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Thread: Who Is John Negroponte?

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    Who Is John Negroponte?

    Who Is John Negroponte?

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    June 30, 2002
    The Bush administration vetoes a UN Security Council Resolution that would have extended the UN peacekeeping mission in Bosnia for the next six months. The Council however agrees to extend the mission’s mandate for 72 hours, during which time it hopes members will be able to resolve a dispute with the US. [Boston Globe, 7/1/2002; BBC, 7/1/2002; BBC, 7/1/2002] The Bush administration vetoed the resolution because UN Security Council members did not accept a proposal (see June 2002) that would grant indefinite immunity from prosecution by the International Criminal Court (ICC) (see July 17, 1998) (which opens on this day) to all UN peacekeeping military personnel who are from nations that do not accept the court’s jurisdiction. Explaining Washington’s veto, US Ambassador to the UN John Negroponte explains, “With our global responsibilities, we are and will remain a special target, and cannot have our decisions second-guessed by a court whose jurisdiction we do not recognize.” [Boston Globe, 7/1/2002; BBC, 7/1/2002; BBC, 7/1/2002] If a compromise cannot be reached, UN peacekeeping forces will have to leave Bosnia. A failure to renew the UN mandated mission in Bosnia could also affect Nato’s 19,000-strong Stabilization Force in Bosnia, or S-For, which includes 3,100 Americans. “Although S-For does not legally require a Security Council mandate, some of the 19 countries contributing to it have indicated they will withdraw their troops without one,” the BBC reports. [BBC, 7/1/2002]

    July 12, 2002
    After much debate, the UN Security Council adopts Resolution 1422 under pressure from the United States. The resolution delays, for a period of twelve months, the prosecution and investigation by the International Criminal Court (ICC) of any UN peacekeeping personnel accused of war crimes. After one year, the delay can be extended with the passage of another resolution. The privilege applies only to personnel from states that are not party to the Rome Statute. [United Nations, 7/12/2002; New York Times, 7/13/2002] The US had previously demanded a permanent exemption (see June 2002), which was strongly opposed by the other members. The US proposed Resolution 1422 as a compromise and threatened to block future resolutions extending UN peacekeeping missions, beginning with ones in Bosnia and the Croatian peninsula of Prevlaka, if the Security Council did not adopt it. [New York Times, 7/11/2002; New York Times, 7/12/2002; New York Times, 7/13/2002] Immediately after adopting Resolution 1422, the council extends the mandates for the two UN peacekeeping missions. [New York Times, 7/13/2002] Afterwards, John Negroponte states: “Should the ICC eventually seek to detain any American, the United States would regard this as illegitimate—and it would have serious consequences. No nation should underestimate our commitment to protect our citizens.” [New York Times, 7/13/2002]

    Excerpts
    “This is totally unacceptable. This is the lowest level the United States has sunk to in its leadership at the United Nations.… It is also an attempt to undermine the integrity of the Rome Statute, the mandate of the Security Council and international law.” — (July 12, 2002) [Inter Press Service, 7/12/2002]

    “The Bush administration rolled a diplomatic tank over the International Criminal Court statute via an unlawful Security Council resolution..” — (July 12, 2002) [New York Times, 7/13/2002]

    “Prosecution for the gravest crimes should not be subject to delay or obstruction.” — (July 11, 2002) [New York Times, 7/12/2002]

