Posts

DiFi Will Cave on Intelligence Reform

As I’ve noted before (here and here), confirmation hearings for James Clapper have gotten bogged down in a dispute between the Administration and both houses of Congress over whether Congress should have the tools to exercise real oversight of intelligence functions.

Right now, Nancy Pelosi is holding out for both extended notification to the Intelligence Committees and GAO audit power over intelligence community functions. But, in spite of earlier claims that she would not hold a confirmation hearing for Clapper until the intelligence authorization passed, DiFi now appears to be softening that stance. She told Chris Wallace yesterday that she will move forward with confirmation hearings provided that Obama chat to Pelosi about her intelligence related concerns (starting at 14:07).

Chris Wallace: One of your other hats that you wear is Chairman of the Senate Intelligence Committee–Director of National Intelligence Blair has been fired. The Acting Director Gompert is resigning. Meanwhile, House and Senate Democrats are deadlocked over the intel reform bill and the whole question of Congressional oversight of spy agencies. How quickly are you going to get this resolved and how quickly are you going to confirm so that we have a Director of National intelligence?

Feinstein: Well the process has begun, he has received the questions. On Friday–

Wallace: This is General Clapper?

Feinstein:  Yes, General Clapper. Friday I learned the questions have been answered. They were at the White House. We would expect to receive them this week. We can move. I have requested that the President call the Speaker and try to move our Intelligence bill. the reason the Speaker has a problem with it is because we removed two things which the White House found to be veto-able. One was an extension of notification on certain very sensitive matters to all Members rather than the Gang of Eight. The second was Government Accountability Office, we call it the GAO, oversight which was anathema to the White House. We took that out. The bill passed the Senate, our committee, and the Senate unanimously. We have conferenced it, we’ve pre-conferenced it, with the House Committee. We believe we are in agreement, we’re ready to move. If the Speaker will allow them to go to conference then we can move the bill–

Chris Wallace: But very quickly, will you hold up confirmation hearings for Clapper until you get resolution on the intel report?

Feinstein: Well, I have asked that the President would please talk to the Speaker. If he does that, I will move ahead.

Now, to be fair, Obama’s threatening a recess appointment for Clapper in any case. And–as Wallace pointed out–the resignation of  Acting Director of National Intelligence David Gompert and the planned retirement of his possible replacement has ratcheted up pressure to get a permanent replacement in (I’ll point out once again that there seems to be a double standard between the treatment of ODNI and OLC). So the choice is likely between a recess appointment with no intelligence reform and a confirmation hearing with intelligence reform (Clapper’s approval is not assured).

But Pelosi’s making a stand to fix two of the problems that the Bush Administration exploited–and which the Obama Administration, particularly given their veto threat, may plan to exploit as well. DiFi appears to be saying that the principle of real Congressional oversight is worth nothing more than a conversation with the President.

A Recess Appointment for Militarized Spooks But Not for Rule of Law

Remember how Dawn Johnsen’s nomination to head OLC languished and then died as Obama claimed–falsely–not to have the votes? Obama pointedly didn’t use a recess appointment to put his incredibly qualified candidate in the post.

Not so for James Clapper, whom Obama is preparing to recess appoint to head Director of National Intelligence rather than make concessions on intelligence oversight to Congress. As Marc Ambinder reports, DiFi won’t hold hearings for James Clapper until an intelligence authorization is passed, but Nancy Pelosi wants to use that intelligence authorization to force the Administration to expand notice on covert programs. And since that’s all going to take a lot of time (and Obama doesn’t want to be forced by Congress to expand notification), Obama’s likely to recess Clapper.

So not just is Obama appointing someone who wants to dismantle DNI even while Congress thinks it should be strengthened, but he’s doing so in such a way that deliberately avoids reestablishing the balance of power between the branches of government.

Hey, Obama? All that crazy covert stuff that will expand in DOD under Clapper? All the problems that’s going to cause? You own that.

