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The Iraq Inquiry - Chilcott's Circus Clowns Come to Town - Printable Version +- Deep Politics Forum (https://deeppoliticsforum.com/fora) +-- Forum: Deep Politics Forum (https://deeppoliticsforum.com/fora/forum-1.html) +--- Forum: Seminal Moments of Justice (https://deeppoliticsforum.com/fora/forum-36.html) +--- Thread: The Iraq Inquiry - Chilcott's Circus Clowns Come to Town (/thread-2573.html) |
The Iraq Inquiry - Chilcott's Circus Clowns Come to Town - Magda Hassan - 02-07-2010 Revealed: Tony Blair's battle with law chief after warning Iraq war would be illegal By Tim Shipman Last updated at 12:27 PM on 1st July 2010 Tony Blair’s fury at being told the Iraq War was illegal was laid bare yesterday after secret memos from his Attorney General were finally published. In an unprecedented move, the Chilcot Inquiry into the conflict published Lord Goldsmith’s warnings to the then Prime Minister, the first time a government has ever declassified legal advice to ministers. They detail how time and again the Attorney General told Mr Blair he risked taking the UK into an unlawful war – and the Prime Minister’s irritation and refusal to accept that fact. Assurances: Jonathan Powell, pictured with then-Prime Minister Tony Blair, told a meeting at No.10 that the UK would not support a U.S.-led invasion of Iraq without U.N. support In one damning letter to Mr Blair dated January 30, 2003 – less than two months before the invasion – Lord Goldsmith told him that UN resolution 1441, on which the government came to rely, ‘does not authorise the use of military force’. Mr Blair scrawled in the margin of the letter: ‘I just don’t understand this.’ The same document exposes the huge irritation in Downing Street at the Attorney General’s reluctance to give the green light for an invasion. No 10 aide Matthew Rycroft made clear that Lord Goldsmith’s missive was unwelcome. ‘[We] specifically said we did not need further advice [on] this matter,’ he wrote. The word ‘not’ was underlined. A series of documents, minutes and memos make clear that Lord Goldsmith came under huge pressure to change his views and was unceremoniously excluded from Cabinet discussions in the build-up to the conflict. Lord Goldsmith warned Mr Blair as early as July 2002 that war would not be legal without the express approval of the United Nations Security Council. In a memo to the Prime Minister, who had already asked the military to prepare war plans, he warned that Britain would not be able to justify war by claiming ‘self defence’ or a ‘humanitarian catastrophe’ in Iraq. Even after resolution 1441 was passed in November 2002, declaring Saddam Hussein in breach of previous UN demands that he disarm, the Attorney General maintained that a second resolution explicitly authorising war was necessary. In October that year, as the wording of 1441 was being prepared, the Attorney General gave a stark warning to Foreign Secretary Jack Straw that Mr Blair had gone too far in pledging support to President George W. Bush. A record of their telephone call says: ‘The Attorney explained that he was concerned by reports he had received that the Prime Minister had indicated to President Bush that he would join them in acting without a second Security Council decision.’ He also told Mr Straw the government must not promise ‘the U.S. government that it can do things which the Attorney considers to be unlawful’. Change of heart: Lord Goldsmith changed his mind about proceeding without UN support after a trip to the U.S. just a month before hostilities commencedIn a sign of the pressure he was coming under, ‘the Foreign Secretary suggested the Attorney might not wish to commit himself on paper until he had seen the Prime Minister’. This resulted in an arm-twisting meeting that was then arranged by Mr Blair’s chief of staff Jonathan Powell. The Attorney General also complained that he ‘ought to be present’ when the war was being discussed. But in the final days before the conflict, he changed his tune and declared that a case could be made that Resolution 1441 reactivated the earlier resolutions authorising force during the first Gulf War. His final legal advice, couched with caveats, was never shown in full to the Cabinet, who only saw the same brief summary declaring the war to be legal. http://www.dailymail.co.uk/news/article-1290915/IRAQ-INQUIRY-Tony-Blairs-battle-law-chief-warning-war-illegal.html The Iraq Inquiry - Chilcott's Circus Clowns Come to Town - Magda Hassan - 02-07-2010 How Goldsmith changed advice on legality of war For seven years, Britain has wanted to see how the legal case for invading Iraq was made. Yesterday, at a public inquiry that is going on unnoticed, official documents were released for the first time that showed the grave reservations of the Attorney General, his remarkable U-turn, and how the basis for the Iraq war was built on sand By Kim Sengupta, Defence Correspondent Thursday, 1 July 2010 .firstcolumn {font-family: verdana; font-size: 11px; border-bottom: 5px solid #7D704D; color:#000000; margin-bottom:10px;} .firstcolumn div{padding-left:2px;} .firstcolumn .title {font-size: 13px; margin-top: 2px; margin-bottom: 2px; color:#7D704D; font-weight: bold; text-transform:uppercase;} .firstcolumn .title a{ color:#7D704D;} .firstcolumn .description {font-size: 11px;} .firstcolumn .thumbnail {float:left; margin-right:5px; border:0px;} .firstcolumn .commercialpromo {border-top: 5px solid #CEB669; margin-bottom: 10px;} .firstcolumn .clear {clear:both; height:1px; overflow:hidden;} .firstcolumn .mainheading {border-top: 5px solid #7D704D; margin-bottom: 0px;} .firstcolumn .mainheading .title{margin-top: 5px; margin-bottom: 5px;} .firstcolumn a{color: #125581; text-decoration: none;} .firstcolumn a:hover{color: #125581; text-decoration: underline;} .firstcolumn a:visited{color: #125581;} .firstcolumn .dotted {background-image:url(http://www.independent.co.uk/multimedia/archive/00027/dots_27496a.gif);background-repeat:repeat-x;background-position:bottom; padding-bottom: 4px;} .firstcolumn .yh{font-weight:bold;}.clearbutton { /* generic container (i.e. div) for floating buttons */ overflow: hidden; width: 100%;} .firstcolumn .yahoo {overflow: hidden;} .firstcolumn .yahoo ul {list-style-type: none; margin: 0; padding: 0;} .firstcolumn .yahoo ul li {FLOAT: left; MARGIN: 0px; WIDTH: 180px; LIST-STYLE-TYPE: none; padding-left: 20px; background-image: url(http://www.independent.co.uk/multimedia/archive/00027/bullet_27264a.gif); background-repeat: no-repeat; background-position: 5px; font-weight:bold; } Documents about how the legal case for the Iraq war was formulated by the Blair government seven years ago were made public yesterday, revealing the grave doubts of the Attorney General over impending military action. The drafts of legal advice and letters sent to the Prime Minister by Lord Goldsmith had been kept secret despite repeated calls for them to be published. Yesterday they were released by the Chilcot Inquiry into the war, after the head of the Civil Service, Sir Gus O'Donnell, stated that the "long-standing convention" for such documents to be kept confidential had to be waived because the issue of the legality of the Iraq war had a "unique status". It had been known that Lord Goldsmith had initially advised the government that an attack on Iraq would not be legal without a fresh United Nations resolution. However, just before the US-led invasion he presented a new set of opinions saying that a new resolution was not needed after all. Tony Blair appeared to show his irritation with the warnings over military actions, saying in a handwritten note: "I just do not understand this." In another note, a Downing Street aide said: "We do not need further advice on this matter." In the documents released yesterday, Lord Goldsmith repeatedly stated that an invasion without a fresh UN resolution would be illegal, and warned against using Saddam Hussein's supposed WMD (weapons of mass destruction) as a reason for attack. Two months later, in autumn 2002, Downing Street published a dossier that stressed the alleged WMD threat in an attempt to boost public support for war. In a letter to Mr Blair on 30 July 2002, marked "Secret and Strictly personal – UK Eyes only", Lord Goldsmith stated: "In the absence of a fresh resolution by the Security Council which would at least involve a new determination of a material and flagrant breach [by Iraq] military action would be unlawful. Even if there were such a resolution, but one which did not explicitly authorise the use of force, it would remain highly debatable whether it legitimised military action – but without it the position is, in my view, clear." In his letter, copied to the then Foreign Secretary, Jack Straw, and Defence Secretary Geoff Hoon, the Attorney General warned that any form of military assistance offered to the US, however limited, such as "the use of UK bases, the provision of logistical or other support ... would all engage the UK's responsibility under international law. We would therefore need to be satisfied in all cases as to the legality of the use of force." Lord Goldsmith continued: "The development of WMD is not in itself sufficient to indicate such imminence. On the basis of the material which I have been shown ... there would not be any grounds for regarding an Iraqi use of WMD as imminent." Successive inquiries into the Iraq war, by Lord Hutton, Lord Butler and now Sir John Chilcot, have heard repeated claims that Lord Goldsmith was subsequently persuaded to change his advice into the legality of military action by Mr Blair and members of his government. In January 2003 Mr Blair met President Bush at the White House. The Prime Minister's foreign policy adviser, Sir David Manning, wrote a memo paraphrasing Mr Bush's comments at the meeting as: "The start date for the military campaign was now pencilled for 10th March. This was when the bombing would begin." In a letter to Mr Blair dated 30 January 2003, after the UN had passed another resolution on Iraq, 1441, Lord Goldsmith wrote: "In view of your meeting with President