Pat Leahy: "Intelligence Committee About to 'Cave' on Survellance"

The Hill reports:

Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) on Thursday condemned Intelligence Committee Democrats for brokering a deal with the White House that would provide retroactive immunity for telephone companies that assisted the Bush administration’s controversial warrantless wiretapping program.

At the second day of confirmation hearings for President Bush’s Attorney General-nominee Michael Mukasey, Leahy warned that “the Intelligence Committee is about to cave on this,” citing pressure from the White House and press reports suggesting the administration had gotten its way.

“[Administration officials] know that it was illegal conduct and that there is no saving grace for the president to say, ‘Well, I was acting with authority,’ ” said Leahy. “Otherwise there wouldn't be so much pressure on us to immunize illegal conduct by either people acting within our government or within the private industry.”

Leahy’s remarks signal that a bipartisan accord to overhaul the 1978 Foreign Intelligence Surveillance Act (FISA), reached Wednesday by the Intelligence panel’s leaders and the White House, could divide Democrats and hit a roadblock on his panel as well. The Intelligence Committee marks up the bill Thursday afternoon, after which it will be referred to Judiciary, where more Democrats have openly opposed retroactive immunity language.

His comments also come as House Democratic efforts to overhaul the law are falling into disarray, after House Republicans used parliamentary maneuvers to force leaders to pull the Democrats’ FISA rewrite from the floor late Wednesday.

Attempting to resolve a central point of contention, Senate Intelligence panel Chairman Jay Rockefeller (D-W.Va.) reportedly reached a deal Wednesday with Director of National Intelligence Mike McConnell to give full retroactive immunity to telephone companies if they can demonstrate they were cooperating lawfully with the secret wiretapping program when suits were levied against them.

Not all Democrats on the Judiciary Committee appeared to share Leahy’s concerns. Sen. Dianne Feinstein (D-Calif.), who sits on both the Judiciary and Intelligence panels, signaled she was likely to support the bipartisan approach.

“At this stage, it is a bipartisan bill,” Feinstein said. “I’m absolutely convinced that the only way we can legislate on this is on a bipartisan basis. This bill so far is bipartisan — that’s good news.”

During the hearing, Democrats launched fresh criticism at Mukasey’s interpretation of FISA. After the nominee indicated that Bush was not acting illegally by going beyond that statute in authorizing eavesdropping without court warrants, Leahy called that argument “a loophole big enough to drive a truck [through].”

Whether the president is acting illegally “would have to depend on whether what goes outside the statute nonetheless lies within the authority of the president to defend the country,” Mukasey said.

White House to Give Senate Panel Surveillance Program Documents

The Washington Post reports:

The White House agreed yesterday to give Senate intelligence committee members and staff access to internal documents related to its domestic surveillance program in a bid to win Democratic lawmakers' support for the administration's version of an intelligence measure.

The move was meant in part to defuse a months-long clash between Congress and the Bush administration over access to legal memoranda and presidential decisions underpinning the Terrorist Surveillance Program, which allowed the government to eavesdrop without court warrants on communications between people in the United States and abroad when one of the parties is a terrorism-related suspect.

Some of the documents had been demanded by Senate Judiciary Committee members as a condition for considering the administration's nomination of former judge Michael B. Mukasey as the nation's 81st attorney general. Sen. Patrick J. Leahy (D-Vt.), the committee's chairman, dropped that condition weeks ago but said yesterday that he still wants to see the documents.

Leahy told reporters after a meeting with Mukasey yesterday that he nonetheless expects Mukasey "to be confirmed" after a nomination hearing today, at which Mukasey is to be escorted into the room by Leahy and the committee's ranking Republican, Sen. Arlen Specter (Pa.). Mukasey is to be formally introduced by Sens. Joseph I. Lieberman (I-Conn.) and Charles E. Schumer (D-N.Y.).

Schumer indicated after meeting separately with Mukasey yesterday that he expects the judge to promise to undertake a review of the department's legal justifications for the administration's counterterrorism policies, which are the subject of some of the documents made available to intelligence committee staff and members for review at the White House.

Mukasey has indicated that he strongly supports the administration's counterterrorism effort.

Committee member Dianne Feinstein (D-Calif.), who also sits on the Judiciary panel, said however that when one of her staff members reviewed the documents, "he wasn't impressed." She added that she was unsure whether the documents the staff member saw were exactly what Leahy was seeking.

Sen. Christopher S. Bond (Mo.), the intelligence committee's ranking Republican, was more positive. "We're getting the information I think we need."

But House Democrats, who plan to vote today on a bill that would restrict domestic surveillance powers more tightly than the administration wants, complained yesterday that they should have been permitted the same access.

