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Context of 'March 17-24, 2009: Fox Satirical Show Mocks Canadian Soldiers, Draws Outrage'

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It is reported on ABC World News Tonight that Steven Hatfill is “known as a person who has worked around anthrax experts, although the FBI concedes he could not himself make anthrax, does not have what they call ‘the bench skills’ to make it.” Hatfill is the FBI’s only publicly named suspect in the 2001 anthrax attacks at this time (see October 5-November 21, 2001 and August 1, 2002). (ABC News 8/11/2002) But despite this, the FBI will continue to focus on Hatfill for years and apparently will not even consider the possibility of accomplices.

The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton.The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton. [Source: Jill Becker / The New York Times]The Times of Trenton, a Trenton, New Jersey, newspaper, reports that there are doubts about the FBI’s recent claim that the mailbox where the anthrax letters were sent has been found (see December 2001-Early August 2002). The newspaper reports, “[I]nvestigators say it is impossible at this point, and might never be determined, whether the Nassau Street mailbox was a point of origin for one of the letters or if it became contaminated through contact with other mail or equipment containing traces of anthrax.” FBI agent Ken Shuey, in charge of the FBI’s temporary field office based in Trenton, says, [W]e can’t say with certainty where the letters entered the mail system until we have some other corroboration or someone confesses.” The difficulty is that the mailbox served two purposes: members of the public could drop letters in it, but it was also used to hold sorted mail for letter carriers to deliver. The mailbox is the only one out of about 650 mailboxes in the area to test positive for anthrax, but there seems to be no way to tell if the anthrax was from letters placed directly into it or cross-contamination by letters from other nearby mailboxes that were passing through it. State Health Commissioner Clifton Lacy says he suspects cross-contamination is to blame for the anthrax detection. FBI spokesperson Bill Evanina says: “We have no idea. It could be something that was placed in the box or it could be cross-contamination. It is way, way too early to tell.” (Bewley and Shea 8/14/2002) Other newspapers fail to report on the cross-contamination problem and, as of September 2008, the FBI has yet to make public information explaining any solution to the problem.

In an interview broadcast by BBC Radio 4’s Today Program, Condoleezza Rice says: “This is an evil man who, left to his own devices, will wreak havoc again on his own population, his neighbors and, if he gets weapons of mass destruction and the means to deliver them, on all of us. There is a very powerful moral case for regime change. We certainly do not have the luxury of doing nothing…. Clearly, if Saddam Hussein is left in power doing the things that he is doing now, this is a threat that will emerge, and emerge in a very big way…. The case for regime change is very strong. This is a regime that we know has twice tried and come closer than we thought at the time to acquiring nuclear weapons. He has used chemical weapons against his own people and against his neighbors, he has invaded his neighbors, he has killed thousands of his own people. He shoots at our planes, our airplanes, in the no-fly zones where we are trying to enforce UN security resolutions…. History is littered with cases of inaction that led to very grave consequences for the world. We just have to look back and ask how many dictators who ended up being a tremendous global threat and killing thousands and, indeed, millions of people, should we have stopped in their tracks.” (Peacock 8/15/2002; Guardian 8/15/2002; Guardia, Harnden, and Jones 8/16/2002; Beeston, Editor, and Reid 8/16/2002) Interestingly, Rice does not say Iraq has chemical, biological or nuclear arms. Instead, she speaks of the danger Saddam would pose, “if he gets weapons of mass destruction and the means to deliver them.” (Diamond 8/15/2002)

Howard Kurtz.Howard Kurtz. [Source: CNN /]In 2007, Washington Post media critic Howard Kurtz will say, “From August 2002 until the war was launched in March of 2003 there were about 140 front page pieces in The Washington Post making the [Bush] administration’s case for war. It was, ‘The President said yesterday.’ ‘The Vice President said yesterday.’ ‘The Pentagon said yesterday.’ Well, that’s part of our job. Those people want to speak. We have to provide them a platform. I don’t have anything wrong with that. But there was only a handful—a handful—of stories that ran on the front page, some more that ran inside the pages of the paper, that made the opposite case. Or, if not making the opposite case, raised questions.” (Moyers 4/25/2007) Kurtz will also write in an August 2004 front page Washington Post story criticizing the newspaper’s pre-war coverage, “An examination of the paper’s coverage, and interviews with more than a dozen of the editors and reporters involved, shows that The Post published a number of pieces challenging the White House, but rarely on the front page. Some reporters who were lobbying for greater prominence for stories that questioned the administration’s evidence complained to senior editors who, in the view of those reporters, were unenthusiastic about such pieces. The result was coverage that, despite flashes of groundbreaking reporting, in hindsight looks strikingly one-sided at times.” At the time, The Post’s editorial page was strongly advocating war with Iraq. For instance, a day after Colin Powell’s presentation to the UN (see February 5, 2003), the Post commented that “it is hard to imagine how anyone could doubt that Iraq possesses weapons of mass destruction.” (Kurtz 8/12/2004)

During an interview with Fox News, Defense Secretary Donald Rumsfeld mocks calls from Washington, Europe and the Arab world demanding that the Bush administration show them evidence to substantiate the hawk’s claim that Saddam Hussein is a threat to the US and its allies. “Think of the prelude to World War Two,” the Defense Secretary says. “Think of all the countries that said, well, we don’t have enough evidence. I mean, Mein Kampf had been written. Hitler had indicated what he intended to do. Maybe he won’t attack us. Maybe he won’t do this or that. Well, there were millions of people dead because of the miscalculations. The people who argued for waiting for more evidence have to ask themselves how they are going to feel at that point where another event occurs.” (Rennie 8/21/2002; Borger and Norton-Taylor 8/22/2002; Baier 8/20/2003) Rumsfeld also says during a news conference that according to “intelligence reports,” Saddam’s government is “hosting, supporting or sponsoring” an al-Qaeda presence in Iraq. Responding to a question about whether he has any evidence to support the claim that al-Qaeda is operating in Iraq, Rumsfeld states, “There are Al-Qaeda in a number of locations in Iraq…. The suggestion that… [Iraqi government officials] who are so attentive in denying human rights to their population aren’t aware of where these folks [al-Qaeda] are or what they’re doing is ludicrous in a vicious, repressive dictatorship…. [I]t’s very hard to imagine that the government is not aware of what’s taking place in the country.” (Stout 8/20/2002) Shortly after Rumsfeld’s remarks, a senior US intelligence official tells The Guardian that there is no evidence to back the defense secretary’s claims. “They are not the official guests of the government,” a second official says, adding that any al-Qaeda in the region are still “on the run.” (Borger and Norton-Taylor 8/22/2002)

A picture of Steven Hatfill’s apartment after the FBI went through it.A picture of Steven Hatfill’s apartment after the FBI went through it. [Source: Alex Wong / Getty Images]Anthrax attacks (see October 5-November 21, 2001) suspect Steven Hatfill releases photos he claims show that the FBI “trashed” his girlfriend’s apartment. The photos “evoked an uneasy sense of recognition among law enforcement experts,” who have seen these kinds of strong armed tactics when the FBI is desperate for a conviction. “Veteran FBI-watchers suggest the Bureau, looking at Steven Hatfill off and on for nearly a year, does not have the goods on him. Law enforcement sources confirm he passed a polygraph test administered by the FBI last fall… Apparent absence of evidence suggests either incompetence at the level of false accusations in the 1996 Atlanta Olympic Park bombing—or something worse.” (Novak 8/3/2002)

Michael H. Mobbs, the special adviser to the undersecretary of defense for policy, files a six-page document asserting that “enemy combatant” Jose Padilla (see June 9, 2002) “has been closely associated with known members and leaders of the al-Qaeda terrorist network”; that he trained at al-Qaeda camps and “met with senior Osama Bin Laden lieutenant Abu Zubaida,” whom he approached “with [a] proposal to conduct terrorist operations within the United States”; and that he talked about a plan “to build and detonate a ‘radiological dispersal device…’ within the United States, possibly in Washington, D.C.” But the document also acknowledges that the “plan” was “still in the initial planning stages.” Finally, the declaration states that “it is believed that al-Qaeda members directed Padilla to return to the United States to conduct reconnaissance and/or other attacks on behalf of al-Qaeda.” The declaration concedes that the evidence on which its assertions are based are not entirely solid, noting that its intelligence sources “have not been completely candid about their association with al-Qaeda and their terrorist activities” and that “some information provided by the sources remains uncorroborated and may be part of an effort to mislead or confuse US officials.” (Fox News 8/28/2002; Washington Post 9/1/2002; Isikoff and Hosenball 6/9/2004)

In autumn 2002, US Delta Force units train on a mobile biological weapons factory to prepare them for dealing with mobile biological weapons factories in Iraq. The factory is just like the factories the US accuses the Iraqi government of having but which it does not have. The chief designer of the factory is Steven Hatfill, who is also the FBI’s main suspect at the time for the 2001 anthrax attacks (see October 5-November 21, 2001). Hatfill began designing the factory while working for Science Applications International Corporation (SAIC), a contractor for the US military and the CIA. He begins gathering parts to build it in 2000, and construction began in September 2001, at a metalworking plant near Fort Detrick, Maryland. SAIC fired him in March 2002, after he failed to get a high-level security clearance and he came under suspicion for the October 2001 anthrax attacks. But Hatfill continues to work on the half-built factory on his own, for no pay, until it is finished later that year. Once it is done, Hatfill continues to advise the US military about it, and sometimes supervises Delta Force training exercises on it at Fort Bragg, North Carolina. However, at the same time, the Justice Department and the FBI is heavily investigating Hatfill for the anthrax attacks, and there is a conflict between agencies over Hatfill’s continued role with the factory. The FBI wants to confiscate the factory, but the military will not give it up. Its equipment includes a fermenter, a centrifuge, and “a mill for grinding clumps of anthrax into the best size for penetrating human lungs,” according to experts familiar with it. However, its components are not connected and it is never used to make lethal germs. The FBI examines the unit but finds no anthrax spores or any other evidence linking it to the anthrax attacks. (Broad, Johnston, and Miller 7/2/2003) Hatfill will be cleared of any connection to the anthrax attacks in 2008 (see June 27, 2008).

During a Defense Department news briefing on Iraq, Defense Secretary Donald Rumsfeld says: “We know that they were a lot closer than any of the experts had estimated they would be with respect to [developing] a nuclear weapon. To the extent that they have kept their nuclear scientists together and working on these efforts, one has to assume they’ve not been playing tiddlywinks.” (US Department of Defense 9/3/2002; Jelinek 9/3/2002; Hess 9/3/2002)

At a meeting of the White House Iraq Group, speechwriter Michael Gerson suggests that Bush argue in his next speech that the US should not wait until there is conclusive evidence that Iraq has acquired a nuclear weapon because the first sign of a “smoking gun” may be a “mushroom cloud.” Gerson’s suggestion is met with enthusiastic approval. The soundbite is so well liked that the phrase is leaked to the New York Times before the speech, appearing in an article on September 8 (see September 8, 2002). (Isikoff and Corn 2006, pp. 35) Gerson, a devout evangelical Christian, was trained by former Nixon aide Charles Colson, whom Colson’s former colleague John Dean describes as “Nixon’s hatchet man and political schemer.” (Dean 2004, pp. 62)

Based on the recent interrogations of al-Qaeda operative Zacarias Moussaoui’s al-Qaeda associates, including his alleged handler, French intelligence believes Moussaoui was not part of the 9/11 attacks, but was being readied for a second wave of attacks. Says one French official: “Moussaoui was going to be a foot soldier in a second wave of attacks that was supposed to culminate in early 2002 with simultaneous bombings against US embassies in Europe, the Middle East and Asia, as well as several hijackings in the United States.” However, the US has charged him with being the “20th hijacker” who planned to be on Flight 77 in the 9/11 attack. (Ross and Scott 9/5/2002)

White House officials, in interviews with the New York Times, describe the administration’s strategy to convince the public, Congress, and US allies of the need to confront Iraq. They say the centerpiece of the strategy will be Bush’s September 11 speech at Ellis Island in New York Harbor, which they have been planning since at least June. (The speech will not actually make a case for confronting Iraq. Bush will first make his case to the nation in his October 7 speech (see February 20, 2001).) Explaining why the White House did not launch this effort in August when the administration’s plans came under intense criticism from a number of different quarters, White House Chief of Staff Andrew Card tells the New York Times, “From a marketing point of view, you don’t introduce new products in August.” Card is the founding member of the White House Iraq Group (see August 2002 and June 9, 2008), which was formed to “educate the public” on the alleged threat from Iraq. The officials also tell the Times that one of the administration’s goals is for Congress to pass a resolution approving the use of force in Iraq within the next four to five weeks. “In the end it will be difficult for someone to vote against it,” one administration official tells the Times. (Bumiller 9/7/2002) In 2007, author and reporter Charlie Savage will write: “The proposed hurry-up vote on the eve of the first election since 9/11 presented a win-win scenario for the White House: If Democrats voice caution or skepticism about the proposed war resolution (see October 11, 2002), then the GOP could portray them as weak on terrorism ahead of the election, and if Democrats supported the bill, then the Bush-Cheney administration would fortify its powers by eliminating even the suggestion that it might later need to ask for permission to launch any war against Iraq” (see August 2002). By mid-September, Republican Congressional candidates will make Iraq a central issue of their campaigns, proclaiming unwavering support for Bush and attacking their Democratic opponents. In New Mexico, Republican House candidate Mike Pence will say of his opponent, John Arthur Smith, who is still considering whether or not to support the invasion, “While Smith ‘reflects’ on the situation, the possibility of a mushroom cloud hovering over a US city (see September 4, 2002) remains.” In Minnesota, Republican Senate candidate Norm Coleman will attack Democratic incumbent Paul Wellstone for refusing to “stand with the president.” Similar tactics will be used in campaigns around the country. As a result, almost every Democrat facing re-election joins Republicans in supporting the war authorization. Savage will write, “Thus, even though the Founders wanted Congress to make the final decision about when the United States should go to war, lawmakers abdicated their responsibility and delegated their power to the president.” (Welch 10/13/2002; Savage 2007, pp. 156-157)

During a joint press conference with US President George W. Bush and British Prime Minister Tony Blair, the two leaders make two factually incorrect statements, which are quickly contested by experts.
bullet Tony Blair states, “We only need to look at the report from the International Atomic Agency [IAEA] this morning showing what has been going on at the former nuclear weapons sites to realize that” Saddam is a real threat. (US President 9/16/2002) But no such report exists. (Curl 9/27/2002) What Blair is actually referring to is a set of commercial satellite photographs showing signs of new construction at a site the US had bombed in 1998. (MSNBC 9/7/2002; Norton-Taylor 9/9/2002; Associated Press 9/10/2002) That same day, Mark Gwozdecky, a spokesman for the UN agency, says the agency had drawn no conclusion from those photographs. (MSNBC 9/7/2002) On September 9, the Guardian of London will report that according to “a well-placed source” the photographs do not support Blair’s statement. “You cannot draw any conclusions,” the source explains. “The satellites were only looking at the top of a roof. You cannot tell without inspectors on the ground.” (Norton-Taylor 9/9/2002) The following day, Hans Blix, head of UNMOVIC, will similarly tell reporters: “… [S]atellites don’t see through roofs. So we are not drawing conclusions from them. But it would be an important element in where, maybe, we want to go to inspect and monitor.” (Associated Press 9/10/2002; Globe and Mail 9/11/2002)
bullet Bush asserts, “I would remind you that when the inspectors first went into Iraq and were denied—finally denied access [in 1998], a report came out of the Atomic—the IAEA that they were six months away from developing a weapon,” adding, “I don’t know what more evidence we need.” (US President 9/16/2002; Curl 9/27/2002) But Bush’s statement is quickly refuted by an MSNBC news report published later that day, which includes an excerpt from the summary of the 1998 IAEA report Bush cited. The summary reads, “[B]ased on all credible information available to date… the IAEA has found no indication of Iraq having achieved its program goal of producing nuclear weapons or of Iraq having retained a physical capability for the production of weapon-useable nuclear material or having clandestinely obtained such material.” (MSNBC 9/7/2002; Dean 2004, pp. 138) The text of the actual report, authored by IAEA Director-General Mohamed ElBaradei, reads: “There are no indications that there remains in Iraq any physical capability for the production of weapon-usable nuclear material of any practical significance.” (Curl 9/27/2002) When confronted by MSNBC reporters on this point, an unnamed senior White House official states, “What happened was, we formed our own conclusions based on the report.” (MSNBC 9/7/2002) Later, when The Washington Times presses Deputy Press Secretary Scott McClellan for an explanation, he says, “[Bush is] referring to 1991 there. In ‘91, there was a report saying that after the war they found out they were about six months away.” But this too is challenged by Gwozdecky, spokesman for the UN agency, who says that no such report was ever published by the IAEA in 1991. Apparently the President’s accusations are based on two news articles that were published more than a decade ago—“a July 16 [2001] story in the London Times by Michael Evans and a July 18 [2001] story in the New York Times by Paul Lewis.” But as The Washington Times notes, “Neither article cites an IAEA report on Iraq’s nuclear-weapons program or states that Saddam was only six months away from ‘developing a weapon’—as claimed by Mr. Bush.” Instead the two news articles reported that at that time, UN inspectors had concluded that Iraq was only six months away from the large-scale production of enriched uranium. But as the 1998 report shows, both 1991 news stories are outdated. (Curl 9/27/2002)

Condoleezza Rice appears on CNN to discuss the alleged threat posed to the US by Saddam Hussein. She insists that Iraq is intent on developing a nuclear weapon. “We do know that he is actively pursuing a nuclear weapon. We do know that there have been shipments going into Iran, for instance—into Iraq, for instance, of aluminum tubes that really are only suited to—high-quality aluminum tools that are only really suited for nuclear weapons programs, centrifuge programs. We know that he has the infrastructure, nuclear scientists to make a nuclear weapon. And we know that when the inspectors assessed this after the Gulf War, he was far, far closer to a crude nuclear device than anybody thought, maybe six months from a crude nuclear device. The problem here is that there will always be some uncertainty about how quickly he can acquire nuclear weapons. But we don’t what the smoking gun to be a mushroom cloud.” (CNN 9/8/2002; CNN 9/8/2002; Risen, Sanger, and Shanker 7/20/2003; US House Committee on Government Reform 3/16/2004) In his 2006 book The One Percent Doctrine, author Ron Suskind writes, “The statement sent off shock waves. Rice was criticized for fear-mongering, for suggesting that there was evidence that Hussein might have such a weapon. Arguments about proof, though, were missing the point—Rice’s roundabout argument was that the United States should act whether or not it found a “smoking gun.” She was showing an edge of the actual US policy: the severing of fact-based analysis from forceful response; acting on any inkling was now appropriate—to be safe, to be sure, to get an opponent before he can develop capability, so others know to not even start down that path.” (Suskind 2006, pp. 170)

