Congressional Record: July 8, 2004 (Senate) Page S7811-S7819 Senate Intelligence Committee Report Mr. LEVIN. Mr. President, tomorrow's report of the Senate Intelligence Committee will be intensely and extensively critical of the CIA for its intelligence failures and mischaracteri- [[Page S7812]] zations regarding Iraq's possession of weapons of mass destruction. That report is an accurate and a hard-hitting and well-deserved critique of the CIA. It is, of course, but half of the picture. Earlier today I released an example of the other half. A few days ago the CIA finally answered, in an unclassified form, the question I have been asking them about whether the Intelligence Community believes that a meeting between an Iraqi intelligence official and Mohamed Atta, one of the 9/11 hijackers, occurred in Prague in the months before al-Qaida's attack in America on 9/11. The answer of the CIA illustrates the point that tomorrow's Intelligence Committee report is extremely useful regarding the CIA's failure, but it does not address another central issue--the administration's exaggerations of the intelligence that the CIA provided to them. That is left for the second phase of the Intelligence Committee's investigation. This newly released, unclassified statement by the CIA demonstrates that it was the administration, not the CIA, that exaggerated the connections between Saddam Hussein and al-Qaida. The new CIA answer states that the CIA finds no credible information that the April 2001 meeting occurred and, in fact, that it is unlikely that it did occur. A bit of history. On December 9, 2001, Tim Russert asked the Vice President whether Iraq was involved in the September 11 attack. The Vice President replied: It's been pretty well confirmed that he [Mohamed Atta] did go to Prague and he did meet with a senior official of the Iraqi intelligence service in Czechoslovakia last April, several months before the attack. Vice President Cheney also said in his interview with CNBC on June 17 of this year that the report from the Czechs was evidence that Iraq was involved in the 9/11 attacks. In his interview with the Rocky Mountain News on January 9 of this year, the Vice President also said that the alleged meeting between the hijacker, Atta, and an Iraqi intelligence official in Prague a few months before 9/11 ``possibly tied the two together to 9/11.'' President Bush frequently exaggerated the overall relationship between al-Qaida and Saddam Hussein. For instance, on the deck of the aircraft carrier, President Bush stated: The liberation of Iraq is a crucial advance in the campaign against terror. We have removed an ally of al-Qaida. Now, relative to the alleged Prague meeting itself, Vice President Cheney continues the misleading rhetoric by stating that we cannot prove one way or another that the so-called Prague meeting occurred. Vice President Cheney said on June 17 on CNBC: We have never been able to prove that there was a connection there on 9/11. The one thing we had is the Iraq-- the Czech intelligence service report saying that Mohamed Atta had met with a senior Iraqi intelligence official at the embassy on April 9, 2001. That's never been proven; it's never been refuted. But what the Vice President continues to leave out is the critical second half of the CIA's now unclassified assessment that ``although we cannot rule it out, we are increasingly skeptical that such a meeting occurred.'' The Vice President also omits the key CIA statement: In the absence of any credible information that the April 2001 meeting occurred, we assess that Atta would have been unlikely to undertake the substantial risk of contacting any Iraqi official as late April 2001, with the plot already well along toward execution. In summary, the CIA says there is no credible evidence that the meeting occurred, and it is unlikely that it did occur. The American public was led to believe before the Iraq war that Iraq had a role in the 9/11 attack on America, and that the actions of al-Qaida and Iraq were ``part of the same threat,'' as Deputy Secretary of Defense Paul Wolfowitz has put it. Well, it was not the CIA that led the public to believe that; it was the leadership of this administration. Mr. President, I ask unanimous consent that four documents, which I referred to in the body of my remarks, be printed in the Record at this point. There being no objection, the material was ordered to be printed in the Record, as follows: Response of Director of Central Intelligence George Tenet to Senator Levin Question for the Record, March 9, 2004, Armed Services Committee Hearing Question 8. Director Tenet, do you believe it is likely that September 11 hijacker Muhammad Atta and Iraqi Intelligence Service officer Ahmed al-Ani met in Prague in April 2001, or do you believe it unlikely that the meeting took place? Answer. Although we cannot rule it out, we are increasingly skeptical that such a meeting occurred. The veracity of the single-threaded reporting on which the original account of the meeting was based has been questioned, and the Iraqi official with whom Atta was alleged to have met has denied ever having met Atta. We have been able to corroborate only two visits by Atta to the Czech Republic: one in late 1994, when he passed through enroute to Syria; the other in June 2000, when, according to detainee reporting, he departed for the United States from Prague because he thought a non-EU member country would be less likely to keep meticulous travel data. In the absence of any credible information that the April 2001 meeting occurred, we assess that Atta would have been unlikely to undertake the substantial risk of contacting any Iraqi official as late as April 2001, with the plot already well along toward execution. It is