"Although even these materials are far short of the information that Congress has requested for more than a year on this crucial subject, we are extremely disappointed that the available information is being withheld from the House," Judiciary Committee Chairman John Conyers Jr. (D-Mich.) said in a letter yesterday to White House counsel Fred F. Fielding.

Besides trying to quiet congressional accusations of a coverup, the administration wants in particular to win support for a legal provision providing immunity for telecommunications companies that have been sued for violating privacy rights when they assisted the government's domestic surveillance effort.

White House spokesman Tony Fratto said that administration officials "routinely meet with members of Congress and their staffs to provide them with information they need when they are considering and drafting legislation." In this case, he said, members of the Senate intelligence panel "requested access to certain materials to assist their consideration" of relief for the companies.

In addition to seeking documents related to the surveillance program, Leahy has sought internal legal opinions related to torture issues involving terrorism suspects and testimony from White House advisers connected to the firing of nine U.S. attorneys last year.

Leahy said his questioning at the hearing today will be aimed at eliciting statements from Mukasey about the legality of torturing terrorism suspects and threats to the independence of federal prosecutors that impinge on their efforts to pursue cases regardless of political sensitivities. "How are you going to clean up this mess?" Leahy said he probably will ask Mukasey.

Mukasey has already sought to assure lawmakers in private that he will not let politics intrude on the department's decisions. "He will be light-years better than his predecessor," Leahy said, referring to former attorney general Alberto R. Gonzales, who resigned in late August after making a series of statements about the attorney firings and surveillance programs that were disputed by his former colleagues and lawmakers from both parties.

Cheney and Libby Blocked Papers To Senate Intelligence Committee

Cheney had been the foremost administration advocate for war with Iraq, and Libby played a central staff role in coordinating the sale of the war to both the public and Congress.

At the National Journal, Murray Waas reports:

Vice President Cheney and his chief of staff, I. Lewis "Scooter" Libby, overruling advice from some White House political staffers and lawyers, decided to withhold crucial documents from the Senate Intelligence Committee in 2004 when the panel was investigating the use of pre-war intelligence that erroneously concluded Saddam Hussein had weapons of mass destruction, according to Bush administration and congressional sources.

Among the White House materials withheld from the committee were Libby-authored passages in drafts of a speech that then-Secretary of State Colin L. Powell delivered to the United Nations in February 2003 to argue the Bush administration's case for war with Iraq, according to congressional and administration sources. The withheld documents also included intelligence data that Cheney's office -- and Libby in particular -- pushed to be included in Powell's speech, the sources said.

The new information that Cheney and Libby blocked information to the Senate Intelligence Committee further underscores the central role played by the vice president's office in trying to blunt criticism that the Bush administration exaggerated intelligence data to make the case to go to war.

The disclosures also come as Special Prosecutor Patrick Fitzgerald wraps up the nearly two-year-old CIA leak investigation that has focused heavily on Libby's role in discussing covert intelligence operative Valerie Plame with reporters. Fitzgerald could announce as soon as tomorrow whether a federal grand jury is handing up indictments in the case.

Central to Fitzgerald's investigation is whether administration officials disclosed Plame's identity and CIA status in an effort to discredit her husband, former ambassador and vocal Bush administration critic Joseph Wilson, who wrote newspaper op-ed columns and made other public charges beginning in 2003 that the administration misused intelligence on Iraq that he gathered on a CIA-sponsored trip to Africa.

In recent weeks Fitzgerald's investigation has zeroed in on the activities of Libby, who is Cheney's top national security and foreign policy advisor, as well as the conflict between the vice president's office on one side and the CIA and State Department on the other over the use of intelligence on Iraq. The New York Times reported this week, for example, that Libby first learned about Plame and her covert CIA status from Cheney in a conversation with the vice president weeks before Plame's cover was blown in a July 2003 newspaper column by Robert Novak.

The Intelligence Committee at the time was trying to determine whether the CIA and other intelligence agencies provided faulty or erroneous intelligence on Iraq to President Bush and other government officials. But the committee deferred the much more politically sensitive issue as to whether the president and the vice president themselves, or other administration officials, misrepresented intelligence information to bolster the case to go to war. An Intelligence Committee spokesperson says the panel is still working on this second phase of the investigation.

Had the withheld information been turned over, according to administration and congressional sources, it likely would have shifted a portion of the blame away from the intelligence agencies to the Bush administration as to who was responsible for the erroneous information being presented to the American public, Congress, and the international community.

In April 2004, the Intelligence Committee released a report that concluded that "much of the information provided or cleared by the Central Intelligence Agency for inclusion in Secretary Powell's [United Nation's] speech was overstated, misleading, or incorrect."

