Michael Chertoff, former US Director of Homeland Security

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:00:05. > :00:09.the highest in three years. Now it is time for HARDtalk.

:00:09. > :00:13.Michael Chertoff was the man whose task it was to keep the USA safe.

:00:13. > :00:16.For four years he was the director of homeland security under George W

:00:16. > :00:19.Bush and a leading figure in America's war on terror. Michael

:00:19. > :00:22.Chertoff says that ten years after the September 11 attacks the world

:00:22. > :00:32.remains threatened by terrorist groups. So what have we learned

:00:32. > :00:40.

:00:40. > :00:48.over the last decade about how best to combat this ongoing threat?

:00:48. > :00:58.Michael Chertoff, welcome to HARDtalk.

:00:58. > :01:06.

:01:06. > :01:13.Thank you. Do you still think that it is a war

:01:13. > :01:18.on terror? I think it is, but it is an unusual war. It needs both

:01:18. > :01:21.traditional military action and also law enforcement. It runs the

:01:21. > :01:26.spectrum. I think that is the way national security will be from now

:01:26. > :01:33.on. It will be a spectrum. Do you understand why some of your Peers

:01:33. > :01:41.have said that the use of the word war is actually counter-productive?

:01:41. > :01:45.-- some of your peers. It was Osama Bin Laden who began by declaring a

:01:45. > :01:52.war. He began by declaring it. If you look at the destruction that

:01:52. > :01:58.was visited on the United States on 9/11, certainly the scale in terms

:01:58. > :02:02.of loss of life eclipses any other in American history. He used the

:02:02. > :02:08.tools of war. We saw Osama Bin Laden killed earlier this year.

:02:08. > :02:13.That is the kind of thing you do in a war, not in a criminal case.

:02:13. > :02:22.danger, I guess, is you are being sucked into the territory on which

:02:22. > :02:25.your enemy, Osama Bin Laden, wants to take you. The boss of MI5,

:02:25. > :02:34.Britain's secret intelligence service, said that she felt the

:02:34. > :02:40.9/11 attacks were a crime, not an act of war.... She says the attacks

:02:40. > :02:45.were monstrous, but they were just a crime, not qualitatively

:02:45. > :02:49.different to what had gone on before. I have to disagree with

:02:49. > :02:53.that. If that were correct, it would be the case that we should

:02:53. > :02:57.not have killed Osama Bin Laden, we should have served a subpoena on

:02:57. > :03:04.him or indicted him and tried to have him extradited from Pakistan.

:03:04. > :03:08.What were the chances that would have happened.... our success is

:03:09. > :03:13.the ability to combine military tools and traditional investigative

:03:13. > :03:18.tools as one total effort. I think that still remains, practically,

:03:18. > :03:23.the most effective approach to striking back. Is it a war that can

:03:23. > :03:31.be resolved militarily? Identikit can be resolved militarily. I think

:03:31. > :03:34.in the short-term, these tools keep a safer -- I don't think it can. It

:03:34. > :03:39.is reminiscent of the Cold War, when you are fighting with a set of

:03:39. > :03:42.ideas. How we win that in the long run involves not just government

:03:42. > :03:49.action but engaging the communities that are of the recruiting grounds

:03:49. > :03:53.for terrorists and getting them to turn against Al-Qaeda. If you are

:03:53. > :03:57.making comparisons - others have been made. For example, what

:03:57. > :04:01.happened in Northern Ireland. There it was a terrorist campaign as far

:04:01. > :04:06.as many people were concerned. Essentially it was something that

:04:06. > :04:11.was resolved politically in the end. It was done by finding extremists

:04:11. > :04:15.with whom one could talk. Do you think that is the approach you

:04:15. > :04:21.could be taking with Al-Qaeda? Eventually those who you can talk

:04:21. > :04:26.to should be negotiated with? Recalled a resolution in Northern

:04:26. > :04:29.Ireland - it resulted from the fact that I R eight had demands that

:04:29. > :04:33.were, whether you agree with them or not, at least within the realm

:04:33. > :04:36.of reason. They wanted to have a certain political status for

:04:36. > :04:42.Ireland. It is possible to come up with a compromise, whether it was

:04:42. > :04:46.up double or not I can't tell you. As I understand, Al-Qaeda has no

:04:47. > :04:50.compromise. They want not only to drive America and the West out of

:04:50. > :04:54.the Middle East, they don't like the cartoons that a published in

:04:54. > :05:00.newspapers in Denmark. They don't like certain television programmes.