    October 21, 2002
    US Ambassador to the UN John Negroponte provides the five permanent members of the UN Security Council with a revision of the UN draft resolution on disarming Iraq. [Associated Press, 10/21/2002; Daily Telegraph, 10/22/2002] The Bush administration makes it clear that it expects the UN Security Council to vote on this draft of the resolution soon and signals that US officials are losing their patience with other member states. State Department Spokesman Richard Boucher, states, “We’re also making clear it is time to wrap this up.” [Associated Press, 10/21/2002] Similarly, Ari Fleischer tells reporters the following day, “It’s coming down to the end. The United Nations does not have forever.” [White House, 10/22/2002] The same day, Bush will say in a Pennsylvania speech: “The United Nations can’t make its mind up. If Saddam won’t disarm, we will lead a coalition to disarm him for the sake of peace…. [The United Nations] must resolve itself to be something more than the League of Nations, must resolve itself to be more than a debating society, must resolve itself to keep international peace.” [CNN, 10/22/2002; US President, 10/28/2002] Summing up US feelings, an unnamed official tells the New York Times that the administration’s message to the other permanent members is, “You’re either with us or against us.” [New York Times, 10/23/2002]
    • The revision drops the words “all necessary means,” stipulating in its place that Iraq’s failure to abide by the new resolution would result in “serious consequences.” [Associated Press, 10/21/2002; Associated Press, 10/21/2002; Washington Post, 10/23/2002; New York Times, 10/23/2002]
    • The revision does not require that UN inspectors be accompanied by armed guards, a requirement in the earlier draft which many current and former UN inspectors opposed. [Associated Press, 10/21/2002; New York Times, 10/23/2002]
    • A provision in the previous draft requiring that member states help the UN enforce “no-fly” and “no-drive” zones around the inspection sites remains in the draft resolution, but in brackets, suggesting that the US and Britain are willing to negotiate on this point. [Associated Press, 10/21/2002; Daily Telegraph, 10/22/2002; New York Times, 10/23/2002]
    • The revision does not require that the five permanent members of the Security Council be permitted to appoint their own officials to the inspection teams. [Associated Press, 10/21/2002; Daily Telegraph, 10/22/2002; New York Times, 10/23/2002]
    • The revision stipulates that Iraq must declare its weapons of mass destruction within 30 days of the resolution’s passing, after which the weapons inspectors would have another 45 days to commence its work on disarmament. [ABC News, 10/23/2002 Sources: John Negroponte] If Iraq does not meet the deadline, its failure to do so will be considered a “material breach” of the resolution. [Associated Press, 10/21/2002 Sources: John Negroponte]
    • The revised draft still contains phrases that set a hair trigger for the implementation of “serious consequences.” The revision stipulates that further “false statements and omissions” by Iraq would amount to “a further material breach.” [Economist, 10/23/2002; New York Times, 10/23/2002]


    Reactions - In spite of the revision, the oppositional stances of France, Russia, Mexico, and China remain unchanged. Bulgaria, Colombia, Norway, Singapore show some support for the revision. [Associated Press, 10/21/2002; Daily Telegraph, 10/22/2002; London Times, 10/28/2002]

    Statements
    Igor Ivanov

    Russia is “ready to work with different members of the UN Security Council on a draft resolution which would ensure the effective work of inspectors, be realistic and not support provisions which pave the way for automatic use of force.” — October 22, 2002 [Reuters, 10/22/2002]

    “The American draft resolution…does not answer the criteria which the Russian side laid out earlier and which it confirms today.” — October 22, 2002 [Associated Press, 10/21/2002; Associated Press, 10/22/2002; Washington Post, 10/23/2002; Reuters, 10/22/2002]

    Dominique de Villepin
    “There’s still a lot of work to do,” adding that “There are some points that need to be discussed among us before we have an accord.” — October 22, 2002 [Associated Press, 10/21/2002]

    “Our goal is the return of the UN weapons inspectors and the elimination of weapons of mass destruction and not regime change in Iraq. It is in this context that we are negotiating this resolution.” — October 22, 2002 [Associated Press, 10/21/2002]

    George W. Bush
    “For the sake of having an international body which is effective, the UN… must be resolved to deal with this person, must resolve itself to be something more than a League of Nations, must resolve itself to be more than just a debating society, must resolve itself to help keep international peace. It’s an important time in our history to determine whether or not we’re going to be a nation which is willing to work with other nations to keep the peace. The answer is ‘you bet’ but if they won’t, if the UN can’t make its mind up, if Saddam Hussein won’t disarm, we will lead a coalition to disarm him for the sake of peace.” — October 22, 2002 [CNN, 10/22/2002; Associated Press, 10/21/2002]

    Sergei Lavrov
    “We cannot agree to any automacity in the use of force, and we cannot agree to unimplementable, unrealistic demands that are against the wishes of even the arms inspectors themselves.” — October 23, 2002 [Statesman (New Delhi), 10/25/2002; Agence France-Presse, 10/24/2002]

