White Paper on John Bolton: 

The Wrong Choice for UN Ambassador

 

Last year, senators on both sides of the aisle expressed concern about the fitness of John R. Bolton for the position of U.S. Permanent Representative to the United Nations. By now, those concerns have been legitimated. In less than a year as UN Ambassador, Bolton has isolated the United States, pushed away allies, strengthened enemies, slowed reform, and shunned the kind of old-fashioned consensus-building that has made America’s diplomatic corps among the best in the world. Edward C. Luck, a professor of international affairs at Columbia who has followed the UN for three decades, said: “I actually agree with Bolton on what has to be done at the U.N., but his confrontational tactics have been very dysfunctional for the U.S. purpose…To be successful at the U.N., you have to build coalitions, and if you take unilateral action the way Bolton has, you’re isolated, and if you’re isolated, you can’t achieve much.”

Dr. Luck offers the best summary of Bolton’s tenure: high goals, high rhetoric, high expectations, and low results. On reform, reasonable progress has been made on the Secretary-General’s initiative, but in the General Assembly, where every initiative requires sensitive lobbying and diplomacy, has taken precious few steps forward. On Darfur and Iran, agreements are only made when Secretary Rice intervenes. Meanwhile, Bolton has spent more time giving Congress and political audiences a glass-half-empty look at the value and progress of the UN.

Simply put, Bolton’s record at the UN is one of failure, but based on his background and stated ideological beliefs, that should hardly come as a surprise to anyone.  President Bush’s nominee for the nation’s top diplomatic post has made a career developing the theory that diplomacy simply does not work, since “war is often an entirely rational calculation, and preventive diplomacy can no more stop it as it can reverse the power of gravity.”[1] He has spent his career arguing forcefully that the only reason a president would embrace “‘multilateralism’ is that such an approach offers cover and allows the White House to duck tough decisions.”[2] These quotations are not flip remarks.  They are taken from sworn Senate testimony and carefully-considered opinion pieces, and they are elements of a detailed ideological opposition to multilateralism generally, and the UN particularly, that Bolton has developed throughout his 25-year career. 

This paper will first chronicle Bolton’s recent, startlingly poor record as UN Ambassador; and will then recapitulate the baggage he brings to the position due to his manipulation of intelligence, his suppression and intimidation of colleagues with opposing views, and his frequent clashes with U.S. allies. It is no accident that Bolton’s ideological bent, outlined above, is a common theme in nearly all of the controversial episodes in his career.

I. The Undiplomat as UN Diplomat: Failure to Reform

 

At a recent hearing of the Senate Foreign Relations Committee, Bolton ended his testimony by referencing Joseph Schumpeter’s description of capitalism as a “gale of creative destruction,” and calling for the same kind of force to reform the UN.  Bolton’s behavior at the UN has certainly lived up to the goal of destruction, but has created little aside from more tension and roadblocks.  Despite claims that his goal is to reform the UN, Bolton’s methods have primarily continued to demonstrate his philosophical opposition to multilateralism, stymieing rather than advancing the major goals that Bolton outlined when he began – creating and joining an effective Human Rights Council, expanding the security council, implementing a review of thousands of UN mandates, and increasing internal staff and budgetary oversight by allowing the Secretary General more managerial power.  The failure to secure these U.S. priorities is especially meaningful since the trade-off for Bolton’s brash style was supposed to be his ability to get things done.  As Scott McClellan argued during the controversy over Bolton’s nomination, “A vote for John Bolton is a vote for reform at the United Nations. A vote against him is a vote for the status quo at the United Nations.”[3]  But Bolton’s all-or-nothing approach, with his blatant dismissal of long-standing UN diplomatic practices, has driven the international community apart rather than helping to bring it together.  More often than not, lasting change has come in spite of Bolton; the legacy of his intervention, on issue after issue, has been the status quo. 

This tendency to forego such diplomacy in favor of laying out what the U.S. would not accept, quickly earned Bolton a reputation for negativity that carried over into his negotiations on UN reform.  At the beginning of his tenure in New York, The New York Times reported, that some diplomats “complained that he devoted too much time to talking about the American ‘red lines’ and about the red pen he had in his pocket, ready to be used.”[4] 

That is a literal, rather than a figurative, description of Bolton’s actions during at least one meeting, when according to the Century Foundation’s Jeffrey Laurenti Bolton ostentatiously drew a pen from his pocket, laid it on the table and said “This is a red pen, and I will draw the red lines for this negotiation right now.”[5]  That meeting was over the World Summit Outcome Document, a key blueprint developed over many months to codify agreed-upon UN priorities and reforms.  As one of his first acts as UN Ambassador, Bolton famously drew hundreds of “red lines” through the document, and in the ensuing free-for-all, the entire document went back to a line-by-line renegotiation. Among the literally hundreds of cuts Bolton made to the document, some seemed merely antagonistic, such as this change: “We understand the critical important role played by major United Nations conferences and summits.”  Others seemed to imply that the U.S. was not entirely serious about giving a reformed UN the resources necessary to carry out its mandates:  “We pledge to make the United Nations more relevant, more efficient, more accountable and more credible, and to provide the organization with the resources needed to fully implement its mandates.[6]   