Both Republicans and Democrats on the committee say that their investigation was hampered by the refusal of the White House to turn over key documents, although Republicans said the documents were not as central to the investigation.

In addition to withholding drafts of Powell's speech -- which included passages written by Libby -- the administration also refused to turn over to the committee contents of the president's morning intelligence briefings on Iraq, sources say. These documents, known as the Presidential Daily Brief, or PDB, are a written summary of intelligence information and analysis provided by the CIA to the president.

One congressional source said, for example, that senators wanted to review the PDBs to determine whether dissenting views from the State Department's Bureau of Intelligence and Research, the Department of Energy, and other agencies that often disagreed with the CIA on the question of Iraq's programs to develop weapons of mass destruction were being presented to the president.

An administration spokesperson said that the White House was justified in turning down the document demand from the Senate, saying that the papers reflected "deliberative discussions" among "executive branch principals" and were thus covered under longstanding precedent and executive privilege rules. Throughout the president's five years in office, the Bush administration has been consistently adamant about not turning internal documents over to Congress and other outside bodies.

At the same time, however, administration officials said in interviews that they cannot recall another instance in which Cheney and Libby played such direct personal roles in denying foreign policy papers to a congressional committee, and that in doing so they overruled White House staff and lawyers who advised that the materials should be turned over to the Senate panel.

Administration sources also said that Cheney's general counsel, David Addington, played a central role in the White House decision not to turn over the documents. Addington did not return phone calls seeking comment. Cheney's office declined to comment after requesting that any questions for this article be submitted in writing.

A former senior administration official familiar with the discussions on whether to turn over the materials said there was a "political element" in the matter. This official said the White House did not want to turn over records during an election year that could used by critics to argue that the administration used incomplete or faulty intelligence to go to war with Iraq. "Nobody wants something like this dissected or coming out in an election year," the former official said.

But the same former official also said that Libby felt passionate that the CIA and other agencies were not doing a good job at intelligence gathering, that the Iraqi war was a noble cause, and that he and the vice president were only making their case in good faith. According to the former official, Libby cited those reasons in fighting for the inclusion in Powell's U.N. speech of intelligence information that others mistrusted, in opposing the release of documents to the Intelligence Committee, and in moving aggressively to counter Wilson's allegations that the Bush administration distorted intelligence findings.

Both Republicans and Democrats on the committee backed the document request to the White House regarding Libby's drafts of the Powell speech, communications between Libby and other administration officials on intelligence information that might be included in the speech, and Libby's contacts with officials in the intelligence community relating to Iraq.

In his address to the United Nations on February 5, 2003, Powell argued that intelligence information showed that Saddam Hussein's regime was aggressively pursuing programs to develop chemical, biological, and nuclear weapons

Only after the war did U.N. inspectors and the public at large learn that the intelligence data had been incorrect and that Iraq had been so crippled by international sanctions that it could not sustain such a program.

The April 2004 Senate report blasted what it referred to as an insular and risk- averse culture of bureaucratic "group think" in which officials were reluctant to challenge their own longstanding notions about Iraq and its weapons programs. All nine Republicans and eight Democrats signed onto this document without a single dissent, a rarity for any such report in Washington, especially during an election year.

After the release of the report, Intelligence Committee, Chairman Pat Roberts, R-Kan., and Vice Chairman Jay Rockefeller, D-W.Va., said they doubted that the Senate would have authorized the president to go to war if senators had been given accurate information regarding Iraq's programs on weapons of mass destruction.

"I doubt if the votes would have been there," Roberts said. Rockefeller asserted, "We in Congress would not have authorized that war, in 75 votes, if we knew what we know now."

Roberts' spokeswoman, Sarah Little, said the second phase of the committee's investigation would also examine how pre-war intelligence focused on the fact that intelligence analysts -- while sounding alarms that a humanitarian crisis that might follow the war - failed to predict the insurgency that would arise after the war.

Little says that it was undecided whether the committee would produce a classified report, a declassified one that could ultimately be made public, or hold hearings.

When the 2004 Senate Intelligence Committee was made public, Bush, Cheney, and other administration officials cited it as proof that the administration acted in good faith on Iraq and relied on intelligence from the CIA and others that it did not know was flawed.

But some congressional sources say that had the committee received all the documents it requested from the White House the spotlight could have shifted to the heavy advocacy by Cheney's office to go to war. Cheney had been the foremost administration advocate for war with Iraq, and Libby played a central staff role in coordinating the sale of the war to both the public and Congress.

In advocating war with Iraq, Libby was known for dismissing those within the bureaucracy who opposed him, whether at the CIA, State Department, or other agencies. Supporters say that even if Libby is charged by the grand jury in the CIA leak case, he waged less a personal campaign against Wilson and Plame than one that reflected a personal antipathy toward critics in general.

