The U.S. House Permanent Select Committee on Intelligence has determined that there is no evidence that senior Bush administration officials distorted information on Iraqi WMD efforts to bolster the case for war, the Washington Times reported today. Committee Chairman Porter Goss (R-Fla.) said there is “absolutely no evidence that the intelligence was manipulated, distorted or in any way shaped or morphed to suit a preordained purpose.” Goss also said that the most important issue raised by the committee’s inquiry into prewar intelligence on Iraq was the inaccuracy of that intelligence. “The answer, I think, probably is because we didn’t have enough dots on the table for the analysts to draw a clear enough picture for our policy-makers,” he said (Guy Taylor, Washington Times, Feb. 12). In addition, Goss criticized former U.S. President Bill Clinton and his administration for reducing intelligence assets during the 1990s. He also said that Clinton himself rarely met with intelligence officials and was not “particularly engaged” on the subject (Pauline Jelinek, Associated Press/San Francisco Chronicle, Feb. 12). The Senate intelligence committee, meanwhile, is considering expanding the scope of its own inquiry into prewar intelligence on Iraq to consider the White House’s use of intelligence in making the case for war, according to congressional sources. The topic was discussed yesterday during a closed committee meeting. Among those involved in the discussion was Senator Charles Hagel (R-Neb.), who sources said was considering whether to back an expanded inquiry. An aide to a committee Democrat said a series of negotiations were underway. “There are groups all over the place meeting, and deals being brokered right and left,” the aide said (Greg Miller, Los Angeles Times, Feb. 12). CIA Modifies MethodsOfficials said yesterday that CIA Director George Tenet has ordered an end to an agency practice of withholding from analysts details about clandestine agents who provide information. The changes were ordered after an internal review found several occasions where analysts believed that Iraqi WMD information had been confirmed by multiple sources, when it had only come from a single source, said CIA Deputy Director for Intelligence Jami Miscik. “We are not brushing aside the agency’s duty to protect sources and methods, but barriers to sharing information must be removed,” Miscik said in a speech to CIA analysts, a copy of which was obtained by the Washington Post. “Analysts can no longer be put in a position of making a judgment on a critical issue without a full and comprehensive understanding of the source’s access to the information on which they are reporting,” Miscik said (Walter Pincus, Washington Post, Feb. 12). A senior official said yesterday that the reliability of all of the sources cited by Secretary of State Colin Powell in his presentation on Iraqi weapons of mass destruction to the U.N. Security Council last year is being reviewed. Former chief U.S. weapons inspector in Iraq David Kay has said that there are indications that the opposition groups Iraqi National Congress and Iraqi National Accord were infiltrated by agents of former Iraqi President Saddam Hussein prior to the war. Kay also has said that some of the sources cited by U.S. intelligence reports could turn out to be Hussein agents. Kay and U.S. officials have detailed two possible reasons why Hussein might have infiltrated opposition groups to plant misleading stories about his WMD efforts, according to Newsweek. One is that the agents were used to plant stories of continued WMD programs to deter enemies both inside and outside Iraq. A second theory is that Hussein sent agents to plant false WMD claims with the expectation that they would reach the United States and later be passed on to U.N. weapons inspectors, who would then discover they were not true, and thereby discredit Washington (Isikoff/Hosenball, Newsweek, Feb. 11). Powell Says He Was Surprised Weapons Were Not FoundMeanwhile, Powell told the House International Relations Committee yesterday that he was “surprised” that weapons of mass destruction have not been found in Iraq, but continued to defend the war. “We presented what we believed the truth to be at the time,” Powell said. “The reason we told you there were stockpiles there because we believed it to be true. … We were surprised when they did not turn up,” he added (Barry Schweid, Associated Press/Boston Globe, Feb. 12). Prewar Study Predicted Difficult WMD SearchAccording to USA Today, a classified U.S. intelligence study prepared three months before the Iraq war predicted difficulties in searching for alleged Iraqi weapons of mass destruction. The study cited several factors that would hinder the search, including guerilla warfare, looting and dishonest Iraqi officials. “Locating a program that from its conception has been driven by denial and deception imperatives is no small task,” the study says. “Prolonged insecurity with fractional violence and guerilla forces still at large would be the worst outcome for finding Saddam’s WMD arsenal,” it adds (John Diamond, USA Today, Feb. 12). CIA Offers Reward for WMD InformationThe CIA today posted a notice on its Web site calling for information from Iraqis on Hussein’s weapons of mass destruction and related programs in exchange for a reward. The agency promises “strict confidentiality” for those who provide information (CIA release, Feb. 12).
