Congressional Record: February 3, 2004 (Senate)
Page S527-S531
INTELLIGENCE OPERATIONS
Mr. CORZINE. Mr. President, I rise to speak on an issue about which I
have spoken a number of times and which I passionately believe needs to
be addressed--frankly, it is one that is well past the maturation stage
where it should have been addressed--and that is an independent look at
our intelligence operations, particularly as they relate to the pre-
Iraqi invasion and how conclusions were drawn, so that can speak to the
American people about the facts we had.
It is an issue which I think is essential to the national security of
the American people. If we don't learn from our mistakes, we are bound
to make those mistakes again. It is high time we have gotten around to
it.
In the past few days, the administration and the world have come to
understand and acknowledge on a broad basis the colossal intelligence
failures that led us to war, a war that may have led to good ends, but
the Nation clearly didn't come to those conclusions on the basis of the
information we now seem to be discovering.
There is a question about means to an end that I think is pretty
simple in the kinds of discussions I think all of us have in the
families and in the communities in which we live. I don't think we want
to get into a position where means justify ends when they don't relate
to them. I just point that out as some of this discussion has evolved.
On January 8, Secretary of State Colin Powell addressed the lack of
connection between Iraq and al-Qaida, stating;
I've not seen a smoking gun, concrete evidence about that
connection.
We were told something different.
Then the President, in his latest State of the Union Address,
referred only to weapons of mass destruction and related program
activities, whatever that is--a far cry from the active nuclear program
and stockpiles of chemical and biological weapons warned of in his last
State of the Union Message in 2003.
It was last week's testimony from David Kay, the man responsible for
the weapons search in Iraq, that finally brought this matter to
maturity and captured the attention of the Nation, the administration,
and the world, and that has really changed the whole context of this
debate and discussion.
Dr. Kay, a man who told us last fall that Iraq's nuclear programs
were only at the most rudimentary level, told the Senate Armed Services
Committee there was no evidence of stockpiles of chemical or biological
weapons.
David Kay has made an important recommendation--one that I think has
been obvious for a number of months--that an independent inquiry be
established so that the American people, so that the allies of the
United States and those who would work with us, so that all of us who
are involved in policymaking know we have the facts that allow us to
make good decisions so that we are not committing the lives of our men
and women in our military to efforts that are based on false premises,
whether those are intentional or unintentional.
We need to have the right answers, and that recommendation apparently
has now led--some might say forced--the President to announce he will
name a panel to look at the intelligence issues related to Iraq.
I welcome the President's reversal on this critical need, and I
suspect we will
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see a reversal of support for that concept among my colleagues, about
which there have been some healthy debates in the last months.
This is about the Nation's national security, make no mistake. We
need to understand on a collection basis, on an analysis basis, and,
yes, on a use basis, just exactly how we got to the kinds of
conclusions we did. The means need to be understood so that we can
connect them with the end, so that we don't make the same mistakes
again and again.
I have serious concerns, however, at least from early reports about
what the details of the President's plan for this commission will be,
that the response is inadequate--I think seriously inadequate. This
needs to be an independent commission.
How do we get to an independent commission? How do we make certain
that the judgments we get are not designed or at least limited to only
a mission defined by those we are actually looking at? And second, will
that commission be allowed to explore the use of intelligence, or the
misuse, if you will?
I haven't seen the details. I don't think any of us have. We are
reading press reports. But if they are true, it would give the
appearance that we don't want to have a commission that is going to
deal with the fundamental crux of a lot of these questions. Quite
obviously, if we don't deal with the crux of the questions, then are we
going to get results that create credibility with the American people,
with this body, with the world, on whom we need to count to do things
as we go forward? Are we going to get to those kinds of conclusions?
If that is not the case, then I don't think we are headed in the
right direction. I am very afraid we are moving into something that may
satisfy a call for a commission to investigate our intelligence, but
not yet at the fundamental problems that led us to this particular
decision in Iraq, but also can be and may have well been replicated in
other areas.
I actually think the President is right to talk about it in a broader
context. It is just an issue of, sequentially, which one do we look at
first. Even by the inspection on the ground, we are told that 15
percent of the issues haven't been examined on the ground in Iraq. We
need to deal with where our men and women are being killed now, as
opposed to putting off and putting together all of these various
issues.
