No One Could Have Imagined an IG Report on Warrantless Wiretapping Would Suck
In an article claiming, inaccurately, that few people noticed the debates over the requirement for an Inspector General’s report on the illegal warrantless wiretap program…
The little-noticed provision for a public inspectors-general report was crucial to gaining the support of some liberal Democrats—including Sen. Barack Obama—for last summer’s bill, which allowed a modified version of the program to continue.
…and along with the news that the CIA Inspector General John Helgerson–who will be managing this investigation–did not submit an unclassified report that was not required by the law…
But when the inspectors general recently submitted their first "interim" report to Congress under the measure, it wasn’t made public. Instead, the brief document, written by CIA inspector general John Helgerson, was marked classified—a move that has drawn a stiff protest from House Intelligence Committee Chairman Silvestre Reyes.
Isikoff and Hosenball reveal what I argued some time ago–there are functional problems having an IG conduct this investigation instead of (as the House originally demanded) an independent commission with subpoena power. Most importantly, while Inspectors General of the relevant agencies can inspect their own agencies, they’ve got no jurisdiction to investigate the White House.
Reyes’s letter also included a request that the inspectors general issue a "preservation order" preventing White House or intelligence community officials from removing or destroying documents relating to the warrantless-surveillance program. With barely three months left in the administration, Reyes wanted to make sure that "they don’t destroy anything before they walk out the door," Littig says.
[snip]
As for the demands for a preservation order, the official said: "Directives have been issued to preserve records relating to this surveillance program. But, as Congress is aware, intelligence community inspectors general have clearly defined authorities. Those authorities don’t, as a rule, extend to giving orders to the White House." [my emphasis]
And as we know–from Barton Gellman’s Angler among other sources–most of this stuff is safely in Cheney’s man-sized safe in the White House. And as we saw with Glenn Fine’s investigation into the US Attorney firings, the White House can blow off the Inspectors General with glee.
Golly. Who would have imagined that an IG report on warrantless wiretapping wouldn’t accomplish what it was promised to accomplish???
(Kindly insert obligatory “Certainly, no one could have predicted…” referential comment here. Thank you.)
Ahmmm…EW?
Didn’t I just post a comment on bmaz’s post about McSame’s lawn party only now bmaz’s post is 404?
Pixie dust on the Toobz?
Not that I mind getting disappeared (kinda nice once in a while *g*) but I’m not sure of the proper etiquette on mentioning posts that go “poof”.
And btw EW, my comment on a new OLC opinion in the last thread (as well as making it a diary in the Oxdown Gazette…hint, hint!) may have a wee bit of relevance here as well.
Seems that Bradbury says the Unitary Executive can modify any report prior to its delivery to Congress.
Even those reports that the Congress legislatively mandated be direct reports to itself without any interference or modification.
It’s just another example of the spinelessness of the democrats in Congress. Everyone knows about the unitary executive theory under which the current crop operates, but our side just acts like they intend to obey laws. Maybe next year….
Somewhat OT-James Bamford’s (Shadow Factory) discussion with Jonathan Landay of McClatchy on BookTV AfterWord gives a very detailed narrative of the emergence and use of the NSA warrantless wiretapping program. This is by far the most informative of the interviews I’ve heard with Bamford. Need to read the book. Toward the end he describes a program that integrates real time listening with trianglated drone missle strikes which seemed to me could be the ’secret program’ that Woodward cannot ‘talk about’. Reyer should call Bamford to testify at an open committee hearing, followed by CIA Inspector General John Helgerson.
http://www.booktv.org/program……ayMedia=No
Bamford’s going to be at the Book Salon in latish November.
Thanks for the heads up. The only interview I have heard with Bamford about his latest book was on Terri Gross’s Fresh Air.
http://www.npr.org/templates/s…..d=95689436
When Bamford brought up Israeli spying in and on the U.S. and Carl Camerons four part series about Israeli owned telecommunication and datamining companies and their access to communication systems here in the states, Terri quickly brushed this issue aside during the interview. That four part series on these telecommunication companies was aired on Fox soon after 9/11 (Fox was forced to take this series off of their website)
Have you heard any other interviews with Bamford anywhere else besides C-Span and Fresh Air?