Nicolo Pollari, chief of SISMI, Italy’s military intelligence service, meets briefly with US National Security Council officials. (Rocca 10/28/2005) Present at the meeting are National Security Adviser Condoleezza Rice; her deputy, Stephen Hadley; and other US and Italian officials. (Bonini and d'Avanzo 10/25/2005; Rozen 10/25/2005; Bonini and d'Avanzo 10/26/2005; Wilkinson 10/28/2005; AGI online 10/29/2005)
Mysterious 'Courtesy Call' - Pollari can presumably set the record straight on the question of whether Iraq is trying to purchase aluminum tubes for manufacturing rockets or for use in building muclear weapons (see Between April 2001 and September 2002, April 11, 2001, July 25, 2002, September 24, 2002, October 1, 2002, Between December 2002 and January 2003, January 11, 2003, and March 7, 2003)—the aluminum tubes in question are exactly the same as the Italians use in their Medusa air-to-ground missile systems (see December 2002). Apparently Iraq is trying to reproduce “obsolete” missile systems dating back to when Italy and Iraq engaged in military trade. Pollari could also discuss the documents alleging that Iraq and Niger entered into a secret uranium deal (see Between Late 2000 and September 11, 2001), a set of documents originally promulgated by SISMI and now thoroughly discredited (see February 5, 2003). But apparently Pollari discusses none of this with White House officials. Hadley, who hosts the meeting with Pollari, will refuse to say what they discuss, except to label Pollari’s visit “just a courtesy call,” and will add, “Nobody participating in that meeting or asked about that meeting has any recollection of a discussion of natural uranium, or any recollection of any documents passed.”
Meeting with Hadley, Not Tenet, Significant - Author Craig Unger will write in 2007 that the real significance of the meeting is that Pollari meets with Hadley (widely considered an ally of Vice President Dick Cheney), and not with Pollari’s counterpart, CIA Director George Tenet. Former CIA officer Philip Giraldi later says, “It is completely out of protocol for the head of a foreign intelligence service to circumvent the CIA. It is uniquely unusual.” Of the Iraq-Niger documents, Giraldi will say, “In spite of lots of people having seen the documents, and having said they were not right, they went around them.” Former CIA and State Department analyst Melvin Goodman will concur. “To me there is no benign interpretation of” the Pollari-Hadley meeting, Goodman will say. “At the highest level it was known that the documents were forgeries. Stephen Hadley knew it. Condi Rice [Hadley’s supervisor] knew it. Everyone at the highest level knew.” Neoconservative columnist, author, and former Italian intelligence asset Michael Ledeen, who has close ties with both Pollari and Hadley and may have played a part in producing the Iraq-Niger forgeries (see December 9, 2001). will deny setting up the meeting. And a former CIA official speaking on Tenet’s behalf will say that Tenet has no information to suggest that Pollari or elements of SISMI were trying to circumvent the CIA and go directly to the White House. (Unger 2007, pp. 258-259) (In 2006, history professor Gary Leupp will write that Ledeen is the informal liaison between SISMI and the Office of Special Plans—see September 2002). (Leupp 11/9/2005)
Downplaying Significance of Meeting - The Bush administration later insists the meeting was of little importance. Frederick Jones, a National Security Council spokesman, describes the meeting as a courtesy call of 15 minutes or less. He also says, “No one present at that meeting has any recollection of yellowcake [uranium oxide] being discussed or documents being provided.” (Jehl 10/28/2005)
Meeting Remains Secret until 2005 - This meeting is not reported until 2005, when Italy’s La Repubblica reports that a meeting—arranged through a backchannel by Gianni Castellaneta, the Italian prime minister’s diplomatic advisor—took place between Pollari and Hadley on this date. The report is refuted by Italy which insists it was actually a short meeting between Pollari and Rice. Italy says that although Hadley was present, he was really not part of the meeting. (AGI online 10/29/2005) It is not clear from the reporting, however, if the meeting acknowledged by Italy and Washington, is in fact the same meeting reported by La Repubblica.

The FBI searches Steven Hatfill’s house for anthrax residue for a third time. Hatfill had moved out several weeks earlier. He is the FBI’s main suspect in the 2001 anthrax attacks (see October 5-November 21, 2001). (MSNBC 9/11/2002)

Ramzi bin al-Shibh arrested in Pakistan.Ramzi bin al-Shibh arrested in Pakistan. [Source: Associated Press]Would-be hijacker Ramzi bin al-Shibh is arrested after a huge gunfight in Karachi, Pakistan, involving thousands of police. (Burke 9/15/2002) He is considered “a high-ranking operative for al-Qaeda and one of the few people still alive who know the inside details of the 9/11 plot.” (Risen 9/13/2002) Khalid Shaikh Mohammed (KSM) called bin al-Shibh “the coordinator of the Holy Tuesday [9/11] operation” in an interview aired days before. Captured with him in safe house raids on the same day or the day before are approximately nine associates (see September 10-11, 2002), as well as numerous computers, phones, and other evidence. (Risen 9/13/2002; Elliott 9/15/2002) There are conflicting claims that either Mohammed is killed in the raid (Shahzad 10/30/2002; Daily Telegraph 3/4/2003; Shahzad 3/6/2003) ; shot while escaping (Australian Broadcasting Corporation 3/2/2003) ; someone who looks like him is killed, leading to initial misidentification (McGirk 1/20/2003) ; someone matching his general appearance is captured (Associated Press 9/16/2002) ; or that he narrowly escapes capture but his young children are captured. (McDermott, Meyer, and McDonnell 12/22/2002)

The White House publishes a 26-page government white paper titled, “A Decade of Deception and Defiance,” which seeks to demonstrate that Saddam Hussein represents a serious and imminent threat to the United States. The report, written by White House Iraq Group member James Wilkinson, relies primarily on public sources, including reports that have been published by human rights groups and the State Department, as well as various newspaper articles, including two by the New York Times. (Isikoff and Corn 2006, pp. 48) Section 5 of the report deals with “Saddam Hussein’s support for international terrorism,” though it makes no attempt to tie Hussein’s government to al-Qaeda or Osama bin Laden. It lists six points linking Saddam Hussein to terrorist activities, some dating as far back as the ‘70s. One of the points criticizes Iraq for its ties to the Mujahadeen-e Khalq Organization (MKO), an obscure militant Iranian dissident group whose main office is in Baghdad. The report says: “Iraq shelters terrorist groups including the Mujahedin-e-Khalq Organization (MKO), which has used terrorist violence against Iran and in the 1970s was responsible for killing several US military personnel and US civilians.” The paper notes that the US State Department classified MKO as a “foreign terrorist organization” in 1997, “accusing the Baghdad-based group of a long series of bombings, guerilla cross-border raids and targeted assassinations of Iranian leaders.” (Isikoff 9/26/2002 Sources: Richard Durbin) The administration is quickly ridiculed for making the claim when, two weeks later, Newsweek reports that MKO’s front organization, the National Council of Resistance of Iran, has a small office in the National Press Building in Washington, DC. It is also reported that only two years beforehand this very group had been supported by then-Senator John Ashcroft and more than 200 other members of Congress. On several issues the senator and his colleagues had expressed solidarity with MKO at the behest of their Iranian-American constituencies. (Isikoff 9/26/2002) Another allegation included in the paper states that Iraqi defector Adnan Ihsan Saeed al-Haideri, a civil engineer, “had visited twenty secret facilities for chemical, biological, and nuclear weapons.” According to the White House dossier, Haideri “supported his claims with stacks of Iraqi government contracts, complete with technical specifications.” Ten months earlier, the CIA had debriefed Haideri in Bangkok and concluded from the results of a polygraph that Haideri account was a complete fabrication (see December 17, 2001). (Executive Office of the President 9/12/2002 pdf file)

Concerning the proposed Congressional resolution to authorize force against Iraq (see September 19, 2002), President Bush is asked, “Are you concerned that Democrats in Congress don’t want a vote there until after UN action?” Bush replies, “[Are] Democrats waiting for the UN to act? I can’t imagine an elected United States—elected member of the United States Senate or House of Representatives saying, I think I’m going to wait for the United Nations to make a decision. It seems like to me that if you’re representing the United States, you ought to be making a decision on what’s best for the United States. If I were running for office, I’m not sure how I’d explain to the American people—say, vote for me, and, oh, by the way, on a matter of national security, I think I’m going to wait for somebody else to act.… My answer to the Congress is, they need to debate this issue and consult with us, and get the issue done as quickly as possible. It’s in our national interests that we do so. I don’t imagine Saddam Hussein sitting around, saying, gosh, I think I’m going to wait for some resolution. He’s a threat that we must deal with as quickly as possible.” (White House 9/13/2002)

In response to Tony Snow’s probing on Fox News Sunday as to whether or not President Bush was convinced there were links between Saddam Hussein and Osama bin Laden, National Security Adviser Condoleezza Rice is circumspect until she’s pressed. “He clearly has links to terrorism…—Links to terrorism [that] would include al-Qaeda….” (Fox News 9/15/2002; Islam Online 9/15/2002; CNN 9/26/2002; US House Committee on Government Reform 3/16/2004)

Defense Secretary Donald Rumsfeld warns the House Armed Services Committee of the serious and imminent threat that Saddam Hussein poses to Western countries. He says: “No terrorist state poses a greater and more immediate threat to the security of our people and the stability of the world than the regime of Saddam Hussein.” He adds: “What has not changed is Iraq’s drive to acquire those weapons of mass destruction, and the fact that every approach that the United Nations has taken to stop Iraq’s drive has failed. This is a critical moment for our country and for the world. Our resolve is being put to the test. It is a test unfortunately the world’s free nations have failed before in recent history with unfortunate consequences.” (US Congress 9/18/2002; Harnden 9/19/2002; Agence France-Presse 9/19/2002) Rumsfeld says of Iraq’s putative nuclear weapons program, “Some have argued that the nuclear threat from Iraq is not imminent—that Saddam [Hussein] is at least 5-7 years away from having nuclear weapons. I would not be so certain…. He has, at this moment, stockpiles of chemical and biological weapons, and is pursuing nuclear weapons.” (Kennedy 3/6/2004) The Secretary of Defense also says that Congress must authorize the president to use military force against Iraq before the Security Council votes on the issue. “Delaying a vote in the Congress would send a message that the US may be unprepared to take a stand, just as we are asking the international community to take a stand and as we are cautioning the Iraqi regime to consider its options,” argues Rumsfeld, adding, “Our job today—the president’s, the Congress’ and the United Nations’—is to… anticipate vastly more lethal attacks before they happen and to make the right decision as to whether or not it’s appropriate for this country to take action…. The goal is not inspections, the goal is disarmament.” (US Congress 9/18/2002; Kelley 9/19/2002) He also tries to discredit Iraq’s September 16, 2002 (see September 16, 2002), offer to admit UN inspectors without conditions. He says: “There’s no doubt in my mind but that the inspection program that currently is on the books wouldn’t work because it’s so much weaker than the earlier one. The more inspectors that are in there, the less likely something is going to happen. The longer nothing happens, the more advanced their weapons programs go along.” (US Congress 9/18/2002) Rumsfeld is drastically revising his own stance from over a year before, when he told an interviewer on February 12, 2001, that Iraq was “probably not a nuclear threat” (see February 12, 2001).

The White House delivers a draft of a strongly worded resolution to Congress authorizing the president to use “all appropriate means” against Iraq. The 20-paragraph draft includes provisions that would allow Bush to ignore the UN and “use all means that he determines to be appropriate, including force, in order to enforce” the UN’s Security Council resolutions, “defend the national security interests of the United States against the threat posed by Iraq, and restore international peace and security in the region.” According to the Associated Press, “Three senior White House aides familiar with the draft said it would give Bush maximum flexibility to confront the threat posed by Iraqi weapons of mass destruction, including an explicit OK to use military force.” Although numerous congresspersons complain that the proposed wording of the resolution would provide Bush with a blank check to use military force anywhere in the Middle East and Persian Gulf, several senators—Democrats and Republicans alike—say that an amended version of the resolution would likely pass. (Fournier 9/19/2002; Reid 9/19/2002; Usborne 9/19/2002; Associated Press 9/20/2002)
bullet The draft lists several allegations against Iraq, depicting the country as an imminent threat against the US and its citizens. It states that Iraq continues to “possess and develop a significant chemical and biological weapons capability, actively seeking a nuclear weapons capability, and supporting and harboring terrorist organizations, thereby continuing to threaten the national security interests of the United States and international peace and security.” It also claims that Iraq “continues to aid and harbor other international terrorist organizations,” including members of al-Qaeda. (Associated Press 9/20/2002)
bullet The proposed resolution asserts that the use of military force against Iraq would constitute self-defense. It reads, “Whereas the United States has the inherent right, as acknowledged in the United Nations Charter, to use force in order to defend itself.” (Associated Press 9/20/2002)
bullet The draft calls on Congress to authorize the president to use military force against Iraq. “The President is authorized to use all means that he determines to be appropriate, including force, in order to enforce the United Nations Security Council Resolutions referenced above, defend the national security interests of the United States against the threat posed by Iraq, and restore international peace and security in the region.” (Associated Press 9/20/2002)
bullet At a photo opportunity with Secretary of State Colin Powell the same day, Bush tells a gathering of reporters, “At the United Nations Security Council it is very important that the members understand that the credibility of the United Nations is at stake, that the Security Council must be firm in its resolve to deal with a truth threat to world peace, and that is Saddam Hussein. That the United Nations Security Council must work with the United States and Britain and other concerned parties to send a clear message that we expect Saddam to disarm. And if the United Nations Security Council won’t deal with the problem, the United States and some of our friends will.” Allies of the US that Bush expects to join in moving against Iraq “heard me loud and clear when I said, either you can be the United Nations, a capable body, a body able to keep the peace, or you can be the League of Nations.” Of the resolution, Bush says, “I am sending suggested language for a resolution. I want—I’ve asked for Congress’ support to enable the administration to keep the peace. And we look forward to a good, constructive debate in Congress.” Bush emphasizes that the resolution must pass before the upcoming November midterm elections: “I appreciate the fact that the leadership recognizes we’ve got to move before the elections” (see September 24, 2002). (White House 9/19/2005) White House political adviser Karl Rove will later claim that the White House does not want to push the resolution through Congress before the elections in order to avoid politicizing the issue, a claim that is demonstrably untrue (see November 20, 2007).

David Albright, a physicist who helped investigate Iraq’s nuclear weapons program following the 1991 Persian Gulf War as a member of the International Atomic Energy Agency’s inspection team, concludes in a study that Iraq’s attempt to import aluminum tubes is not “evidence that Iraq is in possession of, or close to possessing, nuclear weapons” or that Iraq has an operating centrifuge plant. His assessment is based on several factors, including the fact that the tubes are made of an aluminum alloy that is ill-suited for welding. He notes that Iraq had used maraging steel and carbon fiber in its earlier attempts to make centrifuges (see (Late 1980s)). Albright also challenges the CIA’s contention the tubes’ anodized coating is an indication that they are meant to be used as rotors in a gas centrifuge. The nuclear physicist notes that the fact the tubes are anodized actually supports the theory that they were meant to be used in rockets, not a centrifuge. He cites another expert who said that an “anodized layer on the inside of the tube… can result in hampering the operation of the centrifuge.” (Albright 10/9/2003 Sources: David Albright) Though Albright is critical of the charges being made by the Bush administration against Iraq, concerning nuclear weapons, he is no sympathizer of Saddam Hussein. He believes that Iraq has weapons of mass destruction and advocates a tough stance towards his regime. (Massing 2/26/2004) His report is widely dispersed and is covered in detail by the Washington Post on September 19, 2002 (see September 19, 2002). Several other newspapers also cover Albright’s report. (Warrick 9/19/2002; Borger 10/9/2002; Collier 10/12/2002) It is later revealed that scientists at the Energy Department secretly worked with Albright on the report. (Barstow, Broad, and Gerth 10/3/2004)

British Prime Minister Tony Blair gives a speech to Parliament concurrent with the just-released dossier on Iraqi WMD (see September 24, 2002). Blair combines fact—such as Iraq’s lengthy defiance and deception of UN weapons inspections since the 1991 Gulf War, the possible existence of tons of chemical and biological weapons material left unaccounted for in 1998, and the attempts by Iraq to subvert the UN’s Food for Oil program—with speculation that Saddam Hussein’s “chemical, biological, and nuclear weapons program is not an historic leftover from 1998.… His WMD program is active, detailed, and growing. The policy of containment is not working. The WMD program is not shut down. It is up and running.”
Unverified Claims - Blair calls the dossier “extensive, detailed, and authoritative,” and says that according to intelligence data used to compile it: “Iraq has chemical and biological weapons.… Saddam has continued to produce them… he has existing and active military plans for the use of chemical and biological weapons, which could be activated within 45 minutes, including against his own Shi’a population, and … he is actively trying to acquire nuclear weapons capability.” Only the “45-minute” strike capability is not sourced from the dossier (see September 28, 2002). Blair makes a number of patently false allegations about Iraq’s nuclear weapons, including the disputed aluminum tubes claim (see Between April 2001 and September 2002, April 11, 2001, July 25, 2002, September 24, 2002, October 1, 2002, Between December 2002 and January 2003, January 11, 2003, and March 7, 2003) and the tale about Iraq attempting to purchase uranium from Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002). “[W]e know Saddam has been trying to buy significant quantities of uranium from Africa, though we do not know whether he has been successful,” Blair says. He tells the assembled lawmakers: “There will be some who dismiss all this. Intelligence is not always right. For some of this material there may be innocent explanations. There will be others who say, rightly, that, for example, on present going, it could be several years before he acquires a usable nuclear weapon. Though, if he were able to purchase fissile materiel illegally, it would only be a year or two. But let me put it at its simplest: on this 11-year history; with this man, Saddam; with this accumulated, detailed intelligence available; with what we know and what we can reasonably speculate: would the world be wise to leave the present situation undisturbed; to say, despite 14 separate UN demands on this issue, all of which Saddam is in breach of, we should do nothing; to conclude that we should trust not to the good faith of the UN weapons inspectors but to the good faith of the current Iraqi regime?”
Regime Change - After all of this buildup, Blair says that he is not necessarily calling for military action against Iraq, but “the case for ensuring Iraqi disarmament… is overwhelming.” He then makes the case for regime change, citing the need for a new leader “who can bring Iraq back into the international community where it belongs, not languishing as a pariah. Someone who can make the country rich and successful, not impoverished by Saddam’s personal greed. Someone who can lead a government more representative of the country as a whole, while maintaining absolutely Iraq’s territorial integrity. We have no quarrel with the Iraqi people. Liberated from Saddam, they could make Iraq prosperous and a force for good in the Middle East. So the ending of regime would be the cause of regret for no one other than Saddam.” Blair says, “our purpose is disarmament,” not military action, but it is hard to conceive how the regime change he advocates could be effected without military action. (Blair 9/24/2002) Two years later, Blair will admit that the claim is erroneous (see October 13, 2004).