Particularly contentious was his deletion of all 14 references to the anti-poverty Millennium Development Goals, a diplomatic holy grail for many U.S. allies.[7] The American Prospect reported that in an August 25 NGO briefing, Under Secretary Nicholas Burns refused to support, defend, or explain Bolton’s position on MDGs, leading attendants – and other nations – to believe that Bolton was ignoring instructions and acting without authorization.[8] According to a September 10 story in The Guardian, British Foreign Secretary Jack Straw personally pled with Secretary Rice to rein in Bolton and instruct him to restore the consensus he destroyed on the OD. The American Prospect reports that Secretary Rice then intervened, instructing Bolton to restore consensus and find a compromise on the MDGs. By this point, the international community was thoroughly confused by the U.S. position, and the fragile consensus that held together the OD fell apart.  On September 9, the U.S. released three proposals for compromise in the text on the MDGs, the Kyoto Protocol, and development assistance, but the damage had already been done. Only at the World Summit itself was the U.S. able to repair some of the damage, when President Bush and Secretary Rice independently and unambiguously reaffirmed U.S. support for the MDGs.”[9]  As Stephen Stedman, former special advisor to Kofi Annan and one of the document’s architects noted, “Bolton has his own agenda.  He honestly believes that anything on paper is meant to constrain the United States, and the United States is so strong it can get whatever it wants without agreeing to constrain itself. Yet we couldn’t call Condoleezza Rice every day and say ‘do you know what your guy is doing?’”[10]

Judging by the results, Bolton’s strong-arm-tactics were less effective than the multilateralism that he deplores.  After Bolton’s onslaught, other countries declared open season on the document, and Libya, Cuba, Iran, Pakistan, and Egypt gutted its tough stances on human-rights violations and nuclear proliferation.  Bolton himself remained inflexible and brusque during the negotiations, repeatedly telling Kofi Annan’s staff that “You have no standing here” when they attempted to find common ground between the disputants.[11]  The final version of the document, which was not approved until the night before the summit, did not include a definition of terrorism, or a single word of its original references to nuclear nonproliferation, an outcome that Kofi Annan called “a real disgrace.”[12]  One diplomatic ally who was involved in the Summit negotiations was quoted by the New York Observer  as saying “We almost had an agreement with the G-77…He came in and said ‘I want more, I want much more, and I will get it in direct negotiations with individual nations.’“[13]  As a result, the diplomat said “We got new objections from all the tough guys in the G-77 – Pakistan, India, Iran, of course – because after he did what he did, they obviously thought they had nothing to lose by going through every line too.”[14]  Annan’s special advisor Stephen Stedman later blamed the process’ collapse directly on Bolton, noting that when he opened the document up to line-by-line revision he had empowered “spoiler” countries to remove language that was key to U.S. interests: “Right from the start Bolton was intent on dealing only with the spoilers.”[15]

Bolton’s tenure as President of the Security Council in February 2006 also failed to demonstrate a thorough understanding of diplomacy.  When Bolton assumed the presidency he immediately made a show of introducing what he called “discipline” by insisting that all meetings began promptly at 10.00 a.m.  In a body devoted to consensus, Bolton’s first act as President was to begin a meeting in which he was the only one present:  “I brought the gavel down at 10.  I was the only one in the room, though.”[16]  The stunt earned rave reviews from conservative commentators, but did little to change the way business is conducted at the UN. In fact, the practice was shrugged off by other countries, who largely viewed Bolton’s approach as a political move to generate news headlines. Ambassador Cesar Mayoral, who took over the presidency in March pointedly ended Bolton’s practice, noting that he would not begin meetings until all 15 members were represented:


“I think it’s not very polite to start with 11 or 12,” he said. “The form is important. You are working when you have the 15 members in the room ambassadors or not ambassadors, but [every] seat occupied by the members.”[17]

The problems with Bolton’s procedural style were indicative of larger issues that had a direct impact on the reform process.  Even though Bolton had noted before a Congressional committee, in September of 2005, that a central struggle in UN reform was over the allocation of power between the General Assembly and the Secretary-General, in the heat of key reform negotiations and during his term as President of the Security Council he was widely viewed as deliberately bringing up issues that were in the domain of the General Assembly, such as procurement fraud and sexual exploitation involving UN Peacekeepers.  After Bolton called for investigations of these issues in the Security Council, Stéphane Dujarric, spokesman for Secretary-General Kofi Annan said that “There is obviously a lot of tension right now between the General Assembly and other organs about who has the lead in dealing with certain issues here at the United Nations,” adding that whether countries contributed “$1 or $100 million you have the right to expect that your money is well spent.”[18]  Annan said that there was suspicion of a “power grab,” adding that “The General Assembly has generally felt that its power and its influence is being diminished.”[19]  And after developing countries protested to the assembly president, Jan Eliasson of Sweden, for the need of member states “to stop any attempt to shift the issues under the agenda of the assembly to the Security Council,” Eliasson was forced to discuss the issue with Bolton and tell reporters that “we need to deal with” any encroachment on the powers of the General Assembly.[20]  Characteristically, Bolton rubbed salt into the wounds rather than soothing them, greeting the concerns with defiance:  “The United States believes in taking action and being effective, and we don’t apologize to anybody for that.”[21]

