraqi front companies and military
production facilities with the rest of the
IAEA unit, they concluded, according to a
senior IAEA official, that "all evidence points
to that this is for the rockets"--the same
conclusion reached by the State and Energy
Departments. As for the magnets, the IAEA
cross-referenced Iraq's declarations with
intelligence from various member states and
determined that nothing in Iraq's magnet procurements
"pointed to centrifuge enrichment," in the
words of an IAEA official with direct knowledge
of the effort. Rather, the magnets were for
projects as disparate as telephones and short-range
missiles. Baute, who according to a senior
IAEA official was in "almost daily" contact
with the American diplomatic mission in Vienna,
was surprised at the weakness of the U.S.
evidence. In one instance, Baute contacted
the mission after discovering the Niger document
forgeries and asked, as this official described
it, "Can your people help me understand if
I'm wrong? I'm not ready to close the book
on this file. If you've got any other evidence
that might be authentic, I need to see it,
and I'll follow up." Eventually, a response
came: The Americans and the British were not
disputing the IAEA's conclusions; no more
evidence would be provided.
On
March 7, IAEA Director-General Mohammed ElBaradei
delivered Baute's conclusions to the Security
Council. But, although the United States conceded
most of the IAEA's inconvenient judgments
behind closed doors, Vice President Cheney
publicly assaulted the credibility of the
organization and its director-general. "I
think Mr. ElBaradei frankly is wrong," Cheney
told Tim Russert on NBC's "Meet the Press"
on March 16. "I think, if you look at the
track record of the International Atomic Energy
Agency and this kind of issue, especially
where Iraq's concerned, they have consistently
underestimated or missed what it was Saddam
Hussein was doing. I don't have any reason
to believe they're any more valid this time
than they've been in the past." Incredibly,
Cheney added, "We believe [Saddam] has, in
fact, reconstituted nuclear weapons."
Cheney
was correct that the IAEA had failed to uncover
Iraq's covert uranium-enrichment program prior
to the Gulf war. But, before the war, the
IAEA was not charged with playing the role
of a nuclear Interpol. Rather, until the passage
of Resolution 687 in 1991, the IAEA was merely
supposed to review the disclosures of member
states in the field of nuclear development
to ensure compliance with the Nuclear Non-Proliferation
Treaty. By contrast, in the '90s, the IAEA
mounted more than 1,000 inspections in Iraq,
mostly without advance warning; sealed, expropriated,
or destroyed tons of nuclear material; and
destroyed thousands of square feet of nuclear
facilities. In fact, its activities formed
the baseline for virtually every intelligence
assessment regarding Iraq's nuclear weapons
program.
UNMOVIC
Chairman Hans Blix received similar treatment
from American officials--even though he repeatedly
told the Security Council that the Iraqis
had yet to account for the chemical and biological
weapons they had once possessed, a position
that strengthened the U.S. case for war. According
to The Washington Post, in early 2002 Wolfowitz
ordered a CIA report on Blix. When the report
didn't contain damning details, Wolfowitz
reportedly "hit the ceiling." And, as the
inspections were to begin, Perle said, "If
it were up to me, on the strength of his previous
record, I wouldn't have chosen Hans Blix."
In his February presentation, Powell suggested
that Blix had ignored evidence of Iraqi chemical
and biological weapons production. After stalling
for months, the United States finally shared
some of its intelligence with UNMOVIC. But,
according to UNMOVIC officials, none of the
intelligence it received yielded any incriminating
discoveries.
AFTERMATH
What
we must not do in the face of a mortal threat,"
Cheney instructed a Nashville gathering of
the Veterans of Foreign Wars in August 2002,
"is give in to wishful thinking or willful
blindness." Cheney's admonition is resonant,
but not for the reasons he intended. The Bush
administration displayed an acute case of
willful blindness in making its case for war.
Much of its evidence for a reconstituted nuclear
program, a thriving chemical-biological development
program, and an active Iraqi link with Al
Qaeda was based on what intelligence analysts
call "rumint." Says one former official with
the National Security Council, "It was a classic
case of rumint, rumor-intelligence plugged
into various speeches and accepted as gospel."
