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senate intelligence committee
Feinstein v. the CIA: A Moment of Truth
Mar 13, 2014
It was a truly historic moment Tuesday when Senate Intelligence Committee Chair Dianne Feinstein took to the Senate floor to warn that the CIA's continuing cover-up of its torture program is threatening our constitutional division of power. By blatantly concealing what Feinstein condemned as "the horrible details of a CIA program that never, never, never should have existed," the spy agency now acts as a power unto itself, and the agency's outrages have finally aroused the senator's umbrage.
As Sen. Patrick J. Leahy, chair of the Judiciary Committee that will be investigating Feinstein's charges noted, "in 40 years here, it was one of the best speeches I'd ever heard and one of the most important." That was particularly so, given that Feinstein's searing indictment of the CIA's decade-long subversion of congressional oversight of its torture program comes from a senator who previously has worked overtime to justify the subversion of democratic governance by the CIA and other spy agencies.
But clearly the lady has by now had enough, given the CIA's recent hacking of her Senate committee's computers in an effort to suppress a key piece of evidence supporting the veracity of the committee's completed but still not released 6,300-page study that the CIA is bent on suppressing.
The Senate's investigation began in earnest with the Dec. 7, 2007, revelation in The New York Times that the CIA had destroyed videotapes of its "enhanced interrogation techniques," despite objections from then-President Bush's director of national security and the White House counsel. At that time, then-committee chair Jay Rockefeller, D-W.Va., sent staffers to begin the painstaking process of reviewing the limited material that the CIA was willing to make available; their preliminary report wasn't issued until early 2009.
By then, Feinstein had assumed the chairmanship and, as she recalled in her Tuesday speech, "The resulting staff report was chilling. The interrogations and the conditions of confinement at the CIA detention sites were far different and far more harsh than the way the CIA had described them to us."
Feinstein on the Intel Committee's CIA ReportSenator Dianne Feinstein spoke on the Senate floor on March 11, 2014, about the Senate Intelligence Committee's study of the ...
Feinstein, ostensibly backed by new President Barack Obama, who had campaigned as an opponent of the CIA's methods, obtained the committee's bipartisan backing for an expanded investigation. But the CIA, led at the time by Obama appointee Leon Panetta, the former Democratic congressman, put numerous logistical obstacles in the way of the Senate investigation.
As Feinstein pointed out, "the CIA hired a team of outside contractors--who otherwise would not have had access to these sensitive documents--to read, multiple times, each of the 6.2 million pages of documents produced, before providing them to fully-cleared committee staff conducting the committee's oversight work. This proved to be a slow and very expensive process."
It was so slow that the committee's investigation has only now been completed. Along the way, documents that Senate staffers found interesting would then mysteriously disappear from the system. One such set of disappeared documents, referred to as the "Internal Panetta Review," is now at the center of the CIA hacking scandal.
The Panetta Review became relevant in June, when the CIA offered its critique of the Senate study. But as Feinstein points out, "Some of those important parts that the CIA now disputes in our committee study are clearly acknowledged in the CIA's own Internal Panetta Review. To say the least, this is puzzling. How can the CIA's official response to our study stand factually in conflict with its own Internal Review?"
Relations between the Senate committee responsible for oversight of the CIA and the agency were so poor that, as Feinstein states, "after noting the disparity between the official CIA response to the committee study and the Internal Panetta Review, the committee staff securely transported a printed portion of the draft Internal Panetta Review from the committee's secure room at the CIA-leased facility to the secure committee spaces in the Hart Senate Office Building."
Feinstein defended the committee staff's spiriting information away from the CIA:
"As I have detailed, the CIA has previously withheld and destroyed information about its Detention and Interrogation Program. ... There was a need to preserve and protect the Internal Panetta Review in the committee's own secure spaces."
The response of the CIA was to hack the computers that Senate staffers had been using at the CIA off-site location, and the agency's acting general counsel filed a crimes report with the Department of Justice against the Senate committee's staff.
