Congressional Record: March 16, 2004 (House)
Page H1103-H1109



                                   Iraq

  Mr. CONYERS. Mr. Speaker, in connection with Iraq, we had the benefit
of the Committee on Government Reform, which has had a study done about
this, which runs some 30 pages, that raises the question of the Bush
administration's public statements on Iraq. It is called ``Iraq on the
Record,'' and there have been questions raised in several areas. I will
include this report in the Record, which was prepared at the request of
the distinguished ranking member of the Committee on Government Reform,
the gentleman from California (Mr. Waxman); but this table of contents,
and this has been released today, special investigations division,
raises the question of the number and timing of misleading statements
on the part of the administration.

Iraq on the Record--The Bush Administration's Public Statements on Iraq

                           Executive Summary

       On March 19, 2003, U.S. forces began military operations in
     Iraq. Addressing the nation about the purpose of the war on
     the day the bombing began, President Bush stated: ``The
     people of the United States and our friends and allies will
     not live at the mercy of an outlaw regime that threatens the
     peace with weapons of mass murder.''
       One year later, many doubts have been raised regarding the
     Administration's assertions about the threat posed by Iraq.
     Prior to the war in Iraq, the President and his advisors
     repeatedly claimed that Iraq possessed weapons of mass
     destruction that jeopardized the security of the United
     States. The failure to discover these weapons after the war
     has led to questions about whether the President and his
     advisors were candid in describing Iraq's threat.
       This report, which was prepared at the request of Rep.
     Henry A. Waxman, is a comprehensive examination of the
     statements made by the five Administration officials most
     responsible for providing public information and shaping
     public opinion on Iraq: President George Bush, Vice President
     Richard Cheney, Defense Secretary Donald Rumsfeld, Secretary
     of State Colin Powell, and National Security Advisor
     Condoleezza Rice. It finds that the five officials made
     misleading statements about the threat posed by Iraq in 125
     public appearances. The report and an accompanying database
     identify 237 specific misleading statements by the five
     officials.


                              methodology

       The Special Investigations Division compiled a database of
     statements about Iraq made by President Bush, Vice President
     Cheney, Secretary Rumsfeld, Secretary Powell, and National
     Security Advisor Rice. All of the statements in the database
     were drawn from speeches, press conferences and briefings,
     interviews, written statements, and testimony by the five
     officials.
       This Iraq on the Record database contains statements made
     by the five officials that were misleading at the time they
     were made. The database does not include statements that
     appear in hindsight to be erroneous but were accurate
     reflections of the views of intelligence officials at the
     time they were made. The entire database is accessible to
     members of Congress and the public at www.reform.house.gov/
     min.
       This report is a summary of the Iraq on the Record
     database. Because the officials' statements have been
     compiled into a searchable database, the report can make new
     observations about the topics that were the subject of
     misleading claims, the timing of these claims, and the
     officials who were responsible. To ensure objectivity, the
     report was peer reviewed for fairness and accuracy by two
     leading experts: Joseph Cirincione, senior associate and
     director of the Non-Proliferation Project at the Carnegie
     Endowment for International Peace, and Greg Thielmann, former
     acting director of the Office of Strategic, Proliferation,
     and Military Affairs in the Department of State's Bureau of
     Intelligence and Research.


                                findings

       Number of Misleading Statements. The Iraq on the Record
     database contains 237 misleading statements about the threat
     posed by Iraq that were made by President Bush, Vice
     President Cheney, Secretary Rumsfeld, Secretary Powell, and
     National Security Advisor Rice. These statements were made in
     125 separate appearances, consisting of 40 speeches, 26 press
     conferences and briefings, 53 interviews, 4 written
     statements, and 2 congressional testimonies. Most of the
     statements in the database were misleading because they
     expressed certainty where none existed or failed to
     acknowledge the doubts of intelligence officials. Ten of the
     statements were simply false.
       Timing of the Statements. The statements began at least a
     year before the commencement of hostilities in Iraq, when
     Vice President Cheney stated on March 17, 2002: ``We know
     they have biological and chemical weapons.'' The
     Administration's misleading statements continued through
     January 22, 2004, when Vice President Cheney insisted:
     ``There's overwhelming evidence that there was a connection
     between al-Qaeda and the Iraqi government.'' Most of the
     misleading statements about Iraq--161 statements--were made
     prior to the start of the war. But 76 misleading statements
     were made by the five Administration officials after the
     start of the war to justify the decision to go to war.
       The 30-day period with the greatest number of misleading
     statements was the period before the congressional vote on
     the Iraq war resolution. Congress voted on the measure on
     October 10 and October 11, 2002. From September 8 through
     October 8, 2002, the five officials made 64 misleading
     statements in 16 public appearances. A large number of
     misleading statements were also made during the two months
     before the war began. Between January 19 and March 19, 2003,
     the five officials made 48 misleading statements in 26 public
     appearances.
       Topics of the Statements. The 237 misleading statements can
     be divided into four categories. The five officials made 11
     statements that claimed that Iraq posed an urgent threat; 81
     statements that exaggerated Iraq's nuclear activities; 84
     statements that overstated Iraq's chemical and biological
     weapons capabilities; and 61 statements that misrepresented
     Iraq's ties to al Qaeda.
       Statements by President Bush. Between September 12, 2002,
     and July 17, 2003, President Bush made 55 misleading
     statements about the threat posed by Iraq in 27 separate
     public appearances. On October 7, 2002, three days before
     the congressional votes on the Iraqi war resolution,
     President Bush gave a speech in Cincinnati, Ohio, with 11
     misleading statements, the most by any of the five
     officials in a single appearance.
       Some of the misleading statements by President Bush include
     his statement in the January 28, 2003, State of the Union
     address that ``the British government has learned that Saddam
     Hussein recently sought significant quantities of uranium
     from Africa''; his statement on October 2, 2002, that ``the
     Iraqi regime is a threat of unique urgency''; and his
     statement on May 1, 2003, that ``the liberation of Iraq . . .
     removed an ally of al Qaeda.''
       Statements by Vice President Cheney. Between March 17,
     2002, and January 22, 2004, Vice President Cheney made 51
     misleading statements about the threat posed by Iraq in 25
     separate public appearances.
       Some of the misleading statements by Vice President Cheney
     include his statement on September 8, 2002, that ``we do
     know, with absolute certainty, that he is using his
     procurement system to acquire the equipment he needs . . . to
     build a nuclear weapon''; his statement on March 16, 2003,
     that ``we believe he has, in fact, reconstituted nuclear
     weapons''; and his statement on October 10, 2003, that Saddam
     Hussein ``had an established relationship with al Qaeda.''
       Statements by Secretary Rumsfeld. Between May 22, 2002, and
     November 2, 2003, Secretary Rumsfeld made 52 misleading
     statements about the threat posed by Iraq in 23 separate
     public appearances.
       Some of the misleading statements by Secretary Rumsfeld
     include his statement on November 14, 2002, that within ``a
     week, or a month'' Saddam Hussein could give his weapons of
     mass destruction to al Qaeda, which could use them to attack
     the United States and kill ``30,000, or 100,000 . . . human
     beings''; his statement on January 29, 2003, that Saddam
     Hussein's regime ``recently was discovered seeking
     significant quantities of uranium from Africa''; and his
     statement on July 13, 2003, that there ``was never any
     debate'' about whether Iraq had a nuclear program.
       Statements by Secretary Powell. Between April 3, 2003, and
     October 3, 2003, Secretary Powell made 50 misleading
     statements about the threat posed by Iraq in 34 separate
     public appearances.
       Secretary Powell sometimes used caveats and qualifying
     language in his public statements. His statements that
     contained such cautions or limitations were not included in
     the database. Nonetheless, many of Secretary Powell's
     statements did not include these qualifiers and were
     misleading in their expression of certainty, such as his
     statement on May 22, 2003, that ``there is no doubt in our
     minds now that those vans were designed for only one purpose,
     and that was to make biological weapons.''
       Statements by National Security Advisor Rice. Between
     September 8, 2002, and September 28, 2003, National Security
     Advisor Rice made 29 misleading statements about the threat
     posed by Iraq in 16 separate public appearances.
       Although Ms. Rice had the fewest public appearances and the
     fewest misleading statements, she had the highest number of
     statements--8--that were false. These false statements
     included several categorical assertions that no one in the
     White House knew of the intelligence community's doubts about
     the President's assertion that Iraq sought to import uranium
     from Africa.

