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Dick Cheney’s Chief Apologist Advocates Kidnapping Leakers

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This is a rather stunning suggestion coming from the chief apologist for the guy who ordered Valerie Plame’s identity to be exposed.

The United States should make clear that it will not tolerate any country — and particularly NATO allies such as Belgium and Iceland — providing safe haven for criminals who put the lives of NATO forces at risk.With appropriate diplomatic pressure, these governments may cooperate in bringing [Wikileak’s Julian] Assange to justice. But if they refuse, the United States can arrest Assange on their territory without their knowledge or approval. In 1989, the Justice Department’s Office of Legal Counsel issued a memorandum entitled “Authority of the Federal Bureau of Investigation to Override International Law in Extraterritorial Law Enforcement Activities.”

This memorandum declares that “the FBI may use its statutory authority to investigate and arrest individuals for violating United States law, even if the FBI’s actions contravene customary international law” and that an “arrest that is inconsistent with international or foreign law does not violate the Fourth Amendment.” In other words, we do not need permission to apprehend Assange or his co-conspirators anywhere in the world.

Frankly, I think it would be downright cruel to render Dick Cheney for having leaked national security information, given that he has not yet left the hospital where he had his new pulse-free pump installed. (h/t Political Carnival) And it’s too late the render the functional equivalent of Julian Assange–which would be Robert Novak.

But I’m guessing Marc Thiessen didn’t mean his op-ed to endorse the kidnapping of all his buddies who leak highly sensitive national security information. On Thiessen’s pig farm, some leakers are more equal than others.

Jay Rockefeller’s Surveillance Machines

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I don’t mean to be churlish. After all, Jay Rockefeller tried to conduct some kind of oversight over Bush’s illegal wiretap program. He even went so far as to write out by hand a letter to Dick Cheney telling him the wiretap program sounded like the data mining the Senate was in the process of specifically defunding. And Rockefeller was honest about his own capabilities to conduct oversight without the help of his more technical staffers.

As you know, I am neither a technician nor an attorney. Given the security restrictions associated with this activity, and my inability to consult staff or counsel on my own, I feel unable to fully evaluate much less endorse these activities.

But is there any better demonstration that members of the Gang of Four cannot exercise oversight over such programs without staffer assistance than the way former Gang of Four member Rockefeller talks about the machines that collect and store data on you?

Committee Chairman Jay Rockefeller (D-W.Va.), who appeared not to be a frequent customer of Amazon or eBay, was worried that an online retailer “records every book you purchase” and “these machines, as I call them, are storing all of this information about you.”

Apparently, the members of Congress protecting citizens from the powers of these surveillance machines are completely unfamiliar with the way they work and the data they’re already collecting. Yet both the Bush and Obama Administrations want to make sure they’re the only ones who learn about the surveillance those surveillance machines are doing.

Karl Rove’s Self-Delusions Hit New Heights–Forgets He Outed Valerie Plame

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Okay, this is one for the ages.

Karl Rove is out today with what is presumably an excerpt from his book, revealing his biggest mistake. He doesn’t verbalize what that mistake is, really. Rather, he bitches about a list of Democrats.

But the initial complaint appears to be that on July 15, 2003, Ted Kennedy accused George Bush of lying to get us into the Iraq war.

Seven years ago today, in a speech on the Iraq war, Sen. Ted Kennedy fired the first shot in an all-out assault on President George W. Bush’s integrity. “All the evidence points to the conclusion,” Kennedy said, that the Bush administration “put a spin on the intelligence and a spin on the truth.” Later that day Senate Minority Leader Tom Daschle told reporters Mr. Bush needed “to be forthcoming” about the absence of weapons of mass destruction (WMD).

Thus began a shameful episode in our political life whose poisonous fruits are still with us.

[snip]

At the time, we in the Bush White House discussed responding but decided not to relitigate the past. That was wrong and my mistake: I should have insisted to the president that this was a dagger aimed at his administration’s heart. What Democrats started seven years ago left us less united as a nation to confront foreign challenges and overcome America’s enemies.

July 15, 2003 was, of course, the day after Bob Novak–acting on a leak involving Richard Armitage, Scooter Libby, and Karl Rove himself–outed Valerie Plame. Before Ted Kennedy said the first mean thing about Bush, Rove had already leaked to at least Novak and Matt Cooper, and OVP was leaking even more wildly (and it should be said, leaking classified information to the WSJ, where Rove’s piece appears, to make their case).