Briefing Congress and Destroying Torture Tapes

As I mentioned in this post, I’ve been weeding through the documents released under FOIA to Judicial Watch last week. I think they suggest there’s a much closer relationship between the CIA misrepresentations on Congressional Briefings and the destruction of the torture tapes than we’ve known before.

Nancy Pelosi Was Proved Fucking Right

As you might recall, Judicial Watch pursued this FOIA because they thought they were going to catch Nancy Pelosi in a lie.

After the torture memos were released, the torture apologists tried to claim that Congress had been briefed on–and had approved–of torture. But Pelosi pointed out that when CIA briefed her in September 2002, they did not tell her and Goss that CIA had already gotten into the torture business. In spite of the fact that that was completely consistent with Porter Goss’ tales of Congressional briefing, the press took Pelosi’s story as an accusation that the CIA had lied. So the right wing transparency group Judicial Watch FOIAed the records of Congressional briefings, with a focus on proving that Pelosi had lied about having been briefed about the torture that had already happened.

Perhaps in response to this hullabaloo, the CIA’s Inspector General started a review of Congressional–particularly Pelosi–briefings on June 2, 2009. After about six weeks of reviewing their documentation, they came to the following conclusion (starting on PDF 27):

  • Pelosi was briefed on April 2002, before CIA started torturing Abu Zubaydah, and in September 2002, in the briefing under discussion.
  • CIA’s own records regarding the September 4, 2002 briefing are so erroneous they show Jane Harman, not Pelosi, received the briefing.
  • The only CIA record on the content of the September 4, 2002 briefing is the set of cables between Jose Rodriguez, (probably) Jonathan Fredman, and one other CTC person; this is the cable altered after the fact.
  • People from the Directorate of Operations, and James Pavitt personally, repeatedly made claims about the content of the Pelosi briefing over the years, yet none of that sourced any first-hand knowledge or documentation.

That is, as is the case with CIA’s other briefings on torture, they have no fucking clue what they briefed to Pelosi.

Which leaves Pelosi and Goss’ consistent claim that CIA didn’t even tell them they had already waterboarded Abu Zubaydah 83 times by the time they briefed them.

Creating the Illusion of Congressional Oversight

But the bigger news, as I pointed out earlier, is that the CIA appears to have been crafting a record of Congressional Briefing in conjunction with their efforts to destroy the torture tapes.

As my earlier post laid out, Jose Rodriguez briefed Pelosi and Goss on September 4, 2002. That was the the day before–according to an October 25, 2002 cable (see PDF 3)–folks at CIA HQ started talking in earnest about the danger of the torture tapes. The following day, the briefers altered their record of the meeting (see PDF 84 and PDF 11-12), though we don’t know what the change entailed. No official Memorandum for the Record was ever made of the briefing and there is no record of Stan Moskowitz weighing in on the accuracy of CTC’s version of the meeting (though he did receive a BCC of it). In other words, CTC made a record of the briefing at the same time as they were laying a plan to destroy the torture tapes, and CIA deviated from standard policy by not making any other record of the briefing (though not completing MFRs of torture briefings appears to have become a habit).

As a side note, I’m not certain, but I believe Jonathan Fredman is one of the other two people involved–along with Jose Rodriguez–in this. On PDF 7 of this set, the IG investigation into Pelosi’s briefings describe the last set of documents in its possession as one that someone turned over to DNI leadership on March 23, 2009. On that date, Jonathan Fredman worked at DNI, making him a likely person to have been asked for his documentation on briefing Congress. The description notes that “he, Director (D)/CTC [Jose Rodriguez]” and someone else did the briefing. PDF 11 of the same set quotes from that email: “On 4 September, D/CTC, C/CTC/LGL, and [redacted] provided notification…” which I believe means Fredman–C/CTC/LGL–was the second of three people in the briefing. PDF 84 of this set shows the actual email. This notes that the third person at the briefing was a CTC/Reports person. If I’m right and Fredman had to turn over his documentation, the notice of the “BCC” to Stan Moskowitz would mean that he wrote the email (because otherwise the BCC wouldn’t show up). A later description says someone–whom I believe to be Fredman, given the CTC/LGL return address–showed it to Rodriguez who determined it to be “short and sweet.” In other words, Fredman, one guy on the hook for translating (or mistranslating) DOJ’s limits to the torturers in the field, may have been the guy helping Rodriguez to tweak that record of the briefing.