                            I. Introduction

       The President and his senior advisors have a special
     obligation to describe accurately the national security
     threats facing the Nation. This special obligation derives in
     part from the nature of the subject. There is no decision
     that is more grave than sending our armed forces to battle.
     The special obligation also derives in part from the unique
     access that the President and his advisors have to classified
     information. On matters of national security, only the
     President and his advisors have full access to the relevant
     classified information. Members of Congress and the public
     see only a partial picture based on the information the
     President and his advisors decide to release.

[[Page H1104]]

       Recently, serious questions have been raised regarding
     whether President Bush and his Administration met this
     special obligation. Numerous news reports and columns have
     questioned the accuracy of specific statements by President
     Bush and other Administration officials. The White House
     maintains that any misstatements were ``only a small part of
     an `overwhelming' case that Iraqi President Saddam Hussein
     posed a threat to the United States.'' Other observers,
     though, have detected a pattern of consistent
     misrepresentation.
       The one-year anniversary of the beginning of military
     operations in Iraq marks an occasion for comprehensively
     assessing whether the President and his senior advisors met
     their obligation to accurately present intelligence to the
     American public. For this reason, Rep. Waxman asked the
     Special Investigations Division to assemble in a single
     database any misleading statements made by President Bush,
     Vice President Cheney, and other senior Administration
     officials about the threat posed by Iraq. This report
     summarizes key findings from this Iraq on the Record
     database. The database itself is available to members of
     Congress and the public at www.reform.house.gov/min.

                            II. Methodology

       The Iraq on the Record database contains statements from
     the five Administration officials most responsible for
     providing public information and shaping public opinion on
     the Iraq war: President George Bush; Vice President Richard
     Cheney; Secretary of Defense Donald Rumsfeld; Secretary of
     State Colin Powell; and National Security Advisor Condoleezza
     Rice.
       The statements in the database are drawn from 125 public
     statements or appearances in which the five officials
     discussed the threat posed by Iraq. The sources of the
     statements are 40 speeches, 26 press conferences and
     briefings, 53 interviews, 4 written statements and
     articles, and 2 appearances before congressional
     committees. Quotes from the officials in newspaper
     articles or other similar secondary sources were not
     included in the database because of the difficulty of
     discerning the context of such quotes and ensuring their
     accuracy. Statements made by the officials before March
     2002, one year before the commencement of hostilities in
     Iraq, were also not included.
       The database contains statements that were misleading based
     on what was known to the Administration at the time the
     statements were made. In compiling the database, the Special
     Investigations Division did not assess whether
     ``subjectively'' the officials believed a specific statement
     to be misleading. Instead, the investigators used an
     ``objective'' standard. For purposes of the database, a
     statement is considered ``misleading'' if it conflicted with
     what intelligence officials knew at the time or involved the
     selective use of intelligence or the failure to include
     essential qualifiers or caveats.
       The database does not include statements that appear
     mistaken only in hindsight. If a statement was an accurate
     reflection of U.S. intelligence at the time it was made, the
     statement is excluded from the database even if it now
     appears erroneous.
       To determine whether a statement was misleading, the
     Special Investigations Division examined the statement in
     light of intelligence known to the Administration at the time
     of the statement. The primary sources for determining the
     intelligence available to the Administration were (1) the
     portions of the October 2002 National Intelligence Estimate
     that have been released to the public, (2) the February 5,
     2004, statement by Director of Central Intelligence George
     Tenet entitled Iraq and Weapons of Mass Destruction, (3) the
     recent report of the nonpartisan Carnegie Endowment for
     International Peace entitled WMD in Iraq: Evidence and
     Implications, and (4) news and other reports quoting U.S.
     officials regarding the intelligence available to the
     administration on Iraq.
       In general, hypothetical and implied statements about
     threats posed by Iraq were not included in the database of
     misleading statements. A few such statements were included,
     however, where they implied a threat in evocative and
     frightening language. These statements were misleading
     because the effect was to instill in the public the
     perception that the threat actually existed.
       To be conservative, the Special Investigations Division
     excluded hundreds of statements by the five officials that
     many observers would consider misleading. For example, the
     five officials made numerous claims that Iraq ``had''
     stockpiles of chemical weapons. Many of these statements were
     misleading in that they implied that Iraq possessed these
     stockpiles currently and did not acknowledge the doubts of
     intelligence experts. Nevertheless, these statements were not
     included in the database when they were expressed in the past
     tense because Iraq did possess chemical weapons at least as
     late as the early 1990s and used them during the 1980s.
       Investigators also excluded scores of statements of
     certainty that Iraq possessed ``weapons of mass destruction''
     prior to the war. To many observers, these statements would
     be misleading because they implied that Iraq possessed
     nuclear weapons without acknowledging the division among
     intelligence officials about whether this was the case. The
     Special Investigations Division excluded these general
     ``weapons of mass destruction'' assertions, however, because
     of the ambiguity inherent in the phrase.
       The Special Investigations Division asked two leading
     independent experts to peer review this report for fairness
     and accuracy. These two independent experts are: Joseph
     Cirincione, senior associate and director of the Non-
     Proliferation Project at the Carnegie Endowment for
     International Peace, and Greg Thielmann, former acting
     director of the Office of Strategic, Proliferation, and
     Military Affairs in the Department of State's Bureau of
     Intelligence and Research. These experts judged that this
     report is a fair and accurate depiction of the
     administration's statements.