    Unnamed Senior Kremlin official
    The draft “insignificantly differs on the most crucial points from earlier US-British proposals which were unacceptable to Russia and other permanent members of the UN Security Council.” — October 22, 2002 [Daily Telegraph, 10/22/2002]

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


    Statements
    Zhang Yishan

    “The purpose (of the resolution) was to disarm Iraq, and it no longer contained any ‘automaticity’ for the use of force. Security Council must meet again if there was non-compliance by Iraq.” — November 7, 2002 [Inter Press Service, 11/8/2002]

    Condoleezza Rice
    “We have to have a zero-tolerance view of the Iraqi regime this time. The next material breach by Saddam Hussein has got to have serious consequences. I think it’s pretty clear what that may mean.” — November 10, 2002 [Chicago Tribune, 11/11/2002]

    Colin Powell
    “We will ask the UN to give authorization for all necessary means, and if the UN is not willing to do that, the United States with like-minded nations will go and disarm him forcefully.” — November 10, 2002 [Guardian, 11/11/2002; CNN, 11/10/2002]

    John Negroponte
    “If the Security Council fails to act decisively in the event of further Iraqi violations this resolution does not constrain any member state from acting to defend itself against the threat posed by Iraq or to enforce relevant United Nations resolutions and protect world peace and security.” — November 8, 2002 [Australian Broadcasting Corporation, 11/8/2002; CNN, 11/9/2002; Fox News, 11/8/2002; Washington File, 11/8/2002]

    Kofi Annan
    “Iraq has a new opportunity to comply with all these relevant resolutions of the Security Council. I urge the Iraqi leadership for sake of its own people…to seize this opportunity and thereby begin to end the isolation and suffering of the Iraqi people.” — November 7, 2002 [Associated Press, 11/8/2002]

    George W. Bush
    “The world has now come together to say that the outlaw regime in Iraq will not be permitted to build or possess chemical, biological or nuclear weapons… [a]nd my administration will see to it that the world’s judgment is enforced” — November 9, 2002 [US President, 11/15/2002]

    “The United States has agreed to discuss any material breach with the Security Council, but without jeopardizing our freedom of action to defend our country.” — November 8, 2002 [US President, 11/11/2002]

    Saddam’s “cooperation must be prompt and unconditional or he will face severest consequences” — November 8, 2002 [US President, 11/11/2002]

    Jean-David Levitt
    “This resolution is a success for the Security Council and the United Nations.” — November 7, 2002 [Associated Press, 11/8/2002]

    Turki bin Faisal
    “The Arab ministers welcomed Iraq’s acceptance of Resolution 1441, following assurances from Syria that this resolution does not provide for automatic military action (against Baghdad).” — November 10, 2002 [Agence France-Presse, 11/10/2002]

    Naji Sabri Hadithi
    “The United States’ use of the Security Council as a cover for aggression against Iraq was foiled by the international community because the international community does not share the appetite of the evil administration in Washington for aggression, murder and destruction.” — November 10, 2002 [Guardian, 11/11/2002]

    Sergei Lavrov
    Sergev Lavrov agreed that the resolution did not allow for the automatic use of force and said that the United States and Britain had acknowledged that. — November 7, 2002 [Inter Press Service, 11/8/2002]

    Jeremy Greenstock
    “This is about the disarmament of Iraq through inspections and by peaceful means. It is a resolution that sets out two stages. This is not about triggers. This is not about the use of force.” — November 7, 2002 [Guardian, 11/7/2002]

    Andrew Card
    “The UN can meet and discuss, but we don’t need their permission.” — November 10, 2002 [CNN, 11/10/2002]

    Commentaries
    Times of London

    “If inspectors unearth any hidden weapons, Baghdad will have exhausted the ‘final opportunity’ offered by the international community. It will then be in ‘material breach’ of its obligations and likely to trigger the ‘serious consequences’ of a new war by a US-led coalition determined to overthrow the regime in Baghdad.” — November 9, 2002 [London Times, 11/9/2002]

