DiFi’s Whitewash

Last week, when I put you all to work (while I was on vacation–sorry) to find out whether your members of Congress supported some kind of investigation into Bush Administration crimes, fatster reported back DiFi’s ambivalence about any such investigation.

According to the Washington staffer who answered my call just now, DIFI has not yet commented on what her position will be. Imagine that.

DiFi’s support or not is critically important since–as the new Chair of the Senate Intelligence Committee–she’ll have significant say about whether or not we investigate what the Intelligence Community did under Bush.

Well, today the largest paper in DiFi’s state reports what appears to be DiFi’s slowly evolving response: an investigation that the American people don’t get to see. Otherwise known as a whitewash.

The Senate Intelligence Committee is preparing to launch an investigation of the CIA’s detention and interrogation programs under President George W. Bush, setting the stage for a sweeping examination of some of most secretive and controversial operations in recent agency history.

The inquiry is aimed at uncovering new information on the origins of the programs as well as scrutinizing how they were executed — including the conditions at clandestine CIA prison sites and the interrogation regimens used to break Al Qaeda suspects, according to Senate aides familiar with the investigation plans.

Officials said the inquiry was not designed to determine whether CIA officials broke laws. "The purpose here is to do fact-finding in order to learn lessons from the programs and see if there are recommendations to be made for detention and interrogations in the future," said a senior Senate aide, who like others described the plan on condition of anonymity because it had not been made public.

[snip]

The senior aide said that the committee had no short-term plans to hold public hearings, and that it was not clear whether the panel would release its final report to the public.

[snip]

Senate aides declined to say whether the committee would seek new testimony from former CIA Director George J. Tenet or other former top officials who were involved in the creation and management of the programs.

The Senate investigation will examine whether the detention and interrogation operations were carried out in ways that were consistent with the authorities and instructions issued in the aftermath of the Sept. 11 attacks, officials said.

The panel will also look at whether lawmakers were kept fully informed. Sen. Dianne Feinstein (D-Calif.), the chairwoman of the committee, and others have said that the Bush administration improperly withheld information from Congress on the CIA’s operations.

[snip]

Aides said the negotiations were aimed at producing an investigation with broad support from both parties. Republicans have argued that the inquiry should focus on CIA programs and not become a referendum on Bush administration policies, such as the Justice Department legal memos that underpinned the program.

Several points on this.

First, kudos to DiFi for getting off the fence and realizing that an investigation is necessary. 

Of course, understand the turf battle going on. Pat Leahy will have an investigation regardless of what DiFi says–and he’s going to start it now. So DiFi issues a vaguely formulated leak saying that she’s going to cover the CIA’s role in torture. And, voila! Now the CIA and DiFi can say try to circumscribe Leahy’s investigation. And of course, by doing an investigation that starts with the premise that it is "not designed to determine whether CIA officials broke laws," even while admitting that CIA officers may have gone beyond the "instructions issued in the aftermath of the Sept. 11 attacks," it ensures no accountability even for those who went beyond Cheney’s torture regime. And, finally, absolutely no current plans to make public the results, either through public hearings or by releaing a report.

Call DiFi at (202) 224-3841. Thank her for recognizing the importance of understanding the mistakes we made in the past. Remind her that even Pat Roberts’ investigation into CIA Iraq intelligence was released publicly. Demand that she meet at least the level of transparency adopted by her Republican predecessors as SSCI Chair. 

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35 replies
  1. JimWhite says:

    The wildcard in all this could be Sheldon Whitehouse, since he is on both the Intelligence and Judiciary Committees. I just put up this Oxdown where I speculate that this investigation by the Intelligence Committee already may have produced some new and very damning evidence of outrageous levels of torture. I base that on the passion in Whitehouse’s speech on Wedesday and the disclosure today that SSI has started to accumulate documents in its investigation. [I hadn’t seen the LATimes article you link, I found an AP article.]

    Whitehouse speaks in terms of this being exposed: “We also have to brace ourselves for the realistic possibility that as some of this conduct is exposed,…” Did the Wednesday speech set up a challenge to DiFi? If she won’t expose the evidence through the SSI, will he expose it through SJC?

    • emptywheel says:

      YEah, I’m sure he’s leveraging his position on both–as is his job (and remember the other dual committee member, in addition to DiFI and Whitehouse, is Feingold, plus Hatch and Coburn on the side of evil).

      That said, this investigation hasn’t started yet. But Whitehouse has probably seen the long-hidden CIA OIG report on torture which describes just this kind of thing. It may be that Leahy was working to get a copy.