            III. Number and Timing of Misleading Statements

       President Bush, Vice President Cheney, Secretary Rumsfeld,
     Secretary Powell, and National Security Advisor Rice
     repeatedly made misleading statements about the threat posed
     by Iraq. They made these statements in 125 separate public
     appearances. The total number of misleading statements made
     by the five officials is 237.
       The 237 misleading statements were made in a variety of
     forums. On 53 occasions, the five officials gave interviews
     in which they made claims that were misleading. They also
     made misleading statements in 40 speeches, 26 press
     conferences and briefings, 4 written statements and articles,
     and 2 appearances before Congress.
       The misleading statements began at least one year before
     the start of the war in Iraq, when Vice President Cheney
     stated on March 17, 2002: ``The President's made it clear
     that we are concerned about nations such as Iraq developing
     weapons of mass destruction. We know the Iraqis have been
     engaged in such efforts over the years. We know they
     have biological and chemical weapons. . . . And we also
     have reason to believe they're pursuing the acquisition of
     nuclear weapons.''
       These misleading statements have continued through at least
     January 2004. On January 22, 2004, Vice President Cheney said
     in a National Public Radio interview, ``I think there's
     overwhelming evidence that there was a connection between al-
     Qaeda and the Iraqi government. . . . I'm very confident that
     there was an established relationship there.'' He also said
     in the same interview, ``we know . . . that prior to our
     going in that he had spent time and effort acquiring mobile
     biological weapons labs, and we're quite confident he did, in
     fact, have such a program. We've found a couple of semi
     trailers at this point which we believe were, in fact, part
     of that program.'' As described below, both of these
     assertions were misleading in that they failed to disclose
     the serious doubts held by intelligence officials.
       The majority of the misleading statements--161--were made
     in the buildup to the war in Iraq. The volume of misleading
     statements by the five officials peaked before key decision
     points in the buildup to the war. Congress began debate on
     the Iraq war resolution in early October 2002 and voted on
     the measure on October 10 and October 11, 2002. During the 30
     days between September 8 and October 8, 2002, the five
     officials made 64 misleading statements in 16 public
     appearances. This was the highest number of misleading
     statements for any 30-day period.
       There were also a large number of misleading statements in
     the two months before hostilities began on March 19, 2003,
     when the five officials made 48 misleading statements in 26
     public appearances.
       Most of the misleading statements in the Iraq on the Record
     database involve the selective use of intelligence or the
     failure to include essential qualifiers or caveats. For
     example, statements of certainty that Iraq was close to
     possessing nuclear weapons were misleading because they
     ignored significant doubts and disagreement in the U.S.
     intelligence community regarding whether Iraq was actively
     pursuing a nuclear program.
       In 10 instances, however, the statements included in the
     database were false statements that directly contradicted
     facts known at the time by the Administration. For example,
     on July 11, 2003, Ms. Rice stated with respect to the claim
     that Iraq was seeking uranium in Africa: ``Now, if there were
     doubts about the underlying intelligence . . . those doubts
     were not communicated to the President, to the Vice
     President, or to me.'' This statement is false because, as
     Ms. Rice's deputy Stephen Hadley subsequently acknowledged,
     the CIA sent Ms. Rice and Mr. Hadley memos in October 2002
     warning against the use of this claim.

                IV. Categories of Misleading Statements

       The misleading statements by President Bush, Vice President
     Cheney, Secretary Rumsfeld, Secretary Powell, and National
     Security Advisor Rice fall into four general categories: (1)
     statements suggesting that Iraq posed an urgent threat, (2)
     statements regarding Iraq's nuclear activities, (3)
     statements regarding Iraq's biological and chemical weapons
     capabilities, and (4) statements regarding Iraq's support of
     al Qaeda.


             a. statements that iraq posed an urgent threat

       On February 5, 2004, Director of Central Intelligence
     George Tenet categorically stated that the U.S. intelligence
     community ``never said there was an `imminent' threat.'' Yet
     this was not the impression conveyed by President Bush, Vice
     President Cheney, Secretary Rumsfeld, Secretary Powell, and
     National Security Advisor Rice in their public statements on
     Iraq. In 10 different appearances, these five officials made
     11 statements claiming that Iraq posed an urgent threat.
       For example: President Bush stated on October 2, 2002:
     ``The Iraqi regime is a threat of

[[Page H1105]]

     unique urgency. . . . [I[t has developed weapons of mass
     death.'' President Bush stated on November 20, 2002:
     ``Today the world is . . . uniting to answer the unique
     and urgent threat posed by Iraq.'' Vice President Cheney
     stated on August 26, 2002: ``Simply stated, there is no
     doubt that Saddam Hussein now has weapons of mass
     destruction. There is no doubt he is amassing them to use
     against our friends, against our allies, and against us.''
       In one instance, Secretary Rumsfeld said that Iraq could
     give weapons of mass destruction to al Qaeda in ``a week, or
     a month,'' resulting in the deaths of up to 100,000 people.
     On November 14, 2002, Secretary Rumsfeld stated: ``Now,
     transport yourself forward a year, two years, or a week, or a
     month, and if Saddam Hussein were to take his weapons of mass
     destruction and transfer them, either use them himself, or
     transfer them to the Al-Qaeda, and somehow the Al-Qaeda, and
     somehow the Al-Qaeda were to engage in an attack on the
     United States, or an attack on U.S. forces overseas, with a
     weapon of mass destruction you're not talking about 300, or
     3,000 people potentially being killed, but 30,000, or 100,000
     . . . human beings.''


