CIA Knew Iraq Shelved WMD
Plans
The New York Times
Spy's Notes on Iraqi Aims Were Shelved, Suit Says
By JAMES RISEN
Published: August 1, 2005
WASHINGTON, July 31 - The Central Intelligence Agency was told
by an informant in the spring of 2001 that Iraq had abandoned a
major element of its nuclear weapons program, but the agency did
not share the information with other agencies or with senior
policy makers, a former C.I.A. officer has charged.
In a lawsuit filed in federal court here in December, the
former C.I.A. officer, whose name remains secret, said that the
informant told him that Iraq's uranium enrichment program had
ended years earlier and that centrifuge components from the
scuttled program were available for examination and even
purchase.
The officer, an employee at the agency for more than 20 years,
including several years in a clandestine unit assigned to gather
intelligence related to illicit weapons, was fired in 2004.
In his lawsuit, he says his dismissal was punishment for his
reports questioning the agency's assumptions on a series of
weapons-related matters. Among other things, he charged that he
had been the target of retaliation for his refusal to go along
with the agency's intelligence conclusions.
Michelle Neff, a C.I.A. spokeswoman, said the agency would not
comment on the lawsuit.
It was not possible to verify independently the former
officer's allegations concerning his reporting on illicit
weapons.
His information on the Iraqi nuclear program, described as
coming from a significant source, would have arrived at a time
when the C.I.A. was starting to reconsider whether Iraq had
revived its efforts to develop nuclear weapons. The agency's
conclusion that this was happening, eventually made public by the
Bush administration in 2002 as part of its rationale for war, has
since been found to be incorrect.
While the existence of the lawsuit has previously been
reported, details of the case have not been made public because
the documents in his suit have been heavily censored by the
government and the substance of the claims are classified. The
officer's name remains secret, in part because disclosing it
might jeopardize the agency's sources or operations.
Several people with detailed knowledge of the case provided
information to The New York Times about his allegations, but
insisted on anonymity because the matter is classified.
The former officer's lawyer, Roy W. Krieger, said he could not
discuss his client's claims. He likened his client's situation to
that of Valerie Wilson, also known as Valerie Plame, the
clandestine C.I.A. officer whose role was leaked to the press
after her husband publicly challenged some administration
conclusions about Iraq's nuclear ambitions. (The former officer
and Ms. Wilson worked in the same unit of the agency.)
"In both cases, officials brought unwelcome information on
W.M.D. in the period prior to the Iraq invasion, and retribution
followed," said Mr. Krieger, referring to weapons of mass
destruction.
In court documents, the former officer says that he learned in
2003 that he was the subject of a counterintelligence
investigation and accused of having sex with a female contact, a
charge he denies. Eight months after learning of the
investigation, he said in the court documents, the agency's
inspector general's office informed him that he was under
investigation for diverting to his own use money earmarked for
payments to informants. He denies that, too.
The former officer's claims concerning his reporting on the
Iraqi nuclear weapons program were not addressed in a report
issued in March by the presidential commission that examined
intelligence regarding such weapons in Iraq. He did not testify
before the commission, Mr. Krieger said.
A former senior staff member of the commission said the panel
was not aware of the officer's allegations. The claims were also
not included in the 2004 report by the Senate Select Committee on
Intelligence on prewar intelligence. He and his lawyer met with
staff members of that Senate committee in a closed-door session
last December, months after the report was issued.
In his lawsuit, the former officer said that in the spring of
2001, he met with a valuable informant who had examined and
purchased parts of Iraqi centrifuges. Centrifuges are used to
turn uranium into fuel for nuclear weapons. The informant
reported that the Iraqi government had long since canceled its
uranium enrichment program and that the C.I.A. could buy
centrifuge components if it wanted to.
The officer filed his reports with the Counter Proliferation
Division in the agency's clandestine espionage arm. The reports
were never disseminated to other American intelligence agencies
or to policy makers, as is typically done, he charged.
According to his suit, he was told that the agency already had
detailed information about continuing Iraqi nuclear weapons
efforts, and that his informant should focus on other
countries.
He said his reports about Iraq came just as the agency was
fundamentally shifting its view of Iraq's nuclear ambitions.
Throughout much of the 1990's, the C.I.A. and other United
States intelligence agencies believed that Iraq had largely
abandoned its nuclear weapons program. In December 2000, the
intelligence agencies issued a classified assessment stating that
Iraq did not appear to have taken significant steps toward the
reconstitution of the program, according to the presidential
commission report concerning illicit weapons.
But that assessment changed in early 2001 - a critical period
in the intelligence community's handling of the Iraqi nuclear
issue, the commission concluded. In March 2001, intelligence
indicating that Iraq was seeking high-strength aluminum tubes
from China greatly influenced the agency's thinking. Analysts
soon came to believe that the only possible explanation for
Iraq's purchase of the tubes was to develop high-tech centrifuges
for a new uranium enrichment program.
By the following year, the agency's view had hardened, despite
differing interpretations of the tubes' purposes by other
intelligence experts. In October 2002, the National Intelligence
Estimate, produced by the intelligence community under pressure
from Congress, stated that most of the nation's intelligence
agencies believed that Iraq was reconstituting its nuclear
program, based in large part on the aluminum tubes.
The commission concluded that intelligence failures on the
Iraqi nuclear issue were as serious and damaging as any other
during the prelude to the Iraqi war. The nation's intelligence
community was wrong "on what many would view as the single most
important judgment it made" before the Iraq invasion in March
2003, the commission report said.
Mr. Krieger said he had asked the court handling the case to
declassify his client's suit, but the C.I.A. had moved to
classify most of his motion seeking declassification. He added
that he recently sent a letter to the director of the F.B.I.
requesting an investigation of his client's complaints, but that
the C.I.A. had classified that letter, as well.
Most of the details of the case, he said, "were classified by
the C.I.A., not to protect national security but to conceal
politically embarrassing facts from public scrutiny."
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