By David Ruppe Global Security Newswire
WASHINGTON — Over the past two weeks, senior Bush administration officials appeared to have abandoned one of their principal justifications for the Iraq invasion last year: the idea that Iraq possessed weapons of mass destruction that required the United States to conduct an urgent, pre-emptive war. Instead, various officials including President George W. Bush and Secretary of State Colin Powell have reasserted another previously given rationale: that the invasion was justified as a preventive action because former Iraqi President Saddam Hussein had “intent” and latent “capabilities” for threatening the United States in the future. In a Feb. 2 statement justifying the attack, Bush said, “We do know that Saddam Hussein had the intent and capabilities to cause great harm. We know he was a danger.” Echoing that statement, Vice President Dick Cheney said in a Feb. 7 speech, “We know that Saddam had the capability to produce weapons of mass destruction. … We know that Saddam Hussein had the intent to arm his regime with weapons of mass destruction. … There is no question that America did the right thing in Iraq.” Testifying before Congress yesterday, Powell expanded the administration’s argument, arguing that even though Iraq apparently lacked any weapons or active programs, its suspected intent to acquire them someday and its capability to do so equated to a threat. “We had to look at it in terms of a threat that is gotten to by an examination of the intent of an opponent and the capability that opponent has. You put those two together and it equals a threat,” he said. Those and similar statements coincide with recently revealed intelligence community conclusions that Iraq probably did not possess such weapons before the war and was not an “imminent” threat even with suspected weapons. While critics charge the administration had overstated Iraqi capabilities based on the intelligence, and is now shifting its justification, officials have maintained they never said the war was justified to pre-empt an imminent threat and had in fact previously argued that the invasion would be a preventive measure. Regardless of the administration’s prior rationale, however, the current emphasis on a “preventive war” justification has fueled further public debate over whether the invasion was justified, with critics saying that prevention is no more valid a rationale than the administration’s pre-emption case. “President Bush said that his decision to go to war with Iraq when he did was because Saddam Hussein had ‘the ability to make weapons.’ This is a far cry from what the president and his administration told the American people throughout 2002, ” said Democratic presidential candidate front-runner Senator John Kerry (Mass.) in a statement reported Monday by the New York Times. “I don’t think that’s any justification whatever for attacking a country,” said arms control expert Jonathan Dean of the Union of Concerned Scientists. Problems with Preventive WarThe concept of “preventive war” is distinct from that of “pre-emption” in that it is intended to address a predicted threat, as opposed to a demonstrably imminent threat. Application of either rationale, however, can pose difficulties. Preventive war is not considered legal under customary international law and could be used as a pretext for naked aggression, experts said. “Military attack on another state in the absence of an imminent threat is widely considered to be aggression,” wrote Carnegie Endowment for International Peace nonproliferation expert George Perkovich in a Feb. 2 commentary in the Washington Times. After World War II, former German leaders on trial argued that Nazi leader Adolf Hitler’s decision to invade Norway and Denmark was justified as preventive, said Dean. U.N. Secretary General Kofi Annan in a major address last year criticized the rationale. “My concern is that, if it were to be adopted, it could set precedents that resulted in a proliferation of unilateral and lawless use of force, with or without justification,” he said. The pre-emption justification on the other hand — which might draw stronger domestic support and international legitimacy — requires definitive evidence of an imminent threat to be considered legal, a difficult challenge in the face of authoritarian regimes and the secrecy of terrorist groups, administration officials have said. While some officials still hold out the prospect of finding weapons, the pre-emptive justification for Iraq apparently was arguably undercut by reports of no chemical, biological or nuclear weapons or active programs by U.S. inspectors last October and more recently in congressional testimony late last month by their former leader David Kay. The most they could report was evidence of “weapons of mass destruction-related program-related activities,” a phrase repeated by Bush in his 2004 State of the Union address and ridiculed by critics. Preventive War Was UrgedPerhaps even more damaging to the pre-emption case than Kay’s testimony, experts said, was CIA Director George Tenet’s statement last week that the intelligence community “never said there was an imminent threat,” even though it suspected that Iraq possessed chemical and biological weapons. With that phrase, Dean said, the intelligence community “was drawing a line between their reports and what the administration made of them. The administration added the dimension of immediacy and urgency.” Administration officials now maintain they never called Iraq an imminent threat. “I think, if I might remind you, that in my language I called it ‘a grave and gathering threat,’ but I don’t want to get into word contests,” Bush said in an interview on Meet the Press last weekend. Moreover, the administration did, as it turns out, make a preventive war case prior to the conflict, prompting the rationale to be dubbed the Bush Doctrine. In a “National Security Strategy” document released in September 2002, in particular, the administration argued for expanding the definition of pre-emption to include preventive war against states suspected of developing chemical, biological or nuclear weapons and with alleged terrorist ties. Preventive war should be justifiable, the document argued, to counter the possibility that a state with such weapons might share the capability with terrorists that could attack the United States without presenting evidence of an imminent threat. “Our enemies are seeking weapons of mass destruction. America will act against such emerging threats before they are fully formed,” it said. Speeches by Bush and other officials also argued a preventive justification for attacking Iraq specifically, including a key presidential address days before the invasion. “We are now acting because the risks of inaction would be far greater. In one year, or five years, the power of Iraq to inflict harm on all free nations would be multiplied many times over,” Bush said. So Apparently Was Pre-EmptionThat speech like many others, however, also conveyed a sense of immediacy to the alleged Iraqi threat, in particular by citing with certainty the existence of banned weapons. “Intelligence gathered by this and other governments leaves no doubt that the Iraq regime continues to possess and conceal some of the most lethal weapons ever devised,” Bush said. “The danger is clear: Using chemical, biological or, one day, nuclear weapons obtained with the help of Iraq, the terrorists could fulfill their stated ambitions and kill thousands or hundreds of thousands of innocent people in our country or any other,” he said. Senator Carl Levin (D-Mich.), at a recent hearing with Kay, cited an August 2002 Cheney statement that “there is no doubt that Saddam Hussein now has weapons of mass destruction. There is no doubt he is amassing them to use against our friends, against our allies and against us.” “What the president referred to as a ‘word contest’ regarding the threat from Iraq is, in fact, his attempt to change the rationale for going to war and rewrite the history of what has occurred,” said Center for American Progress President John Podesta in a recent statement. Officials “purposely never said that Iraq posed an ‘imminent’ threat, although they used rhetoric to convey that immediate military action was necessary,” said Perkovich in his Washington Times piece. In light of Tenet’s statement, administration officials probably knew there was no intelligence case for pre-emptive war, but they nevertheless implied an urgent threat, says Lawrence Korb of the Center for American Progress. “They were sending all kinds of messages,” he said. Powell himself, on the other hand, appeared to acknowledge the prominence of the pre-emption rationale in his thinking when he said this month that he might not have supported the war had he known Iraq possessed no banned weapons stockpiles. “It was the stockpile … that made it more of a real and present danger and threat to the region and the world. The absence of a stockpile changes the political calculus. It changes the answer you get,” he told the Washington Post (see GSN, Feb. 3, 2004). Today’s MessageTop administration officials now are stressing the preventive case, saying Iraqi “intentions” and “capabilities” indicated Iraq would one day attack the United States with weapons of mass destruction. “The right thing was done. … I think it was clear that this was a regime with intent, capability, and it was a risk the president felt strongly we could not take,” Powell said on Feb. 3. Bush reiterated the preventive war justification during the Sunday interview, saying Kay “did report to the American people that Saddam had the capacity to make weapons. Saddam Hussein was dangerous with weapons. I believe it is essential that when we see a threat we deal with those threats before they become imminent. It’s too late if they become imminent.” UCS expert Dean said even though administration officials are stressing the preventive war justification it will not likely be used to justify an attack on another country soon. “My view is that you’re not going to get the American electorate to back the costs, human and material costs, for the invasion of another country on the idea that they might have WMD,” he said. Kerry, along with the other top Democratic candidates, indicated opposition to the prevention rationale in responses to a questionnaire last fall. “I support the right of pre-emption in the face of an imminent threat, but the Bush doctrine of pre-emptive war is a dangerous departure from the time tested principles of American foreign policy that have kept us safe,” he wrote.