Bush on Friday, I thought you might wish to know whether a further decision of the Security Council is legally required in order to authorise the use of force against Iraq." The letter marked "secret" continued: "I remain of the view that the correct legal interpretation of Resolution 1441 is that it does not authorise the use of military force without a further determination by the Security Council." Lord Goldsmith concluded: "I have not copied this minute further." The Attorney General sent a draft advice to Mr Blair dated 12 February 2003 after he had consulted US officials. He said: "It is clear that Resolution 1441 does not expressly authorise the use of force. It follows that resolution may only be relied on as providing the legal basis for military action if it has the effect of reviving the authorisation to use force contained in Resolution 678 (1990)" – when Iraq was adjudged by the UN to have flouted previous resolutions. But the Attorney General stressed "it is clear that the [Security] Council did not intend the authorisation in Resolution 678 should revive immediately following the adoption of Resolution 1441." He continued: "The language of 1441 is not clear and the statements made on adoption of the resolution suggests there were differences of views within the Council. The safest legal course would be to secure the adoption of the further Council decision." Lord Goldsmith continued: "If action were to be taken without a further Security Council decision, particularly if the UK had tried to and failed to secure the adoption of a second resolution, I would expect the Government to be accused of acting unlawfully." The Attorney General was told to provide clarification of his advice by the Government and the final version was delivered to Cabinet on 7 March 2003, days before the invasion. Lord Goldsmith had decided a new resolution was not needed, after all, to justify war. * Tony Blair was named winner of the prestigious Liberty Medal last night by America's National Constitution Centre for "his steadfast commitment to conflict resolution" in Northern Ireland and the Middle East. Legal advice: What Attorney General said before the Blair-Bush summit... 30.07.02: Goldsmith's advice to the Prime Minister "The key issue here is whether an attack is imminent. The development of WMD is not in itself sufficient to indicate such imminence. On the basis of the material which I have been shown – and I appreciate that there may be other documentation which I have not seen – there would not be any grounds for regarding an Iraqi use of WMD as imminent. "My view therefore is that in the absence of a fresh resolution by the Security Council which would at least involve a new determination of a material and flagrant breach, military action would be unlawful. Even if there were such a resolution, but one which did not explicitly authorise the use of force, it would remain highly debatable whether it legitimised military action – but without it the position is, in my view, clear." 14.01.03: Attorney General's advice to the PM, after Resolution 1441 is passed by the UN "It is clear that Resolution 1441 contains no express authorisation by the Security Council for the use of force. "However, the authorisation to use force contained in Resolution 678 (1990) may revive where the Security Council has stated that there has been a breach of the ceasefire conditions imposed on Iraq by Resolution 687 (1991). "But the revival argument will not be defensible if the Council has made it clear either that action short of the use of force should be taken to ensure compliance with the terms of the ceasefire. In conclusion therefore, my opinion is that Resolution 1441 does not revive the authorisation to use of force contained in Resolution 678 in the absence of a further decision of the Security Council." 18.10.02: Record of Attorney General's telephone conversation with the Foreign Secretary "The Attorney explained that he was concerned by reports he had received that the Prime Minister had indicated to President Bush that he would join them in acting without a second Security Council decision if Iraq did not comply with the terms of a resolution in the terms of the latest US draft. In the Attorney's view, OP10 of the current draft would not be sufficient to authorise the use of force without a second resolution. "The Foreign Secretary explained the political dimension. He was convinced that the strategy of standing shoulder to shoulder with the US was right politically. It was also important to obtain a decent Security Council resolution. "The Attorney understood and endorsed the politics behind the Government's approach. It was obviously important to get Bush on side behind a second UN resolution. He was not concerned about what Ministers said externally, up to a point. The Government must, however, not fall into the trap of believing that it was in a position to take action which it could not take. Nor must HMG promise the US government that it can do things which the Attorney considers to be unlawful." Letter