  2. bmaz says:

    Here is the ACLU statement on this:

    A Very Welcome Development, But Proceedings Should Be Open To The Public, Says ACLU

    FOR IMMEDIATE RELEASE
    February 27, 2009

    WASHINGTON – Multiple news reports today indicate that the Senate Intelligence Committee will launch an investigation into the Central Intelligence Agency’s (CIA) detention and interrogation programs. The investigation will seek to uncover how the agency was given the authority to establish black site prisons abroad to indefinitely detain individuals, as well as to interrogate them using torture and abuse. The American Civil Liberties Union welcomes the committee’s investigation, and calls for the proceedings and findings to be open to the public.

    The following can be attributed to Caroline Fredrickson, Director of the ACLU Washington Legislative Office:

    “When President Obama issued executive orders to end the CIA’s authority to detain individuals abroad and to end torture through government-wide adherence to the Army Field Manual’s interrogation guidelines, America began the long and grueling process of putting the abusive policies of the Bush administration behind us. But we cannot forget how our nation got to this point. We need to examine the failed policies of the last eight years in order to learn from these mistakes. This is what the Senate Intelligence Committee announced today it seeks to accomplish.

    “This could become an extraordinarily important investigation because, up to this point, the CIA has faced very little scrutiny for its role in torture. It is a very welcome sign that Senator Feinstein is using her new chairmanship to exercise some real oversight.

    “In order for the investigation’s effectiveness to reach its full potential, the proceedings need to be open to the public. Transparency is necessary for our nation to pull itself out of the darkness in which these failed policies were created.”

  3. dakine01 says:

    Damn, but ‘do at least as much as the most recent Republican Chair of the committee did’ is a low bar.

    • emptywheel says:

      Consider who you’re talking to. Set reasonable goals, meet them, and then set new ones.

      Besides, that’s really designed to give her something to say to Kit Bond to force his hand. This is a more bipartisan committee than almost all others, so she arguably does need to get at least Bond’s buy-in. Roberts’ report was public mostly because it was a whitewash to help Cheney. Nevertheless, it’s useful precedent.

  4. bmaz says:

    Is there not also some provision that SSCI can claim national security and prevent anyone but them from dealing with it. The whitewash could be huge if that is what she has in mind.

    • FrankProbst says:

      Is there not also some provision that SSCI can claim national security and prevent anyone but them from dealing with it. The whitewash could be huge if that is what she has in mind.

      Hmmm. I don’t think it’ll go that way. Once all of the dust has settled from the first round of revelations, people are going to start asking, “Who knew about this, and when did they know?” At that point, you don’t want to be someone on the committee who knew and who sat on it. I expect DiFi to do the usual Washington foot-dragging, but I don’t think the rest of the committee will go for a full whitewash.

  5. klynn says:

    The best part:

    Call DiFi at (202) 224-3841. Thank her for recognizing the importance of understanding the mistakes we made in the past. Remind her that even Pat Roberts’ investigation into CIA Iraq intelligence was released publicly. Demand that she meet at least the level of transparency adopted by her Republican predecessors as SSCI Chair.

    (my bold)

    What real import can an investigation serve if the conclusions and facts are not released publically? None. So, I am not even sure I could call this “whitewash”. Although, it could get leaked to the Hague.

  6. Leen says:

    EW” Remind her that even Pat Roberts’ investigation into CIA Iraq intelligence was released publicly.”

    ALSO REMIND HER THAT THERE HAS NOT BEEN ONE PERSON HELD ACCOUNTABLE FOR THAT FALSE PRE-WAR INTELLIGENCE. How many investigations into false pre war intelligence? I believe three. Silberman/Robb, Phase I of the SSCI, Phase II of the SSCI (how long did it take for those last two sections of that report to be finished?)

    Did I miss it? Have the folks responsible for creating, cherry picking and disseminating false pre war intelligence been held accountable? Did we find out just who came up with those Niger Documents?

    Going after those who manipulated laws having to do with torture..important!
    Going after those who undermined the DOJ…important!

    Going after those who created the “pack of lies” that the Iraq invasion was based on? Very Important! Thousands of dead American and Iraqi people would think so if they could still think

    Think Diane might be concerned that a deep enough investigation into no bid contracts etc might expose her own family’s “alleged” war profiteering?

    • Arbusto says:

      DiFink is so intertwined in the lead up to the war and subsequent misdeeds she should recuse herself in the investigation. Of course that’d make it harder for the predetermined outcome to be leaked.

      I had hopes that Whitehouse would lead the campaign for accountability until his recent statement that a Truth Commission is the way to go, not prosecuting wrong doers. Blah. Doesn’t any Senator except Feingold stand for TRUTH, JUSTICE AND THE AMERICAN WAY? Uhmmm, not so much.

