What the CIA hid from Congress

By GottaLaff

Jane Harman (D-Venice) chairs the House Homeland Security subcommittee on intelligence and terrorism risk assessment, and part of the "Gang of Eight" who are " required by law to be briefed on the CIA's "covert" action programs." She'd like to clarify a few things:

[C]omments by Michael Hayden, former director of the National Security Agency and the CIA, that the Gang of Eight was "fully" briefed on the TSP prompt me to disclose, for the first time, what they were like.

In virtually every meeting, Hayden would present PowerPoint "slides," walking us through the operational details of the TSP [Terrorist Surveillance Program]. The program has since been described, in part, as one that intercepted communications to and from the U.S. in an effort to uncover terrorist networks and prevent or disrupt attacks. We were told that the program was the centerpiece of our counter-terrorism efforts, legal and yielding impressive results.

Often present were CIA officials (including then-Director George Tenet) and then-White House counsel Alberto R. Gonzales. Missing was any Justice Department presence -- a tipoff, in retrospect, to the legal limbo under which the program operated. [...]

It is now clear to me that we learned only what the briefers wanted to tell us -- even though they were required by law to keep us "fully and currently informed." Absent the ability to do any independent research, it did not occur to me then that the program was operated wholly outside of the framework Congress created as the exclusive means to conduct such surveillance: the Foreign Intelligence Surveillance Act.

Nor did I know that the Justice Department was cut out of the process, and that one lawyer, John Yoo, had drafted the internal memo justifying the TSP under the president's Article 2 authorities. A new head of the Office of Legal Counsel repudiated that memo, citing the "shoddiness" of the legal reasoning. [...]

While our country had experienced the worst terrorist attack in our history, the Orwellian solution conjured up by a small group in the Bush administration was to shred our laws and Constitution in order to save us -- a false and unnecessary choice. [...]

The House and Senate intelligence authorization bills would require increased notification, including, in the House bill, information on lawfulness, cost, benefit and risk. The White House has issued a veto threat, citing constitutional concerns. Surely both sides -- and policy -- would profit more from a robust partnership.

Remember, John Yoo was one of the exclusive fraternity that created law, as in "Torture Memos" (all my related posts on torture, detainee mistreatment, military commissions, etc. here).

This sleazy little club would concoct flimsy, tortured legal memos that were binding, and they would do so under the radar, excluding anybody whose input should have been seriously considered, even required. If anybody dared challenge them, they would be loudly and abruptly cut short and/or paid lip service and ignored.

Jane Mayer goes into great detail about this in her book The Dark Side.

I have two words for BushCo: Screw Yoo.

Russ Feingold Challenges Dennis Blair on Cheney/CIA investigation

By GottaLaff

Via DKos:

After the House Intelligence Committee announced that they would investigate:

... whether the CIA broke the law by not informing Congress promptly about a secret program to deploy teams of killers to target al-Qaida leaders.

...then this Uh-Oh Moment happened: Obama Official Says Secret CIA Program Was Legal, Breaks With Dems

That official was Dennis Blair. Then I updated...

Rebuke time, and you can count on more coming:

Rep Jan Schakowsky, a key House intel committee member and a leading critic of the program, sent me a statement rapping Blair, Obama’s director of national intelligence.

“The issue of lying, misleading, or withholding information from the Congress is a very serious issue and deserves the full attention of the House Intelligence Committee,” she said.

Looks like I wasn't too far off:

And today, Sargent reports that Senator Russ Feingold (D-WI) also took note and has challenged Blair to put up or shut up, writing:

According to a story on Thursday in the Washington Post, you stated that the failure to notify the congressional intelligence committees about a program recently cancelled by CIA Director Leon Panetta did not violate the law. I disagree and believe that the program in question fit squarely within the notification requirements of the National Security Act. I therefore request that you provide me with your analysis, and any analysis by the DNI General Counsel, supporting your conclusion.

As sternly worded letters^tm go, this one cuts right to the chase, and as Sargent points out, it:

... creates an awkward choice for the White House. It can either walk back Blair’s comments, or openly defend the program as legal, putting the White House at odds with House Dems who are probing the program for possible lawbreaking.

To be continued...

Breaking: House Dems Will Investigate Secret CIA Program

By GottaLaff

Backbones? Dems? Really? Thank you!

