Pelosi Appoints Dusty Foggo and Jose Rodriguez’ Buddy to Ethics Committee

Porter Goss’ tenure as Director of the CIA is noted for two things above all–and neither has to do with the collection and analysis of intelligence.

First, there’s his buddy, Dusty Foggo, whom Goss appointed to be Executive Director of the CIA. In that role, Foggo is alleged to have exploited the weaknesses of the earmark system–not to mention Duke Cunningham’s weakness for whores–to steer millions of dollars in contracts to the company of his childhood friend, Brent Wilkes. In addition, Foggo pulled strings to get his girlfriend hired at CIA.

Then, there’s Jose Rodriguez, whom Goss appointed to be director of the CIA’s Clandestine Services after Goss ousted Stephen Kappes because he wasn’t a political hack. Rodriguez is best known for ordering the torture tapes depicting Abu Zubaydah’s and al-Nashiri’s interrogation destroyed–in spite of the many court orders and outstanding requests from the 9/11 Commission and Congress for such evidence. Goss says he wasn’t involved, but Rodriguez faced no discipline for having the tapes destroyed–even in spite of the fact that then DNI John Negroponte warned Goss to make sure the tapes weren’t destroyed. Rodriguez also spiked the internal CIA investigation into why the folks who rendered Abu Omar out of Italy were so damned incompetent–leaving a cell phone trail right up to the CIA’s doors, not to mention thousands of dollars in hotel bills because spooks must have luxury, don’t you know.

In short, Porter Goss is known to be an incredible hack who oversaw great ethical (and legal) abuses that, at least so long as Goss was in charge, escaped all consequences.

Precisely the kind of guy you’d want in charge of Congress’ Ethics Review Board, right? Oh wait, I mean, precisely the kind of guy Nancy Pelosi would want in charge of Congress’ Ethics Review Board (h/t John Forde). You and I, of course, would think it an utterly ludicrous idea to put a guy like Goss, with huge ethical stains on his record, in charge of Congress’ ethics. But I guess the Speaker of the House doesn’t agree.

Church Committee, The Bush II Version?

Because it wouldn’t be a badly corrupt attempt to install a permanent Republican majority without a Church Committee to clean up afterwards…

Tim Shorrock, author of Spies for Hire, has a story in Salon describing a proposed second Church Committee.

Now, in the twilight of the Bush presidency, a movement is stirring in Washington for a sweeping new inquiry into White House malfeasance that would be modeled after the famous Church Committee congressional investigation of the 1970s.

While reporting on domestic surveillance under Bush, Salon obtained a detailed memo proposing such an inquiry, and spoke with several sources involved in recent discussions around it on Capitol Hill. The memo was written by a former senior member of the original Church Committee; the discussions have included aides to top House Democrats, including Speaker Nancy Pelosi and Judiciary Committee chairman John Conyers, and until now have not been disclosed publicly.

[snip]

"If we know this much about torture, rendition, secret prisons and warrantless wiretapping despite the administration’s attempts to stonewall, then imagine what we don’t know," says a senior Democratic congressional aide who is familiar with the proposal and has been involved in several high-profile congressional investigations.

Notably, Shorrock describes discussions to investigate Bush’s surveillance programs–and their antecedents in the Clinton and Reagan Administration.

The article also provides names and dates that seem to corroborate the earlier Radar story on Main Core. Shorrock explains that William Hamilton, the President of Inslaw–the maker of PROMIS, a criminal investigations database–claiming that the Reagan Administration just gave PROMIS to NSA and CIA to use for intelligence purposes. Hamilton also describes being told by a US intelligence official in 1992 and an NSA official in 1995 that the government was using PROMIS to search the Main Core database–a database of all those perceived to be domestic threats to national security within the US.

This article still doesn’t clinch the case that the biggest problem with the illegal wiretap program is that it used the Main Core database–listing people perceived to be domestic enemies–to develop target lists for wiretapping. Nevertheless, it provides a lot more data points, while at the same time hinting that there might be will to actually investigate this mess.

Bush Doesn’t Want to Be Forbidden to Torture, Even If You Don’t Tell the Terrorists

In yesterday’s chat about detainee treatment, I asked Carl Levin if he had suggestions for ways to improve intelligence oversight.

Which raises another good point.

Senator Levin, what can we do to improve intelligence oversight? Just before this chat started, Trent Franks proposed calling Speaker Pelosi and Jane Harman before HJC to testify about how they reacted in briefings on interrogation methods. There’s also the example of FISA.

What can we do to enable Administrations to present information to Congress in classified fashion–but make it possible for those Members of Congress on oversight positions to do something if they find the Administration policies are illegal?