Several high-level Bush administration lawyers arrive in Guantanamo. The group includes White House counsel Alberto Gonzales; Vice President Cheney’s chief of staff David Addington, who had helped the Justice Department craft its “torture memo” (see August 1, 2002); CIA legal counsel John Rizzo, who had asked the Justice Department for details about how interrogation methods could be implemented (see June 22, 2004); and the Pentagon’s general counsel, William J. Haynes. They are at Guantanamo to discuss the case of suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003).
Pressure from Washington - The commander of the Guantanamo facility, Major General Michael Dunlavey, will recall: “They wanted to know what we were doing to get to this guy, and Addington was interested in how we were managing it… They brought ideas with them which had been given from sources in DC. They came down to observe and talk.” Dunlavey will say that he was pressured by Defense Secretary Donald Rumsfeld himself to expedite the interrogation and use extraordinary means to squeeze information from the suspect. “I’ve got a short fuse on this to get it up the chain,” Dunlavey recalls. “I was on a timeline. This guy may have been the key to the survival of the US.” Asked how high up the pressure was from, Dunlavey will say, “It must have been all the way to the White House.” Rumsfeld is “directly and regularly involved” in all the discussions of interrogations.
'Do Whatever Needed to Be Done' - Staff judge advocate Lieutenant Colonel Diane Beaver will recall that Addington is “definitely the guy in charge,” taking control of the discussions. Gonzales is quiet. Haynes, a close friend and colleague of Addington’s, seems most interested in how the military commissions would function to try and convict detainees. The lawyers meet with intelligence officials and themselves witness several interrogations. Beaver will recall that the message from Addington and his group is “Do whatever needed to be done.” In essence, the Guantanamo interrogators and commanders are given a green light from the administration’s top lawyers, representing President Bush, Vice President Cheney, Rumsfeld, and the CIA. (Sands 5/2008)

Secretary of State Colin Powell tells the Senate Foreign Relations Committee, “The world had to recognize that the potential connection between terrorists and weapons of mass destruction moved terrorism to a new level of threat. In fact, that nexus became the overriding security concern of our nation. It still is and it will continue to be our overriding concern for some years to come.” (US Department of State 9/26/2002) But Paul Anderson, spokesman for Sen. Bob Graham (D-FL), chairman of the Senate Intelligence Committee, tells reporters that Graham, who has access to highly classified reports, has seen no evidence that Iraq has ties to al-Qaeda. (Slavin and Diamond 9/26/2002)

In his weekly radio address, President Bush tells the nation: “The Iraqi regime possesses biological and chemical weapons, is rebuilding the facilities to make more, and, according to the British government, could launch a biological or chemical attack in as little as 45 minutes after the order is given. The regime has long-standing and continuing ties to terrorist groups, and there are al-Qaeda terrorists inside Iraq. This regime is seeking a nuclear bomb, and with fissile material could build one within a year.” Many Americans are shocked and frightened by Bush’s flat litany of assertions. What they do not know is that none of them are true. The CIA had reluctantly agreed to produce a National Intelligence Estimate (NIE) on Iraq less than three weeks before (see September 5, 2002); the result is an NIE packed with half-truths, exaggerations, and outright lies (see October 1, 2002). None of Bush’s statements are supported by hard intelligence, and all will later be disproven. (Bush 9/28/2002; Center for Public Integrity 1/23/2008) In 2007, author Craig Unger will write that the conflict seems to have gotten personal with Bush. “There’s no doubt [Saddam Hussein’s] hatred is mainly directed against us,” Bush says during the address. “There’s no doubt he can’t stand us. After all, this is a guy that tried to kill my dad at one time.” (Unger 2007, pp. 264)

UNSCOM photo of an Iraqi unmanned aerial vehicle.UNSCOM photo of an Iraqi unmanned aerial vehicle. [Source: CIA]The National Intelligence Council, a board of senior analysts that prepares reports on crucial national security issues, completes a National Intelligence Estimate (NIE) on Iraq. The purpose of an NIE is to provide policy-makers with an intelligence assessment that includes all available information on a specific issue so they can make sound policy decisions. The formal document is supposed to be the result of a collaborative effort of the entire intelligence community and is supposed to be untainted by political interests. The decision to produce the assessment on Iraq followed criticisms that the administration had already made a decision to invade Iraq without having thoroughly reviewed all available intelligence on Iraq. Congress wanted the NIE completed prior to voting on a bill authorizing the president to use force against Iraq (see September 5, 2002). NIEs such as this usually take months to prepare, however this document took a mere three weeks. The person in charge of preparing the document was weapons expert Robert Walpole. According to the Independent of London, Walpole has a track record of tailoring his work to support the biases of his superiors. “In 1998, he had come up with an estimate of the missile capabilities of various rogue states that managed to sound considerably more alarming than a previous CIA estimate issued three years earlier,” the newspaper later reports. “On that occasion, he was acting at the behest of a congressional commission anxious to make the case for a missile defense system; the commission chairman was none other than Donald Rumsfeld….” (Gumbel 11/3/2003; Barstow, Broad, and Gerth 10/3/2004)
Summary of NIE Conclusions - The NIE says there are potentially links between Iraq and al-Qaeda, but uses cautionary language and acknowledges that its sources—Iraqi defectors and captured al-Qaeda members—have provided conflicting reports. The sections dealing with weapons of mass destruction are also filled with caveats and nuanced statements. In the second paragraph of its “key judgment” section, the NIE states that US intelligence lacks “specific information” on Iraq’s alleged arsenal of weapons of mass destruction. And while the NIE says that Iraq probably has chemical and biological weapons, it also says that US intelligence analysts believe that Saddam Hussein would only launch an attack against the US if he felt a US invasion were inevitable. It also concludes that Saddam would only provide terrorists with chemical or biological agents for use against the United States as a last resort in order to “exact vengeance by taking a large number of victims with him.” (Central Intelligence Agency 10/1/2002; Pincus 6/22/2003; Agence France-Presse 11/30/2003)
Reconstituted nuclear weapons programs - According to the NIE, “most” of the US’ six intelligence agencies believe there is “compelling evidence that Saddam [Hussein] is reconstituting a uranium enrichment effort for Baghdad’s nuclear weapons program.” The one agency that disagrees with this conclusion is the State Department’s Bureau of Intelligence and Research (INR), which says in its dissenting opinion: “The activities we have detected do not, however, add up to a compelling case that Iraq is currently pursuing what INR would consider to be an integrated and comprehensive approach to acquire nuclear weapons. Iraq may be doing so, but INR considers the available evidence inadequate to support such a judgment. Lacking persuasive evidence that Baghdad has launched a coherent effort to reconstitute its nuclear weapons programs, INR is unwilling to… project a timeline for the completion of activities it does not now see happening.” It is later learned that nuclear scientists in the Department of Energy’s in-house intelligence office were also opposed to the NIE’s conclusion and wanted to endorse the State’s alternative view. However, the person representing the DOE, Thomas Ryder, silenced them and inexplicably voted to support the position that Iraq had reconstituted its nuclear weapons program (see Late September 2002). The DOE’s vote was seen as critical, since the department’s assessment was supposed to represent the views of the government’s nuclear experts. (Central Intelligence Agency 10/1/2002; Milbank 7/19/2003; Landay 2/10/2004; Landay 2/10/2004)
Iraqi attempts to obtain uranium from Africa - According to the NIE, Iraq is “vigorously trying” to obtain uranium and “reportedly” is working on a deal to purchase “up to 500 tons” of uranium from Niger. It reads: “A foreign government service reported that as of early 2001, Niger planned to send several tons of ‘pure uranium’ (probably yellowcake) to Iraq. As of early 2001, Niger and Iraq reportedly were still working out arrangements for this deal, which could be for up to 500 tons of yellowcake. We do not know the status of this arrangement. Reports indicate Iraq also has sought uranium ore from Somalia and possibly the Democratic Republic of the Congo.” But the alternative view—endorsed by the State Department’s Bureau of Intelligence and Research (INR)—says that it is doubtful Iraq is trying to procure uranium from Africa. ”(T)he claims of Iraqi pursuit of natural uranium in Africa are, in INR’s assessment, highly dubious,” it reads. (Central Intelligence Agency 10/1/2002; Milbank 7/19/2003)
Iraqi attempts to obtain aluminum tubes - The NIE says that most “agencies believe that Saddam’s personal interest in and Iraq’s aggressive attempts to obtain high-strength aluminum tubes for centrifuge rotors—as well as Iraq’s attempts to acquire magnets, high-speed balancing machines, and machine tools—provide compelling evidence that Saddam is reconstituting a uranium enrichment effort for Baghdad’s nuclear weapons program.” To support its analysis of the tubes, it includes a chart which compares the dimensions of the aluminum tubes sought by Iraq with those that would be needed for a “Zippe-type” centrifuge. The chart’s comparison of the tubes makes it appear that the tubes are similar. But the NIE neglects to say that the aluminum tubes are an exact match with those used in Iraq’s 81-millimeter rocket. The estimate also claims that the tubes are not suitable for rockets. The assertion ignores the fact that similar tubes are used in rockets from several countries, including the United States. (US Congress 7/7/2004, pp. 84; Barstow, Broad, and Gerth 10/3/2004) It does note however that the 900 mm tubes ordered by Iraq would have to have been cut in half to make two 400 mm rotors, and that the tubes would have needed other modifications as well in order to be used in centrifuge rotors. (The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction (aka 'Robb-Silberman Commission') 3/31/2005) The NIE’s conclusion about the tubes is challenged by two US intelligence agencies, the DOE’s in house intelligence agency, and the State Department’s Bureau of Intelligence and Research. In its dissenting opinion, the DOE says, “It is well established in open sources that bare aluminum is resistant to UF6 and anodization is unnecessary for corrosion resistance, either for the aluminum rotors or for the thousands of feet of aluminum piping in a centrifuge facility. Instead, anodization would likely introduce uncertainties into the design that would need to be resolved before a centrifuge could be operated.” The DOE’s dissenting opinion—written mainly by nuclear physicist William Domke at the Energy Department’s Lawrence Livermore National Laboratory and nuclear physicist Jeffrey Bedell at the Los Alamos National Laboratory—also notes that anodization is a standard practice in missile construction for environmental protection. The Energy Department’s centrifuge physicists suggested more than a year before that the tubes were meant to serve as casings for conventional rockets (see May 9, 2001), but CIA analysts held fast to their theory. (Milbank 7/19/2003; Nichols and Diamond 7/31/2003; Gellman 10/26/2003; US Congress 7/7/2004, pp. 59) Years later a DOE intelligence analyst will tell two journalists, “[The DOE’s nuclear scientists] are the most boring people. Their whole lives revolve around nuclear technology. They can talk about gas centrifuges until you want to jump out of a window. And maybe once every ten years or longer there comes along an important question about gas centrifuges. That’s when you should really listen to these guys. If they say an aluminum tube is not for a gas centrifuge, it’s like a fish talking about water.” (Isikoff and Corn 2006, pp. 40) The State Department’s Bureau of Intelligence and Research, similarly writes in its dissenting footnote: “In INR’s view Iraq’s efforts to acquire aluminum tubes is central to the argument that Baghdad is reconstituting its nuclear weapons program, but INR is not persuaded that the tubes in question are intended for use as centrifuge rotors. INR accepts the judgment of technical experts at the US Department of Energy (DOE) who have concluded that the tubes Iraq seeks to acquire are poorly suited for use in gas centrifuges to be used for uranium enrichment and finds unpersuasive the arguments advanced by others to make the case that they are intended for that purpose. INR considers it far more likely that the tubes are intended for another purpose, most likely the production of artillery rockets. The very large quantities being sought, the way the tubes were tested by the Iraqis, and the atypical lack of attention to operational security in the procurement efforts are among the factors, in addition to the DOE assessment, that lead INR to conclude that the tubes are not intended for use in Iraq’s nuclear weapon program.” (Milbank 7/19/2003; Nichols and Diamond 7/31/2003)
Chemical and Biological Weapons - On the question of chemical and biological weapons, the NIE says: “We judge Iraq has some lethal and incapacitating BW agents and is capable of quickly producing and weaponizing a variety of such agents, including anthrax, for delivery by bombs, missiles, aerial sprayers, and covert operatives.” But the document also highlights the belief that it is unlikely that Iraq has any intention to use these against the US. “… Baghdad for now appears to be drawing a line short of conducting terrorist attacks with conventional or CBW [Chemical/Biological Weapons] against the United States, fearing that exposure of Iraqi involvement would provide Washington with a stronger case for making war.” Iraq would probably only use such weapons against the United States if it “feared an attack that threatened the survival of the regime were imminent or unavoidable, or possibly for revenge.” (Central Intelligence Agency 10/1/2002)
Unmanned Aerial Vehicles - Citing defectors and exiles, the NIE states that Iraq possesses unmanned aerial vehicles (UAVs) which can be used to deploy biological and chemical weapons. But the document includes a dissenting opinion by the Air Force’s National Air and Space Intelligence Center. The center, which controls most of the US military’s UAV fleet, says there is little evidence that Iraq’s drones are related to the country’s suspected biological weapons program. Current intelligence suggests that the drones are not capable of carrying much more than a camera and a video recorder. The Air Force believes that Iraq’s unmanned aerial vehicles (UAVs) are for reconnaissance, like its counterparts in the US. The dissenting opinion reads: “… The Director, Intelligence, Surveillance and Reconnaissance, US Air Force, does not agree that Iraq is developing UAVs primarily intended to be delivery platforms for chemical and biological warfare (CBW) agents. The small size of Iraq’s new UAV strongly suggests a primary role of reconnaissance, although CBW delivery is an inherent capability.” (Linzer and Lumpkin 8/24/2003; Graham 9/26/2003; Landay 2/10/2004) Bob Boyd, director of the Air Force Intelligence Analysis Agency, will tell reporters in August 2003 that his department thought the allegation in the NIE “was a little odd,” noting that Air Force assessments “all along” had said that reconnaissance, not weapons delivery, was the purpose of Iraq’s drones. “Everything we discovered strengthened our conviction that the UAVs were to be used for reconnaissance,” he will explain. “What we were thinking was: Why would you purposefully design a vehicle to be an inefficient delivery means? Wouldn’t it make more sense that they were purposefully designing it to be a decent reconnaissance UAV?” (Linzer and Lumpkin 8/24/2003; Graham 9/26/2003) The NIE also says that Iraq is attempting to obtain commercially available route-planning software that contains topographic data of the United States. According to the NIE, this data could facilitate targeting of US sites. But Air Force analysts were not convinced by the argument, noting that this sort of information could easily be retrieved from the Internet and other highly accessible sources. “We saw nothing sinister about the inclusion of the US maps in route-planning software,” Boyd will tell reporters. (Graham 9/26/2003) Analysts at the Pentagon’s Missile Defense Agency are said to back the Air Force’s National Air and Space Intelligence Center’s position. (Linzer and Lumpkin 8/24/2003)
Appendices - Most of the caveats and dissents in the NIE are relegated to a variety of appendices at the end of the document. (Unger 2007, pp. 266)
Aftermath - After the completion of the National Intelligence Estimate, the Bush administration will continue to make allegations concerning Iraq’s weapons capabilities and ties to militant Islamic groups, but will include none of the qualifications and nuances that are present in the classified NIE. After excerpts from the classified version of the NIE are published in the press in July of 2003 (see 3:09 p.m. July 11, 2003), administration officials will claim that neither Bush, Rice, nor other top officials were informed about the alternative views expressed by the DOE, INR, and the Air Force intelligence agency. They will also assert that the dissenting views did not significantly undermine the overall conclusion of the NIE that Iraq was continuing its banned weapons program despite UN resolutions. (Milbank 7/19/2003; Stevenson 7/19/2003; Milbank and Allen 7/27/2003) But this claim is later disputed in an article by the Washington Post, which reports: “One person who has worked with Rice describes as ‘inconceivable’ the claims that she was not more actively involved. Indeed, subsequent to the July 18 briefing, another senior administration official said Rice had been briefed immediately on the NIE—including the doubts about Iraq’s nuclear program—and had ‘skimmed’ the document. The official said that within a couple of weeks, Rice ‘read it all.’” (Milbank and Allen 7/27/2003) The official’s account, will in fact be confirmed by Rice herself, who reportedly tells Gwen Ifill at the National Association of Black Journalists Convention in Dallas on August 7, 2003: “I did read everything that the CIA produced for the president on weapons of mass destruction. I read the National Intelligence Estimate cover to cover a couple of times. I read the reports; I was briefed on the reports. This is—after 20 years, as somebody who has read a lot of intelligence reports—this is one of the strongest cases about weapons of mass destruction that I had ever read.” (Daily Howler 8/11/2003)
Conclusions 'Overstated' - George Bush is also provided with a summary of the NIE’s dissenting views. According to the Robb-Silberman report, released in early 2005, the president’s summary of the NIE notes that “INR and DOE believe that the tubes more likely are intended for conventional weapon uses.” (The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction (aka 'Robb-Silberman Commission') 3/31/2005) Additionally, senior CIA analyst Stuart Cohen, the acting chairman of the National Intelligence Council at this time, who helped write the document, will tell the Agence France-Presse, “Any reader would have had to read only as far as the second paragraph of the Key Judgments to know that as we said, ‘we lacked specific information on many key aspects of Iraq’s WMD program.’” The Key Judgments section is also where INR’s detailed dissent on the aluminum tubes allegation was located. (Agence France-Presse 11/30/2003) A Senate Intelligence Committee investigation will determine in July 2004 that “most of the major key judgments in the Intelligence Community’s October 2002 National Intelligence Estimate (NIE), Iraq’s Continuing Programs for Weapons of Mass Destruction, either overstated, or were not supported by, the underlying intelligence reporting.” (US Congress 7/7/2004, pp. 59) And in 2006, one of the report’s authors, CIA senior analyst Paul Pillar, will admit the NIE had been written with the intent of “strengthen[ing] the case of going to war with the American public.” (Pillar 6/20/2006)
NIE 'Distorted' Due to Political Pressures, Author Claims - In 2007, author Craig Unger will write, “At the time, to virtually everyone in Congress, the NIE was still sacrosanct. It was still the last word in American intelligence. Yet it had been distorted thanks to political pressures from the neocons and the White House. If one took it seriously, the Niger documents were real. Curveball had credibility. And the aluminum tubes were part of Saddam’s nuclear program. Only one conclusion could be drawn: Saddam Hussein post an extraordinarily grave threat.” (Unger 2007, pp. 266)

The Army’s senior SERE psychologist, Lieutenant Colonel Morgan Banks, warns interrogators at Guantanamo against using SERE techniques in their questioning of detainees. The SERE program, which trains US soldiers to resist torture, has had its tactics “reverse-engineered” to be used against suspected terrorists (see December 2001, January 2002 and After, and July 2002). In an e-mail, Banks writes: “[T]he use of physical pressures brings with it a large number of potential negative side effects.… When individuals are gradually exposed to increasing levels of discomfort, it is more common for them to resist harder.… If individuals are put under enough discomfort, i.e. pain, they will eventually do whatever it takes to stop the pain. This will increase the amount of information they tell the interrogator, but it does not mean the information is accurate. In fact, it usually decreases the reliability of the information because the person will say whatever he believes will stop the pain.… Bottom line: the likelihood that the use of physical pressures will increase the delivery of accurate information from a detainee is very low. The likelihood that the use of physical pressures will increase the level of resistance in a detainee is very high.” (Levin 4/21/2009)