This release just out from House Intel committee chair Silvestre Reyes, which says that House Dems have decided to probe the secret CIA program that had been concealed from Congress and was revealed the other day by CIA director Leon Panetta, is a big deal:

“After careful consideration and consultation with the Ranking Minority Member and other members of the Committee, I am announcing an official Committee investigation into possible violations of federal law, including the National Security Act of 1974.

“This investigation will focus on the core issues of how the congressional intelligence committees and Congress are kept fully and currently informed. To this end, the investigation will examine several issues, including the program discussed during [CIA] Director [Leon] Panetta’s June 24th notification and whether there was any official decision or direction to withold information from the Committee.”

This is interesting for a couple of reasons. First, it suggests House Dems are bucking the Obama administration. [...]

Second, it means House Dems are ignoring the insistence by some Republicans and conservatives that continuing to raise questions about the CIA’s conduct is bad politically for Democrats.

One investigation could lead to another. The facts will drive the probes. And speaking of probes, let's hope this investigation eventually bumps heads with one of detainee treatment/military commissions.

All my previous posts on this subject matter can be found here; That link includes audio and video interviews with Lt. Col. Wingard, one by David Shuster, one by Ana Marie Cox, and more. My guest commentary at BuzzFlash is here.

If you are inclined to help rectify these injustices: Twitterers, use the hashtag #FreeFayiz. We have organized a team to get these stories out. If you are interested in helping Fayiz out, e-mail me at The Political Carnival, address in sidebar to the right; or tweet me at @GottaLaff.

If you'd like to see other ways you can take action, go here and scroll down to the end of the article.

Then read Jane Mayer's book The Dark Side. You'll have a much greater understanding of why I post endlessly about this, and why I'm all over the CIA deception issues, too.

H/t: Cody

Obama Official Says Secret CIA Program Was Legal, Breaks With Dems

By GottaLaff

UPDATE-- Rebuke time, and you can count on more coming:

Rep Jan Schakowsky, a key House intel committee member and a leading critic of the program, sent me a statement rapping Blair, Obama’s director of national intelligence.

“The issue of lying, misleading, or withholding information from the Congress is a very serious issue and deserves the full attention of the House Intelligence Committee,” she said. “While I share Mr. Blair’s desire for Congress and the intelligence community to be partners in the important mission of protecting the United States from enemies, it is premature to pass judgment on whether or not laws were broken until an investigation is complete.”

Thank you, Rep. Schakowsky.

Original post:

First, some background. From Wikipedia:

He has also promised to end special interrogation regimes and believes the Intelligence Community must conduct analysis on opportunities as well as threats.^{[17][18][19][20]}

From WaPo:

When it comes to today's greatest threat, Blair said the United States must "hunt down those terrorists who are seeking to do us harm." But he also said that the intelligence community must help identify and work with "Arab and Muslim leaders who are striving for a progressive and peaceful future for their religion and their countries." As during the Cold War, such activities must be clandestine so that they do not show the U.S. sponsorship that would undercut the very people and groups America is trying to help.

Now here's the Uh-Oh-O'-The Day:

There’s an important and interesting nugget of news in this morning’s Washington Post article about that secret CIA program that had been concealed from Congress since 2001.

Specifically: The Obama administration is now defending the Bush-era program as legal, putting Obama at odds with Congressional Dems who question its legality and want a probe. [...]

[C]heck out what Obama’s director of national intelligence, Dennis Blair, told the Post…

Blair broke with some Democrats in Congress by asserting that the CIA did not violate the law when it failed to inform lawmakers about the secret program until last month. Blair said agency officials may not have been required to notify Congress about the program, though he believes they should have done so.

“It was a judgment call,” Blair said in an interview. “We believe in erring on the side of working with the Hill as a partner.”

For Blair to defend the CIA’s legal right to keep Congress in the dark is important because Dems such as Rep Jan Schakowsky and Senator Russ Feingold charge that the CIA program did break the law, with House Dems mulling a probe.

But the Obama administration now seems to be sending a message to Dems, defending the Bush-era program: Cool it; the program was not illegal; we’re voluntarily resetting the agency’s relations with Congress. This won’t sit well with some Dems on the Hill.

Uh-oh.

Ed Schultz on Cheney investigation: "Go for the jugular"

By GottaLaff

On MSNBC just now, Ed Schultz was discussing the CIA/Cheney investigation. He is pushing hard for it, saying:

"Go for the jugular."