:05:00. > :05:05.They don't like the way we run our plights in our own countries. It is

:05:05. > :05:10.hard to seek common ground. What needs to happen is to demonstrate

:05:10. > :05:13.to the audience out there, the potential recruits, that in the end

:05:13. > :05:17.Al-Qaeda is not a path that leads to anything productive. Hopefully

:05:17. > :05:21.there will be other alternatives, including the Arab Spring, which

:05:21. > :05:28.may be a very hopeful alternative narrative for the Arab world and

:05:28. > :05:33.the Middle East. While you are negating the ideology you say Al-

:05:33. > :05:37.Qaeda holds, isn't there a danger that while in prosecuting this war

:05:37. > :05:45.you could compromise the values which you claim to espouse so

:05:45. > :05:54.dearly? A former senior official from the sea I ate and F B I said

:05:54. > :05:58.recently that security does not Trump freedom -- CIA. The risks we

:05:58. > :06:02.face is if we have another event of that magnitude that we will over-

:06:02. > :06:06.react and give Al-Qaeda an excuse to say "we are still there, we can

:06:06. > :06:10.still galvanise the attention of the Americans". That seems

:06:10. > :06:15.precisely what you are suggesting we do. I am not suggesting we ever

:06:15. > :06:21.over-react. I am suggesting that if the measures we put in place now,

:06:21. > :06:24.first of all, reduce the risk, and second - hopefully they build some

:06:24. > :06:29.resilience. If there was a successful attack our response

:06:29. > :06:33.would be appropriate. Not excessive. Part of what we have tried to do in

:06:33. > :06:38.the last ten years is to build an architecture for our security that

:06:38. > :06:43.can be sustained over a long period. I agree - we do not want to over-

:06:43. > :06:50.react. We also don't want to under- react. Binding apposition of

:06:50. > :07:00.balance has been a task of the last ten years. -- building a position

:07:00. > :07:01.

:07:01. > :07:11.of balance.... Rendition was not actually in the domain of my

:07:11. > :07:14.

:07:14. > :07:19.department. I am an observer. Rendition began under the Clinton

:07:19. > :07:25.administration. The key issue is - how do you gather intelligence and

:07:25. > :07:32.how do you help people who are dangerous to the United States?

:07:32. > :07:38.Sometimes that involves a more compelling way of gathering that

:07:38. > :07:42.intelligence - moving people to a country where than they may have

:07:42. > :07:45.more success... Because they might be torturing... Not because they

:07:45. > :07:50.are torturing - because their knowledge of the culture, the

:07:50. > :07:53.individual - because they will not be necessarily getting Miranda

:07:53. > :07:59.rights and Court room oils when they first appear means there is a

:07:59. > :08:08.bit more ability to extract information from people. --

:08:08. > :08:12.corporate lawyers. You're putting a very softly. We are talking about a

:08:12. > :08:19.co-operation between the sea I ate and Libyan police. Files had just

:08:19. > :08:24.come out from Tripoli -- CIA. They showed that there CIA was co-

:08:24. > :08:27.operating with the Libyan police on the rendition of certain suspects.

:08:27. > :08:36.I haven't seen the documents. I am not quite sure what extremely

:08:36. > :08:41.closely means. They were very chummy. First-name terms, people

:08:41. > :08:46.who were seen as high-value subjects. There is no question...

:08:46. > :08:48.It you have a high value subject, someone with a great deal of

:08:48. > :08:58.information - core operating with another intelligence agency to get

:08:58. > :09:05.what they have -- co-operating. This is something you want to do.

:09:05. > :09:09.This was the Libyan secret police. The CIA must have known... People

:09:09. > :09:13.were going to be tortured. I am not sure I'm going to agree with you

:09:13. > :09:23.that they knew people would be tortured. My understanding of the

:09:23. > :09:28.law is that generally what the CIA would do is a... I can't tell you

:09:28. > :09:33.if people were mistreated. All the anecdotal evidence and more than

:09:33. > :09:37.anecdotal evidence, generally, shows that torture in these

:09:37. > :09:41.countries is widespread. Again, you are referring to evidence I haven't

:09:41. > :09:45.seen. Let me put it in perspective this way. In the US government and

:09:45. > :09:52.the British Government deal with unpalatable regimes? I have no

:09:52. > :09:56.doubt about it. In World War 2 we made inroads with Stalin, possibly

:09:56. > :09:59.one of the was monsters in the world. Churchill said that if the

:09:59. > :10:03.devil himself agreed to fight Hitler I would make favourable

:10:03. > :10:08.reference to him in the House of Commons. It would be lovely if

:10:08. > :10:12.people you dealt with were all up spending priests and ministers, but