    Guardian of London
    “[I]n spite of two months of tortuous negotiation, there are lots of gray areas, lots of ambiguities, lots of scope for confusion.… The problem is one of interpretation, especially as there is much deliberate ambiguity in the text. The key ambiguity surrounds what would qualify as an Iraqi obstruction of the inspections process and whose responsibility it would be to make the judgment” — November 7, 2002 [Guardian, 11/7/2002]

    Majorie Cohn
    “The passage of Resolution 1441 gives the Bush Regime the tools it needs to carry out that mission. Although couched as a means for disarmament, this resolution is really a ‘set-up’ that will be used to justify the US military takeover of Iraq. Paragraph 8 states that ‘… Iraq shall not take or threaten hostile acts directed against any representative or personnel of the United Nations or of any Member State taking action to uphold any Council resolution.’ Although the ‘no-fly-zones’ have never been sanctioned by the Security Council, under Paragraph 8, the US could justify its use of military force against Iraq, if Iraq fired on a US airplane which was unlawfully violating Iraq’s airspace within these zones…. It would be very difficult for any sovereign nation to comply with Resolution 1441, which in effect authorizes the occupation of Iraq.” — November 21, 2002 [Jurist, 11/21/2002]

    End Part I
    No One Knows Everything. Only Together May We Find The Truth JG


  2. #2
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    November 25, 2002
    Iraq informs the United Nations Security Council that it might not be able to provide the UN with a complete declaration of its past and present civilian and military chemical, biological and nuclear programs as required by UN Resolution 1441 by the December 8 deadline. Hans Blix is sympathetic and the Russian UN ambassador suggests that the deadline should be extended. Iraqi officials also indicate they are not sure what exactly they are expected to include. According to the Washington Post, “Iraqi officials told Blix that they were uncertain whether the Security Council’s terms required that they declare every single item produced in its commercial chemical industry, citing plastic slippers as an example.” Hans Blix indicates that he is also unsure. John D. Negroponte, the US ambassador to the United Nations, argues that no extension should be granted. [Washington Post, 11/23/2002]

    Early December, 2002
    The Bush administration attempts to delay a vote for the second time in nine days on a UN resolution extending Iraq’s authority to sell oil for the next six months. John D. Negroponte, the US ambassador to the United Nations, argues that the resolution should add approximately 40 additional items to a list of items requiring UN approval prior to import. [Washington Post, 12/4/2002; BBC, 12/4/2002]

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

    Commentaries
    Sunday Herald

    “The full extent of Washington’s complete control over who sees what in the crucial Iraqi dossier calls into question the allegations made by US Secretary of State Colin Powell that ‘omissions’ in the document constituted a ‘material breach’ of the latest UN resolution on Iraq.” — December 22, 2002 [Sunday Herald (Glasgow), 12/22/2002]

    January 9, 2003
    US officials and advisors reject British suggestions—revealed the previous day—that the war be put off (see January 8, 2003). Richard Perle, chairman of the Defense Policy Board, says that the Bush administration is under no obligation to abandon its war plans on account of opposition from the UN Security Council. He says, “I’m assuming that we will not get a consensus on the Security Council but it may be possible to get it…. It would be a great mistake to become dependent on it and take the view that we can’t act separately…. That would be an abrogation of the president’s responsibility…. If there’s no change in Saddam’s attitude I think there’ll be a reluctance to continue this without a clear indication that our patience will be rewarded by a UN Security Council consensus…. A consensus would be a useful thing and I think we’d be willing to wait a little longer to get it but not a long time…. We might be acting without a resolution from the UN authorizing it but I think the administration can make a strong case that Saddam’s defiance of a variety of resolutions passed previously could be understood to justify military action.” [Daily Telegraph, 1/10/2003] And John Negroponte, the American Ambassador to the UN, also dismisses widespread objections to US aggression, asserting that any instances of Iraqi non-cooperation will “constitute further material breach,” regardless of what the UN ultimately decides. [Associated Press, 1/9/2003; London Times, 1/10/2003]

