SENATE-HRG-IRAQ-INTEL, sked,0500

Sen. Carl Levin Holds A Hearing On The Defense Department Inspector General'S Report On The Activities Of The Office Of Special

 

 

 

Sen. Carl Levin Holds A Hearing On The Defense Department Inspector General'S Report On The Activities Of The Office Of Special 

     xfdtr SENATE-HRG-IRAQ-INTEL sked xfdsu

 

                            TRANSCRIPT

                                    

                        February 09, 2007

                                    

                        COMMITTEE HEARING

                                    

                                 

                                   

                          SEN. CARL LEVIN

                                   

                             CHAIRMAN

                                    

                 SENATE ARMED SERVICES COMMITTEE

                                    

                         WASHINGTON, D.C.

                                   

     SEN. CARL LEVIN HOLDS A HEARING ON THE DEFENSE DEPARTMENT

INSPECTOR GENERAL'S REPORT ON THE ACTIVITIES OF THE OFFICE OF SPECIAL

                    PLANS PRIOR TO THE WAR IN IRAQ

 

                        CQ Transcriptions, LLC

                        1255 22nd Street N.W.

                        Washington, D.C. 20037 

              Transcript/Programming: Tel. 301-731-1728

                   Sales: Tel. 202-419-8500  ext 599

                             sales@cq.com

                              www.cq.com

 

                Copyright 2007 CQ Transcriptions, LLC

   All materials herein are protected by United States copyright law

   and may not be reproduced, distributed, transmitted, displayed,

    published or broadcast without the prior written permission of

     CQ Transcriptions. You may not alter or remove any trademark,

        copyright or other notice from copies of the content.

 

 

     U.S. SENATE ARMED SERVICES COMMITTEE HOLDS A HEARING ON 

     THE DEFENSE DEPARTMENT INSPECTOR GENERAL'S REPORT ON 

     THE ACTIVITIES OF THE OFFICE OF SPECIAL PLANS PRIOR TO 

     THE WAR IN IRAQ

 

     FEBRUARY 9, 2007

 

               SPEAKERS:

               SEN. CARL LEVIN, D-MICH.

                         CHAIRMAN

               SEN. EDWARD M. KENNEDY, D-MASS.

               SEN. ROBERT C. BYRD, D-W.VA.

               SEN. JOSEPH I. LIEBERMAN, I-CONN.

               SEN. JACK REED, D-R.I.

               SEN. DANIEL K. AKAKA, D-HAWAII

               SEN. BILL NELSON, D-FLA.

               SEN. BEN NELSON, D-NEB.

               SEN. EVAN BAYH, D-IND.

               SEN. HILLARY RODHAM CLINTON, D-N.Y.

               SEN. MARK PRYOR, D-ARK.

               SEN. JIM WEBB, D-VA.

               SEN. CLAIRE MCCASKILL, D-MO.

 

               SEN. JOHN MCCAIN, R-ARIZ.

                         RANKING MEMBER

               SEN. JOHN W. WARNER, R-VA.

               SEN. JAMES M. INHOFE, R-OKLA.

               SEN. JEFF SESSIONS, R-ALA.

               SEN. SUSAN COLLINS, R-MAINE

               SEN. JOHN ENSIGN, R-NEV.

               SEN. SAXBY CHAMBLISS, R-GA.

               SEN. LINDSEY GRAHAM, R-S.C.

               SEN. ELIZABETH DOLE, R-N.C.

               SEN. JOHN CORNYN, R-TEXAS

               SEN. JOHN THUNE, R-S.D.

               SEN. MEL MARTINEZ, R-FLA.

 

               WITNESSES:

               THOMAS GIMBLE,

               ACTING DEFENSE DEPARTMENT INSPECTOR GENERAL 

 

     LEVIN:  Good morning, everybody.

 

     First, let me welcome Tom Gimble, the acting inspector general of

the Department of Defense.  

 

     Thank you for coming this morning to brief us on a matter which

you've been looking into for some time.

 

     More than two years ago, in October of 2004, I issued a report on

the alternative analysis of the Iraq-Al Qaida relationship which was

prepared and disseminated by the Office of Undersecretary of Defense

for Policy under the leadership of Douglas Feith.

 

     My report documented a number of actions taken by Undersecretary

Feith and his staff to produce an alternative intelligence analysis of

the alleged relationship between Iraq and Al Qaida in order to help

make the case to go to war against Iraq.

 

     My report concluded the following, back in 2004, quote,  "An

alternative intelligence assessment process was established in the

Office of Undersecretary for Policy Douglas Feith that was predisposed

to find a significant relationship between Iraq and Al Qaida.

 

     "His staff then conducted its own review of raw intelligence

reports, including reporting of dubious quality or reliability.

Drawing upon both reliable and unreliable reporting, they arrived at

an alternative interpretation of the Iraq-Al Qaida relationship that

was much stronger than that assessed by the intelligence community and

more in accord with the policy views of senior officials in the

administration," close quote.

 

     For example, the Feith office promoted the view that a meeting

allegedly took place in Prague in April of 2001, five months before

9/11, between the lead 9/11 hijacker, Mohammed Atta, and an Iraqi

intelligence officer.   

 

     The Feith office took the position that this alleged meeting was

key evidence of Iraqi involvement in the 9/11 attacks, despite the

fact that the intelligence community was skeptical that the meeting

ever happened, and reported its skepticism in intelligence reports

prepared for the highest officials in our government.

 

 

     LEVIN:  This morning, the Department of Defense inspector general

will deliver both a classified report and an unclassified executive

summary on the pre-Iraqi war activities of the undersecretary of

defense for policy.

 

     The executive summary confirms what I alleged about the Feith

office two years ago.  The inspector general's report this morning

states, quote:  "The Office of the Undersecretary of Defense for

Policy developed, produced and then disseminated alternative

intelligence assessments on the Iraq and Al Qaida relationship which

included some conclusions that were inconsistent with the consensus of

the intelligence community to senior decision-makers."

 

     The inspector general also finds that the Office of the

Undersecretary of Defense for Policy, quote, "was inappropriately

performing intelligence activities of developing, producing and

disseminating that should be performed by the intelligence community,"

close quote.  

 

     In response to some of my specific questions, the inspector

general confirms today the following.

 

     One, the Feith office produced its own intelligence analysis of

the relationship between Iraq and Al Qaida and presented its analysis

to other offices in the executive branch, including the secretary of

defense and the staffs of the National Security Council and the Office

of the Vice President.

 

     Two, the intelligence analysis produced by the Feith office

differed from the intelligence community analysis on the relationship

between Iraq and Al Qaida.

 

     Three, the Feith office presented a briefing on the Iraq-Al Qaida

relationship to the White House on September 2002 -- unbeknownst to

the director of central intelligence -- containing information that

was different from the briefing presented to the DCI, not vetted by

the intelligence community, and that was not supported by the

available intelligence, parenthesis, (for example, concerning the

alleged Atta meeting) without providing the intelligence community

notice of the briefing or an opportunity to comment.

 

 

     LEVIN:  Four, the briefing drew, quote, "conclusions or findings

that were not supported by the available intelligence, such as the

conclusion 'intelligence indicates cooperation in all categories,

mature symbiotic relationship, or that there were multiple areas of

cooperation and shared interest in pursuit of WMD and some indications

of possible Iraqi coordination with Al Qaida, specifically related to

9/11.'"

 

     The inspector general finds that these, quote, "inappropriate

activities" of the Feith office were authorized by the secretary of

defense or the deputy secretary of defense.

 

     These findings of the inspector general reinforce a conclusion

that I reached in my report more than two years ago:  that the Office

of the Undersecretary of Defense for Policy generated its own

intelligence analysis inconsistent with the views of the intelligence

community in order to support the policy goals of the administration. 

 

     Two recently confirmed senior administration officials have

publicly expressed their concerns about these activities of the Feith

office.

 

 

     LEVIN:  On May 18th, 2006, General Michael Hayden, now the

director of the Central Intelligence Agency, testified at his

nomination hearing that he was not comfortable with the Feith's office

approach to intelligence analysis. 

 

     Similarly, on December 5, 2006, Robert Gates, now secretary of

defense, testified at his nomination hearing that he understands that

the Feith office was producing its own intelligence analysis and,

quote, "I have a problem with that."

 

     The inspector general found it unnecessary to make any

recommendations in his report because changed relationships between

the Department of Defense and the intelligence community, in his

words, "significantly reduce the opportunity for the inappropriate

conduct of intelligence activities outside of intelligence channels in

the future."

 

     Well, unfortunately, the damage has already been done.  Senior

administration officials used the twisted intelligence produced by the

Feith office in making the case for the Iraq war.

 

     As I concluded in my October 2004 report, quote, "Misleading or

inaccurate statements about the Iraq-Al Qaida relationship made by

senior administration officials, were not supported by the

intelligence community analyses, but more closely reflected the Feith

policy office views. 

 

     "These assessments included, among others, allegations by the

president that Iraq was an ally of Al Qaida, assertions by the

national security adviser, Rice, and others that Iraq, quote, 'had

provided training in WMD to Al Qaida,' and continued representations

by Vice President Cheney that Mohammed Atta may have met with an Iraq

intelligence officer before the 9/11 attacks, when the CIA didn't

believe the meeting took place."

 

 

     LEVIN:  In November of 2003, the top secret report of the Feith

office was leaked to the Weekly Standard.  Shortly thereafter, Vice

President Cheney said publicly that the article in the Weekly Standard

was the, quote, "best source," close quote, of information about the

relationship between Iraq and Al Qaida.

 

     The bottom line is that intelligence relating to the Iraq-Al

Qaida relationship was manipulated by high-ranking officials in the

Department of Defense to support the administration's decision to

invade Iraq when the intelligence assessments of the professional

analysts of the intelligence community did not provide the desired

compelling case.

 

     The inspector general's report is a devastating condemnation of

inappropriate activities by the DOD policy office that helped take

this nation to war.

 

     I want to thank the inspector general for his report and

completing this review, and his independence.  I am concerned,

however, that only a two-page executive summary of the inspector

general's report is available in unclassified form, and I plan to work

with the inspector general and others to obtain declassification of

this report.  

 

     Senator Inhofe?

 

     INHOFE:  Thank you, Mr. Chairman.  

 

     First of all, you can read the same report and come up with

different conclusions, which is quite obvious and will be obvious.

And I think that we, of course, want to hear from Mr. Gimble on the

report so we can come to our own conclusions.

 

     I don't think in any way that his report could be interpreted as

a devastating condemnation, as you point out, Mr. Chairman.

 

 

     INHOFE:  You know, I've talked to the chairman of the

Intelligence Committee, Pat Roberts, on numerous occasions about this.

And they've gone over it and over it and over it; had the Intelligence

Committee, which is bipartisan; the bipartisan WMD committee --

Silberman and our former colleague Chuck Robb -- separately examine

these matters in detail.  Each concluded unanimously that no

intelligence analysts were pressured.

 

     The Intelligence Committee also found that there was no basis for

any allegations that have been made against the undersecretary.

 

     Roberts wrote to the Department of Defense inspector general --

now, he was the first one to make this request, and he did so for this

reason -- this is his quote now:  "The committee is concerned about

persistent and, to date, unsubstantiated allegations that there was

something unlawful or improper about the activities of the Office of

Special Plans with the Office of the Undersecretary.  I have not

discovered any credible evidence or unlawful or improper activity.

And yet the allegations persist."

 

     In attempt to stop these allegations once and for all, he had

made the request to the inspector general's office.

 

     I would have to say, also, Mr. Chairman, that these matters have

been scrutinized at least three times in the last three years by

bipartisan, nonpartisan groups.  The Intelligence Committee

unanimously reported that it found that this process, the policy-

makers' probing questions, actually improved the CIA's process. 

 

     In other words, what they were doing in getting into this thing

and bringing these issues up caused the intelligence community to go

back and relook and to reexamine and to do a better job than they were

going to do otherwise. 

 

     Some intelligence analysts even told the committee that policy-

makers' questions had -- and I'm quoting now -- "questions had forced

them to go back and review the intelligence reporting," and that

during this exercise they came across information that they had

overlooked in the initial readings.  In other words, they actually

provided a service by bringing these things up.

 

     As I mentioned to you, Mr. Chairman, I'll be leaving in 20

minutes to catch a plane, so I won't be bothering you too long here. 

 

     Thank you very much.

 

     LEVIN:  Thank you very much, Senator Inhofe.  

 

     We will make a part of the recorded at this time the Intelligence

Committee's decision that the Feith investigation would be left to

phase two.  They have not completed their investigation or even

undertaken their investigation of the Doug Feith operation because, by

its own decision, that was left to a future investigation called phase

two.  We will make that decision of the Intelligence Committee part of

the record.  

 

 

     LEVIN:  Mr. Gimble?

 

     GIMBLE:  Mr. Chairman, thank you for the opportunity to come

before you today to brief the results of our review.

 

     On September the 9th of 2005, Senator Pat Roberts, chairman of

the Senate Select Committee on Intelligence, requested that my office

review whether the Office of Special Plans, OSP, at any time conducted

unauthorized, unlawful or inappropriate intelligence activities.  

 

     Later that month, on September 22nd, 2005, Mr. Chairman, you

requested that my office also review the activities of the Office of

the Undersecretary of Defense for Policy, including the Policy

Counterterrorism Evaluation Group and the Policy Support Office, to

determine whether any of their activities were either inappropriate,

improper and, if so, provide recommendations for remedial action.  

 

 

     GIMBLE:  And also you provided a list of 10 questions.  

 

     Our objective in this review was to determine whether the Office

of Undersecretary of Defense Policy activities of any of the former

OSP or PTAG (ph) organizations at any time conducted unauthorized,

unlawful or inappropriate intelligence activities, from the time of

2001 through June 2003.

 

     We performed this review from November 2005 through November

2006, in accordance with the quality standards for federal offices of

inspectors general.

 

     To achieve the objective, we interviewed 75 current or former

personnel.  We reviewed unclassified and classified documentation

produced and available from September 2001 through June 2003.  It

included DOD directives, testimony, guidance, procedures, reports,

studies, briefings, message traffic, e-mails, firsthand accounts,

memoranda, and other official data on pre-intelligence in the specific

areas of the inquiry posed by Congress.

 

     We assessed information from the Senate Select Committee on

Intelligence and documents also from the undersecretary of defense

policy.

 

     We found that the Office of the Undersecretary of Defense for

Policy developed, produced and then disseminated alternative

intelligence assessments on Iraq and Al Qaida relations which included

conclusions that were inconsistent with the consensus of the

intelligence community and these were presented to senior decision-

makers.

 

     While such actions are not illegal or unauthorized, the actions,

in our opinion, were inappropriate, given that all the products did

not clearly show the variance with the consensus of the intel

community, and in some cases were shown as intel products.

 

     The condition occurred because the role of the Office of the

Undersecretary of Defense Policy was expanded from the mission of

doing defense policy to analyzing and disseminating alternative

intelligence.  As a result, the office did not provide the most

accurate analysis of intelligence to the senior decision-makers.