:10:12. > :10:18.those people don't get intelligence. Sometimes you're working with

:10:18. > :10:22.people who are on the difficult side of the spectrum. You need to

:10:22. > :10:26.balance. There are some things you will not countenance, but there are

:10:26. > :10:31.some things you will. Would you countenance water boarding? We can

:10:31. > :10:35.have debates about water boarding... It is a specific question. I am not

:10:35. > :10:39.in a position to judge whether it is effective or not. I cannot tell

:10:39. > :10:41.you if it is the only way to get information... It is not the

:10:41. > :10:46.question whether it is effective, it is the question whether it is

:10:46. > :10:48.morally justifiable. Let me break it into two pieces. There are

:10:49. > :10:53.people and have been through the process as part of its stake

:10:53. > :10:55.training in the military who will tell you that while it is harsh and

:10:55. > :10:59.difficult it leaves no lasting effects and does not rise to the

:10:59. > :11:04.level of torture. The United Nations says it is torture.

:11:04. > :11:07.have people on both sides. On the moral issue I would say this - if

:11:07. > :11:12.you have a genuine belief that a person is in possession of

:11:12. > :11:16.information that can save lives and if you don't use anything up to the

:11:16. > :11:21.limit of the law that you can to get that information an as a result

:11:21. > :11:24.people died - are you prepared to look into the eyes of the surviving

:11:24. > :11:28.family members and say "I could have saved your son or daughter,

:11:28. > :11:34.but I didn't want to do something unpleasant, therefore, I am sorry

:11:34. > :11:40.for your loss". So the moral judgement kasbah is in a consent is

:11:40. > :11:45.- yes. Up to the limit of the law. Even if some people think it is

:11:45. > :11:48.torture. There are some people who think plea-bargaining is torture

:11:48. > :11:53.and we plea-bargain in the United States. There is a legal limit. You

:11:53. > :11:56.don't want to go beyond that. Within that, if you have to use

:11:56. > :12:04.some tough methods it may be morally justified to save innocent

:12:04. > :12:08.lives. What about Guantanamo Bay, is that justified? And there is an

:12:08. > :12:11.elaborate legal regime that allows detainees to challenge their

:12:11. > :12:16.confinement in federal court. The physical facility - I have never

:12:16. > :12:19.seen it. As it has been described to me it is probably nicer than

:12:19. > :12:25.most federal prisons. From that standpoint I don't think there is a

:12:25. > :12:29.complete any longer.... There isn't a complete any longer? I don't

:12:29. > :12:36.think there is a sound basis for complaint. An awful lot of people,

:12:36. > :12:46.including the former British Attorney General, one of your close

:12:46. > :12:46.

:12:46. > :12:50.allies, does not agree with you at all.... Guantanamo Bay has been a

:12:50. > :12:55.recruiting ground for terrorism. is not clear to me that one ton and

:12:55. > :13:00.obey has recruited terrorists or that it has been described as that

:13:00. > :13:04.-- Guantanamo Bay. Look at what causes people to carry out

:13:04. > :13:09.terrorist attacks. There have been multiple attacks in Denmark. What

:13:09. > :13:14.did they do to deserve this? They had cartoons posted in a newspaper.

:13:14. > :13:18.The idea that when we used tough measures it is recruiting - that is

:13:19. > :13:23.not supported by facts. Let's move on to your involvement in the war

:13:23. > :13:30.on terror, as you have described it. You have left government and you a

:13:30. > :13:35.part of the private sector. You have been involved in representing,

:13:35. > :13:40.working for a company which has represented the body scanner

:13:40. > :13:50.manufacturers that are being used at airports. As a part of airline

:13:50. > :13:56.

:13:56. > :14:00.Just after the failed underwear bombing. In the United States, the

:14:00. > :14:06.Accounting Office said it remained unclear whether it be advanced

:14:06. > :14:09.imaging technology would have detected the weapon used in the

:14:09. > :14:19.December 2009 incident. Do you now think what you had to say about it

:14:19. > :14:24.was overstated? No. Sometimes they get it wrong. We looked at the

:14:24. > :14:29.issue in 2006, 2007 when we first confronted the possibility of

:14:29. > :14:34.people trying to conceal elements of a bomb in personal parts of

:14:35. > :14:39.people's body. The only way to find that was to look and see if there

:14:39. > :14:45.was a concealed area in an anatomically sensitive part of the

:14:45. > :14:51.body and that is scanning. It is still have used in the United

:14:51. > :14:56.States and the algorithms have improved. The only way to discover

:14:56. > :15:04.them would be too literally Pat everybody down, which I think

:15:04. > :15:14.people would find more unpalatable. A bipartisan think tank came up

:15:14. > :15:14.

