David Kay, former lead inspector of the Iraq Survey Group, spoke                with ACT editor Miles Pomper and research analyst Paul Kerr                March 5 on the search for weapons of mass destruction (WMD) in Iraq.                In the wide-ranging interview, Kay urged Vice President Dick Cheney                to come clean about the failure to find WMD in Iraq. He also addressed                what really happened to Iraq's unaccounted for biological and chemical                weapons, called for enhanced international inspections of suspected                WMD facilities, and said the Iraq war was not worth waging on WMD-grounds                alone. 
ACT: The New York Times today reported that it                now appears that before the war Russian scientists and technicians                had violated United Nations resolutions by helping Iraq develop                long-range missiles[1]                . Did you come across evidence of that in your investigations?
Kay: Yeah, and we reported it in the October [ISG] report[2].                We didn't identify the countries in the report. Jim [James Risen                of The New York Times] has gotten other people in the intelligence                community to identify the country. I have said, I think the major                reason it's important to continue the work of the survey group is                to pull out this international procurement network. We really, you                know, we've had a number of cases [like] the A. Q. Khan[3]                one. Although I'm a little worried. A. Q. Khan is, everyone is focusing                on him. [In fact] it's a remarkable series of networks that seem                to be running now, providing both the technology and the equipment                to countries. The unknown is: are they also doing it to groups,                non-state actors? You don't know that. It's actually, the interesting                thing about states. States are easier to penetrate, they have a                fixed location, they have a structure that endures and so you can                focus on them. And many of them, like the Libyans and the Iranians,                are subject to international inspection, so you have a process for                verifying the truth. Now, I think the most dangerous phenomenon                to crop up in the arms area in the last decade, really since the                fall of the Soviet Union. Although some of it existed before, you                have to say the Iraqi network that supported their program certainly                predates the fall of the Soviet Union.
               ACT: Vice President Cheney recently said that there might still                be weapons of mass destruction found in Iraq. Your mid-January report                was obviously fairly skeptical of that possibility. Do you think                he's being realistic? Do you think his comments are helpful?
 Kay: I certainly think it's important to continue the search                for reasons of the procurement network if nothing else, and I think                all of us recognize that since Iraq had weapons pre-1991, it is                possible that their efforts to destroy them were less than 100 percent                complete. I mean, most things in Iraq don't run at 100 percent efficiency.                So, I wouldn't be surprised if there turned out to be rockets or                mortars with pre-1990 gas, and so it's worth doing. What worries                me about the vice president's statement is, I think people who hold                out for a Hail-Mary pass—and lo and behold maybe we'll find                that stockpile a year or two years out so everyone keeps searching-delay                the inevitable looking back at what went wrong. I believe we have                enough evidence now to say that the intelligence process, and the                policy process that used that information, did not work at the level                of effectiveness that we require in the age that we live in. It's                a little like the analogy I sometimes use [of NASA's troubled and                nearly fatal Apollo 13 mission to the moon]: in Apollo 13, if when                the astronauts had said, "Houston, we have a problem,"                mission control had responded, "Well, you're only a third of                the way to the moon. Why don't you keep going and we'll see how                serious this problem is? And if and when you get there you don't                make it, we'll investigate and we'll fix it for the next one."                I mean, it is very hard for institutions to fix problems while they're                in denial as to whether the problem really existed. And I am concerned                that statements by the vice president and others—principally                the vice president and the administration—really raise that                issue.
ACT: So you think they are in denial at this point?
Kay: Well, I think you can read that statement of the vice                president and say that he certainly is in denial and is holding                hope that well, maybe the weapons will eventually be discovered.                I don't think… I think most others at the working level recognize                the correctness of the assessment that those weapons don't exist.                And one has to say about the president himself, you know the president                created the commission, which was to look back at it, and I think                that's a hopeful sign. What I really find a little bit strange politically                is the president already, even in the [January 2004] State of the                Union address, where he didn't refer to weapons, but he referred                to program elements, the same terminology I used in October. The                president seems to be well beyond the point, but as long as you                have others in the administration say, "Well, they may turn                up later," you actually—well, I mean, it's really stupid                politics. Which isn't my concern, but it creates this impression                that some in the administration think they may still be there, while                others recognize that it's very unlikely they'll be there and are                prepared to get along with the act of understanding what went wrong.
ACT: Prior to the war you were one the leading                critics of the United Nations weapons inspectors' effectiveness,                yet you've now said that the results of your search indicate that                the UN inspectors and sanctions were more effective than any of                the critics had thought. 
               Kay: Well, when you get there, when you're on the inside and                you have freedom to look at both what went on, as well as to interview                the Iraqis who were involved, it's hard not to come away with the                impression that they greatly UNSCOM[4]                feared inspections and monitoring. And they clearly took steps in                the '90s based on their belief that certain things would be found                by the inspectors as they continued. And generally most inspectors,                and this includes heads of the inspection process—if you go                back and read statements from [former UNSCOM chiefs] Rolf Ekeus                and Richard Butler, we focused on the limitations that the Iraqis                were imposing on the inspections. And so we were looking at the                difficulty that the inspectors had in operating, whereas the Iraqis,                we now understand, were looking at the effectiveness the inspectors                were achieving even with those limitations. 
               Now on sanctions I think the issue is somewhat more complicated.                The Iraqis never really suffered greatly from lack of money as a                result of sanctions. What sanctions did more than anything else—because                the Iraqis defeated sanctions by resorting to black market, illegal                activities—is clearly push an Iraqi decision-making system                and economic system that was already corrupted and based on the                Saddam Hussein family, loyalty, and all. It pushed it even more                into the criminal vein and as it distorted the economic process                of the country, it really played to the worst elements, which were                really very bad, of the regime. 