 

     I would, at this point, like to just briefly in an unclassified

version give a response to the 10 questions that you proposed to us,

and the first being:  Did the Office of the Undersecretary Feith

produce its own intelligence analysis of the relationships between

Iraq and Al Qaida and present its analysis to other offices in the

executive branch, including the Office of Secretary of Defense and the

staffs of the National Security Council and the Office of the Vice

President?

 

     Yes, in our report, we discuss that members of USD Policy

produced a briefing on terrorism based on intelligence reports and

provided such report to the executive branch.

 

     Second question:  Did the intelligence analysis produced by

Undersecretary Feith's office differ from the intelligence community

analysis on the relationship between Iraq and Al Qaida?

 

 

     GIMBLE:  Yes, the undersecretary's office announced -- has

included some conclusions that differed from those of the intelligence

community.  

 

     Third question:  Was the alternative OSP policy intelligence

analysis supported by underlying intelligence?  

 

     We concluded:  Partially.  Alternative intelligence analysis that

the policy office produced were not fully supported by underlying

intelligence.

 

     Fourth question:  Did the undersecretary, Feith, send CIA ORCON

material to the Senate Select Committee on Intelligence in October of

2003 without CIA approval to release it, even though such approval is

required by executive order?

 

     Yes.  However, both CIA and the undersecretary for policy believe

that CIA had approved the ORCON material before sending it to the SSI

in October of 2003.  

 

     Fifth question:  Did Secretary Feith mislead Congress when he

read to several congressional committees in January 2004 revised ORCON

materials that were represented as containing CIA's requested changes

to the October 2003 documents but which were not fully and accurately

reflect the CIA's requested changes?

 

     No.  The undersecretary did not mislead Congress when he sent the

revised ORCON material to the congressional committees in January of

2004.  

 

     Sixth question was:  Did the Office of the Undersecretary of

Defense prepare and present briefing charts concerning the

relationship between Iraq and Al Qaida that went beyond available

intelligence by asserting that alleged meeting between lead 9/11

hijacker Mohammed Atta and the Iraq intelligence office in Prague on

April 2001 was a known contact?

 

 

     GIMBLE:  Yes, the Policy Office produced a briefing assessing the

relationship between Iraq and Al Qaida in which one slide discussed

alleged meeting in Prague between Mohammed and the Iraqi intelligence

office as a known contact. 

 

     Did the staff of the undersecretary present a briefing on the Al

Qaida relationship to the White House on September 2002 unbeknownst to

the director of central intelligence containing information that was

different from the briefing presented to the director of central

intelligence not vetted by the intelligence community and that was not

supported by available intelligence -- for example, the alleged Atta

meeting -- without providing the intelligence community notice of the

briefing or an opportunity to comment?

 

     Yes, the undersecretary presented three different versions of the

same briefing, of which some of the information was supported by

available intelligence, to the secretary of defense, the director of

central intelligence, the deputy national security adviser and the

chief of staff, the Office of the Vice President. 

 

 

     GIMBLE:  Question number eight:  Did the staff of undersecretary

of policy undercut the intelligence community in its briefing to the

White House staff with a slide that said there were fundamental

problems with the way the intelligence community was assessing

information concerning the relationship between Iraq and Al Qaida and

inaccurately suggesting that the intelligence community was requiring

legal evidence to support a finding while not providing the

intelligence community a notice of the briefing or an opportunity to

comment?

 

     Yes, we believe that the slide undercuts the intelligence

community by indicating to the recipient of the briefing that there

were fundamental problems with the way that the intelligence community

was assessing the information.

 

     The ninth question you proposed was:  Did the Office of the

Undersecretary of Policy briefing to the White House draw conclusions

or findings that were not supported by the available intelligence,

such as 'The intelligence indicates cooperation in all categories as

mature, symbiotic relationship or that there were multiple areas of

cooperation, shared interest and pursuit of WMD, and some indications

of possible Iraqi coordination with Al Qaida specifically related to

9/11'?

 

     Yes, the briefing did draw conclusions that were not fully

supported by the available intelligence. 

 

     The final question was:  Did the undersecretary of policy staff

prepare and did the undersecretary, Feith, send to the secretary of

defense and the deputy secretary of defense a written critique of a

report entitled "Iraq and Al Qaida:  Interpreting a Murky

Relationship" that was prepared by the director of central

intelligence Counterterrorism Center, stating that the CIA's

interpretation ought to be ignored without providing CIA notice or

opportunity to respond?

 

     Yes, however, there is no requirement to provide an internal OSP

document to CIA for their review. 

 

     That concludes my statement.  I would -- subject to

classification, I'd be willing to entertain your questions that I

could. 

 

     LEVIN:  Thank you, Mr. Gimble.

 

     We will start with six-minute rounds, and then we will have more

than one round.  But this is to accommodate the number of members who,

I believe, have to leave immediately. 

 

     Mr. Gimble, in my letter of September 2005, I asked you to look

into whether the alternative intelligence assessments of the Feith

office differed from the intelligence community analysis which was

provided to the Office of the Vice President and to the National

Security Council, and whether it differed on the relationship between

Iraq and Al Qaida.  Your report says that it did differ, and I want to

ask you about a few specifics.

 

     Did the intelligence community agree with the following Feith

conclusions:  one, that it was known that Mohammed Atta, the lead

hijacker, and an Iraq intelligence agent met in Prague in April 2001?  

 

     GIMBLE:  There was a difference.  The intelligence community

thought that that was not a verifiable meeting.  And subsequently, it

was proven that it did not occur.  But prior to that, there was

questions as to whether it did or didn't.  It was not as presented.

 

     LEVIN:  It was not a known contact.

 

     GIMBLE:  Right.

 

     LEVIN:  Did the intelligence community agree with the following

Feith conclusion:  that the relationship between Iraq and Al Qaida was

a mature, symbiotic relationship?

 

     GIMBLE:  It did conclude that.  

 

     LEVIN:  Sorry?

 

     GIMBLE:  It did conclude that.

 

     LEVIN:  The intelligence community did agree with that or did

not?

 

     GIMBLE:  It did not agree with that.

 

     LEVIN:  Did the intelligence community agree with the following

Feith conclusion:  that intelligence indicates cooperation in all

categories between Iraq and Al Qaida?  Did they agree?

 

     GIMBLE:  Did the intelligence agree?  No, they did not.

 

     LEVIN:  Did the intelligence community agree that Iraq and Al

Qaida had a shared interest in pursuit of WMD?

 

 

     GIMBLE:  The answer is no.

 

     (UNKNOWN):  I didn't hear what he said.

 

     LEVIN:  The answer is no, you said?  

 

     GIMBLE:  Correct.

 

     LEVIN:  So on four critical issues, you have found -- your report

-- that the intelligence community did not agree with the Feith

finding and its alternative intelligence assessment presented to the

highest policymakers in this country; that it was known that Atta met

with the -- the lead hijacker -- met with Iraqi intelligence agency;

that there was a symbiotic relationship between Iraq and Al Qaida;

that intelligence indicates cooperation in all categories between Iraq

and Al Qaida; that Iraq and Al Qaida had a shared interest in pursuit

of WMD.  

 

     I can't think of much more devastating commentary on an analysis

which was presented to the highest levels of this government than what

you have found.

 

     And I will stand by the statement that this is devastating

because, without the knowledge of the intelligence community, we have

an alternative intelligence analysis being presented on war or no-war

issues whether or not the people who attacked us on 9/11 had a

connection to Saddam Hussein.  

 

     These issues are as critical as any issues I have ever seen in

the intelligence community.  These issues and these assessment that

were provided to the highest-level policymakers backed a decision to

go to war. 

 

 

     LEVIN:  What is more important than that?

 

     I can't think of anything.

 

     What is more devastating than a commentary that we had the second

route of intelligent assessments going to the vice president of the

United States and the National Security Council?

 

     What commentary can be more essential to the life of this nation

and to our citizens than that?

 

     I can't think of many things.  

 

     And then when you track the statements made by the policymakers,

which made out a greater connection between Al Qaida and Saddam

Hussein than was supported by the intelligence community; and when the

American people were told that there was a likely meeting between the

lead hijacker and Iraqi secret service in Prague, when the

intelligence community did not believe that meeting took place, had

grave doubts that that meeting took place, and always did; this is as

serious a matter, I believe, as this committee has considered.  

 

     And I know the Intelligence Committee has before it, yet undone,

a phase two investigation of the operations of the Feith office.  That

phase two investigation by the intelligence community lies ahead of

it.  

 

     But these matters, it seems to me, are of the utmost seriousness

to this nation.  And we are very, very grateful for your decision to

look into these and to give us your own independent assessment.

 

     Now, I said there was going to be a six-minute round.  I don't

want to overdo because I know Senator Inhofe has to leave.  

 

 

     LEVIN:  So, Senator Inhofe?

 

     INHOFE:  Thank you, Mr. Chairman.

 

     Mr. Gimble, as I understand it, the routing that took place of

the information that Secretary Feith had went from him to Wolfowitz

and Rumsfeld, DOD, and it went from them to Tenet and Jacoby, the DCI

and DIA, and then it went on to Hadley.

 

     Is this the routing that you believe took place?

 

     GIMBLE:  Yes, sir.  If you'd like some dates, I can probably

provide some of that.

 

     INHOFE:  All right.  

 

     If this routing, instead of going from Feith to DOD and then to

DCI, DIA, if it had gone to DCI, DIA first, then to DOD and then to

Hadley, would that have been more appropriate?

 

     GIMBLE:  Let me explain what happened based on the documentation

that we see.

 

     There was a tasking put out in January of 2002 from the deputy

secretary to Undersecretary Feith to assess the links between Al Qaida

and Iraq.

 

     Then the next point where there was a decision point was in July

25th, there was a group of detailees in the policy shop, intel

analysts that were detailed over.  They compiled a position paper that

was later translated into a briefing, OK?

 

     That briefing was on August the 8th, presented to the secretary.

At that time, he gave direction to give it to DCI Tenet.  

 

 

     GIMBLE:  And before the -- and that was given on August 15th, but

on the time frame of August 9th through 14th, the intel community

players, that included DIA, CIA and a number of other intel community

people, looked at that July 25th memo and critiqued it.  And they had

significant disagreement.  There was some agreement, but there was

significant disagreement.  There was, like, 26 points.  

 

     And, essentially, they disagreed with more than 50 percent of it

and either agreed or partially agreed with the remainder.

 

     And I can get into that in the classified...

 

     INHOFE:  Well, all right.  That's not necessary.  I'm just trying

to get, in my...

 

     GIMBLE:  Well, here's the other part of the flow of the

information. 

 

     When they had the August 15th briefing, there's reported in some

cases where the DCI agreed with the things, saying "This is a useful

presentation."  And he did, in fact, do that.  He said it was useful.

 

     In our interviews with him, he later said -- he only said it was

useful because he didn't agree with it and he was just trying to, you

know, nicely end the meeting.

 

     As a result of that meeting, he called together all the analysts,

which, on August 20th, the intel community and the policy group all

met together and they debated the agreements and disagreements.

 

     What happened at that roundtable was the CIA did do some changes

on some of their reports -- some minor changes, as I understand it.

The other part of it was is that they offered to footnote those

disagreements, which is our issue in our report, is you can have

different opinions, but you need -- if there's differences, you should

-- if you don't vet them, you should at least identify them where the

decision-makers...

 

     INHOFE:  All right.  We're using up...

 

     GIMBLE:  Then the next thing was is that after that they chose

not -- the policy group went and did the final briefing to the

national security deputy, the National Security Council, and they

didn't make the changes that were talked about in that August 20th

meeting.

 

     So that's, kind of, my view of the flow of information.

 

     INHOFE:  All right.  

 

     As I read this material, and I have been around long enough to

recognize this when I see it, I see a lot of turf battle taking place

here.  

 

 

     INHOFE:  And on July the 9th of '04, Senator Rockefeller

insinuated that Mr. Feith may have been executing intelligence

activities which are not lawful.  He said that they were not lawful.

 

     Did you have any evidence that Mr. Feith did anything illegal?

 

     GIMBLE:  We had no evidence that he did anything illegal nor did

he did anything that was not authorized.

 

     INHOFE:  Yes.  Well, that was in your report. 

 

     Real quickly, it's my feeling, and in my opening statement, as I

stated, that these things have been scrutinized many, many times over

the past few years.  But the interesting thing that I found is that

the Intelligence Committee unanimously reported that it found that the

process of policymakers' probing questions actually improved the CIA's

process.       

 

     Now, what they're saying is that there are some things that were

improved as a result of being forced to go back and look as a result

of whether this was improper or proper, the activities of Mr. Feith.  

 

     Do you think that that individual was right when he makes that

statement?

 

     GIMBLE:  I think the statement is right in this respect:  is I

think they did go back -- they didn't necessarily change the process

-- they went back and looked at some of their information...

 

     INHOFE:  That wouldn't have otherwise looked at perhaps.

 

     GIMBLE:  Probably not. 

 

     And they did make some adjustments.  And I understand those

adjustments were minor, but that doesn't -- I have no opinion on that.

 

     INHOFE:  All right.

 

     Then it says some analysts even told the committee that the

policymakers' questions had forced them to go back and review the

intelligence reporting and that during this exercise they came across

information that they had overlooked in the initial findings.

 

 

     INHOFE:  Is that what you're saying also?

 

     GIMBLE:  I'm saying that they went back -- it did cause them to

go back and look, as I understand, and there was some adjustments

made.

 

     INHOFE:  Your report says that this was not illegal; that in fact

it's rather benign the way it characterized the actions of Mr. Feith.

Would you say that his actions were -- or that your report is a

devastating condemnation against Secretary Feith?

 

     GIMBLE:  My report is -- what I view it is as a flat, fact-based

report of the events that occurred.  I don't have an opinion as to

whether it's devastating or not devastating.

 

     INHOFE:  Thank you, Mr. Gimble.

 

     Thank you very much.

 

     LEVIN:  Thank you very much, Senator Inhofe.

 

     Senator Webb?

 

     WEBB:  Thank you, Mr. Chairman.

 

     And thank you, Mr. Gimble, for being here and also for your

service, not only in the Pentagon, but in Vietnam.  I think it should

be noted:  You were wounded as a soldier in Vietnam.  I have a great

respect for your service.

 

     I would like to strongly associate myself with the comments of

the chairman.  I think this is an issue that is vitally important not

only in retrospect, but also today, in terms of how it relates to the

health of our society and the functioning of our government.

 

     I was one of those many people outside government as this process

was going on.  But as someone who had five years in the Pentagon and

watching these assessments come out, I and a number of people were

actively skeptical and troubled by some of the information that was

coming out.

 

     And when you indicate in here that these actions were not illegal

or unauthorized -- and I want to get to the unauthorized part in a

minute -- but that were inappropriate, you made the point here this

morning -- I'm going to quote you as saying that, "In some cases, they

were shown as intelligence products."

 

     WEBB:  That seems to be your demarcation on the appropriateness

of the level.  And I would say, that was extremely damaging, not only

to the process of government but to the public's understanding of the

stakes in the invasion of Iraq.