By Mike Nartker Global Security Newswire
WASHINGTON — The U.S. Commerce Department needs to improve its procedures for ensuring that dual-use exports are being properly used, congressional auditors said in a report released yesterday (see GSN, Oct. 21, 2003). Dual-use exports are items that can be used in civilian and conventional military applications, as well as to develop weapons of mass destruction. From fiscal 2000 to fiscal 2002, the department approved more than 26,000 export licenses for dual-use items, with almost 30 percent of those licenses involving exports to countries of proliferation concern to the United States, such as China and India, according to the U.S. General Accounting Office report. To ensure that dual-use exports are being properly used and not diverted to other purposes, the Commerce Department sends personnel to foreign companies to conduct a post-shipment verification (PSV) check to verify the use and location of the item. The GAO found, however, that only a small number of dual-use export licenses were subject to PSV inspections, according to the report. It says that from fiscal 2000 to fiscal 2002, PSVs were conducted on only 6 percent of 7680 dual-use licenses approved for companies in countries of concern. Concerns about the possible misuse of dual-use exports have risen as more details are learned about an international nuclear black market recently outed by the confession of a top Pakistani nuclear scientist. For example, recent reports have described a shipment of centrifuge components from a Malaysian-based company that were ultimately diverted to Libya for suspected use in Tripoli’s nuclear program. In its report, the GAO criticized the department’s procedures for having several flaws that reduced the effectiveness of the PSV checks. The report says that 36 percent of companies in countries of concern reported that U.S. officials did not ask them about compliance with export license conditions during PSV inspections. In addition, 75 percent of the officials that conducted PSV checks between 2000 to 2002 reported they lacked technical training in a number of technologies that accounted for almost 90 percent of the checks conducted, the report says. The report also notes that some countries of concern, “most notably China,” limit access to facilities where dual-use items are shipped, hindering PSV inspections. Last fall, Undersecretary of Commerce for Industry and Security Kenneth Juster highlighted U.S. concerns over China’s reluctance to fully cooperate with on-site inspections during a speech before the Update 2003 Export Controls and Policy Conference in Washington. “Although we have made some progress with the Chinese in this area, much more needs to be done in order to have an effective system in place. Without further progress, our ability to license exports to certain Chinese companies will decrease,” Juster said. In its report, the GAO made several recommendations to improve the PSV inspection process, including improved technical training for department personnel conducting the checks and ensuring that they assess compliance with license conditions. The report says the department “generally agreed” with the recommendation and that the department has already begun to implement similar measures.
A demand by the European Union for Syria to fully comply with its nonproliferation obligations could wreck a trade agreement reached late last year, the Financial Times reported today (see GSN, Jan. 7). The EU has included in the agreement a “conditionality” clause that states Syria must comply with its Nuclear Nonproliferation Treaty commitments and other nonproliferation obligations, according to the Times. A lack of Syrian compliance could lead to the agreement being suspended, a EU diplomat said. The nonproliferation clause states that Syria should “work towards” implementing its nonproliferation obligations, the Times reported. Germany, the Netherlands and the United Kingdom, though, want the clause in the trade agreement to reflect one agreed by EU foreign ministers in November to be included in agreements with other countries. That clause says countries should “take steps” to fulfill nonproliferation obligations. “It is more concrete, but the sentiment is the same,” a diplomat said (Judy Dempsey, Financial Times, Feb. 12).
U.S. Secretary of State Colin Powell yesterday praised Libya’s progress in opening its WMD program to U.S. and international inspectors (see GSN, Feb. 11). When asked by members of the House International Relations Committee about Libya’s performance so far, Powell said, “The answer is very, very well.” “I had to sort of retrain myself and some of the old-timers on my staff that this is not like the Soviet Union, where we were pulling (weapons information) out of them,” Powell said. The Libyans “are pushing it at us,” he added (David Sands, Washington Times, Feb. 12).
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