               And so that the graft, the corruption, the figure which we've been                given of about 60 percent of the skimming off the UN Oil-For-Food                program went into new palace construction, an extraordinary figure.                What sanctions did is it really, it drove the system to go underground,                become corrupt, become clandestine, and much of the procurement                of the weapons systems in the '80s were completely aboveground,                arrangements with Western suppliers, mostly. Which were not hidden                from view, by and large. And so, it really did have an impact that                was distorting on their capability, and I think may have been the                final thing that pushed them over the brink to what I call this                vortex of total fraud and corruption that they were sinking into.                
ACT: What about their ability to actually get necessary                materials or dual use items and so on?
Kay: Well here again, it may be whether we're looking at                the glass half full or half empty. They managed to continue to import                a large amount of technology—both expertise and goods—that                clearly were prohibited by the sanctions program. Now, clearly that                amount is less than they would have been able to import if there                had been no sanctions program. So I think it did inhibit their imports.                It certainly made the imports more expensive in that they had to                go a clandestine route for importation. Now, there's no evidence                that money was a limitation on their program. What was a limitation                was having the difficulty of getting it clandestinely and not always                being able to openly procure from the best possible source, having                to work through three middle men or so to get it, and getting it                through a series of countries that trans-shipped it. So, I think                it is fair to say that sanctions did limit the robustness of their                program. Although I do think, I'm still struck, having spent the                last six/seven months there, at how much they were able to get illegally.                It just happened we were lucky that it was a system that was breaking                down, so most of the stuff they got they weren't able to effectively                use. 
ACT: What role do you think now is appropriate for                UNMOVIC[5] and the International                Atomic Energy Agency in Iraq? Should the UN be afforded access to                the classified version of your report?
               Kay: Well, first of all, let's talk about physical access in Iraq.                There were former inspectors, UNMOVIC and UNSCOM inspectors, Australians,                and Brits, and Americans, that still are part of the survey group.                The difficulty of, for example, inviting UNMOVIC to come back in,                or even the IAEA to come back in, is a physical security issue.                The UN after its headquarters was bombed withdrew everyone because                of the threat of violence. Every inspector that worked for me—and                myself included-was weapons—qualified, and carried a weapon.                We lived in facilities that were almost routinely mortared. I mean,                these were very unsafe conditions, and I couldn't imagine, I don't                think anyone could imagine… the UN just does not expose its                people to that level of risk, and that's appropriate. No UNSCOM                inspector was ever armed, or UNMOVIC inspectors. We all rejected                that option at the first inspection when it was considered, but                it wasn't considered even very long. 
               With regard to the free exchange of information, I think it is appropriate                at some point for that information to be exchanged. The difficulty                of exchanging, in at least the six months I was involved and I suspect                the same thing is true now, [is that] just because an Iraqi tells                you something, or just because you get some records, you're not                at the end-game and you're not prepared. It's raw and you're still                looking to see if it's true, seeking other verification. For example,                Jim Risen's article is broadly true in today's Times about                the Russian missile involvement. The difficulty during my period                there is we didn't yet have the names of all the Russian engineers                who were there. We were running them down, we were seeking as well                to find out whether they had been involved with other countries,                because Iraq's not the only proliferation problem in the world.                At some point it is clearly appropriate to face the Russian government,                as well as the various regimes—[for example] in the case of                missiles, the MTCR[6]                and you know, here are the cases. And Jim Risen made it clear it's                not just Russian firms—there were firms from at least three                or four other countries involved. All of that needs to pass into                the MTCR, and maybe UNMOVIC. But certainly MTCR, because the concern                is not just Iraq, it's other people, other countries. 
               More broadly, I think there is, and we're almost at that point now                where we're going to have to turn long-term monitoring of Iraq over                to two different groups. First of all, the Iraqis. We'd already                started, before I left, the discussions with the Iraqi authorities                about the creation of a national monitoring capability that would                in fact continue to perform the appropriate national role in safeguarding                its technology and, over the long-term, be responsible for determining                anything that turns up that's been missed during inspections. But                secondly, Iraq is going to be subject—and it's still subject,                depending on how lawyers determine the state succession rules—to                treaties it's already signed, like the [nuclear] Nonproliferation                Treaty [NPT], and its membership in the UN. Here again, there is                this murky area of international law called state succession where                you've got to determine whether the new government is still bound                by everything the old government, the old state signed. I assume                the answer is probably going to be yes, and all the UN resolutions                as they relate to monitoring. So, there needs to be some international                body that takes, and certainly the U.S. coalition is not the appropriate                body for the long-term monitoring of Iraq's responsibility to its                international agreements. 
               Those agreements, in most cases, have their own inspection reporting                requirements. It also may be that in this region, given what's going                on in Iran, for example, that the Iranians, Iraqis, and other states                in the region, may decide, much like the Brazilians and the Argentines,                to start with some sort of broader regional arms control agreement,                which is not incompatible or in competition with their international                obligations. But it would be a shame at this point, if in fact someone                doesn't step forward in Iran or Iraq, and suggest regional security                and stabilization ought to be something we think about and make                this really a historic turning point. Because we went to war with                the Iraqi government, we forget that Iraq's real enemies—and                it has real enemies—are in the region because they went to                war with Kuwait and with Iran. So some sort of regional stabilization                that gave people on all sides of the borders confidence in what                the others were doing would strike me as an appropriate one. And                there again I think that's probably not, there's no role for the                U.S. in that, other than [a] provider of technology as we help the                other countries seeking to do that.
ACT: Do you think that they also may raise some                uncomfortable questions about the Israeli nuclear program?
Kay: Well, that's, you know, that's been the historic problem                with arms control in the Middle East. Everyone has said, "Well,                we'll do it, but only if the Israelis do it." It strikes me                that you've got a moment in time right now, with regard to the Iranian                nuclear program, not their missile or chem or bio program, but their                nuclear program-and with Iraq, where foresighted leadership might                say "our objective is over the long run a more comprehensive                Middle Eastern weapons of mass destruction-free zone." Well,                we're not going to miss this opportunity to try to readjust the                relationships between the two or three countries most involved.                And just like, I don't, I would not view that as in competition                with the IAEA, NPT, CWC[7],                any of the other arms control agreements, nor would I view any competition                with the ultimate objective of a nuclear free zone. One would like                to think, even, that there would be the leadership that would say                if we can do it between states that have a history of conflict of                Iran and Iraq—I mean a million people were killed in that war                in the '80s—we can maybe establish the mechanisms and competence                that later we can do it with regard to other states in the region.