likewise hard to conceive of any single ingredient crucial to the plot's success that could only be obtained from Iraq. In our judgment, the 11 September plot was complex in its orchestration but simple in its basic conception. We believe that the factors vital to success of the plot were all easily within al-Qa'ida's means without resort to Iraqi expertise: shrewd selection of operatives, training in hijacking aircraft, a mastermind and pilots well-versed in the procedures and behavior needed to blend in with US society, long experience in moving money to support operations, and the openness and tolerance of US society as well as the ready availability of important information about targets, flight schools, and airport and airline security practices. ____ New CIA Response Raises Question Again: Where Does Vice President Cheney Get His Information? On July 7th, I finally received an unclassified answer to a Question for the Record that I had posed to Director of Central Intelligence George Tenet after he appeared before the Armed Services Committee on March 9, 2004. I am releasing this response today, because it is further evidence that Vice President Cheney has and continues to misstate and exaggerate intelligence information to the American public. This pattern, the record of which has continued to grow over time suggests that Vice President Cheney is getting his intelligence from outside of the U.S. Intelligence Community. In February I asked him to clarify the basis for some of his statements, but he has not yet responded to my request (letter attached). I am therefore left to continue wondering what his sources are. alleged atta meeting in prague Vice President Chency persists in his representation that a leader of the 9/11 hijackers, Mohammed Atta, may have met with an Iraqi intelligence official in Prague in April, 2001. When asked on Meet the Press on December 9, 2001 about possible links between Iraq and the 9/11 attacks, he claimed that the April Atta meeting was ``pretty well confirmed.'' His subsequent statements on the Prague meeting have been more qualified, but he continues to present the alleged meeting as if it were something about which there wasn't enough information to make an informed judgment, i.e., it may have happened, or we don't know that it didn't happen. Most recently, on June 17, he wrapped the suggestion in the following verbal package: ``We have never been able to confirm that, nor have we bee able to knock it down, we just don't know . . . I can't refute the Czech claim, I can't prove the Czech claim, I just don't know. . . . That's never been proven; it's never been refuted.'' This characterization does not fairly represent the views of the Intelligence Community. I have long been award of this difference, and have pressed the Central Intelligence Agency (CIA) to declassify their views on whether they believe this meeting took place. Finally, a few days ago, they provided a public, unclassified response to that question. The CIA stats publicly, for the first time, that they lack ``any credible information'' that the alleged meetin took place. They note that the report was based on a single source whose ``veracity . . . has been questioned,'' and that the Iraq intelligence official who was purportedly involved and who is now in our custody denies the meeting took place. Further, they assess that Atta is ``unlikely'' to have ever sought such a meeting because of the substantial risk that it would have involved. The full CIA response is attached. As we learned Tuesday, the 9/11 Commission reviewed all of the intelligence, including investigations by both U.S. and Czech officials, and indeed all of the intelligence that the Vice President received, and stands by its conclusion that the meeting did not occur. The CIA and 9/11 Commission staff statements are not equivocal; while it is impossible to disprove a negative, after a systematic and thorough review of the evidence it is their judgment that the meeting was unlikely or did not take place. However, the [[Page S7813]] Vice President continues to simply claim that the evidence is some how ambiguous or unclear, and leaves out the conclusion of the CIA. On June 17, Vice President Cheney said that ``we just don't know'' whether the meeting took place. He went further to suggest that the report has ``never been refuted,'' but acknowledged that the only piece of evidence he'd ever seen to support an Iraq connection to September 11 was ``this one report from the Czechs.'' This is the one report from the single source that the CIA now publicly acknowledges has been called into question. Earlier this year in a January 9, 2004 interview with the Rocky Mountain News, Vice President Cheney said that, after the initial Czech report of a meeting, ``we've never been able to collect any more information on that.'' But again, this is simply not true: the 9/11 Commission lays out information that was gathered by the FBI that places Atta in the United States during the week of the alleged meeting in Prague, and the CIA clearly had information about the unreliability of the source as well as the refutation by the other purported party in the meeting. In his numerous public statements Vice President Cheney has not been reflecting the view of the Intelligence Community on the issue of the Atta meeting. On what information has the Vice President been relying? Outside of the Intelligence Community, the only other U.S. government source of information I know on the Iraq-al Qaeda connection, including the alleged Atta meeting in Prague, is the Office of Under Secretary of Defense for Policy Douglas Feith. Under Secretary Feith has acknowledge that his office provided information to Vice President Cheney's office on these matters. In