Legality
Project Jefferson was operated by the Defense Intelligence Agency and reviewed by lawyers at the Pentagon. Those lawyers determined that Project Jefferson was in line with the BWC. Despite assertions from the Clinton and Bush administrations that the project, and its sisters, were legal, several international legal scholars disagreed.
Notable was the fact that the clandestine program was omitted from BWC confidence-building measure (CBM) declarations. These measures were introduced to the BWC in 1986 and 1991 to strengthen the treaty, the U.S. had long been a proponent of their value and some asserted that these tests damaged American credibility. U.S. desire to keep such programs secret was, according to Bush administration officials, a "significant reason" that Bush rejected a draft agreement signed by 143 nations to strengthen the BWC.
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