               So, I mean, I think, it would be a shame if the traditional bugaboo                of arms control in the Middle East—that is, the Israeli program—were                to get in the way of real statesmanship now. And I think there is                some possibility of that. I mean, the interesting thing to me that                makes it a valid idea is you have a large number of Shias [Shiite                Muslims] on both the Iranian and Iraqi side of the border. The Shias                in Iraq are going for the first time in 35 years or so, play a role                in government. So, for them, reestablishing a basis of cooperation                of both the Iranian and Iraqi side, which involves some sort of                arms control arrangement, would strike me as being an issue that                is really quite separate from the Israeli issue, in terms of the                domestic politics of Iraq. 
ACT: In a recent speech at the U.S. Institute for                Peace you mentioned that international inspections can play an important                role in coping with future weapons of mass destruction (WMD) threats.                What do you think is the proper role for international inspections                regimes such as the IAEA and UNMOVIC, and what's your opinion on                suggestions that UNMOVIC be retained as some sort of permanent inspections                body?
Kay: Well, let me deal with the first one and come back to                the last one. I think the challenge right now is to try to find                a way to break out of this old argument between those who support                international institutions and treaties, and those who found them                to be less effective and has concentrated on military unilateral                military solutions, and to seek ways to make international inspections                more effective. You've got to realize, if you just take the nuke                programs, you've got the Iranians now saying they had an illegal                nuclear program that the IAEA did not identify for about 18 years                until recently. And the Libyan program seems, although the information—at                least in the open press—is less, seems to have been going on                through 12 and 15 years. Also not detected. So, quite apart from                Iraq, there is this issue of, "Can we make inspections more                robust, so that programs like this would indeed be detectable?"                I think the answer is yes. I think a combination of intelligence                capability and new inspection technology can make those organizations                much more effective [and] we have an obligation to do that. I think                in the process of doing that, then the role for the existing international                institutions that have inspections regimes—that's principally                CWC and the NPT—I think is very good, and is important to do.                It still leaves us with this problem of biological [weapons], where                we have a treaty, but we don't have an inspection [regime][8].
ACT: Doesn't it also leave us with the problem                of missile proliferation?
Kay: Well, and missiles…you don't have inspections.                What you've got-and clearly it's not working and that's important                to understand—is you thought if you impose requirements on                those states that have missile capabilities (who are members of                the MTCR), that would be one way of controlling it. Now it's quite                clear, as a result of what happened in Iraq, states didn't exercise                that authority very well. And so indeed you do need to consider,                I think, whether, in fact, there is an inspection capability that                needs to be created around the missile area. In some ways that's                going to be as difficult as biological, but it certainly needs to                be done. The issue of retaining UNMOVIC, to me it's a hard one to                understand, because how would that play against IAEA inspection                capabilities? In other words, what would its mission be?
ACT: Hans Blix, the former head of UNMOVIC, has                suggested that the organization concentrate on the biological and                missile areas[9], that                these could be somewhere that UNMOVIC could play a role.
Kay: Well, it, it might be, although I would think the recent                history of negotiating BWC expansion would suggest that it's more                likely to be done among specialists that are focused in the same                way you did IAEA nuke inspections or CWC. The slice of those states                that have the technical capabilities and have the programs make                it easier than a sort of UN negotiation. I think the same thing.                I mean the whole MTCR arose out of that similar belief. We need                to reexamine that and say, "Would it be easier to get more                effective regimes if we did it multilateral across all regime areas,                or across those two that don't have major inspection capabilities                right now?" I'm just not certain… I would hate to see                anything that would weaken either the…legitimacy of the CWC                or the impetus to improve NPT. I think the urgency on the nuclear                area and on the chemical area, is such that I would hate to see,                for example, the additional protocol become the last step in the                modernization of the NPT while we wait for some broader international                negotiation that would make UNMOVIC more capable. Now, if the argument                is going to be, "well, we'll just make UNMOVIC capable for                biological and for missiles, and we'll let the reformation of the                NPT and the improvement of CWC just go along the natural [path].                I guess that makes, that's less of an issue in terms of how it impacts                with… it doesn't strike me that's a logical nature. And so                much of UNMOVIC came out of the Iraqi experience. I mean, it's the                logical successor to UNSCOM. Actually, I think many states would                be reluctant to become subject to something that had that sort of                parentage. UNSCOM and UNMOVIC were designed for a defeated state                that was in opposition to the UN. I would like to believe that we…some                of the rights to go anywhere, anytime, anyplace, that UNSCOM pioneered                and that UNMOVIC later took up, would be key parts of this reformation                of the inspection process. But I'm not sure that it's going to be                easy to negotiate that in terms of the parentage of UNMOVIC. I'm                agnostic on this, as to which is going to be the easiest way.
ACT: What about long-term monitoring? Clearly any                regime would be better than Saddam's, but still people say they                have a history of developing nuclear weapons…
Kay: You mean for long-term monitoring of Iraq? Sure.
ACT: Right, but also what we're asking the Iraqi                government to do, and we're probably in a position to do, is to                accept being an exception. That they have to accept a regime of                inspection, and other people don't. What if you applied that more                broadly? What if you could keep, say UNMOVIC, as a body you use                for the hard cases, for the the Iraqs of the world, the North Koreans,                and maybe the Iranians of the world?Instead of kind of worrying                about the problem of universalizing a regime, you keep a body of                expertise for the times when a country does have to be subjected                to extraordinary measures?
