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Porter Goss Escalates Attacks on Pelosi and Harman–But Admits CIA Broke the Law

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Porter Goss–who was DCI when the CIA destroyed videotapes depicting illegal torture and had been warned not to destroy the tapes, and who may have been the "senior CIA official" who allegedly lied to Congress about the torture CIA had done in February and June of 2005–just escalated the Republican attack on Nancy Pelosi and Jane Harman. In an op-ed in the WaPo, he describes the briefing Congress’ intelligence leaders received in fall 2002:

Let me be clear. It is my recollection that:

The chairs and the ranking minority members of the House and Senate intelligence committees, known as the Gang of Four, were briefed that the CIA was holding and interrogating high-value terrorists.

  • We understood what the CIA was doing.
  • We gave the CIA our bipartisan support.
  • We gave the CIA funding to carry out its activities.
  • On a bipartisan basis, we asked if the CIA needed more support from Congress to carry out its mission against al-Qaeda.

But look carefully at Goss’ language describing what they were briefed on.

In the fall of 2002, while I was chairman of the House intelligence committee, senior members of Congress were briefed on the CIA’s "High Value Terrorist Program," including the development of "enhanced interrogation techniques" and what those techniques were. 

[snip]

Today, I am slack-jawed to read that members claim to have not understood that the techniques on which they were briefed were to actually be employed; or that specific techniques such as "waterboarding" were never mentioned.

Goss explains that the Gang of Four was briefed on "the development" of the torture program and "what those techniques were." He implies strongly–but does not say it directly–that "waterboarding" was mentioned specifically. And he complains that the attendees should have understood that "the techniques on which they were briefed were to actually be employed."

Note what Pelosi has said:

"In that or any other briefing…we were not, and I repeat, were not told that waterboarding or any of these other enhanced interrogation techniques were used," said Pelosi. "What they did tell us is that they had some legislative counsel…opinions that they could be used, but not that they would."

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Crazy Pete Hoekstra Wants to Be Governor Torture

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I wanted to comment on Crazy Pete Hoekstra’s torture apology in the WSJ. The WSJ doesn’t mention it, but Crazy Pete is running for governor in Michigan in 2010. We’ve got our share of wingnuts in this state, but MI is increasingly blue, and our large population of Arab-Americans have historically been one of the swing voting blocks.

So Crazy Pete’s torture apology should be looked at as an attempt by the current or former Gang of Eight member facing the toughest electoral campaign next year (save perhaps Jane Harman, given recent revelations, but she made written objections to the torture program) to minimize the damage his support for torture will have next year. 

That said, Crazy Pete’s effort to spin his own complicity in torture is a (surprise!) thoroughly dishonest effort. He pretends to want to expose to complicitly of both Democrats and Republicans by releasing a list of the briefing’s Congress received. 

Members of Congress calling for an investigation of the enhanced interrogation program should remember that such an investigation can’t be a selective review of information, or solely focus on the lawyers who wrote the memos, or the low-level employees who carried out this program. I have asked Mr. Blair to provide me with a list of the dates, locations and names of all members of Congress who attended briefings on enhanced interrogation techniques.

So Crazy Pete wants to publish a list of briefings, much like the one released for the illegal wiretap program several years ago. I’m all in favor of that, though we could pretty much construct such a list based on existing public information. But without the content of those briefings, what’s the point? We know the CIA lied in at least two of those briefings. And Nancy Pelosi, at least, insists that the first briefing–in fall 2002–did not reveal one or two people had already been waterboarded. She also claims the CIA never informed the full Gang of Eight that they would or had used waterboarding (note, there’s confusion in the reporting in this, which appears to be due to erroeneous assumptions that BushCo briefed the full Gang of Eight on subjects that they actually only briefed the intelligence leaders on–we saw the same confusion with the warrantless wiretap program, where we know the intell leaders were the only ones briefed until 2004).  

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Spanking Spak and Spec

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Arlen "Scottish Haggis" Specter–whose political obituary was written yesterday in the form of a dismal poll result and a renewed threat from Pat Toomey—says we don’t need a truth commission because all the details on Bush era crimes are contained in some file cabinets that we need only waltz up to and empty out.

