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U.S. staying silent on its view of Iraq pact until after  vote
Adam Ashton, Jonathan S. Landay and Nancy A. Youssef |  McClatchy Newspapers
November 25, 2008 
 
WASHINGTON — The Bush administration has adopted a much looser interpretation 
 than the Iraqi government of several key provisions of the pending U.S.-Iraq 
 security agreement, U.S. officials said Tuesday — just hours before the 
Iraqi  parliament was to hold its historic vote. 
These include a provision that bans the launch of attacks on other countries  
from Iraq, a requirement to notify the Iraqis in advance of U.S. military  
operations and the question of Iraqi legal jurisdiction over American troops 
and 
 military contractors. 
Officials in Washington said the administration has withheld the official  
English translation of the agreement in an effort to suppress a public dispute  
with the Iraqis until after the Iraqi parliament votes. 
"There are a number of areas in here where they have agreement on the same  
wording but different understandings about what the words mean," said a U.S.  
official who requested anonymity because he was not authorized to speak to the  
media.  
The Iraqi government Tuesday achieved a breakthrough on the pact, which calls 
 for American troops to leave Iraq by 2012, by gaining conditional support 
from  Tawafuq, a bloc of Sunni Muslim parties. Tawafuq's condition was that the 
 
government holds a nationwide referendum on it next year.  
The Sunnis also want the U.S. to refrain from implementing wording that they  
consider vague, though lawmakers declined to say which passages concerned  
them. 
In some areas, three officials told McClatchy, the U.S. and Iraq have agreed  
on the words but have different interpretations of what they mean. All three  
declined to speak on the record because the administration, which had planned 
to  release the official English language text last week, has instead 
designated it  "sensitive but unclassified." 
The White House National Security Council said it had held up the  
translation's release until the Iraqi parliament votes. "We plan to release it  
soon," 
said spokesman Gordon Johndroe. "We are waiting for the Iraqi political  
process to move further down the road." 
A U.S. official, however, said the aim was also to head off any debate in the 
 U.S. media. The administration fears that any discussion "may inadvertently  
throw this thing of the rails," said the official, who couldn't be named 
because  he wasn't authorized to speak to reporters.  
The Iraqi parliament began distributing an Arabic version of the document  
nearly two weeks ago, and Iraqi television has been broadcasting excerpts this  
week. On Tuesday, a pickup truck loaded with boxes of blue books containing 
the  Arabic version parked outside the parliament in Baghdad, where officials 
handed  out copies to journalists.  
McClatchy's Baghdad bureau last week produced _an  unofficial English 
translation of the agreement_ 
(http://www.mcclatchydc.com/homepage/story/56116.html)  
based on the Arabic text.  McClatchy on Tuesday also obtained _an official 
English version._ 
(http://media.mcclatchydc.com/smedia/2008/11/25/17/SOFA-official.source.prod_affiliate.91.pdf)
  
U.S. officials have told McClatchy that the Bush administration was eager to  
complete the deal before it leaves office in January and acquiesced to many  
Iraqi demands. 
Two U.S. officials, however, said that if it becomes clear that the Bush  
administration has different interpretations of some key provisions than Iraqi  
Prime Minister Nouri al Maliki's government does, Iraqi lawmakers might balk at 
 approving the pact or delay a vote while seeking clarification. The current  
United Nations mandate governing the U.S. troop presence in Iraq expires on 
Dec.  31. 
Specialists who follow the Iraq war said they were aware of the differing  
interpretations. Michael O'Hanlon, of the Brookings Institution, a center-left  
research group in Washington, said there are "these areas that are not as 
clear  cut as the Iraqis would like to think." He said the two governments 
"have 
agreed  to punt together on a number of important issues."  
Among the areas of dispute are:  
    *   Iraqi legal jurisdiction over U.S. troops or military contractors who 
kill  Iraqis on operations. The agreement calls for Iraq to prosecute U.S. 
troops  according to court procedures that have yet to be worked out. Those  
negotiations, administration officials have argued, could take three years, by  
which time the U.S. will have withdrawn from Iraq under the terms of the  
agreement. In the interim, U.S. troops will remain under the jurisdiction of  
America's Uniform Code of Military Justice.  
    *   A provision that bars the U.S. from launching military operations 
into  neighboring countries from Iraqi territory. Administration officials 
argue  
they could circumvent that in some cases, such as pursuing groups that launch 
 strikes on U.S. targets from Syria or Iran, by citing another provision that 
 allows each party to retain the right of self-defense. One official 
expressed  concern that "if Iran gets wind that we think there's a loophole 
there,"  
Tehran might renew its opposition to the agreement.  
    *   A provision that appears to require the U.S. to notify Iraqi 
officials in  advance of any planned military operations and to seek Iraqi 
approval 
for  them, which some U.S. military officials find especially troubling, 
although  Robert Gates, the secretary of defense, Army Gen. David Petraeus, the 
head 
of  the U.S. Central Command, and Army Gen. Raymond Odierno, the top U.S.  
commander in Iraq, all have endorsed it.  

"Telling the Iraqis in advance would be an invitation to an ambush," said one 
 U.S. official, who said the Iraqi government and security forces are 
"thoroughly  penetrated by the insurgents, the Iranians, the Sadrists 
(followers of  
anti-American Shiite cleric Moqtada al Sadr) and ordinary folks who just sell  
scraps of intelligence." 
The administration has sought to assuage such concerns by arguing that the  
pact doesn't require the U.S. to give the Iraqis detailed information about  
planned operations, two officials said. For example, they said, the  
administration interprets the agreement to mean that U.S. commanders would  
merely need 
to inform their Iraqi counterparts that they plan to launch  counterterrorism 
operations somewhere in an Iraqi city or province sometime  during the month of 
January. 
Such differing interpretations could present problems. Sunni lawmaker Omar  
Abdul Sattar said Tuesday that Tawafuq, the Sunni alliance, wants a pledge that 
 the Americans will not implement articles in the security agreement that 
Tawafuq  considers vague. 
The Sunnis also are insisting that the agreement be submitted to a national  
referendum next year. Without that assurance, the Sunni lawmakers said they'd  
reject the deal, denying it the appearance of national unity that's 
considered  essential for it to succeed. 
"The government should be committed to the results of the referendum, whether 
 people will accept the (security agreement), or reject it," Sattar said. 
Supporters of the pact likely have enough votes to guarantee its passage  
without the Tawafuq alliance, but Sunni support was considered essential to  
demonstrate a national accordance favoring the treaty. 
The Sunnis said they plan to submit their proposal Wednesday as a resolution  
that would be separate from the vote on the security agreement, which also is 
 due for a vote Wednesday. 
The Sunnis' proposal emerged on a day that Iraqi President Jalal Talabani and 
 two deputy prime ministers made last-minute efforts to cajole lawmakers into 
 supporting the deal. 
They described the agreement as the best option for Iraq to end the American  
occupation while upholding the improvements in security over the past year. 
"This agreement is meant to support the nascent democratic process in Iraq,"  
said Deputy Prime Minister Barham Saleh, a Kurdish politician who advises  
Maliki. "This is for Iraq, not any party or group." 
(Ashton, who reports for the Modesto (Calif.) 


=================================================================
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