The Report
of the Iraq Inquiry
of previous
occasions” the Government had engaged in military action on a legal
basis
that was no
more than “reasonably arguable”.183
465.
Mr Brummell
also wrote:
“Jonathan
Powell said that he understood the Attorney’s advice in summary to
mean
that by far
the safest way forward is to obtain a second resolution, but that,
if we are
unable to
obtain one, it might be arguable that we do not need one, although
we
could not
be confident that a court would agree with this.
“The No.10
representatives confirmed that the US and UK Governments
were
continuing
with their intensive efforts to secure the passage of a second
resolution,
if at
all possible.
“Jonathan
Powell confirmed that No.10 did not wish the Attorney’s advice to
become
public.”
466.
Mr Powell
told the Inquiry that he did not really remember the
meeting.184
467.
Lord Goldsmith
told the Inquiry that he did not know why he had not
informed
No.10 that
there was a reasonable case before 27 February. He
said:
“After I
came back from the United States … I had taken the view there was
a
reasonable
case. A draft was produced which reflected that. I don’t know why
it took
me until 27
February, but that may have been the first time there was a
meeting.
I met
with Jonathan Powell, Sir David Manning and Baroness Morgan and
told them
that I had
been very much assisted in my considerations by Jeremy
Greenstock,
the Americans
– I may have mentioned Jack Straw as well, and I was able to
tell
them that
it was my view that there was a reasonable case.”185
468.
Lord Goldsmith
added:
“Obviously,
I had prepared what I was going to say. Then – so I told them –
and
I had
given them, therefore, as I saw it, and as I believe they saw it …
the green
light, if
you will, that it was lawful to take military action, should there
not be a second
resolution
and should it be politically decided that that was the right course
to take.”
469.
Lord Goldsmith
identified three main influences on his thinking which contributed
to
the change
in his position by the end of February that a reasonable case could
be made
that
resolution 1441 authorised the use of force without the requirement
for a further
resolution:
•
the meeting
with Sir Jeremy Greenstock on 23 January;
183
Minute
Brummell, 27 February 2003, ‘Iraq: Attorney General’s Meeting at
No. 10 on 27th February 2003’.
184
Public
hearing, 18 January 2010, page 104.
185
Public
hearing, 27 January 2010, pages 130-131.
84