 

     And that's a misunderstanding that persists to this day and

affects the debates that are going on right now.

 

     So I thoroughly agree with the chairman here that this is

something that we need to continue to look at in terms of

accountability and the health of the process.

 

     I was reading through a list of follow-on questions and answers.

If the chairman doesn't mind, I'd like these -- these came from the

chairman, but there are a couple here that I would like to ask you a

question about.

 

     The first is, when we talk about the notion of being authorized

or unauthorized, your answer here was that -- in terms of these

actions being unauthorized, is that you said in your written answer,

"Many of the activities were authorized by the secretary or deputy

secretary.  Therefore the activities were not unauthorized."

 

     What does that mean for the ones that weren't authorized by the

secretary or deputy secretary?

 

     GIMBLE:  The ones that we looked at, we concluded that they were

authorized.  It was a broad, go forward and do an alternate intel

assessment, even though they didn't use that term.

 

     And we thought the secretary and the deputy secretary have the

authority, under DOD Directive 5111.1, to other duties as assigned,

essentially.

 

     If you go back to the January 22nd memorandum that went from Dr.

Wolfowitz to Undersecretary Feith, it was interesting to us that

you're doing -- analyzing and establishing links that were, in our

opinion, as an intelligence activity -- it was interesting that that

was directed through the policy shop and not back through either, at

the time, assistant secretary of defense CCCI, which is the intel

group, or through the director of intelligence in the DIA. 

 

 

     GIMBLE:  It went down a policy channel; it was taken out of the

intel channels. And it appeared to be for us -- and alternative

intelligence assessment. 

 

     We think that was authorized.  We think it's legal.  The issue

for us -- we said it was inappropriate was we think when you have

differing views and unvetted information that it's the responsibility

of the presenter to present both sides of it.  And that's where we

come with our determination that this is inappropriate.

 

     WEBB:  Just so I can understand this, you're saying that there

were activities that had not been authorized by the secretary or

deputy secretary but in your view had been authorized by other

portions of the...

 

     GIMBLE:  No, sir, we think that what they did was authorized by

the department.

 

     WEBB:  All.

 

     GIMBLE:  I'm not aware of any offhand.  The major thrust -- it

was all authorized.  There may be one or two that the secretary

didn't, or deputy secretary...

 

     (CROSSTALK)

 

     WEBB:  In your answer you say "many" rather than "all."

 

     GIMBLE:  I really think that's an imprecise answer on my part in

the written. 

 

     WEBB:  OK. 

 

     You also, at another place here, Q4, state that there were a

number of documents -- being loyal to my chairman here -- that were

denied access and that three of these documents were relevant to the

review, but none were relevant to the finding.

 

 

     WEBB:  But your finding essentially seems to say that the overall

problem has been fixed with the new sophistication in the process.

 

     But how were they relevant to the review and not to the finding?

 

     GIMBLE:  There were 58 documents that were in question and we had

access to all 58 documents.  And when we look at the specific question

that we're dealing with on this particular report, 55 of them didn't

deal with these issues.

 

     Three of them did deal with them, but they were, kind of,

background-related.  But at the end of the day, they didn't have any

impact on our assessment or finding.  They were just...

 

     WEBB:  But would they have an impact, in your view, on the

public's understanding of how we got into this?

 

     GIMBLE:  No, sir, I don't believe they would.  Otherwise, we

would have incorporated the results of them into our review.

 

     WEBB:  I thank you.

 

     LEVIN:  Thank you, Senator Webb.

 

     Senator Chambliss?

 

     CHAMBLISS:  Thank you, Mr. Chairman.  

 

     Let me just say, after listening to everything I've heard this

morning, I'm truing to figure out why we're here.  We're beating this

horse one more time.

 

     But let me see if I can, Mr. Gimble, get the record straight.  

 

     Did the Office of Special Planning at the Department of Defense

gather any intelligence?

 

     GIMBLE:  They had access to intelligence databases...

 

     CHAMBLISS:  Did they gather any intelligence?

 

     GIMBLE:  You mean like in a...

 

     CHAMBLISS:  Mr. Gimble, did they gather any intelligence?  It's a

simple question.

 

     GIMBLE:  No, they did not go out and do first-source gathering.

 

     CHAMBLISS:  So they did not gather intelligence.  They analyzed

intelligence that had been gathered by the CIA, the DIA, our

intelligence community.

 

 

     CHAMBLISS:  Is that correct?

 

     GIMBLE:  That's correct.

 

     CHAMBLISS:  All right.

 

     Now, there were a lot of people doing analysis of that

information -- is that correct? -- within the CIA, with the DIA, and

the other aspect of the intelligence community.

 

     GIMBLE:  Yes, sir.

 

     CHAMBLISS:  Part of the information that was obtained by the

intelligence community was a report with respect to contact between

Atta and the Al Qaida.  Is that correct?

 

     GIMBLE:  Correct.

 

     CHAMBLISS:  Now, where'd that come from?

 

     GIMBLE:  I need to go back and do that in closed session.  That'd

be classified.  If we could defer that, I'd be more than happy to.

 

     LEVIN:  We will have a closed session immediately after this.

 

     CHAMBLISS:  I don't believe that's classified.  It's been pretty

public that it came from the Czech service.  Is that correct?

 

     GIMBLE:  That's one place, yes.

 

     CHAMBLISS:  That's one place?  So it came from more than one

place.

 

     GIMBLE:  It came from the Czech service.  Basically the position

of the intel community is it was not verifiable and there were some

questions about the...

 

     CHAMBLISS:  There was a question -- there was a question in the

analysis as to whether it was right or not.  Isn't that correct?

 

     GIMBLE:  Yes.

 

     CHAMBLISS:  Some people in the intelligence community thought it

was correct; others thought it was incorrect.

 

     GIMBLE:  The consensus...

     (CROSSTALK)

 

     LEVIN:  Excuse me.  What was the answer?

 

     GIMBLE:  The consensus of the intel community thought it was not

verifiable.

 

     CHAMBLISS:  Well, the Czech service was pretty confident about

their source, were they not?

 

     GIMBLE:  They were.

 

     CHAMBLISS:  Can you tell me when the Czech service finally said

that they thought their source was not correct?

 

     GIMBLE:  It was 2006.

 

     CHAMBLISS:  January of 2006; so some, I don't know, six years

after the fact.

 

     And my point being that the intelligence community is not exact

science.  There are differences of opinion.

 

 

     CHAMBLISS:  In our report that the Senate Select Committee on

Intelligence made, of which Senator Levin was a member of at the same

point in time that I was, we had what I think is a correct conclusion,

that Senator Levin and I agreed on:  that the intelligence provided by

the intelligence community to policymakers and decision-makers pre-

the conflict in Iraq was flawed.

 

     And one of the reasons it was flawed is because there were folks

at the State Department who had access to information that was

different from the information that the CIA had and the DIA had.

 

     Do you recall that?

 

     GIMBLE:  Not the State Department.

 

     CHAMBLISS:  Well, suffice it to say that's correct.  It's in the

report.

 

     And there was a disagreement within the intelligence community as

to what the reliability of the sources were -- and I'll mention

Curveball, because everybody's read about Curveball, now.  And that

source, at the end of the day, it turned out to be unreliable.  But at

the time the information was taken by the CIA, they thought he was

reliable.  But it turns out he was unreliable.

 

     So, again, my point is that this is not exact science.

 

     Now, the I.G. report that you issued cites as evidence Senator

Levin's, quote, "report of an inquiry into the alternative analysis of

the issue of Iraq-Al Qaida relationship," close quote.

 

     That report claims that administration officials made statements

which do not accurately reflect the intelligence assessments that were

provided by the intel community.  

 

     Now, the community provided to the Senate Intel Committee over

40,000 intelligence assessments on Iraq from the intelligence

community which support the administration's statements.

 

     Did you examine the full scope of the intelligence community

documents to enable you to conclude that public statements made

included information which did not come from the intelligence

community?

 

     GIMBLE:  What our issue was -- and I think we're getting a little

off-point here -- is the briefing was -- for example, the meeting

you're talking about was a briefing that was provided without the

caveats.   

 

     In other words, all we're saying is, we're not -- we don't have a

conclusion which side was right or which is wrong.

 

     What we're concluding is if you have disagreements -- significant

disagreements, it's the responsibility of the presenter to make those

aware -- make the people you're presenting to aware of those

disagreements. 

 

     CHAMBLISS:  Which is exactly the point that Senator Levin and I

made in our report of the intelligence leading up to the conflict in

Iraq.

 

     Now, the most famous comment that came out of the issue of WMD

and Iraq was "slam-dunk."  Director Tenet, when asked by the president

as to whether or not there were WMD in Iraq, he said, "It's a slam-

dunk."  Do you recall that?

 

     GIMBLE:  I saw that on TV, yes.

 

     CHAMBLISS:  Is there anything in your investigation that

indicates that statement by Director Tenet was made based upon

information obtained from Mr. Feith?

 

     GIMBLE:  We didn't look at that, WMD.  We looked at the

relationship between Iraq and Al Qaida.  

 

     CHAMBLISS:  At the time that Mr. Feith made his investigation and

gave a briefing, who did he give the briefing to first?

 

     GIMBLE:  The first briefing of the series of three was to the

secretary and deputy secretary.

 

 

     GIMBLE:  And that, as I was saying earlier, the secretary told

them to go brief the DCI, which they did.  And then...

 

     CHAMBLISS:  Wait, wait, wait, wait a minute.  You briefed the

secretary of defense and the secretary of defense said, "This is

interesting.  Go brief George Tenet, the head of the CIA."

 

     GIMBLE:  Right.

 

     CHAMBLISS:  And did he go brief George Tenet?

 

     GIMBLE:  He went and briefed -- yes, he did.

 

     CHAMBLISS:  And did Director Tenet make any comment after the

briefing?

 

     GIMBLE:  The comment that we had in the subsequent interview was

is that he told the -- he dismissed the meeting, saying, "This is

useful."  And then he immediately kept back the Intel group to include

Admiral Jacoby and put together the meeting that came up on August the

20th to get the analysts together to vet out the differences or

disagreements.  He thought -- his position, the CIA's position was

that they didn't agree with the undersecretary's position.

 

     CHAMBLISS:  OK, so once again, we had a disagreement in the

community over issues of intelligence, is that correct?

 

     GIMBLE:  That's correct.

 

     CHAMBLISS:  OK.

 

     Thank you, Mr. Chairman.

 

     LEVIN:  Thank you, Senator Chambliss.

 

     Senator Reed?

 

     REED:  Thank you, Mr. Chairman.

 

     The opinion of the intelligence community in the fall of 2002,

with respect to that meeting, the alleged meeting with Atta in

Czechoslovakia, was that it was substantiated.  Is that fair to say?

 

     GIMBLE:  That's correct.

 

     REED:  Mr. Feith was aware of that?

     GIMBLE:  They were aware of that.

 

     REED:  His conclusion at his briefing was that this was known, it

was a fact.  Is that correct?

 

     GIMBLE:  That's correct.

 

     REED:  So that was a significant departure from the conclusion of

the intelligence community, deliberately made by Secretary Feith?

 

     GIMBLE:  There was a difference between the consensus opinion of

the intel community.

 

     REED:  Now, in the series of briefings that Mr. Feith gave, did

he provide identical information at every briefing?

 

     GIMBLE:  There were some variations of the briefing.

 

     REED:  And what are the most significant variations?

 

     GIMBLE:  Let me get that -- capture this correctly, because I

want...

 

     REED:  Can you please bring the microphone?

 

     GIMBLE:  Let me get this.  I need to make sure what's not

classified in this.

 

     Senator, this is marked secret.  I mean, I understand the...

 

     (CROSSTALK)

 

     REED:  I don't want to go into -- I don't want to go into secret

matters here because that's inappropriate.

 

     But in a general sense, he changed the briefing for his audience.

 

 

     REED:  Is that correct?

 

     GIMBLE:  Sorry?

 

     REED:  He changed the briefing for his audience?

 

     GIMBLE:  There were adjustments made depending on the audience.

 

     REED:  Well, why would he do that?  Why would he change

significant -- and without going into details; this is not just

paragraph and grammatical changes -- why would he make changes based

on the audience?

 

     GIMBLE:  I don't think I'm in a position to make a comment on why

he would do what he did.

 

     REED:  Did you interview Mr. Feith under oath?

 

     GIMBLE:  We interviewed Mr. Feith.  It was not under oath.

 

     REED:  Why would you not interview him under oath?

 

     GIMBLE:  Because this is a review, not an investigation.  We

typically don't -- unless we're doing either administrative or

criminal investigation, we typically don't swear people in.

 

     REED:  Right.  

 

     So Mr. Feith has never, under oath, responded to any of these

questions.  

 

     You specifically did not ask him why he would change briefings

for different audiences.  Is that correct?

 

     GIMBLE:  Not under oath.

 

     REED:  Not under oath.  

 

     Well, did you ask him, in terms of an interview, why he changed

his briefing?

 

     GIMBLE:  Well, one of the changes was that they took a slide out

of the briefing to the DCI, to Mr. Tenet, because it was a critical of

the intel thing.  And according to Secretary Feith, that was the

reason they took it out.

     REED:  Now, some of my colleagues have been talking about

improving the process.  How do you improve the process when you have a

chance to talk to the DCI and you specifically do not criticize what

he's doing?

 

     GIMBLE:  Again, I think the process is pretty good.  There's a

vetting of -- there's a process in place by regulation, and when you

have differences of opinion, you stand -- the analysts stand those

interpretations or their positions up and they either stand or fall on

their own merit.

 

     If you still have significant disagreements at the end of that,

it's the responsibility, I think, to identify those and document them.

And that's actually what was not done in this case.

 

     REED:  Right.  

 

     I understand -- and you might have more specificity -- that Mr.

Feith briefed the White House in 2002, but Director Tenet was not

aware of that briefing until approximately two years later.  Is that

correct?

 

     GIMBLE:  That's my understanding.

 

     REED:  Pardon?

 

     GIMBLE:  That is my understanding.

 

     REED:  That's your understanding.  

 

     So when Mr. Feith briefs the DCI, my presumption -- and your

advice would appreciated -- is that they would consider this as an

ongoing process of trying to reconcile different viewpoints on

intelligence.  

 

     But unbeknownst to the director of intelligence, a briefing,

which he might agree with or disagree with, has already been given to

the White House in a manner that suggests it's authoritative and

accurate.

 

     Is that a fair assessment?

 

     GIMBLE:  Let me clarify a couple points on this. 

 

     First of all, the briefing that was done at the National Security

Council, that was attended by the chief of staff of the vice president

-- Secretary Feith was not present at that briefing.  That was staff

that gave that briefing.

 

     From looking at the charts, it was a period that there was

briefed -- and I don't know what the discussion was on, but it was

briefed and it was authoritative, in my view, as "These are the

facts."

 

     REED:  And your subsequent conclusion suggests that some of those

facts were in serious doubt at that time. 

 

     GIMBLE:  The intelligence community had some serious issues with

some of the facts. 

