Iraq, the secret US visit, and an angry military chief
In an exclusive interview with The Observer, Taft has for the first time disclosed details of Goldsmith's mysterious visit to the US capital. Up until now, the British government has been reluctant to give any details of his meeting with the powerful network of lawyers in Bush's inner sanctum who helped persuade him that a second UN resolution was not necessary.
Goldsmith, who had been expressing doubts about the legality of any proposed war, was sent to Washington by the Foreign Secretary, Jack Straw, to 'put some steel in his spine', as one official has said.
On 11 February, Goldsmith met Taft, a former US ambassador to Nato who was then chief legal adviser to the Secretary of State, Colin Powell. After a gruelling 90-minute meeting in Taft's conference room 6419, Goldsmith then met the US Attorney General, John Ashcroft, followed by a formidable triumvirate including Judge Al Gonzales, Bush's chief lawyer at the White House.
Philippe Sands QC, an international lawyer whose book Lawless World re-ignited the row over the Attorney General's legal advice said: 'How delightful that a Labour government should seek assistance from US lawyers so closely associated with neo-con efforts to destroy the international legal order.'
In his 7 March legal advice, Lord Goldsmith makes it clear that some British law officers believed that it was up to the Security Council, not individual states, to decide if Iraq was in breach of its obligations. But Goldsmith discloses that he had fully taken on board the arguments made to him during his visit to Washington: 'The US have a rather different view: they maintain that the fact of whether Iraq is in breach is a matter of objective fact, which may therefore be assessed by individual member states. I am not aware of any other state which supports this view.'
The advice clarifies a second vital point: that the American legal advisers who drew up 1441 were convinced that it contained, in itself, the authorisation to use force against Saddam if he could be shown to have failed to disarm. Goldsmith refers specifically to his meetings with the neo-cons and the effect the arguments that Taft and others had on him: 'I was impressed by the strength and sincerity of the views of the US administration which I heard in Washington on this point.'
Taft remains adamant that 1441 gave the US and Britain a legitimate trigger for the use of force. 'We were drafting the resolution having in mind that we might not get another one and we wanted, in the event of non-compliance
, to allow our policy-makers to be in a position to do what they needed to do,' he said. 'There was an enormous fight. A draft resolution was tabled stating that the Security Council would have to take further action and this was not accepted.'
Taft is convinced that Goldsmith's final advice to Blair was correct under international law. 'I am still right there. The use of force was entirely lawful and authorised by the Security Council.'
http://observer.guardian.co.uk/politics/story/0,6903,1474190,00.html