That was too much for Feinstein, who outed the CIA's counsel:
"I should note that for most, if not all, of the CIA's Detention and Interrogation Program, the now acting general counsel was a lawyer in the CIA's Counterterrorism Center--the unit within which the CIA managed and carried out this program. From mid-2004 until the official termination of the Detention and Interrogation Program in January 2009, he was the unit's chief lawyer. He is mentioned by name more than 1,600 times in our study. And now this individual is sending a crimes report to the Department of Justice on the actions of congressional staff--the same congressional staff who researched and drafted a report that details how CIA officers--including the acting general counsel himself--provided inaccurate information to the Justice Department about the program."
Enough said, except that White House spokesman Jay Carney put the president on the side of those like current CIA Director John Brennan covering up torture: "The president has great confidence in John Brennan and confidence in our intelligence community and in our professionals at the CIA." It's something that George W. Bush would have said.
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Secret CIA Torture Report Outed by Senator
Senate Intelligence Committe and CIA squabble over information sharing, public is left in dark about Bush era torture regime
Dec 18, 2013
The CIA must release a previously unknown and classified internal study that is said to detail torture and secret detentions conducted by the agency, Senator Mark Udall urged Tuesday at a confirmation hearing for Caroline Krass, a nominee for the CIA's general counsel.
Leading the charge among members on the committee calling for more transparency and better cooperation from the clandestine agency, Udall said he would not support Krass' nomination until the internal report--which has so far been kept even from members of the Senate Intelligence Committee--is released.
According to a statement put out by Udall's office, the senator's understanding is that the CIA's internal report, initiated by former CIA Director Leon Panetta, reached similar conclusions to those in the committee's 6,300-page study, which was approved and sent to the CIA in December 2012.
In order to put pressure on the CIA, Udall used Thursday's hearings to push the issue. As Reuters reports:
Udall asked Krass to ensure that the CIA provided the committee a copy of the internal review [...] of the agency's detention and interrogation program.
"It appears that this review ... is consistent with the Intelligence Committee's report, but, amazingly, it conflicts with the official CIA response to the committee's report," Udall said.
"If this is true, it raises fundamental questions about why a review the CIA conducted internally years ago and never provided to the committee is so different from the CIA's formal written response to the committee's study," he added.
The report's existence was not public knowledge until Udall questioned Krass during the hearing.
Udall said that the committee have "requested a copy of the internal review, but the CIA has yet to provide it."
The Senate's own investigation, which has also been classified, is said to document the brutality of the CIA torture's program, but calls to make that report public have so far been resisted by the both the CIA and the White House.
Udall says he has pressed for a public statement from the White House "committing to the fullest possible declassification" of the committee's own study, in addition to the CIA's response.
As The Guardian's Spencer Ackerman reports, "It is unclear if the committee will reject Krass's nomination. But the two-hour exchange highlighted the difficulties the intelligence committees can face in getting basic factual information from the intelligence agencies they are tasked with overseeing."
Reports Ackerman:
Asked directly and repeatedly if the Senate panel was entitled to the memos, which several senators claimed were crucial for performing their oversight functions, Krass replied: "I do not think so, as a general matter."
Dianne Feinstein, the California Democrat who chairs the committee, suggested that Krass placed her nomination as CIA general counsel in jeopardy. "You are going to encounter some heat in that regard," Feinstein said.
The Senate intelligence committee, whose public hearings are increasingly rare, is usually a bastion of support for the CIA and its sister intelligence agencies. The exception is the committee's prolonged fight with the CIA over a 6,300-page report on the agency's torture of terrorism detainees in its custody since 9/11.
The committee has prepared its report for years; the former chairman, Jay Rockefeller of West Virginia, said the classified version contains 50,000 footnotes. For a year, the panel has sought to release a public version that multiple members of the panel say documents both the brutality of CIA torture and what they have called "lies" told by the CIA to the oversight committees in Congress and the rest of the executive branch concerning its torture practices.
CIA director John Brennan, who was a senior CIA official during the years scrutinised by the committee, is resisting release of the report. The CIA has told reporters that the report contains numerous factual errors, which Senator Mark Udall, a Colorado Democrat on the panel, said on Tuesday was a "misleading" and self-serving description of differences of "interpretation" between the agency and the committee. "I'm more confident than ever in the factual accuracy" of the torture report, Udall said.
Watch a portion of Udall's exchange below:
Udall Presses CIA Nominee on Brutal Detention, Interrogation ProgramMark Udall, who serves on the U.S. Senate Select Committee on Intelligence, pressed for a full and transparent accounting of the ...