And in case you were wondering, Lee Harvey Oswald acted alone.

Presumably because he believes we need only waltz up to those file cabinets and take out the Cheney indictment, the sole contribution Scottish Haggis made in today’s Truth Commission Hearing was to enter this Hans von Spakovsky column into the record. Given that Hans von Spak accused Leahy of pitching a House Un-American Activities Commission, I can only interpret Haggis’ action as a profoundly cowardly attempt to get back in the good graces of the Club for Growth. 

The column itself shows the depths to which the Heritage Foundation has stooped in these, the declining years of the Conservative Movement. Even setting aside the horrible optics of having someone under investigation for abridging minority civil rights for political gain squawking about "political prosecutions," the column is just of pathetically bad quality.

Hans von Spak begins by exactly repeating (the Heritage Foundation, defender of private property, apparently doesn’t even require original work anymore) an error the WSJ made in January, claiming that nothing resulted from Carl Levin’s 18 month investigation into torture in DOD.

Moreover, Sen. Carl Levin (D-Mich.) held hearings, under oath, over a 2½- year period looking into many of the same issues. His report, though predictably partisan, found no criminal violations.

Aside from this apparent inability to even count (18? 30? no difference to today’s conservative), Hans von Spak apparently believes that the Committee’s findings–that Bush’s dismissal of Article Three and Rummy’s approval of aggressive technique were the "direct cause of detainee abuse" in Gitmo–doesn’t amount to a criminal violation.

And of course, Hans von Spak, like the WSJ, basically endorsed Levin’s approach while ignoring his call for "an outside commission appointed to take this out of politics, that … would have the clear subpoena authority to get to the parts of this which are not yet clear, and that is the role of the CIA." Hans von Spak and WSJ try to fight the idea of a Truth Commission by pointing to the good work of someone effectively supporting a Truth Commission.

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The WSJ's Curious Picture of Congress and Torture

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I was overly optimistic about the head cold fog I’m in today. But a couple of details from the WSJ editorial Christy linked to yesterday are stuck in my craw.

The editorial is an attempt to warn Congressional Democrats against pushing for a (as the WSJ calls it) "Truth Commission" to investigate the Bush Administration’s torture policies.

In particular, at [Panetta’s and Bair’s] nomination hearings they’re likely to be asked to support a "truth commission" on the Bush Administration’s terrorist interrogation policies. We hope they have the good sense to resist. And if they need any reason to push back, they could start by noting the Members of Congress who would be on the witness list to raise their right hands.

It then lists the Democrats it believes would serve as witnesses in such an investigation: it names Pelosi specifically, it deals with Jane Harman’s public objections to torture, and also invokes Intelligence Committee leadership and–after 2006–membership more generally.

Now, I’ll come back to this individualized focus in a second. But here’s the paragraph that has really got me thinking.

The real — the only — point of this "truth" exercise is to smear Bush Administration officials and coax foreign prosecutors into indicting them if Mr. Obama’s Justice Department refuses. The House and Senate Intelligence Committees already possess the relevant facts, and Senator Carl Levin and his staff have spent two-and-a-half years looking at mountains of documents — with nothing to show for it.

Carl Levin, the editorial claims, spent two-and-a-half years looking at documents, with nothing to show for it.

What a remarkable claim, given that the Executive Summary of that not-quite-two-year investigation (since Levin took over as SASC Chair in 2007–the WSJ can’t even get its dates right) lists this as its first conclusion:

On February 7, 2002, President George W. Bush made a written determination that Common Article 3 of the Geneva Conventions, which would have afforded minimum standards for humane treatment, did not apply to al Qaeda or Taliban detainees. Following the President’s determination, techniques such as waterboarding, nudity, and stress positions, used in SERE training to simulate tactics used by enemies that refuse to follow the Geneva Conventions, were authorized for use in interrogations of detainees in U.S. custody.

And this as unlucky conclusion 13:

Secretary of Defense Donald Rumsfeld’s authorization of aggressive interrogation techniques for use at Guantanamo Bay was a direct cause of detainee abuse there. Read more →

The Giant Pissing Contest over the Auto Bridge

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mackinaw-bridge-cc.jpg

(Mackinaw Bridge photo from Three if by Bike) 

Ian and Jane described the solution Dems are crafting on the auto bailout: Roughly $15 billion from the DOE funds (originally intended to help automakers retool to make more efficient cars) would be repurposed into providing bridge loans for Chrysler and GM. After President Obama and the new Congress come in, that money will be replaced with TARP money, and a longer term plan will be developed to see the companies through this crisis.

Keep in mind though: this is just one battle in a giant pissing contest that is far from resolved. There have been three original positions in this pissing contest:

  • Pelosi, Dodd, and Frank (and, presumably, Obama): Give the aid from TARP; save the environment and the domestic auto industry
  • Bush, Paulson, and McConnell: Give the aid from the DOE funds after asking for the first born of every union worker
  • Shelby and Corker: Bust the union and to hell with Toyota’s domestic competition and the Democratic voters it employs

A couple of events set the background to hearings in the last two days. Hank Paulson has begun calling for the second half of the TARP funds, as he has blown through most of the first $350 billion. Yet Democrats want to force Paulson to start bailing out homeowners struggling to avoid foreclosure, rather than just bailing out Paulson’s friends on Wall Street.  And since Paulson wanted to avoid spending any TARP funds on the auto industry, he wanted to avoid discussing TARP before the auto crisis was resolved.

In fact, in a stunning bit of arrogance that no one besides Jane really reported, Dodd had asked Paulson and Bernanke to attend Thursday’s Senate hearing on the auto crisis–and they refused! These assholes, who are preparing to ask Dodd for another $350 billion of our money, refused to show up before Congress, presumably because they simply didn’t want to talk about using TARP funds for bridge loans to the auto industry (note: at the hearing GAO agreed with Dodd that the auto loan request would qualify under TARP guidelines). I suppose because they simply believe the auto industry doesn’t fall under their mandate to keep the economy healthy?!?!

And then, of course, yesterday’s jobs report came in, with the news that our economy is hemorrhaging jobs. Which is reportedly when Pelosi blinked, and agreed to use the DOE funds.

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The Waxman Challenge to Dingell

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Two of my favorite Congressmen–my own representative, John Dingell, and the current Chair of the Oversight Committee, Henry Waxman–are in a fight over the Chair of the powerful Commerce Committee, which John Dingell currently chairs. Here are some thoughts:

Two Good Chairmen

Understand, this is ideological and political, not functional.  That is, this is a fight between two of the most effective Chairmen in the House.

Several Washington sources said they were puzzled by Waxman’s challenge because the committee had run smoothly in recent years, steadily producing complex bills. Committee chairmanships usually go to the member who has served the longest, although junior members have pulled upsets in cases where a chairman was clearly ineffective.

Dingell has been recovering from knee replacement surgery last month after spending much of the past year on crutches, sometimes moving slowly and in visible pain around the Capitol. But Dingell, first elected in 1955, has shown few other signs of age.

"He’s sharper than most members on his bad days," Stupak said.

Yeah, Stupak is an incredibly close Dingell ally, but as someone who speaks with Dingell regularly, I can attest that he’s very sharp. There are committees out there–some pretty important ones–that would benefit mightily from having more competent Democratic leadership, but Commerce is not one of them.

So frankly, I’m more concerned about the absence of a strong leader on Oversight than I am whether Commerce will have an effective leader. Darrell Issa is set to take over Oversight for the Republicans and he can be a consummate pain in the ass; we need to have someone to counter Issa. And frankly, I want real oversight of the Obama administration, particularly of the proceedings of the Treasury bailout. If Waxman were to leave, the next most senior leader of any note (IMO) is Elijah Cummings or Dennis Kucinich. While Kucinich might actually be good at keeping the obnoxious Issa in line and the bailout money doing what it’s supposed to, I doubt that leadership wants to give him a gavel.

Energy Issues and Climate Change

Waxman’s challenge is, above all, an attempt to force more progressive legislation through Commerce on climate change and energy issues. As the chief ally of the American auto industry in Congress, Dingell has long fought any legislation that would make life more difficult on the auto industry, notably increased CAFE standards and air quality regulations.

But on this issue–even as a Michigander–I side with Waxman. Climate change and energy security are just too important to be subjugated to the short-sightedness of the incredibly short-sighted auto industry. Besides, faced with proactive climate regulation, auto companies are going to have to get more limber, which they’re going to have to do anyway, if they want to survive. Read more →

Why the House Is Waiting to Hold Rove in Contempt

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I wanted to elaborate on what I said in yesterday’s post–to talk about where I think Rove’s contempt vote is going.

As I said yesterday, HJC expects that John Bates to rule on their suit pertaining to Harriet Miers and Josh Bolten sometime in August. It could be the beginning of August, it could be the end of August, but sometime in August. I know some on HJC are cautiously optimistic that Bates will give them a reasonable ruling. But, for all the reasons Kagro X lays out, I’m not.

The House Judiciary Committee subsequently filed suit in federal court, seeking an order compelling the US Attorney to proceed with the prosecution, and somehow — magically! — the case was assigned to former Whitewater Deputy Independent Counsel John D. Bates, the federal judge who dismissed the Plame lawsuit, dismissed the Cheney Energy Task Force lawsuit, upheld the validity of Bush’s signature on an a bill not properly passed in the same form by both houses of Congress, and dismissed the DNC’s lawsuit seeking to force the FEC to rule on John McCain’s attempt to withdraw from his presidential campaign’s public financing commitments.

I don’t know about you, but I’m not really feeling the fear with respect to the statutory contempt thing.

Bates specializes in rulings that say (as his Plame ruling did), "I can see why you’re concerned about the issue in chief, but I’m not going to rule in favor of you because of this technicality."

Now, no matter how Bates rules, that case will continue in the courts. Either the White House will appeal an adverse ruling, or Congress will, or the technicality Bates relies on will just postpone a court judgment. Nancy Pelosi said in a conference call earlier this year that she would continue to pursue this ruling in the courts even after Bush is chased out of office, because the principle is that important. So that ruling will continue.

Meanwhile, one of the most likely technicalities for Bates to fall back on in the Miers and Bolten ruling is centrally important to Rove’s future. At the hearing on the suit in June, Bates asked the House Counsel specifically why he wasn’t pursuing inherent contempt.

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

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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.

But What about Congressional Oversight?

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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 →

My Version of Pelosi’s Statement on Exclusivity

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TPMM wrote up a summary of a response Speaker Pelosi gave to a question I asked at a blogger conference call today that has caused a stir. While I don’t disagree with McJoan’s take–if the Speaker had really said immunity was the issue, it would reflect a short-sighted view of FISA (though I’d say the same about other topics, such as segregation; after all, once the government can legally use information that has been improperly collected, that’s toothpaste out of a tube, too)–I’d like to give my version of the conversation, because I don’t think that’s what Pelosi said or meant.

The call was originally supposed to be focused on contempt. So after the Speaker finished telling about the Paul Wellstone Mental Health and Addiction Equity bill, someone (Mike Stark, I think) asked for reassurances that the Democrats would continue to pursue contempt after we win the White House and larger margins in both houses next year. Pelosi spoke at length about how important this contempt fight is because of the separation of powers issue–and stated that this is a better case than when GAO tried to get Cheney’s records on his Energy Task Force. Finally, in response to a follow-up, Pelosi stated that Democrats would continue to pursue the contempt issue after November.

Then, I piped in. I basically asked the idea laid out in this post.

Email providers argue that immunity will contribute to uncertainty. They speak of receiving "vague promises," they demand "clear rules" and "bright lines."

Given that complaints about uncertainty and unclear demands have led these email providers to strongly oppose retroactive immunity, it suggests the requests the email providers got were really murky–murky enough that the requests caused the email providers a good deal of trouble.

If the government was making such murky requests, don’t you think Congress ought to know what those requests were in more detail?

That is, since email providers just made a very strong statement against immunity, shouldn’t we be asking them why they’re opposed to it?

Pelosi, having just spoken at length about about separation of powers, then said that immunity wasn’t the only issue, exclusivity was important as well.

Note, I’m not sure I can dispute Paul Kiel’s description, though I don’t remember Pelosi emphasizing exclusivity in the way his post suggests at all. I certainly didn’t hear her say immunity is the issue, but then I was listening for my answer. Read more →