:15:14. > :15:22.with a post-9/11 approach - they said that the scanners are not

:15:22. > :15:28.effective and raised privacy and health concerns that Homeland

:15:28. > :15:32.Security have not addressed. Something that is concealed on a

:15:32. > :15:37.person, not inserted in the body - there is a separate concern raised

:15:37. > :15:42.by people about the possibility of someone actually surgically

:15:42. > :15:47.inserting a bomb inside a body. I agree that body scanning would not

:15:47. > :15:53.catch that but that is a very small risk given it would be very

:15:53. > :15:56.difficult to find people happy to engage in that. It would be

:15:56. > :16:01.mystifying as to why the German government in the last week has

:16:01. > :16:07.decided the technology does not work, it has abandoned the pilot.

:16:07. > :16:17.It studied the results from 800,000 passengers getting through, I think

:16:17. > :16:19.

:16:19. > :16:23.it was ham buried in airport. -- Hamburg airport. I am relying on

:16:23. > :16:33.what the government has told me and what has been said publicly and my

:16:33. > :16:33.

:16:34. > :16:38.understanding is that it adds real value and they say works. Has -- I

:16:38. > :16:45.have no financial interest. That is disputed by a Republican

:16:45. > :16:50.congressman who said there is no evidence there is more security but

:16:50. > :16:58.the former homeland security chief, Michael Chertoff, made money by

:16:58. > :17:08.hawking this. That is a false statement. We represented a company

:17:08. > :17:09.

:17:09. > :17:16.that made the scammers but -- that made the scanners. I have been

:17:16. > :17:19.completely consistent. Do not think more broadly, since leaving

:17:19. > :17:25.government you sit on the board of a company that lobbiesat lobbiest

:17:25. > :17:35.on behalf of Defence and Security firms. It is a law firm. It lobbies

:17:35. > :17:37.

:17:37. > :17:41.the government. I practise on behalf of a lawyer. You work for a

:17:41. > :17:46.company that advises government on defence issues. I am on the board

:17:46. > :17:50.of the company. Do you think it is right for you to have moved so

:17:50. > :17:59.quickly from government into private industry in this way?

:17:59. > :18:03.could have let myself be unemployed. You could have been a lawyer.

:18:04. > :18:12.Apparently you found my work as a lawyer and appealing. If you are

:18:12. > :18:17.working on specific issues related to your past job... Let us be clear.

:18:17. > :18:22.I do not lobbied the US government. I do not work on matters, specific

:18:22. > :18:26.matters that I worked on in the government. I do use my expertise

:18:27. > :18:34.in the law and security to work with companies in that field, as

:18:34. > :18:39.most people do. Frankly, it makes sense. To have people without

:18:39. > :18:45.expertise would be for it. It is about public service and a profit.

:18:45. > :18:51.I am not insinuating anything but an asking, is it not slightly

:18:51. > :18:57.unseemly to go quickly, within days from being a very senior member of

:18:57. > :19:02.the government to working in the private sector on those issues?

:19:02. > :19:12.took some time off and went about the process of opening a therm and

:19:12. > :19:15.

:19:15. > :19:20.did that about four, five months after I left. -- a firm. President

:19:20. > :19:29.Obama made sure that every executive would sign a document

:19:29. > :19:35.saying they would not work in a specific area related to regulation

:19:35. > :19:43.and contract. That is the principle I am here to. But you are working

:19:43. > :19:47.on issues pertaining to what you did before. I do not welcome

:19:47. > :19:53.particular matters with relation to specific parties that I worked for

:19:53. > :19:57.in the government. Let me take you on to Libya. You wrote in the

:19:57. > :20:07.Washington Post earlier this year that you seem to very doubtful as

:20:07. > :20:12.to the wisdom of getting involved in Libya. Is that an opinion he is

:20:12. > :20:18.-- in you is still hold? That is not entirely correct. I said that

:20:18. > :20:25.we need to think hard about the plan that the rebels wanted.

:20:25. > :20:34.Looking back at Iraq, winning the war and toppling Saddam Hussein was

:20:34. > :20:39.the easy part. We all want to get rid of Gaddafi but do not know how

:20:39. > :20:44.it happens after that. We will put in a plan to move on to a better

:20:44. > :20:53.outcome for the people. You would now concede that the post-war

:20:53. > :21:01.planning in Iraq was a disaster? believe it was very flawed.