            b. statements about iraq's nuclear capabilities

       In their potential for destruction and their ability to
     evoke horror, nuclear weapons are in a class by themselves.
     As Dr. David Kay, former special advisor to the Iraq Survey
     Group, testified on January 28, 2004: ``All of us have and
     would continue to put the nuclear weapons in a different
     category. It's a single weapon that can do tremendous damage,
     as opposed to multiple weapons that can do the same order of
     damage. . . . I think we should politically treat nuclear as
     a difference.''
       For precisely this reason, the Administration's statements
     about Iraq's nuclear capabilities had a large impact on
     congressional and public perceptions about the threat posed
     by Iraq. Many members of Congress were more influenced by the
     Administration's nuclear assertions than by any other piece
     of evidence. Rep. Waxman, for example, wrote to President
     Bush in June 2003 that in voting for the Iraq war resolution:
     ``Like other members, I was particularly influenced by your
     views about Iraq's nuclear intentions. Although chemical and
     biological weapons can inflict casualties, no threat is
     greater than the threat of nuclear weapons.'' Numerous
     members of Congress stressed Iraq's nuclear threat in their
     floor statements explaining their support of the resolution.
       Despite the significance of the nuclear issue, President
     Bush, Vice President Cheney, Secretary Powell, Secretary
     Rumsfeld, and National Security Advisor Rice repeatedly
     misrepresented the nuclear threat posed by Iraq. The five
     officials made 49 separate public appearances in which they
     made misleading statements about Iraq's nuclear threat. In
     these appearances, they made a total of 81 misleading
     statements regarding Iraq's nuclear activities.
       These misleading statements generally fall into one of
     three categories: (1) misleading statements about the status
     of Iraq's nuclear program, (2) misleading statements about
     the purpose of aluminum tubes sought by Iraq, and (3)
     misleading statements about Iraq's attempts to obtain uranium
     from Africa.
     1. Claims about the Status of Iraq's Nuclear Program
       Prior to the war, there were significant divisions within
     the intelligence community about whether Iraq had resumed
     efforts to make nuclear weapons. In his speech on February 5,
     2004, Mr. Tenet explained that there was not unanimity on
     whether Iraq had reconstituted its nuclear program and that
     these differences were described in the National Intelligence
     Estimate (NIE): ``Let me be clear, where there were
     differences, the Estimate laid out the disputes clearly.'' In
     particular, the State department's Bureau of Intelligence and
     Research (INR) concluded in the NIE that ``[t]he 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.'' INR added: ``Lacking persuasive evidence that
     Baghdad has launched a coherent effort to reconstitute its
     nuclear weapons program, INR is unwilling to speculate that
     such an effort began soon after the departure of UN
     inspectors.'' The INR position was similar to the
     conclusions of the International Atomic Energy Agency
     (IAEA), which concluded that there was ``no indication of
     resumed nuclear activities . . . nor any indication of
     nuclear-related prohibited activities.''
       These doubts and qualifications, however, were not
     communicated to the public. Instead, the five Administration
     officials repeatedly made unequivocal comments about Iraq's
     nuclear program. For example, President Bush said in October
     2002 that ``[t]he regime has the scientists and facilities to
     build nuclear weapons and is seeking the materials required
     to do so.'' Several days later, President Bush asserted that
     Saddam Hussein ``is moving ever closer to developing a
     nuclear weapon.''
       Vice President Cheney made perhaps the single most
     egregious statement about Iraq's nuclear capabilities,
     claiming: ``we know he has been absolutely devoted to trying
     to acquire nuclear weapons. And we believe he has, in fact,
     reconstituted nuclear weapons.'' He made this statement just
     three days before the war. He did not admit until September
     14, 2003, that his statement was wrong and that he ``did
     misspeak.''
       President Bush and others portrayed the threat of Saddam
     Hussein waging nuclear war against the United States or its
     allies as one of the most urgent reasons for preemptively
     attacking Iraq. Administration officials used evocative
     language and images. On the eve of congressional votes on the
     Iraq war resolution, for example, President Bush stated:
     ``Knowing these realities, America must not ignore the threat
     gathering against us. Facing clear evidence or peril, we
     cannot wait for the final proof--the smoking gun--that could
     come in the form of a mushroom cloud.''
       Following the commencement of military operations in Iraq,
     Administration officials continued to make misleading
     statements regarding Iraq's nuclear program. For example,
     Secretary Rumsfeld denied on July 13, 2003, that there was
     ``any debate'' about Iraq's nuclear capabilities within the
     Administration, stating: ``We said they had a nuclear
     program. That was never any debate.''
       Since the war ended, the Iraq Survey Group has been unable
     to find evidence of the nuclear program described by the five
     officials. On October 2, 2003, David Kay reported that ``we
     have not uncovered evidence that Iraq undertook significant
     post-1998 steps to actually build nuclear weapons or produce
     fissile material.'' In his January 28, 2004, testimony, Dr.
     Kay reported that ``[i]t was not a reconstituted, full-blown
     nuclear program.'' He added, ``As best as has been determined
     . . . in 2000 they had decided that their nuclear
     establishment had deteriorated to such point that it was
     totally useless.'' His conclusion was that there was ``no
     doubt at all'' that Iraq had less of an ability to produce
     fissile material in 2001 than in 1991. According to Dr. Kay,
     the nuclear program had been ``seriously degraded'' and the
     ``activities of the inspectors in the early '90s did a
     tremendous amount.''
     2. Claims about the Aluminum Tubes
       In 2001 and 2002, shipments of aluminum tubes to Iraq were
     intercepted. This discovery led to an active debate within
     intelligence agencies about the intended use of the tubes.
       Numerous experts believed the tubes were for conventional
     rockets rather than a nuclear development program. In his
     February 5, 2004, speech, Mr. Tenet explained that
     disagreement over the purpose of the aluminum tubes was
     ``a debate laid out extensively in the estimate and one
     that experts still argue over.'' The agency with the most
     technical expertise in this area, the Department of
     Energy, believed that the tubes likely were not part of a
     nuclear enrichment program, stating in the NIE that ``the
     tubes probably are not part of the program.'' The
     International Atomic Energy Agency agreed, concluding:
     ``There is no indication that Iraq has attempted to import
     aluminum tubes for use in centrifuge enrichment.''
       In addition to dissent from the Energy Department and
     international inspectors, the State Department also expressed
     formal reservations, stating in the NIE that ``INR is not
     persuaded that the tubes in question are intended for use as
     centrifuge rotors.'' Instead, the State Department accepted
     the ``judgment of technical experts at the U.S. Department of
     Energy (DOE) who have concluded that the tubes Iraq seeks to
     acquire are poorly suited for use in gas centrifuges.'' The
     State Department explained its position in detail: 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 led INR to
     conclude that the tubes are not intended for use in Iraq's
     nuclear weapon program.
       According to the NIE, ``INR considers it far more likely
     that the tubes are intended for another purpose, most likely
     the production of artillery rockets.''
       These doubts about the use of the aluminum tubes were not
     conveyed by Administration officials, however. Instead, the
     aluminum tubes became one of the two principal pieces of
     information cited by the Administration to support the claim
     that Iraq was reconstituting its nuclear weapons program.
     President Bush, Vice President Cheney, Secretary Powell, and
     National Security Advisor Rice made 10 misleading statements
     in 9 public appearances about the significance of the
     aluminum tubes.
       For example, Ms. Rice stated on September 8, 2002: ``We do
     know that there have been shipments going into . . . Iraq . .
     . of aluminum tubes that . . . are only really suited for
     nuclear weapons programs, centrifuge programs.'' Similarly,
     Vice President Cheney said on September 8, 2002: ``[Saddam
     Hussein] now is trying, through his illicit procurement
     network, to acquire the equipment he needs to be able to
     enrich uranium to make the bombs . . . [s]pecifically
     aluminum tubes.'' These statements were misleading because
     they did not present the possibility that the tubes were
     suitable or intended for another purpose, or acknowledge that
     key U.S. experts doubted that the tubes were intended to make
     nuclear bombs.
       In one instance, Secretary Powell did acknowledge that some
     experts disputed that the aluminum tubes were intended for
     nuclear uses. In his February 5, 2003, address before the
     United Nations, Secretary Powell stated, ``By now, just about
     everyone has heard of these tubes and we all know that there
     are differences of opinion. There is

[[Page H1106]]

     controversy about what these tubes are for. Most U.S. experts
     think they are intended to serve as rotors in centrifuges
     used to enrich uranium.'' Even in that statement, however,
     Secretary Powell did not make clear that experts from the
     Department of Energy and the State Department's own
     intelligence division played a significant role in the
     analysis of this issue and in formal and deliberate dissents
     had disputed the view that the tubes would likely be used to
     enrich uranium.
       On another occasion, Secretary Powell cited the tubes as
     evidence of pursuit of nuclear weapons, without noting that
     the intended use of the tubes was under dispute, asserting:
     ``We also know that Iraq has tried to obtain high-strength
     aluminum tubes, which can be used to enrich uranium in
     centrifuges for a nuclear weapons program.''
       By January 27, 2003, the International Atomic Energy Agency
     had reached the tentative conclusion that the aluminum tubes
     ``would be consistent with the purpose stated by Iraq and,
     unless modified, would not be suitable for manufacturing
     centrifuges.'' Following the occupation of Iraq, the Iraq
     Survey Group did not find evidence indicating that the tubes
     were intended for nuclear use. In his January 28, 2004,
     testimony, Dr. Kay announced: ``It is my judgment, based
     on the evidence that was collected . . . that it's more
     probable that those tubes were intended for use in a
     conventional missile program, rather than in a centrifuge
     program.''
     3. Claims about Uranium from Africa
       Another significant component of the Administration's
     nuclear claims was the assertion that Iraq had sought to
     import uranium from Africa. As one of few new pieces of
     intelligence, this claim was repeated multiple times by
     Administration officials as proof that Iraq had reconstituted
     its nuclear weapons program. In total, the five
     Administration officials made misleading assertions about
     Iraq's attempts to obtain uranium from Africa in 7 statements
     in 6 public appearances.
       In his State of the Union address on January 28, 2003,
     President Bush stated: ``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.''
       Other officials echoed this statement. In a January 23,
     2003, New York Times op-ed piece, Ms. Rice argued that Iraq
     had lied in its December 2002 declaration, noting: ``the
     declaration fails to account for or explain Iraq's efforts to
     get uranium from abroad.'' In his opening remarks in his
     televised press conference on January 29, 2003, Secretary
     Rumsfeld stated, ``[Saddam Hussein's] regime . . . recently
     was discovered seeking significant quantities of uranium from
     Africa.''
       These claims that Iraq was seeking to import uranium were
     misleading. The documentary evidence behind the assertions
     was declared to be ``not authentic'' by the International
     Atomic Energy Agency. An envoy, former Ambassador Joseph
     Wilson, was sent by the CIA to investigate the alleged
     purchase. Ambassador Wilson concluded that it was ``highly
     doubtful that any such transaction had ever taken place,''
     and on his return, he provided detailed briefings to the CIA
     and to the State Department African Affairs Bureau.
       When evidence emerged that the importation claim was false,
     Ms. Rice claimed that the White House had no knowledge of
     these doubts. She asserted unequivocally that no senior White
     House officials were informed about questions about the
     uranium claim prior to its use in the State of the Union
     address. She stated that ``[t]he intelligence community did
     not know at that time, or at levels that got to us . . . that
     there was serious questions about this report.'' As she put
     it on another occasion: ``[H]ad there been even a peep that
     the agency did not want that sentence in or that George Tenet
     did not want that sentence in, that the Director of Central
     Intelligence did not want it in, it would have been gone.''
       Ms. Rice's claims were simply false. The CIA sent two memos
     to the National Security Council--one of which was addressed
     to Ms. Rice personally--warning against including the claim
     in a speech by the President. Director of Central
     Intelligence George Tenet also ``argued personally'' to Ms.
     Rice's deputy national security adviser, Stephen Hadley,
     ``that the allegation should not be used'' by the President.
     Further, in the October 2002 NIE provided to top White House
     officials, the State Department's Bureau of Intelligence and
     Research had stated that claims that Iraq sought to acquire
     uranium in Africa were ``highly dubious.''
       Ultimately, the White House was forced to admit its error.
     On July 9, 2003, White House spokesperson Ari Fleischer said
     that the statement about importing uranium from Africa
     ``should not have risen to the level of a presidential
     speech.'' The White House minimized the significance of the
     Administration's use of the Niger claim, arguing that it was
     ``only a small part of an `overwhelming' case that Iraqi
     President Saddam Hussein posed a threat to the United
     States.''