 

     Again, I need to just remind everyone, we didn't make an

assessment on the validity of either side of this issue.  We're just

merely saying that there was a discrepancy out there and we don't

think it was reconciled and presented, both sides of it, as the

briefings went on.

 

     REED:  Well, I must say, I'm very troubled about this.  And I

think everyone else here understands that intelligence is sometimes an

art, not a science.  But when you change the picture for your

audience, it's deeply suspicious, your motives and you intentions. 

 

     Thank you. 

 

     LEVIN:  Thank you, Senator Reed.

 

     I believe -- make sure I do this right -- Senator Sessions?

 

     (CROSSTALK)

 

     SESSIONS:  I'm not a part of the intelligence community and

haven't tried to master this brouhaha that's been going on -- blame

somebody -- about all of our intelligence issues, and have not tried

to fully master it.  

 

     I know my feeling about the Iraq war was based on my belief that

Iraq was violating the resolutions of the United Nations, the

agreements they made after the first Iraq war, and that they were

breaching the embargo.  We were flying aircraft over them and dropping

bombs on them and they were shooting missiles at us on a weekly,

almost daily, basis.  And we either had to get that brought to a

conclusion or not.  

 

     And I think my remarks at the time indicate that that was my

primary concern.  And I think it was a main concern of our foreign

policy.  

 

     But these were matters of importance.  

 

     And so I ask, Mr. Gimble, isn't it true that this -- some

staffers in Mr. Feith's shop found some information in the

intelligence gathered by our intelligence-gathering agencies that

indicated on the surface that there was a connection between Iraq and

Al Qaida?

     GIMBLE:  They did find the information that they concluded that

there was. 

 

     SESSIONS:  And this had been even referred to in the intelligence

community assessments of Iraq and Al Qaida.

 

 

     SESSIONS:  Isn't that right?

 

     Even to dismiss it.

 

     GIMBLE:  There was a lot of the information out there.

Specifically, you know, if you have a specific point, we can go look

back...

 

     SESSIONS:  This is the point.  I'm just trying to put myself in

Mr. Feith's shop.  His staffers come to him and said, "We found some

references to connections between Iraq and Al Qaida, and it's not in

the FBI report."

 

     Isn't that basically what they briefed the secretary of defense

about and pointed out some other things that hadn't been brought forth

in the intelligence community summary of the facts?

 

     If I'm not -- if I'm mistaken, correct me.

 

     GIMBLE:  Well, I think what happened there is that they have

information.  There's a lot of reports out there.  As someone said

earlier, there's, like, 40,000 pages (inaudible) the intel community

reviewed.  

 

     So, I don't know what's in each of those 40,000 pages.  But what

our position is -- what my report says -- is that there was a known

disagreement between the intel community and the policy shop...

 

     SESSIONS:  No, no, no.  If you can't answer this question, just

tell me.

 

     But my impression is that they found things that showed a

connection that were not referred to in the intelligence community

summary and that they felt at least should have been referred to.  And

they shared that with the secretary of defense.  And the secretary of

defense said, "Well, why don't you go over and talk to the CIA and

talk to them about it, and find out what the facts are?"

 

     Isn't that basically what happened (inaudible)?

 

     GIMBLE:  They did.  They went over and...

 

     SESSIONS:  All right.

 

     GIMBLE:  ... the intel agencies disagreed with them.

 

 

     SESSIONS:  All right.

 

     And then they went and gave a briefing to the national security

assistant director, Mr. Hadley, and Mr. Libby, right?

 

     GIMBLE:  They did. 

 

     SESSIONS:  And they showed some of the things they had found that

had not been referred to in these reports. 

 

     GIMBLE:  They showed some conclusions that disagreed with...

 

     (CROSSTALK)

 

     SESSIONS:  OK, go ahead.  Excuse me.  I don't want to interrupt

you.  

 

     I think that's important, what you're saying right...

 

     (CROSSTALK)

 

     GIMBLE:  I think that the information was all out there.  It's

just how you interpret it. 

 

     You know, intelligence is not an art, and I think that was said

earlier.  It's not an art.  But the process of evaluating it should be

a pretty good science.  You need to have rigid things to do. 

 

     And when you have disagreements between legitimate people -- and

these were legitimate people, they're hardworking people -- you have

disagreements between you, the vetting should occur.  And if there

still can't be agreement on it, it's the responsible thing to let the

decision-makers know both sides of the equation.  That's...

 

     (CROSSTALK)

 

     SESSIONS:  I would assume that's what Mr. Feith's staff did when

they briefed the National Security Council.  

 

     GIMBLE:  They did not show the other, dissenting side. 

 

     SESSIONS:  Well...

 

     GIMBLE:  That's the issue that we had. 

 

     SESSIONS:  Well, Mr. Gimble, the National Security Council had

already been given the intelligence community's consensus opinion,

hadn't they?

 

     GIMBLE:  We didn't look at that.  I'm sure they did.

 

     SESSIONS:  Well, I'm sure they had.

 

     GIMBLE:  But the point is, is that if you're making a point, you

probably need to say, "What we conclude is different from the people

that are engaged to do intelligence collection and analysis."  All

we're saying is give the full picture of it.

 

     (CROSSTALK)

 

     SESSIONS:  Well, I'm just trying to follow this through.  I just

want to get to the bottom of it. 

 

     So they go there to the national security assistant, Mr. Hadley,

and Mr. Libby, and they present their little presentation that

Director Tenet had already said was useful, right?

 

     GIMBLE:  And later said the reason he said it was useful because

he just wanted to courteously dismiss the thing. 

 

     And he later said...

 

     (CROSSTALK)

 

     SESSIONS:  Well, in the minds...

 

     LEVIN:  I'm sorry, I didn't hear the end of his answer. 

 

     You said it was useful and then...

 

     (CROSSTALK)

 

     LEVIN:  ... what was the end of the answer?

 

     GIMBLE:  He said the term "useful" for the briefing -- he said it

was useful -- this is our interview with Mr. Tenet. 

 

     (CROSSTALK)

 

     GIMBLE:  ... it was a courteous way of ending the meeting.  He

did not agree with the position, nor did the CIA -- is what he told us

-- and he immediately kept Admiral Jacoby back in there and he told

him to get this back into analytical channels and get the analysts

talking.

 

     Immediately after that, they called a meeting -- they had the

intel analysts and Mr. Secretary Feith's policy analysts.  And they

had a meeting to discuss the differences.  They did that.  

 

     The CIA made some changes -- categorized to us as somewhat minor.

They made the changes in a report.  And then he offered to footnote

the remaining differences of opinion that the policy folks had.  The

policy folks said that they didn't think that was appropriate for them

because they were policymakers, not intel-makers.  

 

     GIMBLE:  And then when they didn't do that, approximately three

weeks later, the policy group went up and briefed their story and

didn't put in the discussion about what happened at that forum on

August the 20th to put the other side of the story to get a balanced

picture.

 

     And I go back:  The only thing we said in our report is this, is

that it's legitimate to have disagreements.  There's a vetting process

in the intelligence community to work those disagreements, and you may

still have disagreements at the end of the day,

 

     But it's probably responsible -- in my own personal opinion, it's

responsible for someone, if you have differences of opinion, that you

show both sides of it so the decision-makers know that the

disagreements are out there and they can do their own assessment.

 

     SESSIONS:  Well, I'll take a minute, Mr. Chairman.  I'd like to

complete this line of thought.

 

     So after they shared this with Mr. Tenet, they went over and

shared the same findings that they had with the national security

assistant, Mr. Hadley, now the national security adviser, and shared

that.

 

     You say they presented an authoritative statement that, "These

are the facts," I believe is what you said just a few moments ago.  Is

that the way you understood they presented it?

 

     GIMBLE:  The way I understood they presented it.

 

     SESSIONS:  Did you talk to Mr. Hadley?

 

     GIMBLE:  He was interviewed as a...

 

     SESSIONS:  And did he -- what about Mr. Libby?

 

     GIMBLE:  I have to stand corrected.  He was not interviewed.

 

     SESSIONS:  Mr. Hadley was not interviewed.  

 

 

     GIMBLE:  Hadley was not interviewed.

 

     SESSIONS:  So, are you aware of what was on the slides there that

he presented to Mr. Hadley?

 

     This was what I see -- I've been told.  And I don't know.  This

is what I'm told he had on a slide when he made the presentation,

quote, "fundamental problems with how intelligence community is

assessing information," close quote.

 

     GIMBLE:  I believe that's correct.

 

     SESSIONS:  So it seems to me that the essence of it is that he

was raising with the national security adviser that their staff -- and

only the staffers went over, not even Mr. Feith -- that they had found

information they thought was important relating to the Al Qaida-Iraq

connection that had not been put in the intelligence community

summary.

 

     Isn't that correct?

 

     GIMBLE:  The correct -- the correct version, in my view, is that

there was a meeting to reconcile differences on August the 20th, where

that meeting occurred.  OK?

 

     There was some -- the changes on the intelligence side, it's my

understanding that those briefing charts went over.  There were a

couple of additions that were not provided Mr. Tenet.  And they were

presented.

 

     There was 26 points in the underlying buildup to the...

 

     SESSIONS:  Well, I would -- my time is up.  I would just...

 

     LEVIN:  Complete his answer.

 

     SESSIONS:  All right.  Go ahead.

 

     GIMBLE:  Well, there was 26 underlying points that was in the

underlying premise of the briefing.  And there was over half of them

that the intel community -- the consensus of the intel community did

not agree with.  And that doesn't -- in my view, doesn't reflect in

the charts that were presented.

 

     SESSIONS:  But the intelligence community after having been

confronted with information that had not been concluded in a --

previously included in their report, went back at Mr. Tenet's

direction and made some changes that were positive and more accurate,

did they not?

 

     GIMBLE:  I think there were probably some positive changes made.

 

     SESSIONS:  My only conclusion is that these guys found some

things they were concerned about.  They shared it with the secretary

of defense.  They shared it with the CIA.  They shared it with the

national security adviser.  

 

     And I don't think there was any confusion that they were trying

to present themselves as authoritative intelligence officers, based on

this slide that they were using, which indicated they were just

providing a critique about total reliance on those assessments.

 

 

     SESSIONS:  And as the senator said, sometimes there's a little

turf battle going on there, perhaps.

 

     And finally, we know that the CIA is not always perfect, because

we didn't find the weapons of mass destruction.

 

     LEVIN:  Thank you, Senator Sessions.  

 

     Senator McCaskill?

 

     MCCASKILL:  Thank you, Mr. Chairman.

 

     Mr. Gimble, to some on this committee it may be beating a dead

horse, but I'm new, and I've been out there watching this from afar

over the last couple of years.

 

     And I'm very interested in an important part of your report, and

that's the responses of this part of the Department of Defense.

 

     Whenever you do either a review as an auditor or any audit, one

of the most instructive things that you can learn, having done

hundreds and hundreds of these things, is how the agency responds to

your report.

 

     It's interesting to me that their first response is what is very

common when you get a report that's uncomfortable for you if you're

being looked at, is that you ought not enter opinions.

 

     I have looked at your report, and there is no opinion in your

report.  It is a factual recitation of what did and didn't occur,

regardless of who was right or wrong on either side.

 

     The other thing that's really interesting in their response is

they're quick to say that they have nothing to do with intelligence

activities.  In fact, in their response, they actually say, by

definition they have nothing to do with intelligence activities.

 

     As has been pointed out, accurately, by Senator Chambliss, this

group did not gather intelligence.  And this group in fact was

supposed to be directing policy.  And as part of their policy, they

were trying to learn about intelligence.

 

 

     MCCASKILL:  It would seem to me that the better people to know

about what is right and wrong about intelligence is, in fact, the

intelligence community that's gathered the intelligence.

 

     I mean, doesn't that seem pretty basic?

 

     GIMBLE:  Yes, ma'am.

 

     MCCASKILL:  So if I understand the timeline here, this

information is given to the head of the CIA.  He then calls the

intelligence community together, the gatherers of intelligence

information, the people in our government that are responsible for

intelligence.  They have a meeting and say, "50 percent of what you

are going to say, we believe is wrong."

 

     GIMBLE:  That's correct.

 

     MCCASKILL:  And at that point and time, when the intelligence

gatherers and the intelligence community tell, what is admitted in

this response, the policy people, "50 percent of what you're saying is

wrong," and they, then, did not share that with the National Security

Council?

 

     Is that what your report says?

 

     GIMBLE:  The report -- it does say that, in this respect, is that

there was -- the counter-balance of the full picture, they didn't

identify that.  So they just presented what they had and they didn't

recognize that there was significant disagreement with the consensus

within the intelligence community on most of the 26 points that they

raised.

 

     MCCASKILL:  And they were, in fact, reporting to the National

Security Council about intelligence matters, correct?

 

     GIMBLE:  I would characterize it as an intelligence --

alternative intelligence product, OK?

 

     They characterize it as a critique of intelligence.  Seems to me

like they were just -- it was a statement of, "This is what" -- "These

are the issues we have and this is the connection -- analysis of the

links," which ran counter, in many respects, to the consensus within

the intelligence community.

 

     And I don't think that's altogether bad.  I think that can be

useful.  

     However, I think the problem that we had with it, as we say in

the report, if you do that, you need to present both sides of the

thing to give a balanced presentation.

 

     MCCASKILL:  Particularly if both sides is going to, in fact,

include disagreements from the intelligence gatherers.  Is that a fair

statement?

 

     GIMBLE:  I think that when you do a presentation on intelligence,

you should give the full picture.  If there are agreements and

disagreements, you should identify them...

 

     MCCASKILL:  Lay them out. 

 

 

     GIMBLE:  ... and, you know, just lay them out on the table.

 

     MCCASKILL:  Was there anything in -- as we move forward, because

clearly in some respects, this is -- mistakes have been made.  But the

purpose of these hearings, obviously, is to try to make sure we don't

make them again.

 

     Is there anything in the response from the policy folks at

Defense that this report involves -- is there anything in their

response that would indicate to you, as the inspector general, that

they acknowledge that this was not done correctly; that they

acknowledge that in the future, whenever there are differing opinions

about an intelligence assessment, when it relates to whether or not we

go to war, that in the future they should always include both sides of

the issue, when it is given to the ultimate policymakers in terms of a

recommendation of us going to war or not going to war?

 

     GIMBLE:  I think the proper way to look at that is there are

policies and procedures in place in the intelligence community to

where you can identify and have disagreements -- because you need --

it's a perfectly good thing to have disagreements and vet those out.  

 

     The policies and procedures have been there for a number of

years, that you vet those and then you move forward to get the best

possible intelligence.

 

     And as the senator's pointed out, this is not a...

 

     MCCASKILL:  Not a science.

 

     GIMBLE:  ... not a science, it's an art.  So you get the best

possible position.  

 

     In my opinion, I think the processes are in place.  You know,

these guys got assigned a tasking, and they did it.  They did it, in

my view, as best they could.  

 

     We don't argue with the fact they did it nor how they did it.

What we are only pointing out is this:  is that they come to a hugely

different conclusion than what the consensus of the intelligence

community was.  That should have been -- as you moved that forward,

that should have been expressly explained.