Failures on the HRC, Budget, and Expansion

 

While Bolton was keen to enforce “discipline” on his colleagues, his own habit of skipping meetings and failing to announce the U.S. position until it was too late caused frustration with key U.S. allies.  In the lead up to the adoption of a new Human Rights Council, Bolton skipped around 30 planning meetings.  While most countries sent their top officials to hash out the details of a council that the U.S. had identified as a key concern, Bolton left the negotiations to mid-level staffers, putting Mark Lagon, the U.S. deputy assistant secretary of state for international organization affairs, in charge, and leaving daily negotiations to Lagon’s deputy, William Lucas.  In mid-January, Ambassador Kumalo of South Africa, who was also co-chairman of the Human Rights Council negotiations, was quoted in the Washington Post as saying “I can’t remember a meeting where Ambassador Bolton participated.... Maybe if he did participate he didn’t say anything, and you know I’d have remembered it.”[22]  When Bolton finally did get engaged, he seemed to muddy the waters, asserting in January that all five permanent members of the Security Council (including human rights abusers China and Russia) should have the right to sit on the Council permanently – a position that was not part of the U.S. negotiating strategy and quickly retracted by the State Department.  Ambassador Kumalo called Bolton’s remarks “unhelpful,” saying, “It sends an indirect message back to the people that these five will be set aside – you know, they will be forgiven and the rest of all of you will be targets.”[23]  Then, in mid-February, when Bolton attended a crucial negotiating session with  Jan Eliasson, Bolton did not mention the importance to the Bush Administration of a 2/3 vote to place a member on the council – even though this had consistently been listed by the State Department as a must-have provision.  The draft text subsequently came out without the 2/3rds provision, allowing members to be elected by a bare majority and leading Bolton to assert that the negotiations had failed and that it was now time to get down “"real international negotiations.”[24]  Saying he was “chagrined about the U.S. position” Kofi Annan joined General Assembly President Jan Eliasson to warn that opening the document back up was only likely to lead to more delays and gridlock, noting that “I would appeal to member states to understand that it is not a perfect world."[25] In the end, the new Human Rights Council had neither of the two key features that the U.S. sought; the U.S. lost its 2/3rds provision and failed to get a single other country to speak for its other negotiating priority.  After six months of negotiations, the U.S. was unable to support the draft text for the HRC and lost the vote that it called over it by a vote of 170 to four, having only Palau, Israel, and the Marshall Islands in its corner.  According to Ambassador Ricardo Arias of Panama, Ambassador Bolton failed to engage in the negotiations leading up to the vote.[26]  Emyr Jones Parry, the British Ambassador, noted with icy frustration that the EU had endorsed the new HRC but that “The job now is to get clarity on what the U.S. wants.’’[27]

 It was not the only time during Bolton’s tenure that even our closest allies would turn away in frustration and the U.S. would have to delicately bring Bolton back from the ledge.  In December, Ambassador Bolton chose to hold the UN’s budget hostage pending further management reforms, again alienating allies.  Rather than moving reform forward, the budget cap led to political gridlock and to a breach in the 20-year practice of consensus budgeting at the UN.  Numerous diplomats described the cap as “poisonous.”  When Bolton continued to threaten to withhold funding unless key reforms were passed – insisting instead upon an interim budget that many said would leave peacekeeping and other operations short – key allies Britain and Japan backed away.  Emyr Jones Parry said that “we’re not in favor of holding any individual items, or the budget, hostage to other issues.  The EU position is that we want the budget adopted the normal way.”[28]  Ambassador Kumalo spoke on behalf of the G-77, noting that “It should be clear to all of us that the imposition of the spending cap has placed this organization and its membership in a very difficult position.  The spending cap has become an obstacle to the trust among Member States and work of the organization.”  The cap was eventually lifted, after the U.S. ramped down its rhetoric, but the G-77 retaliated by stalling on mandate reform, a top priority for both key contributors U.S. and Japan. 

The budget cap was only one of the counterproductive tactics that Bolton used on management reform. Bolton entered one negotiating session in June (before the budget cap was lifted), produced a cordless microphone, and scolded other Ambassadors for weakening a proposal out of turn and out of order. When silenced by the Chair, he threw up his hands and said, “Well, so much for trying something different.”[29] Six Ambassadors of countries closely allied with the U.S. anonymously reported the incident to the New York Times.