But now Karl Rove says “the Bush White House discussed responding but decided not to relitigate the past”?!?!?

Aside from the fact that Rove’s op-ed operates on the erroneous foundation that the Administration shared all the intelligence they juiced up with Congress (they didn’t), the entire op-ed is based on an absolutely delusional sense of timing.

And a convenient silence about what the White House had already done, in concert, before Ted Kennedy correctly accused the President of lying us into war.

Did Bad Journalism Make the Country Love Torture?

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One of the key takeaways of a study a number of people are buzzing about–showing that a majority of the country has generally opposed torture–is that six months after Obama became president, that changed.

Using a new survey dataset on torture collected during the 2008 election, combined with a comprehensive archive of public opinion on torture, we show here that a majority of Americans were opposed to torture throughout the Bush presidency. This stance was true even when respondents were asked about an imminent terrorist attack, even when enhanced interrogation techniques were not called torture, and even when Americans were assured that torture would work to get crucial information. Opposition to torture remained stable and consistent during the entire Bush presidency. Even soldiers serving in Iraq opposed the use of torture in these conditions. As we show in the following, a public majority in favor of torture did not appear until, interestingly, six months into the Obama administration.

The study itself (which suffers from some unfortunate biases, including its assumption that members of the military should be more supportive of torture) suggests that Dick Cheney’s pro-torture media blitz might explain why torture became more popular once a purportedly anti-torture President took power.

There may be some truth to that. I wouldn’t endorse it unquestioningly without some evidence to support it. But if it is true, it would serve as a lesson about the Obama Administration strategy to avoid fighting for anything it believes in. That is, the study raises the possibility that–by ceding the field to PapaDick’s relentless pro-torture campaign–the Administration served to make its own stated policy less popular.

But as I said, that may not be the right lesson to take away from this.

The study argues that there has been a misperception about public support for torture and blames the chattering class for not being more skeptical of that misperception.

Our survey shows that nearly two-thirds of Americans overestimated the level of national support for torture. But more important, these misperceptions are not evenly distributed across the population. The more strongly an individual supports torture, the larger the gap in his or her perception. Those who believe that torture is “often” justified—a mere 15% of the public—think that more than a third of the public agrees with them. The 30% who say that torture can “sometimes” be justified believe that 62% of Americans do as well, and think that another 8% “often” approve of torture.

Revealingly, those people most opposed to torture—29% of the public—are the most accurate in how they perceive public attitudes on the topic. They overestimate the proportion of the public who “sometimes” approve of torture by 10%, underestimate the proportion of the public who “often” approve of torture by 10%, and perceive the rest of the public with near precision.

In short, these patterns present a classic pattern of false consensus. People who were most in favor of torture assumed that most of the public agreed with them. While we obviously do not have survey data on Washington decision makers, we do know from public statements how leading voices such as former Vice President Dick Cheney felt about the interrogation techniques. These data show that it is not at all surprising that Cheney and other political figures believed that the public stood behind them. What is perhaps more surprising is how poorly journalists, regardless of personal belief regarding their objectivity or bias toward liberalism (Lee 2005), misread public sentiments.

I’d suggest one more possible factor. Couple this graph above–showing the beginning of a decline in opposition to torture in 2006-2007–with the details of the Harvard study showing how newspapers discussed waterboarding. At roughly the same time that torture began to be more accepted, newspapers started to treat waterboarding, at least, with their typical “he said, she said” cowardice.

Before 2007, the NY Times had only scattered articles quoting others. However, beginning in 2007, there is a marked increase in articles quoting others, primarily human rights groups and lawmakers. Human rights representatives predominate during the first half of the year. However, beginning in October, politicians were cited more frequently labeling waterboarding torture. Senator John McCain is the most common source, but other lawmakers also begin to be cited. By 2008, the articles’ references are more general such as “by many,” or “many legal authorities.” Stronger phrases such as “most of the civilized world” also begin to appear.

The LA Times follows a similar pattern. In 2007, this paper mostly quoted human rights groups and Sen. McCain. Beginning in 2008, however, more general references began to be used, such as “by many” and “critics.”