the summer of 2002, Under Secretary Feith prepared several versions of a classified briefing on the Iraq-al Qaeda relationship. The briefing was given first to Secretary of Defense Rumsfeld, then to Director Tenet and the CIA in August, and finally to the staffs of the Office of the Vice President (OVP) and the National Security Council (NSC) in September. The version of the briefing given to Vice President Cheney's staff included three slides that were not included in the version given to the CIA. One of those slides, which has since been declassified at my request and is attached, was critical of the way the Intelligence Community was assessing the Iraq-al Qaeda relationship. Under Secretary Feith has acknowledged to Armed Services Committee staff that he added two other slides which concerned the Atta meeting issue, and which were not part of the briefing given to the CIA. The two slides remain classified despite my request for declassification. The Atta meeting is, unfortunately, not the only instance in which the Vice President appears to have relied on analysis other than that of the Intelligence Community. As the Intelligence Committee report to be released tomorrow will indicate, the CIA intelligence was way off, full of exaggerations and errors, mainly on weapons of mass destruction. But it was Vice President Cheney, along with other policymakers, who exaggerated the Iraq-al Qaeda relationship. weekly standard article on iraq-al qaeda cooperation On January 9, 2004, Vice President Cheney told the Rocky Mountain News that, on the question of the relationship between Iraq and al qaeda, ``one place you ought to go look is an article that Stephen Hayes did in the Weekly Standard here a few weeks ago, that goes through and lays out in some detail, based on an assessment that was done by the Department of Defense and forwarded to the Senate Intelligence Committee some weeks ago. That's your best source of information.'' The article to which Vice President Cheney astonishingly enough referred as the ``best source of information'' says it was based on a leaked Defense Department Top Secret/Codeword document. Aside from the sense of wonder that is engendered when the Vice President seems to confirm highly classified leaked information by calling it the ``best source'' of information, the Intelligence Community did not even agree with the Defense Department document on which the Weekly Standard article was purportedly based. On March 9th, when I asked Director Tenet, the Director of Central Intelligence, about Vice President Cheney's comments, allegedly based on the classified Defense Department document, he said that the CIA ``did not agree with the way the data was characterized in that document.'' He also said that he would speak to Vice President Cheney, to tell him that the Intelligence Community had disagreements with the Defense Department document. The document in question was prepared by Under Secretary Feith. It was very similar to the series of briefings that Under Secretary Feith had provided to Secretary of Defense Rumsfeld, then to Director Tenet and the CIA, and finally to the staffs of the Office of the Vice President and the National Security Council in the summer of 2002. other examples of exaggeration by vice president cheney Unfortunately, these are not the only cases where the Vice President, as just one key Administration spokesman, has exaggerated or misstated the intelligence on issues related to Iraq. In fact, they are just two examples of a consistent pattern of such exaggeration where the policymakers--not the CIA--were the exaggerators, before and after the start of the war, and continuing up to the present. There are others. iraq's mobile biological weapons vans As late as January 22, 2004, Vice President Cheney said to National Public Radio that ``we know for example 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.'' He concluded by saying ``I would deem that conclusive evidence, if you will, that he did in fact have programs for weapons of mass destruction.'' That is not what the Intelligence Community believed at the time. David Kay, the CIA's chief inspector in Iraq said the previous October that the Iraq Survey Group had ``not yet been able to corroborate the existence of a mobile BW [biological warfare] production effort,'' and that it was still trying to determine ``whether there was a mobile program and whether the trailers that have been discovered so far were part of such a program.'' When I asked Director Tenet about Vice President Cheney's comments, he said he had spoken to him about it, to tell him that was not the view of the Intelligence Community. aluminum tubes for nuclear weapons On September 8, 2002, Vice President Cheney made an unqualified statement about the aluminum tubes on Meet the Press: ``He [Saddam] is trying, through his illicit procurement network, to acquire the equipment he needs to be able to enrich uranium to make the bombs.'' Tim Russert: ``Aluminum tubes.'' VP Cheney: ``Specifically aluminum tubes. . . . it is now public that, in fact, he has been seeking to acquire, and we have been able to intercept and prevent him from acquiring through this particular channel, the kinds of tubes that are necessary to build a centrifuge. . . . But we 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.'' There was a fundamental debate within the Intelligence Community before the war as to the intended purpose of the aluminum tubes that Iraq was trying to import. The Department of Energy, the Nation's foremost nuclear weapons experts, and the State Department's Bureau of Intelligence and Research, did not believe the aluminum tubes were for centrifuges to make nuclear weapons. Instead, they believed they were for conventional