Another priority for both Japan and the U.S. is UN Security Council expansion, as Bolton has outlined in his role as UN Ambassador:  “The United States supports an expansion of the Security Council that can contribute to its strength and effectiveness.” [30] Official U.S. policy is to support expansion, and more specifically, the Japanese bid for a permanent seat. Bolton, however, dismissed all of the various plans put forward for expansion, without offering a U.S. alternative:  “I know there are a lot of proposals for Security Council reform, none of which we've endorsed and none of which we see as commanding two-thirds support in the General Assembly.”[31]  Bolton’s apparent lack of interest in working toward an acceptable proposal for this reform may betray an underlying hostility toward the idea.  In 1993 he wrote an article for the Wall Street Journal with the straightforward title “No Expansion for UN Security Council” – an article still cited approvingly by Bolton’s allies at conservative think tanks like the Heritage foundation.  In that article, Bolton warns ominously that “The danger of the ‘multilateral temptation’ is that one will resort to the U.N. reflexively. That reduces America's unilateral or non-U.N. options, and could even erode its sovereignty.”  And he adds that “the most dangerous temptation multilateralism offers” is “giving Japan and Germany permanent seats on the Security Council.”[32]  In 1997, Bolton again made clear that he thought the notion of “enlargement” should be “relegated to history’s junk pile.”[33] 

At the end of his first six months as Ambassador, Bolton was forced to concede that his “progress has not been good” in bringing reform to the UN.[34]  The U.N. has taken important steps to become more responsive and efficient, such as establishing a new ethics office and instituting new whistleblower and financial disclosure policies. Yet, these reforms were enacted under the authority of the Secretary-General. In the General Assembly, where progress requires thorough and deft diplomacy on the part of reform proponents, little has been done. Indeed, the failures have been so pronounced that an unnamed European diplomat told the New York Observer that “A lot of us wonder what his real agenda is. First, we think maybe he wants things to fail because then he can say, ‘We cannot reform this place.’ The other question is, does he really reflect the position in Washington? That is always the question: Is it Bolton or is it Washington?” [35]  Neither the questions, nor the suspicions, are without basis. 

A year into his term, the reviews are in, and they are not good. Warren Hoge, UN Bureau Chief for the New York Times, spoke to nearly thirty Ambassadors in tandem with the U.S. for management reform progress who “expressed misgivings over Mr. Bolton’s leadership.[36] One Ambassador with close ties to the U.S. said:

“My initial feeling was, let’s see if we can work with him, and I have done some things to push for consensus on issues that were not easy for my country…But all he gives us in return is, ‘It doesn’t matter, whatever you do is insufficient…He’s lost me as an ally now, and that’s what many other ambassadors who consider themselves friends of the U.S. are saying.”[37]

An envoy from Europe said “that Mr. Bolton was a difficult ally for his traditionally pro-American group because he often staked out unilateral hard-line positions in the news media or Congress and then proved unwilling to compromise in the give and take of negotiations.”[38] Another Ambassador from a country “close to the United States,” said of Bolton: “We are all like cooks, and the U.S. is sitting on the sidewalk and when we have this platter cooked, the U.S. comes in and says it was the wrong dish, you were cooking chicken and we wanted meat.”[39] Swiss Ambassador Peter Mauer came forward publicly, calling Bolton’s approach on the Human Rights Council “intransigent and maximalist” and adding, ““All too often…high ambitions are cover-ups for less noble aims, and oriented not at improving the United Nations, but at belittling and weakening it.”[40] Having embraced heavy-handed negotiating tactics and rejected cooperation and compromise, few should be surprised that other countries want a new Ambassador to work with.

Undermining U.S. Diplomatic Goals

 

At least some of Ambassador Bolton’s failure to achieve U.S. goals on UN reform can be attributed to his incendiary rhetoric and glass-half-empty assessment of the UN. While speaking at the 33rd annual Conservative Political Action Conference in the nation's capital in February, Ambassador Bolton made the following comments: in one instance of the incendiary rhetoric that has become a hallmark of Mr. Bolton’s Ambassadorship, Bolton inaccurately called sexual abuse and exploitation by peacekeepers – a serious problem that the U.N. must address – a "rampant practice.[41]" He speaks regularly of a “culture of inaction” at the U.N. and, contrary to Secretary of State’s and President’s message, has discussed reform as a U.S. project. He went as far as to say that the U.S. effort to reform the U.N. “could be like the irresistible force meeting the immovable object.[42]" One of Bolton’s speeches was so inflammatory that the Associated Press, which covered the event, entitled its article, “Bolton Blasts U.N. ‘Sex and Corruption.’”[43] When giving the Status Report of United Nations Reform” in May 2006, he told the Senate Foreign Relations Committee that the U.N. could use “a gale of creative destruction.”[44]

Bolton also undermined U.S. goals by promoting his own, radical views.

While trying to jump-start sensitive negotiations over the Human Rights Council and management reform, Amb. Bolton created a ‘study group’ in the State Department to consider whether the U.S. should push to abolish the system of mandatory assessed contributions to the U.N. core budget.