:21:01. > :21:07.were part of a government... I came in 2005. They must have been

:21:07. > :21:14.discussions. I do not know if assigning blame... You must have

:21:14. > :21:19.views on where it went wrong. an over-estimation of the intrinsic

:21:19. > :21:25.capability of some of the people in Iraq who were in contact with the

:21:25. > :21:35.United States to be able to take control and run the government as

:21:35. > :21:39.an effective democratic state. There was an underestimate in

:21:39. > :21:44.requirements of society. Making sure you have institutions capable

:21:44. > :21:52.of promoting democracy. It turns out that that is a lot harder than

:21:52. > :22:00.the people went into the war anticipate. What should the US be

:22:00. > :22:05.doing to try to buttress a fledgling democracy? There has been

:22:05. > :22:09.a lot of thought about how to resist the new government. I do not

:22:09. > :22:14.think we should force ourselves on them but we should have a plan for

:22:14. > :22:18.what we might be able to offer them in terms of making the transition

:22:18. > :22:27.from a dysfunctional state into what we hope will be a free and

:22:27. > :22:36.democratic state. What if you sense that people who you think I am not

:22:36. > :22:44.for American power bec power bec powerful. What is clear is that the

:22:44. > :22:49.outcome is not certain. The war on terror is yet to finish, we have no

:22:49. > :22:57.idea where it will end and yet here is a major oil-producing state

:22:57. > :23:06.which, I suppose, could fall into the hands of Islamists. We simply

:23:06. > :23:10.do not know. Equally, you began this interview by talking about how

:23:10. > :23:15.serious the prosecution of the war on terror continues to be and how

:23:15. > :23:20.you need to wage the war on all fronts. While asserting the need

:23:20. > :23:26.for the beer to be a d to be a dnd to toand offer help to seek

:23:26. > :23:34.that help, at the same time you are saying that the war on terror means

:23:34. > :23:44.we need to tanned down the flames were of a date erupt -- wherever

:23:44. > :23:50.

:23:50. > :23:54.they your -- erupt, tamp the flames. We have to see what the new

:23:54. > :24:01.government will be like. What happens to the weapons? The other

:24:02. > :24:11.kinds of weapons which have been role... We have to see what the

:24:12. > :24:18.

:24:18. > :24:28.outcome is. You have to -- you could have Turkey in or Afghanistan.

:24:28. > :24:35.

:24:35. > :24:38.Michael Chertoff, thank you for The week has got off to a pretty

:24:38. > :24:46.torrid start in many parts of the British Isles. Wednesday, for many

:24:46. > :24:49.of us, will start to calm down. Plenty of dry weather around. The

:24:49. > :24:53.wind has not gone away but is wind has not gone away but is

:24:53. > :25:02.becoming confined to the north- eastern corner of Scotland. At the

:25:02. > :25:06.opposite end of the country, it starts off fine and dry. There will

:25:06. > :25:16.be a change for Northern Ireland and it will be welcome because it

:25:16. > :25:20.

:25:20. > :25:23.starts off miserably. So too the south-west of Scotland. An area of

:25:23. > :25:25.cloud, wind and rain across Scotland. The eastern side of the

:25:25. > :25:29.Pennines is faring pretty nicely. Further west, pretty cloudy. Across

:25:29. > :25:35.much of the south-eastern quarter, along the south coast, a lot of

:25:36. > :25:39.sunshine around. It will eventually do something for the temperatures.

:25:39. > :25:49.A little bit of cloud in the south- west may generate one or two

:25:49. > :25:50.

:25:50. > :25:53.showers. The changes - the wind will freshen up, 50-60mph. The

:25:53. > :25:59.temperatures in the south of Scotland, north of England, north

:25:59. > :26:07.of Northern Ireland will respond to the sunshine. The southern counties

:26:07. > :26:17.are in for a pretty decent day. The across the north-east of Scotland,

:26:17. > :26:18.

:26:18. > :26:24.as an area of high pressure drifts in inwest. On Thursday, the

:26:24. > :26:34.wind will calm down and it might even generate mist and fog. There

:26:34. > :26:37.

:26:37. > :26:40.will be fine weather around and the temperatures responding. Fine

:26:40. > :26:45.weather. 17, 18 degrees quite widely through southern Scotland

:26:45. > :26:49.and Northern Ireland. There is the high pressurgh pressuror Thursday.

:26:49. > :26:54.It is drifting off to the near Continent just as we're getting to