We have what some people might say is a tactical issue with respect
to Iraq and a strategic problem with our intelligence operations in a
more general context. Fine, we should look at a broader scope of issues
to get to the restructuring of our intelligence operations, but we need
to deal with the reality of, how did our intelligence serve us so
poorly, how were the conclusions so far off the mark? Was there a
problem with collection? Was there a problem with analysis? Or was
there a problem in selectivity and use of the intelligence provided?
As I said, it was last summer when I first offered legislation to
establish an independent commission. I think we ought to get to a truly
bipartisan, independent commission, one that is not unlike what we see
with the 9/11 Commission, headed by the former Governor of New Jersey,
a Republican, who is doing, in my view, an incredible service to our
Nation. It is a diligent, independent, bipartisan approach to find out
the facts that led to that tragedy with which all of us live each and
every day, whether it is in your local hometown, like it is the case in
mine, or whether it is in the broader context of the Nation.
Given the fact that we have had Presidential claims that Iraq had
sought to purchase uranium in Africa, which could not be justified or
substantiated by intelligence, is enough to ask the question whether
intelligence was properly used. It clearly was not, because the
President himself has denied that that should have been in the State of
the Union.
So how did that intelligence get misused? How did that come about?
Similarly, with regard to the aluminum tube issue, on which a whole
host of folks have spoken out both publicly, and I have read some
things privately, that call into question whether that was ever a
viable concept for intelligence to be used as one of the justifications
for entering into this conflict.
How can that happen? We need to have certainty and independence in
judging how we got to the collection, the analysis, and the use of the
intelligence. I think that is important if we are going to go forward
with certainty and credibility with regard to our efforts in using our
intelligence for proper and effective policy formulation in the years
ahead. We need it so we can speak to the world with credibility, and it
will not take place, in my view, if we do not have that independent
commission.
So I want to reemphasize the point that use of the information is
also very important. We have seen time after time, and opinion after
opinion, of a number of people, outside of the David Kay remarks, that
much of the use has actually been disputed within the intelligence
community. I cite in particular an officer from the State Department,
Gregg Thielmann--and I will try to get his particular title--who has
made the assertion that we are basically operating under faith-based
interpretations of a lot of information. He goes back and cites the
Nigeria uranium and the use of aluminum tubes, disputes about
stockpiles that were reported, and many elements of different
perspectives with regard to the intelligence that was available to
policymakers.
How did we get such a one-sided view? I think some people would argue
it might be misuse. Some may argue it is selectivity. I think we need
an independent commission so we can get to the bottom of these. I think
we need to understand how the administration could make public
statements that contradicted some of the analysis or failed to
incorporate the balance that was actually involved in the communities'
reports. Why did these reports Congress mandated under the very
resolution that granted the President the authority to go to war
include some of those unsubstantiated claims I talked about? Were
members of the intelligence community pressured to produce analyses
that conformed to the administration policies? They even set up an
extra body within the Defense Department to derive points of view that
would be used in the Defense Department independent of traditional
agencies that are involved in the intelligence. Did the administration
officials seek to bypass that normal process by cherry-picking?
I think all of these questions are real and they are ones that need
to be independently analyzed. There are plenty of outside experts. I
think a lot of people have heard about the Carnegie Endowment study
that reported last week, and I quote:
Administration officials systematically misrepresented the
threat from Iraq's WMD and ballistic missile programs.
They may not have all of the information. That is why we need a
commission to straighten this out and to give us all confidence that we
can go forward.
I spoke about Mr. Thielmann, who was the former director of the
Office of Strategic Proliferation and Military Affairs in the State
Department. He is incredibly offended by the difference between the
information he saw and presented to the Secretary of State, as the one
who is responsible for collating that, and what he has seen stated in
the public. So how did those kinds of differences come to pass? Why are
we dealing with such discrepancies?