Carl Cameron’s four part series
http://www.informationclearing…..le7545.htm
Mmmm. I saw that post too. “Addled and Erratic” I think that’s how bmaz had it. I don’t know? Seemed a tad biased to me.
Hey EW–
Rachel Maddow is proud of Michigan! Go Blue!
Oh, wait– she’s including Lansing in that pride talk. And I suppose, by inclusion, she’s including Ypsi!
Well, I’m proud of Michigan, too.
Bob in HI
Michigan 1972
Waxman questioning Greenspan today reminded him that the derivative problem came up with Enron, at which time Greenspan didn’t think it was a problem, and hence prevented action from being taken that might have prevented the present crisis. Sounds like Greenspan’s response disagreed, indirectly regarding Enron, by saying (shorter Greenspan) that well, there are derivatives, and then there are derivatives.
Bob in HI
all those people who think Obama will be all about business as usual kinda forget about Mr Waxman (and Mr Whitehouse, and Mr Feingold, and Mr Conyers, etc )
gonna be a whole new world when these defenders of the Constitution have an AG who serves their subpoenas
what’s kkkarl gonna do when the AG sends the US Marshals to pick him up ???
I also wonder if any repuglitards have though about what a bad idea those “enhanced interrogation techniques” are gonna be
what’s the matter kkkarl, can’t remember shit ???
good news, we got you an appointment at Doctor GITMO’s memory refresher school
these stupid fuckers KNOW we can force them to confess
and they WROTE the legal justification for the interrogations
the laundry industry is a good investment right now. so many repuglitards are gonna shit their pants on November 5th that economic recovery might start right then
don’t get mad, get even
revenge is a dish best served to a sold dead repuglitard party
SIXTY SEVEN, MUTHERFUCKERS
Another Repug heads for the dark side
http://www.google.com/search?s…..rses+obama
Let’s hope. Don’t forget Cheney and Addington
Punked. Will evidence and testimony be available in January?
OT – A new SurveyUSA poll has El Tinklenberg up 3 points over Michele Bachmann. And Tinklenberg’s ad people are continuing to do a nice job. Help him keep it on the air. We could seriously win this one — even the GOP’s internal “death list” has MN-06 classified as a real tossup. link
Ron Howard endorses in a way only he can. ViDEO
so ew, when exactly did you change your name to “No One Wheeler” ???
and how come all these washington asshats know you changed your name and I didn’t ???
(wink)
OT – Credit crisis interfering with food supply:
http://www.sun-sentinel.com/bu…..9223.story
The tip of the iceberg. Food distribution is a delicate system, and it all runs on faith, trust and credit.
CRASH ALERT: Ugly day in the markets on tap (look out below):
http://www.sun-sentinel.com/bu…..8690.story
The rest of the world is seeing through the Treasury’s end-of-day market manipulations and are liquidating positions. I’ve never seen the PPT unable to game the futures – until today. Either the world is coming to an end, or they are letting this washout occur on purpose. They have ALWAYS been able to manipulate the Futures numbers…every single day, forever.
If the market has already technically “crashed,” do we need to invent a new word for today’s action?
Here’s what the Treasury department will attempt to pull off today…
They have all their shills lined up to scream bloody murder on CNBS until about 2:00 this afternoon, intentionally causing the panic. They will then show up and start buying massive traunches of select DOW issues sufficient to move that average north. They will stick Art Cashin’s mug on TV around 3:00 to explain that we’ve just experienced the classic panic sell off and if we rebound to close above a certain level, it’s all over, and off to the races next week. If we close in the green, Maria Buttafucco will have a screaming orgasm on live television on the floor of the exchange.
That’s the script, and the entire global economy hinges on pulling it off. Either the treasury department will end up owning all the stocks for sale for a very long time, or the CNBS reality creation machine will pull it off.
Whether or not they manage to save it today, I predict a greatest depression brought on by the total collapse of the system of credit. GOT FOOD?
Sorry if I’m repeating anyone else, but the NYT has endorsed Obama.