  C. STATEMENTS ABOUT IRAQ's CHEMICAL AND BIOLOGICAL WEAPONS PROGRAMS

       President Bush, Vice President Cheney, Secretary Rumsfeld,
     Secretary Powell, and National Security Advisor Rice made
     misleading statements regarding Iraq's chemical and
     biological weapons programs in 61 public appearances. In
     these appearances, the five officials made 84 different
     misleading statements. These statements addressed three
     general topics: (1) Iraq's chemical and biological weapons,
     (2) Iraq's efforts to build unmanned aerial vehicles (UAVs),
     and (3) Iraq's mobile biological laboratories.
     1. Claims about Chemical and Biological Weapons
       Prior to the war, there were questions within the
     intelligence community about whether Iraq in fact possessed
     stockpiles of chemical and biological weapons. Because Iraq
     previously had such stockpiles, had used them in the past,
     and had not adequately demonstrated that all previously
     produced stockpiles had been destroyed, the intelligence
     community made an assessment in the October NIE that it was
     likely that Iraq continued to possess them. Because
     intelligence agencies had no direct evidence of such
     stockpiles, however, the conclusions in the October NIE were
     cast in the context of an intelligence ``estimate.'' The NIE
     began its sections on chemical and biological weapons with
     the phrases ``we assess'' and ``we judge.'' The NIE concluded
     that Iraq ``probably'' had stockpiled chemicals and
     ``probably'' had genetically engineered biological agents.
     The NIE also included major qualifiers, such as: ``We lack
     specific information on many key aspects of Iraq's WMD
     programs.''
       Other intelligence assessments specifically cited the
     uncertainty surrounding Iraq's possession of such stockpiles.
     In September 2002, the Defense Intelligence Agency (DIA)
     issued a report that concluded: ``There is no reliable
     information on whether Iraq is producing and stockpiling
     chemical weapons or where Iraq has--or will--establish its
     chemical warfare agent production facilities.'' The report
     also observed that ``[a] substantial amount of Iraq's
     chemical warfare agents, precursors, munitions, and
     production equipment were destroyed between 1991 and 1998 as
     a result of Operation Desert Storm and UNSCOM (United Nations
     Special Commission) actions.'' While the report assessed that
     Iraq ``probably'' retained some ``CW agents,'' it warned that
     ``we lack any direct information.''
       Despite these uncertainties among the intelligence
     officials, the five Administration officials made 45
     misleading statements in 35 appearances about Iraq's
     possession of chemical or biological weapons. Often these
     statements were misleading because they projected certainty
     about their claims. Secretary Powell, for example, claimed,
     ``there is no doubt in our mind that he still has chemical
     weapons stocks.'' Secretary Rumsfeld stated: ``He has at this
     moment stockpiles of chemical and biological weapons.'' Vice
     President Cheney asserted: ``We know they have biological and
     chemical weapons.'' And President Bush said bluntly, ``He's
     got them.''
       Administration officials sometimes claimed to have specific
     details about stockpile locations and movements. In his
     speech to the United Nations, for example, Secretary Powell
     showed photographs of supposed Iraqi chemical stockpiles,
     stating: ``How do I know that? How can I say that? Let me
     give you a closer look. Look at the image on the left. On the
     left is a close-up of one of the four chemical bunkers. The
     two arrows indicate the presence of sure signs that the
     bunkers are storing chemical munitions.''
       Secretary Rumsfeld was even more specific, claiming that
     the Iraqis were ``moving them to different locations as often
     as every 12 to 24 hours and placing them in residential
     neighborhoods.'' He also made this statement: ``We know where
     they are. They're in the area around Tikrit and Baghdad and
     east, west, south, and north somewhat.''
       The five officials also drew selectively from individual
     intelligence sources. In 1995, Hussein Kamel, the Iraqi
     official who had been in charge of Iraq's weapons of mass
     destruction programs, defected and described how Iraq had
     violated U.N. resolutions in the early 1990s. Administration
     officials cited these claims repeatedly. For example,
     President Bush said: ``In 1995, after several years of deceit
     by the Iraqi regime, the head of Iraq's military industries
     defected. It was then that the regime was forced to admit
     that it had produced more than 30,000 liters of anthrax and
     other deadly biological agents. . . . This is a massive
     stockpile of biological weapons that has never been accounted
     for, and capable of killing millions.''
       President Bush failed to disclose, however, that this same
     defector reported to U.N. inspectors that Iraq had destroyed
     all of its chemical and biological weapons stocks.
       Since the war ended, the Iraq Survey Group has reported
     that it is unlikely that chemical or biological stockpiles
     existed prior to the war. As Dr. Kay concluded: ``I'm
     personally convinced that there were not large stockpiles of
     newly produced weapons of mass destruction. We don't find the
     people, the documents or the physical plants that you would
     expect to find if the production was going on.'' Dr. Kay
     reported in October 2003 that ``Iraq's large-scale capability
     to develop, produce, and fill new CW munitions was reduced--
     if not entirely destroyed--during Operation Desert Storm and
     Desert Fox, 13 years of UN sanctions and UN inspections.''
       Director of Central Intelligence George Tenet echoed these
     findings: ``It also appears that Iraq had the infrastructure
     and talent to resume production--but we have yet to