Read more

CIA Changed the Pelosi Briefing Description after Deciding to Destroy Torture Tapes

I’m working on some deep weeds for a post later on Monday (hopefully).

But as a preliminary to them, I wanted to point out a minor–but very critical–bit of timing.

As I pointed out in the comments to this thread, someone (I’ll show in my new weedy post why it might be then-Counterterrorism Center Legal Counsel Jonathan Fredman) changed the initial description of the briefing that Jose Rodriguez and two others (I believe Fredman was one of the two) gave to Porter Goss and Nancy Pelosi on September 4, 2002. To see the documents showing discussing the alteration (but not the content of it), see PDF 84 of this set and PDF 11-12 of this set.

That’s suspicious enough. But as the email discussions of destroying the torture tape show (see PDF 3), the briefing and the alteration to the briefing record happened the day before and the day after–respectively–the day “HQS elements” started talking seriously about destroying the torture tapes.

On 05 September 2002, HQS elements discussed the disposition of the videotapes documenting interrogation sessions with ((Abu Zubaydah)) that are currently being stored at [redacted] with particular consideration to the matters described in Ref A Paras 2 and 3 and Ref B para 4. As reflected in Refs, the retention of these tapes, which is not/not required by law, represents a serious security risk for [redacted] officers recorded on them, and for all [redacted] officers present and participating in [redacted] operations.

[snip]

Accordingly, the participants determined that the best alternative to eliminate those security and additional risks is to destroy these tapes [redacted]

So here’s what this looks like in timeline form:

September 4, 2002: Jose Rodriguez, C/CTC/LGL (probably Fredman) and a CTC Records officer brief Porter Goss and Nancy Pelosi on Abu Zubaydah’s treatment. According to both Goss and Pelosi, CIA briefs them on torture techniques, but implies they are hypothetical techniques that might be used in the future, not the past.

September 5, 2002: Unnamed people at CIA HQ discuss destroying the torture tapes, ostensibly because of danger to CIA officers conducting the torture.

September 6, 2002: Someone (possibly Jonathan Fredman or someone else in CTC’s Legal department) alters the initial description of the Goss-Pelosi briefing, eliminating one sentence of it. “Short and sweet” Rodriguez responded to the proposed change.

September 9, 2002: CIA records show a scheduled briefing for Bob Graham and Richard Shelby to cover the same materials as briefed in the Goss-Pelosi briefing. The September 9 briefing never happened; Graham and Shelby were eventually briefed on September 27, 2002 (though not by Rodriguez personally).

September 10, 2002: The altered description of the briefing is sent internally for CTC records. This briefing is never finalized by Office of Congressional Affairs head Stan Moskowitz into a formal Memorandum for the Record.

Or, to put it more plainly, they briefed Pelosi, decided they wanted to destroy the torture tapes (there’s no record Pelosi was told about the tapes), and then tweaked the record about what they had said to Pelosi.

Jose Rodriguez Briefed Pelosi and Goss in Deceptive Abu Zubaydah Briefing

As MadDog noted, Judicial Watch just got some new documents detailing briefings Congress received. Or rather, they got new documents providing further proof that CIA has no fucking clue what it said to Congress during some key briefings (this batch shows, for example, that the fall 2003 briefings were never finalized into a Memo for the Record, just as earlier ones weren’t, and PDF 48 shows that many key briefings weren’t recorded).

But in what I’ve reviewed so far, the new documents reveal one important new detail. Page 44 of this PDF provides a mostly redacted record of the briefing CIA gave Porter Goss and Nancy Pelosi on Abu Zubaydah’s torture on September 4, 2002. We know–because both Goss and Pelosi have described this detail the same way–that CIA did not tell the House Intelligence leadership that it had already tortured Abu Zubaydah. CIA told Goss and Pelosi about waterboarding, but spoke of it as a technique that might hypothetically be used in the future, not something that had been used 83 times on one detainee the prior month.