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Sen. Ron Wyden: NSA 'Repeatedly Deceived the American People'
Sep 27, 2013
The Senate Intelligence Committee yesterday held a hearing, ostensibly to investigate various issues raised about the NSA's activities. What the hearing primarily achieved instead was to underscore what a farce the notion of Congressional oversight over the NSA is.
In particular, the current chair of the Senate Committee created in the mid-1970s to oversee the intelligence community just so happens to be one of the nation's most steadfast and blind loyalists of and apologists for the National Security State: Dianne Feinstein. For years she has abused her position to shield and defend the NSA and related agencies rather than provide any meaningful oversight over it, which is a primary reason why it has grown into such an out-of-control and totally unaccountable behemoth.
Underscoring the purpose of yesterday's hearing (and the purpose of Feinstein's Committee more broadly): the witnesses the Committee first heard from were all Obama officials - Director of National Intelligence James Clapper, NSA chief Gen. Keith Alexander, Deputy Attorney James Cole - who vehemently defended every aspect of the NSA. At the conclusion of their testimony, Feinstein announced that it was very, very important to hear from the two non-governmental witnesses the Committee had invited: virulent NSA defender Ben Wittes of the Brooking Institution and virulent NSA defender Timothy Edgar, a former Obama national security official. Hearing only from dedicated NSA apologists as witnesses: that's "oversight" for Dianne Feinstein and her oversight Committee.
Democratic Sen. Mark Warner stated the obvious to Gen. Alexander: "a lot of Americans have lost trust in what you're doing." But of course they all spent the entire afternoon blaming Snowden and "the media" for this development rather than taking any responsibility themselves. The very idea that meaningful reform of the NSA will come out of this annexed, captured, corrupted Committee is ludicrous on its face.
But there are two members of that Committee who actually do take seriously its oversight mandate: Democrats Ron Wyden and Mark Udall. Those two spent years publicly winking and hinting that the NSA under President Obama was engaged in all sorts of radical and abusive domestic surveillance (although - despite the absolute immunity protection they enjoy as Senators under the Constitution - they took no action, and instead waited for Edward Snowden (who had no such immunity) to bravely step up and reveal to the American people specifically what these two Senators kept hinting at).
Wyden spoke yesterday for 6 minutes - part of of it as monologue and part of it questioning Gen. Alexander - and it's really worth watching the video, embedded below. The Oregon Democrat condemned what he called "the intrusive, constitutionally flawed surveillance system" the NSA built. About Snowden's whistleblowing, he said that NSA officials should have known from "a quick read of history, in America, the truth always managed to come out." And his primary point was this: "the leadership of NSA built an intelligence collection system that repeatedly deceived the American people."
Indeed, if I had to pick the single most revealing aspect of this entire NSA scandal - and there are many revealing ones about many different realms - it would be that James Clapper lied to the faces of the Senate Intelligence Committee about core NSA matters, and not only was he not prosecuted for that felony, but he did not even lose his job, and continues to be treated with great reverence by the very Committee which he deliberately deceived. That one fact tells you all you need to know about how official Washington functions.
Wyden Statement at Finance Committee Hearing on IRS Budget and Filing SeasonApril 19, 2023 - Senator Ron Wyden (D-Ore.)
Related issues
This is an insightful, and quite hilarious, Op-ed in the New York Times this morning by the Brazilian journalist Vanessa Barbara about how Brazilians are using humor to mock and subvert the NSA's surveillance schemes.
Finally, in case there are any people left who thought that exploiting Terrorism and fear-mongering over it for power was a unique by-product of the Bush era (and really: could there really be any people left who believe that at this point?), Gen. Alexander this week "warned that if Congress hampers the NSA's ability to gather information, it could allow for terrorist attacks in the United States similar to last week's massacre in a mall in Nairobi, Kenya", while Feinstein's deputy Chair, GOP Sen. Saxby Chambliss (who revealingly sounds like every Democratic NSA defender I ever hear) said that the recent NSA disclosures "caused huge damage to the US" and "would ultimately claim lives."
UPDATE
Anyone who has any interest in understanding how the US media works: please read this article about what Seymour Hersh said in a speech yesterday regarding government-subservient, "chicken shit" US journalists. editors and media outlets. It is hard to put into words just how comprehensively accurate his remarks are.
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