The commission I proposed would be established by law independent of
any executive orders to change its mission, change its role, change its
scope. Its members would be selected by the leadership of both parties,
balanced, kind of like the 9/11 Commission which I think people would
argue as being very independent and is on the right track; receive an
independent budget so there would not be issues about how thoroughly
they might be able to pursue particular avenues of research; and would
be directed to examine every aspect of this critical problem; obviously
all elements of the collection, all elements of the analysis, and all
elements of use from top to bottom, from our intelligence operatives to
the White House.
By the way, in my view, Congress looks to provide the checks and
balances that are expected through our constitutional offices.
I think this commission should be thorough and we need an end result
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that gives us all confidence that when we make decisions that send
120,000, 130,000 or 150,000 of our men and women into battle that they
are fighting a war based on information that was intended to give pure
advice as best understood. I do not think the looking back--20/20
hindsight is always better, but looking back, one has to question
whether the claims that Saddam Hussein posed a dire and immediate
threat to the United States were real. It is important that we have a
full examination, particularly when there were other alternatives that
would not have necessarily cost American lives, such as continued
pursuit of U.N. inspections which were claimed to have been
ineffective, further diplomacy pointless, when in fact apparently all
of those efforts at U.N. inspections and other things had actually been
successful. There has been a huge failure, one that is very real in the
lives of the families who have given up their sons and daughters, and I
think one that morally requires we have an independent, bipartisan
commission that gets to answers independently of any of us who have
been involved in the decisionmaking, because if we do not have that I
think we are going to always have questions of credibility as we go
forward.
So I hope we can work together. I certainly intend to offer either on
a stand-alone basis or in an amendment format an additional opportunity
to support a truly independent and bipartisan commission that can get
to the bottom of something I think is fundamental to the national
security of this Nation, and make sure all of our sons and daughters
are fighting wars and protecting America with the kind of information
that is there for the best interests of us executing our policies, not
for the best execution of our political desires.
I yield the floor.
The PRESIDING OFFICER. The Senator from Missouri.
Mr. BOND. Mr. President, I want to answer some of the concerns raised
by my colleague from New Jersey. Basically what he is describing is the
Intelligence Committee. For 8 months, our staffs have interviewed over
200 people. They have gone through thousands of pages of documents. We
have investigated all of the charges and all of the concerns that have
been raised.
There will be a preliminary report provided to the members of the
Intelligence Committee on Thursday. Starting afresh with another
congressional commission is not warranted. The report of the
Intelligence Committee has not been seen.
There are certain things that we know we have seen supported. I
believe everybody believes David Kay is credible. When he testified
before the Senate Armed Services Committee on January 28 this year, he
said: I think the world is far safer with the disappearance and the
removal of Saddam Hussein. I have said I actually think this may be one
of the cases where it was even more dangerous than we thought. I think
when we have the complete record you are going to discover that after
1998 it became a regime that was totally corrupt, individuals were out
for their own protection. In a world where we know others are seeking
WMD, the likelihood at some point in the future of a seller and buyer
meeting up would have made that a far more dangerous country than even
we anticipated with what may turn out not to be a fully accurate
estimate.
There is no question about it not being a fully accurate estimate.
This is one of the areas where I think all of us would agree, we did
not have as good intelligence as we should have. We didn't have as good
intelligence in the 1990s, when we should have. And President Clinton,
on February 17, 1998, said:
If Saddam rejects peace and we have to use force our
purpose is clear. We want to seriously diminish the threat
posed by Iraq's weapons of mass destruction program.
Secretary of State Madeleine Albright, a day later, said:
Iraq is a long way from here but what happens there matters
a great deal here. For the risks that the leaders of a rogue
state will use nuclear, chemical or biological weapons
against us or our allies is the present greatest security
threat we face.
Sandy Berger, the National Security Adviser, said on that same day:
He will use those weapons of mass destruction again as he
has 10 times since 1983.
All of the people who are making these statements have access to the
intelligence information that we as Senators get. We realize, based on
what David Kay stated, that we badly underestimated the ballistic
missile capability. As a matter of fact, Senator Graham of Florida was
prescient in a letter he wrote. In a letter dated December 5, 2001,
signed by many others, he said:
There is no doubt Saddam Hussein has reinvigorated his
weapons program. Reports indicate biological, chemical and
nuclear programs continue apace and may be back to prewar
status. In addition Saddam continues to redefine ``delivery
system'' and is doubtless using the cover of a licit missile
program to develop long range missiles that will threaten the
United States and our allies.