The study group never reached any public conclusion, but that didn’t stop Amb. Bolton from publicly airing his personal views while these important negotiations were in progress. He asked numerous times: “Why shouldn’t we pay for what we want, instead of paying a bill for what we get?”, adding that it was unfair for the U.S. to pay 22 percent of the budget and get only one vote in the General Assembly.[45] This helped further the impression at the U.N. that Amb. Bolton and the U.S. were more focused on power-grabbing and cost-cutting than building a strong and effective institution capable of responding to global problems that affect everyone.

 

Senators must also ask whether Bolton really is the best person to confirm as UN Ambassador at a time when the Bush Administration has chosen an international legal and diplomatic rationale to deal with the key threat of Iran and the escalating crisis in the larger Middle East.  As Ambassador Vassilakis of Greece said in a recent interview, Ambassador Bolton “is not an easy man to get close to…Some people have the possibility to build consensus.  Others operate in other ways.”[46]  Or, to quote Warren Hoge, the UN bureau chief for the New York Times, “Bolton’s critics believe that by being so assertive and so combative, he is emboldening the enemies of the United States at the United Nations and making it more difficult for the United States to win the argument.”[47] And his old pattern of abusiveness toward colleagues has not disappeared entirely.  One European diplomat noted an instance in which things got “quite ugly” in the Security Council when Mr. Bolton believed that another nation’s delegation had leaked details of sensitive negotiations to the press.[48]

Already, Bolton’s bellicosity on Iran has been cited as a factor in heightening tensions with Iran and our allies, such as his insistence that “This is put-up-or-shut-up time for Iran” and his implication that the U.S. was considering unilateral military action.[49]  Privately, officials have noted that Secretary of State Condoleezza Rice has attempted to keep him out of key negotiations on Iran.[50]  Indeed, publicly Bolton made clear his own reservations about Rice’s outreach efforts to Iran.  Noting that he was “not much of a carrots man” Bolton told the Financial Times that he would not expect much from Rice’s talks, “It would be a mistake to think these negotiations are a first step towards some kind of grand bargain [involving US recognition]. We are only addressing the nuclear issue and stopping their pursuit of nuclear weapons.”  According to the Financial Times, even as the negotiations were pending, Bolton reverted to the same rhetoric of regime change he used when explaining why negotiations with Iraq were futile:  “He said US security guarantees for Iran were ‘not on the table’, and argued instead that regime change could remove a nuclear threat: ‘Our experience has been that when there is a dramatic change in the life of a country, that’s the most likely point at which they give up nuclear weapons.’”[51]

Should the U.S. Senate confirm Bolton as its chief diplomat, it would be sending to a multinational body a man who apparently works against even the bilateral negotiations of his own country.  At a time of heightened Middle East conflict, as the U.S. pursues multilateral solutions, it would be sending as its standard bearer a man who has harshly deplored UN involvement in the Middle east, saying that “for 50 years on a bipartisan basis, we have tried to keep the UN out of the Middle East conflict because it is not an honest broker. And now it’s been invited in. We can’t tell the consequences of that.”[52]  There is no real indication that Bolton’s views have changed in the six years since he made that comment.  In fact, as recently as November, 2005, at a private dinner after he’d begun his tenure at the UN, Bolton reiterated his view that the UN was essentially an anti-American body:  “Since the fall of the Berlin Wall, the UN has become the focus for a lot of people who have an agenda against the United States. We are having the same debates we thought we were having 20 years ago.”  He continued by restating his view that the UN was only useful insofar as it acted at the behest of the world’s only superpower, conceding that it “can be an effective instrument of US foreign policy. There are times when it can serve US interests."[53]  That is essentially the same view Bolton expressed twelve years earlier when he said that if you “lost ten stories” from the UN building in New York it “wouldn’t make a bit of difference,” adding that U.S. power is the world’s only truly effective force:

 

“There is no United Nations. There is an international community that occasionally can be led by the only real power left in the world, and that’s the United States, when it suits our interests, and when we can get others to go along. I think it would be a real mistake to count on the U.N. as if it’s some disembodied entity out there that can function.”[54]

 

It is the same view that he expressed, perhaps most fiercely, in an article for the Cato Institute that describes the UN historically as a collection of “sycophants” and “cynics posing as idealists,” before going on to reiterate that on the rare occasions when the UN worked “The UN was an instrument of U.S. policy, not a policymaker itself.”[55]  John Bolton has staked his intellectual career on UN failure.  And like the 16th  and 17th century astronomers who attempted to shore up their reputation and life’s work by insisting that the solar system revolved around the earth long after observation had proven otherwise, there is no indication that Bolton is ready for the kind of paradigm shift required to pursue multilateralism in good faith.  For Bolton, every crisis is a test for the UN, an experiment to try his theories – a view that came across when he recently noted that “I think that an inability on the part of the Security Council to deal effectively with the Iranian nuclear weapons program would be a signal that, if we are, as we are, committed to preventing Iran from obtaining nuclear weapons, then we have to look at other alternatives.”[56]  It is telling, and chilling, that the situation must get worse, not better, for the experiment to work out as Bolton’s theories would predict.