But we haven’t known who gave that badly deceptive briefing. Mind you, I had my suspicions. I thought it likely that Jose Rodriguez, then head of Counterterrorism Center, and the guy who ordered the torture tapes destroyed three years later, was a likely candidate to have done that briefing. But there was no proof.

Until today.

Assuming CIA’s own documentation is accurate (always a big assumption, given the CIA), then Jose Rodriguez–listed as D/CTC–is the one who gave Goss and Pelosi that deceptive briefing.

Jose Rodriguez went on to participate in destroying evidence of torture that should have been briefed to Congress. And these documents prove (again, presuming CIA’s documents are accurate) that Jose Rodriguez was deceiving Congress about torture right from the start.

Congressman Dingell: Call Bart Stupak on His Lies about Abortion


John Dingell says he is going to try to persuade Stupak to drop his efforts to sink healthcare with his anti-choice efforts.

The Congress is a place where we represent our people and where we serve our conscience. I strongly disagree with Bart, I think he’s wrong. But he was my friend. He is my friend. We hunt, we have campaigned together, and I’m going to try and show him the error of his ways. And I’m also going to try and see to it that we beat him on this because this is a matter of the utmost humanitarian and economic concern to this nation.

As of right now, the deal that Stupak made with Pelosi is off–he has postponed his press conference and Henry Waxman and Lynn Woolsey have said there is no deal on abortion.

But that leaves the problem of whip count. If Democrats lose all the people who had signed onto the Stupak deal, then they will have to get the vote of every single remaining fence-sitter to be able to pass the bill.

Which probably means it’s not going to pass unless some of those anti-choice Stupak supporters will flip and vote for health care anyway.

I’ve long said that Dingell would be the most likely person to persuade Stupak to let this pass. Not only is Dingell the living history of efforts to pass health care, he has been a mentor to Stupak over his career. So the man who most wants to pass this bill (from a sense of personal destiny) also has a bit of leverage to persuade Stupak.

What I’d like to see Dingell do–aside from talking to Stupak personally–is call Stupak out on his lies, his utterly false claim that the Nelson language doesn’t already restrict access to choice more than it is restricted now, and that only his language would preserve the intent of the Hyde Amendment.

But that’s simply an out-and-out lie.

Not only do Stupak’s claims about the fungibility of money fall flat (as Rachel explains), but his language would add onerous new barriers to choice for women everywhere.  As a key GWU study shows,

In view of how the health benefit services industry operates and how insurance product design responds to broad regulatory intervention aimed at reshaping product content, we conclude that the treatment exclusions required under the Stupak/Pitts Amendment will have an industry-wide effect, eliminating coverage of medically indicated abortions over time for all women, not only those whose coverage is derived through a health insurance exchange. As a result, Stupak/Pitts can be expected to move the industry away from current norms of coverage for medically indicated abortions. In combination with the Hyde Amendment, Stupak/Pitts will impose a coverage exclusion for medically indicated abortions on such a widespread basis that the health benefit services industry can be expected to recalibrate product design downward across the board in order to accommodate the exclusion in selected markets.

Now, Stupak can claim he’s simply making a principled stand so long as the media refuses to call him on his lies. But if Dingell called him on it–if Dingell pointed out that this is not a principled stand, but rather an opportunistic effort to exploit a historic moment to attack women’s reproductive rights–then he will not have cover for his actions.

Bart Stupak is not only threatening to kill health insurance reform out of desire to impose his beliefs on women around the country. But he’s doing so using out and out lies.

And it’s time somebody called him on those lies.

CIA Has No Idea What It Briefed Congress on Torture

The CIA documents released in the latest FOIA batch prove that all the claims that CIA (and Crazy Pete Hoekstra) have made about briefings Congress received on torture are, at best, reconstructions based on years old memories, if not outright fabrications.

