
| Msg # 8 of 620 on ZZUK4446, Thursday 10-29-25, 2:22 |
| From: NY TRANSFER NEWS |
| To: ALL |
| Subj: Iraq/UK: Leaks and War's Legality (6/14) |
[continued from previous message] Straw, to 'put some steel in his spine', as one official has said. On 11 February, Goldsmith met Taft, a former US ambassador to Nato who was then chief legal adviser to the Secretary of State, Colin Powell. After a gruelling 90-minute meeting in Taft's conference room 6419, Goldsmith then met the US Attorney General, John Ashcroft, followed by a formidable triumvirate including Judge Al Gonzales, Bush's chief lawyer at the White House. Goldsmith also met William 'Jim' Haynes, who is Defence Secretary's Donald Rumsfeld's chief legal adviser, and John Bellinger, legal adviser to Condoleezza Rice, then the National Security Adviser. This group of lawyers is as renowned for fearsome intellect as it is for hard-line conservative politics. Bellinger is alleged to have said: 'We had trouble with your Attorney; we got there eventually.' From copies of Goldsmith's legal advice to the Prime Minister published last week, it is clear that these meetings had a pivotal role in shaping Goldsmith's view that there was a 'reasonable case' for war. Goldsmith states: 'Having regard to the information on the negotiating history which I have been given and to the arguments of the US Administration which I heard in Washington, I accept that a reasonable case can be made that Resolution 1441 is capable in principle of reviving the authorisation in 678 [which approved of military force in the first Gulf war] without a further resolution.' In an exclusive interview with The Observer, Taft has for the first time disclosed details of Goldsmith's mysterious visit to the US capital. Up until now, the British government has been reluctant to give any details of his meeting with the powerful network of lawyers in Bush's inner sanctum who helped persuade him that a second UN resolution was not necessary. Taft reveals the role Straw played in fixing up these meetings and how pleased the US lawyers were when they heard Goldsmith's final 'unequivocal' advice delivered to Parliament on the eve of invasion. Taft, a former deputy defence secretary under President Ronald Reagan, was the man to do that. He had been credited with masterminding the doctrine of 'pre-emption', which argues that a state can take military action to deter an attack. Crucially, Taft was also personally responsible in 2002 for drawing up 1441, which called on Saddam fully to comply with demands to disarm or face 'serious consequences'. Speaking from his country home in Lorton, Virginia, Taft explains how Straw set up Goldsmith's visit. 'It was something that grew out of a series of conversations between Secretary Powell and Secretary of State Straw,' said Taft. 'The question was: in particular circumstances - namely the failure of Iraq to comply with resolution 1441 - would the use of force be authorised in the absence of a further decision by the Security Council? We had reached the conclusion that, while a second resolution would be desirable, it was not necessary. 'As a legal matter, 1441 had been drafted in such a way that the Security Council was required to meet and discuss the subject in the absence of Iraq's compliance, but no further decision was needed. Secretary Powell had shared that conclusion with Mr Straw and Mr Straw said his lawyers were looking at this, the Attorney General in particular, and asked, could he meet Secretary Powell's lawyers? Because of that, Lord Goldsmith arranged to talk to us about our views.' Taft, who has since left the State Department to resume work in the private sector, said: 'Lord Goldsmith met with me and one or or two others in the State Department most of the morning. He then met with our Attorney General, and met with people at the Pentagon - Jim Haynes, and Judge Gonzales and John Bellinger.' To human rights groups and many international lawyers, this roll-call of Republican lawyers will ring alarm bells. Gonzales, the 49-year-old son of immigrants from Texas, has been at the heart of controversy over detainees in Guantanamo Bay and prisoner abuse scandals at Abu Ghraib. After a political battle in Washington, Bush appointed Gonzales US Attorney General earlier this year, despite leaks of memos from him that appeared to authorise the use of torture on 'enemy combatants' not categorised as prisoners of war. Critics say his interpretation of guidelines on torture paved the way for human rights abuses at Abu Ghraib. He was criticised after writing a memo to the President in which he said the war against terrorism was a 'new kind of war' that renders obsolete the Geneva Conventions' strict limitations on questioning enemy prisoners and renders 'quaint' some of its provisions. Haynes, another Texan, was appointed to the top legal job in the Pentagon in May 2001 and has been a controversial architect of Bush's 'war on terror' under the wing of Rumsfeld. Like Gonzales, he has been embroiled in the Abu Ghraib scandal. His nomination as a federal judge last year led to a 35,000-name petition being sent to the White House demanding the withdrawal of his name. Philippe Sands QC, an international lawyer whose book Lawless World re-ignited the row over the Attorney General's legal advice said: 'How delightful that a Labour government should seek assistance from US lawyers so closely associated with neo-con efforts to destroy the international legal order.' Taft denies that any undue pressure was put on Goldsmith or that the British Attorney General expressed grave doubts about the legality of any war. He said: 'We all told him what our views were in the same way .. although he didn't indicate at the time what his own conclusion would be. Our discussions were very straight up and he was looking to understand our argument.' Laughing he added: 'I will say that, when we heard his statement in Parliament, which was the next thing we heard about, what he said sounded very familiar.' The visit to Washington proved to be vital for providing a case for war that side-stepped the need for a second UN resolution: the so-called 'revival argument'. This relied on linking three UN resolutions: 678, which authorised the use of force in removing Iraqi forces from Kuwait in 1990; 687, which set the ceasefire conditions at the end of the war in 1991, including the dismantling of weapons of mass destruction; and 1441, which threatened 'serious consequences' if those conditions were breached. In his 7 March legal advice, Lord Goldsmith makes it clear that some British law officers believed that it was up to the Security Council, not individual states, to decide if Iraq was in breach of its obligations. But Goldsmith discloses that he had fully taken on board the arguments made to him during his visit to Washington: 'The US have a rather different view: they maintain that the fact of whether Iraq is in breach is a matter of objective fact, which may therefore be assessed by individual member states. I am not aware of any other state which supports this view.' The advice clarifies a second vital point: that the American legal advisers who drew up 1441 were convinced that it contained, in itself, the authorisation to use force against Saddam if he could be shown to have failed to disarm. Goldsmith refers specifically to his meetings with the neo-cons and the effect the arguments that Taft and others had on him: 'I was impressed by the strength and sincerity of the views of the US [continued in next message] --- SoupGate-Win32 v1.05 * Origin: you cannot sedate... all the things you hate (1:229/2) |
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