5 | Advice on the legal basis for military action, November 2002 to March 2003

156. Asked if this request could have been channelled through Ms Adams to the Foreign

Office Legal Advisers, Lord Goldsmith explained:

“There are a number of ways it could have been done, and I’m not sure that the

Foreign Office would have been able to deal ultimately with the US side, but it could

have been.”57

157. Lord Goldsmith said:

“I wasn’t expecting to discuss it with Jonathan Powell. That wasn’t the point. I did

want to discuss that with the Prime Minister, with the Foreign Secretary, who had

been very closely involved in the negotiations, and this was a channel.”58

158. Lord Goldsmith told the Inquiry that he wanted to have “from the client, you know,

‘What do you say in relation to certain of these arguments?’”59

159. Lord Goldsmith told the Inquiry that he viewed Mr Blair as “ultimately” the client for

his advice.60

160. Asked whether the client was, at that stage, “expressing a view on how soon” the

advice would be required, Lord Goldsmith told the Inquiry:

“I don’t recall. Certainly there wasn’t … any request at that stage for final advice, but

given what I said about needing to understand certain further matters … it obviously

wasn’t going to be then and there.”61

161. Asked whether the client was concerned that he should not “come in too soon”

with his advice, Lord Goldsmith told the Inquiry that that question would need to be

put to Mr Blair; and that Mr Powell and his very close advisers knew what Mr Blair’s

mind was.62

162. Asked what indications he had been given about the timing of his replies,

Lord Goldsmith stated:

“I don’t recall …

“All I was saying was I wasn’t actually in a position to provide my advice at that stage

– because I hadn’t completed my researches and my enquiries – and it was agreed

that I would provide a draft advice which would be something that would then enable

me to raise questions which were causing me concern, so I could understand what

the response to them was.”63

57 Public hearing, 27 January 2010, page 65.

58 Public hearing, 27 January 2010, page 66.

59 Public hearing, 27 January 2010, page 67.

60 Public hearing, 27 January 2010, page 68.

61 Public hearing, 27 January 2010, page 68.

62 Public hearing, 27 January 2010, page 68.

63 Public hearing, 27 January 2010, page 69.

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