The US and Britain continue to demand that weapons inspectors not return to Iraq until after a stronger resolution—one that authorizes the use of force—is agreed upon by the National Security Council. Bush threatens to lead a coalition against Iraq if the UN Security Council fails to back him. During an address in Washington to Hispanic leaders, Bush says: “My intent, of course, is for the United Nations to do its job. I think it’ll make it easier for us to keep the peace…. My intent is to put together a vast coalition of countries who understand the threat of Saddam Hussein. The military option is my last choice, not my first. It’s my last choice…. The choice is up to the United Nations to show its resolve. The choice is up to Saddam Hussein to fulfill its word—his word. And if neither of them acts, the United States, in deliberate fashion, will lead a coalition to take away the world’s worst weapons from one of the world’s worst leaders.” (Leopold and Mikkelsen 10/3/2002; US President 10/7/2002) But Russia, France, and China maintain their opposition to the US-British draft resolution which would pave the way for using military force against Iraq. Russian Deputy Foreign Minister Alexander Saltanov strongly disagrees that a tougher resolution is needed. And France remains insistent that any further resolutions against Iraq should be broken into two parts—one defining the terms of inspections, and a second outlining the consequences if Iraq does not comply. (Leopold and Mikkelsen 10/3/2002)

The CIA releases a 25-page declassified version of its October 1 National Intelligence Estimate on Iraq (see October 1, 2002) and posts it on the agency’s website for public viewing. (Pincus 6/22/2003; Burrough et al. 5/2004, pp. 281) The document, titled “Iraq’s Weapons of Mass Destruction Programs,” presents a very different assessment of the threat posed by Iraq than the original document. Printed on slick glossy magazine-style paper, and full of colorful maps, graphs, tables, and photos, the document contains few of the caveats and nuances that are in the classified version. Nor does it include the dissenting opinions of the Energy Department’s in-house intelligence agency, the State Department’s Bureau of Intelligence and Research, or the Air Force’s National Air and Space Intelligence Center. (Central Intelligence Agency 10/4/2002 pdf file; Pincus and Priest 2/7/2003; Landay 2/10/2004) Paul Pillar, the principal author of the paper, will later admit, “In retrospect, we shouldn’t have done that white paper at all.” Instead of intelligence analysis, the “paper was policy advocacy,” he admits. (Isikoff and Corn 2006, pp. 138-139)

Preparing for a major speech by President Bush on Iraq (see October 7, 2002), the National Security Council has sent the sixth draft of the speech to the CIA for vetting. It includes a line saying that Iraq “has been caught attempting to purchase up to 500 metric tons of uranium oxide from Africa—an essential ingredient in the enrichment process.” It is essentially the same language turned down by the CIA for an earlier speech (see September 11, 2002). In response, the CIA’s associate deputy director for intelligence [ADDI] sends a four-page memo to Bush administration officials, including Bush’s Deputy National Security Adviser, Stephen J. Hadley, and the chief speechwriter, Michael Gerson, expressing doubt over claims that Iraq had attempted to obtain uranium from Niger. On page three of the memo, the ADDI advises removing the allegation from the draft of Bush’s upcoming speech in Cincinnati. “[R]emove the sentence because the amount is in dispute and it is debatable whether it can be acquired from the source. We told Congress that the Brits have exaggerated this issue (see September 24, 2002). Finally, the Iraqis already have 550 metric tons of uranium oxide in their inventory.” (Milbank and Pincus 7/23/2003; Unger 2007, pp. 261-262) Despite the warning, the White House refuses to make substantial changes. Draft seven of the speech, completed later in the day (see October 6, 2002), contains the passage, “[T]he regime has been caught attempting to purchase substantial amounts of uranium oxide from sources in Africa.” (US Congress 7/7/2004) Hadley will later claim in July 2003 that he did not brief his boss, Condoleezza Rice, on the memo. (Milbank and Allen 7/27/2003)

The CIA’s associate deputy director for intelligence (ADDI) receives draft seven of President Bush’s upcoming speech in Cincinnati and sees that the speechwriters have failed to remove the passage on Iraq’s alleged attempt to purchase uranium from Niger, as the CIA had advised the day before (see October 5, 2002). The revised passage reads in part, “the regime has been caught attempting to purchase a substantial amount of uranium oxide from sources in Africa.” The ADDI contacts Director of Central Intelligence George Tenet and tells him that the “president should not be a fact witness on this issue” because the agency’s analysts consider the reporting “weak” and say it is based solely on one source. Tenet then personally calls White House officials, including Deputy National Security Adviser Stephen Hadley, with the CIA’s concerns. The allegation is finally removed from the speech. Later in the day, to press its point even further, the CIA faxes another memo, summarizing its position on the Africa-uranium claim. The memo states: “[M]ore 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 is one of the two issues where we differed with the British.” (Pincus and Allen 7/13/2003; Milbank and Pincus 7/23/2003; US Congress 7/7/2004; Unger 2007, pp. 261-262) The memo’s recipients include National Security Adviser Condoleezza Rice and her deputy, Hadley. (Milbank and Pincus 7/23/2003) Bush will not use the reference in his speech—although he does repeat the “smoking gun/mushroom cloud” trope (see September 4, 2002)—but the administration’s neoconservatives, such as Hadley, are not through with the issue. They will continue trying to insert the language into other speeches (see Mid-January 2003 and 9:01 pm January 28, 2003). Larry Wilkerson, the chief of staff for Secretary of State Colin Powell, will later say: “That was their favorite technique. Stick that baby in there 47 times and on the 47th time it would stay. I’m serious. It was interesting to watch them do this. At every level of the decision-making process you had to have your axe out, ready to chop their fingers off. Sooner or later you would miss one and it would get in there.” (Unger 2007, pp. 261-262)

Fallujah II chemical plant.Fallujah II chemical plant. [Source: CIA]In a televised speech, President Bush presents the administration’s case that Saddam Hussein’s regime is a threat to the security of the nation and insists that regime change would improve lifes for Iraqis. “Some worry that a change of leadership in Iraq could create instability and make the situation worse. The situation could hardly get worse, for world security and for the people of Iraq. The lives of Iraqi citizens would improve dramatically if Saddam Hussein were no longer in power, just as the lives of Afghanistan’s citizens improved after the Taliban.” The speech is widely criticized for including false and exaggerated statements.
Iraq has attempted to purchase equipment used to enrich uranium for nuclear weapons - Bush claims that a shipment of 3,000 aluminum tubes to Iraq, which were intercepted in Jordan by US authorities in July of 2001 (see July 2001), had been destined for use in a uranium enrichment program. But by this time numerous experts and government scientists have already warned the administration against making this allegation. (US President 10/14/2002) Three weeks before Bush’s speech, The Washington Post ran a story on the aluminum tubes. The article summarized a study by the Institute for Science and International Security (ISIS), disputing the administration’s claim that the tubes were to be used for gas centrifuges. The report was authored by the institute’s president and founder, David Albright, a respected nuclear physicist, who had investigated Iraq’s nuclear weapons program after the First Gulf War as a member of the International Atomic Energy Agency’s inspection team and who has spoken before Congress on numerous occasions. In his study, he concluded that Iraq’s attempts to import the tubes “are not evidence that Iraq is in possession of, or close to possessing, nuclear weapons” and “do not provide evidence that Iraq has an operating centrifuge plant or when such a plant could be operational.” (Warrick 9/19/2002; Borger 10/9/2002; Collier 10/12/2002; Albright 10/9/2003) Soon after the speech, Albright tells The Guardian newspaper that there is still no evidence to substantiate that interpretation. As one unnamed specialist at the US Department of Energy explains to the newspaper, “I would just say there is not much support for that [nuclear] theory around here.” (Borger 10/9/2002) The Washington Post article also reported that government experts on nuclear technology who disagreed with the White House view had told Albright that the administration expected them to remain silent. (Warrick 9/19/2002; Fisk 9/22/2002) Houston G. Wood III, a retired Oak Ridge physicist considered to be “among the most eminent living experts” on gas centrifuges reviewed the tube question in August 2001 (see 1950s) and concluded at that time that it was very unlikely that the tubes had been imported to be used for centrifuges in a uranium enrichment program. He later tells The Washington Post in mid-2003 that “it would have been extremely difficult to make these tubes into centrifuges,” adding that it stretched “the imagination to come up with a way.” He also says that other centrifuge experts whom he knew shared his assessment of the tubes. (Gellman and Pincus 8/10/2003) In addition to the several outside experts who criticized the tubes allegation, analysts within the US intelligence community also doubted the claim. Less than a week before Bush’s speech, the Energy Department and the State Department’s intelligence branch, the INR, had appended a statement to a National Intelligence Estimate on Iraq disputing the theory (see October 1, 2002). (Central Intelligence Agency 10/1/2002 Sources: David Albright)
Saddam Hussein ordered his nuclear program to continue in 1998 - Bush says that US intelligence has information that Saddam Hussein ordered his nuclear program to continue after inspectors left in 1998. “Before being barred from Iraq in 1998, the International Atomic Energy Agency dismantled extensive nuclear weapons-related facilities, including three uranium enrichment sites,” Bush charges. “That same year, information from a high-ranking Iraqi nuclear engineer who had defected revealed that despite his public promises, Saddam Hussein had ordered his nuclear program to continue.” (Collier 10/12/2002; US President 10/14/2002) But Bush’s “high-ranking” source turns out to be Khidir Hamza, who is considered by many to be an unreliable source. Albright, who was president of the Institute for Science and International Security where Hamza worked as an analyst from 1997 to 1999, says that after Hamza defected, “he went off the edge [and] started saying irresponsible things.” (Collier 10/12/2002) And General Hussein Kamel, Saddam Hussein’s son-in-law who was in charge of the dictator’s former weapons program but who defected in 1995, told UNSCOM and IAEA inspectors, as well as US and British intelligence, that Khidir Hamza was “a professional liar.” Kamel explained, “He worked with us, but he was useless and always looking for promotions. He consulted with me but could not deliver anything…. He was even interrogated by a team before he left and was allowed to go.” (United Nations Special Commission 4/16/1998; Hersh 5/12/2003)
Iraq is developing drones that could deploy chemical and biological weapons - The President claims that Iraq is developing drones, or unmanned aerial vehicles (UAVs), which “could be used to disperse chemical or biological weapons across broad areas.” He goes so far as to say, “We’re concerned that Iraq is exploring ways of using these UAVs for missions targeting the United States.” (Borger 10/9/2002; US President 10/14/2002) But this claim comes shortly after US intelligence agencies completed a National Intelligence Estimate on Iraq, in which Air Force intelligence had disputed the drone allegation (see October 1, 2002). Bush’s drone allegation is quickly derided by experts and other sources. The Guardian of London reports two days later that according to US military experts, “Iraq had been converting eastern European trainer jets, known as L-29s, into drones, but… that with a maximum range of a few hundred miles they were no threat to targets in the US.” (Borger 10/9/2002) And the San Francisco Chronicle will cite experts who say that “slow-moving unmanned aerial vehicles would likely be shot down as soon as they crossed Iraq’s borders” because “Iraqi airspace is closely monitored by US and British planes and radar systems.” The report will also note, “It’s also unclear how the vehicles would reach the US mainland—the nearest point is Maine, almost 5, 500 miles away—without being intercepted.” (Collier 10/12/2002) Anthony Cordesman, a security analyst at the Center for Strategic and International Studies, will say he believes the drone allegation is unrealistic. In an interview with the San Francisco Chronicle, he says, “As a guesstimate, Iraq’s present holdings of delivery systems and chemical and biological weapons seem most likely to be so limited in technology and operational lethality that they do not constrain US freedom of action or do much to intimidate Iraq’s neighbors.” (Collier 10/12/2002) These criticisms of Bush’s claim are validated after the US invasion of Iraq. Two US government scientists involved in the post-invasion hunt for weapons of mass destruction will tell the Associated Press in August 2003 that they inspected the drones and concluded that they were never a threat to the US. “We just looked at the UAVs and said, ‘There’s nothing here. There’s no room to put anything in here,’” one of the scientists will say. “The US scientists, weapons experts who spoke on condition of anonymity, reached their conclusions after studying the small aircraft and interviewing Iraqi missile experts, system designers and Gen. Ibrahim Hussein Ismail, the Iraqi head of the military facility where the UAVs were designed,” the Associated Press will explain in its report. (Linzer and Lumpkin 8/24/2003)
Saddam Hussein could give terrorists weapons of mass destruction - Bush asserts, “Iraq could decide on any given day to provide a biological or chemical weapon to a terrorist group or individual terrorists.” (US President 10/14/2002) But not only have numerous experts and inside sources disputed this theory (see July 2002-March 19, 2003), US intelligence’s National Intelligence Estimate on Iraq—completed just one week before—concluded that this is an unlikely scenario (see October 1, 2002). “Baghdad, for now, appears to be drawing a line short of conducting terrorist attacks with conventional or CBW against the United States,” the document clearly stated. “Should Saddam conclude that a US-led attack could no longer be deterred he probably would become much less constrained in adopting terrorist actions.” (Collier 10/12/2002)
Iraq rebuilding facilities associated with production of biological and chemical weapons - Bush claims that surveillance photos indicate that Iraq “is rebuilding facilities that it had used to produce chemical and biological weapons.” (US President 10/14/2002) On the following day, photos are published on the White House website showing that Iraq had repaired three sites damaged by US bombs—the Al Furat Manufacturing Facility, the Nassr Engineering Establishment Manufacturing Facility, and Fallujah II. (US President 10/14/2002) But no evidence is provided by the White House demonstrating that these sites have resumed activities related to the production of weapons of mass destruction. Iraqi authorities will give reporters a tour of the facilities on October 10 (see October 10, 2002).
Iraq has trained al-Qaeda members in bomb-making and poisons and deadly gases - Bush alleges that Iraq has trained al-Qaeda operatives “in bomb-making and poisons and deadly gases.” (US President 10/14/2002) The claim is based on a September 2002 CIA document which had warned that its sources were of “varying reliability” and that the claim had not yet been substantiated (see September 2002). The report’s main source, Ibn al-Shaykh al-Libi, an al-Qaeda operative who offered the information to CIA interrogators while in custody, later recants the claim (see February 14, 2004). A Defense Intelligence Agency report in February 2002 (see February 2002) had also expressed doubt in the claim, going so far as to suggest that al-Libi was “intentionally misleading [his] debriefers.” (CNN 9/26/2002; Jehl 7/31/2004; Isikoff 7/5/2005; Jehl 11/6/2005) And earlier in the month, US intelligence services had concluded in their National Intelligence Estimate on Iraq that this allegation could not be confirmed. (CNN 9/26/2002; Royce 10/10/2002; Collier 10/12/2002; Pincus 6/22/2003)
A very senior al-Qaeda leader received medical treatment in Baghdad - Bush claims: “Some al-Qaeda leaders who fled Afghanistan went to Iraq. These include one very senior al-Qaeda leader who received medical treatment in Baghdad this year, and who has been associated with planning for chemical and biological attacks.” The allegation refers to Abu Musab al-Zarqawi, a Jordanian-born Palestinian who is the founder of al-Tawhid, an organization whose aim is to kill Jews and install an Islamic regime in Jordan. It was first leaked to the press by an anonymous US official several days before Bush’s speech (see October 2, 2002). The allegation is partly based on intercepted telephone calls in which al-Zarqawi was overheard calling friends or relatives (see December 2001-Mid-2002). But on the same day as Bush’s speech, Knight Ridder Newspapers reports that according to US intelligence officials, “The intercepts provide no evidence that the suspected terrorist was working with the Iraqi regime or that he was working on a terrorist operation while he was in Iraq.” (Strobel, Landay, and Walcott 10/7/2002; US President 10/14/2002) Al-Zarqawi will link with al-Qaeda, but only in 2004, after the start of the war in Iraq (see October 17, 2004).

Italian freelance information peddler and former SISMI agent Rocco Martino, surprised at the tremendous media coverage his documents alleging an Iraq-Niger uranium deal are receiving (see September 24, 2002,March 2000, Late June 2002, and Summer 2004), approaches Elisabetta Burba, a journalist for a Milan news magazine, Panorama. Martino and Burba have worked together in the past; she considers him to be a reliable source. Panorama is edited by Carlo Rossella, a close political ally of conservative Prime Minister Silvio Berlusconi (see October 16, 2001). Berlusconi is a close ally of the Bush administration, and is actively working with the US to promote the war with Iraq. One of Panorama’s foreign contributors is American neoconservative Michael Ledeen (see December 9, 2001). These are all considerations which may have influenced Martino’s decision to contact Burba rather than a journalist with another news outlet. He tells her that he has some documents (see March 2000) that might interest her. (Talking Points Memo 10/31/2003; Huband 8/2/2004; Unger 2007, pp. 259-261; Eisner 4/3/2007)
'Let's Make This War Start' - They meet at a restaurant in Rome. Martino tells Burba that he has documents proving that Iraq made a deal to purchase hundreds of tons of uranium from Niger. “Let’s make this war start,” he says. “This is a megagalactica situation.” (Isikoff and Corn 2006, pp. 147)
The 'Italian Letter' - Perhaps the most interesting document is a letter from Nigerien President Mamadou Tandja to Iraqi dictator Saddam Hussein, giving his formal approval for a deal for Niger to sell 500 tons of uranium a year to Iraq. Washington Post reporter Peter Eisner will later write, “This was the smoking gun in the package, claiming to show the formal approval of Niger’s president to supply Iraq with a commodity that would in all likelihood only be used for a nuclear weapons program: Iraq had no nuclear power plants.” The letter is written in all capital letters, like an old telex, is dated July 27, 2000, and bears what Eisner describes as “an odd shield on the top, a shining sun surrounded by a horned animal head, a star, and a bird.” It is marked “Confidential and Urgent.” The letter reads in part, “500 tons of pure uranium per year will be delivered in two phases.” It bears a seal reading “The Office of the President of the Republic of Niger.” Written over the seal is a barely legible signature, apparently from Tandja. (Eisner 4/3/2007)
Cash on Corroboration - Martino hands over copies of the documents, totaling some 22 pages, mostly in French, and offers to sell Burba the originals. Skeptical but interested, Burba agrees to pay Martino 10,000 euros—about $12,500—for the documents if they can be corroborated by independent authorities. When Burba informs Rossella of the deal later in the day, he proposes sending her to Africa to investigate the claim (see October 16, 2002 and After), and insists she give copies of Martino’s documents to the US embassy. “I think the Americans are very interested in this problem of unconventional weapons,” he tells her. (Agence France-Presse 7/19/2003; Reuters 7/19/2003; Hersh 10/27/2003; Talking Points Memo 10/31/2003; Unger 2007, pp. 259-261; Eisner 4/3/2007)

Fox News is the only national television news broadcaster to cover a speech by President Bush on Iraq. Conservative radio host Rush Limbaugh calls the lack of coverage by other broadcasters the “final confirmation” of liberal bias among the news media. “If there was any remaining doubt about the networks’ editorial bias and ideological preferences,” he tells his listeners, “there shouldn’t be any longer.” (Jamieson and Cappella 2008, pp. 149-150)