Lawrence Wilkerson, who served as chief of staff to Powell as Secretary of State, charged in a recent speech that there was a "cabal between Vice President Cheney and Secretary of Defense [Donald L.] Rumsfeld on critical decisions that the bureaucracy did not know was being made."

In interagency meetings in preparation for Powell's U.N. address, Wilkerson, Powell, and senior CIA officials argued that evidence Libby wanted to include as part of Powell's presentation was exaggerated or unreliable. Cheney, too, became involved in those discussions, sources said, when he believed that Powell and others were not taking Libby's suggestions seriously.

Wilkerson has said that he ordered "whole reams of paper" of intelligence information excluded from Libby's draft of Powell's speech. Another official recalled that Libby was pushing so hard to include certain intelligence information in the speech that Libby lobbied Powell for last minute changes in a phone call to Powell's suite at the Waldorf Astoria hotel the night before the speech. Libby's suggestions were dismissed by Powell and his staff.

John E. McLaughlin, then-deputy director of the CIA, has testified to Congress that "much of our time in the run-up to the speech was spent taking out material... that we and the secretary's staff judged to have been unreliable."

The passion that Libby brought to his cause is perhaps further illustrated by a recent Los Angeles Times report that in April 2004, months after Fitzgerald's leak investigation was underway, Libby ordered "a meticulous catalog of Wilson's claims and public statements going back to early 2003" because Libby was "consumed by passages that he believed were inaccurate or unfair" to him.

The newspaper reported that the "intensity with which Libby reacted to Wilson had many senior White House staffers puzzled, and few agreed with his counterattack plan, or its rationale."

A former administration official said that "this might have been about politics on some level, but it is also personal. [Libby] feels that his honor has been questioned, and his instinct is to strike back."

Now, as Libby battles back against possible charges by a special prosecutor, he might be seeking vindication on an entirely new level.

Joe Wilson's Response To The Senate Intelligence Committee Report

From Buzzflash.com:

Ambassador Joe Wilson forwarded to BuzzFlash his response to the Senate Select Intelligence Committee's "conclusions"* about his efforts to expose the truth about the phony Niger claims, and how he came to investigate them.

He asked that we share his evidence with our readers.

_{* Senate Intelligence Committee Report [.pdf].}

The Honorable Pat Roberts
Chairman, Senate Select Committee on Intelligence

The Honorable Jay Rockefeller
Vice Chairman, Senate Select Committee on Intelligence

Dear Senator Roberts and Senator Rockefeller,

I read with great surprise and consternation the Niger portion of Senators Roberts, Bond and Hatch "additional comments to the Senate Select Intelligence Committee's Report on the U.S. Intelligence Community's Prewar Assessment on Iraq." I am taking this opportunity to clarify some of the issues raised in these comments.

First conclusion: "The plan to send the former ambassador to Niger was suggested by the former ambassador's wife, a CIA employee."

That is not true. The conclusion is apparently based on one anodyne quote from a memo Valerie Plame, my wife sent to her superiors that says "my husband has good relations with the PM (prime minister) and the former Minister of Mines, (not to mention lots of French contacts) both of whom could possibly shed light on this sort of activity." There is no suggestion or recommendation in that statement that I be sent on the trip. Indeed it is little more than a recitation of my contacts and bona fides. The conclusion is reinforced by comments in the body of the report that a CPD reports officer stated the "the former ambassador's wife `offered up his name'" (page 39) and a State Department Intelligence and Research officer that the "meeting was `apparently convened by [the former ambassador's] wife who had the idea to dispatch him to use his contacts to sort out the Iraq-Niger uranium issue."

In fact, Valerie was not in the meeting at which the subject of my trip was raised. Neither was the CPD Reports officer. After having escorted me into the room, she departed the meeting to avoid even the appearance of conflict of interest. It was at that meeting where the question of my traveling to Niger was broached with me for the first time and came only after a thorough discussion of what the participants did and did not know about the subject. My bona fides justifying the invitation to the meeting were the trip I had previously taken to Niger to look at other uranium related questions as well as 20 years living and working in Africa, and personal contacts throughout the Niger government. Neither the CPD reports officer nor the State analyst were in the chain of command to know who, or how, the decision was made. The interpretations attributed to them are not the full story. In fact, it is my understanding that the Reports Officer has a different conclusion about Valerie's role than the one offered in the "additional comments". I urge the committee to reinterview the officer and publicly publish his statement.