That is, starting around the same time support for torture increased, the press started treating it as one more political debate.

Remember, before 2007, newspapers largely uncritically adopted the Bush Administration’s Orwellian language about enhanced interrogation, without including voices that called waterboarding torture. That said, even while it deployed such propaganda (and the newspapers willingly adopted it), the Administration itself always maintained that it did not torture. But as time has passed, former Bush officials (led by PapaDick and his spawn BabyDick) have gotten closer and closer to shifting the argument to a admission, coupled with a defense, of torture.

Is it possible, then, that by embracing the torture apologists’ relativism, newspapers encouraged individuals to think about torture as a political preference?

This is all obviously speculation on my part. But it seems to me the most important question raised by this study on public opinion about torture is why under a then-popular nominally anti-torture president, torture became popular.

Torture and Truth

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Yesterday, I posted on a Harvard study showing that the press, after an established tradition of referring to waterboarding as torture, stopped doing so once it became clear the US engaged in the practice. Our press, in other words, refused to tell what they had previously presented as “the truth” (that is, that waterboarding was unquestionably torture) when it became politically contentious to do so.

Now I want to focus on one detail of the documents Craig Murray released yesterday in anticipation of the British inquiry into whether it was complicit with torture. The Brits are debating among themselves whether the question will be, “Did the UK order up torture?” or “Did the UK knowingly use information gathered using torture?” (Rather, the powers that be are trying hard to limit the inquiry to the former question.) So Murray posted a series of British Foreign Office communication set off when he asked both whether it was legal to receive information known to have been collected using torture, and what civil servants and Ministers thought about receiving information gathered using torture.

I would be grateful for the opinion of Sir Michael Wood on the legality in both international and UK domestic law of receiving material there are reasonable grounds to suspect was obtained under torture, and the position of both Ministers and civil servants in this regard.

That is, is it legal and is it the accepted practice of the government to accept information gathered using torture (ironically, at almost exactly the same moment, Jane Harman, having been assured that torture was legal by CIA General Counsel Scott Muller, was asking him whether it was the formal Bush policy).

The answers to those questions, as you can see by reading the thread of communication, were “yes” and “yes.” It’s the latter “yes” that the Brits don’t want to admit publicly in their inquiry.

That’s all politics. But what I’m most interested in is a paragraph Linda Duffield, the Director, Wider Europe, wrote on March 10, 2003, memorializing a meeting between her, Murray, and two others. In it, she describes explaining to Murray that she appreciated his concern about information collected using torture, but that the “moral issues” raised by it had to be weighed against other moral concerns. And the competing “moral” issue–as she lays out–is the necessity to “piec[e] together intelligence material from different sources in the global fight against terrorism.”

I said that he was right to raise with you and Ministers (Jack Straw) his concerns about important legal and moral issues. We took these very seriously and gave a great deal of thought to such issues ourselves. There were difficult ethical and moral issues involved and at times difficult judgements [sic] had to be made weighing one clutch of “moral issues” against another. It was not always easy for people in post (embassies) to see and appreciate the broader picture, eg piecing together intelligence material from different sources in the global fight against terrorism. But that did not mean we took their concerns any less lightly. [my emphasis]

Duffield is claiming to acknowledge the moral problems of torture, but suggests that the “moral” (and ethical) necessity to piece together intelligence on terrorism–not to keep the country safe, but to piece together intelligence–balances out those moral problems.

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Dick Cheney’s Wyoming’s Face at MMS

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Since we’ve been discussing the way that BP has adopted Dick Cheney’s face for its Deepwater Horizon disaster, I thought I’d link to this article, noting how close the Mineral Management Service and Cheney’s state of Wyoming are. (h/t POGO)

The federal agency cited for an overly “cozy relationship” with the energy industry, which may have contributed to the Deepwater Horizon drilling disaster, has enjoyed extensive Wyoming political and economic connections since its creation in 1982 by then-Secretary of Interior James G. Watt, a native of Lusk in eastern Wyoming.

[snip]

The Wyoming connection was especially evident from 2000 to 2008, during the two administrations of President George W. Bush and his vice president, Wyoming native Dick Cheney. A former chief executive of Halliburton, Cheney took an early and very active interest in energy policy and placed several Wyoming political friends in key positions in the Department of Interior.