Kay: I think that's a possibility, although you realize                that, take North Korea. The real political issue right now has been                whether North Korea is an item that should pass from the IAEA to                the Security Council[10].                And the only way you would energize something like UNMOVIC would                be just passage across the transom, from the specific regimes, or                something to do it. And the lessons are, that's very hard. I don't                think the Iranians, for example, would take very well to the idea                that their past cheating now justifies them being treated by an                inspection regime that's called UNMOVIC because of the heritage                of UNMOVIC. I don't think the Libyans would either. I mean, there's                a real question: "Have you gotten this far with the Iranians                because you've been able to keep it within the context of the NPT                context without ripping to shreds?" Though—and the same                thing is true with the Libyans—you've been able to do it without                passing into the high pressure Security Council New York regime.                And of course the North Koreans withdrew from the NPT rather than                be subjected to that. It just depends on how the political dynamics                work. 
               I think the important lesson that you do want to survive out of                UNMOVIC and UNSCOM is the lessons that in certain cases you need                expanded rights to provide security and confidence that the state                is living up to its obligation. Now whether those expanded rights                ought to be within IAEA, CWC, and you do have this fact that for                two regime areas, missiles and biological, you don't have a fully                robust organization. And so the question has to be, should we now                push again on BWC and push to further institutionalize MTCR so it                looks more like NPT, CWC, or should we just take it in to the UN?                It strikes me the argument is not clear as to which is better on                that one. In one sense, I feel better about an inspection process                that doesn't draw artificial lines between nuke and chem and bio                and missiles, because most states as they operate those programs                don't draw those distinctions. So an inspection regime like UNMOVIC                has an inherent advantage over stovepiping of the IAEA or some other.                On the other hand, the reluctance to go the Security Council supported                route, for political reasons, is so great I wonder if it would really                be utilized. And in some ways, we're at the point that modernization                of the IAEA/NPT inspection regime now for the first time really                looks feasible, much more than just the Additional Protocols[11],                because of Libya, because of Iran, because of North Korea. I would                hate for that to die because, well, we're gonna wait and see if                we can't enhance another inspection regime to take over the hard                cases.
ACT: To make the perfect the enemy of the good.
Kay: Yeah, to make the perfect the enemy of the good.
ACT: Getting back to the ISG (Iraq Survey Group) experience.                You attributed some of the difficulties to the inherent difficulty                of conducting joint operations between different government agencies.                How can future inspections operations better integrate intelligence                and military aspects such as the coordination between the CIA and                the Pentagon?
Kay: I think the fundamental flaw that we got into is, in                all this run-up to the war, no one sat down and said, "Okay,                we're going to win the war, that's obvious. What are we going to                do about the weapons, and what's the organization to find and root                out the weapons program?" and then taken a clean sheet of paper                and said, okay, here's how we're going to do it. Instead, what happened                is the military very late in the planning process created this organization                called the 75th Exploitation task force, which was an entire military                unit, very small military unit, that was charged with finding the                weapons and follow the bulk of the forces into Iraq and Kuwait,                rather late and without any capabilities. By June, it was recognized                [that there was a problem]. Judy Miller from [The New York]                Times did a brilliant series on the problems of the 75th.                So then it was thought, "Well we've got to fix that, let's                have an expanded organization called the Iraqi Survey Group."
               Now the survey group was never in its original formulation intended                to be just for WMD. It had prisoners of war—including the case                of Kuwaiti prisoners of war—recovery of cultural artifacts,                the looting of museums and all that, as well as WMD. And it was                to be an entirely military organization. Military commander reporting                to a military commander, DOD [Department of Defense] funded, DOD                organized. It didn't actually have a CIA component at all in it.                Well, when that didn't work either, then there was this quick decision                to transfer the authority to the intelligence community, and have                the intelligence community lead it, but using this organization                that was a military organization. That's what I refer to as really                being unworkable. 
               I think if you have to do this in the future, and let me say I hope                we don't have to do this in the future, I think it would be far                better to multilateralize it, and—well, it would be far better                to avoid the war, but it you have to do it after a post-conflict,                it probably… you ought to take a clean sheet of paper and create                an organization that is either entirely military and led by the                military to do it, or an organization that is staffed, reported,                led by the intelligence community. For military assets, there are                components of it that flow into it, but they are not a dominant                military organization.
               Like I say, I hope that will be the relatively rare case. For example,                if you take the Libyan case…what you had was an intelligence-led                collection effort that went in to remove equipment and to conduct                interrogations. I think that would be my model. If you've got to                do it, you do it with that intelligence focus. Now, the answer against                that is: "You hadn't fought a war with Libya, it wasn't a dangerous                battlefield. You didn't need the things you needed in Iraq. We needed                people who could shoot, we needed helicopters, we needed force protection.                So you needed a lot of things that you normally only get from the                military." But I think the structure and the table and the                way it was organized was just bound to cause problems. I'm actually                remarkably surprised there were as few problems as there were.
ACT: Prior to the invasion last March, U.S. officials                claimed to have intelligence Iraq was defeating inspections efforts                through various denial and deception tactics. What evidence has                emerged regarding Iraqi cooperation with UN inspectors?
               Kay: Actually, a fair amount of evidence. I think that's one                case in which the claim is largely supported. That is, we have a                number of interviews and interrogations that we conducted of scientists                and engineers who had been interviewed by UNMOVIC who said that                they had not told UNMOVIC the truth, and they then proceeded to                take us to documents and equipment and records that they had sequestered                away and given to us. And they said it simply was that they didn't                believe that UNMOVIC could protect them from the secret police organization,                intelligence organization of the Iraqi state, that they had been                warned not to cooperate, they had been briefed, and they went into                great detail about how they had been briefed prior to interviews.                So, there was that. 