Greenspan essentially admits that the idea behind tax cuts for the rich was a failure. I put up a diary with more discussion on Oxdown.
When I was in the securities regulation business, we had a name for the investors Greenspan described in his testimony: yield hogs. High interest blinds people to the reasons interest is high, it means lots of risk.
IndyMac was offering the highest interest rate on savings accounts in the country, the day they locked their doors.
There’s a reason why the phrase “too good to be true” was invented.
is today the day that things fall apart ???
jebus
they gotta announce that the stock market WILL open ???
that can’t be good
I don’t really think it makes much difference between an independent commission or an IG. Has there been any indication that the administration wouldn’t blow off a commission with as much glee as an IG?
The IGs can also investigate WH relationships with their agencies – it’s not so much a jurisdictional bar against being able to investigate the WH that prompted the response on not being able to give preservation orders – it’s an alignment issue. The directives/orders to preserve are the responsiblity of the lawyers representing the parties against whom claims are being made. If Reyes wanted preservation, he should have told WH Counsel or Mukasey to issue that, or the Gen Counsels for the agencies, or the gen counsels or outside counsels for the telecoms.
And its almost flat silly to ask for it now. There should have been, prior to Obama palming the precious for himself, a requirement for reps and warranties, with independent consequences for default, from ALL INVOLVED ENTITIES (including the telecoms) as to the fact that no docs were destroyed, preservation notices were out, the content of those notices, the procedures for compliance, etc. with attestations by the chief officers for the various entities (including Bush for the WH) and lawyers outlining their due diligence re: client compliance. All that at the time, so you had “teeth” (ok, they already pulled all the teeth, but maybe you’d at least have gums) later when the inevitable breaches by the liars and their lying lawyers begin to pile up.
You don’t do the deal, the go back and say “hey, uh, ummmmm, now that I’ve thought about it, ya know, I really think I should have bought a house with a pool, so I think since you sold me one without a pool you should come back and build me a pool now”
And whether you have an IG or independent commission, without having forced telecom compliance via agreements tendered with the amnesty deal, there’s no way to get them to have to really ante up. If there are lawsuits and appeals on the constitutionality of the amnesty, they aren’t going to be able to be forced to tender inculpatory evidence and they won’t. The time to get the leverage in the deal was when it was being done.
Now the only real viable tool is going to be the litigation. And btw, Obama is likely to be the one heading the DOJ’s fight against revealing any of the Bush criminality and don’t think he won’t. I’m glad so many are so excited over him, but he’s no much on the leadership front. When he actually held his Senate seat, he was fast to say in 2004 that his war views had somehow suddenly become about the same as Bush’s; when he needed Feingold and to win the WI primary he said some pretty words, but after he had what he wanted he sold Feingold down the river and had Dem party already agreeing not to whip against amnesty and all lined up to crater all the lawsuits from the git-go.
He’s the only viable alternative now to McCain, but EPU’s piece awhile back on the lizards plays in my mind a lot. Obama becoming President is going to do for us about what the Dems getting the majority in 2006 did, or the Dems having a comfortable filibuster size minority did in 2001-2006. He’ll have better domestic economic policies, but watching him fit them in with his grandiose ideas on growing the military will be *interesting* to say the least.
I’m glad a lot of people I think well of are so excited and happy over Obama’s poll gains, and when I get hit up by all my wavering Republican or Republican leaning friends in IN and KY, I do a sales pitch – and when I get involved in the “he’s a socialist who is going to raise taxes 15%” tirades I correct them — but I can’t pretend my heart’s in it. I hope I’m wrong, but really at this point, what you have to hope for, if the litigation gets shut down, isn’t for an independent commission, where Obama may feel compelled to dig in and fight for overwhelming Presidential power he has been showing he believes in, but rather that he will voluntarily choose to be on the side of the angels.
Someone may want to ask Alan Greenspan for a prognostication on how well that works – unchecked power guided by self interest.
Well, you know my thoughts on that, and they are not far off from yours. But we go to a general election with the candidates we have, not the ones we want. Painful metaphor that; but true. Of the two, Obama is a light year and a half better, so weeeeeeeeeee and away we go!
Thanks ew.
digg