The House votes to give President Bush sweeping authorization to use military force against Iraq, on an overwhelming 296-133 vote. One hundred and twenty-six Democrats vote against the bill even though House Minority Leader Richard Gephardt (D-MO) co-authored it. House Majority Leader Dick Armey (R-TX) issues a veiled warning to the president to use his newly granted powers judiciously: “Mr. President, we are about to give you a great trust.” After the bill passes the House, Bush says, “The days of Iraq acting as an outlaw state are coming to an end… [t]he gathering threat of Iraq must be confronted fully and finally.” One of the opponents of the House bill, John Spratt (D-SC), says that without an international diplomatic approach, “this will be the United States versus Iraq and in some quarters the US versus the Arab and the Muslim world.” Commenting on the passing of the resolution, the Washington Post reports: “Yesterday’s debate often lacked the passion and unpredictability of the 1991 affair, when members sat late into the night listening attentively to a war of words. By contrast, the House chamber was largely empty most of yesterday: the arguments familiar, the outcome certain, the conclusion anticlimactic.” (White House 10/2/2002; PBS 10/10/2002; VandeHei and Eilperin 10/11/2002) Bush calls on the Senate to pass the bill (see October 11, 2002) so it can be signed into law as soon as possible (see October 16, 2002). The Senate overwhelmingly approves the resolution the next day. (PBS 10/10/2002; US Senate 10/11/2002) The AUMF contains a caveat in the authorization that conditions Congress’s authorization of military force on a formal determination by Bush that Iraq poses a threat to the US that cannot be contained diplomatically, and that any military action against Iraq must be consistent with the war against those who attacked the US on 9/11 (see March 18, 2003). The US media virtually ignores this condition, and therefore the Bush administration does not feel particularly bound by it. Congress asks for the formal declaration either before launching an attack or within 48 hours of the attack, and insists that the declaration contain solid evidence of the impossibility of further diplomacy, and of Iraq’s connection to the 9/11 terrorists. (Dean 2004, pp. 143-148)

Two days after General Rick Baccus has been relieved from duty as the guard commander at Guantanamo (see October 9, 2002), and almost one and a half months since the writing of the Office of Legal Counsel’s (OLC) August memo on torture (see August 1, 2002), military intelligence at Guantanamo begin suggesting new rules of interrogation. Lieutenant Colonel Jerald Phifer, Director J2, sends a memo, to Major General Michael E. Dunlavey, Commander of Joint Task Force (JTF) 170, requesting approval for more severe interrogation techniques. (US Department of Defense 10/11/2002 pdf file; Mayer 2/27/2008) In 2009, Senator Carl Levin (D-MI) will write (see April 21, 2009) that Dunlavey’s request is sparked by recent reports on the use of SERE training techniques for interrogation purposes (see January 2002 and After and April 16, 2002). (Levin 4/21/2009)
Three Categories of Techniques - The memo states, “The current guidelines for interrogation procedures at GTMO [Guantanamo] limit the ability of interrogators to counter advanced resistance.” Phifer proposes three categories of techniques. The mildest, which includes yelling and weak forms of deception, are included in category one. Category two techniques are more severe and require approval by an “interrogator group director.” They include the use of stress positions for up to four hours; use of falsified documents; isolation for up to 30 days; sensory deprivation and hooding; 20-hour interrogations; removal of comfort and religious items; replacing hot food with cold military rations; removal of clothing; forced grooming, including the shaving of beards; and playing on detainees’ phobias to induce stress, such as a fear of dogs. The harshest techniques, listed in category three, are to be reserved for a “very small percentage of the most uncooperative detainees” and only used with permission from the commander of the prison. These methods include using non-injurious physical contact like poking or grabbing; threatening a detainee with death or severe pain or threatening that a family member would be subjected to such harm; exposing him to cold weather or water; using a wet towel to “induce the misperception of suffocation.” (US Department of Defense 10/11/2002 pdf file; Mayer 2/27/2008)
Desire to Extract More Information from Detainee - The request is prompted in part by military intelligence’s belief that Guantanamo detainee Mohamed al-Khatani has more information than the FBI has managed to extract from him. “Al-Khatani is a person in… whom we have considerable interest,” Dell’Orto will explain during a 2004 press briefing at the White House. “He has resisted our techniques. And so it is concluded at Guantanamo that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” (Washington File 6/23/2004)
JAG Officer Concludes Tactics are Legal - The same day, a staff judge advocate, Lieutenant Colonel Diane E. Beaver, reviews Phifer’s proposed techniques for legality and, while making qualifications and recommending further review, concludes in a memo to Dunlavey that they are legal. Also the same day, Dunlavey sends the list of techniques to his superior, General James T. Hill, commander of the Southern Command, requesting approval for their use. Dunlavey writes: “Although [the techniques currently employed] have resulted in significant exploitable intelligence the same methods have become less effective over time. I believe the methods and techniques delineated in the accompanying J-2 memorandum will enhance our efforts to extract additional information.” (US Department of Defense 10/11/2002 pdf file) Beaver concludes that since President Bush had decided that all the detainees “are not protected by the Geneva Conventions” (see January 18-25, 2002, February 7, 2002), all of the desired techniques are allowable because “no international body of law directly applies.” (Savage 2007, pp. 178)

An explosion lights up the sky on the island of Bali, Indonesia.An explosion lights up the sky on the island of Bali, Indonesia. [Source: Agence France-Presse]A car bomb detonates in front of a discotheque at Kuta Beach, on the Indonesian resort island of Bali, starting a fire that rages through a dozen buildings. A backpack-mounted device carried by a suicide bomber explodes in another Kuta Beach discotheque. 202 people are killed and 209 are injured. Eighty-eight of those killed are Australian, while most of the rest are Indonesian. A much smaller device explodes outside the US consulate in nearby Denpasar, causing only minor damage and no casualties. No group claims responsibility, but Jemaah Islamiyah (JI), al-Qaeda’s main affiliate in Southeast Asia, is believed to be behind the bombings. (Bonner 10/13/2002; Mydans 10/14/2002; BBC 2/19/2003) Hambali, a key leader in both al-Qaeda and JI, is said to have been involved. He will be arrested in 2003 and taken into US custody (see August 12, 2003). (Simpson 12/7/2003) Three alleged JI operatives, Ali Gufron (a.k.a. Mukhlas), Imam Samudra, and Amrozi bin Nurhasyim, will be arrested in Indonesia and sentenced to death in 2003 for their roles in the Bali bombings. Ali Imron, brother to both Gufron and Amrozi, will be sentenced to life in prison. (Perlez 9/19/2003; Perlez 10/3/2003) JI operatives Dulmatin, Azhari Husin, and Noordin Mohammed Top also are said to have major roles in the bombings. Husin will be killed in a police shootout in 2005, while Dulmatin and Top remain at large (see October 6, 2005 and After). It will later turn out that the US was given a “stunningly explicit and specific” advanced warning that Hambali and JI were planning to attack nightclubs in Bali (see August 21, 2002).

At a Republican fundraiser, President Bush erroneously labels captured Islamic militant Abu Zubaida (see March 28, 2002) as “one of the top three leaders” of al-Qaeda. Senior government officials have long been aware that many intelligence officials believe Zubaida to be little more than a low-level “gofer” for al-Qaeda (see Shortly After March 28, 2002 and April 9, 2002 and After). Bush says, apparently boasting of the deaths of some captured suspects: “I would say we’ve hauled in—arrested, or however you want to put it—a couple of thousand of al-Qaeda. Some of them are former leaders. Abu Zubaida was one of the top three leaders in the organization. Like number weren’t as lucky, they met a different kind of fate. But they’re no longer a problem. We’re slowly but surely rounding them up. The other day we got this guy, [Ramzi b]in al-Shibh. He popped his head up. He’s not a problem (see September 11, 2002). Slowly but surely. And I’m not giving up. There’s not a calendar on my desk that says, okay, on this day, you quit. That’s just not the way I think.” (Bush 10/14/2002)

The US embassy in Rome faxes the Niger documents to the State Department’s Bureau of Nonproliferation, which then passes a copy of the documents to the Bureau of Intelligence and Research (INR), the State Department’s intelligence bureau. (US Congress 7/7/2004, pp. 58) Simon Dodge, an INR nuclear analyst, receives a copy, and after a brief review of the documents immediately suspects that they are bogus. One particularly strange document that is included in the Niger papers describes a secret meeting that allegedly took place on June 14, 2002 at the home of the Iraqi ambassador in Rome. According to the document, the meeting was attended by military officials from Iraq, Iran, Sudan, Libya, and Pakistan. The purpose of the meeting was to form a coalition of Islamic nations against the West. They would seek “Global Support,” which would include backing from the “Islamic patriots accused of belonging to criminal organizations.” Dodge finds the scenario depicted in the document “completely implausible.” He notices that the document bears the same official seal that is stamped on the Niger documents. He concludes that the documents are probably all fakes, and he sends an email to other analysts in the intelligence community explaining this conclusion. (US Congress 7/7/2004, pp. 58; Isikoff and Corn 2006, pp. 162; CBS News 4/23/2006) According to one unnamed CIA official, “Everybody knew at every step of the way that they were false—until they got to the Pentagon, where they were believed.” (Hersh 10/27/2003) Copies also go to nuclear experts at the DIA, the Department of Energy, and the NSA. Wayne White, the deputy director of the INR and the INR’s principal Iraq analyst, reviews the documents himself. Within 15 minutes he too begins doubting their authenticity (see Mid-October 2002). (Unger 2007, pp. 261)

Italian journalist Elisabetta Burba flies to Niger to investigate some documents (see March 2000) she received a few days earlier (see Afternoon October 7, 2002). Not wanting to draw attention to her mission, she claims to be in Niger to investigate a newly discovered dinosaur fossil in the Tenere Desert. It does not take her long to discover just how difficult it would be to clandestinely ship 500 tons of uranium from Niger to Iraq (see March 1, 2002). (Priest 7/20/2003; Associated Press 7/20/2003; Unger 2007, pp. 261) “They would have needed hundreds of trucks,” she reports, a large percentage of all the trucks in Niger. It would have been impossible to conceal. (Eisner 4/3/2007) Investigative journalist Seymour Hersh will later report: “She visited mines and the ports that any exports would pass through, spoke to European businessmen and officials informed about Niger’s uranium industry, and found no trace of a sale. She also learned that the transport company and the bank mentioned in the papers were too small and too ill-equipped to handle such a transaction.” (Priest 7/20/2003; Associated Press 7/20/2003; Hersh 10/27/2003) With all evidence indicating that the papers are bogus, Burba returns to Italy, ready to write a different story: not on the claims of a uranium purchase, but on the attempt to pass off forged documents to make such an explosive claim. Instead, her editor, Carlo Rossella, calls her off. “I told her to forget the documents,” Rossalla later recalls. “From my point of view, the story was over.” (Unger 2007, pp. 261)

The CIA releases a more complete review of the Iraq-Niger documents (see Afternoon October 7, 2002 and October 9, 2002) in a Senior Executive Intelligence Brief (SEIB). The briefing notes the new intelligence on the documents, but adds what Washington Post reporter Peter Eisner will call “important caveats,” including the fact that there is no corroboration for the claims made in the documents, and that Iraq has “no known facilities for processing or enriching” uranium. The SEIB is classified and is distributed only to senior policymakers, as well as the House and Senate Intelligence Committees. (Eisner 4/3/2007)

Peter Jennings reports on ABC News’ World News Tonight, “The FBI tells ABC News it is very confident that it has found the person responsible” for the 2001 anthrax attacks (see October 5-November 21, 2001). Reporter Brian Ross explains, “That’s right, Peter, Steven Hatfill. And while there’s no direct evidence, authorities say they are building what they describe as a growing case of circumstantial evidence.” (Greenwald 8/10/2008) In 2008, Hatfill will be exonerated and given a large cash settlement after a federal judge states there “is not a scintilla of evidence” linking him to the anthrax attacks (see June 27, 2008).

Gen. James T. Hill, commander of the Southern Command, sends a memo to Chairman of the Joint Chiefs of Staff Richard Myers providing him information on the new interrogation techniques that have been requested for use at Guantanamo (see October 11, 2002). He says that new methods are needed because, “despite our best efforts, some detainees have tenaciously resisted our current interrogation methods.” He says he thinks Categories I and II techniques are “legal and humane.” He only questions the legality of category three techniques, recommending additional legal advice from lawyers at the Pentagon and the Justice Department. Hill writes: “I am particularly troubled by the use of implied or expressed threats of death of the detainee or his family. However, I desire to have as many options as possible at my disposal….” (US Department of Defense 10/25/2002 pdf file) Hill later says, “We weren’t sure in the beginning what we had; we’re not sure today what we have. There are still people who do not talk to us. We could have the keys to the kingdom and not know it.” (Golden and van Natal 6/21/2004)

A Washington Post front page article about the 2001 anthrax attacks (see October 5-November 21, 2001) states, “Bush administration officials have acknowledged that the anthrax attacks were an important motivator in the US decision to confront Iraq, and several senior administration officials say today that they still strongly suspect a foreign source—perhaps Iraq—even though no one has publicly said so.” The rest of the article focuses on the theory that the attacks were so sophisticated that a state such as Iraq was likely responsible (see October 28, 2002). (Gugliotta and Matsumoto 10/28/2002) The Bush administration initially suggested there could be a link between the anthrax attacks and Iraq (see October 14, 2001 and October 17, 2001), but in November 2001 the FBI began focusing on the theory that a loner American was the sole culprit (see November 10, 2001).

In 2002, microbiologist Perry Mikesell came under suspicion as the anthrax attacker. Mikesell is an anthrax specialist who worked with Bruce Ivins and others at USAMRIID, the US Army’s top bioweapons laboratory, in the 1980s and 1990s. Since then, he had worked at the Battelle Memorial Institute, a private contractor in Ohio working on classified government bioweapons programs. According to family members, he begins drinking heavily after the FBI starts suspecting him, consuming up to a fifth of hard liquor a day. One relative will later say, “It was a shock that all of a sudden he’s a raging alcoholic.” He dies in late October 2002. The relative will say, “He drank himself to death.” His connection to the anthrax investigation will not be revealed until 2008, and it still is completely unknown why the FBI was focusing on him. Two weeks before his suicide (see July 29, 2008), Ivins will liken the pressure he is facing from the FBI to the pressure that had been put on Mikesell. He will reportedly tell a colleague, “Perry [Mikesell] drank himself to death.” (Broad and Shane 8/9/2008)

The deputy commander of the Pentagon’s Criminal Investigation Task Force at the Guantanamo Bay detention facility raises concerns that the SERE techniques being used against suspected terrorists (see December 2001) were “developed to better prepare US military personnel to resist interrogations and not as a means of obtaining reliable information.” Concurrently with this officer’s questions, Air Force officials cite “serious concerns regarding the legality of many of the proposed techniques.” Legal officials from other military branches agree, citing “maltreatment” that would “arguably violate federal law.” (Senate Armed Services Committee 11/20/2008 pdf file)

Confident of UN support for its resolution (see November 1, 2002), the Bush administration presents the UN Security Council with a third draft for an even tougher UN resolution aimed at “disarming” Saddam Hussein’s regime. In one section the word “or” is replaced with “and,” and in another the phrase “restore international peace and security” is changed to “secure international peace and security.” France will agree to the new draft on November 7 and the resolution will be passed by the council unanimously on November 8 (see November 8, 2002) with only slight modifications. (CNN 11/8/2002)

Two Tucson, Arizona, residents, David Vigil and his wife Whitney Starr, are arrested for filing false liens against local officials in Oro Valley. Vigil and Starr describe themselves as “Freemen,” though it is not clear that they are affiliated to the Montana Freemen (see 1993-1994 and March 16, 1999). They used Freemen-like legal tactics against local officials when those officials cited a relative of theirs for driving without a license and registration; in retaliation, Vigil and Starr filed false liens against the officials’ property. John Evans of the Arizona Attorney General’s Office says, “That ended up with these people assisting and filing enormous liens against police officers, most of the Oro Valley City Council, [and] the Mayor, alleging that they owed the Starrs millions of dollars.” The liens were eventually dismissed. Authorities believe Vigil and Starr may be part of a larger group. (KOLD-TV 11/7/2002)

The UN Security Council unanimously votes 15-0 in favor of UN Resolution 1441, which stipulates that Iraq is required to readmit UN weapons inspectors under tougher terms than required by previous UN resolutions. The resolution does not give the US authority to use force against Iraq. (United Nations 11/8/2002) The resolution makes it very clear that only the UN Security Council has the right to take punitive action against Iraq in the event of noncompliance. (Zunes 11/14/2002) After the resolution is passed, top Bush administration officials make public statements threatening to use military force against Iraq if Saddam’s regime does not comply with the resolution. George Bush, Colin Powell, John Negroponte, Andrew Card, and Ari Fleischer make statements asserting that the resolution does not prevent the US from using force.
bullet A provision that would have authorized UN member states to use “all necessary means” to disarm Iraq is relocated to the preamble of the resolution where it has no practical significance. (Preston 11/6/2002; United Nations 11/9/2002)
bullet A provision requiring that security guards accompany the inspectors is removed. (Preston 11/6/2002)
bullet The resolution requires Iraq to provide the UN with the names of all its weapons experts. (Preston 11/6/2002; Beeston 11/9/2002; United Nations 11/9/2002)
bullet The resolution states that weapons inspectors will be authorized to remove Iraqi scientists, as well as their families, from Iraq in order to interview them. An official later tells the Washington Post that the power to interview Iraqi scientists was “the most significant authority contained in the resolution” and “the one thing that is most likely to produce overt Iraqi opposition.” (United Nations 11/9/2002; DeYoung and Pincus 12/12/2002)
bullet The resolution overturns provisions of the previous Resolution 1154 that required UN inspectors to notify Baghdad before inspecting Saddam Hussein’s presidential sites. Resolution 1154 had also required that inspections of those sensitive sites occur in the presence of diplomats. The new resolution demands that Iraq allow the inspectors “immediate, unimpeded, unconditional and unrestricted access” to any sites chosen by the inspectors. (United Nations 11/9/2002) Unnamed diplomats and US officials tell USA Today that the US may attempt to claim that Iraq is engaged in a pattern of defiance and deceit if it hinders the inspectors in any way. (Diamond and Nichols 12/19/2002 Sources: Unnamed diplomats and US officials)
bullet The resolution includes a provision calling for “no-fly” and “no-drive” zones in the areas surrounding suspected weapons sites to prevent the Iraqis from removing evidence prior to or during inspections. (United Nations 11/9/2002)
bullet The final resolution includes statements stipulating that an Iraqi failure to comply with the terms of the resolution, including “false statements or omissions” in the weapons declaration it is required to submit, will “constitute a further material breach” of its obligations. Additional wording included in the same provision explains that any breach of the resolution will “be reported to the Council for assessment.” Also, towards the end of the resolution, it states that the chief weapons inspector should “report immediately to the Council any interference” by Iraq so that the Council can “convene immediately to consider the situation and the need for full compliance with all the relevant council resolutions in order to restore international peace and security.” (Preston 11/6/2002; CNN 11/8/2002; Beeston 11/9/2002; United Nations 11/9/2002)
bullet Paragraph 8 of UN Security Council Resolution 1441 states that Iraq “shall not take or threaten hostile acts directed against any representative or personnel of the United Nations or the IAEA or of any Member State taking action to uphold any Council resolution.” The US contends that this applies to the US- and British- patrolling of the “no-fly” zones that the two countries imposed shortly after the Gulf War. The “patrolling,” which has never been officially sanctioned by the UN and which is not recognized by Iraq, often includes aerial attacks on Iraqi sovereign territory. Iraq consistently fires on the attacking jets in self-defense. Other UN Security Council members explicitly oppose this interpretation of the resolution before its passage. (United Nations 11/9/2002; Burns 11/12/2002)
bullet The resolution gives Iraq seven days to announce whether or not it will comply with the resolution, and 30 days (December 8) to declare its chemical, biological, and nuclear-related capabilities—even those that are unrelated to weapons programs. 10 days after Iraq’s acceptance of the terms, inspectors will send an advanced team to Baghdad, but will have a total of 45 days to begin the actual work. The inspection team will be required to provide the UN Security Council with a report 60 days (January 27) after the commencement of its work. (MacAskill and Burkeman 11/7/2002; Associated Press 11/8/2002; United Nations 11/9/2002; Lederer 11/13/2002) Diplomats and US officials speaking off the record tell USA Today that the declaration due on December 8 represents a hidden trigger, explaining that any omissions will be considered a material breach and sufficient justification for war. (Diamond and Nichols 12/19/2002 Sources: Unnamed diplomats and US officials)
bullet Syria requested that the resolution include a provision stating that Iraq’s compliance with the terms would result in the lifting of sanctions. This provision was not included. (CNN 11/8/2002)
bullet Syria requested that the resolution declare the entire Middle East a “nuclear-free and weapons of mass destruction-free zone.” This provision was not included. (CNN 11/8/2002)
bullet France did not want the resolution to include any wording that might authorize the use of force. Instead it argued that the resolution should include only terms for tougher inspections. In the event of Iraqi noncompliance with the terms, France argued, a separate resolution should be agreed upon to decide what further action would be necessary. France lost its argument, and the new resolution includes a warning to Iraq “that it will face serious consequences” in the event of its failure to comply with the terms of the resolution. (MacAskill and Burkeman 11/7/2002)