II. Before Turtle Bay: Abusing Intelligence and Subverting U.S. Foreign Policy

 

An aggressive personality is not necessarily a negative trait in a UN ambassador.  As some of Bolton’s own defenders have noted, effective UN ambassadors like Jeane Kirkpatrick and Senator Patrick Moynihan were known for being tough and “plain spoken.”[57]  But, by any measure, John Bolton’s behavior goes beyond “tough” and his motivation seems to be to promote his ideology and quash dissenting views rather than to negotiate hard-driving diplomatic solutions. His involvement in U.S. policy toward the International Criminal Court is a case in point.

The Failure of Bolton’s Stand Against International Law

 

For example, while President Bush has insisted that Iran comply with “international law,” and Condoleezza Rice has said that “One of the pillars of [US] diplomacy is our strong belief that international law is a vital and powerful force in the search for freedom,” Bolton has forcefully argued that international law simply does not exist.[58]  In an article against the International Criminal Court for Foreign Affairs, Bolton argued to the contrary that “international law” is a concept only good for its emotional appeal: 

           

“While treaties may well be politically or even morally binding, they are not legally obligatory. They are just not “law” as we apprehend the term. And what happens to countries when they do not adhere to international law on some matter? Usually nothing. Why, then, do we continue to talk about international “law”? Because the word has a strong emotive appeal.” [59]

 

Again, this is no mere slip of the tongue, but a position developed over a career-long devotion to the idea that “the United States and its Constitution would have to change fundamentally and irrevocably before binding international law becomes possible.”[60]  It was motivation to this ideology that made Bolton pursue Article 98 agreements with a missionary zeal during his time at the State Department.  There, Bolton was the most outspoken advocate of the Administrations strategy on the agreements, under which countries agree not to hand over U.S. citizens or officials to the International Criminal Court.  Typical of Bolton’s approach, the incentive was not a carrot, but a stick – refusal to sign an Article 98 agreement with the U.S. meant forfeiting all military and security aid.  Lawrence Wilkerson, Colin Powell’s Chief of Staff at the State Department, describes Bolton as pursuing the agreements with blinders as to their larger effects:

 

Let me tell you, 8:30 every morning -- I rarely missed a meeting – Secretary Powell convened the meeting, or Deputy Secretary Armitage convened the meeting…and the only thing Mr. Bolton talked about, primarily, at those meetings -- he rarely said anything, but when he did say something, it was about another Article 98 agreement having been achieved. And, frankly, I used to sit there and think to myself, as a -- again, as a diplomat -- "How much damage are we doing to other relations as we achieve this sort of baseball score on Article 98 agreements?"[61]

 

By cutting off countries in Latin America and elsewhere from U.S. military aid and training assistance, military and State Department officials complained, the sanctions not only impaired our ability to build stable, competent, and friendly militaries around the world, but also drove our allies into the arms of countries that were less favorable toward U.S. foreign policy goals.  At particular issue was the International Military Education and Training program (IMET), which is widely credited with helping nations across the world advance the shared U.S. goals of anti-terrorism and drug interdiction.  A 2005 article in Defense News reported that “a number of U.S. military and State Department officials interviewed for this story in Brasilia, Buenos Aires and Santiago expressed resentment at the up-or-down, take-it-or-leave-it attitude thrust upon them by John Bolton,” with at least one official calling Bolton’s directives “a disaster” for the U.S.[62]  Rather than moderating his position, however, Bolton apparently wanted to push it even further:  the Washington Post reported that Bolton lost an internal State Department debate in which he wanted to refuse military aid even to countries that were about to join NATO (which is exempt from the sanctions) unless they signed Article 98 agreements, despite the fact that the decision to grant them waivers had already been made.  The Post reported on allegations that, after loosing that debate, “Bolton, in the midst of the Iraq war, delayed efforts to provide military funding for Baltic and Central European countries that were to join NATO, because they had not signed agreements exempting U.S. military personnel from prosecution at the controversial new International Criminal Court. Some of the countries wanted training to assist in their deployments in Iraq.”[63]

However, after achieving 100 of the agreements by May 2005, progress stalled.  The sanctions were now clearly achieving no purpose except to alienate allies, weaken our military ties, and were, as Secretary of State Condoleezza Rice said, “''sort of the same as shooting ourselves in the foot.''[64]  General Bantz Craddock, head of U.S. Southern Command, told a U.S. Senate hearing that the sanctions had ``unintended consequences”:

''If we are not there, if we can't provide this opportunity, someone else will. `We see more and more military [Latin American] commanders and officers going to China for education and training. We see more and more Chinese nonlethal equipment showing up in the region.''[65]