               There also were major discoveries of equipment and facilities, and                the interesting thing about that is not so much that UNMOVIC didn't                find—it's very difficult without intelligence to find stuff                in Iraq or anywhere, and that includes the ISG. The interesting                thing is, we got access to the records and to the people involved                in the discussions in which the Iraqis themselves had decided which                facilities they would reveal—put into the full final complete                declaration 1441[12]—and                which ones they would not. So it's quite clear the Iraqis took some                out, [took some facilities] off the table. And we were able, because                the Iraqis were more free to talk, to find those. We also discovered                that the Iraqis had hidden certain facilities in places that are                typically difficult for inspectors to go—mosques is one facility—the                best English translation is Chamber of Commerce. It really, it was                the Union of Industrialists, which had equipment which should have                been declared to the UN of a biological-chemical nature. So, there                was a fairly robust D&D [Deception and Denial ] program, considering                what they had to hide. Which, I mean, they weren't hiding large                production facilities or large stockpiles. 
               Now, I think it would be unfair to say that that was just designed                to mislead UN inspectors. They were even more fearful of U.S. air-attack.                So, a lot of the deception and denial techniques were designed to                shield the facilities from being identified by—and this is                over a long term, throughout the 90s—being identified by the                U.S., because they feared air attacks, like Desert Fox[13].
ACT: In the lead up to the war in March 2003, several UN                Security Council members formulated proposals to strengthen the                UN inspection regime, give Iraq more time to comply. If these had                been accepted, would they have garnered more Iraqi cooperation?                Would the UN mandated monitoring and verification system have been                effective in halting future Iraqi prohibited weapons activities?
Kay: I think you've got to distinguish between those measures                that would have led to fuller Iraqi disclosure, or disclosure of                Iraqi activities, and the question of whether those measures would                have, in fact, inhibited a massive restart of the Iraqi program.                I think the limitation on discovery and disclosure was the fear                of the people involved of Saddam Hussein and his police. And I don't                think any measures would have really overcome that fear. On the                other hand, I think in retrospect it is obvious that rigorous inspections                and accompanying sanctions played an important role in limiting                the possibilities of the Iraqis to restart their program. 
               Now, some of their programs were more difficult to, for inspectors                to limit and detect than others. The missile program is an interesting                one because of [United Nations Resolution] 687, the [Persian Gulf                War] cease-fire arrangement which allowed them to keep a missile                program [of missiles with ranges not exceeding 150 km. So it was                always a cat-and-mouse game throughout the UNSCOM years with the                missiles: Were the missiles going to exceed a 150 mile range limitation                or not, what was the payload, and all of that. I think that was,                that was almost an inherent limitation that we had to live with                regardless of how big our… but it…and it didn't limit                the cooperation of foreign states. 
               I don't think the measures that were being discussed prior to the                war would have detected the Russian assistance, for example, for                that missile program. That assistance came in two forms: actual                scientists and engineers who came to Baghdad who collaborated, and…they                collaborated in a building that was not identified as part of the                missile establishment. And then the collaboration continued when                they went back to wherever they came from, and that was electronic                and that probably wasn't discoverable. But I think vigorous inspection,                I think it did lead to the Iraqi decision to get rid of their large                stockpiles. I think…they viewed it as limiting their ability                to restart the program while inspectors were there. So I think there                was a gain from it. It would not have rooted out their capability,                and it would not have stopped small-scale cheating, but I think                it would have played a role in limiting a large scale restart of                that program. 
               Now, a lot of this is something you know a lot better in retrospect                than you knew at the time, and everyone ought to be on the up and                up about this. Most intelligence reports from around the world said                that the Iraqi chemical and biological programs had already been                restarted and they had weapons. Turns out, I think, those reports                were wrong, and now we know that they were wrong because inspections                were more of a hindrance, and they feared them more in the mid-90s                than we anticipated. 
               But the interesting question is: Why after '98 when the inspectors                left didn't they restart the chemical and biological programs? The                answer I have tentatively is two-form. One, is that the chaos and                corruption was such that Saddam really just wasn't interested and                they had limited capabilities to do it. They went for programs that                were essentially science fiction, for detection and killing stealth                aircraft instead. And secondly he thought, and most of the Iraqi                senior scientists we interviewed thought, that the restart of a                biological and chemical program was something they could do quickly.                What they didn't have was the delivery system. So, I think what                we ought to pay attention to that missile program. And the real                question is whether that missile program would have been successful                if the war hadn't intervened. …[Saddam Hussein] had pretty                high range goals for them, to get up to 1000 kms. …By 2005,                2006, would they have had those missiles? My strong suspicion is                that in fact they just weren't technically capable of doing that,                even with foreign assistance. It would have taken them longer. They                would eventually have gotten it, if the war hadn't intervened, but                their own technical chaos, the declining state of efficiency of                all of their manufacturing areas just would make that very difficult                even with foreign assistance.
ACT: This obviously goes back to the question about                UN enforcing its own resolutions, but UN Resolution 687 did mandate                that there would be an ongoing monitoring and verification system                to exist after Iraq was said to have dismantled its nuclear, chemical,                biological, and extended missile programs. It wasn't just a question                of saying "forgive and forget we'll go away now," even                in a world where we lifted sanctions. It's true that it's harder                to detect small scale cheating, but to get a missile of that type                of range you have to have testing…
Kay: Well, unless you import it from the North Koreans or                someone else.
ACT: I mean do you think that monitoring system                could have done something to restrain them?
               Kay: Well, I think that monitoring system, the 687 monitoring                system, which ended of course when the inspectors left in '98. I                mean that was ripped out by the Iraqis. If they had progressed to                full-scale monitoring, would it have limited the Iraqi restart of                the program? I think, I'm confidant to say that I think it would                have detected really large-scale restart on most of the programs.                What I'm not confident of is whether in fact the international community                would have responded. That's a quite different… for example,                the League of Nations response to German rearmament was, "Oh                so what?" And it wasn't that it wasn't detected—it was                detected. 
               The other thing that complicates that answer, or at least my view                of the answer, is that if sanctions had really come off, I think                it would have been harder to detect a restart of the biological                program or of the chemical program than otherwise. The monitoring                program of 687 was very tough as long as Iraq's economy was essentially                in the straightjacket of sanctions. Because you controlled everything                that went in legitimately, and so you could look for the deviants,                the outliers, for the things that weren't legitimate. And you had                the on-site inspection accompanying the monitoring, which everyone                forgets. It wasn't just technical monitoring, it was really inspectors                still on the scene, and that's what I think the Iraqi's really feared.                