to the Prime Minister – 30.01.2003 (Day before meeting with Bush in White House.) "In view of your meeting with President Bush on Friday, I thought you might wish to know where I stand on the question of whether a further decision of the Security Council is legally required in order to authorise the use of force against Iraq. "You should be aware that, notwithstanding the additional arguments put to me since our last discussion, I remain of the view that the correct legal interpretation of Resolution 1441 is that it does not authorise the use of military force without a further determination by the Security Council." NB: later handwritten on top of note: "Specifically said we did not need further advice this week – Matthew 31/1." (No 10 aide, Matthew Rycroft) ... and afterwards 12.02.03: Goldsmith draft legal advice, after Blair meeting with Bush, and after Goldsmith's meetings with Jeremy Greenstock (UK ambassador to the United Nations) "Since our meeting on 14 January I have had the benefit of discussions with the Foreign Secretary and Sir Jeremy Greenstock, who have given me valuable background information on the negotiating history of Resolution 1441. In addition, I have also had the opportunity to hear the views of the US Administration from their perspective as co-sponsors of the resolution. "Having regard to the arguments of our co-sponsors which I heard in Washington, I am prepared to accept that a reasonable case can be made that Resolution 1441 revives the authorisation to use force in Resolution 678. "However, if action were to be taken without a further Security Council decision, particularly if the UK had tried and failed to secure the adoption of a second resolution, I would expect the Government to be accused of acting unlawfully. Therefore, if these circumstances arise, it will be important to ensure that the Government is in a position to put up a robust defence. "I must stress that the lawfulness of military action depends not only on the existence of a legal basis, but also on the question of proportionality. "This is not to say that action may not be taken to remove Saddam Hussein from power if it can be demonstrated that such action is a necessary and proportionate measure to secure the disarmament of Iraq. But regime change cannot be the objective of military action." http://www.independent.co.uk/news/uk/home-news/how-goldsmith-changed-advice-on-legality-of-war-2015252.html The Iraq Inquiry - Chilcott's Circus Clowns Come to Town - Jan Klimkowski - 02-07-2010 In establishment inquiry terms, even with a deck stacked to protect the powerful, this is a smoking gun. We shall see shortly whether the Chilcott Inquiry chooses to categorize it as such or not. No more is needed. Quote:In one damning letter to Mr Blair dated January 30, 2003 – less than two months before the invasion – Lord Goldsmith told him that UN resolution 1441, on which the government came to rely, ‘does not authorise the use of military force’. Blair was repeatedly told the war was illegal. He and his aides told Attorney General Goldsmith that they did not need to hear his advice. Eventually, Goldsmith capitulated and changed his advice. British soldiers and Iraqi men, women and children, are still dying every day as a result of moral cowardice and political ambition. The Iraq Inquiry - Chilcott's Circus Clowns Come to Town - Jan Klimkowski - 12-07-2010 Quote:Iraq war inquiry: Blair government 'massaged' Saddam Hussein WMD threat http://www.guardian.co.uk/uk/2010/jul/12/iraq-war-inquiry-saddam-carne-ross For a full transcript of his testimony, see here: http://www.iraqinquiry.org.uk/media/47534/carne-ross-statement.pdf The Iraq Inquiry - Chilcott's Circus Clowns Come to Town - Jan Klimkowski - 20-07-2010 Quote:Iraq inquiry: Ex-MI5 boss says war raised terror threat http://www.bbc.co.uk/news/uk-politics-10693001 What did PM Blair say? Oh yeah: Quote: The Head of MI5 knew Blair was lying. And did nothing. Apart from asking for a budget increase. :call: A plague on both their houses. The Iraq Inquiry - Chilcott's Circus Clowns Come to Town - Jan Klimkowski - 28-07-2010 Quote:Chilcot inquiry: Iraq expert Carne Ross claims civil servants are withholding vital documents http://www.guardian.co.uk/uk/2010/jul/25/chilcot-iraq-carne-ross The Iraq Inquiry - Chilcott's Circus Clowns Come to Town - Magda Hassan - 30-07-2010 Iraq intelligence not 'very substantial' says Prescott Please turn on JavaScript. Media requires JavaScript to play.Lord Prescott: "I felt a little bit nervous about the conclusions...of pretty limited intelligence" The intelligence on Iraqis weapons threat was not "very substantial", former deputy prime minister Lord Prescott has said. He told the Iraq inquiry he was "nervous" about the intelligence being presented in 2002 - some of which he said was based on "tittle-tattle". However, he said he did not have the knowledge to challenge the assessments. Lord Prescott said the US regarded UK attempts to get a UN solution to the crisis as a "diversion". Lord Prescott, deputy prime minister between 1997 and 2007, is the last senior former Labour minister to be giving evidence to the Chico inquiry into the war. 