Senator Levin responded:

Congress has three powers that can be used: they can pass a law, even in classified form as a classified annex to an unclassified bill (such as the intelligence authorization bill), second, the power of the purse which can be carried out in a classified or unclassified manner, and third there is of course our oversight power and responsibility. [my emphasis]

To which Jim White astutely asked this question:

What did you think of his mentioning of the ability of Congress to pass classified annex to the public versions of bills. Should we be hoping that there has been a little more oversight through this route? I haven’t heard much discussion on this front. He seems to be pointing us to the Intelligence Authorization Bill in this regard.

As it happens, Bush issued a veto threat of the House Intelligence Authorization Bill today. And look at one of Bush’s objections to the bill (h/t Steven Aftergood):

Secret Law. Section 317 would incorporate by reference all reporting requirements in the classified annex into the act, thereby making them a requirement in law. The Administration strongly opposes the imposition of reporting requirements in this opaque manner. Further, such a provision would remove the flexibility that Congress and the Executive branch would otherwise have to modify and adapt provisions in the classified annex to meet changing conditions and requirements without seeking a statutory change.

Now, I have no clue what it is in the annex that Bush is objecting to. Read more

John McCain, George Bush’s Bagman

So I spent a day and a half, knowing full well that the Colombian rescue was done with the assistance of our intelligence services, wondering, still, why they timed the rescue to coincide with McCain’s visit to Colombia.

Leaders of the Colombian FARC rebel movement were paid millions of dollars to free Colombian politician Ingrid Betancourt and 14 other hostages, Swiss radio said on Friday, quoting ‘a reliable source’.

The 15 hostages released on Wednesday by the Colombian army ‘were in reality ransomed for a high price, and the whole operation afterwards was a set-up,’ the radio’s French-language channel said.

Saying the United States, which had three of its citizens among those freed, was behind the deal, it put the price of the ransom at some $20 million.

[snip]

White House spokeswoman Dana Perino said the rescue ‘was conceived by the Colombians and executed by the Colombians with our full support,’ while implying that Washington had provided intelligence and even operational help.

Silly me! They didn’t need McCain there for a photo op! They needed a bagman.

Now I wonder how long it’ll be before we find out the ransom came from Bandar’s little slush fund? But don’t worry–McCain’s just aspiring to be like Saint Ronnie.

Counter-Intelligence and Secret Service Officers as Inspectors General

I’m reading Paul Alexander’s book, Machiavelli’s Shadow, in anticipation of Sunday’s Book Salon on it.

One of the little-mentioned details he reports in his book is that Bush loaded up the Inspectors General positions with former Secret Service Agents.

"The telltale sign of what the crowd was going to be like was the way Bush was appointing politicals early on.[" said Gordon Hamel, a career bureaucrat. "]He was putting tons of unqualified politicals into positions.  One of the things I noticed the most was the inspectors genera. He was filling all of the IG positions with former Secret Service agents. It had nothing to do with their skills. A Secret Service agent does two things: Protect the president and chase counterfeiters. Unless you were a manager, you were one of the geeks standing at the door talking into your sleeve. So how are you qualified to go from that into an executive position that requires manager and policy-making skills? But these Secret Service agents were the ones who had guarded Daddy Bush and Bush and Rove knew it. The agents were loyal Bushies."

Alexander goes on to suggest that Bush did this to limit the reporting of waste, fraud, and abuse from within his how government. And Alexander elaborates on Hamel’s story of being intimidated by one of these inspectors general.

Which is all I could think of when I read that Bush’s nominee to replace Cookie Krongard as the State Department’s IG is a counter-intelligence officer.

President Bush has nominated Thomas Betro, director of the Naval Criminal Investigative Service, to be State Department inspector general, a position roiled by controversy and turnover over the last year.

If confirmed, Betro would fill the slot of Howard Krongard, who resigned under fire in December, and take over for acting State IG Harold Geisel.

Now, don’t get me wrong. Unlike those secret service agents installed to be thugs, it appears that Betro has executive experience in the kind of task that IG’s perform. He seems qualified for the position.

Still, at a time when the State Department’s primary IG complaint is reeling in Blackwater, and a soon-to-be secondary complaint may be the assistance, on the part of the Ambassador to Albania, of weapons fraud, not to mention the always-dominant complaints about the Iraqi Embassy and its related intelligence fun, I find it notable that Bush chose a counter-intelligence officer to take over as State’s IG.

Does Jerry Doe Know Anything about Merlin?

In this post, I described that Jerry Doe, a former CIA operative who claims he was fired from the CIA in retaliation for reporting intelligence the CIA didn’t like, now claims that some of that intelligence pertains to Iran. The timing of the allegations of his complaint that may pertain to Iran–2000, not (as the NIE cites) 2003–got me thinking about James Risen.

You see, we know of another operation from 2000 involving Iran that the CIA is still touchy about–the Merlin operation that Risen describes in his book, State of War.