               So…you couldn't have stopped small-scale cheating. And small-scale                cheating in the biological area is probably significant—but                it would have detected, I think, industrial production of missiles.                It might not have detected importation. It would have detected a                restart of the nuke program easily.
ACT: Let me ask you a bottom-line question, you                have said that despite your discoveries, you still supported the                war because of the pre-war human rights situation and the related                horrors that you discovered there. Just leaving that aside a minute,                if it was just a WMD-based decision, do you think that invading                Iraq was a wise decision? 
Kay: Well, here again, it's the great advantage of thinking                I know the truth. I think [that] not having discovered stockpiles                of WMD, you come to the conclusion that if that was the only thing                you considered, that all these other things were off the table and                didn't matter to you, clearly it was not. It was not worth it. Now,                that's my personal perspective, I understand how others could have                a different perspective in the shadow of 9/11, if you looked at                the record of Iraq, having continued to defy in many ways the UN,                would you have, and you had on your table, intelligence reports                [pointing to possession of chemical and biological weapons]. 
ACT: That was certainly the general framework that everyone                was sort of given at the time.
Kay: I think that actually affected a lot of the analysis,                and it's a lot of the reason why people didn't step aside and challenge…                I mean it's unfortunate that the largest challenge to that sort                of assumption [that Iraq had given up its WMD] came from people                like [former UNSCOM inspector] Scott Ritter[14]                who sort of destroyed their own credibility in other forms, and                so it never became a respectable position. And I think we all—and                I certainly include myself—bear responsibility for not having                said, "Let's step aside, and regardless of the fact that it's                Scott or someone else arguing this position, let's give it a legitimate                shake, and look at the alternative that is a real possibility, and                see what evidence fits that explanation." It just seemed to                be such a convenient explanation. As additional pieces of evidence                became available, people looked at them if they fit the puzzle of                "Iraq is continuing to cheat, let's put them in that model,"                and never tried to look to see if there is another model there.                
               And this is an analytical failing, as well as a political and policy                failing. The evidence that really counted—and this wasn't manufactured,                this was real evidence that the Iraqis were continuing to cheat                and deceive and try to acquire capabilities—seemed to come                from multiple sources. So everyone focused on what fit the puzzle,                where you knew what was the picture on the box cover and this was                of Iraq continuing its programs. The evidence that didn't fit that                puzzle was just sort of cast aside, not attempting to put it into                another box that may have had a completely different picture on                the cover. 
ACT: UNMOVIC had said that the ISG's findings added                little to the evidence that UN inspectors found. How do you reconcile                those claims?
Kay: Well I think that's wrong, for example, in the missile                area. I think in the missile area if you just take public stuff                that's in Risen's piece today and the October report, there's a                considerable amount of stuff that UNMOVIC did not understand. 
               But on the other hand, I don't want this to be seen… I value                what UNMOVIC found. I mean I think that it extended [the knowledge                of] UNSCOM. What it really didn't resolve—UNSCOM in some ways                made it harder to resolve—is this material balance issue. The                missing… 500 liters of missing x, the missing y, which mostly                dealt with material that UNSCOM had determined—correctly I                think—that Iraq had imported, but that the Iraqis could not                account for. UNSCOM didn't resolve that. I think in the end you'll                find that ISG is able to resolve most of that. 
               You know, the war would have been completely different if Dr Blix—and                it's not UNMOVIC's fault, don't misunderstand me, I don't think                it's UNMOVIC's fault, I think it's Iraq's fault—but if Dr.                Blix had been able to report to the Security Council that "all                of these missing amounts we now understand where they were, they're                accounted for, they did not go into new weapons, etc." Because                of the Iraqi behavior and reporting, and the physical difficulty                of resolving the material balance issues, no one was able to resolve                that. And so I think we did add considerably, and the final report                will explain in detail far more convincing—well UNMOVIC was                unconvincing in the sense that they were unable to resolve it. I                mean these were real differences, simply unresolvable. I think because                the Iraqis are now able to talk, because we've got access to documentation,                and we've been able to put that puzzle back together, you will in                the following report find a pretty convincing case that says most                of these amounts are accounted for and did not go into new weapons.
ACT: So what happened to these weapons? Were they destroyed                or something else? 
Kay: It varies. Some were destroyed. Some were destroyed                in ways that the Iraqis were embarrassed to admit, how they had                been destroyed. Some disappeared in the normal chaos and accidents                that occurred. Realize they fought two wars they lost before this                one—the Iran-Iraq war and the Persian Gulf War—and so,                and those weapons, the unresolved amounts, revolved around importation                of goods prior to the 1991 Gulf War and had been used to a large                extent in the Iranian War. We figured out exactly in each one by                piecing it together… and some of these explanations are terribly                embarrassing to the Iraqis. Like I say, one major one involves disposal                of weapons material and biological agents in ways that were not                only not approved, but dangerous to the health of people in Baghdad,                or thought to be. And so they just covered it up, and they weren't                going to tell anyone that they had gotten rid of it that way. I                don't want to go into exact details, I'll leave that to the next                ISG report as you attempt to verify it. So, I mean I think it's                unfair to say that the ISG has added nothing. In one sense, confirming,                as I think we will confirm, some of UNMOVIC's conclusions, is an                important add as well. But I think just on the missile area, I think                it would be hard to sustain that argument.
ACT: Could we just go back to something you said about in                terms of the records. One of the frequent arguments made is that                when the Iraqis couldn't produce records, UNMOVIC would say you                should have records to produce or if you don't have that you should                have some personnel who did it. I know one explanation was that                Iraqi society was just not as well organized as we had thought it                to be. It sounds like what you're saying today is different, that                there were ways to account for the weapons and they just didn't                in many cases.