[[Page H1107]]

     find that it actually did so, nor have we found weapons.''
     His bottom line was that ``we do not know if production took
     place--and just as clearly--we have not yet found biological
     weapons.''
     2. Claims about Unmanned Aerial Vehicles
       Prior to the war, Administration officials raised the
     specter of Iraq using unmanned aerial vehicles (UAVs) to
     distribute chemical or biological weapons directly over the
     United States. Although there was agreement within the
     intelligence community that Iraq had a UAV program, there was
     a sharp split over whether these UAVs were designed to
     deliver chemical or biological weapons. The October NIE
     concluded that the UAV program was ``probably'' intended to
     deliver biological weapons. However, the government entity
     most knowledgeable about UAVs and their potential
     applications, the Air Force's National Air and Space
     Intelligence Center, disagreed with this conclusion.
     According to the NIE, the U.S. Air Force ``does not agree
     that Iraq is developing UAVs primarily intended to be
     delivery platforms for chemical and biological (CBW)
     agents.'' Instead, the Air Force experts asserted that
     ``[t]he small size of Iraq's new UAV strongly suggests a
     primary role of reconnaissance.''
       The five Administration officials did not acknowledge these
     doubts in their public statements, however. Instead, they
     made misleading assertions regarding the purpose of the UAVs
     in 5 statements in 5 public appearances.
       For example, on October 7, 2002, just days before the
     October 10 and October 11, 2002, congressional votes on the
     Iraqi war resolution, President Bush claimed that ``Iraq has
     a growing fleet of manned and unmanned aerial vehicles that
     could be used to disperse chemical or biological weapons.''
     He did not disclose that experts at the Air Force found such
     a use improbable. Instead, he highlighted the fear of Iraq's
     UAVs being used ``for missions targeting the United States.''
     Such statements had an impact on members of Congress. For
     example, Senator Bill Nelson voted for the Iraq war
     resolution ``precisely because of the administration's UAV
     evidence.'' He explained: ``I was told not only that [Hussein
     had weapons of mass destruction] and that he had the means to
     deliver them through unmanned aerial vehicles, but that he
     had the capability of transporting those UAVs outside of
     Iraq and threatening the homeland here in America,
     specifically by putting them on ships off the eastern
     seaboard. . . . I thought there was an imminent threat.''
       In his address to the United Nations, Secretary Powell
     asserted: ``UAVs are well suited for dispensing chemical and
     biological weapons. There is ample evidence that Iraq has
     dedicated much effort to developing and testing spray devices
     that could be adapted for UAVs.'' In making his presentation
     to the U.N., Secretary Powell showed a photo of an
     ``illustrative'' UAV, which he suggested was well-suited for
     spraying chemical or biological weapons over the United
     States. This presentation affected members of Congress.
     Senator Dianne Feinstein stated that of the various pieces of
     evidence presented by Secretary Powell, ``The most compelling
     to me was the unmanned aerial vehicle and the development of
     that with spray tanks. And he kind of laid down the fact that
     this could be in our country and there was a possibility that
     this might be used against the United States.''
       President Bush later highlighted Secretary Powell's
     presentation, claiming: ``All the world has now seen the
     footage of an Iraqi Mirage aircraft with a fuel tank modified
     to spray biological agents over wide areas. . . . A UAV
     launched from a vessel off the American coast could reach
     hundreds of miles inland.''
       The Iraq Survey Group found little to substantiate these
     claims. According to Dr. Kay's January 28, testimony, Iraq's
     UAV program ``was not a strong point'' because it was only
     ``theoretically possible'' to have ``snuck one of those on a
     ship off the East Coast of the United States that might have
     been able to deliver a small amount someplace.'' He found
     only that ``at least one of those families of UAVs'' was a
     ``descendent'' of another model that once had a ``spray tank
     on it.'' In his assessment, there was no ``existing
     deployment capability at that point for any sort of
     systematic military attack.''

             3. Claims about Mobile Biological Laboratories

       In April and early May 2003, military forces found mobile
     trailers in Iraq. Although intelligence experts disputed the
     purpose of the trailers, Administration officials repeatedly
     asserted that they were mobile biological weapons
     laboratories. In total, President Bush, Vice President
     Cheney, Secretary Rumsfeld, Secretary Powell, and National
     Security Advisor Rice made 34 misleading statements about the
     trailers in 27 separate public appearances.
       Shortly after the trailers were found, the CIA and DIA
     issued an unclassified white paper evaluating the trailers.
     The white paper was released without coordination with other
     members of the intelligence community, however. It was
     disclosed later that engineers from DIA who examined the
     trailers concluded that they were most likely used to produce
     hydrogen for artillery weather balloons. A former senior
     intelligence official reported that ``only one of 15
     intelligence analysts assembled from three agencies to
     discuss the issue in June endorsed the white paper
     conclusion.''
       Despite these doubts within the intelligence community, the
     five officials repeatedly misled Congress and the public
     about the trailers by asserting without qualification that
     they were proof of Iraq's biological weapons program.
     President Bush made perhaps the most prominent misleading
     statement on this matter when he proclaimed: ``We found the
     weapons of mass destruction. We found biological
     laboratories. You remember when Colin Powell stood up in
     front of the world, and he said, Iraq has got laboratories,
     mobile labs to build biological weapons. They're illegal.
     They're against the United Nations resolutions, and we've so
     far discovered two. And we'll find more weapons as time goes
     on. But for those who say we haven't found the banned
     manufacturing devices or banned weapons, they're wrong, we
     found them.''
       Similarly, Secretary Powell's comments about the trailers
     frequently asserted with certainty that the trailers were
     biological weapons laboratories. For example:
       On May 21, 2003, Secretary Powell said: ``The intelligence
     community has really looked hard at these vans, and we can
     find no other purpose for them. Although you can't find
     actual germs on them, they have been cleaned and we don't
     know whether they have been used for that purpose or not, but
     they were certainly designed and constructed for that
     purpose. And we have taken our time on this one because we
     wanted to make sure we got it right. And the intelligence
     community, I think, is convinced now that that's the purpose
     they served.''
       On May 22, 2003, Secretary Powell said, ``So far, we have
     found the biological weapons vans that I spoke about when I
     presented the case to the United Nations on the 5th of
     February, and there is no doubt in our minds now that those
     vans were designed for only one purpose, and that was to make
     biological weapons.''
       The doubts about the trailers were confirmed by the work of
     the Iraq Survey Group. According to Dr. Kay's January 28,
     2004, testimony, ``the consensus opinion is that when you
     look at those two trailers, while [they] had capabilities in
     many areas, their actual intended use was not for the
     production of biological weapons.'' In a separate interview,
     Dr. Kay explained that the trailers ``were actually designed
     to produce hydrogen for weather balloons, or perhaps to
     produce rocket fuel.''


             d. statements about Iraq's support of al qaeda

       Another key component of the case for going to war against
     Iraq was the claim that Iraq was supporting al Qaeda. As was
     the case with other featured claims the al Qaeda claims were
     disputed by intelligence officials within the Administration.
     Yet President Bush, Vice President Cheney, Secretary
     Rumsfeld, Secretary Powell, and National Security Advisor
     Rice regularly failed to acknowledge these doubts or the
     weaknesses in the case linking Iraq and al Qaeda. They made
     61 misleading statements about the strength of the Iraq-al
     Qaeda alliance in 52 public appearances.
       Well before the war of Iraq, the October 2002 National
     Intelligence Estimate made clear that the U.S. intelligence
     community had serious doubts about the threat of Iraq arming
     al Qaeda. In its section on ``Confidence Levels for Selected
     Key Judgements in This Estimate,'' the NIE gave a ``Low
     Confidence'' rating to the notion of ``Whether in desperation
     Saddam would share chemical or biological weapons with Al
     Qa'ida.'' The discussion of this possibility in the NIE
     contained highly qualified language: ``Saddam, if
     sufficiently desperate, might decide that only an
     organization such as al Qa'ida . . . could perpetuate the
     type of terrorist attack that he would hope to conduct.'' The
     NIE also reported that ``Baghdad for now appears to be
     drawing a line short of conducting terrorist attacks with
     conventional or CBW against the United States, fearing that
     exposure of Iraqi involvement would provide Washington a
     stronger cause for making war.''
       Director of Central Intelligence Tenet stated in an October
     2002 letter that there were intelligence reports of contacts
     between al Qaeda and Iraq. At the same time, however, he
     asserted clear qualifiers for this information: ``Our
     understanding of the relationship between Iraq and al- Qa'ida
     is evolving and is based on sources of varying reliability.''
     Senators who were briefed by intelligence officials in the
     fall of 2002 expressed skepticism about the significance of
     the link. For example, Senator Jeffords on October 8, 2002,
     stated, ``While there is talk of cooperation between Iraq and
     al-Qaeda, and I don't doubt that there has been some
     cooperation, I have not seen any hard evidence of close
     cooperation.'' According to another account, Sen. Richard J.
     Durbin  . . . said some classified information he had seen
     did not support the administration's portrayal of the Iraqi
     threat. ``It's troubling to have classified information that
     contradicts statements made by the administration,'' Durbin
     said. ``There's more they should share with the public.''
     Durbin would not be more specific, but he did say the
     committee had received the views of some analysts who do
     not share the administration's conclusion that Iraq was an
     urgent threat with important links to al-Qaeda terrorists.
       Journalists also reported that many intelligence officials
     within the Administration doubted the significance of
     reported contacts between Iraq and al Qaeda. According to one
     report: ``[A]nalysts at the C.I.A. . . . believed that the
     evidence showed some contacts between Baghdad and the
     terrorist organization, but not an operational alliance. . .
     . [A]t the C.I.A., many analysts believed that