The Iraqi parliament votes unanimously to reject UN Resolution 1441 (see November 8, 2002). But since the parliament has no real authority, the final decision is left to Saddam Hussein, who has another three days to respond to the UN. (BBC 11/12/2002; MacFarquhar 11/12/2002)

Iraqi Ambassador to the UN Mohammed Al-Douri delivers a 9-page letter from Baghdad to UN Secretary-General Kofi Annan’s office agreeing to comply with UN Resolution 1441 (see November 8, 2002)—without conditions. According to the ambassador, “The letter says that Iraq accepts the resolution, and accepts the return of inspectors. There are no conditions, no reservations. We explained in the letter the whole Iraqi position saying that Iraq… has not and will not have any mass destruction weapons, so we are not worried about the inspectors when they will be back.” (Lederer 11/13/2002; Bone 11/14/2002)

Secretary of State Colin Powell hints that the US might view Iraqi attempts to shoot down coalition aircraft in the so-called “no-fly” zone as a breach of UN Resolution 1441 (see November 8, 2002). “If they [Iraqis] were to take hostile acts against the United States or [British] aircraft patrolling in the northern and (southern) no-fly zone, then I think we would have to look at that with great seriousness if they continue to do that.” (Associated Press 11/14/2002; Lynch 11/17/2002)

US and British warplanes attack a radar installation in southern Iraq near Al Najaf about 85 miles southeast of Baghdad at around 2:50 EST after Iraqi air defenses fired on “coalition” aircraft that were patrolling the southern “no-fly” zone. This is the first such incident to have occurred after the passing of UN resolution 1441 (see November 8, 2002). The US- and British- imposed “no-fly” zones have never been recognized by the UN and the two countries’ jurisdiction over the zones has no legal basis. Iraq has consistently regarded this “patrolling” as a violation of its airspace and as a threat to its security. US and British warplanes have attacked Iraqi targets more than forty times during the 2002. After the attacks, the Bush administration claims that Iraq’s action was a violation of UN Resolution 1441. (Associated Press 11/15/2002; Tomkins and Horrock 11/15/2002; Leopold 11/16/2002; Graham 11/16/2002; Lynch 11/17/2002)

Shortly after his arrest in the United Arab Emirates in early October 2002 (see Early October 2002), al-Qaeda leader Abd al-Rahim al-Nashiri is taken to an unknown location and tortured. He is waterboarded, which is a technique simulating drowning that is widely regarded as torture. He is only one of about three high-ranking detainees waterboarded, according to media reports (see May 2002-2003). (Hess 12/11/2007) Much will later be written about the torture and interrogation of other top al-Qaeda leaders such as Abu Zubaida, but next to nothing is publicly known about what happens to al-Nashiri in the months after his arrest. However, in late 2007 it will be reported that at least some of his interrogations were videotaped by the CIA (see Spring-Late 2002) and his waterboarding was videotaped. (Eggen and Pincus 12/18/2007) But these videotapes will later be destroyed in controversial circumstances (see November 2005). The waterboarding likely takes place in Thailand, because the videotape of al-Nashiri’s torture will be destroyed there in 2005 (see November 2005). (Hosenball 6/28/2008)

A team of 26 UN inspectors arrive in Baghdad. On the tarmac of Saddam Hussein International Airport, UNMOVIC Weapons Inspection Chief Hans Blix tells reporters, “We have come here for one single reason and that is because the world wants to have assurances that there are no weapons of mass destruction in Iraq. The situation is tense at the moment, but there is a new opportunity and we are here to provide inspection which is credible… We hope we can all take that opportunity together…. There is a new opportunity and we hope that opportunity will be well-utilized so that we can get out of sanctions. And in the long term, we will have a zone free of weapons of mass destruction in the Middle East.” Hans Blix and Director of the International Atomic Energy Agency Mohamed ElBaradei then head to Baghdad where they meet with Iraqi Gen. Amir al-Saadi and Hussam Mohammed Amin, the head of the Iraqi National Monitoring Directorate. (CNN 11/19/2002; Smith and MacAskill 11/29/2002)

Senate Majority Leader Tom Daschle (D-SD) responds to conservative radio host Rush Limbaugh’s accusations that Daschle and Congressional Democrats are guilty of treason by not supporting the Bush administration’s push for war with Iraq (see November 15, 2002). Daschle calls Limbaugh “and all of the Rush Limbaugh wannabees” of having “a shrill edge,” and says of his listeners: “They want to act because they get emotionally invested. And so, you know, the threats to us in public life go up dramatically (see October 5-November 21, 2001), and on our families and on us in a way that’s very disconcerting. You know, we see it in foreign countries. And we think, well my God, how can this religious fundamentalism become so violent? Well, it’s the same shrill rhetoric. It’s that same shrill power that motivates. They—you know, they—that somebody says something, and then it becomes a little more shrill the next time, and then more shrill the next time.” Some media observers, such as the Washington Post’s Howard Kurtz, later say that such responses from their political targets merely elevate figures such as Limbaugh in their listeners’ eyes. (Jamieson and Cappella 2008, pp. 157)

The CIA’s Deputy Director for Operations, James Pavitt, informs the agency’s inspector general, John Helgerson, that the CIA Counterterrorist Center has established a program to detain and interrogate terrorists at foreign sites. At the same time, Pavitt also informs Helgerson that he has just learned of an apparently controversial incident and sent a team to investigate it. It appears that the incident triggered the notification to the inspector general about the program. (Central Intelligence Agency 5/7/2004, pp. 1 pdf file) The incident is the killing of detainee Gul Rahman at the Salt Pit prison in Afghanistan (see After October 2001 and November 20, 2002). (Goldman and Gannon 3/28/2010) The detention and interrogation program has been in operation since March at the latest, as high-value detainee Abu Zubaida was arrested and then taken to a CIA black site at that time (see March 28, 2002 and April - June 2002). However, it is unclear whether Helgerson was aware of the program prior to being informed by Pavitt.

British Foreign Minister Jack Straw says that another UN resolution will be needed before taking military action against Iraq. Straw tells the BBC, “The most likely course of action, if military action is required—which it is not at the moment—is that we go to the Security Council, which is where there would be discussion. Our preference has always been for a further resolution for the Security Council, and that would then be put to the House of Commons for further endorsement, just as this original 1441 resolution (see November 8, 2002) is being put before the House for endorsement on Monday [November 25].” (BBC 11/22/2002)

The new commander at the Guantanamo detention facility, General Geoffrey Miller, receives a “voco”—a vocal command—to begin aggressively interrogating suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003). This is well before Defense Secretary Donald Rumsfeld gives written authorization for these techniques to be used (see November 27, 2002 and December 2, 2002), but after the request had been submitted for approval (see October 11, 2002). Considering Miller’s rank, it seems unlikely that anyone lower in the chain of command than Rumsfeld would have issued the order, and Rumsfeld is unlikely to make such a “voco” without the support of Pentagon general counsel William J. Haynes. The interrogation log of al-Khatani for November 23 indicates the immediate effect of the “voco”: “The detainee arrives at the interrogation booth. His hood is removed and he is bolted to the floor.” (Sands 5/2008)

Eighteen international arms monitors, including 12 inspectors from the UN Monitoring, Verification and Inspection Commission and 8 from the International Atomic Energy Agency in Vienna, arrive in Baghdad with their cargo of high-tech sensors, computers and other gear. (Sengupta 11/24/2002; Hanley 11/25/2002; Dao 11/25/2002)
Make-up of Inspection Team - The complete roster of UN inspectors expected to participate in the inspections includes some 300 chemists, biologists, missile and ordnance experts and other specialists of UNMOVIC, as well as a few dozen engineers and physicists from the IAEA. Hans Blix of UNMOVIC will head the effort to search for chemical and biological weapons and Jacques Baute of the UN’s International Atomic Energy Agency will lead the team seeking to determine if Iraq has reconstituted its nuclear weapons program. (Hanley 11/25/2002)
Purpose of Inspections - The stated purpose of the inspections, according to the UN resolution, is to bring “to full and verified completion the disarmament process established by resolution 687 (1991) and subsequent resolutions of the Council.” (United Nations 11/9/2002) However, since the passing of the resolution the Bush administration has maintained that the purpose of inspections is much broader. For instance, US Secretary of State Donald Rumsfeld will claim in January that inspectors are not to act as “discoverers” trying to locate things. Rather the purpose of the inspections, according to Rumsfeld, is to determine whether Iraq is cooperating. (BBC 1/22/2003)
Methods - The inspectors will “revisit the previously monitored sites to check if the equipment installed [by the previous weapons inspectors] is still functional,” explains a UN spokesperson. “It will take some time to do that work. We can’t rule out other activities, but it’s quite likely we will start with that.” Inspectors also says that they will not immediately conduct “intrusive” inspections into Iraq’s more sensitive areas. As an aide to Hans Blix explains to The Washington Post, “We’re not going to do in-your-face inspections. He [Blix] wants effective inspections. It’s not our job to provoke, harm or humiliate.” The inspections teams will also investigate new sites that the US and Britain allege are involved in the development of weapons of mass destruction. Inspectors will have the option to interview Iraqi scientists without the presence of Iraqi officials. The interviews may be conducted outside of Iraq. (Chandrasekaran 11/23/2002)

James T. Hill.James T. Hill. [Source: Defense Department]Department of Defense General Counsel William J. Haynes sends Defense Secretary Donald Rumsfeld an “action memo” to approve a set of interrogation tactics for use. The techniques are to be used at the discretion of General James T. Hill, commander of the US Southern Command, and are those previously classified in Categories I and II, and the “mild, non-injurious contact” techniques from Category III that were suggested by the Guantanamo legal staff (see October 25, 2002). The mildest techniques, Category I, can be used by interrogators at will and include yelling and mild forms of deception. Category II techniques are to be approved by an “interrogator group director,” and include the use of stress positions for up to four hours; use of falsified documents; isolation of a detainee for up to thirty days; sensory deprivation and hooding; twenty-hour interrogations; removal of hygiene and religious items; enforced removal of clothing (stripping); forced grooming, including the shaving of beards; and playing on detainees’ phobias, such as a fear of dogs, to induce stress and break resistance. With regard to the remaining harsh techniques in Category III—physical contact, death threats, and use of wet towels (waterboarding)—Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our armed forces are trained to a standard of interrogation that reflects a tradition of restraint.” (Human Rights Watch 8/19/2004) Rumsfeld will sign the so-called “Haynes Memo” (see December 2, 2002), and add the following handwritten comment: “I stand for 8-10 hours a day. Why is standing limited to 4 hours?” (Sands 5/2008)

The Pentagon informs the FBI that it will again take over interrogations of Guantanamo detainee Mohamed al-Khatani, believing that the use of aggressive techniques, which are about to be authorized by Defense Secretary Donald Rumsfeld (see November 27, 2002), will be more successful. (Golden and van Natal 6/21/2004) However, the first tactic used against al-Khatani is a subtle one. According to the detention logs of al-Khatani, or “Detainee 063,” his interrogators suggest that he has been spared by Allah to reveal the true meaning of the Koran and to help bring down Osama bin Laden. During a routine medical check, a sergeant whispers to al-Khatani: “What is God telling you right now? Your 19 friends died in a fireball and you weren’t with them. Was that God’s choice? Is it God’s will that you stay alive to tell us about his message?” Al-Khatani reacts violently to the exhortation, throwing his head back and butting the sergeant in the eye. Two MPs wrestle him to the ground, and as al-Khatani thrashes and tries to spit on the sergeant, he crouches down next to the prisoner and says: “Go ahead and spit on me. It won’t change anything. You’re still here. I’m still talking to you and you won’t leave until you’ve given God’s message.” (Zagorin and Duffy 6/12/2005)

Former Vice President Al Gore calls Fox News a virtual arm of the Republican Party. “Something will start at the Republican National Committee, inside the building, and it will explode the next day on the right-wing talk show network and on Fox News and in the newspapers that play this game,” Gore says. “And pretty soon they’ll start baiting the mainstream media for allegedly ignoring the story they’ve pushed into the zeitgeist” (see October 13, 2009). (Auletta 5/26/2003)

Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?”Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Source: HBO]Defense Secretary Donald Rumsfeld approves General Counsel William J. Haynes’ recommendations for interrogations methods (see November 27, 2002) and signs the action memo. (Lindlaw 6/23/2004) He adds in handwriting: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” In signing the memo, Rumsfeld adds for use at Guantanamo Bay 16 more aggressive interrogation procedures to the 17 methods that have long been approved as part of standard US military practice. (Jehl 8/25/2004) The additional methods, like interrogation sessions of up to 20 hours at a time and the enforced shaving of heads and beards, are otherwise prohibited under US military doctrine. (MSNBC 6/23/2004)

Iraq reiterates its claim that it has no weapons of mass destruction in the country, foreshadowing the content of its formal declaration, which is due in five days. Responding to the statement, US Secretary of Defense Donald Rumsfeld says, “Any country on the face of the earth with an active intelligence program knows that Iraq has weapons of mass destruction.” And President Bush says, “He [Saddam Hussein] says he won’t have weapons of mass destruction; he’s got them.” (BBC 12/4/2002)

During a question and answer period following President Bush’s signing of the Dot Kids Implementation and Efficiency Act of 2002, the president is asked about the weapon inspectors’ progress in Iraq and if he believes “the signs are not encouraging that they’re doing their job.” Bush responds: “This isn’t about inspectors. The issue is whether Saddam Hussein will disarm. Will he disarm in the name of peace.” He also condemns Iraq’s shooting of US and British planes that have been patrolling the so-called “no-fly” zones over northern and southern Iraq (see June 2002-March 2003) and contends that these actions demonstrate that Saddam does not intend to comply with UN Resolution 1441 (see November 8, 2002). Bush also implies that no decision has been made to use military force against Iraq. “The best way for peace is for Mr. Saddam Hussein to disarm,” he insists. “It’s up to him to make his decision.” (US President 12/9/2002)

Saddam Hussein announces that he will continue to permit intrusive inspections. Two days before, inspectors had arrived unannounced at Saddam’s Sajoud palace and were given unfettered access to the site. Saddam says he hopes such visits will disprove US allegations that Iraq has weapons of mass destruction. (Chandrasekaran 12/6/2002)

UNMOVIC weapons inspection leader Hans Blix calls on the US to share its secret intelligence with inspectors. “Of course we would like to have as much information from any member state as to evidence they may have on weapons of mass destruction, and, in particular, sites,” he says. “Because we are inspectors, we can go to sites. They may be listening to what’s going on and they may have lots of other sources of information. But we can go to the sites legitimately and legally.” The New York Times notes: “On one hand, administration officials are pressing him to work faster and send out more inspectors to more places to undermine Baghdad’s ability to conceal any hidden programs. At the same time, Washington has been holding back its intelligence, waiting to see what Iraq will say in its declaration.” (Preston 12/7/2002)

Disagreeing with statements made by US officials, Russia’s Foreign Ministry says, “Iraq’s timely submission of its declaration, parallel to its continued cooperation with the international weapons inspectors, confirms its commitment to act in compliance with Resolution 1441 (see November 8, 2002).” (Adams 12/8/2002)

An Army memorandum released to the American Civil Liberties Union (ACLU) in 2006 (see January 12, 2006) will refer to the “SERE INTERROGATION SOP” (standard operating procedure) for Guantanamo. SERE refers to “Survival, Evasion, Resistance, and Escape,” a classified military program originally designed to teach US soldiers how to resist torture, and subsequently “reverse-engineered” for use in subjecting US prisoners to harsh interrogation and torture (see December 2001, January 2002 and After, and July 2002). The memo, which is heavily redacted, shows that torture techniques used in SERE training may have been authorized in a memo to military personnel at Guantanamo. (American Civil Liberties Union 1/12/2006)

Bruce Ivins working as a Red Cross volunteer in 2003.Bruce Ivins working as a Red Cross volunteer in 2003. [Source: Associated Press]During a several day search of a pond near Frederick, Maryland, by FBI investigators for clues to the anthrax attacks (see October 5-November 21, 2001), Scientist Bruce Ivins is there with the investigators, working as a Red Cross volunteer. Ivins will commit suicide in 2008 after coming under scrutiny as the FBI’s main suspect in the anthrax attacks (see July 29, 2008). The pond search is highly publicized at the time, and is an unsuccessful effort to find evidence connecting the attacks to Steven Hatfill, the FBI’s main suspect at the time (see December 12-17, 2002). The pond is near USAMRIID, the US Army’s top bioweapons laboratory where Ivins works and Hatfill used to work. As a Red Cross volunteer, Ivins serves coffee, donuts, and snacks to FBI agents and other investigators in a military tent. He is eventually removed after officials realize he is an anthrax researcher who could compromise the investigation. Apparently, Ivins is a regular Red Cross volunteer at the time. Miriam Fleming, another Red Cross volunteer working at the pond search, will later recall that Ivins “was kind of goofy, but he was always in a good mood. He seemed so normal.” (Swarns and Lipton 8/7/2008)

David Brant, the head of the Naval Criminal Investigative Service (NCIS), learns of the horrific abuse of a Saudi detainee, Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008), currently detained at Guantanamo Bay. Al-Khatani is one of several terror suspects dubbed the “missing 20th hijacker”; according to the FBI, al-Khatani was supposed to be on board the hijacked aircraft that crashed in a Pennsylvania field on 9/11 (see (10:06 a.m.) September 11, 2001). Al-Khatani was apprehended in Afghanistan a few months after the terrorist attacks. He is one of the examples of prisoner abuse (see August 8, 2002-January 15, 2003) that Brant takes to Naval General Counsel Alberto Mora (see December 17-18, 2002). In 2006, Brant will say that he believes the Army’s interrogation of al-Khatani was unlawful. If any NCIS agent had engaged in such abuse, he will say, “we would have relieved, removed, and taken internal disciplinary action against the individual—let alone whether outside charges would have been brought.” Brant fears that such extreme methods will taint the cases to be brought against the detainees and undermine any efforts to prosecute them in military or civilian courts. Confessions elicited by such tactics are unreliable. And, Brant will say, “it just ain’t right.” (Mayer 2/27/2006)