      • Leen says:

        Love Feingold a man of the law.

        I had high hope for Whitehouse. Also seems to believe “no one is above the law” yet to see the hard action yet

        Feinstein should be investigated

  7. Leen says:

    Will Feinstein’s families “allegedL war profiteering come under investigation

    Feinstein quits committee
    under war-profiteer cloud
    Report documents military contracts
    for firms owned by senator’s husband
    http://www.worldnetdaily.com/n…..E_ID=54932

    February 24, 2009
    Investigate the Democrats too

    “As a senator under seven presidents, Mr. Leahy said, he has learned that the temptation to abuse powers in a crisis is bipartisan, and the commission’s review should include the role of Democrats in Congress in approving the Bush policies. The work should be done in one year, he added, to avert accusations that it was being dragged out for political gain.”
    “http://www.swimmingfreestyle.net/swimming_freestyle/2009/02/investigate-the-democrats-too-.html

  8. earlofhuntingdon says:

    Why would this “investigation” limit itself to CIA involvement in secret prisons, detentions and torture. It’s like investigating the Pentagon’s budget without looking at intelligence, the VA, Treasury or Homeland Security, or the Black Box programs not appearing on any budget.

    An adequate investigation would look into the wrongful conduct and follow it to whatever agencies left their blurry fingerprints on it.

  9. reader says:

    Goddammit. She’s got several conflicts of interest. That release alone, that there is such a list of things to investigate would be enough to KNOW that there is something wrong. But having crimes detailed in reports that are ignored has set a tone that allows this to be slow walked around Congress and no one raises an eyebrow hair anymore. DiFi is part of the problem.

    Still, Whitehouse gives me real hope. And the more of this that comes out the more that is said, the sooner this will break open.

    At the same time, I believe that Obama is doing his job too ~ even tho’ he’s got critical timeline things to do right now on the economy and Iraq and Afghanistan). Obama told them to stop. They didn’t. Obama asked for a report on GitMo and the Pentagon played their usual games. A record is being created of lies and abuse in the face of orders to cease and desist. Obama will have to attend to this or the military/intelligence people will have staged a de facto coup. I can’t imagine he is not smart enough to understand this as a possible consequence. At that point all the past arguments are moot. I see his statemnt the other night about torture as part of this arc.

    At some point Congress will be left behind on this. The rest of the world will not shut up. It’s going to be very embarrassing. Very, very, very embarrassing. Especially if out military is still ignoring the Constitution. Too bad. There’s a price to pay. That’s the point.

  10. Leen says:

    If Feinstein were a Republican would the so called progressives be calling for a full investigation of her families “alleged” war profiteering

    “http://www.freerepublic.com/focus/f-news/1809771/posts
    Windfalls of War: Perini Corporation (Feinstein getting rich on war)
    Center for Public Integrity ^ | May 2004 | —Bob Williams

    Posted on Saturday, March 31, 2007 10:21:09 AM by DBCJR

    Founded more than a century ago in Massachusetts as a civil infrastructure contractor, Perini is known today for its hospitality and gaming industry projects, and for its corrections, health care, sports, entertainment and educational expertise. It is the largest casino and hotel builder in the United States. It also builds hospitals, prisons and public buildings. In addition, Perini is a major player in civil infrastructure construction, working on everything from bridges and highways to subways and airports.

    Chairman and CEO Ronald Tutor and billionaire investor Richard Blum, who together own investment groups that hold 75 percent of Perini’s voting stock, control the company. Blum is the husband of U.S. Sen. Dianne Feinstein.

    In addition to Perini, Tutor and Blum conduct a great deal of business through another company called Tutor-Saliba. Among that company’s largest projects is the Los Angeles subway system.

    Iraq contracts (see below)

    ————————————————————————–
    http://www.worldnetdaily.com/n…..E_ID=54932
    an online report from the Silicon Valley, Feinstein’s resignation followed six years of subcommittee work during which time her alleged conflict of interest stemmed from her husband Richard C. Blum’s ownership of Perini Corp. and URS Corp.

    Feinstein, chairman and ranking member of the subcommittee, regularly reviewed and accepted contracts from her husband’s companies for not only construction work for military bases, but also addressing “quality of life” issues for the veterans of the United States military services.

    “As MILCON leader, Feinstein relished the details of military construction, even micromanaging one project at the level of its sewer design,” wrote Peter Byrne in the report. “She regularly took junkets to military bases around the world to inspect construction projects, some of which were contracted to her husband’s companies, Perini Corp. and URS Corp.”

    He suggested perhaps Feinstein resigned “because she could not take the heat generated by metro’s expose of her ethics… Or was her work on the subcommittee finished because Blum divested ownership of his military construction and advanced weapons manufacturing firms in late 2005?”