It is unfortunate that the report failed to include the CIA's position on this matter. If the staff had done so it would undoubtedly have been given the same evidence as provided to Newsday reporters Tim Phelps and Knut Royce in July, 2003. They reported on July 22 that:

"A senior intelligence officer confirmed that Plame was a Directorate of Operations undercover officer who worked `alongside' the operations officers who asked her husband to travel to Niger.

"But he said she did not recommend her husband to undertake the Niger assignment. `They (the officers who did ask Wilson to check the uranium story) were aware of who she was married to, which is not surprising,' he said. `There are people elsewhere in government who are trying to make her look like she was the one who was cooking this up, for some reason,' he said. `I can't figure out what it could be.'

"We paid his (Wilson's) airfare. But to go to Niger is not exactly a benefit. Most people you'd have to pay big bucks to go there,' the senior intelligence official said. Wilson said. he was reimbursed only for expenses." (Newsday article Columnist blows CIA Agent's cover, dated July 22, 2003).

In fact, on July 13 of this year, David Ensor, the CNN correspondent, did call the CIA for a statement of its position and reported that a senior CIA official confirmed my account that Valerie did not propose me for the trip:

"'She did not propose me', he [Wilson] said--others at the CIA did so. A senior CIA official said that is his understanding too.'"

Second conclusion: "Rather that speaking publicly about his actual experiences during his inquiry of the Niger issue, the former ambassador seems to have included information he learned from press accounts and from his beliefs about how the Intelligence Community would have or should have handled the information he provided."

This conclusion states that I told the committee staff that I "may have become confused about my own recollection after the International Atomic Energy Agency (IAEA) reported that the names and dates on the documents were not correct." At the time that I was asked that question, I was not afforded the opportunity to review the articles to which the staff was referring. I have now done so.

On March 7, 2003 the Director General of the IAEA reported to the United Nations Security Council that the documents that had been given to him were "not authentic". His deputy, Jacques Baute, was even more direct, pointing out that the forgeries were so obvious that a quick Google search would have exposed their flaws. A State Department spokesman was quoted the next day as saying about the forgeries "We fell for it." From that time on the details surrounding the documents became public knowledge and were widely reported. I was not the source of information regarding the forensic analysis of the documents in question; the IAEA was.

The first time I spoke publicly about the Niger issue was in response to the State Department's disclaimer. On CNN a few days later, in response to a question, I replied that I believed the US government knew more about the issue than the State Department spokesman had let on and that he had misspoken. I did not speak of my trip.

My first public statement was in my article of July 6 published in the New York Times, written only after it became apparent that the administration was not going to deal with the Niger question unless it was forced to. I wrote the article because I believed then, and I believe now, that it was important to correct the record on the statement in the President's State of the Union address which lent credence to the charge that Iraq was actively reconstituting its nuclear weapons program. I believed that the record should reflect the facts as the US government had known them for over a year. The contents of my article do not appear in the body of the report and is not quoted in the "additional comments." In that article, I state clearly that "As for the actual memorandum, I never saw it. But news accounts have pointed out that the documents had glaring errors - they were signed, for example, by officials who were no longer in government - and were probably forged. (And then there's the fact that Niger formally denied the charges.)"

The first time I actually saw what were represented as the documents was when Andrea Mitchell, the NBC correspondent handed them to me in an interview on July 21. I was not wearing my glasses and could not read them. I have to this day not read them. I would have absolutely no reason to claim to have done so. My mission was to look into whether such a transaction took place or could take place. It had not and could not. By definition that makes the documents bogus.

The text of the "additional comments" also asserts that "during Mr. Wilson's media blitz, he appeared on more than thirty television shows including entertainment venues. Time and again, Joe Wilson told anyone who would listen that the President had lied to the American people, that the Vice President had lied, and that he had "debunked" the claim that Iraq was seeking uranium from Africa."

My article in the New York Times makes clear that I attributed to myself "a small role in the effort to verify information about Africa's suspected link to Iraq's nonconventional weapons programs." After it became public that there were then Ambassador to Niger, Barbro Owens-Kirkpatrick's report and the report from a four star Marine Corps General, Carleton Fulford in the files of the U. S. government, I went to great lengths to point out that mine was but one of three reports on the subject. I never claimed to have "debunked" the allegation that Iraq was seeking uranium from Africa. I claimed only that the transaction described in the documents that turned out to be forgeries could not have and did not occur. I did not speak out on the subject until several months after it became evident that what underpinned the assertion in the State of the Union address were those documents, reports of which had sparked Vice President Cheney's original question that led to my trip. The White House must have agreed. The day after my article appeared in the Times a spokesman for the President told the Washington Post that "the sixteen words did not rise to the level of inclusion in the State of the Union."