Before he took office, for example, Cheney selected David J. Gribbin III, a high school and college friend from Wyoming, to be his transitional liaison with Congress. Gribbin previously worked for Cheney as Halliburton’s chief lobbyist in the capital.

Cheney then chose Thomas Sansonetti, a prominent Cheyenne lawyer and GOP activist, to head the team choosing top personnel for the Department of Interior, which oversees Minerals Management Service.

Sansonetti, a member of the conservative Federalist Society, picked Gayle Norton to head Interior. Although not from Wyoming, native Coloradan Norton was a longtime protégée of James Watt in the Mountain States Legal Foundation, of which Watt was the founding director. Like Sansonetti, Norton was a member of the Federalist Society.

Norton, in turn, named former Sheridan, Wyoming, lawyer Rebecca W. Watson as assistant Interior Secretary for Land and Minerals Management. Watson was responsible for the Bureau of Land Management, the Office of Surface Mining and the Minerals Management Service.

[snip]

Most importantly, from 2002 to 2008, the Minerals Management Service was directed  by two former Wyoming GOP legislators, Rejane “Johnnie” Burton of Casper  and Randall Luthi, of  Freedom.

Burton, who had managed the Wyoming Department of Revenue under former Gov. Jim Geringer, in 2007 resigned under fire from her $168,000-a-year Minerals Management director’s job after the Department of Interior Inspector General found widespread corruption in the agency’s Colorado-based royalty collection office, and questions were raised in Congress about Burton’s handling of offshore leases.

[snip]

Burton now works as a $49,000-a-year aide for longtime friend and former legislative colleague Wyoming U.S. Rep. Cynthia Lummis.

There’s lots, lots more at the link.

Lummis, Wyoming’s only Congressperson, is one of the many BP apologists on the Natural Resources Committee. But I guess it must be easy to be such an apologist, given that you’ve got former top Administration staffers working for you for less than a third of what they used to get in DC.

All of which suggests that one of the reasons the regulatory agency overseeing drilling on public lands is so lax is that it is captive to a bunch of Wyoming hacks who use the revenue from drilling in lieu of income taxes. You see, we’ve just sacrificed the Gulf’s ecosystem because a bunch of folks from Wyoming want to pretend that drilling creates free money.

Cheney photo Copyright World Economic Forum (www.weforum.org) swiss-image.ch/Photo by Jean-Bernard Sieber

BP Adopts the Public Face of Dick Cheney

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I mean that headline more metaphorically than literally. But I do find it really really telling–and really really bad taste–that BP just hired Cheney’s former campaign press flack, Anne Womack-Kolton, to head its American media relations.

BP has hired a former top aide for Vice President Dick Cheney to be their new spokeswoman. Anne Womack-Kolton has been hired to be “head of U.S. media relations.” A rising star in the Bush-Cheney White House since the 2000 campaign, Womack-Kolton served as Cheney’s press secretary during the 2004 election before running public affairs in the Bush Department of Energy.

Now Reuters, which first reported this, paints the move as an effort to better respond to the overwhelming influx of inquiries. But I wonder if there isn’t something more to this.

First, as this DKos diary notes, Womack-Kolton had the honor of defending Dick Cheney’s Energy Task Force, particularly its secrecy.

Administration spokeswoman Anne Womack responded to the GAO lawsuit by sounding the same righteous tone: “We are ready to defend our principles in court. This goes to the heart of the presidency and to the ability of the president and vice president to receive candid, discreet advice.”

Then there’s the legal nuance of this. Womack-Kolton was working for Brunswick Group, which BP retained as early as May 4. So she’s basically just moving in-house from the crisis communication firm that BP had already hired. Perhaps this is a testament to BP’s need to get better coordination in-house. But I can’t help but wonder whether there’s some other reason. Does being a BP employee as opposed to a consultant’s employee change Womack-Kolton’s legal protection, for example, during upcoming lawsuits?

Whatever the reason for bringing Dick Cheney’s own flack in-house, perhaps this will bring a new level of honesty to BP’s response. What could be more honest, after all, then putting Dick Cheney’s face on this disaster?