 

     Even though the people may have had information and should have

had, we don't know that.  The point is that when you have a --

something of this importance, we think it's responsible to have both

sides of the picture out there when there are disagreements, if they

can't be, you know, vetted and come to a common agreement.

 

     MCCASKILL:  My question to you, Mr. Gimble, is there anything in

their responses that would indicate to you that they understand that

that is an important part of this process that was not followed here

and that should be followed in the future?

 

     GIMBLE:  No.  They view that I have the wrong interpretation of

what constitutes intelligence products.  We just have a disagreement

on that.  

 

     MCCASKILL:  OK.

 

     GIMBLE:  I think the system will take -- if properly followed,

and I think it is being properly followed now, you wouldn't have it...

 

     MCCASKILL:  Do you believe that this would not happen now?

 

 

     GIMBLE:  I don't think it would.  

 

     But this is a fairly -- it's a single incident in a universe of

many, many decisions and intelligence reports and so forth that go

forward.  You know, I don't have the crystal ball and I can't tell you

that everything's perfect.  I think there's a system in place that

will allow us to get the best intelligence information if it's

followed in each and every case.

 

     MCCASKILL:  I would be a lot more comfortable if their responses

reflected that. 

 

     Thank you, Mr. Gimble.

 

     LEVIN:  Just to be clear, when you say the "systems in place,"

you mean now in place?

 

     GIMBLE:  It is in place.  

 

     There has always been a vetting procedure.  If you have it in the

intelligence channels, there's been a -- you know, the executive

orders call it out, the DOD directives call it out.  There's a process

that you vet and can have a legitimate discussion and disagreement.  

 

     And, also, there's a legitimate way to bring that forward and

say, "OK, here's our best estimate," and it's based on if we have

disagreements you lay those out.  

 

     I think there is a process in place to do that, yes, sir.

 

     LEVIN:  And was that process, then, not followed?

 

     GIMBLE:  The part that we thought was inappropriate -- we thought

it was not followed because we thought there should have been a full

reporting of both sides of the issue on that.  

 

     Again, it goes back to -- we didn't think anything was illegal or

unauthorized.  We can clearly see that it was authorized by people in

authority to authorize it.  So we don't have an issue with that. 

 

     LEVIN:  Thank you.  

 

     Senator Warner?

 

     WARNER:  Thank you, Mr. Chairman.

     Your work product is of no greater value than the thoroughness

with which you perform the buildup to reach your conclusions.  And I

want to direct my questions to the process by which you reached your

conclusions. 

 

     You've indicated you did debrief Tenet and you did debrief Feith.

Did you determine from those debriefings that there were a level of

individuals beneath those two principals that may have had a diversity

of opinion and that they, then, failed to disclose that diversity in

such presentations that Feith made.  Is that correct?

 

     GIMBLE:  There was a group of individuals under both.  

 

     I believe that Secretary Feith knew what the position was.  I

think he knew both sides of the argument.  I think the DCI, Mr. Tenet,

knew both sides of it. 

 

     WARNER:  But we're focusing on Feith, though.

 

     GIMBLE:  OK.

 

     WARNER:  And it was his failure to disclose evidence that you

believe you now have that there was an honest difference of opinion on

several or more significant issues leading to the conclusions that

Feith presented.

 

 

     WARNER:  Is that correct?

 

     GIMBLE:  That is correct.

 

     WARNER:  Well, now, I'm struck that you did not interview or

debrief Hadley.  First you said you did, which I assume is such an

integral, important part of your presentation this morning that you

did it.  And then you had to reverse that.  

 

     I find that somewhat troubling because Hadley is a very

significant and pivotal role-player in this.

 

     Can you explain how you made that mistake this morning?

 

     GIMBLE:  Sir, I would not categorize that as a mistake.

 

     WARNER:  I beg your pardon.  You've got to speak a little more

slowly and directly for me.  Thank you.

 

     GIMBLE:  Senator, we requested an interview with Mr. Hadley.  The

lawyers at the National Security Council did not let us interview him.

So we requested and were unable to.

 

     Frankly, he is not a member of our department, so we don't have

any authority to interview...

 

     WARNER:  I understand that.  But the simple fact is you made a

request, for whatever reason.  On counsel's advice, he declined.

 

     GIMBLE:  Right.

 

     WARNER:  But this morning you said you did it.

 

     GIMBLE:  That was my mistake.  And I...

 

     WARNER:  (inaudible) serious mistake about a very pivotal member

of this administration.

 

     Anyway, we'll accept that.  You admit the mistake.

 

     Now, my understanding is that Feith had pulled together, in the

Department of Defense, a cadre of presumably career civilians and

military officers, some of whom were detailed to his staff from DIA.

Is that correct?

 

     GIMBLE:  That's correct.

     WARNER:  Now, having had some significant experience for many

years as Navy secretary, I know how these things work in that

department.  And I have a high degree of confidence in the

professionalism of those level of workers, be they military or

civilian.

 

     Did you interview a wide cross-section of Feith's staff?

 

     I know in the report you gave a figure here.

 

     Do you have any personal knowledge, yourself, of the degree, or

shall we have this staff member testify?

 

     GIMBLE:  I'm just getting a list of the people that we

interviewed.

 

     WARNER:  Right.

 

     Can I be allowed a little additional time, given that it's taken

the witness a period to get his testimony...

 

 

     LEVIN:  We will surely add that time.  If he takes more than

another minute, we'll add two minutes.

 

     (CROSSTALK)

 

     GIMBLE:  We did interview the members of Mr. Feith's staff.

 

     WARNER:  Well, how many were there?

 

     GIMBLE:  There was...

 

     WARNER:  Well, perhaps, Mr. Chairman, we need to bring to the

dais those persons that have this knowledge so that we can directly

cross-examine them.  Obviously, the witness is not in possession of

the facts that I have...

 

     GIMBLE:  We have 75 names that I'm trying to get to, Senator, and

they're not all in the employ of Mr. Feith.

 

     LEVIN:  We will be happy to interview the people that have not

been interviewed if you'll give us the list.  We have the list of the

people who have been interviewed so that we can check it out.  

 

     And if there's any that have not been interviewed, we will

interview them, and we're going to be interviewing a lot of folks,

including, I hope, by the way, people who have refused to talk to you. 

 

     Because I think we will, indeed, want to talk Mr. Hadley.  We

will, indeed, want to talk to the chief of staff of the vice

president.  We will, indeed, want to talk to people who you have not

been allowed to interview or who you failed to interview.

 

     So those interviews will take place.

 

     And, Senator Warner, we agree with you that if there's -- when

those names are submitted to us, we'll check them out, and if there's

any there that are missing, we will add those to the list.

 

     WARNER:  Mr. Chairman, the point I'm trying to make is that these

are serious allegations.  And I want to have a better understanding --

I think this committee does -- of the process and the thoroughness in

which investigation was conducted to reach these important

conclusions.

 

     Now, again, in the interviews of those staff members, did any of

them indicate that they gave their work or performed it under

pressure, contrary to exercise of their own free will?

 

 

     GIMBLE:  They did not, Senator. 

 

     WARNER:  They did not what?

 

     GIMBLE:  Were not pressured to perform or come to any

preconceived conclusion.  And that comes across the consensus of the

interviews that I've looked at.

 

     WARNER:  They were able to give their best professional advise to

Secretary Feith and his principal assistants.  Is that correct?

 

     GIMBLE:  That's correct.

 

     WARNER:  Now, you have allegation to the effect that when

presentations were made either by Feith or his senior staff that you

find fault in that they did not provide the opinions which were

somewhat contradictory or at variance to the principal points they

were stressing.  Is that correct?

 

     GIMBLE:  That's correct.

 

     WARNER:  All right.

 

     Now, at that point in time, did any of these subordinate staff

members -- whom I accept for the moment as being people of integrity

-- try to bring to anyone's attention that they felt that their work

product was being inaccurately portrayed to principals by their

principals to others?

 

     GIMBLE:  We did not find evidence of that.

 

     WARNER:  Did you inquire -- because I have to believe, given the

number of presentations that were made by either Feith or his staff,

that sooner or later the subordinates were of the opinion that the

whole story was not being told.  Did you make that inquiry?

 

     GIMBLE:  We made the inquiry to see -- we believe that all the

staff was assigned to Mr. Feith did, in good conscience, do what they

thought was right.  And they had a position, and they probably

disagreed with the counterposition.

 

     All we're pointing out is there's two groups of people that are

professional and well-intentioned and hard-working servants of the

government and they had differing conclusions.  The process for

intelligence, though, is you should marry those differences up and

reconcile them and vet them.  And that's what we think didn't occur in

this.

 

     WARNER:  I cannot believe that these persons, a number of them --

there's -- what? -- 30 or 40 them.

 

 

     GIMBLE:  We interviewed 75.

 

     WARNER:  Seventy-five -- that someone within that group, or some

individuals wouldn't say...

 

     GIMBLE:  The 75 is...

 

     WARNER:  Beg your pardon?

 

     GIMBLE:  The 75 was the total interviews.  They didn't all work

for Mr. Feith.

 

     WARNER:  All right.   

 

     But do you get my point?  I'm trying to suggest that people have

good intentions at those levels; they have their own self-respect, and

their own interest in America, to see that things are being handled

right.

 

     Now, you said that some of those staff, or members of Feith's

staff, did some of the briefing, as opposed to Feith, which means that

staff were involved and they intentionally, I presume, did not bring

forward the dissenting opinions.

 

     GIMBLE:  The briefings -- I think you've all seen the three sets

of charts.  They speak for themselves.  

 

     They made their position.  All we're saying is there were other

positions behind the underlying analysis that there was considerable

disagreement with the very community that were charged with providing

intel.

 

     That's not to say that alternative intelligence is not a viable

thing to do.  We certainly agree that it is.

 

     However, when you have a disagreement, our position was, it

should be put into the briefing when you make the presentation.

 

     WARNER:  I understand that.  

 

     But the someone, or some several people, made the decision not to

include the dissenting opinions.  

 

     And was that done by Feith personally or was it done by

subordinates or some of these professional -- a structure (ph) that

worked with him?

     GIMBLE:  Well, there's memo out that we can provide to you that

says that, "We don't have to have a consensus."

 

     WARNER:  All right.  This is new evidence.  Where is this memo?

And who issued it?  And what's the date-time group of it?

 

     GIMBLE:  The date is August...

 

     WARNER:  It's obviously not classified.

 

 

     GIMBLE:  It is not classified.

 

     August 8, 2002.

 

     WARNER:  August what?

 

     GIMBLE:  Eighth, 2002.  It is a sum-up of -- "Today's Briefing"

is the subject -- a memo from Paul Wolfowitz to Tina Shelton, Jim

Thomas, Chris Carney, Abe Shulsky (ph), cc:  Doug Feith.

 

     "This is an excellent briefing.  The secretary was very

impressed.  He asked us to think about some next possible steps so we

can eliminate the differences between us and CIA.  The goal is not to

produce a consensus product, but to scrub each other's arguments."

 

     It goes on:  "One possibility would be to present the briefing to

senior CIA people with their Middle East analysts present.

 

     "Another possibility would be for the secretary and DCI to agree

on a small group with our people combined with their people to work

through these points on which we agree and those points on which

disagree, and then have a session in which each side may make the case

for their assessment.

 

     "Those are just suggestions.  I would very much like to get the

ideas back from you when I get together, some time after August 19th."

 

     WARNER:  Mr. Chairman, let's put that in the record.

 

     But we'll need to have that, Mr. Chairman.  

 

     You're reading from a book marked "secret," aren't you?

 

     GIMBLE:  There's a -- we've got it bookmarked.

 

     WARNER:  I beg your pardon?  We're very careful about classified

material on this committee.

 

     GIMBLE:  We have secret material here, but that particular...

 

     WARNER:  So you commingled classified and unclassified.

 

     GIMBLE:  We have classified and unclassified.

 

     LEVIN:  We will make that part of the record.  Thank you.

 

     WARNER:  Are there other pertinent parts of this briefing book

which the committee does not have at this time?

 

     GIMBLE:  I'm not sure what you have.  But I would be more than

happy to take -- we can go back in closed session and let you all

review it.

 

     WARNER:  You'll see that that's done, Mr. Chairman?

 

     LEVIN:  What we will do is, also, we are going to ask you to

provide us all of the unclassified material that is in your report in

a single document, or to give us the report redacting the classified

material -- one or the other.  Because most of that report that you've

marked "classified" is unclassified.

 

 

     WARNER:  Now, back to the witness again...

 

     LEVIN:  I think we have to go back to our time here, Senator

Warner.

 

     WARNER:  Could I just ask one single additional question, Mr.

Chairman, because I got quite a few interruptions?

 

     Your conclusions are reached on the basis of a number of

briefings given either by Feith or his staff to principals within our

executive branch, correct?

 

     GIMBLE:  Correct.  

 

     WARNER:  Do you know whether or not you have had the opportunity

to examine all the briefings, or if not, how many of the briefings?

And for what reason did you not, if you didn't, do all of the

briefings?

 

     GIMBLE:  We examined each of the three briefings in question. 

 

     WARNER:  Are there only three briefings in question?

 

     GIMBLE:  The three briefings -- we've got all the underlying data

that builds up to that, but that's the...

 

     (CROSSTALK)

 

     WARNER:  Let me -- I'm having difficult listening to what you

say.

 

     What's this again?

 

     GIMBLE:  The basic issue and thrust of our report deals with the

events that were captured in three briefings.  It went, one, to the

secretary of defense, to the DCI, Mr. Tenet, and then subsequently to

the national security...

 

     WARNER:  Were there other briefings?

 

     GIMBLE:  We have a lot of documentation, but these are the

briefings that we were focused in on.

 

     WARNER:  But if we're going to judge three, it seems to me in

fairness you might judge other briefings so that you have the full

context and spectrum of the briefings. 

     GIMBLE:  These were the briefings that when we did the tasking of

this particular task, it evolved out to be these three briefings.  

 

     And there's a host of other reports, memorandum.  We have many,

many pages of documentation that we went through.  But when it all

boiled out to where you're pushing things forward, it was captured in

three briefings. 

 

     WARNER:  In any of this other documentation, or to the extent you

examined other briefings, did you find a similar pattern of what you

characterize as intentional deception by virtue of not including

contradictory views?

 

     GIMBLE:  We did not classify anything as intentional deception.  

 

     What we just said was it was an omission that we thought should

have been in there to give the balance.

 

     WARNER:  So it was an error of judgment, then, by the principals

-- a good-faith error in judgment...

 

     GIMBLE:  One could categorize...

 

     WARNER:  ... or an intentional deception?

 

     GIMBLE:  I wouldn't categorize -- I don't know whether it was

intentional or whether it was good-faith judgment.  That's not my

position and I wouldn't have a thought on that. 

 

     All I can tell you is at the end of the day when those things

went forward, there was two sets of facts out there; one of them got

passed over, and it would happen to be the one that's in the very

community that we look to to have this kind of information. 