That one was right on the mark because that is what we found.
What are the needs? Obviously, when there are not people who speak
Arabic, when we do not have unofficial agents in the country, we are
missing out on one of the important elements of a good intelligence
program. But, you know something. It is not just Iraq. We didn't know
how far Libya was along until Muammar Qadhafi, not wanting to be pulled
out of a spider hole by an American soldier standing over him with a
grenade, decided he would come clean. We were unaware of how far Iran
has gone. And, clearly, prior to the first gulf war, we did not know
just how far advanced Saddam Hussein's programs were.
We also know--and David Kay was clear about this--that we cannot
account for weapons of mass destruction that he had. There didn't have
to be a large stockpile. A suitcase full of anthrax or ricin, or even a
handful, can be a great terrorist weapon, and we will be lucky if we
find that small amount, particularly after you look at the lengthy
program of denial, deception, and destruction in which he engaged.
There is a lot of intelligence that was lacking with respect to
Saddam Hussein. We have to do a better job. The purpose of the Senate
Intelligence Committee, one of five or six committees already
investigating it, is to find out not only what we lacked but also to
recommend changes because the one area on which we would agree is that
we have to have a better system of intelligence. What we learn is going
to put us on that track.
I know the staff has worked hard. I am looking forward to the report.
I will be surprised if it does not confirm what David Kay says and lay
out some recommendations. The President has a responsibility as well.
We have an oversight responsibility. If he wants people to look at it,
to tell him how to improve it: Good luck. Go ahead. But we have the
Iraqi Survey Group, internal investigations, and I believe probably the
best investigation is what the Senate Intelligence Committee has done.
I apologize. I know my colleague from Illinois wants to speak so I
will yield the floor.
Mr. CORZINE. Will the Senator from Missouri be willing to take a
question with regard to the Senate Intelligence effort?
Mr. BOND. I will be happy to.
Mr. CORZINE. First of all, I compliment him. I am quite supportive of
the Senate Intelligence Committee doing a total rundown on both the
collection and the analysis that led both to the Iraq situation and
some of the failures he mentioned with regard to Iran and Libya and
different points of view. God knows the Pakistani dissemination of
technology we have read about in the newspapers in recent months is a
pretty horrific proliferation issue about which I think all of us
should be concerned.
But there is this fundamental issue of whether intelligence has been
misused and whether we are getting the checks and balances in looking
at the collected and analyzed information. Are we looking at the full
range of possibilities?
I ask my colleague from Missouri, am I correct that the chairman of
the Senate Intelligence Committee said that studying the use of the
intelligence information was really not part of the efforts the Senate
Intelligence Committee would take on in this process? I think the
record would be specific. But is that the case or not?
The PRESIDING OFFICER. The Senator from Missouri.
Mr. BOND. Mr. President, to respond to that question, what the
Intelligence Committee looks at is what is the intelligence that was
gathered. There
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have been some suggestions that the intelligence was influenced or
colored by pressure from the administration. David Kay said absolutely
not. He said he talked to the analysts, there was absolutely no
information--there was absolutely no information--and he said that
really the intelligence community owes an apology to the President--and
I would say to the American people--for not having done it better. But
they are dealing with a very inexact science.
If you follow what other elected officials had said prior, during the
1990s, 2001, 2002--what they were saying shows that they used the same
intelligence. We are looking at the intelligence, the national
intelligence estimates and all those things. We look at it, and if you
want to second-guess, if you want to argue that we should not have gone
into Iraq, I think David Kay answers that and says the world is far
safer. It was a much more dangerous situation than we thought.
Yes, there are errors. There are areas where we overestimated his
capability. There are areas where we underestimated his capability. But
the fact remains that Saddam Hussein had so much weaponry, it is going
to take 18 months just to destroy it. He still may have chemical and
biological weapons. We look at what the intelligence is.
The PRESIDING OFFICER. The time of the Senator has expired.
