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Is Pelosi Planning on Picking Bush’s Pocket?

Remember Bush’s surly claimed pocket veto on military pay raises, just in time for New Years? We pretty much dismissed its claim to legality when it happened (See especially PhoenixWoman’s link, which has gotten far too little attention for its apparent precedent on precisely the issues in question). But now I’m increasingly intrigued by the political possibilities, particularly with the news that Speaker Pelosi is calling bullshit on Bush’s claim to have used a pocket veto specifically to reject the bill.

The White House on Monday said it was pocket-vetoing the measure, but a spokesman for House Speaker Nancy Pelosi (D-Calif.) said the president cannot use such a measure when Congress is in session. The distinction over whether the president can pocket-veto the bill is important because such a move would prevent Congress from voting on an override.

Congress vigorously rejects any claim that the president has the authority to pocket-veto this legislation, and will treat any bill returned to the Congress as open to an override vote,” said Nadeam Elshami, a spokesman for Pelosi. He said the Speaker is keeping all legislative options on the table. [my emphasis]

As soon as Bush announced he planned to veto the bill, I grew enticed by what some of those "legislative options" might be–and Nancy’s cry of "bullshit" makes me even more enticed.

As I see it, if Congress insists that Bush could not have pocket vetoed the bill, then the first thing it should do is aim for an override. As the Hill points out, Democrats are likely to lose the huge majorities who supported the bill last month. But if they can credibly show that they might be able to override Bush’s veto, things would get interesting.

See, I believe that Bush has now placed Democrats in the position he has tried to place himself in with his threat to veto all the appropriations bills. That is, if Bush vetos the appropriations bills, then that’ll put the Democrats in a position where they need to negotiate quickly, or risk shutting down the government (Kagro X laid this all out in a couple of posts last September, but I can’t seem to find them right away).

The position Democrats are in now is similar: They can do a whip count, and if they’ve proven they have the votes, then can threaten to simply override the veto and negotiate from there.

Or, more tantalizingly, they can re-open the whole Defense Appropriations bill. All of it. Read more

Seeing a Catfight Where There Is None

Spencer Ackerman has a more complete version of Nancy Pelosi’s statement about when she was briefed on torture techniques.

On one occasion, in the fall of 2002, I was briefed on interrogation techniques the Administration was considering using in the future. The Administration advised that legal counsel for the both the CIA and the Department of Justice had concluded that the techniques were legal.

I had no further briefings on the techniques. Several months later, my successor as Ranking Member of the House Intelligence Committee, Jane Harman, was briefed more extensively and advised the techniques had in fact been employed. It was my understanding at that time that Congresswoman Harman filed a letter in early 2003 to the CIA to protest the use of such techniques, a protest with which I concurred.

And then he makes what I consider a gross misreading of the statement.

One: Pelosi isn’t saying that she knew how detainees were interrogated. She’s saying she was told that all techniques used in those interrogations were considered legal. So did she know what those techniques were, and what they entailed? We’ll find out, or get stonewalled trying.

Two: Never mind the brief mention of Jane Harman’s protest. Pelosi just threw Harman under the bus. It’s no secret that the two Californians don’t get along. But she didn’t need to put the blame on her committee successor in her statement on this controversy.

Let’s take the key clauses from Nancy’s statement. I’ve bolded them up there in the statement so it’s crystal clear that they’re direct quotes, written in plain language.

  1. I [Nancy Pelosi] was briefed on interrogation techniques
  2. Jane Harman, was briefed more extensively and advised the techniques had in fact been employed
  3. Harman filed a letter in early 2003 to the CIA to protest the use of such techniques, a protest with which I concurred

Read more

The Revolt of the Spooks

(Or Is it Civil War?)

There has been a lot of hand-wringing in this post, suggesting that the story revealing some Democratic members of the Gang of Four was a hit piece by Republicans (or, specifically, Porter Goss). That strikes me as an overly Manichean view of things, in which an article that makes Democrats look bad could only be a Republican hit piece. There’s another party in this equation–the Intelligence Community. The events of the last ten days make more sense, it seems to me, if you consider all of those events as a revolt on the part of the Intelligence Community.

Start with the release of the NIE. Pat Lang passes on the explanation that the NIE was declassified after "intelligence career seniors" threatened to leak the NIE to the press, legal consequences be damned.

The "jungle telegraph" in Washington is booming with news of the Iran NIE. I am told that the reason the conclusions of the NIE were released is that it was communicated to the White House that "intelligence career seniors were lined up to go to jail if necessary" if the document’s gist were not given to the public. Translation? Someone in that group would have gone to the media "on the record" to disclose its contents.

Dafna Linzer and Peter Baker provide the polite version–but still point to a senior intelligence officer who describes making the decision in the first person plural.

By last weekend, an intense discussion broke out about whether to keep it secret. "We knew it would leak, so honesty required that we get this out ahead, to prevent it from appearing to be cherry picking," said a top intelligence official. So McConnell reversed himself, and analysts scrambled over the weekend to draft a declassified version.

So somewhere in the ranks of the "career seniors" and the "top intelligence officials" some folks made a decision to confront Dick Cheney’s war-mongering directly. That’s a pretty serious escalation of the long-brewing conflict between Cheney and the Intelligence Community.

Then there’s the blockbuster by Mark Mazzetti (NYT’s intelligence reporter) revealing the destruction of the torture tapes. He sources it to:

current and former government officials

several officials

current and former government officials

former intelligence official who was briefed on the issue

But not Porter Goss (who would otherwise qualify as a "former government official"); Goss declined to comment through a spokesperson. And also not Michael Hayden, who wrote a letter to pre-empt Mazzetti’s story that provides a laughable party line for CIA officers to parrot. Read more

Nancy Pelosi: Congressional Leaders Do Expect the Spanish Inquisition

Ximinez: NOBODY expects the Spanish Inquisition! Our chief weapon is surprise…surprise and fear…fear and surprise…. Our two weapons are fear and surprise…and ruthless efficiency…. Our *three* weapons are fear, surprise, and ruthless efficiency…and an almost fanatical devotion to the Pope…. Our *four*…no… *Amongst* our weapons…. Amongst our weaponry…are such elements as fear, surprise…. I’ll come in again.

The WaPo is out today confirming something Mary suspected: Nancy Pelosi was briefed on–and raised no objection to–our methods of torture.

In September 2002, four members of Congress met in secret for a first look at a unique CIA program designed to wring vital information from reticent terrorism suspects in U.S. custody. For more than an hour, the bipartisan group, which included current House Speaker Nancy Pelosi (D-Calif.), was given a virtual tour of the CIA’s overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk.

[snip]

Pelosi declined to comment directly on her reaction to the classified briefings. But a congressional source familiar with Pelosi’s position on the matter said the California lawmaker did recall discussions about enhanced interrogation. The source said Pelosi recalls that techniques described by the CIA were still in the planning stage — they had been designed and cleared with agency lawyers but not yet put in practice — and acknowledged that Pelosi did not raise objections at the time.

Meanwhile, it’s time for me to, once again, applaud Jane Harman for doing the right thing. She was apparently the only known Congressperson who raised a formal objection to the practices. Read more