 

 

     WARNER:  I know my time is up.  I thank the chair.  

 

     But I do have serious reservations about the manner in which it

was conducted and the thoroughness.  And I do hope...

 

     LEVIN:  The manner that which was conducted?

 

     WARNER:  The manner in which this investigation was conducted and

the thoroughness of it.  And I do hope...

 

     LEVIN:  Well, we will make up for any shortfalls.  You can be

very sure.  We will take your suggestion that any shortfalls in this

investigation will be made up for by this committee.

 

     Mr. Gimble, you talked about three different presentations.

There were three different versions of the same presentation, is that

correct?

 

     GIMBLE:  That's what I was referring to.  

 

     LEVIN:  All right.  

 

     So we -- instead of telling the CIA, when this assessment was

given to the CIA, that the Feith operation had, quote, "fundamental

problems with how the intelligence community is assessing information"

-- that is the title of a slide which was presented to the White House

-- that slide was left out -- was it not? -- when this assessment was

given to the CIA.

 

     GIMBLE:  It was left out.

 

     LEVIN:  Now, you can say that was a matter of judgment.  You can

say that was unintentional.  

 

     It's damn suspicious to me that, if you're telling the CIA --

you're giving them an assessment that disagrees in a number of

respects with theirs but leave out a slide that says that you have

fundamental problems with how intelligence community is assessing

information and you remove it when you're talking to the CIA and then

you re-insert it when you present this same assessment to the White

House, that's mighty bloody suspicious.

 

 

     LEVIN:  Now, I know, that's not your job to assess suspicion

or...

 

     GIMBLE:  Suspicion of what?

 

     LEVIN:  Suspicion of intent.

 

     WARNER:  But it was his job to determine under what circumstance

(inaudible) who made the decision...

 

     (CROSSTALK)

 

     LEVIN:  I agree with -- I couldn't agree with you more.  And

we're going to talk to Mister -- if you haven't asked Mr. Feith why

that was left out -- have you?

 

     GIMBLE:  I did.

 

     LEVIN:  You did?

 

     GIMBLE:  We did.  Yes, sir.

 

     LEVIN:  And what did he say?

 

     GIMBLE:  He said it was left out because it was critical of the

intelligence community.

 

     LEVIN:  Oh, he intentionally left it out.  There you go.  How's

that for intention?  That's not...

 

     (CROSSTALK)

 

     (UNKNOWN):  Allow the witness to...

 

     LEVIN:  He intentionally let out this slide.

 

     (LAUGHTER)

 

     (UNKNOWN):  Oh, Lord.

 

     (UNKNOWN):  Well, anyway...

 

     LEVIN:  But wait a minute...

 

     WARNER:  Can we have order in this...

 

     LEVIN:  Yes, now, we're going to have order here.

 

     Mr. Gimble, Mr. Gimble, did Mr. Feith say he intentionally left

out this slide when presenting this to the CIA?  

 

     WARNER:  Can we have the witness that interviewed Feith

address...

 

     LEVIN:  I'll first ask Mr. Gimble, and then he can refer to her

if he wishes.  And we will ask her to identify herself.

 

     Mr. Gimble, did Mr. Feith tell you or your staff that he

intentionally left this slide out because it was critical of the CIA?

 

     GIMBLE:  He said it was left out because it was critical of the

intelligence community.

 

     LEVIN:  OK.  That's all I said.

 

     (UNKNOWN):  Of course.

 

     LEVIN:  Oh, now, it's "of course."  Before there was question

about what's the relevance, whether it was intentional or not

intentional.

 

     The point is it was intentional.

 

     Now, Mr. Gimble, was this slide reinserted when this assessment

was given to the White House?

 

     GIMBLE:  It was reinserted.  

 

     LEVIN:  All right.  Next -- next question.

 

     When the presentation was made, this assessment was made, one of

the statements that was made about the meeting in Prague -- was it

not? -- in something called "Summary of Known" -- Known -- "Known Iraq

Al Qaida Contacts" that 2001, Prague, IIS -- that's the intelligence

service -- Chief Alani (ph) meets with Mohammad Atta in April.  Flat-

out statement, right?  Is that correct?  Am I reading correctly from

that slide?

 

     GIMBLE:  Yes, sir.

 

     LEVIN:  All right.  

 

     Now, at the same time -- this isn't 2006 -- this is September of

2002, exact same time when the slide show was being presented to the

White House, was it not true that the intelligence community, in its

report called "Iraqi Support for Terrorism," they had assessed that,

quote -- excuse me, I'm sorry -- January 2003.  January 2003 -- that

the CIA assessed that the most reliable reporting to date cast doubt

on this possibility?

 

 

     GIMBLE:  Yes, sir. 

 

     LEVIN:  Pardon?

 

     GIMBLE:  Yes, sir.

 

     LEVIN:  Thank you.

 

     We're going to have a six-minute round here, by the way. 

 

     Now, the reason we're here -- and that question was raised, is

why are we here? -- is it not true that we're here because the then-

chairman of the Intelligence Committee, Senator Roberts, asked you to

undertake this investigation?  Is that correct?

 

     GIMBLE:  He asked the -- at that time, the inspector general

wasn't me, but he asked our office to undertake...

 

     LEVIN:  Well, I mean your office.

 

     GIMBLE:  Yes, sir. 

 

     LEVIN:  Your office was asked to undertake this investigation by

the Intelligence Committee chairman, is that correct?

 

     GIMBLE:  That's correct. 

 

     WARNER:  Might the record show he was at that time also a member

of this committee.  Senator Roberts was a member of both committees.

 

     LEVIN:  The record will show that.

 

     WARNER:  And as chairman, I was aware and supported his inquiry

on this matter.

 

     LEVIN:  The record will reflect that statement. 

 

     Now, I asked you to investigate whether the policy office

undercut the intelligence community in its briefing to the White House

with a slide that said there were fundamental problems with the way

the intelligence community was assessing the relationship between Iraq

and Al Qaida. 

 

     And is it true that your report, on page 33, confirms that, in

fact, they did in that manner undercut the intelligence community?

 

     GIMBLE:  Yes, sir.  That's what our report says. 

 

     LEVIN:  The 9/11 Commission report -- this goes to a different

report -- discusses a meeting of what they called the president's war

council.  And it took place at Camp David on September 15th and 16th

of 2001, just days after the 9/11 attacks.

 

 

     LEVIN:  The report states that a Defense Department paper

produced for that meeting, quote, "argued that Iraq posed a strategic

threat to the United States.  Iraq's longstanding involvement in

terrorism was cited," close quote.

 

     Now, a footnote in that 9/11 report cites -- and again, this is

-- OK, cites a September 14th Department of Defense -- this is

September 14th, 2001 -- Department of Defense memo from the Feith

office, entitled "War on Terrorism:  Strategic Concept."

 

     That report, according to the 9/11 Commission, was presented to

the president at Camp David four days after September 11th.

 

     Did you review the September 14th, 2001, DOD memo that was

prepared by Secretary Feith?

 

     GIMBLE:  I do not believe we reviewed that.

 

     LEVIN:  Did you try to review that?

 

     GIMBLE:  I'm just not familiar with that document, Senator.

 

     LEVIN:  All right.  

 

     We will ask the secretary of defense for a copy of the September

14th, 2001, Feith memo which, according to the 9/11 Commission report,

was discussed at Camp David on September 15th and 16th, 2001.

 

     We will ask that, not of you, but of the secretary of defense.  

 

     My time is up.

 

     WARNER:  Mr. Chairman, could the chair ask that this memorandum

which is in question and that was read by the witness now be

duplicated and given to the members of the committee so that, in our

next round, we might have the benefit of that?

 

     LEVIN:  Absolutely.

 

     WARNER:  I think it would be helpful.

 

     LEVIN:  Do you know which exactly -- what the document that

Senator Warner is talking...

 

     GIMBLE:  Yes, the one I read -- yes, sir, we'll...

 

     LEVIN:  OK.  

 

     Senator Chambliss?

 

     CHAMBLISS:  Mr. Gimble, let's go back to this infamous slide

here.  

 

     You said that it was omitted from the DCI briefing because it was

critical of the intelligence community.  Is that correct?

 

     GIMBLE:  That's what Secretary Feith provided us in writing, yes,

sir.

 

     CHAMBLISS:  OK.  So he admitted that was the case.

 

     Now, even without that omitted slide, did you form a conclusion

that it was very clear, from the overall content, that the draft

briefing was suggesting insufficient attention and analysis by the

intelligence community to a number of intelligence reports on contacts

between Iraq and Al Qaida?

 

 

     CHAMBLISS:  And is it not also correct that you concluded that

that point was explicitly made at a subsequent meeting at the CIA on

August 20, 2002?

 

     GIMBLE:  I, kind of, got lost in your question.  

 

     CHAMBLISS:  Did you make any conclusion about the content of the

briefing as it related to contacts between Al Qaida and Iraq, even

without the slide that was left out of the briefing of the DCI?

 

     GIMBLE:  Senator, we didn't conclude one way or the other.  

 

     The only thing we concluded:  that there were differences of

opinion that were not reported and not reconciled.  And our position

was that those differing opinions, with the consensus of the

intelligence community, should have been included and they were not

included.

 

     CHAMBLISS:  OK.  

 

     Now, with all due respect to my colleague from Missouri, you do

have opinions in this report.  Did you conclude that there was

anything illegal about what Mr. Feith's office did? 

 

     GIMBLE:  We concluded there was nothing illegal.  We also

concluded there was nothing unauthorized.

 

     CHAMBLISS:  And you then went on to conclude that it was

inappropriate.  And as I understand what you've said is that it was

inappropriate because alternative views were not included --

alternative views within the intelligence community were not included.

 

     GIMBLE:  That's correct.

 

     CHAMBLISS:  Now, Mr. Gimble, can you tell this committee that

every time the director of central intelligence gets a briefing, that

every alternative view on the issue that he's being briefed on is

presented to him?

 

     GIMBLE:  No, sir, I usually don't deal much with the director of

central intelligence.

 

 

     GIMBLE:  I'm a DOD person, so I can't tell you that.

 

     CHAMBLISS:  Well, let's go to DOD.  

 

     Can you tell this committee that every time the secretary of

defense is briefed on an issue, that every possible alternative view

is given to him?

 

     GIMBLE:  I certainly cannot.

 

     CHAMBLISS:  Then why are you -- you could criticize every single

briefing that's given to the secretary of defense?  If that's not the

case, could you...

 

     GIMBLE:  We only looked at this one set of briefings; this one

briefing that was presented in three versions.  And we are reporting

what happened on that briefing.

 

     There were significant disagreements.  The disagreements were not

posed and presented at the same time and we thought that was

inappropriate.

 

     And you're right.  I do have an opinion and that was my opinion.

 

     CHAMBLISS:  Lastly, it has been communicated to me that one of

the members of your staff told a person that was being interviewed

during the course of this investigation that, because of the political

nature of this inquiry, that your office was going to have to balance

the results and that the final report was going to have something for

everyone.

 

     Are you aware of those comments?

 

     GIMBLE:  No, sir, I'm not aware of those comments and I'd be very

interested in who made them and who they made them to.

 

     CHAMBLISS:  Is it appropriate for your staff to take political

sensitivities into account when drafting a report?

 

 

     GIMBLE:  No, sir.  We take the facts and we try to bring them

down to an objective conclusion, and that's what we did in this

report.

 

     CHAMBLISS:  Thank you, Mr. Chairman.

 

     LEVIN:  Thank you very much, Senator Chambliss.

 

     Senator Webb?  

 

     WEBB:  Mr. Gimble, I want to clarify something that goes to the

exchange that Senator McCaskill had with you and Senator Chambliss

just mentioned to you.  

 

     My understanding from reading your summary here is that when

there was a finding of the inappropriate nature of this activity, it

was not simply that it failed to mention alternate views, that it was

specifically, as you said -- and I quoted you in the earlier round --

that in some cases -- I think you were being very careful how you

answered that.

 

     In some cases, this information was being shown as intelligence

products from an office that's a policy office rather than an

evaluation, an assessment of intelligence products.

 

 

     WEBB:  Was that correct?

 

     GIMBLE:  That's correct.

 

     WEBB:  So it is something more than simply not presenting both

sides.  It is a policy office that is not an intelligence office

presenting information as an intelligence product. 

 

     I want to say something else, too, in defense of your report to

the extent that it now exists.  There's been a lot of conversation

here about Mr. Feith.  But you specifically said, in a comment to the

chairman here, that although Mr. Feith is mentioned in the review,

he's not the subject of the review.  The review is focused on the

organization.  I think that's very important for us to continue to

understand here.  

 

     This is not a report that was directed specifically at Mr. Feith.

It was directed at the office, the total office -- and, in fact, how

the Department of Defense at this level was evaluating information and

presenting it in a run-up to the Iraq war.  

 

     Would you agree with that?

 

     GIMBLE:  Senator, I would agree with that.  It was not directed

at any one individual.  It was a review of the facts surrounding an

issue, a fairly narrow-scoped issue.  And it's how intelligence is...

 

     WEBB:  I think that's important, from my perspective here, too.

I'm not sitting here in direct condemnation of one individual.  I had

concerns, as I mentioned, about how this information was presented.

And Mr. Feith will have to accept accountability for his part in this,

but this is not directed at him personally. 

 

     And it would seem to me, just from listening to the exchange --

obviously not having been on this committee in the preceding years --

that the two agreed upon -- perhaps there are others; my esteemed

senior senator from Virginia might raise others -- but the two most

glaring weaknesses in this report seem to be that Mr. Feith was not

interviewed under oath, given some inconsistencies, and that people

such as Mr. Hadley declined to be interviewed at all.  

 

 

     WEBB:  Neither of those omissions would seem to argue in favor of

a report that further excused the conduct in this office.

 

     And, Mr. Chairman, that's all I have to say.

 

     LEVIN:  Thank you.

 

     Senator Sessions?

 

     SESSIONS:  Well, it seems to me that the only thing that would

justify a conclusion that you've made would be the briefing to the

national security assistant, Mr. Hadley.  

 

     Because, surely, there's nothing wrong when a group of people in

the Department of Defense are going to the secretary of defense and

saying that they're concerned about the CIA product because they've

left out some things that they have discovered in their evaluation of

the supporting data.  Would you agree?

 

     GIMBLE:  I think internally, in the Department of Defense, it's

OK to have the same views and have discussion.  When you disseminate

those, when you take it out -- and I would say that when you take an

alternate intel assessment outside the department...

 

     SESSIONS:  Will you answer my question?  

 

     Now, he's going off to something else I didn't ask, Mr. Chairman.

I asked him was it wrong to share, and he said it wasn't anything

wrong to share that with the secretary of defense.

 

     Now, my question is, if you've got a complaint with the CIA, and

you go and meet with the director of the CIA and his staff, and you

raise those same complaints, is anything wrong with that briefing?

 

 

     GIMBLE:  The next part of that is, though, when he calls together

the community to vet this out and then you vet it out and then you

carry the briefing further...

 

     SESSIONS:  Well, then you're answering my question.  Is nothing

wrong with saying that to the CIA director?