    HOW DID FEINSTEIN GET THAT INTELLIGENCE SEAT? WAS SHE THE MOST QUALIFIED FOR THAT HEAD OF COMMITTEE SEAT?

  11. RonD says:

    I don’t really see a need to discriminate. Investigate the abuses, and target any prosecutions appropriately. The Church Committee revealed plenty of bi-partisan chicanery and criminality, and I expect this one would too. “Investigate the Democrats too”…??? How about we investigate the crimes. People who believe in witch hunts can never accept that other people might not.

    BTW, if Wingnut Daily told me the sky was blue, I would check.

    • bluebutterfly says:

      ” Gregg said that during his consideration for the Cabinet job, the White House did not know about his Pease earmarks, although the administration knew about his investments at Pease.

      Under new Senate ethics rules, Gregg had to certify that federal aid he directed to specific projects was not intended solely to enrich him or immediate family, including siblings. Senators are also supposed to avoid even the appearance of a conflict of interest, though the Senate Ethics Committee seldom investigates or disciplines senators when questions are raised about their activities. “

      http://www.citizensforethics.org/node/37468

    • bluebutterfly says:

      Corruption with lobbyists is sanctioned.
      *******
      ” The House voted Wednesday to kill a resolution calling for an ethics investigation into potential quid pro quo between lobbyist campaign donations and lawmakers.

      Rep. Jeff Flake, R-Ariz., sponsored the proposal that would have forced the House Ethics Committee to launch a probe into ties between the source and timing of campaign contributions by lobbyists and subsequent legislator requests for special projects or earmarks. “

      http://www.citizensforethics.org/node/37448

  12. RonD says:

    The purely bare-knuckles political reason to slow-walk the investigation that is almost certain to ensnare some very powerful Democrats is to ensure the passage of the legislative agenda. I’m not arguing for that, I’m just sayin’..

    • earlofhuntingdon says:

      The result would still be a watered down, slow-walked agenda, whether bad past practices are investigated or not. The ethics twist Obama would quickly get into is if the investigations documented heinous behavior and he water down the findings as leverage to get his agenda past. That would be the Beltway way.

  13. Mary says:

    Here’s an interesting note to factor in with DiFi’s sudden desires to look like she’s doing something.

    In a Feb. 26th piece, Pro Publica has a story up covering, in part, DiFi’s questioning of Johnsen earlier this week:

    http://www.propublica.org/arti…..tay-secret

    Months before being nominated, Johnsen called the Bush OLC’s secrecy a “terrible abuse of power.” [5] She said that secrecy prevented public scrutiny and congressional oversight. Sen. Dianne Feinstein (D-CA) asked yesterday when the nominee, if confirmed, would release approximately 40 secret OLC memos about counterterrorism policies generated between 2000 and 2005. (Here’s our user-friendly chart detailing what’s known about three dozen still-secret memos [6].)

    Feinstein is especially interested in an October 2001 memo [7] that is believed, based on a passing mention in a different memo, to say the 4th Amendment prohibition against unreasonable searches and seizures doesn’t apply to military operations within the United States.


    Johnsen replied that, “in the normal case,” an opinion could be released as soon as the executive branch agency that requested it signed off. “There may be other opinions, though, where there is classified information in the opinion that would need to be redacted, or that prevent the opinion from being released at all at that point in time,” she said. She had previously said that national security concerns would be an important reason to withhold OLC’s work, but she has argued in favor of a presumption of disclosure and redactions rather than total secrecy.

    The answer was “very vague and imprecise,” Feinstein said

    At the hearing, Sen. Sheldon Whitehouse (D-RI) urged Johnsen to conduct her national security review of the OLC memos closely. An entire category of opinions dealing with warrantless wiretapping remains secret.

  14. siri says:

    whatever HAPPENED to DiFi’s censure that was actually gaining speed FAST, I believe after the San Fran oil spill???? I signed petitions to censure her and then, poof, it just went away.
    Can we resurrect that or start another? i’m REALLY VERY OVER her and her pro military state stances on everything!!!
    And her backstabbing obtuse and downright sneaky ways of operating in the Senate. She’s a complete blemish on that entire body! There are others, to be sure, but she is about the worst of the worst imho.

  15. radhika says:

    If it’s suggested by DiFi, it’s a cover-up. Plain and simple. She and war profiteer hubby have many things to keep from light of day.

  16. pmorlan says:

    She is so pathetic. I’m so sick of her arrogance. She wants everyone to stroke her because she chairs a committee. Could it be any more obvious that she doesn’t give two hoots for the country and is only concerned that everyone bow down to her. ugggghhhhh!

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