[[Page H1108]]

     Mr. bin Laden saw Mr. Hussein as one of the corrupt secular
     Arab leaders who should be toppled.''
       Despite the doubts of many intelligence analysts, the five
     Administration officials regularly asserted that there was a
     close relationship between Iraq and al Qaeda. For example:
       In a November 7, 2002, speech, President Bush stated:
     Saddam Hussein is ``a threat because he is dealing with al
     Qaeda. . . . [A] true threat facing our country is that an Al
     Qaeda-type network trained and armed by Saddam could attack
     America and not leave one fingerprint.''
       In his January 28, 2003, State of the Union address,
     President Bush stated: ``Evidence from intelligence sources,
     secret communications, and statements by people now in
     custody reveal that Saddam Hussein aids and protects
     terrorists, including members of al Qaeda. Secretly, and
     without fingerprints, he could provide one of his hidden
     weapons to terrorists, or help them develop their own.''
       In his February 5, 2003, remarks to the United Nations,
     Secretary of State Colin Powell stated: ``what I want to
     bring to your attention today is the potentially much more
     sinister nexus between Iraq and the al Qaeda terrorist
     network, a nexus that combines classic terrorist
     organizations and modern methods of murder. Iraq today
     harbors a deadly terrorist network headed by Abu Musab al-
     Zarqawi, an associate and collaborator of Usama bin Laden and
     his al-Qaeda lieutenants.''
       In his remarks on May 1, 2003, announcing the end of major
     combat operations in Iraq, President Bush stated: ``The
     battle of Iraq is one victory in a war on terror that began
     on September the 11, 2001--and still goes on. . . . [T]he
     liberation of Iraq . . . removed an ally of al Qaeda.''
       Vice President Cheney's statements on this topic repeatedly
     cited reports of a specific alleged Iraq-al Qaeda contact: A
     meeting between Mohammed Atta, one of the September 11
     hijackers, and a senior Iraqi official in Prague a few months
     before September 11, 2001. For example, Vice President Cheney
     stated on September 14, 2003: ``With respect to 9/11, of
     course, we've had the story that's been public out there. The
     Czechs alleged that Mohammed Atta, the lead attacker, met in
     Prague with a senior Iraqi intelligence official five months
     before the attack, but we've never been able to develop any
     more of that yet either in terms of confirming it or
     discrediting it. We just don't know.''
       The Vice President's assertions about this meeting omitted
     key information. He did not acknowledge that the CIA and FBI
     had concluded before the war in Iraq that ``the meeting
     probably did not take place''; and Czech government officials
     had developed doubts regarding whether this meeting occurred;
     or that American records indicate that Mr. Atta was in
     Virginia Beach, Virginia, at the time of the purported
     meeting.
       Assessments following the war further highlighted the
     tenuous nature of the Administration's assertions about an
     Iraq-al Qaeda alliance. According to the New York Times,
     ``Since American forces toppled the Hussein government and
     the United States gained access to captured Iraqi officials
     and Iraqi files, the C.I.A. has not yet uncovered evidence
     that has altered its prewar assessment concerning the
     connections between Mr. Hussein and Osama bin Laden, the
     leader of al Qaeda, officials said.''
       Consistent with this view, during Dr. Kay's testimony
     before the Senate Armed Services Committee on January 28,
     2004, the following exchange occurred between Senator Warner
     and Dr. Kay. Senator Warner: Any evidence with regard to
     participation by either Saddam Hussein or his principal
     henchmen in the WMD-sharing with al Qaeda or any other
     terrorist organizations? Dr. Kay: Senator Levin--Senator
     Warner, there is no evidence that I can think of that I know
     of.

            V. Misleading Statements by Individual Officials


                           a. president bush

       President Bush made 55 misleading statements about the
     threat posed by Iraq in 27 separate public statements or
     appearances.
       Of the 55 misleading statements by President Bush, 4
     claimed that Iraq posed an urgent threat; 14 exaggerated
     Iraq's efforts to develop nuclear weapons; 18 overstated
     Iraq's chemical or biological weapons capacity; and 19
     misrepresented Iraq's links to al Qaeda.
       On October 7, 2002, just days before the October 10 and
     October 11, 2002 congressional votes on the Iraq war
     resolution, President Bush gave an address in Cincinnati,
     Ohio, about the threat posed by Iraq. In this speech,
     President Bush made 11 misleading statements about Iraq, the
     highest number of misleading statements in any single
     appearance by any of the five officials. In this single
     appearance, President Bush made misleading statements about
     Iraq's nuclear capabilities, Iraq's efforts to procure
     aluminum tubes, Iraq's chemical and biological capabilities,
     and Iraq's connection to al Qaeda.
       Some of the misleading statements made by President Bush
     included the following: ``On its present course, the Iraqi
     regime is a threat of unique urgency. . . . It has developed
     weapons of mass death.'' ``The British government has learned
     that Saddam Hussein recently sought significant quantities of
     uranium from Africa.'' ``The liberation of Iraq . . . removed
     an ally of al Qaeda.'' ``We found the weapons of mass
     destruction. . . . [F]or those who say we haven't found the
     banned manufacturing devices or banned weapons, they're
     wrong, we found them.''


                        b. vice president cheney

       Vice President Cheney made 51 misleading statements about
     the threat posed by Iraq in 25 separate public statements or
     appearances.
       Of the 51 misleading statements by Vice President Cheney, 1
     claimed that Iraq posed an urgent threat; 22 exaggerated
     Iraq's efforts to develop nuclear weapons; 7 overstated
     Iraq's chemical or biological weapons capacity; and 21
     misrepresented Iraq's links to al Qaeda.
       Some of the misleading statements made by Vice President
     Cheney included the following: ``[W]e do know, with absolute
     certainty, that he is using his procurement system to
     acquire the equipment he needs in order to enrich uranium
     to build a nuclear weapon.'' Saddam Hussein ``had an
     established relationship with al Qaeda.'' ``[W]e believe
     he has, in fact, reconstituted nuclear weapons.''


                         c. secretary rumsfeld

       Secretary Rumsfeld made 52 misleading statements about the
     threat posed by Iraq in 23 separate public statements or
     appearances.
       Of the 52 misleading statements by Secretary Rumsfeld; 5
     claimed that Iraq posed an urgent threat; 18 exaggerated
     Iraq's efforts to develop nuclear weapons; 21 overstated
     Iraq's chemical or biological weapons capacity; and 8
     misrepresented Iraq's links to al Qaeda.
       Some of the misleading statements made by Secretary
     Rumsfeld included the following:
       ``Now transport yourself forward a year, two years, or a
     week, or a month, and if Saddam Hussein were to take his
     weapons of mass destruction and transfer them, either use
     himself, or transfer them to the Al-Qaeda, and somehow the
     Al-Qaeda were to engage in an attack on the United States . .
     . with a weapon of mass destruction you're now talking about
     300, or 3,000 people potentially being killed, but 30,000, or
     100,000 . . . human beings.''
       ``[Saddam Hussein's] regime . . . recently was discovered
     seeking significant quantities of uranium from Africa.''
       ``We said they had a nuclear program. That was never any
     debate.''