In case you’ve forgotten, in February 2000, the CIA had a Russian nuclear scientist pass blueprints for a nuclear weapon to Iran. The blueprints were erroneous in key ways, so they wouldn’t lead to a nuclear weapon–at least, they wouldn’t have if the Russian hadn’t alerted the Iranians to the faults in the blueprints, which he did. But the CIA was willing to pursue such a crazy plan, Risen reported, because they hoped Iran would follow the blueprints and spend years pursuing a faulty warhead.

Here’s Risen’s description about why CPD tried something as crazy as Merlin.

The Counterproliferation Division within the CIA’s Directorate of Operations, the agency’s clandestine espionage arm, came up with MERLIN and other clandestine operations as creative, if unorthodox, ways to try to penetrate Tehran’s nuclear development program. In some cases, the CIA had worked jointly with Israeli intelligence on such operations, according to people familiar with the covert program.

Now, if his complaint and Warrick’s report on it is true, Jerry Doe was busy penetrating Tehran’s nuclear development program in 2000, at precisely the same time when–purportedly out of frustration with their inability to penetrate Tehran’s nuclear development program using traditional means–the CIA dumped nuclear blueprints into the Iranians’ laps. Though, as Risen notes, the CIA was careful to hide the fact that it was the source of the blueprints.

What better way for the CIA to hide its involvement in this operation than to have a veteran of Arzamas [Russia’s equivalent of Los Alamos] personally hand over the Russian nuclear designs?

Now look at the passage from Doe’s complaint that appears to pertain to Iranian nukes:

Plaintiff was first subjected to a demand that he alter his intelligence reporting in 2000, [2 lines redacted]. Read more

Jerry Doe “Proved Fucking Right”

[That’s a Judy Miller quote, btw, not me actually, um, swearing.]

Joby Warrick reports that Jerry Doe, a former CIA operative who warned that Iraq had no active nuclear program but was told to bury that warning, also warned that Iran had set aside its own program.

A former CIA operative who says he tried to warn the agency about faulty intelligence on Iraqi weapons programs now contends that CIA officials also ignored evidence that Iran had suspended work on a nuclear bomb.

Now, he’s trying to get key paragraphs from his complaint against the CIA for wrongful dismissal unredacted so he can prove that the intelligence he was directed to bury turned out to be correct.

There are a few interesting details about this revelation. As Warrick notes, we have known for years that Doe claimed to have warned the CIA that Iraq had stopped its nuclear program. Doe reported, among other things, that there were Iraqi centrifuge parts available in the arms market. But Doe is now claiming that some of the intelligence he provided pertained to Iran, as well. (He refers to one more country in his complaint: Doe is a fluent Arabic and Farsi speaker, so I invite you to place your bets on whether the third country is Syria, Libya, or Pakistan, accordingly. I’m putting $5 on Syria, with a side bet of $2 on Pakistan.)

But there’s another interesting bit, if you put together Warrick’s story and the motion to have key paragraphs from his complaint unredacted.

Warrick quotes Doe’s lawyer, Roy Krieger, as saying that key paragraphs in Doe’s complaint should no longer remain sealed because what those paragraphs reveal was declassified in last year’s Iran NIE.

The consensus view on Iran’s nuclear program shifted dramatically last December with the release of a landmark intelligence report that concluded that Iran halted work on nuclear weapons design in 2003. The publication of the National Intelligence Estimate on Iran undermined the CIA’s rationale for censoring the former officer’s lawsuit, said his attorney, Roy Krieger. [my emphasis]

And Friday’s motion lists the actual paragraphs that–extrapolating from Krieger’s claim–may pertain to Iran. Read more

But What about Congressional Oversight?

In addition to showing how the Iran hawks have evaded oversight over their Special Forces war plan against Iran, Sy Hersh seems intent on generating pressure on Democrats to withhold funding now being used to start a covert war with Iran.

Hersh notes that the Gang of Eight has been briefed on the CIA–but not the Special Forces, assassination of high value targets–part of the plan.

Although some legislators were troubled by aspects of the Finding, and “there was a significant amount of high-level discussion” about it, according to the source familiar with it, the funding for the escalation was approved. In other words, some members of the Democratic leadership—Congress has been under Democratic control since the 2006 elections—were willing, in secret, to go along with the Administration in expanding covert activities directed at Iran, while the Party’s presumptive candidate for President, Barack Obama, has said that he favors direct talks and diplomacy.

I love how Hersh feels the need to remind Democrats they are in the majority.

Then, after recalling all the opposition to Administration plans from within the military, Hersh returns to Democrats’ failure to prevent policies they oppose.