Cheney photo Copyright World Economic Forum (www.weforum.org)
swiss-image.ch/Photo by Jean-Bernard Sieber

Petraeus’ Challenge to Obama

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As I noted in this post, the front page NYT story putting Petraeus in charge of the paramilitary groups I will call “JUnc-WTF,” which are deployed in allied countries, reminded me of Eric Massa’s allegations that Dick Cheney and Petraeus were plotting a coup (though, as Massa describes it, it sounds more like an “election challenge”).

• Earlier in the year, long before the allegations had been made public, Massa had called me with a potentially huge story: Four retired generals — three four-stars and one three-star — had informed him, he said, that General David Petraeus, the head of U.S. Central Command, had met twice in secret with former vice president Dick Cheney. In those meetings, the generals said, Cheney had attempted to recruit Petraeus to run for president as a Republican in 2012.

• The generals had told him, and Massa had agreed, that if someone didn’t act immediately to reveal this plot, American constitutional democracy itself was at risk. Massa and I had had several conversation on the topic, each more urgent than the last. He had gone to the Pentagon, he told me, demanding answers. He knew the powerful forces that he was dealing with, he told me. They’d stop at nothing to prevent the truth from coming out, he said, including destroying him. “I told the official, ‘If I have to get up at a committee hearing and go public with this, it will cause the mother of all shitstorms and your life will be hell. So I need a meeting. Now.'”

The Esquire has a follow-up noting it would only be a problem if Petraeus starting running while still on active duty and Politico has a denial from Petraeus’ people.

Then there’s Jonathan Alter’s report of the tensions last year between Obama and Joe Biden on one side, and Bob Gates, Mike Mullen, David Petraeus, and Stanley McChrystal on the other. Alter describes the span of this confrontation as starting on September 13, two weeks before Petraus signed the directive for JUnc-WTF, until November 11. The confrontation arose when the Generals kept publicizing their demands for a bigger, indefinite surge in Afghanistan.

Mullen dug himself in especially deep at his reconfirmation hearings for chairman of the Joint Chiefs when he made an aggressive case for a long-term commitment in Afghanistan. White House chief of staff Rahm Emanuel was enraged at Mullen’s public testimony and let the Pentagon know it. When Petraeus gave an interview to Washington Post columnist Michael Gerson on Sept.4 calling for a “fully resourced, comprehensive counterinsurgency campaign,” the chief of staff was even angrier.

From the start, the potential of a Petraeus presidential run was in the background.

Some aides worried at least briefly that Petraeus was politically ambitious and was making an implied threat: decide Afghanistan my way or I just might resign my command and run for president in 2012. It wasn’t a crazy thought. Rep. Peter King and various blogs were promoting him for high office.

Ultimately, presented with the choice of deferring to the Generals or undercutting them, Obama chose a third option: surging in Afghanistan, but sternly scolding them to make sure they would back a withdrawal in 18 months.

Obama was perfectly aware of the box he was now in. He could defer entirely to his generals, as President Bush had done, which he considered an abdication of responsibility. Or he could overrule them, which would weaken their effectiveness, with negative consequences for soldiers in the field, relations with allies, and the president’s own political position. There had to be a third way, he figured.

In the meantime it was important to remind the brass who was in charge. Inside the National Security Council, advisers considered what happened next historic, a presidential dressing-down unlike any in the United States in more than half a century. Read more →

The Joint Unconventional Warfare Task Force Execute Order (AKA the JUnc WTF?)

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On September 30, 2009–according to a big new story from Mark Mazzetti–David Petraeus signed a directive approving the deployment of small special operations teams to go into friendly (Saudi Arabia and Yemen) and unfriendly (Iran and Somalia) countries to collect intelligence.

Interestingly, Mazzetti makes it clear that he’s not covering this because CIA’s pissed about it (which sometimes appears to be the case for his reporting).

While the C.I.A. and the Pentagon have often been at odds over expansion of clandestine military activity, most recently over intelligence gathering by Pentagon contractors in Pakistan and Afghanistan, there does not appear to have been a significant dispute over the September order.

In fact, it appears DOD issued the directive because CIA wouldn’t do whatever JSOC is now doing: the directive…

calls for clandestine activities that “cannot or will not be accomplished” by conventional military operations or “interagency activities,” a reference to American spy agencies.