I have been very careful to say that while I believe that the use of the sixteen words in the State of the Union address was a deliberate attempt to deceive the Congress of the United States, I do not know what role the President may have had other than he has accepted responsibility for the words he spoke. I have also said on many occasions that I believe the President has proven to be far more protective of his senior staff than they have been to him.

The "additional comments" also assert: "The Committee found that, for most analysts the former ambassador's report lent more credibility, not less, to the reported Niger-Iraq uranium deal." In fact, the body of the Senate report suggests the exact opposite:

* In August, 2002, a CIA NESA report on Iraq's weapons of Mass Destruction capabilities did not include the alleged Iraq-Niger uranium information. (pg. 48)
In September, 2002, during coordination of a speech with an NSC staff member, the CIA analyst suggested the reference to Iraqi attempts to acquire uranium from Africa be removed. The CIA analyst said the NSC staff member said that would leave the British "flapping in the wind." (pg. 50)

The uranium text was included in the body of the NIE but not in the key judgments. When someone suggested that the uranium information be included as another sign of reconstitution, the INR Iraq nuclear analyst spoke up and said the he did not agree with the uranium reporting and that INR would be including text indicating their disagreement in their footnote on nuclear reconstitution. The NIO said he did not recall anyone really supporting including the uranium issue as part of the judgment that Iraq was reconstituting its nuclear program, so he suggested that the uranium information did not need to be part of the key judgments. He told Committee staff he suggested that "We'll leave it in the paper for completeness. Nobody can say we didn't connect the dots. But we don't have to put that dot in the key judgments." (pg. 53)

On October 2, 2002, the Deputy DCI testified before the SSCI. Senator Jon Kyl asked the Deputy DCI whether he had read the British White Paper and whether he disagreed with anything in the report. The Deputy DCI testified that "the one thing where I think they stretched a little bit beyond where we would stretch is on the points about where Iraq seeking uranium from various African locations. (pg.54)

On October 4, 2002 the NIO for Strategic and Nuclear Programs testified that "there is some information on attempts ....there's a question about those attempts because of the control of the material in those countries...For us it's more the concern that they (Iraq) uranium in country now. (pg. 54)

On October 5, 2002, the ADDI said an Iraq nuclear analyst - he could not remember who - raised concerns about the sourcing and some of the facts of the Niger reporting, specifically that the control of the mines in Niger would have made it very difficult to get yellowcake to Iraq. (pg. 55)

Based on the analyst's comments, the ADDI faxed a memo to the Deputy National Security Advisor that said, "remove the sentence because the amount is in dispute and it is debatable whether it can be acquired from this source. We told Congress that the Brits have exaggerated this issue. Finally, the Iraqis already have 550 metric tons of uranium oxide in their inventory. (pg. 56)

On October 6, 2002, the DCI called the Deputy National Security Advisor directly to outline the CIA's concerns. The DCI testified to the SSCI on July 16, 2003, that he told the Deputy National Security Advisor that the "President should not be a fact witness on this issue," because his analysts had told him the "reporting was weak." (pg. 56)

On October 6, 2002, the CIA sent a second fax to the White House which said, "more on why we recommend removing the sentence about procuring uranium oxide from Africa: Three points 1) the evidence is weak. One of the two mines cited by the source as the location of the uranium oxide is flooded. The other mine cited by the source is under the control of the French authorities. 2) the procurement is not particularly significant to Iraq's nuclear ambitions because the Iraqis already have a large stock of uranium oxide in their inventory. And 3) we have shared points one and two with Congress, telling them that the Africa story is overblown and telling them this in one of the two issues where we differed with the British." (Pg 56)

On March 8, 2003, the intelligence report on my trip was disseminated within the U.S. Government according the Senate report (pg. 43). Further, the Senate report states that "in early March, the Vice President asked his morning briefer for an update on the Niger uranium issue." That update from the CIA "also noted that the CIA would be debriefing a source who may have information related to the alleged sale on March 5." The report then states the "DO officials also said they alerted WINPAC analysts when the report was being disseminated because they knew the high priority of the issue." The report notes that the CIA briefer did not brief the Vice President on the report. (Pg. 46)
It is clear from the body of the Senate report that the Intelligence Community, including the DCI himself, made several attempts to ensure that the President not become a "fact witness" on an allegation that was so weak. A thorough reading of the report substantiates the claim made in my opinion piece in the New York Times and in subsequent interviews I have given on the subject. The sixteen words should never have been in the State of the Union address as the White House now acknowledges.

I undertook this mission at the request of my government in response to a legitimate concern that Saddam Hussein was attempting to reconstitute his nuclear weapons program. This was a national security issue that has concerned me since I was the Deputy Chief of Mission in the U.S. Embassy in Iraq before and during the first Gulf War.