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

    January 15, 2003
    US National Security Advisor Condoleezza Rice flies to New York City to meet with Hans Blix. She attempts to discourage him from his plans to revert to the provisions of UN Resolution 1284 after his January 27 report to the UN Security Council—the last update required by UN Resolution 1441. She also attempts to persuade him to press ahead with plans to aggressively interview Iraqi scientists. [Sydney Morning Herald, 1/16/2003; New York Times, 1/16/2003] At a Council luncheon, US ambassador to the UN John Negroponte attempts to convince delegates of the other member states that the inspections timetable should not be based on the 1999 resolution. But they disagree, seeing no reason to ignore the process outlined in Resolution 1284. [Reuters, 1/16/2003; Reuters, 1/16/2003; New York Times, 1/17/2003] A few days later, the London Observer reports, “US officials have made it clear that they will try to foil further reports and say that an accumulation of evidence of military activity in Iraq will be enough for Saddam to be in material breach of the orders to Saddam to disarm.” [Observer, 1/19/2003]

    January 29, 2003: John Negroponte Says Administration ‘Convinced’ that Aluminum Tubes Were Intended for Iraq’s Alleged Nuclear Program
    When a reporter asks US Ambassador to the UN John Negroponte if the Bush administration is still confident that the aluminum tubes imported by Iraq were intended for the country’s alleged nuclear weapons program in light of the International Atomic Energy Agency’s judgment that they were not (see January 11, 2003), Negroponte responds: “Are we convinced that those tubes were designed and were intended for enrichment of uranium? The answer is definitely, yes.” [CNN, 1/29/2003]

    Warrantless Wiretapping Program; Reportedly Misleads Them
    Vice President Dick Cheney gives the Congressional leaders known as the “Gang of Eight”—the House Speaker and House Minority Leader, the Senate Majority and Minority Leaders, and the ranking members of the House and Senate intelligence committees—their first briefing on the NSA’s warrantless wiretapping program (see Early 2002). Senate Minority Leader Tom Daschle (D-SD) later recalls the meeting as superficial. Cheney “talked like it was something routine,” Daschle will say. “We really had no idea what it was about.” Unbeknownst to many of the Congressional leaders, White House and Justice Department leaders are locked in a sharp dispute over whether or not the program is legal and should be continued; Cheney is preparing to send White House counsel Alberto Gonzales and chief of staff Andrew Card to Attorney General John Ashcroft’s hospital room to persuade the gravely ill and heavily sedated Ashcroft to overrule acting attorney general James Comey and reauthorize the program (see March 10-12, 2004). The briefing is designed to give the appearance of Congressional approval for the program. While most Republicans in the briefing give at least tacit approval of the program, some Democrats, as Daschle will later recall, express “a lot of concerns” over the program’s apparent violation of fundamental Congressional rights. House Minority Leader Nancy Pelosi later recalls that she “made clear my disagreement with what the White House was asking.” But administration officials such as Gonzales will later say (see July 24, 2007) that the eight Congressional leaders are in “consensus” in supporting the program, a characterization that is patently false (see July 25, 2007.) Gonzales will also later testify that this briefing did not cover the NSA wiretapping program, later dubbed the “Terrorist Surveillance Program” (TSP), another apparent falsehood contradicted by Democratic senators such as Russ Feingold and John Rockefeller, as well as testimony and notes on the hospital room visit made by FBI director Robert Mueller and a memo from John Negroponte, the Director of National Intelligence. Many feel that Gonzales is using the moniker “Terrorist Surveillance Program,” not in use until December 2005, to play what Newsweek reporter Michael Isikoff calls “verbal parsing” and “a semantic game”—since the NSA wiretapping program was not known by that name at the time of the Congressional briefing, Gonzales will imply that the briefing wasn’t about that program. [Newsweek, 8/6/2007]