One would hope that Congress gets pissed about this, though. Mazzetti quotes the document using the code–“prepare the environment”–that Cheney used for JSOC activities that he claimed did not need to be briefed to the Intelligence Committees, which (Mazzetti lays out implicitly) is being claimed here, too.

Unlike covert actions undertaken by the C.I.A., such clandestine activity does not require the president’s approval or regular reports to Congress, although Pentagon officials have said that any significant ventures are cleared through the National Security Council.

Read the whole thing.

In probably unrelated news, Esquire is previewing a story that Eric Massa claims Dick Cheney and Petraeus have met several times about the latter running for President–what Massa rather ludicrously (at least given the details thus far) calls “treason” or a “coup.”

But frankly, I believe Obama would embrace that “preparing the environment” all by himself if it meant further consolidation of power in the White House.

And in other probably unrelated news, Ray McGovern says one big reason Dennis Blair got fired is because he wasn’t amenable to a getting tough on Iran (Iran does feature prominently in Mazzetti’s story).

Jon Kiriakou: Libby Knew Plame Was Covert

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Jason Leopold has a long article and videotape of an interview with Jon Kiriakou that you should check out in full. I’ll discuss their conversation about Abu Zubaydah’s torture (and, more interestingly, Kiriakou’s knowledge about who Abu Zubaydah is) later. But I wanted to look more closely at Kiriakou’s description of a June 10, 2003 meeting at which (Kiriakou says) Scooter Libby made it clear that he knew of Plame’s identity.

Kiriakou said he was the “note taker” at this meeting, which took place on June 10, 2003, when I. Lewis “Scooter” Libby, former Vice President Dick Cheney’s chief of staff, “entered the room furious, putting on a big show, arms flailing around, swearing and demanding to know why nobody at the CIA told him that Valerie Plame was married to Joe Wilson.”

Kiriakou said it was clear to him that when Libby “entered the room” on June 10, 2003, he had already known that Plame was an undercover operative.

Now, it always pays to approach Kiriakou’s statements with some skepticism. And his description certainly doesn’t accord with what Grenier testified to at the Libby trial. But for the moment, let’s look at what Kiriakou’s description would mean for the chronology of the week of June 8, 2003.

After a break of several weeks after Nicholas Kristof first reported Joe Wilson’s allegations, the allegations returned again on June 8, 2003, when George Stephanopolous asked Condi Rice about the allegations. Apparently first thing on the following day, June 9, 2003, President Bush expressed to Libby in some way his concern about the allegations. And that seems to have been what set OVP into overdrive trying to learn about the source of the allegations. Later that same afternoon, John Hannah had already completed a briefing for Cheney on the issue.

According to Kiriakou’s story, Libby had his furious outburst on June 10. That would probably mean it happened at the 12:45 NSC DC [Deputies Committee] meeting, four hours before Kiriakou wrote his email requesting more information. Though note, the content of the Kiriakou email we have–which asks for very specific information for John McLaughlin in anticipation of a meeting with Cheney the following day and doesn’t mention the meeting itself–doesn’t match the description he gave Jason:

After Libby’s outburst, Kiriakou said he “went back to headquarters and I wrote an email to all of the executive assistants of all the top leaders in the agency saying, this meeting took place, Libby is furious, we believe that he was conveying a message from the vice president. I wanted to know when did we know that Valerie was married to Joe Wilson, sent it around, nobody ever responded to my email.”

That says, if Kiriakou’s narrative is correct, Libby probably learned of the tie between Plame and Wilson between June 9 and June 10, if not earlier. Which might explain why the date on Libby’s note record learning of Plame’s tie to Wilson appears to be written over. One possibility, for example, is that the note originally read June 9, not June 12.

This is where Kiriakou’s story begins to conflict with Robert Grenier’s and Marc Grossman’s. Marc Grossman testified he told Libby, probably at a DC meeting on June 11 or 12, that Wilson’s wife worked at the CIA (based on the INR memo). And Grenier testified that Libby asked him for information on a phone call on June 11, at which point, Grenier claimed, he “had never heard of [Wilson’s trip] before.” Both claims would be false if Libby had blown up in the June 10 meeting.

Now, both Grossman and Grenier’s testimony is problematic on a number of other levels, so we can’t use their testimony to dismiss Kiriakou’s story out of hand.

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