Naval General Counsel Alberto Mora, concerned about information he has learned about detainee abuse at Guantanamo (see December 17-18, 2002), calls his friend Steven Morello, the Army’s general counsel, and asks if he knows anything about the subject. Morello replies: “I know a lot about it. Come on down.”
'The Package' - In Morello’s office, Mora views what he calls “the package”—a collection of secret military documents that outline the origins of the coercive interrogation policies at Guantanamo. It begins with a request to use more aggressive interrogation tactics at Guantanamo (see October 11, 2002). Weeks later, the new head of the detention facility, Major General Geoffrey Miller, pushes senior Pentagon officials for more leeway in interrogations. On December 2, Defense Secretary Donald Rumsfeld gave his approval for the use of several more intensive interrogation tactics, including the use of “hooding,” “exploitation of phobias,” “stress positions,” “deprivation of light and auditory stimuli,” and other coercive methods forbidden from use by the Army Field Manual (see December 2, 2002). Rumsfeld does withhold his approval on the use of some methods such as waterboarding.
'Ashen-faced' - Morello tells Mora, “we tried to stop it,” but was told not to ask questions. A participant in the meeting recalls that Mora was “ashen-faced” when he read the package. According to Mora’s memo, Morello, “with a furtive air,” says: “Look at this. Don’t tell anyone where you got it.” Mora later says, “I was astounded that the secretary of defense would get within 100 miles of this issue.” (Morello will later deny showing Mora a copy of the memo.) Mora is similarly unimpressed by another document in the package, a legal analysis by Army lawyer Diane Beaver (see October 11, 2002), which he says will lead to the use of illegal torture by interrogators.
'Force Drift' - Naval Criminal Investigative Service (NCIS) psychologist Michael Gelles (see Early December, 2002) joins the meeting, and tells Mora that the Guantanamo interrogators are under intense pressure to achieve results. He tells Mora about the phenomenon of “force drift,” where interrogators using coercion begin to believe that if some force achieves results, then more force achieves better results. Mora determines to take action to bring the abuse to a close (see December 20, 2002). (Mayer 2/27/2006; Sands 5/2008)

Secretary of State Colin Powell and US ambassador to the UN John Negroponte say that the Bush administration considers Iraq to be in “material breach” of UN Resolution 1441 (see November 8, 2002), citing deliberate omissions and falsehoods in Iraq’s 12,000 page December 7 declaration (see December 7, 2002). Powell calls the declaration “a catalog of recycled information and flagrant omissions,” adding that it “totally fails to meet the resolution’s requirements.” He says the omissions “constitute another material breach.” (Associated Press 12/19/2002; Gedda 12/19/2002; O'Clery 12/19/2002; Pincus and DeYoung 12/19/2002) But the administration’s conclusion is made before the Arabic sections of the declaration have even been translated. Blix says that there are 500 or 600 pages that still need to be translated and that it is too early to provide a complete assessment. He adds that the Bush administration’s statements about a “material breach” are baseless allegations. (CNN 12/19/2002; Pisik 12/20/2002)

Alberto Mora, the Navy’s general counsel, has learned that possibly illegal interrogation techniques are being used against Guantanamo Bay detainees (see December 17-18, 2002). After getting the authorization of Gordon England, the secretary of the Navy, Mora meets with the Pentagon’s general counsel, William J. Haynes, in Haynes’s Pentagon office.
Meeting with Pentagon Counsel - In 2006, Mora will recall telling Haynes in the meeting that whatever its intent, Defense Secretary Donald Rumsfeld’s decision to allow extreme interrogation techniques (see December 2, 2002) is “torture.” Haynes replies, “No, it isn’t.” Mora asks Haynes to reconsider his opinions. For example, what does “deprivation of light and auditory stimuli” mean? Detention in a completely dark cell? For how long? Until he goes blind? And what does the phrase “exploitation of phobias” entail? Could it mean holding a detainee in a coffin? Threatening him with dogs, or rats? Can an interrogator drive a detainee insane? Mora notes that at the bottom of Rumsfeld’s memo, he asks why a detainee can be forced to stand for no longer than four hours a day when he himself often stands “for 8-10 hours a day.” While Rumsfeld may have intended to be humorous, Mora notes that Rumsfeld’s comment could be used as a defense argument in future terrorist trials. (In 2006, Lawrence Wilkerson will say of Rumsfeld’s comment: “It said, ‘Carte blanche, guys.’ That’s what started them down the slope. You’ll have My Lais then. Once you pull this thread, the whole fabric unravels.”) Mora leaves the office hoping that Haynes will come around to his point of view and convince Rumsfeld to withdraw the memo. He will be sharply disappointed (see July 7, 2004). (Mayer 2/27/2006) He later calls the interrogation practices “unlawful and unworthy of the military services.” (Savage 2007, pp. 179)
Haynes Close to Cheney's Office - Mora may not be aware that in meeting with Haynes, he is also in effect engaging the office of Vice President Dick Cheney. Haynes is a protege of Cheney’s neoconservative chief of staff, David Addington. Haynes worked as Addington’s special assistant when Addington served under then-Defense Secretary Cheney in 1989, and Addington promoted Haynes to the office of general counsel of the Army. When George W. Bush took office in 2001, Haynes was awarded the position of the Pentagon’s general counsel. Addington has played key roles in almost all of the administration’s legal arguments in favor of extreme interrogation techniques and detainee policies. One former government lawyer will describe Addington as “the Octopus” because his hands seem to reach into every legal issue. Many of Haynes’s colleagues know that information moves rapidly between Haynes’s and Cheney’s offices. While not a hardline neoconservative like Addington and many other Cheney staffers, Haynes is, as one former Pentagon colleague will call him, “pliant” to serving the agenda of the vice president. (Mayer 2/27/2006)

Iraq provides the United Nations with the names of more than 400 scientists who are involved in Iraq’s weapons programs. One of the provisions of UN Security Council Resolution 1441 is that Iraq must supply the names of all of its weapons experts (see November 8, 2002). (BBC 12/28/2002; Agence France-Presse 12/29/2002)

Posse Comitatus and Aryan Nations leader James Wickstrom (see 1969 and 1984) rails against slain civil rights leader Dr. Martin Luther King Jr. at a white separatist “skinhead” gathering, saying: “I have a dream! If that g_ddamn n_gger can have a dream, I can have a dream, too. I have a dream that in the days to come there won’t be anyone who isn’t white that’s gonna be in America!” (Southern Poverty Law Center 2010)

The CIA’s Office of Inspector General begins an investigation of the agency’s torture and interrogation practices. The investigation is spurred by three stimuli: notification of a controversial incident in November 2002 (see Shortly After November 20, 2002); concerns over the interrogation of high-value detainee Abd al-Rahim al-Nashiri (see January 2003); and other concerns about human rights abuses at a black site (see (January 2003)). The investigation will cover the period between September 2001 and mid-October 2003. (Central Intelligence Agency 5/7/2004, pp. 2 pdf file) The inspector general, John Helgerson, will issue his office’s final, classified report on the investigation in May 2004 (see May 7, 2004).

An official with the International Atomic Energy Agency (IAEA) asks the US for information it has that can verify the claims of Iraqi attempts to buy Nigerien uranium (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). (Grier 11/15/2005)

UNMOVIC inspectors say they have yet to uncover evidence indicating that Iraq has resumed its production of weapons of mass destruction. After providing the UN Security Council with a summary of the inspectors’ findings, Hans Blix tells reporters in New York, “We have now been there for some two months and been covering the country in ever wider sweeps and we haven’t found any smoking guns.” (Burkeman 1/10/2003) But Ari Fleischer, the White House press secretary, insists that the absence of evidence is of little concern, asserting, “The problem with guns that are hidden is you can’t see their smoke. We know for a fact that there are weapons there.” (Burkeman 1/10/2003) When asked how he knows this, Fleischer quotes from the UN weapons inspectors’ report and notes, “So while they’ve [UN Inspectors] said that there’s no smoking gun, they said the absence of it is not assured. And that’s the heart of the problem. The heart of the problem is Iraq is very good at hiding things.” (White House 1/9/2003) John Negroponte, the US ambassador to the UN, accuses Iraq of “legalistic” cooperation, claiming that it needs to act proactively. He also says, “There is still no evidence that Iraq has fundamentally changed its approach from one of deceit to a genuine attempt to be forthcoming.” (Burkeman 1/10/2003) Colin Powell also seems undaunted by Blix’s remarks. “The lack of a smoking gun does not mean that there’s not one there,” he says, “If the international community sees that Saddam Hussein is not cooperating in a way that would not allow you to determine the truth of the matter, then he is in violation of the UN resolution [1441] (see November 8, 2002)…You don’t really have to have a smoking gun.” (News24 1/10/2003) Sir Jeremy Greenstock, the British ambassador to the UN, echoes views from Washington, asserting that the “passive cooperation of Iraq has been good in terms of access and other procedural issues,” and adds, “But proactive cooperation has not been forthcoming—the kind of cooperation needed to clear up the remaining questions in the inspectors’ minds.” (Burkeman 1/10/2003)

On January 9, 2003, the International Atomic Energy Agency (IAEA) publishes preliminary results of the UN’s renewed weapons inspections in Iraq, and finds no evidence at all that Iraq has resumed its nuclear weapons program. It also finds no evidence that Iraq has used aluminum tubes to generate nuclear material (see January 9, 2003). In 2004, the New York Review of Books will comment: “Given the importance the [Bush] administration had attached to this matter, this would have seemed news of the utmost significance. Yet it was largely ignored. The [New York] Times, which had so prominently displayed its initial story about the aluminum tubes, buried its main article about [it] on page A10.” At the time, the Bush administration is arguing that the UN inspections are meaningless (see January 9, 2003). IAEA spokesperson Mark Gwozdecky will later say: “Nobody wanted to challenge the president. Nobody wanted to believe inspections had anything of value to bring to the table. The press bought into that.” (Massing 2/26/2004)

A Special Mission Unit (SMU) Task Force lawyer in Afghanistan (see Early 2002) writes in a classified legal review that Defense Secretary Donald Rumsfeld’s authorization of harsh interrogation methods (see December 2, 2002) “provides us the most persuasive argument for use of ‘advanced techniques’ as we capture possible [high value targets]… the fact that SECDEF [Rumsfeld] approved the use of the… techniques at GTMO [Guantanamo], [which is] subject to the same laws, provides an analogy and basis for use of these techniques [in accordance with] international and US law.” (Levin 4/21/2009)

Pentagon General Counsel William J. Haynes reportedly meets with Defense Secretary Donald Rumsfeld to discuss concerns over the use of interrogation techniques at Guantanamo that were approved by Rumsfeld in December (see December 2, 2002). Rumsfeld, according to Dell’Orto, calls Gen. James T. Hill and suspends the use of the category two and the single category three technique. (Washington File 6/23/2004)

The anti-abortion organization Operation Rescue releases a statement from its director, the Reverend Philip “Flip” Benham, criticizing a rally held in Buffalo, New York, to memorialize James Kopp, the confessed murderer of abortion provider Dr. Barnett Slepian (see October 23, 1998 and November 21, 2002). Benham accuses pro-choice advocates of participating in the “murder” of “over 45 million children killed by ‘legalized’ abortion,” and says: “Those who advocate murdering abortionists are going to be given a national platform from which to spew their vitriolic poison. How sad!” Benham denies that Operation Rescue has ever advocated or supported violence against abortion providers (see August 1988, January 7, 1998, and April 20, 1998), adding that his organization has “totally debunked” the idea that “murdering abortionists is somehow justifiable biblically,” and blames “the media” for propagating “this poisonous lie” that anti-abortion advocates espouse violence in order to “divert our attention from the true holocaust savaging our nation, and paint every Christian who lives out his faith at an abortion mill as a wild-eyed lunatic, bent on doing violence.” (Operation Save America 1/13/2003)

A disagreement arises among UN Security Council members over the weapons inspections schedule. UN Resolution 1441 (see November 8, 2002) specifies that after 60 days, the inspectors must report to the Council on the progress of inspections. But the resolution provides no instructions for how the inspections are to proceed after this date. The resolution also fails to explain what is to happen if no weapons of mass destruction are found. Hans Blix believes that after the 60 day report—due January 27—his team should revert to the terms contained within 1999 UN Resolution 1284. According to the provisions of this agreement, an additional report would be due in late March, which would contain a list of disarmament requirements that Iraq would have to satisfy prior to the lifting of sanctions. (United Nations 12/17/1999; Lynch and Allard 1/16/2003; Leopold 1/16/2003; Lynch 1/16/2003; Preston 1/16/2003) “The 1999 resolution spells out steps, which, in theory, could lead to a suspension of sanctions as early as July,” reports Reuters. (Leopold 1/16/2003) Bush administration officials strongly disagree with Hans Blix’s approach, fearing that it would subvert US plans to provoke a military confrontation with Iraq. The Washington Post reports, “[Blix’s] plan risks undermining the administration’s strategy to ratchet up the pressure for a decision on whether to go to war later this month and it raises the prospect that Security Council members, including some US allies, would use it as an excuse to put off a decision until March, at the earliest.” Other countries—including France, Britain, Russia, France, China and Syria—see no problem with the timetable being advocated by Hans Blix. “The Council’s resolutions shouldn’t be flouted, they should be respected,” says Fayssal Mekdad, Syria’s deputy UN ambassador. (Lynch 1/16/2003)

In a memo to General Counsel William J. Haynes, Defense Secretary Donald Rumsfeld, without an explanation, rescinds his authorization for the majority of the interrogation methods he approved in December (see December 2, 2002). The remaining methods can only be used with his express approval and on an individual basis. (Jehl 8/25/2004) He also forms a panel of top Defense Department officials, known as the General Counsel Interrogation Working Group, “to assess the legal, policy, and operational issues relating to the interrogations of detainees held by the US Armed Forces in the war on terrorism.” This should ultimately result in the development of proper interrogation techniques. (MSNBC 6/23/2004) The working group will consist of people working in the offices of Haynes, Douglas Feith, the military departments, and the Joint Staff. Haynes will be the panel’s chairman. (US Department of Defense 8/23/2004 pdf file)

Conducting its first raid of a private home, that of Faleh Hassan, a specialist in laser equipment who was once associated with Iraq’s nuclear program, UN inspectors discover 3,000 documents containing information that some initial reports say is related to Iraq’s former nuclear weapons program. (Coughlin 1/18/2003; Jahn 1/18/2003; BBC 1/19/2003; Observer 1/20/2003; ElBaradei 1/27/2003; Gordon and Risen 1/28/2003) Mohamed ElBaradei, director-general of the International Atomic Energy Agency (IAEA), is bothered by the discovery, saying, “We haven’t received these original documents before and that’s precisely the point we have been emphasizing, Iraq should be pro-active. We shouldn’t have to find these on our own. Why should these documents be in a private home? Why are they not giving them to us?” (Fisher 1/20/2003; Agence France-Presse 1/20/2003) But Hassan denies that the documents are related to Iraq’s former nuclear weapons program. He later explains to reporters: “The inspectors put their hands on personal documents which have nothing to do with the former [nuclear] program. We did research on laser isotopic separation, and in 1988 we reached the conclusion that this technology was very difficult given our infrastructure, so the decision was taken to abandon that approach.” He adds that he is ready to go through the documents with ElBaradei, “page by page, line by line and even word by word to prove that everything they found is in alignment with what we declared in 1991.” (Associated Press 1/18/2003; BBC 1/19/2003) After the discovery of the documents, Hassan accompanies inspectors to a field where they inspect what appears to be a man-made mound. The field is part of a farm Hassan sold in 1996. While at the farm, a female American inspector offers to arrange a trip outside of Iraq for him and his wife, so his wife can undergo treatment for kidney stones, diabetes and high blood pressure. The Iraqi scientist is angered by the offer and later refers to the woman’s tactics as “mafia-like behavior.” Recalling the incident he will also tell reporters, “We would rather live as beggars in our country than live as kings abroad,” also saying, “Never, never will I leave my country.” (Associated Press 1/18/2003; BBC 1/18/2003; Observer 1/20/2003) Hassan then goes with inspectors to a hotel in Baghdad where he spends most of the night arguing over whether he will be permitted to keep copies of the documents. (Observer 1/20/2003) Three weeks later in the inspectors’ February 14 update to the UN Security Council (see February 14, 2003), ElBaradei will say: “While the documents have provided some additional details about Iraq’s laser enrichment development efforts, they refer to activities or sites already known to the IAEA and appear to be the personal files of the scientist in whose home they were found. Nothing contained in the documents alters the conclusions previously drawn by the IAEA concerning the extent of Iraq’s laser enrichment program.” (Steele 2/15/2003; BBC 2/17/2003)

Citing inspectors’ discovery of 12 empty “warheads” (see January 16, 2003) and documents related to a failed nuclear program’s attempt at laser enrichment of uranium (see Afternoon October 7, 2002), critics of the Bush administration’s planned invasion argue that the inspections are working and that they should continue under the terms of 1999 UN Resolution 1284. They contend that if Iraq still possesses illegal weapons that it can be peacefully and effectively disarmed by the inspections process, thus making the argument for war moot. But the Bush administration argues instead that the inspection process has demonstrated that Saddam Hussein is not willing to disarm. This debate occurs as weapons inspectors are preparing their January 27 (see January 27, 2003) update on inspections, as required by UN Resolution 1441 (see November 8, 2002). Washington is hoping that the report will demonstrate that Iraq is not cooperating, so that they can use it to justify using military force against Iraq. (Associated Press 1/15/2003; Bumiller 1/17/2003; DeYoung 1/19/2003; Weisman 1/20/2003) The New York Times reports that according to unnamed US officials, “[I]n spite of the wish by Mr. Blix and Dr. Mohamed ElBaradei, the chief inspector for nuclear weapons and the head of the International Atomic Energy Agency, to continue the inspections process, the United States would move quickly to force an early conclusion by the Security Council.” (Weisman 1/19/2003)

Robert Bartley.Robert Bartley. [Source: Slate]The Wall Street Journal’s editorial page editor emeritus, Robert Bartley, acknowledges that Fox News’s slogan, “We report, you decide,” is a “pretense.” Bartley, a staunch conservative, writes: “Even more importantly, the amazing success of Roger Ailes at Fox News (see October 7, 1996) has provided a meaningful alternative to the Left-establishment slant of the major networks.… His news is no more tilted to the right than theirs has been on the left, and there’s no reason for him to drop his ‘we report, you decide’ pretense until they drop theirs” (see October 13, 2009). (Jamieson and Cappella 2008, pp. 49) In May 2003, ABC News president David Westin will say: “I like ‘We report. You decide.’ It’s a wonderful slogan. Too often, I don’t think that’s what’s going on at Fox. Too often, they step over the line and try and help people decide what is right and wrong.” Fox News pundit and host Bill O’Reilly will agree. Asked whether a more accurate tag line for Fox might be “We report. We decide,” he will reply, “Well, you’re probably right.” Todd Gitlin of the Columbia Journalism School will add: “I find it hard to believe many Fox viewers believe Bill O’Reilly is a ‘no-spin zone,’ or ‘We report. You decide.’ It’s a joke. In Washington it reinforces the impression of ‘we happy few who are members of the club.’ It emboldens the right wing to feel justified and confident they can promote their policies.” (Auletta 5/26/2003)