    January 8, 2005: Bush Administration Considering ‘Salvador Option’ for Iraq
    Newsweek reports that the Pentagon is considering a new approach to dealing with the insurgency in Iraq, one defense officials call the “Salvador Option.” During the 1980s, the US, primarily through the CIA, funded and supported paramilitary units, often called “death squads” by the citizenry and various human rights organizations which monitored their activities, in El Salvador and other Central American nations. These death squads carried out numerous assassinations and kidnappings, including the murder of four American nuns in 1980. Many US conservatives consider the Salvadoran operation a success, though many innocent Salvadorans died, some under torture, and the operation fomented the US goverment policies that became known collective as “Iran-Contra.” Now the Pentagon is debating whether the same tactics should be used in Iraq. “What everyone agrees is that we can’t just go on as we are,” says a senior military official. “We have to find a way to take the offensive against the insurgents. Right now, we are playing defense. And we are losing.” Another military source contends that Iraqis who sympathize with the insurgents need to be targeted: “The Sunni population is paying no price for the support it is giving to the terrorists. From their point of view, it is cost-free. We have to change that equation.” One proposal would “send [US] Special Forces teams to advise, support and possibly train Iraqi squads, most likely hand-picked Kurdish Peshmerga fighters and Shiite militiamen, to target Sunni insurgents and their sympathizers, even across the border into Syria.” Among the proposal’s supporters is Iraqi Prime Minister Iyad Allawi and Defense Secretary Donald Rumsfeld. But other Pentagon officials are shy of running any operation that might contravene the Uniform Code of Military Justice, and prefer the CIA to run the proposed operation. And many lawmakers, Pentagon officials, and military experts are wary of expanding the role of US Special Forces operations in such a legally and morally dubious direction. They also worry about the ramifications of using Iraqi Kurds and Shi’ite militia members against Iraqi Sunnis in potential death squads, characterized by investigative reporter Robert Parry as “a prescription for civil war or genocide.” Some speculate that this operation might be one of the reasons John Negroponte was recently named US ambassador to Iraq. Negroponte served as US ambassador to Honduras during the 1980s, and many feel Negroponte was a key figure in the establishment and operations of the Central American death squads. Other Bush officials active in the Central America program include Elliott Abrams, who oversaw Central American policies at the State Department and who is now a Middle East adviser on Bush’s National Security Council staff, and Vice President Dick Cheney, who was a powerful defender of the Central American policies as a member of the House of Representatives. Negroponte denies any involvement in any such program operating in Iraq. [Newsweek, 1/8/2005; Consortium News, 1/11/2005] Christopher Dickey, a Newsweek reporter with personal experience in El Salvador during the time of the death sqauds, writes that he is “prepared to admit that building friendly democracies sometimes has to be a cold-blooded business in the shadowland of moral grays that is the real world,” but says that the idea of US-formed death squads in Iraq, and the corollary idea of sending US Special Forces teams into Syria and perhaps other Middle Eastern countries is not only potentially a mistake, but one that is little more than “a formalization of what’s already taking place.” Former Defense Intelligence Agency analyst and Middle East specialist Patrick Lang says, “We are, of course, already targeting enemy cadres for elimination whether by capture or death in various places including Afghanistan and Iraq.” So many Special Forces personnel are already involved in such operations, Lang says, that there is an actual shortage of Green Berets to perform their primary task: training regular Iraqi troops. The operation could benefit the US presence in two ways: helping win the hearts and minds of the ordinary citizenry by successfully eliminating insurgents, or just by making the citizenry “more frightened of [the US] than they are of the insurgents.” [Newsweek, 1/11/2005]

    February 17, 2005: Bush Nominates Negroponte to Oversee US Intelligence Agencies
    President Bush nominates John Negroponte to be the first Director of National Intelligence, a new position created to oversee all the various US intelligence agencies. Negroponte had been serving as the US Ambassador to Iraq for the previous year. Prior to that he had been the US Ambassador to the United Nations and held a variety of other government positions. [New York Times, 2/17/2005] The nomination is controversial because, as the Los Angeles Times reports, “While ambassador to Honduras from 1981-85, Negroponte directed the secret arming of Nicaragua’s Contra rebels and is accused by human rights groups of overlooking—if not overseeing—a CIA-backed Honduran death squad during his tenure.” Additionally, “He also helped orchestrate a secret deal later known as Iran-Contra to send arms through Honduras to help the Contras overthrow the Sandinista government.” [Los Angeles Times, 3/26/2001]

    August 18, 2006: National Intelligence Office Establishes New ‘Mission Manager’ for Intel on Cuba and Venezuela
    The Office of the Director of National Intelligence (ODNI) announces that Intelligence Director John Negroponte has appointed J. Patrick Maher as a new acting mission manager to collect “timely and accurate intelligence” on Cuba and Venezuela. Maher, who will continue to serve his current position as National Intelligence Officer for the Western Hemisphere, is a Latin American specialist and has been with the CIA since 1974. The appointment was made shortly after news surfaced on July 31 that Fidel Castro was in the hospital and that his brother Raul Castro had temporarily taken over. According to a statement released by the ODNI, this task is “critical” because “policy-makers have increasingly focused on the challenges” that the two countries “pose to American foreign policy.” Iran and North Korea are the only other countries for which there are currently mission managers. [Office of the Director of National Intelligence, 8/18/2006; Washington File, 8/21/2006]

    Late 2006-July 2007: Bush Administration Tries to Block Lawsuit Against NSA
    The Director of National Intelligence, John Negroponte, and NSA Director Keith Alexander try to get a lawsuit dismissed that alleges the NSA illegally wiretapped a Saudi charitable organization (see February 28, 2006. The organization, al-Haramain, is presenting a classified US document as proof of the illegal wiretapping. In late 2006, Negroponte and Alexander tell the presiding judge, US District Judge Garr King, that in order to defend itself, the government would have to disclose “state secrets” that would expose US anti-terrorism efforts. This same argument will be reiterated in July 2007, when government lawyers say, “Whether plaintiffs were subjected to surveillance is a state secret, and information tending to confirm or deny that fact is privileged.” The judge will hear arguments for and against dismissing the case on August 15, 2007. [Associated Press, 8/5/2007] King, in Portland, Oregon, examined the document for himself, and read classified briefs supplied by the Justice Department. Upon reading the briefs, King met with government lawyers to discuss turning over yet more documents in discovery—a decision unlikely to have been taken had King not believed the evidence did not show that the al-Haramain plaintiffs were, in fact, monitored. And, under FISA, had the surveillance been lawful and court-ordered, King would have been legally constrained to dismiss the lawsuit, since according to that law, plaintiffs can only sue if no warrant was ever issued for the alleged surveillance. “If there was a FISA warrant, the whole case would have crumbled on the first day,” says plaintiff attorney Thomas Nelson, “It’s pretty obvious from the government’s conduct in the case, there was no warrant.” Justice Department lawyers rely on the argument that the president has the inherent authority to order surveillance of suspected terrorists with or without warrants, and that to judge the president’s decision would reveal national secrets that would alert terrorists to government anti-terrorist actions, thereby mandating that this and other lawsuits be dismissed. An August 2006 court ruling ordering that the al-Haramain case be consolidated with 54 other NSA-related lawsuits, under US District Court Judge Vaughn Walker, damaged the government’s argument that it cannot be sued in court. Walker has presided over the year-old class-action lawsuit brought before his court by the Electronic Frontier Foundation against AT&T for the telecom firm’s cooperation with the NSA program (see January 31, 2006); Walker ruled in July 2006 that the case would proceed, against government requests that it be thrown out because of national security requirements. Walker ruled that because the government had already admitted to the existence of the program, the state secrets privilege does not apply. (The Justice Department is appealing Walker’s decision.) As for al-Haramain, its lawyers want that case to be adjudicated separately, because the court has sufficient evidence to decide on the case without waiting for the appellate court decision. Another lawyer for the plaintiffs, Jon Eisenberg, tells Walker in February 2007, “You need only read the statutes to decide, ‘Does the president have the right to do this without a warrant?’” Walker has yet to rule on that request. [Wired News, 3/5/2007]