 

     (CROSSTALK)

 

     SESSIONS:  And the result of that...

 

     LEVIN:  You allowed him to finish the answer to that question.

 

     SESSIONS:  You can interpret it as you want to, Mr. Chairman.  I

see it as a defensive answer, not responsive to a plain and simple

question.

 

     Go ahead.

 

     GIMBLE:  Well, OK.  Let me...

 

     SESSIONS:  Yes or no:  Is it OK to brief the CIA on the problems

you have with their work product?

 

     GIMBLE:  It is OK to brief.  But remember, he took the chart out

saying they had a problem.  That's the...

 

     SESSIONS:  So we're getting to that.  

 

     Now, the next briefing is the one you complain about, right?

That's the one to the National Security adviser.  And you contend that

in that briefing he did not give a full analysis of the CIA's

competing views.

 

     GIMBLE:  That's correct.

 

     SESSIONS:  And I just -- forgive me if I think that's pretty

weak.

 

     I mean, here Mr. Wolfowitz, assistant secretary of defense, right

after the briefing to the secretary of defense, said, "We need to meet

with the senior CIA people, their Middle Eastern analysts.  Another

possibility would be for the director of Central Intelligence to agree

to set a small group of people with our people to work through these

points on which we can agree and those we can't agree."

 

     Isn't that a responsible way to deal with a problem of a very

important issue?

 

     GIMBLE:  It's absolutely a very responsible way.  And when they

did that, and then when they had the meeting on August the 20th, the

next line of briefing, they didn't -- they chose to ignore those

things that were discussed.

 

     And then when the points that were made of disagreement, I think

it would have been responsible to provide the decision-makers with

that alternate position.

 

     SESSIONS:  All right.  

 

     Now, so the next event that occurred was that they were asked,

these staffers -- as Senator Warner has pointed out, these are

professionals.  You've not doubted their integrity or their honest

belief in what they discovered.

 

 

     SESSIONS:  They were asked to go and share this information with

Mr. Hadley and Mr. Libby, and they presented their information under a

slide entitled, "Fundamental Problems with How the Intelligence

Community is Assessing Information."

 

     Now that seems to me that they are sharing some concerns that

they have with the national security adviser that he may not be

getting full and complete information from CIA.

 

     One of these turf, little, battles, but it important matter

sometimes.

 

     GIMBLE:  And I don't disagree with it.  

 

     It would seem to me, though, that if you were going to make that

presentation, you'd do a full-blown, "This is one side, this is the

other side."

 

     SESSIONS:  Well, he was presenting the problems, it seems to me

if you read this.

 

     And surely, Mr. Hadley was not unaware that the CIA consensus

report, presumably, was different, else he wouldn't be pointing out

what the differences were.

 

     GIMBLE:  I'm not aware of what Mr. Hadley knew or didn't know.

 

     SESSIONS:  This is important because Mr. Hadley -- isn't it true

that Mr. Feith, he didn't even go to this briefing with Mr. Hadley?

 

     His professionals, these young folks who dug up this information,

made the briefing.  And Mr. Feith contends vigorously -- does he not?

-- and his staff, that the purpose of that briefing was not to state

an intelligence estimate, but to point out problems with the analysis

they were working from.  Isn't their defense to your complaint that?

 

     GIMBLE:  Our interpretation of that was, and it's my opinion,

that...

 

     SESSIONS:  Wait a minute, no, now what -- isn't their position?

You stated it earlier.

 

     Isn't it their position that they were not stating an

intelligence estimate, they were pointing out problems with a CIA

product?

 

 

     GIMBLE:  One slide, they made that point. 

 

     SESSIONS:  All right.  They made that point.  They shared that

with you when you asked them about what was going on, did they not?  I

mean, you said that earlier in your remarks.

 

     GIMBLE:  We had full access to all information, yes, sir.

 

     SESSIONS:  Mr. Gimble, in your remarks earlier at this meeting,

you indicated that their concern with your report about whether what

they did was appropriate or not was that you didn't seem to understand

that they weren't, for many, presenting an entirely new work product

to the assistant national security adviser but they were pointing out

problems with the CIA work product. 

 

     GIMBLE:  The reminder that comes to some pretty hard -- pretty

definitive conclusions about intelligence.  So they can say yes.  They

can say -- they want to characterize this as a critique, but it also

is characterized as an alternate intelligence product...

 

     SESSIONS:  You have concluded that.  Now, the people at the

briefing did not agree with that, and Mr. Hadley had not been

interviewed.

 

     So how have you made that conclusion?

 

     GIMBLE:  I've got a copy of the report and the briefing.  And

we've interviewed the people that put it together.  We've looked at

the degree of disagreement within the community and how that was

handled.  And that's really our issue, is the degree of disagreement

and how it was handled. 

 

     SESSIONS:  I don't see a problem with it.  To me, it's right

(inaudible) then Senator Levin says that this somehow undercut the

intelligence community.  I don't see how it's undercutting the

intelligence community, correct me if I'm wrong, if you point out

things they left out that should have been in their analysis and that,

after they made these references, a number of them were put in that

report, including the Atta -- was the Atta report from the Czech

Republic that he had met with the Iraqi intelligence group in the CIA

report before it was dug up by Feith's professional staff?

 

 

     GIMBLE:  It's been in a number of reports.  The issue there is

that...

 

     SESSIONS:  No.

 

     GIMBLE:  The issue is, that briefing came to some conclusions

that were not supported by the underlying intelligence community

assessments.  That was our point.

 

     SESSIONS:  Well, is there anything wrong with another group going

into Mr. Hadley and saying we've got some disagreements, we've read

all these documents, we've found things they've left out, and we're

not in agreement with it?

 

     GIMBLE:  Well, it was not characterized that.  If you look at the

briefing charts, here are the conditions and conclusions and there's

no thought about where the same view is.

 

     SESSIONS:  Look, the whole point was that they were raising

concerns with the CIA's analysis is obviously, is a given, that they

were providing information that was somewhat in disagreement with

parts of the CIA analysis?

 

     GIMBLE:  Surely.  When we were looking in June, there was a

statement in the CIA reports that says that this is contradictory.

So...

 

     SESSIONS:  And I'll ask you one more time.  I think it's kind of

important.  At the CIA, consensus opinion at the time this all began

to occur did not include reference to the Czech Republican matter.  Is

that correct?

 

     GIMBLE:  It's incorrect.

 

     WARNER:  Are we getting testimony from a witness who hasn't been

identified?

 

     LEVIN:  Let's identify the lady to your left please.

 

     GIMBLE:  This is Commander Tammy Harsett (ph).  She's one of our

senior analysts.

 

     LEVIN:  You want to just say whatever you were saying and then

tell us...

 

     WARNER:  She could just grab the other microphone and then both

of you can keep a mike.

 

     Thank you.  We welcome you, Commander.  And, obviously, as a

Naval person, I can see that you've had quite a distinguished career.  

 

     LEVIN:  Can you give us the answer you were giving us, Commander?

 

     HARSETT (ph):  Yes, sir.  The reports of the meeting, the Czechs,

before that you were discussing.

 

     WARNER:  I'm not able to hear.

 

     LEVIN:  Can you talk a little louder, please?

 

     HARSETT (ph):  Yes, sir.  The Czech report of the meeting was in

a CIA product in June of 2002, prior to the production of the

briefings. 

 

     SESSIONS:  Well, obviously, because it was found by these people

in Mr. Feith's office.

 

 

     SESSIONS:  But was it in their consensus analysis because they

had some doubt about it?

 

     HARSETT (ph):  It was described as being contradictory at best.

 

     SESSIONS:  In the...

 

     HARSETT (ph):  In the June...

 

     SESSIONS:  In the analysis that Mr. Hadley would have had?

 

     HARSETT (ph):  I don't know, sir, what Mr. Hadley would have had.

That was what was in the CIA product on the 21st of June.

 

     LEVIN:  Of what year?  Sorry, what year?

 

     HARSETT (ph):  2002.

 

     SESSIONS:  Well, it's pretty obvious, would not you agree, that

the Feith staff presented, based -- to Mr. Hadley, information that

came out of either raw reports or CIA summaries and DIA information,

that put a different context on some of the matters relating to the

Iraq-Al Qaida connection, or lack of it?

 

     HARSETT (ph):  Yes.

 

     SESSIONS:  And I don't see how that's inappropriate.  And I don't

believe they are required to present the whole CIA conclusion before

you present a contrary conclusion, when people -- everyone hearing

would have known that this represented a divergent view from the CIA.

 

     And I think not only has Mr. Feith not violated a law as you've

found, that he acted with authority, but I think he acted

appropriately.  I when you -- I think, perhaps, we ought to -- I do

not believe the CIA has an absolute right and a monopoly on

conclusions about intelligence.

 

     LEVIN:  Thank you, Senator Sessions.

 

     Senator Warner?

 

     WARNER:  Thank you, Mr. Chairman.

 

     Could the witness remain that was testifying?  I might have a

question for you.  Thank you.

     But first, Mr. Gimble, I have the highest respect for the whole

inspector general system.  I collaborated with the preparation of the

various bills and so forth to establish the laws.  For the some many

years that I've been on the committee with our distinguished chairman

-- we're in our 29th year -- we've seen and dealt with many very able

inspector generals. 

 

 

     WARNER:  So in no way am I trying to discredit in any way your

professionalism.  But this is such an important case that we have to

bear down and determine just what procedure you use and so forth. 

 

     Would you say -- and given -- and you've had a long career.  How

many years, Inspector General?

 

     GIMBLE:  In the Inspector General's Office, I was moved over in

1976, and that was...

 

     WARNER:  You've got to talk -- I'm sorry, but...

 

     GIMBLE:  I've been with the DOD inspector general since the day

it was formed and I was in a predecessor organization before that, so

I have over 35 years.

 

     WARNER:  Thirty-five years.  And we've dealt together in years

past.  And I have a high respect for you professionally.

 

     Would you regard this as one of the most important cases that

you've dealt with?

 

     GIMBLE:  I would.

 

     WARNER:  Fine. 

 

     Did you personally interview any of the witnesses, the principal

witnesses, given the importance and the criticality of this?

 

     GIMBLE:  I did not.

 

     WARNER:  So you delegated all of that to others?

 

     GIMBLE:  Correct. 

 

     WARNER:  Secretary Rice was then the head of the security

council.  Was she -- her views sought?

 

     GIMBLE:  We didn't attempt to interview her.

 

     WARNER:  Beg your pardon?

 

     GIMBLE:  We did not attempt to interview her.

 

     I just need to make a quick point on -- when we get outside of

the Department of Defense employees, it's, kind of, if they want to be

interviewed, we can.  We don't really have any authority to interview

anybody outside the department.  So we wouldn't necessarily have any

authority to interview her.

 

     WARNER:  Well, could you go to others to try and see whether or

not they could induce the various principals to...

 

     GIMBLE:  We've had some...

 

     WARNER:  Go to the secretary and say, "Mr. Secretary, you're a

part of the department which you operate.  I'd like to interview some

witnesses but I'm having difficulty.  Would you assist me in getting

those witnesses?"

 

     GIMBLE:  We interviewed a lot of people outside the department,

and got -- without good cooperation.  We just did not attempt to

interview Secretary Rice. 

 

     WARNER:  Did you interview Secretary Wolfowitz?

 

     GIMBLE:  We did.

 

     WARNER:  Now, this very able commander -- your portfolio.  You

were detailed to the Inspector General's Office.  Is that correct?

 

     HARSETT (ph):  Yes, sir.  I transferred there.

 

     WARNER:  Now, you did a lot of the interviews and debriefings of

these principals yourself. 

 

     HARSETT (ph):  I did several...

 

     WARNER:  A little louder.  

 

     HARSETT (ph):  Yes, sir, I did...

 

     (CROSSTALK)

 

     WARNER:  I've had a cold, and some of the medicine's impaired the

hearing. 

 

     But what's that again?

 

     HARSETT (ph):  I did participate in some of the interviews. 

 

     WARNER:  Which ones did you...

 

     HARSETT (ph):  None of the principals that you would expect. 

 

     WARNER:  Well, who did the principals?

 

     HARSETT (ph):  We had representation from our former team chiefs,

and also OGC went on several of those interviews, as well. 

 

     WARNER:  So perhaps, Mr. Gimble, you want to clarify, who were

the principals under your jurisdiction that did the actual interviews

of the principals?

     GIMBLE:  Most of the interviews were done by Lieutenant Colonel

Eddie Edge (ph), who is...

 

     WARNER:  Is he present today?

 

     GIMBLE:  He is not. 

 

     WARNER:  Fine.  

 

     Well, the question that -- wait a minute, you're getting advice

from your colleague.  Did you want to get more information?  I hear

him speaking to you.  Did you finish your answer?

 

     GIMBLE:  No, sir.  We were just talking about where Eddie was. 

 

     WARNER:  I beg your pardon?

 

     GIMBLE:  We were just talking abut where Lieutenant Edge (ph) is.

He's in the process of retiring, so that's the reason he's not here.

 

 

     WARNER:  I see.

 

     Well, Commander, let me just ask you a question.  

 

     No one's questioning any patriotism.  It seems to me we're

questioning judgment.  And the issue was why did certain individuals

make the decision not to make full disclosure of dissenting

perspectives on these critical intelligence questions.

 

     Do you agree that's, sort of, the issue before us this morning?

 

     HARSETT (ph):  Why did certain...

 

     WARNER:  I guess my question is, having listened very carefully

-- now, I've seen at least a dozen exchanges between you and Mr.

Gimble, which is fine.  I've occupied that seat in years past, when I

was secretary of the Navy, and I know you have to rely on staff.  But

it was an unusual number of consultations.

 

     Do you have any information with which you could give this

committee to explain why this material was intentionally withheld in

the various briefings we've talked about?

 

     HARSETT (ph):  I don't think I know anything that would answer

that question, sir.

 

     WARNER:  All right.  

 

     Do you know of any individual within the staff that might have

knowledge -- Mr. Gimble's staff -- that could help this committee

understand why certain materials were deleted during these critical

briefings?

 

     HARSETT (ph):  As far as why the fundamental issue slide was

deleted for the DCI brief...

 

     WARNER:  Yes.

 

     HARSETT (ph):  ... that I'm certain, because Mr. Feith submitted

a written statement to us prior to his debrief, or his interview.  And

in that statement...

 

     WARNER:  Is that the statement that we're referring to today?

 

     HARSETT (ph):  No, sir.  Well...

 

     WARNER:  It's another statement?

 

     HARSETT (ph):  It's other than what you have in front of you

there, sir.

 

     WARNER:  And this is a document?

 

     HARSETT (ph):  Yes, sir.  It's a very...

 

     WARNER:  Does the committee have possession of this document?

 

     HARSETT (ph):  Probably not.  But it's unclassified and can be

provided.

 

     WARNER:  Well, do you know where it is?

 

     HARSETT (ph):  Yes, sir, it's in our building.

 

     WARNER:  But it is not here in the hearing room today?

 

     HARSETT (ph):  No, sir.

 

     WARNER:  Could we have that document?