In
some cases, the administration may have deliberately
lied. If Bush didn't know the purported uranium
deal between Iraq and Niger was a hoax, plenty
of people in his administration did--including,
possibly, Vice President Cheney, who would
have seen the president's State of the Union
address before it was delivered. Rice and
Rumsfeld also must have known that the aluminum
tubes that they presented as proof of Iraq's
nuclear ambitions were discounted by prominent
intelligence experts. And, while a few administration
officials may have genuinely believed that
there was a strong connection between Al Qaeda
and Saddam Hussein, most probably knew they
were constructing castles out of sand.
The
Bush administration took office pledging to
restore "honor and dignity" to the White House.
And it's true: Bush has not gotten caught
having sex with an intern or lying about it
under oath. But he has engaged in a pattern
of deception concerning the most fundamental
decisions a government must make. The United
States may have been justified in going to
war in Iraq--there were, after all, other
rationales for doing so--but it was not justified
in doing so on the national security grounds
that President Bush put forth throughout last
fall and winter. He deceived Americans about
what was known of the threat from Iraq and
deprived Congress of its ability to make an
informed decision about whether or not to
take the country to war.
The
most serious institutional casualty of the
administration's campaign may have been the
intelligence agencies, particularly the CIA.
Some of the CIA's intelligence simply appears
to have been defective, perhaps innocently
so. Durbin says the CIA's classified reports
contained extensive maps where chemical or
biological weapons could be found. Since the
war, these sites have not yielded evidence
of any such weapons. But the administration
also turned the agency--and Tenet in particular--into
an advocate for the war with Iraq at a time
when the CIA's own classified analyses contradicted
the public statements of the agency and its
director. Did Tenet really fact-check Bush's
warning that Iraq could threaten the United
States with UAVs? Did he really endorse Powell's
musings on the links between Al Qaeda and
Saddam? Or had Tenet and his agency by then
lost any claim to the intellectual honesty
upon which U.S. foreign policy critically
depends--particularly in an era of preemptive
war?
Democrats
such as Durbin, Graham, and Senator Jay Rockefeller,
who has become the ranking member of the Intelligence
Committee, are now pressing for a full investigation
into intelligence estimates of the Iraqi threat.
This would entail public hearings with full
disclosure of documents and guarantees of
protection for witnesses who come forward
to testify. But it is not likely to happen.
Senator John Warner, the chairman of the Armed
Services Committee, initially called for public
hearings but recanted after Cheney visited
a GOP senators' lunch on June 4. Cheney, according
to Capitol Hill staffers, told his fellow
Republicans to block any investigation, and
it looks likely they will comply. Under pressure
from Democrats, Roberts, the new Intelligence
Committee chairman, has finally agreed to
a closed-door hearing but not to a public
or private investigation. According to Durbin,
the Republican plan is to stall in the hope
that the United States finds sufficient weapons
of mass destruction in Iraq to quiet the controversy.
The
controversy might, indeed, go away. Democrats
don't have the power to call hearings, and,
apart from Graham and former Vermont Governor
Howard Dean, the leading Democratic presidential
candidates are treating the issue delicately
given the public's overwhelming support for
the war. But there are worse things than losing
an election by going too far out on a political
limb--namely, failing to defend the integrity
of the country's foreign policy and its democratic
institutions. It may well be that, in the
not-too-distant future, preemptive military
action will become necessary--perhaps against
a North Korea genuinely bent on incinerating
Seoul or a nuclear Pakistan that has fallen
into the hands of radical Islamists. In such
a case, we the people will look to our leaders
for an honest assessment of the threat. But,
next time, thanks to George W. Bush, we may
not believe them until it is too late.
Correction:
This article originally referred to Trent
Lott as Senate majority leader in August of
2002. At the time he was Senate minority leader.
The article has been corrected to reflect
that change. We regret the error.
JOHN
B. JUDIS is a senior editor at TNR. SPENCER
ACKERMAN is an assistant editor at TNR.
Copyright
2003, The
New Republic


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