    January 5, 2007: Negroponte Steps Down as Director of National Intelligence
    John Negroponte resigns from his position as director of national intelligence. The official explanation is that Secretary of State Condoleezza Rice has lured him to serve as her deputy, a post that has been vacant since July. [Washington Post, 1/4/2007; Fox News, 1/5/2007] But according to sources interviewed by reporter Seymour Hersh, Negroponte’s decision was spurred by a shift in the White House’s Middle East policy (see Late 2006) that he felt was reminiscent of the Iran-Contra affair. A former senior intelligence official tells Hersh, “Negroponte said, ‘No way. I’m not going down that road again, with the NSC running operations off the books, with no finding.’” (Findings are written communications issued by the president to Congress informing lawmakers about covert operations.) [New Yorker, 3/5/2007] Another factor, according to Hersh, was that he doesn’t get along with Cheney very well—Cheney apparently feels Negroponte is too “legalistic.” [Democracy Now!, 2/28/2007]

    July 25, 2007: Documents Show Gonzales May Have Perjured Himself Before Congress
    New documents contradict Attorney General Alberto Gonzales’s recent sworn testimony before the Senate Judiciary Committee, indicating that Gonzales may have committed perjury before the panel. In testimony before the committee (see July 24, 2007), Gonzales told senators that a March 10, 2004 emergency briefing with the so-called “Gang of Eight,” comprised of the Republican and Democratic leaders of the two houses of Congress and the ranking members of both houses’ intelligence committees (see March 10, 2004), did not concern the controversial NSA warrantless domestic surveillance program, but instead was about other surveillance programs which he was not at liberty to discuss. But according to a four-page memo from the national intelligence director’s office, that briefing was indeed about the so-called “Terrorist Surveillance Program,” or TSP, as it is now being called by White House officials and some lawmakers. The memo is dated May 17, 2006, and addressed to then-Speaker of the House Dennis Hastert. It details “the classification of the dates, locations, and names of members of Congress who attended briefings on the Terrorist Surveillance Program,” wrote then-Director of National Intelligence John Negroponte. The DNI memo provides further evidence that Gonzales has not been truthful in his dealings with Congress, and gives further impetus to a possible perjury investigation by the Senate. So far, both Gonzales and Justice Department spokesmen have stood by his testimony. The nature of the March 2004 briefing is important because on that date, Gonzales and then-White House chief of staff Andrew Card tried to pressure then-Attorney General John Ashcroft, while Ashcroft was recuperating from emergency surgery in the hospital, to reauthorize the domestic wiretapping program over the objections of acting Attorney General James Comey, who had refused to sign off on the program due to its apparent illegality (see March 10-12, 2004). Comey’s own testimony before the Senate has already strongly contradicted Gonzales’s earlier testimonies and statements (see May 15, 2007). The entire imbroglio illustrates just how far from legality the NSA wiretapping program may be, and the controversy within the Justice Department it has produced. Gonzales flatly denied that the March 2004 briefing was about the NSA program, telling the panel, “The dissent related to other intelligence activities. The dissent was not about the terrorist surveillance program.” Senator Charles Schumer (D-NY) pressed Gonzales for clarification: “Not the TSP? Come on. If you say it’s about other, that implies not. Now say it or not.” Gonzales replied, “It was not. It was about other intelligence activities.” Today, with the DNI documents in hand, Schumer says, “It seemed clear to just about everyone on the committee that the attorney general was deceiving us when he said the dissent was about other intelligence activities and this memo is even more evidence that helps confirm our suspicions.” Other senators agree that Gonzales is not telling the truth. “There’s a discrepancy here in sworn testimony,” says committee chairman Patrick Leahy (D-VT). “We’re going to have to ask who’s telling the truth, who’s not.” And committee Democrats are not the only ones who find Gonzales’s testimony hard to swallow. Arlen Specter (R-PA) told Gonzales yesterday, “I do not find your testimony credible, candidly.” The “Gang of Eight” members disagree about the content of the March briefing. Democrats Nancy Pelosi, Jay Rockefeller, and Tom Daschle all say Gonzales’s testimony is inaccurate, with Rockefeller calling Gonzales’s testimony “untruthful.” But former House Intelligence chairman Porter Goss and former Senate Majority Leader Bill Frist, both Republicans, refuse to directly dispute Gonzales’s claims. [Associated Press, 7/25/2007] Three weeks later, notes from FBI director Robert Mueller, also present at the Ashcroft meeting, further contradict Gonzales’s testimony (see August 16, 2007).

    End
    No One Knows Everything. Only Together May We Find The Truth JG


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