'Sympathies' The inquiry is looking at the UK's role in the build-up to the war and the handling of its aftermath, and is expected to publish its report around the end of the year. In an interview in December, Lord Prescott expressed some doubts about the war. Continue reading the main story “Start Quote I got the feeling that it was not very substantial” End Quote Lord Prescott Former Deputy Prime Minister However, he told the inquiry that MPs had backed the action and that "democratic accountability had been satisfied". While former Attorney General Lord Goldsmith had a "difficult decision" to make before deciding the war was legal, he said he accepted the judgement that military action was justified on basis of existing UN disarmament resolutions. In his opening statement, he expressed his "deepest sympathies" to the relatives of the 179 British service personnel killed in Iraq. Lord Prescott, the final witness in the current round of public hearings, said he attended 23 out of 28 Cabinet meetings which discussed UK policy towards Iraq as well as holding a number of private meetings with Mr Blair. Intelligence doubts Asked about the intelligence shown to ministers about Iraq in 2002, Mr Prescott said he had no reason to believe that it was not "robust". While he had "no evidence" to suggest Joint Intelligence Committee assessments were wrong, he said he was a "little bit nervous about the conclusions based on what was pretty limited intelligence". "When I kept reading them, I kept thinking to myself, 'is this intelligence?", he said. Describing this intelligence as "basically what you have heard somewhere and what somebody else has told somebody", he suggested the conclusions drawn on the back of it "were a little ahead" of the evidence. "So I got the feeling it wasn't very substantial," he said. "I think, in 2004, by JIC to look at the recommendations they made to us were frankly wrong and built too much on a little information. "That was my impression at the time but, you know, I just thought 'well this is the intelligence document, this is what you have'. "It seems robust but not enough to justify to that. Certainly what they do in intelligence is a bit of tittle tattle here and a bit more information there." However, he said he was certain that Saddam Hussein presented a real threat to regional security as he had attacked both Kuwait and Iran in recent years. UN discussions He said the UK's "priority" was to find a diplomatic solution to the crisis and suggested it was a "real achievement" for Tony Blair to persuade the US to try and get UN support for action against Iraq. But he said US policy towards Iraq had been one of regime change since the Clinton presidency and that the Bush administration did not want to be "diverted" from this course by diplomatic negotiations. From conversations with former US Vice President Dick Cheney - who he described as a "hard-liner" - he said he got the impression that Iraq was "unfinished business" for the US. He described UK-led efforts to get a second UN resolution in early 2003 specifically authorising military action as "absolutely critical". "We did really need it," he said. He said he had learnt an "awful lot" from the inquiry to date about government decision-making in respect to Iraq and acknowledged criticism that Mr Blair made decisions via a close-knit circle of aides as part of a "sofa government". He also said that he was asked by Mr Blair to try and persuade former foreign secretary Robin Cook not to resign from the Cabinet over the issue. There may be extra hearings in the autumn, when previous witnesses - including Mr Blair and his successor Gordon Brown - could be recalled to give further evidence. Mr Brown commissioned the inquiry in June 2009. The Iraq Inquiry - Chilcott's Circus Clowns Come to Town - Malcolm Pryce - 30-07-2010 Watching him smirk and joke about a war that killed hundreds of thousands was stomach-turning. As for describing the attorney general as "not a happy bunny", well, what can you say? Is it possible to imagine a more inappropriate use of language? Clearly a man who has no conception of what he unleashed, or the depth of our anger. The Iraq Inquiry - Chilcott's Circus Clowns Come to Town - Magda Hassan - 30-07-2010 Yes Malcolm, stomach churning it is. However such behavior as Blairs' is pretty par for the course for a sociopath, which he is. The same can be said about the moral cowards who permitted him to get away with such outrageous criminal behaviour. The Iraq Inquiry - Chilcott's Circus Clowns Come to Town - Danny Jarman - 31-07-2010 UK diplomat: ‘Deep state’ bureaucracy blocking Iraq inquiry Britain's public inquiry into the country's instrumental role in the Iraq invasion is being thwarted by "deep state" bureaucrats who are intimidating witnesses and withholding documents, says a former Iraq expert for the UK government. http://rawstory.com/rs/2010/0725/deep-state-bureaucrats-blocking-iraq-inquiry/ |