                          d. secretary powell

       Secretary Powell made 50 misleading statements about the
     threat posed by Iraq in 34 separate public statements or
     appearances.
       Of the 50 misleading statements by Secretary Powell, 1
     claimed that Iraq posed an urgent threat; 10 exaggerated
     Iraq's efforts to develop nuclear weapons; 32 overstated
     Iraq's chemical or biological weapons capacity; and 7
     misrepresented Iraq's links to al Qaeda.
       Sometimes Secretary Powell used caveats and qualifying
     language in his public statements. For example, on March 9,
     2003, he said, ``Well with respect to the aluminum tubes, we
     still believe the case is out. The CIA has done a great deal
     of analysis on those tubes. They are not persuaded they were
     just for rockets. And, in fact, another nation this week, a
     European nation, came forward with some additional
     information that still, I think, leaves it an open question
     as to what the purpose of those tubes was.'' Secretary
     Powell's acknowledgement of differences in this example was
     not an unqualified statement that only mentioned one side of
     an intelligence debate.
       On numerous other occasions, however, Secretary Powell made
     unconditional statements about the threats posed by Iraq
     without disclosing the doubts of intelligence officials. Some
     of the misleading statements he made included the following:
       ``Iraq is now concentrating . . . on developing and testing
     smaller UAVs. . . . UAVs are well suited for dispensing
     chemical and biological weapons.''
       ``The more we wait, the more chance there is for this
     dictator with clear ties to terrorist groups, including al-
     Qaida, more time for him to pass a weapon, share a
     technology, or use these weapons again.''
       ``So far, we have found the biological weapons vans that I
     spoke about when I presented the case to the United Nations
     on the 5th of February, and there is no doubt in our minds
     that those vans were designed for only one purpose, and that
     was to make biological weapons.''


                   E. National Security Advisor Rice

       Ms. Rice made 29 misleading statements about the threat
     posed by Iraq in 16 separate public statements or
     appearances.
       Of the 29 misleading statements by Ms. Rice, 17 concerned
     Iraq's efforts to develop nuclear weapons; 6 overstated
     Iraq's chemical or biological weapons capacity; and 6
     misrepresented Iraq's links to al Qaeda.
       Some of the misleading statements made by Ms. Rice included
     the following:
       ``We do know that [Saddam Hussein] is actively pursuing a
     nuclear weapon.''
       ``We do know that there have been shipments going 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.''
       ``[T]he declaration fails to account for or explain Iraq's
     efforts to get uranium from abroad.''
       Ms. Rice made significantly more statements that were
     false--8--than any of the other four officials. Many of these
     statements came in June and July 2003 when questions were
     being raised about why President

[[Page H1109]]

     Bush asserted in his State of the Union address that Iraq was
     seeking to import uranium from Africa. Ms. Rice repeatedly
     stated during this period that no one in the White House was
     informed of the doubts about this uranium claim. For example,
     she stated:
       ``We did not know at the time--no one knew at the time, in
     our circles--maybe someone knew down in the bowels of the
     agency, but no one in our circles knew that there were doubts
     and suspicions that this might be a forgery.''
       ``[H]ad there been even a peep that the agency did not want
     that sentence in or that George Tenet did not want that
     sentence in, that the director of Central Intelligence did
     not want it in, it would have been gone.''
       These statements were simply false. As explained above, the
     CIA had repeatedly communicated its objections to White House
     officials, including Ms. Rice.

                             VI. Conclusion

       Because of the gravity of the subject and the President's
     unique access to classified information, members of Congress
     and the public expect the President and his senior officials
     to take special care to be balanced and accurate in
     describing national security threats. It does not appear,
     however, that President Bush, Vice President Cheney,
     Secretary Rumsfeld, Secretary Powell, and National Security
     Advisor Rice met this standard in the case of Iraq. To the
     contrary, these five officials repeatedly made misleading
     statements about the threat posed by Iraq. In 125 separate
     appearances, they made 11 misleading statements about the
     urgency of Iraq's threat, 81 misleading statements about
     Iraq's nuclear activities, 84 misleading statements about
     Iraq's chemical and biological capabilities, and 61
     misleading statements about Iraq's relationship with al
     Qaeda.
  Some of the categories of the misleading statements: A, a statement
that Iraq posed an urgent threat; B, statements about Iraq's nuclear
capabilities, including the claims about the status of the Iraqi
nuclear program; the claims about the aluminum tubes; the claims about
uranium from Africa.
  Then there is another category, statements about Iraq's chemical and
biological weapons programs, claims about chemical and biological
weapons, about unmanned aerial vehicles, about mobile biological
laboratories; and then there is a special part in this study about
Iraq's statements about Iraq's support of al Qaeda.
  Then just to be fair to the four other members in the White House
that work on these matters, there are misleading statements by
individual officials. The first official is the President of the United
States. The second official is the Vice President of the United States.
The third official is the Secretary of Defense, Donald Rumsfeld. The
fourth category is the Secretary of State, Colin Powell, and the fifth
category is reserved for the National Security Adviser, Condoleezza
Rice.
  I recommend these items and this study to each and every Member of
the House; and I would be happy to discuss it, along with the ranking
member of the Committee on Government Reform, with any of the Members
of the Congress on or off the record.


                                 Haiti

  Mr. CONYERS. Mr. Speaker, I turn now to a subject that I consider to
be very important, and that is, Haiti, a beleaguered tiny nation in the
western hemisphere that has been subject to a succession of activities
that have caused President Jean-Bertrand Aristide, his wife, and
children to flee from the country.
  I would like to commend the gentlewoman from California (Ms. Lee),
the vice chair of the Progressive Caucus, who has introduced a truth
bill to discover and uncover the truth about Haiti. It is a bill that
would establish an independent commission and has been cosponsored by
more than two dozen other Members, in which she calls for in this
measure that we create an independent commission to investigate the
circumstances that surround a democratically elected president being
forcibly driven from his office and forced to leave the country, which
is, incidentally, the second time this has happened during the election
of President Aristide.

                              {time}  2030

  This last time raises some quite ambiguous questions that we need to
resolve. Did the United States Government impede democracy and in any
way contribute to the overthrow of the Aristide government? What were
the circumstances that the President issued a resignation? To what
extent did the United States impede efforts by the international
community to prevent the overthrow of the democratically elected
Government of Haiti? What was the role of the United States in
influencing decisions regarding Haiti at the United Nations Security
Council in discussions between Haiti and other countries that were
apparently willing to assist in the preservation of the democratically
elected Government of Haiti by sending security forces there? Was our
assistance provided or were U.S. personnel involved in supporting
indirectly the forces opposed to the President of Haiti? And, finally,
was there bilateral assistance from the United States channeled through
nongovernmental organizations that were directly or indirectly
associated with political groups actively involved in creating
hostilities, and in some instances violence, toward the government of
President Aristide and citizens who supported the President of that
country?
  And so we have referred that House Resolution 2625 to the appropriate
Committee on Government Reform to be acted upon. We think this is a
very important, very timely activity, and we are hoping that there can
be a perfectly candid impartial commission formed to study these vexing
questions that have been propounded in the proposal of the gentlewoman
from California (Ms. Lee).

                          ____________________