Senator John McCain agreed that the U.S. was paying ''a very heavy price,'' and in June, 2006, the Senate agreed to lift the aid ban tied to the International Criminal Court, while a House version of the bill criticized the sanctions and called for expanded use of waivers.[66]  Bolton, one of the harshest long-term critics of the ICC, has been left further behind as the Bush Administration has accepted the court as the venue for trying Darfur war crimes.  As the Wall Street Journal reported, the U.S. “now considers the ICC perhaps the only chance to bring Darfur war criminals to justice,” conceding that a court with 100 member countries cannot be delegitimized.[67]  The new U.S. was on display in June, when the ICC’s chief prosecutor reported to the UN Security Council, and the State Department’s chief lawyer, John Bellinger noted that “we do acknowledge that it [the ICC] has a role to play in the overall system of international justice.”  U.S. Ambassador Bolton has not publicly embraced the new position, and sent a deputy to attend the prosecutor’s briefing.

 

Iraq, Syria, and the “Politicization of Intelligence”

 

Bolton’s authoritarian style and ideology clearly causes problems beyond alienating U.S. allies and weakening alliances.  And there is an even more direct connection between Bolton’s abuse of colleagues and damage to international American standing: in a striking number of cases outlined in Bolton’s 2005 confirmation hearings, Bolton abused underlings because they were not willing to distort intelligence to fit his preconceived policy objectives on Iraq and other states where Bolton favored an aggressive approach.  As former Assistant Secretary for Nonproliferation John Wolf noted, when Bolton explained that he wanted intelligence analysts fired because they failed to provide “diligent service,” what he really meant was that “he didn’t agree with the views they were expressing.”[68]  Bolton’s pressure on the intelligence community was a key part of the landscape in the months leading up to the invasion of Iraq.  Now, it is difficult to say whether Bolton’s opposition to alternative views, or the implication that he is an unreliable conduit for the unvarnished truth on U.S. intelligence, is the more fatal flaw in a UN Ambassador.

This is why former assistant Secretary of State for Intelligence and Research Carl Ford, a self-described “loyal Republican,” who is “a huge fan of Vice-President Cheney,” felt compelled to come forward after “a lot of soul searching” to testify against Bolton’s appointment.[69]  Yes, Ford described Bolton as a “serial abuser” for his mistreatment of the Intelligence Officer on Latin America, Christian Westermann, when the officer objected to Bolton’s desire to use dubious and controversial intelligence in May 2002 to suggest that Cuba had a biological weapons program.  But worse than Bolton’s behavior was his effort to simply make opposing views disappear.  After meeting out a tongue lashing to Westermann, Bolton sought out Carl Ford and, as Ford related, “I left that meeting with the perception that I had been asked for the first time to fire an intelligence analyst for what he had said,” adding that “whether the words were ‘fire,’ whether that was ‘re-assign,’ ‘get him away from me, I don’t want to see him again,’ I don’t remember.”  But the upshot was the same. 

By now, the basic narrative of the events Ford described has been clearly established by hours of interviews and Senate testimony.  When then Undersecretary of State John Bolton sought to use dubious and controversial intelligence in May 2002 to suggest that Cuba had a biological weapons program, the Intelligence Officer on Latin America, Westermann, objected and sought to change and limit those assertions.  In response, Bolton called Westermann on the carpet, as Ford explained:  “Secretary Bolton chose to reach five or six levels below him in the bureaucracy, bringing analysts into his office and giving them a tongue lashing.”  As Ford described Bolton’s behavior “He was so far over the line that he’s one of the, sort of, memorable moments in my career.”[70]  As Westermann described Bolton, “he was yelling and screaming, and red in the face, and wagging his finger. I’ll never forget the wagging of the finger. That’s perhaps his style.”  Westermann said the incident caused so much stress that it affected his physical health.[71]

Ford described a “chilling effect” among intelligence analysts who felt that dissenting views could harm their careers -- and the personal intervention of Secretary of State Colin Powell was required to help bring about a thaw.[72]  Recalling the incident in which Bolton had requested the reassignment, then deputy director for Central Intelligence John McLaughlin recalled that he had said “we’re not going to do that. Absolutely not. No way. End of story.”  McLaughlin emphasized just how out-of-the-mainstream Bolton’s request was:

 

“It’s perfectly all right for a policymaker to express disagreement with an NIO or an analyst, and it’s perfectly all right for them to challenge such an individual vigorously, challenge their work vigorously. But I think it’s different to then request, because of the disagreement, that the person be transferred.”[73] 

 

However singular Bolton’s behavior was in this case, further testimony revealed that he had attempted to thwart the careers of multiple analysts who disagreed with him in much the same way.  When a national intelligence officer named Fulton Armstrong (referred to through most of the Senate hearings as “Mr. Smith”) objected to Bolton’s inflated bioweapons rhetoric, Bolton also sought to have him removed.  Bolton testified before the Senate that this was because he and Otto Reich, the assistant secretary of state for Western Hemisphere affairs, were “not satisfied with Mr. Smith’s performance.”[74]  But when the officer’s boss, then head of the NIC Stuart Cohen, was asked if he ever acted on Bolton’s desire, he made it clear that he considered the officer an exemplary analyst:  “Quite the contrary. I worked harder to get him promoted than any other officers that I think has ever worked for me.”[75]  The problem, as witnesses testified repeatedly, was not analysts’ performance, but their views.