 

     LEVIN:  Of course.

 

     Are you able to quote from that document?

 

     GIMBLE:  We have that document.

 

     HARSETT (ph):  Pretty closely, sir.  

 

     And Mr. Feith has said in a number of different letters, as well,

that the reason that slide was removed was because it was critical in

tone and it may distract from the dialogue between the analysts.  He

said that more than once, in writing.

 

     WARNER:  Well, we'll need to explore that, Mr. Chairman.  

 

     I think the chair's anxious to go to the second part of this

hearing.  Is that correct?

 

     LEVIN:  We're anxious, but we also have a few additional

questions which we're going to ask.  Each of us can perhaps take a

couple minutes.

 

     First of all, you've made reference to the fact that the Czechs

reached a conclusion in 2006 that the meeting did not take place, as a

matter of conclusion.

 

     I would urge you to go back, look at the classified material,

because I think you're wrong on that.  They suggested, or reached a

conclusion, long before 2006, but it's classified as to when exactly

they did reach it.

 

     So we would ask you to review, for the record, the time in which

-- the point at which the Czechs concluded that the meeting did not

exist.  This is just a statement and a request.

 

     Secondly, you indicated that at the meeting following the slide

presentation, that there then was, I believe, a date where the 26

points were identified -- the date of that meeting with the CIA

personnel.

 

 

     LEVIN:  What was the date of that?

 

     GIMBLE:  August the 20th, 2002.

 

     LEVIN:  And the identified the 26 points where they disagreed

with, perhaps half of what the presentation said.  Is that correct?

 

     GIMBLE:  That is correct.  But the 26 points were ferreted out

before then.  This was the meeting when they came and had the

discussion immediately after the briefing with Mr. Tenet.

 

     LEVIN:  OK.  

 

     And then after that meeting they had another meeting.  Is that

correct?

 

     GIMBLE:  As a result, when they said, "Let's get this back in the

analytical channels," they had his analysts and the policy folks from

Mr. Feith's shop all gathered up on August the 20th.

 

     LEVIN:  August 20th, and the Feith shop folks were there?

 

     GIMBLE:  Yes, sir.

 

     LEVIN:  And they identified the differences?

 

     GIMBLE:  It's my understanding they discussed the differences.

There were some things they agreed on, things they didn't agree on.

There were some adjustments made, and then there was still

disagreement at the end of the day.

 

     LEVIN:  All right.  

 

     Then were those disagreements identified, presented, in any way

that you know of in the slideshow that was presented to the National

Security Council?

 

     GIMBLE:  No, sir.

 

     LEVIN:  Now, when you answered my question that the slide

undercuts the intelligence community by indicated to the recipient of

the briefing that there are fundamental problems with the way the

intelligence community was assessing information, you gave as evidence

of the fact that that slide undercut the intelligence community, you

said, by observing the vice president's words during an interview in

which he describes a memorandum that was obtained and published by the

Weekly Standard that was a memorandum from the undersecretary of

defense, Mr. Feith, to members of the SSCI -- which is the

Intelligence Committee of the Senate -- as quote, "your best source of

information."

 

     Is that correct?  That was your answer to my question?

 

     GIMBLE:  Yes, sir.  That was (inaudible).

 

     LEVIN:  Now, I'm going to put in the record at this time the

statement of Vice President Cheney that you make reference to.  

 

     And here's what he said:  "With respect to the general

relationship" -- he's referring to whether there was one, et cetera,

between Al Qaida and Saddam --  "on place you ought to go look," the

vice president said, "is an article that Stephen Hayes did in the

Weekly Standard.  That goes through and lays out in some detail, based

on an assessment that was done by the Department of Defense and

forwarded to the Senate Intelligence Committee some weeks ago.  That's

your best source of information."

 

     That's significant for a number of reasons.  Number one, that's

what he said was the best source of information.

 

 

     LEVIN:  Number two, he described the report of the Feith

operation as an "assessment."  The vice president, himself, called

that an assessment.

 

     So when there's argument here from some of my colleagues as to

whether you're correct in calling that an assessment, it seems to me

it was understood as an assessment by as high a person as the vice

president of the United States; not just simply a critique of

something else, but an assessment.

 

     And what you have told us here today, Mr. Gimble, is that

intelligence products, intelligence assessments are supposed to

indicate where there are disagreements.  Is that correct?

 

     GIMBLE:  They are supposed to be vetted and if there are

disagreements...

 

     LEVIN:  They're supposed to be vetted?

 

     GIMBLE:  Right, to reconcile and mitigate any disagreements.  But

at the end of the day if there are disagreements, both points should

be presented.

 

     LEVIN:  Thank you.

 

     Can we, perhaps, each have a few more questions if you'd like,

Senator Chambliss?

 

     CHAMBLISS:  Sure.  Just very quickly, Mr. Chairman.

 

     Mr. Gimble, let me just go back to this slide and your answer to

question number eight from Senator Levin. 

 

     Your answer is that:  "We believe the slide undercuts the

intelligence community by indicating to the recipient of the briefing

that there are fundamental problems with the way that the intelligence

community was assessing information."

 

     Fact is, Mr. Gimble, that's a very, very accurate statement, is

it not?

 

     GIMBLE:  I'm sorry, Senator, I was trying to read this.

 

     CHAMBLISS:  In your response to question number eight from

Senator Levin, you say that the slide that's referenced in that

question "undercuts the intelligence community by indicating to the

recipient of the briefing that there are fundamental problems with the

way that the intelligence community is assessing information."

 

     And now, we know, because of what happened on September 11, and

because of the intelligence that was given to the decision-makers

prior to the decision of whether or not to go into Iraq, that

statement is absolutely truthful, is it not?

 

     GIMBLE:  I think the statement's truthful, yes.

 

     CHAMBLISS:  There were fundamental problems with the way the

community was assessing information.  Is that right?

 

 

     GIMBLE:  I don't think that's what our answer says.  We were just

saying that the slide that was put out there, saying that it -- were

fundamental problems.

 

     CHAMBLISS:  But my question is, is that not a very, very accurate

statement that there were fundamental problems?

 

     GIMBLE:  You can find examples of having problems.  I'm not sure

that I can make an overall assessment of the overall intelligence

processes based on this one review.

 

     CHAMBLISS:  Let me go back to your comment in response to Senator

Webb, when he asked you as to whether or not this was an intelligence

product.  Are you contending that is actually the case now, Mr.

Gimble, that the Feith report was an intelligence product?

 

     GIMBLE:  Yes, sir.  I am contending that.

 

     CHAMBLISS:  Well, now, I thought you told us that he did not

gather any intelligence.

 

     GIMBLE:  He didn't, but it was analyzed and disseminated, and

when you do the production, that results in an intel product.

 

     CHAMBLISS:  And that's what you would consider an intelligence

product?

 

     GIMBLE:  Yes, sir.

 

     CHAMBLISS:  OK.

 

     And, lastly, the commander and you both stated that you utilize

the Office of General Counsel to participate in the interview process.

Now, OIG has independent authority.  Why would you go to the Office of

General Counsel for assessments?

 

     GIMBLE:  That's our Office of General Counsel.

 

     CHAMBLISS:  I got you.  OK.  

 

     That's all I have, Mr. Chairman.

 

     GIMBLE:  Thank you, Senator Chambliss.

 

     Senator Sessions?

     SESSIONS:  There seem to be implicit in your remarks that there's

some sort of sanctity given to the CIA conclusions and that to

criticize those or disagree with those is improper.  You're not saying

that though, are you?

 

     GIMBLE:  No, we're not saying that at all.  It's proper to

criticize, but when you have a vetted intelligence product and you

have somebody who's doing an alternate intelligence product, if

there's differences, we think those should be discussed.

 

     SESSIONS:  All right.

 

     Now, so isn't it true that after the policy staffers found some

of this information and when they took it to the CIA, defensive as any

agency is -- and I've been in the federal government for many years as

a United States attorney and a prosecutor and I worked with them, I

know people are defensive -- they accepted a good deal of what they

asked them and pointed out to them, did they not?

 

 

     GIMBLE:  There was common agreement on issues...

 

     SESSIONS:  They accepted a good deal of what they suggested there

had not been in their previous reports and estimates.

 

     GIMBLE:  There was 26 points of discussion.  And a little less

than half of them were agreed to.

 

     SESSIONS:  OK.  

 

     So a little bit less than half of these 26, they admitted that

they could have put in there and would have given a better report, and

they accepted that.  Some they didn't accept.

 

     But some of the guys in the Feith shop disagreed on that.  They

thought they should have been accepted, correct?

 

     GIMBLE:  The points that -- what happened, there was a paper put

together.  The analysts went and looked at it, critiqued it, came up

with 26 points that they had either agreement on or disagreement on.

And those, the best I can tell, didn't change any of the Feith

briefings.

 

     SESSIONS:  Well, I'll just draw my own conclusion.  

 

     My own conclusion is that they raised a number of points and that

the CIA admitted a number of those points were valid and accepted, and

it made the report better.  And the report would not have been made

better had it not been for Feith's staff digging into the raw

documents and finding this information and bringing it forward.

 

     Then I do not see anything unusual that they would not want to --

when they talked to the CIA about their disagreements, that they would

not have a slide that said "Fundamental Problems With how the

Intelligence Community is Assessing Information" -- I'd say it's just,

sort of, a matter of courtesy that you might not do that.

 

     But I think, if you have a concern that CIA is not properly

assessing information, you should take it to the national security

adviser and maybe be a little but more explicit when you make that

briefing.

 

     And as I understand the difference in you -- let me back up.  

 

     So you've said they've done nothing illegal.  You said they acted

with authority.

     You say that this briefing at the national security adviser, the

assistant, Mr. Hadley, was inappropriately done, in your opinion,

because they did not give both sides of all these issues, and that's

based on, fundamentally, the slides that you had?

 

     You don't know the exact words these staffers used?

 

 

     GIMBLE:  The exact words of the briefing?

 

     SESSIONS:  Yes.

 

     GIMBLE:  I wasn't there.  

 

     SESSIONS:  All you had was the slides.

 

     GIMBLE:  We got the slides and we got the detail that underlies

the slides.

 

     And the issue is...

 

     SESSIONS:  Wait a minute now, wait a minute now, wait a minute.  

 

     So, but you don't know what they said.

 

     GIMBLE:  I was not in the room.

 

     SESSIONS:  But they say to you that the nature of the briefing

was not to present a counter-case or a counter-substantive analysis of

these issues, but a fundamental raising of concerns about the CIA

analysis and pointing out some of the errors they thought the CIA had

made.  Isn't that what they say?

 

     GIMBLE:  They say that.  They do.

 

     SESSIONS:  That's what they say.  OK.

 

     And so I don't know -- surely, the national security adviser, Mr.

Hadley, the deputy, was aware that this -- by its very nature of the

briefing, it was more of a critique and objection to some of the

things in the CIA analysis.

 

     PROTESTER:  (OFF-MIKE)

 

     LEVIN:  Excuse me, excuse me.  We will not allow any additional

outbreaks.  I would ask that you now leave.  And I'm going to have to

ask whoever did that to please leave the room now.

 

 

     SESSIONS:  And I would just say, Mr. Chairman, thank you.  I

guess that's the appropriate thing to do. 

 

     But I think there are a group of people that think that somehow

these staffers were part of some cabal to start a war for oil or some

such thing as that and that they weren't committed to the decency and

the -- of America and try to make country better.

 

     PROTESTER:  (OFF-MIKE)

 

     SESSIONS:  And that they cooked up all of this stuff.

 

     PROTESTER:  (OFF-MIKE)

 

     SESSIONS:  I think your report shows that is absolutely untrue

and that there were basis for what these issues were raised.  These

issues are often in dispute and difficult to know what the real facts

are.

 

     And we had an open discussion.  And the secretary of defense and

the assistant secretary of defense ordered that they get with CIA and

work out the differences and discuss them.  And I'm sure the results

of that eventually found its way to policymakers.

 

     Thank you, Mr. Chairman.

 

     LEVIN:  Thank you, Senator Sessions.

 

     Senator -- I think we'll go back and forth here now...

 

     (CROSSTALK)

 

     LEVIN:  Senator Webb?  You have additional...

 

     (CROSSTALK)

 

     LEVIN:  Senator Warner?

 

     WARNER:  Let the record reflect my conversation with my colleague

from Virginia was relating to a state matter, not this hearing.  We

rescheduled a meeting that we have together here today.

 

     LEVIN:  The record will so reflect.

 

     WARNER:  Beg your pardon?

 

     (LAUGHTER)

 

     LEVIN:  The record will now so reflect.

 

     WARNER:  Right. 

 

     We keep coming back to this very pivotal phrase, that you

rendered a professional judgment that the conduct of certain

principals in the administration was inappropriate with regard to the

compilation, preparation and ultimate delivery of briefings. 

 

     To what extent in your work did you go down into the system to

try an find out why they did this?

 

 

     WARNER:  Because I still visualize a cadre of very patriotic,

very loyal members of the -- I assume most of them professional staff

of the Department of Defense, detailed officers from the Defense

Intelligence Agency, and that that was the team that brought up the

information that came to Secretary Feith's office.  

 

     And did you probe?  Did they have knowledge that some of their

conclusions was not being delivered and, if so, what were their

opinions, why their principles were not doing this?

 

     In other words, to support your conclusion, it would seem to me

you would have wound up going back into the system to find out why

this occurred.

 

     GIMBLE:  Well, let me just characterize it this way.  

 

     First off, we weren't looking it individuals.  We were looking at

the end product, the process, OK?  

 

     I agree with you.  We have no reason to doubt the

professionalism, the dedication of all the employees, because we think

they are, and they do things with good intentions.  We have no problem

with it.  It's not an issue for us.

 

     What we've reported is that when the process came up and the

decision came up, there was a disagreement -- there were known

disagreements on both sides -- and when it funneled down to go up to

the final presentation to the policymakers, one side didn't appear in

these briefings.  

 

     And we're saying that, in our view, that that was inappropriate.

It should have been balanced because you had a non-intel operation

that was doing intel analysis, and that's probably OK.  We don't have

a problem with it.  We thought, because the secretary and deputy

secretary authorized it, that was fine.

 

     However, you've got the professional intelligence community, and

then you can say that people disagree with what they do or don't do.

That's OK too.

 

     We're just saying that when you get the two fairly different

opinions on a number of issues going forward to a decision-maker, we

think it's important to have a balance on that and to do less than

that would be considered...

 

     WARNER:  No, we understand that and you've presented that in your

charts.  

 

     But take, for example, the briefing that was conducted by Mr.

Feith's staff.  I have to assume that those who conducted that

briefing were out of this cadre of what I call dedicated career

professionals.  But they are equally culpable in the sense that they

didn't present the other side.

 

     Did you ask why they didn't do it?  Were they told not to do it?

Or did they draw on their own professional expertise and decide not to

do it?

 

     In other words, the wrong -- if it is a wrong -- alleged by you

was performed by human beings.  Why did they do what they did?

 

     GIMBLE:  I believe that what they did...

 

     WARNER: