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Cheney Plans to Continue to Manufacture Intelligence

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By now you’ve heard Cheney’s claim that he asked the CIA to declassify all the great intelligence we got from waterboarding and Greg Sargent’s earlier report that Cheney hadn’t asked the CIA directly for those documents.

Greg Sargent has an update that explains how the former Fourth Branch intends to get them, now that he’s a withering vine.

 That whole question of whether Dick Cheney asked the CIA to declassify and release intelligence supposedly proving that the torture worked? Turns out Cheney made the request through the National Archives, a spokesperson for the archives confirms.

That means that we may, in fact, see the documents that Cheney claims will demonstrate that the Bush torture program collected a whole bunch of useful intelligence, though it may take awhile.

National Archives spokesperson Susan Cooper confirms that Cheney did submit a request for unspecified documents on March 31st. Cooper said that the National Archives had asked the relevant agency — she wouldn’t say which one, but there’s little reason to doubt that it’s the CIA — for the relevant documents this morning.

Cooper confirmed that the docs Cheney asked for were in fact classified. Keep in mind we have no way of knowing what Cheney actually asked for or whether they really say what Cheney claims. It’s now up to the CIA to make the determination whether to declassify the docs Cheney wants. So this could get very, very interesting in various ways.

Remember why Cheney and the National Archives have been in the news of late–the report that, contrary to plan, Cheney decided to keep all his materials at the Archives rather than send them to Dallas to put in Bush’s Library. He needs the materials close, you see, so he can access them for his memoirs.

Now, the date of Cheney’s request for CIA documents–March 31, well before it was clear whether the OLC memos would be declassified–suggests Cheney’s request has everything to do with his memoirs and nothing to do with the release of the OLC memos.

So Cheney’s call to declassify these documents has nothing to do with a real debate about the torture. It is Cheney’s attempt to use those documents to continue creating a myth that his torture did anything to keep this country safe.

The Dead-Enders Do Dallas

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There are two notable details about this article on the reunion of the Bush dead-enders in Dallas to plan W’s legacy.

Dick Doesn’t Do Dallas

The first is the absence Peter Baker does note; apparently, Dick’s not doing Dallas.

Not coming to next week’s session is former Vice President Dick Cheney, who in the final days of the administration argued with Mr. Bush about his failure to pardon Mr. Cheney’s former chief of staff, I. Lewis Libby Jr., who was convicted of perjury and other counts for his role in the leak of Valerie Wilson’s employment with the Central Intelligence Agency. Mr. Cheney later went on television to air his grievances with Mr. Bush, while also accusing Mr. Obama of endangering the country.

That is an approach Mr. Bush has rejected, telling aides that for now he is intent on giving his successor room to govern without criticism from him. Besides, he says, he is too busy in his own new life.

While I’m all in favor of flogging the "Cheney in a huff over Scooter" story (maybe it’ll spark some interest in why Cheney feels so strongly?), Cheney’s absence is more interesting, IMO, given his apparently recent decision to keep his records–and the loot he received as gifts while serving as the Fourth Branch–in the National Archives in DC rather than in the Bush Library.

Last fall, an architect for Bush’s library indicated that Cheney’s records and artifacts would be coming soon, but that apparently was a mix-up. Cheney wants them to remain in Washington as he writes his memoirs.

[snip]

During talks last year, the National Archives suggested that Cheney’s artifacts – like a set of gold Murano glass candlesticks and bowls from Italian Prime Minister Silvio Berlusconi – be sent to the Bush library. That way they could be displayed with Bush’s items, including the 9 mm pistol that Saddam Hussein held when captured by American soldiers in Iraq.

"The VP preferred to have the VP artifacts remain with the records," said Sharon Fawcett, assistant archivist for presidential libraries.

Plans for the Bush library at SMU include space for new collections, including Cheney’s archives. His official and personal records would need an estimated 6,000 cubic feet, according to the National Archives.

Last fall, e-mails between Bush architects and the archives, which ensures that the library meets federal standards, signaled that Cheney’s records would be coming to Dallas.

Read more →

Cheney’s Stay Behind

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By now, you’ve heard Sy Hersh’s explanation for why he hasn’t yet gotten the flood of revelations about the Bush Administration he had expected.

HERSH: I’ll make it worse. I think he’s put people left. He’s put people back. They call it a stay behind. It’s sort of an intelligence term of art. When you leave a country and, you know, you’ve driven out the, you know, you’ve lost the war. You leave people behind. It’s a stay behind that you can continue to contacts with, to do sabotage, whatever you want to do. Cheney’s left a stay behind. He’s got people in a lot of agencies that still tell him what’s going on. Particularly in defense, obviously. Also in the NSA, there’s still people that talk to him. He still knows what’s going on. Can he still control policy up to a point? Probably up to a point, a minor point. But he’s still there. He’s still a presence. [my emphasis]

This is not remotely surprising. We discussed the likelihood this was happening just days after Obama took over, as dead-enders tried to spike Obama’s promise to withdraw from Iraq. And there has been a ton of reporting on the burrowing of loyal appointees that Cheney accomplished before leaving.

But Hersh’s report that such stay behind includes NSA is of particular concern.

Not only does this raise concerns about the warrantless wiretap program and its use (particularly given reports that the NSA was segregating contacts with journalists, like Hersh, who has lots of contacts in the Middle East). But it raises concerns about whether or not Cheney sustains the practice–publicized during the John Bolton confirmation hearings–of getting the US person end of NSA intercepts (I have no idea whether Cheney would do this through dead-enders, whether he’s getting that much more directly, or whether he’s getting help from Israelis involved in our wiretap programs). A number of people suspected that Bolton had used NSA intercepts to undermine North Korean diplomacy (among other things). Such a practice obviously fits Cheney’s MO.

Yet more reason we need to reassess our use of electronic wiretapping  within the US.

John Hannah: Unitary Executives Can Assassinate Enemy Leaders

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In his appearance tonight on Wolf Blitzer, Sy Hersh said the same thing I said about his "revelation" that JSOC had assassination squads that bypassed normal reporting channels–Hersh pointed out that he had reported all that previously, last July. The biggest news in that part of his appearance is that Hersh revealed the number of countries–twelve–in which JSOC could work its assassination teams.

After Hersh appeared, Wolf had John Hannah, Cheney’s replacement Scooter and by far the biggest hack witness at the Libby trial, to try to rebut Hersh’s reporting.

Though Hannah didn’t really do that.

Instead, he dismissed Hersh’s concerns about the legality of the operations by insisting that the Chairs of the Intelligence and Armed Services committees, and Congressional leadership, could learn about these operations. Aside from the fact that Hannah admitted he didn’t actually know that to be true, he’s working on the assumption that they’ll come and ask about something that Hannah admits is a very close hold. 

Wolf: And when he says this JSOC, the Joint Special Operations Command has this authority that they don’t even tell Congress about?

Hannah: It is extremely hard for me to believe, I, I, don’t know exactly what the consultations are with the Congress but it’s hard for me to believe that those committee chairmen and the leadership on the Hill involved in intelligence and armed services, if they want to know about these operations, cannot get this information from the Defense Department.

Wolf: And so this would be, from your perspective–and you worked for the Bush Administration for many years–it would be totally constitutional, totally legal to go out, find these guys, and to whack them. 

Hannah: There’s no question, in a theater of war, when we are at war–and there’s no doubt, we are still at war against Al Qaeda in Iraq, Al Qaeda in Afghanistan. and on that Pakistani border–that our troops have the authority to go out after and capture and kill the enemy, including the leadership of the enemy. 

Ultimately, though, Hannah resorts to the Cheneyesque justification for all abuses of power, the AUMF, arguing that troops "in the theater of war" can capture and kill the enemy. 

Of course, we’ve already seen that, until last November at least, the Bush Administration considered the US to be in the theater of war.  And Hannah pretends these assassinations are only going on in Iraq (if you’re Nuri al-Maliki or Read more →

Darrell Issa Fears Michelle’s Triceps, But Not Dick’s Guns

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I’m honestly not surprised that Darrell Issa is so insecure in the face of Michelle Obama’s buff triceps that he is now trying to regulate her.

Under Issa’s amendment, any government policy group that Mrs. Obama or another first spouse regularly participates in would be subject to a law requiring meetings to be announced in advance and, in most instances, public.

At the March 10 markup, Issa’s proposal triggered more than 35 minutes of impassioned debate. I’ve linked video of the exchange below, but Democrats clearly seemed to be recoiling at what some viewed as an effort to target Mrs. Obama.

[snip]

“We are trying actually to protect the historic role of the first lady,” Issa insisted, repeatedly invoking the “transparency” mantra of the Obama administration. “I believe this is open government at its finest.”

[snip]

“We should have a set of rules that future presidents, vice presidents, first ladies and spouses of vice presidents, understand what their do’s and don’t’s are. Can they have an open meeting? Can they have a closed meeting?” Issa said. “Perhaps we need to get to 1600 Pennsylvania Avenue for an opinion.”

(Nor am I surprised that the Politico has titled this article as, "GOP transparency push seen as attack on Michelle O.")

But I want to know where the fuck Darrell Issa was when we were trying to protect "the historic role of the Vice President" for the last eight years?!?!? I mean, Issa had no problem with Mr. Fourth Branch conducting major policy work in hiding. But apparently he has decided now is the time to regulate Veeps and First Ladies. 

Cheney’s Assassination Squads and Iran-Contra and Findings

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Sy Hersh’s recent discussion at University of Minnesota included a number of tidbits, two of which are pertinent to this post. Hersh explained that the Joint Special Operations Command was doing operations that directly reported to Cheney, up to and including assassination. And Hersh revealed that Cheney had convened a meeting not long after 9/11 where he and other alumni of Iran-Contra brainstormed how to avoid the legal problems they had with Iran-Contra. A recent Congressional Research Service article on covert ops and presidential findings helps to show how these two revelations relate to each other.

The Assassination Squads Were Revealed Because CIA Demanded a Finding

While the assassination revelation got all the press, much of what Hersh said was not new. Hersh had described much of what was going on in a July 2008 article describing operational tensions between JSOC and CIA surrounding a presidential finding authorizing covert ops in connection with Iran’s alleged nukes program. The Gang of Eight had reviewed (to the extent they do) the finding, but the JSOC went beyond the scope of that finding.

United States Special Operations Forces have been conducting cross-border operations from southern Iraq, with Presidential authorization, since last year [2007]. These have included seizing members of Al Quds, the commando arm of the Iranian Revolutionary Guard, and taking them to Iraq for interrogation, and the pursuit of “high-value targets” in the President’s war on terror, who may be captured or killed. But the scale and the scope of the operations in Iran, which involve the Central Intelligence Agency and the Joint Special Operations Command (JSOC), have now been significantly expanded, according to the current and former officials. Many of these activities are not specified in the new Finding, and some congressional leaders have had serious questions about their nature.

Under federal law, a Presidential Finding, which is highly classified, must be issued when a covert intelligence operation gets under way and, at a minimum, must be made known to Democratic and Republican leaders in the House and the Senate and to the ranking members of their respective intelligence committees—the so-called Gang of Eight. Money for the operation can then be reprogrammed from previous appropriations, as needed, by the relevant congressional committees, which also can be briefed.

“The Finding was focussed on undermining Iran’s nuclear ambitions and trying to undermine the government through regime change,” a person familiar with its contents said, and involved “working with opposition groups and passing money.” The Finding provided for a whole new range of activities in southern Iran and in the areas, in the east, where Baluchi political opposition is strong, he said. [my emphasis]

There were two ways in which the JSOC operations went beyond the finding: they involved offensive lethal action that Cheney argued was authorized under the AUMF (which is where you get to assassination squads, as I pointed out when the article first came out).

Senior Democrats in Congress told me that they had concerns about the possibility that their understanding of what the new operations entail differs from the White House’s. Read more →

AG “Paunch” Sulzberger Fellates Dick

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Over at County Fair, Jamison Foser takes the NYT to task for regurgitating Cheney’s appearance on CNN yesterday, almost verbatim:

Dick Cheney isn’t Vice President any more, but the New York Times is still treating his comments as so newsworthy they must be presented without rebuttal. The Times devotes 558 words to Cheney’s appearance on CNN yesterday – 501 of which are devoted to simply quoting or paraphrasing Cheney. The 57 words that weren’t devoted to amplifying Cheney’s arguments didn’t include even a word of rebuttal:

[snip]

That’s it — those are the only words in the article that were spent on anything other than simply telling readers what Cheney said.  There was no effort to present the other side, or give readers any indication of whether what Cheney said was true, or misleading, or incomplete.

 But Jamison ignores one critical detail (though NY Magazine does not)–the byline:

By A. G. SULZBERGER

The son of Arthur "Pinch" Sulzberger Jr, AG Sulzberger, is the author of this masterpiece of hard-hitting journalism. 

So the son of the NYT’s publisher was tasked to write a ridiculously solicitous article regurgitating the former Vice President’s propaganda for daddy’s paper.

That’s troubling for a number of reasons. Paunch’s daddy (I’m taking liberties with the family’s naming conventions), after all, was the guy who delayed a story reporting Cheney’s illegal wiretap program for over a year–up until the time James Risen threatened to scoop the NYT with his book. And, at precisely the same time Pinch Sulzberger was bowing to Cheney’s request not to expose the illegal wiretap program, Sulzberger was actively shielding Scooter Libby’s perjury in the name of reporter privilege. From October 2004–just before the Presidential election–until late 2005, Daddy Sulzberger was helping Cheney hide two incidences of egregious law-breaking.

I guess I shouldn’t be surprised to see Paunch taking up the family trade, then, protecting Dick Cheney?

And consider, too, what a departure this is from Paunch’s work on Daddy’s paper thus far. The NY Observer has catalogued Paunch’s extensive work in the (now) four weeks he has worked at the paper–articles on snow and a purim party thrown by one of John Stewart’s writers. And from that, he has graduated so quickly to covering the former Vice President?

It’s hard to imagine this assignment was anything other than an attempt, on Daddy’s part, to make sure Cheney’s appearance yesterday got favorable coverage. Like I said, the Sulzberger trade, protecting Dick.

So now Read more →

Dear W,

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I’m still angry that you did not pardon Scooter. "I don’t think was appropriate," for you to have ordered Libby–on the morning of June 9, 2003, to respond to Joe Wilson’s assertions about our case for war against Iraq, and to have told me it was okay to "get the whole story out," just before Scooter tried to launder this through Judy Miller on July 8, 2003 and then Novak on July 9, 2003, only to let him take the fall for you when Patrick Fitzgerald started investigating who leaked Valerie Wilson’s name.

You asked Scooter to "stick his neck in the meat-grinder" to rebut Joe Wilson’s criticisms, and now you have "in effect left Scooter hanging in the wind" for something you ordered.

Let this be a warning to you. I consider this fair game [oh wait–that’s Rove’s word] for my memoir, which I’m currently shopping.

Love,

Dick

Pixie Dust and Cheney’s Assassination Squads

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A number of people, in their discussion of Sy Hersh’s revelation that Dick Cheney directed assassination squads, look to EO 12333 for some guidance on whether such assassination squads are legal or not.

Here’s attytood:

By the way, in case there’s any ambiguity on the subject, President Gerald Ford in 1975 signed an executive order that said this: : "No employee of the United States Government shall engage in, or conspire to engage in, political assassination." It’s been upheld by every subsequent president. Apparently vice presidents are another matter.

And here’s Scott Horton:

The practice of targeted killings is controlled by Executive Order 12333, issued by President Reagan in 1981, which provides “No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination.” There are two exceptions to this rule. One is that as a basic principle of the law of armed combat, it is permitted to strike against the command-and-control apparatus (including both political and military leaders) of a hostile force in connection with armed conflict. The other is that the President may, by special action, authorize such an operation. The operation that Hersh describes almost certainly would have required a presidential finding which concluded that it was in the nation’s national security interest, and authorized the operation to go forward. Hersh suggests that the entire process was delegated to the Vice President, however, which may have required a more extensive modification of E.O. 12333. President Bush issued a complete revamping of EO 12333 on July 30, 2008—and he directed that the details of his revision be withheld from the public. The publicly disclosed text of Bush’s action in 2008 focus on a structural reorganization, bolstering the authority of the intelligence czar, largely at the expense of the director of central intelligence. There has been continuous speculation that Bush also made changes in the operational guidelines on this occasion, or perhaps in an earlier secret order or finding.

Of course, both these discussions assume Executive Orders mean what they say.

But we know they don’t, necessarily. We know that the OLC told George Bush (almost certainly back in 2001 when he was first inventing excuses for his warrantless wiretap program) that:

An executive order cannot limit a President. There is no constitutional requirement for a President to issue a new executive order whenever he wishes to depart from the terms of a previous executive order. Read more →

Cheney’s Assassination Squads

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You know how Sy Hersh promised bombshells after Bush left office? Well this seems like his first installment–though it also sounds like he’s not ready to put this in print yet. (h/t RawStory)

At a “Great Conversations” event at the University of Minnesota last night, legendary investigative reporter Seymour Hersh may have made a little more news than he intended by talking about new alleged instances of domestic spying by the CIA, and about an ongoing covert military operation that he called an “executive assassination ring.”

Hersh spoke with great confidence about these findings from his current reporting, which he hasn’t written about yet.

In an email exchange afterward, Hersh said that his statements were “an honest response to a question” from the event’s moderator, U of M Political Scientist Larry Jacobs and “not something I wanted to dwell about in public.”

[snip]

“Yuh. After 9/11, I haven’t written about this yet, but the Central Intelligence Agency was very deeply involved in domestic activities against people they thought to be enemies of the state. Without any legal authority for it. They haven’t been called on it yet. That does happen.

"Right now, today, there was a story in the New York Times that if you read it carefully mentioned something known as the Joint Special Operations Command — JSOC it’s called. It is a special wing of our special operations community that is set up independently. They do not report to anybody, except in the Bush-Cheney days, they reported directly to the Cheney office. They did not report to the chairman of the joint chiefs of staff or to Mr. [Robert] Gates, the secretary of defense. They reported directly to him. …

"Congress has no oversight of it. It’s an executive assassination ring essentially, and it’s been going on and on and on. Just today in the Times there was a story that its leaders, a three star admiral named [William H.] McRaven, ordered a stop to it because there were so many collateral deaths.

"Under President Bush’s authority, they’ve been going into countries, not talking to the ambassador or the CIA station chief, and finding people on a list and executing them and leaving. That’s been going on, in the name of all of us. [emphasis original]

Mind you, I think this refers to two different things: Read more →