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.

[...]