The documents appear to have been a summary of torture briefings CIA Office of Congressional Affairs put together on July 11, 2004 in anticipation of CIA’s Congressional briefing in July 2004.

The summary shows that:

CIA OCA had not written up the briefings it gave Porter Goss and Jane Harman in February 2003 or the Gang of Four in September 2003 before July 2004. At that time, Moskowitz explained that the “[Memoranda for the Record] for the remainder of the sessions are being finalized.” In fact, the MFR for the February 2003 Goss-Harman briefing was ultimately closed in 2007, after Moskowitz had passed away. Thus, any claims they make about the content of those briefings cannot be said to be accurate.

Also, when putting together a list of briefings, OCA head Stan Moskowitz didn’t even seem to consider the September 2002 briefings (at which Bob Graham said he was not told about torture at all and Nancy Pelosi was told it might be used in the future) to be relevant as a Gang of Four briefing regarding interrogation/detainee issues. Now, it’s possible that Moskowitz was asked to summarize only the possible discussions of the torture tapes (page 11 seems to suggest this pertains to torture tape destruction and no one has ever claimed that CIA briefed on the torture tapes in 2002). Or, it may be that CIA just didn’t consider those the truly sensitive briefings.

The only MFR that OCA seemed to have completed by July 2004 is the February 4, 2003 briefing, at which Pat Roberts apparently unequivocally approved of destroying the torture tapes (and at which he also agreed to end nascent Congressional attempts at oversight). As noted in several places in these documents, Jay Rockefeller did not attend that briefing.

In other words, the claims that CIA had detailed records about what Nancy Pelosi or Jane Harman or Jay Rockefeller said about destroying the torture tapes? They appear to be completely fabricated.

And Now They're Disclaiming Responsibility for their Briefings

Surprise, surprise. Just days after Crazy Pete Hoekstra did what Crazy Pete Hoekstra attacked Nancy Pelosi for last year–accused the CIA of lying–he’s now caught in another position he has criticized Pelosi for–not objecting in a briefing to an Administration policy he subsequently claimed to be vehemently opposed to. On Meet the Press this morning, John Brennan revealed that he briefed the Republican members of the Gang of Eight about the treatment of underwear bomber Umar Farouk Adbulmutallab (this is already an improvement on Bush policy, since they usually only briefed the Gang of Four). And they didn’t raise any objections to the planned treatment of him.

The Obama administration briefed four senior Republican congressional leaders on Christmas about the attempted terrorist attack on a Detroit-bound flight.

White House counterterrorism chief John Brennan said that Senate Minority Leader Mitch McConnell (R-Ky.), House Minority Leader John Boehner (R-Ohio), Sen. Kit Bond (R-Mo.) and Rep. Pete Hoekstra (R-Mich.) did not raise any objections to bombing suspect Umar Farouk Abdulmutallab being held in FBI custody.

“They knew that in FBI custody there is a process that you follow. None of those individuals raised any concerns with me at this point,” Brennan said on NBC’s “Meet the Press.” “They were very appreciative of the information.”

The Republicans are, predictably, claiming they didn’t know that normal FBI procedure includes mirandizing suspects, claiming that it wasn’t a real briefing–anything to sustain their efforts to politicize national security.

Meanwhile, I’m not holding my breath waiting for the press to call these Republicans on their excuses about the briefing or, more importantly, on their raging hypocrisy. After all, last year the press was able to sustain itself for several months over Crazy Pete’s attack on Nancy Pelosi for this (even while Crazy Pete’s attack was factually wrong). But somehow they seem to lose interest when someone like Crazy Pete gets exposed, for the second time in a week, as a raging hypocrite.

ZOMG! A Congressperson Accuses CIA of Lying to Congress

Picture 189Just take a look at these traitorous accusations a certain Congressperson made about the CIA yesterday:

misleading and some might say lying to Congress by the intel community

The [intelligence] community covered it up,

this committee can’t do its job if you don’t share information with us

What is the community unwilling to share with this committee? What policies can’t pass public scrutiny or pass the scrutiny of this committee?