He went on to say that "the Lefties want this done, and there will be political fallout if it isn't." He sees this as a defining moment.

And he concluded with (some paraphrasing):

"We can't ignore the past. The American people want this to go forward. The Democrats will pay a political price if they don't investigate."

Then there's that whole justice thing....

VIDEO: Cheney may be called to testify

By GottaLaff

Not that we could believe anything he said, but still....

Sources: House Lays Groundwork for Potential CIA Probe

By GottaLaff

Drumbeat getting louder... louder...

The House Intelligence Committee asked the CIA to provide documents about the now-canceled proposal to kill Al Qaeda leaders, and agency officials said it would comply with the request, congressional officials said Tuesday. [...]

The House request for documents is likely a precursor to what would likely become a full-blown investigation into the secret operation and why the program was not disclosed to Congress. Panetta, meanwhile, has ordered a thorough internal review of the program, agency spokesman George Little said.

The House Intelligence Committee will try to establish how much was spent on the effort, whether any training was conducted and whether any officials traveled in association with the program, a committee official said. Those factors would determine whether the program had progressed enough to warrant congressional notification, the official said.

House Intelligence Committee Chairman Silvestre Reyes, D-Texas, is expected to decide as early as this week whether to press ahead with a full investigation into the CIA operation. [...]

Sen. Russ Feingold, D-Wis., said Monday that the CIA's failure to brief Congress violated the law.

Rep. Peter Hoekstra, R-Mich., the senior GOP member of the committee, said he would support an investigation. But from what he knows now, Hoekstra said, he does not believe the effort merited congressional notification.

VIDEO: Liz Cheney Won't Say Whether or Not Her Father Broke the Law

By GottaLaff

Via Firedoglake:

Liz:

Mika:

VIDEO: GOP shrugs off Cheney’s Concealment Of CIA Program

By GottaLaff

In support of DickFail:

On the Sunday shows this morning, several Republican lawmakers attempted to defend or divert attention away from the revelation about Cheney. “I don’t think we should be jumping to any conclusions,” said Senate Minority Whip Jon Kyl (R-AZ) on ABC’s This Week. Kyl claimed that Cheney’s alleged actions were “not out of the ordinary” [...]

On Face The Nation today, Sen. Jeff Sessions (R-AL) defended Cheney, saying that "some of the Intelligence Committee people are pushing back on those stories. "I don't know what the facts are. But I believe that Vice President Cheney served his country with as much fidelity as he could possibly give to it. And he tried to serve us in an effective way. And I hope that nothing like this would impact on his outstanding record," said Sessions.

The Nation of Dick lied again? Yaaaawwwn. Torture? ::Shrug:: Secret spy program? Z-z-z-z-z-z.

Dianne Feinstein suggests CIA concealment broke law

By GottaLaff

I've been digging for the video on Dianne Feinstein's appearance on today's Fox News Sunday, but can't seem to find it. If someone does, please link me. Meantime:

Regarding the 8-year-old counterterrorism program, the Bush administration's failure to notify Congress "is a big problem, because the law is very clear," said Senate Intelligence Committee chairwoman Dianne Feinstein, D-Calif.

Congress should investigate the secrecy because "it could be illegal," Democratic Sen. Dick Durbin, D-Ill., said.

According to Feinstein, CIA director Leon Panetta told Congress late last month that "he had just learned about the program, described it to us, indicated that he had canceled it and ... did tell us that he was told that the vice president had ordered that the program not be briefed to the Congress."

"We were kept in the dark. That's something that should never, ever happen again," said Feinstein.

Feinstein said that she understands the need for strong countermeasures following the Sept. 11 terrorist attacks.

However, "I think you weaken your case when you go outside of the law," she added.

The Rushpublics are spinning this as an attack on the CIA. Of course they are. Because, see, that's the only reason anyone is discussing subjects like Dick Cheney's orders to conceal information, and the CIA's alleged lies. It has nothing to do with breaking the law, it's all about unfair attacks on our Central Intelligence Agency.

And since we're on the subject, if you want to know how BushCo ignored anybody who disagreed with them on the use of torture "enhanced interrogation techniques", and the CIA's involvement, check out Jane Mayer's book The Dark Side. Then see how all that affected the lives of innocent prisoners like Fayiz al-Kandari.

After you do that, let me know if this is all about the poor, beleaguered CIA and how unAmerican the Democrats are for trying to actually do something about unprecedented government powers and what's left of our legal system.