At the time of my trip I was in private business and had not offered my views publicly on the policy we should adopt towards Iraq. Indeed, throughout the debate in the runup to the war, I took the position that the U.S. be firm with Saddam Hussein on the question of weapons of mass destruction programs including backing tough diplomacy with the credible threat of force. In that debate I never mentioned my trip to Niger. I did not share the details of my trip until May, 2003, after the war was over, and then only when it became clear that the administration was not going to address the issue of the State of the Union statement.

It is essential that the errors and distortions in the additional comments be corrected for the public record. Nothing could be more important for the American people than to have an accurate picture of the events that led to the decision to bring the United States into war in Iraq. The Senate Intelligence Committee has an obligation to present to the American people the factual basis of that process. I hope that this letter is helpful in that effort. I look forward to your further "additional comments."

Sincerely,

Joseph C. Wilson, IV
Washington, D.C

The CIA & Iraq: An Intelligence Debaucle . . . .

. . . . And worse

In Counterpunch, former CIA analyst and co-founder of Veteran Intelligence Professionals for Sanity Ray McGovern writes:
In our various oral and written presentations on Iraq my veteran intelligence officer colleagues and I took no delight in sharply criticizing what we perceived to be the corruption of intelligence analysis at CIA. Nothing would have pleased us more than to have been proven wrong. It turns out we did not know the half of it.

Several of us have just spent a painful weekend digesting the report of the Senate Intelligence Committee on prewar intelligence assessments on Iraq. The corruption is far deeper than we suspected. The only silver lining is that the corrupter-in-chief, George Tenet, is now gone.

When the former CIA Director departed Sunday, he left behind an agency on life support-an institution staffed by sycophant managers and thoroughly demoralized analysts. The analysts are embarrassed at their own naiveté in believing that the passage carved into the marble at the entrance to CIA Headquarters-"You will know the truth, and the truth will set you free"-held real meaning for their work.

The Senate Committee report is meticulous. Its findings are a sharp blow to those of us who took pride in working in an agency where we could speak truth to power-with career protection from retribution from the powerful, and with leaders who would face down those policymakers who tried to exert undue influence over our analysis.

Enter "Joe Centrifuge"

Although it was clear to us that much of the intelligence on Iraq had been cooked to the recipe of policy, not until the Senate report did we know that the skewing included outright lies. We had heard of "Joe," the nuclear weapons analyst in CIA's Center for Weapons Intelligence and Arms Control, and it was abundantly clear that his agenda was to "prove" that the infamous aluminum tubes sought by Iraq were to be used for developing a nuclear weapon. We did not know that he and his CIA associates falsified the data-including rotor testing ironically called "spin tests."

The Senate committee determined that "Joe" deliberately skewed data to fit preconceptions regarding an Iraqi nuclear threat. "Who could have believed that about our intelligence community, that the system could be so dishonest?" wondered the normally soft-spoken David Albright, a widely respected veteran expert on Iraq's work toward developing a nuclear weapon.

I share his wonderment. I too am appalled-and angry. You give 27 years of your professional life to an institution whose main mission-to get at the truth-is essential for orderly policy making, and then you find it has been prostituted. You realize that your former colleagues have lacked the moral courage needed to stave off the effort to enlist them as accomplices in deceiving our elected representatives into giving their blessing to an ill-conceived, unnecessary war. Even Republican stalwart Sen. Pat Roberts, chairman of the Senate Intelligence Committee, has conceded that, had Congress known before the vote for war what his committee has now discovered, "I doubt if the votes would have been there."

Pandering to the "Powers That Be"

It turns out that only one US analyst had met with the now-infamous Iraqi defector appropriately codenamed "Curveball," the source of the scarytale about mobile biological weapons factories. This analyst, in an e-mail to the deputy director of CIA's task force on weapons of mass destruction, raised strong doubt regarding Curveball's reliability before Colin Powell highlighted his claims at the UN on Feb. 5, 2003. I almost became physically ill reading the cynical response from the deputy director of the task force:

"As I said last night, let's keep in mind the fact that this war's going to happen regardless of what Curveball said or didn't say, and the powers that be probably aren't terribly interested in whether Curveball knows what he's talking about."

(Reading this brought to consciousness a painful flashback to early August 1964. We CIA analysts knew that reports of a second attack on US destroyers in the Tonkin Gulf were spurious but were prevented from reporting that to policymakers and to Congress. The then-Director of Current Intelligence explained to us condescendingly that President Johnson had decided to use the non-incident as a pretext to escalate the war and that "we do not want to wear out our welcome at the White House." So this kind of politicization, though rare in the past, is not without precedent-and not without similarly woeful consequences.)