Sometime after Joe Turner’s presentation to IAEA scientists, US analysts collect and photograph tubes in Iraq that are “virtually identical” to the Medusa tubes made in Italy. The tubes even have a stamped logo of the rocket’s Italian manufacturer and the words, “81mm rocket.” This is reported by the Washington Post on January 24: “The quantity and specifications of the tubes—narrow, silver cylinders measuring 81 millimeters in diameter and about a meter in length—made them ill-suited to enrich uranium without extensive modification, the experts said. But they are a perfect fit for a well-documented 81mm conventional rocket program in place for two decades. Iraq imported the same aluminum tubes for rockets in the 1980s. The new tubes it tried to purchase actually bear an inscription that includes the word ‘rocket,’ according to one official who examined them.” (Richburg 1/24/2003; Gellman and Pincus 8/10/2003 Sources: Unnamed US intelligence, US administration, and/or UN inspectors)

The Navy’s general counsel, Alberto Mora, is shocked when he reads a legal opinion drafted by John Yoo, of the Justice Department’s Office of Legal Counsel, about techniques that can be used in prisoner interrogations (see January 9, 2002). Mora has been fighting the use of questionable techniques and was part of a working group that was reviewing them (see January 15-22, 2003). The opinion was sought by Pentagon general counsel William J. Haynes and not only counters every legal and moral argument Mora has brought to bear, but supersedes the working group. Only one copy of the opinion exists, kept in the office of the Air Force’s general counsel, Mary Walker, the head of the working group.
'Catastrophically Poor Legal Reasoning' - Mora reads it in Walker’s office with mounting horror. The opinion says nothing about prohibiting cruel, degrading, and inhuman treatment of detainees; in fact, it defends such tactics. While sophisticated, it displays “catastrophically poor legal reasoning,” he will later recall. Mora believes that it approaches the level of the notorious Supreme Court decision in Korematsu v. United States, the 1944 decision that upheld the government’s detention of innocent Japanese-Americans during World War II. Mora is not aware that Yoo, like Haynes, is a member of an informal but extremely powerful “inner circle” dominated by David Addington, the chief of staff for Vice President Cheney. In fact, Yoo and Haynes are regular racquetball partners. Like Addington and Cheney, Yoo believes in virtually unrestricted executive powers during a time of war. Yoo wrote that almost any interrogation methods used against terror suspects is legally permissible, an argument that shocks Mora.
Mora's Response - In his June 2004 memo on the subject (see July 7, 2004), Mora will write, “The memo espoused an extreme and virtually unlimited theory of the extent of the President’s Commander-in-Chief authority.” Yoo’s reasoning is “profoundly in error,” Mora concludes, and is “clearly at variance with applicable law.” In 2006, Mora will add, “If everything is permissible, and almost nothing is prohibited, it makes a mockery of the law.” He writes to Walker shortly thereafter, saying that not only is Yoo’s opinion “fundamentally in error” but “dangerous,” because it has the weight of law and can only be reversed by the Attorney General or the President. Walker writes back that she disagrees, and she believes Haynes does as well. Two weeks later, Mora will discuss the memo with Yoo (see February 6, 2003). (Mayer 2/27/2006)

The US military command in Afghanistan, Combined Joint Task Force (CJTF) 180, issues a memo on interrogation techniques, which includes nudity on the list of effective interrogation methods, despite this tactic being presumably barred by Defense Secretary Rumsfeld on January 15 (see January 15, 2003) for use at Guantanamo and in Afghanistan. According to Maj. Gen. George R. Fay, who will write a detailed report on detention operations (see August 25, 2004), the document “highlighted that deprivation of clothing had not historically been included in battlefield interrogations.” However he will add, “It went on to recommend clothing removal as an effective technique that could potentially raise objections as being degrading or inhumane, but for which no specific written legal prohibition existed.” (US Department of Defense 8/23/2004 pdf file) The document also speaks of exploiting the Arab fear of dogs. (US Department of Defense 8/23/2004 pdf file) Rumsfeld also banned the use of dogs for interrogation purposes in his January 15 order (see January 15, 2003).

Cheney’s chief of staff, I. Lewis Libby, presents the latest draft of a paper that is meant to serve as a rebuttal to Iraq’s December 7 declaration (see February 5, 2003) to Condoleezza Rice, Stephen Hadley, Paul Wolfowitz, Karl Rove, Richard Armitage, Michael Gerson, and Karen Hughes. The paper, written with the help of John Hannah, is supposed to serve as the basis for the speech Secretary of State Colin Powell will deliver to the UN Security Council on February 5 (see February 5, 2003). In his presentation, Libby says that intercepts and human intelligence reports indicate that Saddam Hussein has been attempting to conceal items. He doesn’t know what items are being hidden by the Iraqis, but he says it must be weapons of mass destruction. He also claims that Iraq has extensive ties to al-Qaeda, and cites the alleged meeting between Mohamed Atta and an Iraqi Intelligence agent (see April 8, 2001) as one example. While Armitage is disappointed with Libby’s presentation, Wolfowitz and Rove seem impressed. Karen Hughes warns Libby not to stretch the facts. (Bamford 2004, pp. 368; Isikoff and Corn 2006, pp. 175)

Al-Zarqawi’s injury report after his death in 2006. He has both legs but there is a recent fracture in one leg.Al-Zarqawi’s injury report after his death in 2006. He has both legs but there is a recent fracture in one leg. [Source: Ali Haider / EPA / Corbis]On January 26, 2003, Newsweek reports that in 2002, Islamist militant leader Abu Musab al-Zarqawi “supposedly went to Baghdad, where doctors amputated his leg (injured in Afghan fighting) and replaced it with a prosthesis.” Newsweek also claims that al-Zarqawi “is supposed to be one of al-Qaeda’s top experts on chemical and biological weapons” and that he also met with “Hezbollah militants” and “Iranian secret agents.” This new account builds on previous reports claiming that al-Zarqawi was in Baghdad for some unspecified medical treatment (see October 2, 2002). The article does note, “Not surprisingly, reports putting al-Zarqawi in Iraq piqued the interest of Pentagon hard-liners eager to find evidence to support their suspicion that Saddam [Hussein] and bin Laden are allied and may have plotted 9/11 together. But neither the CIA nor Britain’s legendary MI6 put much stock in al-Zarqawi’s alleged Iraqi visits, stressing such reports are ‘unconfirmed.’” (Hosenball 1/26/2003) Despite these caveats, it soon will be widely reported that al-Zarqawi had a leg amputated in Baghdad, with at least the tacit knowledge of the Iraqi government. For instance, several days later, USA Today reports, “To those who operate with and against the shadowy al-Zarqawi, including the Kurds of northern Iraq, he is called ‘the man with the limp.’ That is a reference to a poorly fitting artificial limb that replaced a leg amputated in Baghdad last August.” (Squitieri 2/5/2003) And Secretary of State Colin Powell will claim in his February 5, 2003 presentation to the United Nations that al-Zarqawi went to Baghdad in May 2002 for medical treatment and stayed two months (see February 5, 2003). But in October 2004, Knight Ridder will report, based on a new CIA report (see October 4, 2004), “Al-Zarqawi originally was reported to have had a leg amputated, a claim that officials now acknowledge was incorrect.” (Strobel, Landay, and Walcott 10/4/2004) In early 2006, al-Zarqawi will be seen walking in a videotape, clearly in possession of both his legs. And when he is killed later that year, x-rays of his dead body will show a fracture of his right lower leg, but apparently that was caused by the blast that killed him. (Weaver 6/8/2006; Associated Press 6/13/2006)

UNMOVIC Chief Weapons Inspector Hans Blix and IAEA Chief Weapons Inspector Mohamed ElBaradei present their long anticipated reports on the progress of weapons inspections to the UN Security Council. Blix’s assessment is notably more critical than the IAEA report by Mohamed ElBaradei. Blix tells the UN Security Council that while the Iraqi government has passively cooperated with the weapons inspectors, it could do more. “Unlike South Africa, which decided on its own to eliminate its nuclear weapons and welcomed inspection as a means of creating confidence in its disarmament, Iraq appears not to have come to a genuine acceptance—not even today—of the disarmament, which was demanded of it and which it needs to carry out to win the confidence of the world and to live in peace.” Additionally, Blix reports that it is still too early to determine whether or not Iraq has or is developing weapons of mass destruction, noting that Iraq has still not answered several questions concerning unaccounted for weapons. (United Nations 1/27/2003; Preston 1/27/2003; DeYoung and Lynch 1/28/2003; Bone 1/28/2003; Gordon and Risen 1/28/2003)
Hans Blix's report -
bullet Iraq has refused to permit overflights by American U2 surveillance planes. Iraq said that it would allow the overflights only if the UN promised to demand an end to the almost daily bombings by US and British war planes in the so-called “no-fly” zones. Iraq worries that if fighter jets and U2 planes are flying over Iraq at the same time, Iraq might inadvertently shoot at the surveillance planes, thinking they are fighter jets. (United Nations 1/27/2003)
bullet Iraq has not provided an adequate declaration of its prior production of nerve agent VX. (United Nations 1/27/2003)
bullet Inspectors have found a “laboratory quantity” of thiodiglycol, a precursor of mustard gas. (United Nations 1/27/2003)
bullet 1,000 tons of chemical agents from the Iraq-Iran War remain unaccounted for. (United Nations 1/27/2003)
bullet 6,500 missing chemical rockets remain unaccounted for. (United Nations 1/27/2003)
bullet Iraq has not provided evidence to substantiate its claim that it destroyed 8,500 liters of anthrax (United Nations 1/27/2003)
bullet 650kg of bacterial growth media remain unaccounted for. (United Nations 1/27/2003)
bullet Iraq has been developing Al Samoud 2 and Al Fatah missiles with a range beyond the 150km limit. (United Nations 1/27/2003)
bullet 380 rocket engines were smuggled into Iraq the previous month with chemicals used for missile propellants and control systems. (United Nations 1/27/2003)
bullet Iraq had provided the names of only 400 of the estimated 3,500 Iraqi scientists. (United Nations 1/27/2003) Iraqi scientists are refusing private interviews with UN inspectors. (United Nations 1/27/2003)
ElBaradei's report to the UN -
bullet The International Atomic Energy Agency’s inspection team has failed to uncover any evidence implicating Saddam’s regime in the development of nuclear weapons. He tells the Council: “We have to date found no evidence that Iraq has revived its nuclear weapon program since the elimination of the program in the 1990’s.… No prohibited nuclear activities have been identified during these inspections.” (United Nations 1/27/2003 pdf file)
bullet The International Atomic Energy Agency’s inspection team is close to completing weapons inspections in Iraq. He says: “We should be able within the next few months to provide credible assurance that Iraq has no nuclear weapons program. These few months would be a valuable investment in peace because they could help us avoid war.” He adds: “[T]he presence of international inspectors in Iraq today continues to serve as an effective deterrent to and insurance against the resumption” of secret weapons programs. (United Nations 1/27/2003 pdf file)
bullet The aluminum tubes that Iraq attempted to import were not related to uranium enrichment. ElBaradei states: “IAEA inspectors have inspected the relevant rocket production and storage sites, taken tube samples, interviewed relevant Iraqi personnel, and reviewed procurement contracts and related documents. From our analysis to date it appears that the aluminum tubes would be consistent with the purpose stated by Iraq and, unless modified, would not be suitable for manufacturing centrifuges….” (United Nations 1/27/2003 pdf file)
bullet The IAEA is investigating concerns that Iraq has attempted to obtain magnets that could be used in a gas centrifuge program. “Iraq presented detailed information on a project to construct a facility to produce magnets for the Iraqi missile program, as well as for industrial applications, and that Iraq had prepared a solicitation of offers, but that the project had been delayed due to ‘financial credit arrangements’ . Preliminary investigations indicate that the specifications contained in the offer solicitation are consistent with those required for the declared intended uses. However, the IAEA will continue to investigate the matter….” (United Nations 1/27/2003 pdf file)
Response - Responses to the two presentations are predictable. The US and Britain see no hope for Iraqi cooperation and peaceful disarmament, whereas other nations feel Blix and ElBaradei’s reports demonstrate that the inspections are working and that the use of military force is not necessary. (Preston 1/27/2003; MacKenzie 1/27/2003; Bone 1/28/2003)

Tyler Drumheller, the CIA’s chief of European operations, is “dumbfounded,” in author Craig Unger’s words, at the claims President Bush makes in his State of the Union speech (see 9:01 pm January 28, 2003). Bush and the CIA top brass had ignored Drumheller’s warnings that the intelligence about Iraq’s mobile biological laboratories is weak (see December 18-20, 2002), but Bush made the claim anyway. Just as bad, Bush made a direct reference to the long-disproven Iraq-Niger uranium deal (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). The White House decided to justify the uranium claim by attributing it to Britain. Unger will write, “Not only had the president of the United States taken a statement that many in the administration knew to be a lie and used it as a cause for war, he had taken the cowardly way out and attributed it to a third party.” (Unger 2007, pp. 273-274)

Iraqi bomb allegedly containing botulism toxin.Iraqi bomb allegedly containing botulism toxin. [Source: CIA]President Bush gives his State of the Union address to a joint session of Congress, making several false allegations about Iraq. (US President 2/3/2003) An empty seat is left open to symbolize the lives lost during the 9/11 attacks. Author Craig Unger will later characterize Bush’s delivery as somber and effective. He will be interrupted some 70 times by thunderous applause from the assembled lawmakers in the House chambers. One of his biggest applause lines is his statement about the US’s war on “international terrorism:” “The war goes on, and we are winning.” (Unger 2007, pp. 269-270)
African Uranium - He says: “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.” (US President 2/3/2003; White House 4/18/2003; Grice and Usborne 6/5/2003) The British allegation cited by Bush concerns a SISMI (Italy’s military intelligence) report (see Mid-October 2001) based on a set of forged documents. Months after the speech, with evidence mounting that the statement was completely false, the administration will retract this claim (see 3:09 p.m. July 11, 2003).
Aluminum Tubes - Bush alleges that a shipment of aluminum tubes imported by Iraq was intended to be used in the country’s alleged nuclear weapons program. “Our intelligence sources tell us that he has attempted to purchase high-strength aluminum tubes suitable for nuclear weapons production. Saddam Hussein has not credibly explained these activities. He clearly has much to hide.” (US President 2/3/2003)
Biological Agents - Bush lists a parade of agents: “anthrax, botulinum toxin, Ebola, and plague,” many of which Iraq has never been accused of possessing, and warns against “outlaw regimes that seek and possess nuclear, chemical, and builogical weapons… blackmail, terror, and mass murder.” He then moves from the general to the specific, accusing Iraq of having enough material “to produce over 25,000 liters of anthrax—enough doses to kill several million people… more than 38,000 liters of botulinum toxin—enough to subject millions of people to death by respiratory failure… as much as 500 tons of sarin, mustard and VX nerve agent.” (US President 2/3/2003; Unger 2007, pp. 270-271)
False Testimony from Iraqi Scientists - Bush alleges: “Iraqi intelligence officers are posing as the scientists inspectors are supposed to interview. Real scientists have been coached by Iraqi officials on what to say.” (US President 2/3/2003) But Hans Blix, the chief UNMOVIC weapons inspector, tells the New York Times in an interview that he knows of no evidence supporting this claim. (Miller and Preston 1/31/2003)
Defector Allegations - Bush, citing intelligence provided by “three Iraqi defectors,” says, “We know that Iraq, in the late 1990s, had several mobile weapons labs… designed to produce germ warfare agents and can be moved from place to a place to evade inspectors.” One of the defectors referred to by Bush is ‘Curveball,’ whom the CIA station chief in Germany warned was not reliable the day before (see January 27, 2003). German intelligence officials watching Bush’s speech are “shocked.” One official later recalls: “Mein Gott! We had always told them it was not proven.… It was not hard intelligence.” (Drogin and Goetz 11/20/2005) Another source for the claim was Mohammad Harith, whom the Defense Intelligence Agency had labeled a “fabricator” the previous May (see May 2002).
Torture, Murder, and 9/11 - Bush accuses Iraqi dictator Saddam Hussein of routinely torturing his own people, using such techniques as “electric shock, burning with hot irons, dripping acid on the skin, mutilation with electric drills, cutting out tongues, and rape.” He then connects Hussein, the torturer, murderer, and terrorist supporter, to the 9/11 attacks, saying: “[I]magine those 19 hijackers with other weapons and other plans—this time armed by Saddam Hussein. It would take one vial, one canister, one crate slipped into this country to bring a day of horror like none we have ever known.” He invites “all free nations” to join him in ensuring no such attack ever happens, but notes that “the course of this nation does not depend on the decisions of others.” After another long burst of applause, Bush continues, “Whatever action is required, whatever action is necessary, I will defend the freedom and security of the American people.” (Unger 2007, pp. 270-271)
'Direct Personal Threat' - Bush states what former ambassador Joseph Wilson later writes can only be interpreted by Hussein “as a direct personal threat,” saying: “Tonight I have a message for the brave and oppressed people of Iraq: Your enemy is not surrounding your country, your enemy is ruling your country. And the day he and his regime are removed from power will be the day of your liberation.” Wilson will later write: “Not simply promising the disarmament of Iraq as he had in his recent speeches, the president now stated outright his intention to rout Saddam from power, and to kill or capture him. It was an unwise thing to say. It made whatever strategy we adopted for Iraq that much more dangerous because it so blatantly telegraphed our next move and our ultimate goal.” (US President 2/3/2003; Wilson 2004, pp. 315)
Defending America - To America’s soldiers, he says: “Many of you are assembling in or near the Middle East, and some crucial hours lay ahead. In these hours, the success of our cause will depend on you. Your training has prepared you. Your honor will guide you. You believe in America, and America believes in you.” In 2007, Unger will write: “A few years earlier, Bush had confided that he thought to be a great president meant being a great commander in chief. Now George W. Bush was leading his nation into war.” (Unger 2007, pp. 270-271)

Former Ambassador Joseph Wilson attempts to contact the White House through his contacts in the State Department and Senate with the message that it needs to correct the record on Iraq, specifically the allegation Bush recently made that Iraq sought uranium from Africa (see 9:01 pm January 28, 2003). Wilson had been sent to Niger nearly a year before by the CIA to investigate these claims (see February 21, 2002-March 4, 2002). Both he and the current US ambassador in Niger confirmed that the country’s uranium supplies were under the complete control of a French consortium and that it would have been impossible for Niger to divert uranium to Iraq. Wilson also tells his contacts about General Carlton W. Fulford Jr’s trip (see February 24, 2002) to Niger. On that trip the four-star Marine Corps general had similarly reported to Washington that the purported uranium deal was probably not true. (Isikoff and Corn 2006, pp. 174) The White House refuses to communicate with Wilson. The only message he receives is one from National Security Adviser Condoleezza Rice saying that he can state his case in writing in a public forum. (Leopold 1/23/2007)

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