Bolton’s own views, and his views about what the intelligence should express, were clear.  As early as 1998, Bolton had joined Donald Rumsfeld, Dick Cheney, Paul Wolfowitz, and other members of the Project for the New American Century as a cosigner on letters to President Clinton and the House and Senate majority leaders insisting that Saddam Hussein should be removed from power.  According to the letters, the doctrine of “containment” had failed, Saddam was acquiring banned weapons, and “U.S. policy should have as its explicit goal removing Saddam Hussein’s regime from power and establishing a peaceful and democratic Iraq in its place.”  The letters also made it clear that Bolton thought multilateralism was the wrong approach, arguing that “we can no longer depend on our partners in the Gulf War coalition to continue to uphold the sanctions or to punish Saddam when he blocks or evades UN inspections.”[76] 

Elsewhere, Bolton became increasingly strident about toppling Saddam, decrying President Clinton’s support for Kofi Annan’s “Baghdad deal” of February 1998 to allow weapons inspectors back into the country.  For Bolton, what was “harder to understand [than Annan’s motives] is why the Clinton administration allowed him to go at all, or permitted him any negotiating flexibility.”[77]  Simply put, since Saddam was known to have lied in the past, Bolton said, he could never be trusted again, and no amount of intelligence information or weapons inspection could alter the need for his removal:

“[T]he Saddam Hussein regime can never be trusted. They have lied so persistently for so long that the only way to get to an acceptable level of tolerance, if you will, for Iraq’s position militarily, is to remove Saddam Hussein from power.”[78]  This conviction, and Bolton’s general belief that the U.S. should act free from the hindrances of multilateralism in pursuit of its policy objectives, was responsible for Bolton’s repeated clashes with the intelligence community.

Alan Foley, the former head of the CIA’s weapons proliferation center who describes Bolton as “a friend,” nevertheless detailed Bolton’s willingness to break with the intelligence community’s assessments and insist that they bend to his own views:

 

“John strongly believed that just because the intelligence community had a

conclusion on an issue, that didn’t necessarily have to be his view… in other words, John felt he had every right to interpret what the evidence meant and come to a different conclusion than the intelligence community.”[79]

 

Bolton did this regularly, according to Foley.  Robert Hutchings, former chairman of the National Intelligence Council, also confirmed, for example, that Bolton clashed repeatedly with officials over Syria.  The New York Times reported that when Bolton submitted for approval a speech he planned to deliver on Syria to the House International Relations Committee in 2003, the CIA responded with a 35-page memo on how the proposed speech went beyond the accepted intelligence assessment.  Particularly contentious was Bolton’s plan to tell the committee that Syria’s development of chemical and biological weapons posed a threat to the Middle East.[80]  Hutchings described Bolton’s use of intelligence as “cherry picking”:

 

“Let’s say that he took isolated facts and made much more of them to build a case than I thought the intelligence warranted. It was a sort of cherry-picking of little factoids and little isolated bits that were drawn out to present the starkest-possible case.”[81]

 

According to Hutchings, the kind of pushback exhibited by Bolton as he wrangled with analysts over the speech amounts to a “politicization” of intelligence that ultimately compromises it: 

 

“When policy officials come back repeatedly to push the same kinds of judgments, and push the intelligence community to confirm a particular set of judgments, it does have the effect of politicizing intelligence, because the so-called “correct answer” becomes all too clear. And, you know, even when it’s successfully resisted, it has an effect.”[82]

 

The effect must have been particularly chilling since, as detailed above, Bolton actively sought the removal of analysts whose views did not align with his own.  Specifically, it is notable that all of the intelligence analysts with whom we know Bolton clashed had attempted to moderate an intelligence picture that Bolton wanted to use to make the case for unilateral military action.  Fulton Armstrong and Christian Westerman objected to Bolton’s inflated bioweapons rhetoric, and Former Assistant Secretary for Nonproliferation John Wolf also related that Bolton attempted to thwart the career of a rising star in the State Department, Rexon Ryu, and at least two other non-proliferation officers with whose views he disagreed. 

Ryu worked with Secretary Colin Powell and “threw away a lot of trash” from the materials that Powell presented in his speech to the UN Security Council on the brink of war in February of 2003.[83]  During this time, Bolton apparently became convinced that Ryu was conspiring to withhold information from him, accusing him of “duplicity” when Ryu did not provide a copy of a cable related to the UNMOVIC inspections that Bolton requested.  Typically, Bolton called Ryu on the carpet, but when Wolf investigated he found that the cable had in fact been widely circulated by Ryu and decided that his failure to CC Bolton had simply been “inadvertent.”[84] Ryu was, Wolf maintained, a “remarkable civil servant, indeed, an