With respect to Iraq, George Tenet's rhetoric about "truth" and "honesty" in his valedictory last week has a distinctly Orwellian ring. Worse still, apparently "Joe Centrifuge," the abovementioned deputy director, and other co-conspirators will get off scot-free. Sen. Roberts says he thinks "It is very important that we quit looking in the rearview mirror and affixing blame and, you know, pointing fingers." And Acting Director John McLaughlin has told the press that he sees no need to dismiss anyone as a result of what he portrayed as honest, limited mistakes.

Tell It To The Families

I would like to hear Roberts and McLaughlin explain all this to the families of the almost 900 US servicemen and women already killed and the many thousand seriously wounded in Iraq.

Roberts seemed at pains to lay the blame on a "flawed system," but a close reading of the committee report yields the unavoidable conclusion that CIA analysis can no longer be assumed to be honest-to be aimed at getting as close to the truth as one can humanly get. For those of you cynics about to smirk, I can only tell you-believe it or not-that truth was in fact the currency of analysis in the CIA in which I was proud to serve.

Aberrations like the Tonkin Gulf cave-in by CIA management notwithstanding, the analysis directorate was widely known as the unique place in Washington where one could normally go and expect a straight answer unencumbered by any political agenda. And we were hard into some very controversial-often critical-national security issues. It boggles my mind how any president, and particularly one whose father headed the CIA, could expect to be able, without that capability, to make intelligent judgments based on unbiased fact.

It is said that truth is the first casualty of war. Sadly, in the case of Iraq, even before the war truth took a back seat to a felt need to snuggle up to power-to stay in good odor with a president and his advisers, all well known to be hell-bent on war on Iraq.

Caution: Don't Be Fooled

The Washington Times lead story on July 10 began: "Flawed intelligence that led the United States to invade Iraq was the fault of the US intelligence communitya report by the Senate Select Committee on Intelligence concluded yesterday." From the other end of the political spectrum, David Corn of The Nation led his own report with, "The United States went to war on the basis of false claims."

Not so. This is precisely the spin that the Bush administration wants to give to the Senate report; i. e., that the president was misled; that his decision for war was based on spurious intelligence about non-existent weapons of mass destruction.

But the president's decision for war had little to do with intelligence on Iraqi weapons of mass destruction. It had everything to do with the administration's determination to gain control of strategic, oil-rich Iraq, implant an enduring military presence there, and-not incidentally--eliminate any possible threat from Iraq to Israel's security.

These, of course, were not the reasons given to justify placing US troops in harms way, but even the most circumspect senior officials have had unguarded moments of candor. For example, when asked in May 2003 why North Korea was being treated differently from Iraq, Deputy Defense Secretary Paul Wolfowitz responded, "Let's look at it simplyThe country (Iraq) swims on a sea of oil."

And basking in the glory of "Mission Accomplished" shortly after Baghdad had fallen, Wolfowitz admitted that the focus on weapons of mass destruction to justify the attack on Iraq was "for bureaucratic reasons." It was, he added, "the one reason everyone could agree on"-meaning, of course, the one that could successfully sell the war to Congress and the American people.

The Israel factor? In another moment of unusual candor-this one before the war-Philip Zelikow, a member of the President's Foreign Intelligence Advisory Board from 2001 to 2003 (and now executive director of the 9/11 commission), pointed to the danger that Iraq posed to Israel as "the unstated threat-a threat that dare not speak its namebecause it is not a popular sell."

Last, but hardly least. It was not until several months after the Bush White House decided to make war on Iraq that the weapons-of-mass-destruction-laden National Intelligence Estimate was commissioned, and then only because Congress needed to be persuaded that the threat was so immediate that war was necessary. Vice President Dick Cheney set the main parameters in a major speech on August 26, 2002, in which he declared, "We know that Saddam has resumed his efforts to acquire nuclear weapons." The estimate Tenet signed dutifully endorsed that spurious judgment-with "high confidence," no less.

Is There Hope?

If hope is what is found at the bottom of Pandora's box, it can be found here too. That there are still honest, perceptive analysts at CIA is clear from the analysis that Anonymous sets forth in his excellent book, Imperial Hubris: Why the West is Losing the War on Terror. (Note to Condoleezza Rice: Anonymous' name is Michael Scheuer; he is an overt employee; you can get his extension from the CIA operator-just call 703 482 1100.)

As long as analysts of Scheuer's caliber hang in there, there can be hope that, once the CIA is given the adult supervision it has lacked for the last two dozen years, it can get back on track in performing its critical job for our country.

Senate Intelligence Committee Report On Pre-Iraq War Intelligence

Report on the U.S. intelligence community's pre-war intelligence assessments on Iraq here.