ZOMG! Congressperson, you just accused the CIA of lying to Congress!! You can’t do that!! Remember what Crazy Pete Hoekstra said about such disloyal accusations when beating up on Nancy Pelosi this spring!

She made some outrageous accusations last week where she said that the CIA lied to her and lied systematically over a period of years. That is a very, very serious charge.

It is downright outrageous that a Congressperson would make such brash accusations. Last spring, Crazy Pete even suggested that making such outrageous accusations might require the Congressperson making such claims resign.

Crazy Pete? Will you please tell Crazy Pete that he should stop making such accusations about CIA lying to Congress?

Or better yet, perhaps you can just admit that CIA has systematically lied to Congress, both about the CIA shoot-down of a missionary plane in Peru, and about torture.

HOEKSTRA:Then just kind of speak for a couple of minutes. I want to kind of change the tone a little bit. And I want to talk about accountability.

I want to talk about the inability of the community to hold itself accountable for its performance. And what I see an increasing — from my perspective, an increasing demonstration that this community is unwilling to be held accountable by — by Congress and this committee.

How do I come to this conclusion?

You know we are coming to a — to a close on a very painful chapter in the intel community, the shoot down of Americans, the death of a mother and a daughter in Peru almost nine years ago. The accountability board has recently finished its work. But if there’s ever an example of justice delayed, justice denied, this is it.

The justice — or the accountability board was impaneled to investigate the wrongful deaths of these two Americans, misleading and some might say lying to Congress by the intel community. Read more

Fred Hiatt Loves Torture

Well, I don’t know that for a fact. But I do know that the publication of Marc Thiessen’s propagandistic claims about Pelosi on the WaPo’s editorial page says more about the WaPo’s editorial page than it does about Pelosi. Let’s start with Thiessen’s primary claim.

According to this 2004 report, Pelosi objected to a CIA plan to provide money to moderate political parties in Iraq ahead of scheduled elections, in an effort to counter Iran, which was funneling millions to extremist elements. “House minority leader Nancy Pelosi ‘came unglued’ when she learned about what a source described as a plan for ‘the CIA to put an operation in place to affect the outcome of the elections,’ ” Time reported. “Pelosi had strong words with National Security Adviser Condoleezza Rice in a phone call about the issue. . . . A senior U.S. official hinted that, under pressure from the Hill, the Administration scaled back its original plans.”

Well, as Thiessen points out himself (and the WaPo even links), David Ignatius has already reported this … in the WaPo! So why would Fred Hiatt feel the need to publish that news again, on his op-ed page?

But Thiessen–and presumably Hiatt–want to repeat this news so they can “prove” that Pelosi had the ability to alter intelligence programs that she didn’t like.

Only there are several problems with Thiessen’s claim. First, the briefings. As we’ve shown over and over and over and over, Pelosi was not briefed that the CIA had already waterboarded Abu Zubaydah during her only briefing on this issue before 2006. And she certainly wasn’t briefed that CIA was going into the torture business before they did so. So it would have been absolutely impossible for her to halt the waterboarding that had already happened, not to mention the planned ones she wasn’t told about. Given the CIA’s (probably deliberate) failure to brief Pelosi in timely fashion, they cannot now, no matter what Dick Cheney tells the former Bush speechwriter to write, claim that Pelosi could have prevented the waterboarding.

And the fact-impaired Thiessen also claims that this letter does not register a protest.

At the briefing you assured us that the [redacted] approved by the Attorney General have been subject to an extensive review by lawyers at the Central Intelligence Agency, the Department of Justice and the National Security Council and found to be within the law.It is also the case, however, that what was described raises profound policy questions and I am concerned about whether these have been as rigorously examined as the legal questions.

That “I am concerned” about the “profound policy questions,” Thiessen? Those are protests. Protests, of course, that we know the CIA blew off.

So this is a transparently false argument, printed in Fred Hiatt’s premier real estate.

I guess Dick Cheney must be getting worried again about his liability for torture.

Update: minor changes for accuracy.