Kay: All of us-and that includes UNSCOM and UNMOVIC—all                of us dealing with Iraq, knew that Iraq had tremendous record—keeping                requirements, and they really kept records on almost everything.                And so this inability to produce records on people that were involved                on the destruction hung in everyone's mind as just not a credible                explanation. I think what we have found out is that while there                were some areas where records were not kept, the explanations for                why they didn't keep records were not the ones they consistently                gave to the UN. It was just reasons of protecting themselves and                the regime from how they had destroyed certain things. That some                of the records would have disclosed what they thought were importation                networks that were not known about. There were a variety of reasons,                not a single case. And there are some areas where, in fact, you're                going to have to say the Iraqis were right. The chaos of the moment,                losing two wars, led to some destruction and disappearance of stuff                that was undocumented, and, you know, they were telling the truth.                
               And this gets back to really a fundamental point in the Iraqi case,                which the Iraqis themselves have recognized, many of those under                interrogation that is they got in the habit in 1991 of lying. They                were caught in a series of lies, so that when they later told the                truth in some cases—like why some of these records don't exist—no                one would believe them because they were already convicted as consistent                liars. It wasn't the fault of UNSCOM, it certainly wasn't the fault                of UNMOVIC, and it largely wasn't the fault of the outside analysts.                It was Iraq's fault for having ever gone down this way of such massive                lying—principally in the initial stage to the IAEA, and then                subsequently on the biological area and the chem area to UNSCOM.                Or the missile area when you caught them with the gyroscopes they                had imported and some turned up in the Euphrates. You know, they                just, they lied about everything, so when they told the truth they                didn't get credit for telling the truth. We thought it was just                another lie. 
ACT: Well, often they didn't have anyway to demonstrate they                were telling the truth.
Kay: It's hard to demonstrate when you say, "We didn't                keep records of this." How do you prove it? And it was hard                because it came back to, "Okay well, bring the people involved                who were there when it was destroyed," and they refused to                do that. The explanation for that happens to be because those people                were deadly fearful that if the regime understood—and the regime                being Saddam—how they destroyed some of this material their                heads would have been in a noose.
ACT: In your Jan. 28 testimony before the Senate                Armed Services Committee, you stated that Iraq was more dangerous                than we had thought, citing the regime's lack of central control                over personnel with expertise in WMD. Has the invasion exacerbated                that situation by increasing the chances that these personnel could                provide their expertise to terrorists or rogue governments? And                what do you think of the current efforts to reduce the spread of                that expertise?
Kay: Well, in one sense it has been exacerbated. That is,                the ability to flee Iraq, to leave Iraq is probably much easier                to do now than it was under Saddam, although a lot of people did                it under Saddam. In one sense, probably less so. That is, unless                they took the technology, records of the technology, or pieces of                equipment home, they don't have access, a lot of that has been destroyed.                So they've got what's in their mind, and they've got their technical                capability. But there's not much else that they can get access to.
               No, I worry—I think we all, who were there, worry—that                we continue to come across cases of Iraqis that we wanted to talk                to who had left the country and no one knew where they were. The                efforts to set up the equivalent of a program to retain scientists                and engineers like we set up in the wake of the fall of the Soviet                Union has been much slower in Iraq than it should have been. There                are some efforts finally getting underway, but quite frankly the                largest incentive to stay—and it was true in the Soviet Union                too—is if you believe that the future is going to be better                than the present and you see that progress is being made. Then most                scientists will not go to the Sudan or even to the Gulf area. Iraqis                are-we don't give them enough credit-they are very proud nationalists,                very proud of their culture. They are extraordinarily family-centered                organizations. So it's not a case of David Kay being willing to                go to the United Arab Emirates…they've got to take both sides                of their family's children, aunts and uncles, because they are responsible                for them. And that's hard to do. As long as they believe that security                and progress—economic progress, a legitimate way to make money                and contribute—is in the near-term future, they'll stay in                Iraq. 
               The greatest problem we have, of course, is giving them the confidence                that there is physical security and that the economy is restarting.                So I think that to the extent you can do that, and that there is                a political process that will allow stability, the greatest fear                the Iraqis have is not very much different than people who look                at Iraq in this town is, that is civil war, breakdown of political                society, failure to be able to restart the economy. So…anything                we can do on that that benefits the average Iraqi also benefits                the retention of the scientists. 
               There are special programs that are just now being pushed to try                to target the scientists. It's too little too late, but …it's                better to do it at anytime than not to do it. It's just been slow                to get done.
ACT: You also said that the leading destruction                of the facilities after the invasion hampered the ISG's ability                to get a complete picture of Iraq's weapon program, and you made                some comments earlier about the lack of prewar planning for securing                those facilities. How would you assess the initial plans for locating                and securing WMD there?
Kay: Practically useless. I do not think the U.S. military                gave a very high priority to locating WMD. They gave the highest                priority to WMD that might possibly be used against troops during                the course of the war. And that was their great fear, so on the                actual battlefront, attempts that were designed to deter any possible                Iraqi use or to make it overwhelming that they would gain no advantage                from using it, I think those activities were actually good. 
               But the longer-range issue of finding what was in the WMD, locating                the infrastructure, and protecting it, was horrible. I mean, Tuwaitha—the                principal nuclear research center that we know about—was essentially                left unprotected. There was vast looting of radioactivity material                and sources, looting of technical equipment. Records were destroyed.                Now it was even worse in office buildings in Baghdad where the Military                Industrialization Commission, for example, had its headquarters—those                records were very, very valuable but they were looted and burned.                The Ministry of Finance: looted and burned. And those went unprotected                for well over a month, from April 9 to the end of May. I remember                in May going out to the headquarters of the Iraqi Intelligence Service                and it was a field day. Anyone could go in and collect records and                dig through. … These were unprotected. This was not a task                that the military planned to take on or gave a high priority to.