Mr. DURBIN. I ask unanimous consent to be recognized in morning
business for 30 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DURBIN. Mr. President, let me say at the outset I commend my
colleague from New Jersey, Senator Corzine, who came to this floor
several months ago and said we need an independent commission to look
at the intelligence that led up to an invasion of Iraq, and the use of
that intelligence, and called for a vote on that issue. I don't
remember the final outcome of that vote, but I know I stood with him
because I thought it was the right thing to do. Many people on our side
of the aisle and the other side of the aisle resisted that suggestion,
saying the Senate Intelligence Committee would be able to do this
investigation.
But the Senator from New Jersey has hit the nail on the head. Senator
Roberts, the chairman of the Senate Intelligence Committee, made it
clear long ago that our committee, the Senate Intelligence Committee,
would not look into the use of intelligence but, rather, whether it was
accurately gathered and presented to the policymakers. That is a
critically important question and one that would be part of any valid
investigation.
But equally important, if not more, is whether or not that
information, once given to the policymakers, was honestly communicated
to the American people. I can think of nothing worse in this open forum
of government than to have the suggestion that there were
misrepresentations made to the American people on something as critical
as a decision to invade a sovereign nation. That is the question before
the Senate.
This week's Newsweek cover story is based on Dr. David Kay's
testimony last week before Congress. It has pictures of the leaders of
the Bush administration and the quote from Dr. Kay, ``We Were All
Wrong.''
The obvious question is, Where was the error made? Was it just in the
collection of intelligence data or was it in the portrayal of that
data, the description of that data to the American people? That is a
painful question and a delicate question but an important question.
Senator Corzine has said for many months we need to have people come
and ask that question, both questions, in an honest and bipartisan way.
I salute him for his leadership on this issue. I know he has been
frustrated by the rejection of the Senate for his proposal, but now it
is full circle. Now, even the President, who once opposed him, says it
is time to move to a commission.
Mr. CORZINE. Will the Senator yield?
Mr. DURBIN. I am happy to yield.
Mr. CORZINE. It seems to me it is absolutely essential we understand
how the President of the United States can put those 16 words--which
were in absolute conflict with the information that generally was
available in the Intelligence Committee, if I read that properly--into
the State of the Union Message of 2003 with regard to aluminum tubes
and with regard to uranium and then later the whole discussion,
particularly Secretary Powell's presentation to the U.N. of the use of
aluminum tubes. This was also in very strong contradiction to much of
the information that is now available. We could go on, with unmanned
aerial vehicles and a whole series of other issues.
So somehow or another there were disputes about the response that one
should make with regard to collection and analysis of data. And that
gets at the fundamental question of how did we use or misuse the
intelligence that was presented. To not come up with an answer that is
credible to the American people, credible to policymakers in this body,
and credible to our allies and the world community is a failure of
leadership on our part. It becomes absolutely essential that any
independent commission needs to deal with the use, not just the
collection and analysis.
Is that how the Senator from Illinois feels?
Mr. DURBIN. Yes, which is why I supported the early resolution. I
hope the Senate will return to that. I hope we can find a way to choose
people who are fair arbiters. There is a fear on the other side that
something will be done to embarrass the administration before an
election, especially a feeling we should let the chips fall where they
may. Can't we find people in this country--I think we can--who will be
honest, dispassionate, and nonpartisan?
At issue is not just a question of who comes out ahead on the
political ledger sheet. The question before the Senate is one of the
most important elements for America's national defense and security. If
we had planes being flown in Iraq that were crashing, if we had tanks
that could not shoot straight, if we had a lot of equipment over there
that was failing, we would hear very quickly from the press, from the
public, from the Pentagon, that we need an investigation.
Here we have a failure of something equally important, a failure of
intelligence. We need to get to the bottom of it. If we are going to be
successful in any war on terrorism, we need the very best intelligence
in the world. Clearly, our intelligence failed us in the leadup to the
invasion of Iraq.
We find ourselves today in a situation which is likely to be long
term, costing American taxpayers $1 billion a week but, more
importantly, continuing to cost American lives. That is a compelling
reason to move on this with dispatch.
I sincerely hope Senator Corzine's suggestion is followed up on as
quickly as possible.