The Democratic leadership’s agreement to commit hundreds of millions of dollars for more secret operations in Iran was remarkable, given the general concerns of officials like Gates, Fallon, and many others. “The oversight process has not kept pace—it’s been coöpted” by the Administration, the person familiar with the contents of the Finding said. “The process is broken, and this is dangerous stuff we’re authorizing.”

Now, the problems with oversight seem to focus on two things. First, the Democrats once again got punked by Administration lies when, three years ago, David Obey backed off an attempt to withhold funding for such operations.

On March 15, 2005, David Obey, then the ranking Democrat on the Republican-led House Appropriations Committee, announced that he was putting aside an amendment that he had intended to offer that day, and that would have cut off all funding for national-intelligence programs unless the President agreed to keep Congress fully informed about clandestine military activities undertaken in the war on terror. Read more

The Barnacle Branch Still Evading Oversight

I’ll have several things to say about Sy Hersh’s latest. For the moment, though, I just wanted to lay out his central argument: that Dick Cheney is abusing the structure of command and Congressional oversight to launch a covert campaign against Iran.

Hersh reports that President Bush signed a Finding authorizing broad actions against Iran. Here’s how Andrew Cockburn described the finding, in a piece cited by Hersh:

Six weeks ago, President Bush signed a secret finding authorizing a covert offensive against the Iranian regime that, according to those familiar with its contents, "unprecedented in its scope."

Bush’s secret directive covers actions across a huge geographic area – from Lebanon to Afghanistan – but is also far more sweeping in the type of actions permitted under its guidelines – up to and including the assassination of targeted officials. This widened scope clears the way, for example, for full support for the military arm of Mujahedin-e Khalq, the cultish Iranian opposition group, despite its enduring position on the State Department’s list of terrorist groups.

Similarly, covert funds can now flow without restriction to Jundullah, or "army of god," the militant Sunni group in Iranian Baluchistan – just across the Afghan border — whose leader was featured not long ago on Dan Rather Reports cutting his brother in law’s throat.

Other elements that will benefit from U.S. largesse and advice include Iranian Kurdish nationalists, as well the Ahwazi arabs of south west Iran. Further afield, operations against Iran’s Hezbollah allies in Lebanon will be stepped up, along with efforts to destabilize the Syrian regime.

The fans of regime change have managed to implement such a plan while evading oversight in a couple of ways. First, the hawks pushed out Admiral William Fallon on March 11 rather than reading him in on some of the stuff they were doing with Specials Ops forces in the Middle East.

Fallon’s early retirement, however, appears to have been provoked not only by his negative comments about bombing Iran but also by his strong belief in the chain of command and his insistence on being informed about Special Operations in his area of responsibility.

[snip]

“He was charged with coming up with an over-all coherent strategy for Iran, Iraq, and Afghanistan, and, by law, the combatant commander is responsible for all military operations within his A.O.”—area of operations. “That was not happening,” [Marine General Jack] Sheehan said. Read more

The Ghorbanifar Timeline, Two

I will have more to say on specific details revealed in my Ghorbanifar Timeline in the coming days. But for now, I wanted to make my main point more strongly by focusing on particular dates in the timeline.

The timeline strongly suggests that the hawks within the White House sustained the contacts with Ghorbanifar as part of a (mostly successful) campaign to prevent the Administration from building a closer relationship with Iran.

Before I get into actual dates, recall Flynt Leverett’s argument (which was so dangerous the Administration censored it heavily). Leverett argues that the only workable solution to our relations with Iran is to forge a "grand bargain," trading security for more constructive Iranian engagement throughout the Middle East.

In the current regional context, issue-specific engagement with Iran is bound to fail. The only diplomatic approach that might succeed is a comprehensive one aimed at a “grand bargain” between the United States and the Islamic Republic.

[snip]

Iran will only cooperate with the United States, whether in Iraq or on the nuclear issue, as part of a broader rapprochement addressing its core security concerns. This requires extension of a United States security guarantee — effectively, an American commitment not to use force to change the borders or form of government of the Islamic Republic — bolstered by the prospect of lifting United States unilateral sanctions and normalizing bilateral relations.

The parts of Leverett’s op-ed that got censored reveal that, in fact, Iran has attempted to foster such a grand bargain several times during the Bush Administration. Colin Powell and Richard Armitage cautiously supported those attempts. But each time those efforts started developing, the Administration scuttled the efforts–usually based on inflammatory claims.

And at least some of those claims may have come from Manucher Ghorbanifar.

In other words, top Administration officials kept letting Ghorbanifar’s fraudulent "intelligence" get inserted into the government because it provided critical–albeit fraudulent–support for a policy of regime change in Iran.

Now look at the known dates:

December to February 2001

Michael Ledeen says he first started putting this meeting together "soon after September 11, 2001, probably in the October 2001 timeframe." The first documented discussions about the meeting occurred on November 7, and the meeting occurred from December 10 through 13.

Read more