ACT: You said earlier that the sanctions regime                probably worked to force the Iraqis to go underground to use these                underground networks to procure material. Do you think that those                networks are inherently a bit of a black box, because you don't                by definition know what's going on there. Do you think that may                have contributed to some of the unease regarding all the suspicions                that Iraq was maybe farther along in reconstituting…
Kay: Yeah, you're absolutely right. You saw bits and pieces                of what they were getting through the network, and you tended to                then worst-case analysis on they must be getting other things through,                even though you didn't see it, but you saw a network existed, and                that some things were getting through. So, it added to the problem                of making sound analysis.
ACT: In terms of export control regimes people talk about                choke points, the kinds of technologies you can control—you                can't control Playstation 2s, maybe you can control other things.                In terms of dealing with the sort of network, the A.Q. Khan network,                but others. Do you think that expertise is maybe a choke point?
               Kay: Yeah, you can control technical expertise. Though I now…
ACT: Or do you think there's another…
Kay: I now sort of look at your technical expertise as being                almost like your Playstation II analysis. When you don't necessarily                have to go to the country, but you can do it with a team operating                out of a research institute in a capital somewhere else, or you                can, as in the A.Q. Khan era, you can take the expertise on designing                central parts of a centrifuge and take them to a factory in Malaysia                that then translates them into hardware. The technical expertise                never goes directly to Libya. We just forget, it's such a different                world that there is the technical expertise is now pretty broadly                spread in most of these areas that how you would control it. So                I don't see it being an effective choke line. 
               I actually have come to the conclusion that international inspection                is even more important now than it ever was. The on-the-ground examination                of what's going on is irreplaceable as to what it can do. And so                we've got to find a way to be sure that that inspection is as well-equipped                and well-funded, organized, and with the maximum access possible,                rather than believe that sitting back some place staring through                space, or even with domestic export control laws, that you're going                to be able to stop it that way. There's not going… I think                the conclusion from Iraq—and I think out of Iran and Libya—is                going to be there really is no substitute for effective inspections.                
               And really, the good news part of that story is: I think if there                is effective inspection, the need for unilateral pre-emptive action                becomes much less critical. And the type of pre-emptive action that                you might need, if you were to need it, becomes much less. You don't                have to defeat a country, you may at some point decide you have                to take out a facility [if] international inspectors are being denied                access. That's really a lot different. 
NOTES
 1. James Risen, "Russian Engineers Reportedly                Gave Missile Aid to Iraq," The New York Tmes, March                5, 2004.
2. Kay testified before Congress regarding                the October report about the ISG's findings. See http://www.armscontrol.org/act/2003_11/KayReport.asp
3. See "The Khan Network", March                2004 Arms Control Today, pp. 23-29. http://www.armscontrol.org/act/2004_03/Pakistan.asp
4. The UN Special Commission (UNSCOM) was formed                in 1991 after Iraq's defeat in the Persian Gulf War to verify that                Iraq complied with UN-mandated disarmament tasks. For a list of                relevant UN resolutions, see http://www.armscontrol.org/act/2002_10/UNresolutionsoct02.asp
5. The UN Monitoring, Verification, and Inspection                Commission
               (UNMOVIC) was formed in 1999 to carry out inspections in Iraq after                UNSCOM inspectors were withdrawn the previous year. For more details                see http://www.armscontrol.org/act/1999_12/unde99.asp
6. The Missile Technology Control Regime is                an export control regime that aims to limit the spread of ballistic                and cruise missiles. For more details see http://www.armscontrol.org/factsheets/mtcr.asp
 7. The Chemical Weapons Convention, a 1997                treaty ratified by 160 countries, which bans the use, development,                production, and stockpiling of Chemical Weapons. It is administered                by the Organization for the Prohibition of Chemical Weapons (OPCW)                in The Hague. For more details see http://www.armscontrol.org/factsheets/cwcglance.asp
8. The Biological and Toxin Weapons Convention                (BWC) was signed in 1972 but lacks enforcement and verification                provisions. Efforts to negotiate a binding protocol fell apart in                2001, when the Bush administration rejected a proposed draft and                any further protocol negotiations, claiming such a protocol could                not help strengthen compliance with the BWC and could hurt U.S.                national security and commercial interests. For more details see                http://www.armscontrol.org/factsheets/bwcataglance.asp
9. See "Verifying Arms Control Agreements:                An Interview with Hans Blix, the Outgoing Executive Chairman of                UNMOVIC," Arms                Control Today, July/August 2003, pp. 12-15.
10. In February 2003, the IAEA Board of Governors                adopted a resolution declaring Pyongyang in "further non-compliance"                with its obligations under the NPT and decided to report the matter                to the UN Security Council. North Korea had ignored two previous                resolutions calling for it to comply with its IAEA safeguards agreement,                including reversing its January 2003 decision to withdraw from the                NPT. See: http://www.armscontrol.org/act/2003_03/nkorea_mar03.asp
 11. In response to its failure more than a              dozen years ago to discover secret nuclear weapon programs by Iraq              and North Korea, the International Atomic Energy Agency (IAEA) began              an effort in 1993 to make it more difficult for states to illicitly              pursue nuclear weapons. That effort eventually produced a voluntary              Additional Protocol, designed to strengthen and expand existing IAEA              safeguards for verifying that non-nuclear-weapon states-parties to              the nuclear Nonproliferation Treaty (NPT) only use nuclear materials              and facilities for peaceful purposes. For more details see http://www.armscontrol.org/factsheets/IAEAProtocol.asp
12. Resolution 1441 required Iraq to allow                "immediate, unimpeded, unconditional and unrestricted access"                to "facilities, buildings, equipment, records, and means of                transport which they wish to inspect," as well as a "currently                accurate, full, and complete declaration of all aspects of its programmes                to develop chemical, biological, and nuclear weapons, ballistic                missiles, and other delivery systems."
               For the full text see: http://www.armscontrol.org/act/2002_12/unres_dec02.asp
13. A three-day air campaign launched by President                Clinton in 1998 after UNSCOM inspectors withdrew from Iraq, claiming                their inspections were being hampered. 
14. See Scott Ritter, "The                Case for Iraq's Qualitative Disarmament," Arms Control Today,                June 2000.