Mr. DORGAN. Will the Senator yield?
Mr. DURBIN. I am happy to yield.
Mr. DORGAN. I ask the Senator from Illinois if it is not the case
that the gathering of intelligence--today, tonight, tomorrow morning,
yesterday--might be the very function that determines whether our
country is able to determine and prevent a future terrorist attack
against our country; isn't the intelligence-gathering system that
important?
Mr. DURBIN. I say to the Senator from North Dakota, more important
than it has ever been, since September 11. It is only with valid,
credible, good intelligence that we are able to anticipate someone who
is trying to cause harm to the American people or to strike us in our
territory or to, frankly, attack our special interests around the
world. Intelligence is a critical part of our national defense.
Mr. DORGAN. I inquire if the gathering of intelligence is so
critical--and the Newsweek magazine describes it as a failure in the
description by Mr. Kay, the top weapons inspector--if, in fact, it is a
failure, then I would expect that the President of the United States,
the Congress, and the American people would demand, on an urgent basis,
that we figure out what happened, what is wrong, and how to fix it. Not
later, now. The safety and security of this country depends on it.
With respect to the issue of intelligence, we ought to now
understand, having the vision in the rearview mirror, the issue is not
what we think but, rather, what we know when a country changes a
doctrine, as the President did, with respect to preemptive attacks. If
you talk about preemption
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you better know things rather than think things.
I went back and reread the presentation to the United Nations by the
Secretary of State. When he made that presentation, I thought to
myself, that is a masterful presentation. And what he did,
interestingly enough, is say: We know the following; we know the
following; we know. And he put pictures up and he put up pieces of
information--we know this from human resources; we know this from
inspections; we know this from satellite photos.
They did not know it. What he said we knew turns out to have been
fundamentally wrong.
So it seems to me the President, the Congress, and the American
people ought to demand on an urgent basis there be an independent
commission to find out what on Earth happened and how do we fix it.
Let me make one final point, if I might. Can there really be an
independent commission, when a President, who did not want a commission
in the first place, and said in recent weeks he did not want a
commission, now will say our executive branch and our administration
will create a commission that is independent? Can that really be a
commission? Or is it not the case that a truly independent commission
would be one that follows the course that we usually follow on urgent
issues, and that is, we put in law, a law from Congress, that creates
and funds a commission and creates a truly independent body to take a
hard look at what happened.
The executive branch cannot possibly have a commission that
investigates itself. This is not about politics. There is no political
way to talk about safety and security of the American people and our
great reliance on intelligence.
This is not about Republicans or Democrats. This is about the future
of this country and getting it right. It is critically important.
The Senator from New Jersey and what he has been talking about for
months about this independent commission is right on the mark, as is
the Senator from Illinois. I am pleased to join him in this discussion
about how important intelligence really is.
I ask that 10 minutes be added to the Senator's allocation for his
presentation.
Mr. DURBIN. I think the Senator said something important in relation
to the September 11 commission, a commission which is headed up by
former Republican Governor Kean of New Jersey, which has asked for an
extension of time, so on a bipartisan basis they can ask all the
questions as to whether or not we did anything wrong that led up to
September 11, and what we could have done to prevent it.
Former President Bill Clinton said to a gathering of Senators, I am
prepared to testify before that commission. I am prepared to cooperate
with them completely. If there was any shortcoming or failing in my
administration, so be it. It is more important that the American people
know that we have done everything in our power to make this a safer
nation.
That should be the attitude of all Members. We should swallow our
political pride and say this is not about partisanship. If an error was
made by any President, Democrat or Republican, which has put us in
harm's way or endangered America's security, don't we deserve to know
that? The fact that the Senate Intelligence Committee has drawn a line
and said they are not going to even ask the question as to whether the
intelligence was misused by any member of the Bush administration tells
me they are being politically protective. They are protecting the
political interests of the White House instead of the paramount
concern, which should be protecting the American people.
I hope, frankly, there is an independent commission that asks hard
questions of those in the Clinton administration and President George
W. Bush's administration and any administration that might have some
bearing on the intelligence capacity of America and on the protection
of this great Nation. I thank the Senators who joined in on this
important issue.
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