artillery rockets. But Vice President Cheney did not acknowledge any division within the Intelligence Community. He stated that the U.S. knew ``with absolute certainty'' that Iraq was trying to obtain the tubes for nuclear weapons purposes. Tomorrow the CIA will be properly called to account for their failures expressed in Phase I of the Intelligence Committee report. Phase II will follow, regarding the policymakers' use of intelligence. The CIA's belated public acknowledgment to my earlier question that the Intelligence Community has no credible evidence of an Iraqi-al Qaeda meeting in April 2001 dramatizes the need for that Phase II review. ____ Fundamental Problems With How Intelligence Community Is Assessing Information Application of a standard that it would not normally obtain: IC does not normally require juridical evidence to support a finding. Consistent underestimation of importance that would be attached by Iraq and al Qaeda to hiding a relationship: Especially when operational security is very good, ``absence of evidence is not evidence of absence''. Assumption that secularists and Islamists will not cooperate, even when they have common interests. ____ U.S. Senate, Committee on Armed Services, Washington, DC, February 12, 2004. The Vice President, The White House, Washington, DC Dear Mr. Vice President: I am writing about two intelligence matters related to Iraq: the first concerning weapons of mass destruction, and the second concerning alleged cooperation between Iraq and al Qaeda. On January 22, 2004, you made the following comment during an interview with National Public Radio concerning two trailers in Iraq: ``we know for example 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. . . . I would deem that conclusive evidence, if you will, that he did in fact have programs for weapons of mass destruction.'' In his speech on February 5, 2004, Director of Central intelligence George Tenet said that ``there is no consensus within our community over whether the trailers were for that use [biological weapons] or if they were used for the production of hydrogen.'' David Kay, former leader of the Iraq Survey Group, testified to Congress on October 2, 2003 that ``we have not yet been able to corroborate the existence of a mobile BW [biological warfare] production effort.'' He indicated that the ISG was still trying to determine ``whether there was a mobile program [[Page S7814]] and whether the trailers that have been discovered so far were part of such a program.'' In July, David Kay was interviewed by BBC television for a program that aired in England in late November, and here in the United States on January 22, 2004. In response to a question as to whether he thought it had been premature for the Administration to assert in May that the two trailers were intended to produce biological weapons agents, Kay said ``I think it was premature and embarrassing.'' He said ``I wish that news hadn't come out,'' and concluded ``I don't want the mobile biological production facilities fiasco of May to be the model of the future.'' On January 28, 2004, Dr. Kay stated in testimony before the Senate Armed Services Committee that ``I think the consensus opinion is that when you look at those two trailers . . . their actual intended use was not for the production of biological weapons.'' Given those assessments, I would appreciate knowing what is the intelligence basis for your statements that ``we're quite confident [Saddam] did, in fact, have such a [mobile biological weapons labs] program,'' that the trailers ``we believe were, in fact, part of that program,'' and that those trailers are ``conclusive evidence'' that Iraq ``did, in fact, have programs for weapons of mass destruction?'' I would be pleased to receive that information on an unclassified or classified basis. With respect to the second intelligence issue, during your interview with the Rocky Mountain News on January 9, 2004, you recommended a source of information relative to the issue of whether there was a relationship between al Qaeda and Iraq: ``One place you ought to look is an article that Stephen Hayes did in the Weekly Standard here a few weeks ago, that goes through and lays out in some detail, based on an assessment that was done by the Department of Defense and was forwarded to the Senate Intelligence Committee some weeks ago. That's your best source of information'' That article states that it is based on ``a top secret U.S. government memorandum'' prepared by the Defense Department, which was purportedly leaked to the Weekly Standard. The article then goes on to describe in detail and quote extensively from the document it says was leaked. On October 15, 2003, the Defense Department had issued a News Release about the article that seems to disagree with what you said. According to the Defense Department, ``News reports that the Defense Department recently confirmed new information with respect to contacts between al Qaeda and Iraq in a letter to the Senate Intelligence Committee are inaccurate.'' Furthermore, the DOD news release noted that the ``classified annex'' sent by the Defense Department to the Senate Intelligence Committee ``was not an analysis of the substantive issue of the relationship between Iraq and al Qaeda, and it drew no conclusions.'' I would appreciate if you would advise whether you were quoted accurately. I look forward to your reply. Sincerely, Carl Levin, Ranking Member. Mr. LEVIN. Mr. President, I yield the floor and suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The legislative clerk proceeded to call the roll. Mr. CHAMBLISS. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER (Mr. Coleman). Without objection, it is so ordered. 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