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Exclusive!! Pro-Torture Spooks Continue to Play Journalists for Chumps!!

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This chump journalist thing seems to be more virulent than swine flu.

The Moonie Times has an !!!EXCLUSIVE!!! reporting that Silvestre Reyes (who of course joined the Gang of Four after the torture program and the illegal wiretap program became public) thinks Congress is partly responsible for the "interrogation controversy."

In a rare gesture, House intelligence committee Chairman Silvestre Reyes sent a letter this week to all CIA employees suggesting that Congress shared some blame for the CIA interrogation controversy and should play a more robust role in the intelligence policymaking process.

The letter, which was sent Wednesday and made available to The Washington Times on Thursday, appeared to undercut remarks by House Speaker Nancy Pelosi that there was little Congress could do about harsh interrogations, including waterboarding. [my emphasis]

Only, that’s not what the letter says.

One important lesson to me from the CIA’s interrogation operations involves congressional oversight. I’m going to examine closely ways in which we can change the law to make our own oversight of CIA more meaningful;  I want to move from mere notification to real discussion. Good oversight can lead to a partnership, and that’s what I am looking to bring about. 

The tip-off to Moonie’s chumps should be "mere notification," which (as Pelosi has said) is not the same as approval.

But don’t take my word on basic English–check out what Reyes said to the Hill about his letter.

House Intelligence Committee chairman Silvestre Reyes said he agrees with House Speaker Nancy Pelosi that members of Congress have been too limited in how they can respond to briefings about intelligence policies they oppose.

"The system we have now is a one-way discussion," Reyes (D-Texas) said in an interview with The Hill on Friday. "In the final analysis, they’re going to do what they’re going to do."

[snip]

The Washington Times reported the letter exclusively Friday, and said the letter "appeared to undercut remarks by House Speaker Nancy Pelosi that there was little Congress could do about harsh interrogations, including waterboarding."

Reyes said that was not the case.

"It’s pure and simple conservative spin," Reyes said. "And it’s a disservice to our intelligence personnel all over the world."

Misreading Reyes’ letter is not the only thing the chumps from the Moonie Times did. They exhibited either willful blindness to the public record or plain old ignorance. Read more →

Breaking News! CIA’s Spooks Lie and Deceive!

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I shouldn’t be snarky, because this NYT article describing how John Kiriakou managed to frame the entire debate on torture with his false claims about waterboarding on ABC is quite good.

His ABC interview came at an especially delicate juncture in the debate over the use of torture. Weeks earlier, the nomination of Michael Mukasey as attorney general was nearly derailed by his refusal to comment on the legality of waterboarding, and one day later, the C.I.A. director testified about the destruction of interrogation videotapes. Mr. Kiriakou told MSNBC that he was willing to talk in part because he thought the C.I.A. had “gotten a bum rap on waterboarding.”

At the time, Mr. Kiriakou appeared to lend credibility to the prior press reports that quoted anonymous former government employees who had implied that waterboarding was used sparingly. In late 2007, Mr. Ross began pursuing Mr. Kiriakou for an interview, “leaning on him pretty hard,” he recounted.

On Dec. 10, in the subsequent interview, Mr. Kiriakou told Mr. Ross that he believed the waterboarding was necessary in the months after the 9/11 attacks. “At the time I was so angry,” he told Mr. Ross. “I wanted so much to help disrupt future attacks on the United States that I felt it was the only thing we could do.”

My favorite part is the quotes from Brian Ross, admitting he didn’t ask the most obvious follow-ups.

Mr. Kiriakou was the only on-the-record source cited by ABC. In the televised portion of the interview, Mr. Ross did not ask Mr. Kiriakou specifically about what kind of reports he was privy to or how long he had access to the information. “It didn’t even occur to me that they’d keep doing” the waterboarding, Mr. Ross said last week. “It doesn’t make any sense to me.”

He added, “I didn’t give enough credit to the fiendishness of the C.I.A.”

Golly gee! Brian Ross seems to say, whodathunk that those professional liars at the CIA would lie to me?

And, in a throwback to the Pulitzer-prize winning story on the Rent-a-General program that no one wants to talk about, Stelter goes onto note that ABC hired this guy who lied his ass off* provided false information to them. (More recently, John Kerry’s Senate Foreign Relations Committee has hired this trained liar.)

But here’s the thing. Read more →

About Democratic Complicity: the Early Briefings on Torture

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Leen links to two articles suggesting the Democrats are reluctant to have a truth commission because of their own complicity in torture.

Now, I don’t mean to be an apologist for Democrats on torture–because I do believe the Constitutional Speech and Debate clause must take precedence over national security guidelines that limit briefings to the Gang of Four or Eight. But before we start attacking Democrats, let’s establish what we know about briefings that happened before the waterboarding of detainees. Between the public spat between Porter Goss and Nancy Pelosi, Jane Harman’s letter to Scott Muller, and the SSCI Narrative, we can establish that the only Democrat who was briefed in time to prevent waterboarding and told it had been and was going to be used–Jane Harman–wrote a letter raising concerns about the techniques.

Fall 2002: The CIA first briefed the Gang of Four (then comprising Richard Shelby, Porter Goss, Bob Graham, and Nancy Pelosi) after the waterboarding of Abu Zubaydah had already ended–and possibly after the waterboarding of al-Nashiri had, too. Furthermore, even Porter Goss appears to confirm Nancy Pelosi’s assertion that the CIA spoke of enhanced techniques (whether or not they mentioned waterboarding specifically) as a prospective activity. That is, in fall 2002, CIA did not reveal that it had already waterboarded Abu Zubaydah (and possibly al-Nashiri).

January/February 2003: Three of four leaders in the intelligence committees changed in 2003. Jello Jay replaced Graham (who was running for President), Pat Roberts replaced Shelby (who had been ousted for leaking classified information), and Jane Harman replaced Pelosi (who had become Minority Leader). The SSCI Narrative notes that Roberts–but not Jello Jay–got a briefing in "early 2003" (though Jello Jay’s staffer did attend).

After the change in leadership of the Committee in January of 2003, CIA records indicate that the new Chairman of the Committee was briefed on the CIA’s program in early 2003. Although the new Vice-Chairman did not attend that briefing, it was attended by both the staff director and minority staff director of the Committee.

In addition, Scott Muller refers to briefing Goss and Harman on February 5, 2003.

Thank you for your letter of 10 February following up on the briefing we gave you and Congressman Goss on 5 February concerning the Central Intelligence Agency’s limited use of the handful of specially approved interrogation techniques we described.

Muller’s reference to Goss and Harman–but not Roberts–suggests it’s possible that Roberts received a separate briefing, potentially with different content. Read more →

The Bush Administration Did Not Give Legally-Required Prior Notification to Congress

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We know, because Michael Hayden confirmed it the other day, that the torture program started as a covert operation (at 1:45).

By law, covert operations must be supported by a Presidential Finding (or Memorandum of Notification, which is reportedly what was used here) and require prior notification to Congress.

Congressional Notification

  •  The Requirement to Notify Congress

Consistent with section 501 of the National Security Act of 1947, as amended (50 U.S.C. 413), and unless the President otherwise directs in writing pursuant to his constitutional authorities and duties, Congress shall be notified on the President’s behalf of all special activities in accordance with this Directive.

  •  Contents of Notification

In all cases, notification to Congress as provided herein shall include a copy of the Finding or associated MON, if any, as signed by the President, and the statement described in section II.A.3 hereof.

  •  Prior Notification

Consistent with the expectation of prior notification to Congress, in all but extraordinary circumstances as specified herein, the DCI, or head of such other Executive department aqency, or entity authorized to conduct a special activity, shall notify Congress, on the President’s behalf, through the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives (hereinafter collectively referred to as the "Intelligence Committees"), prior to initiation of each special activity authorized by a Finding and associated MON, if any. In extraordinary circumstances affecting the vital interests of the United States, the DCI, or head of such other Executive department, agency, or entity authorized to conduct a special activity, shall notify Congress, on the President’s behalf, through the Majority and Minority Leaders of the Senate the Speaker and Minority Leader of the House of Representatives, and the Chaiman and Vice Chairman of the Senate Select Committee on Intelligence, and the Chairman and Ranking minority Member of the Permanent Select Committee on Intelligence of the House of Representatives, prior to initiation of a special activity authorized by a Finding and associated MON, if any.

  •  Extraordinary Circumstances

If the President determines that it is necessary, in order to meet rare, extraordinary circumstances, to delay notification until after the initiation of a special activity, the DCI, or head of such other Executive department, agency, or entity authorized to conduct a special activity, shall delay notification consistent with section 501(b) at the direction of the President. Read more →

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."

Read more →

Is the Harman Story an Attempt to Silence Her about Torture?

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Laura Rozen has been reporting an angle of the Jane Harman story that has been largely neglected elsewhere–the possibility that this story is coming out now as a way to hit Harman, the fiercest critic of the torture program.

A former senior U.S. intelligence officer said he heard during work on the Hill in the 2004 time period of whispers among members of the intelligence committees and their staffs that Harman was allegedly caught up in some Israel-related case that would likely prevent her from getting the chairmanship of the committee she sought. He also said that it was clear that Goss and Harman (and their staffs) fiercely disliked each other.

But he wondered if the timing of this story was about changing the subject, from what Bush-era officials had authorized, to what the Congress was complicit in. "Is this about taking pressure off the revelations of waterboarding and the memos?" he speculated. "And the fact," he added, "that no real intelligence came out of this whole effort?" referring to the enhanced interrogation/torture regime revealed in the memos, which he said produced no actionable intelligence.

(For his part, Stein said in an online chat Monday afternoon that he had had the story for a while, and only decided to move on it now.)

But the former intelligence official familiar with the matter noted that Goss has given only one on-the-record interview on these CIA controversies since leaving the CIA director job. In the December 2007 interview, he said that Congressional leaders, including Representatives Pelosi and Goss himself, Sen. Bob Graham (D-FL) and Sen. Richard Shelby (R-AL), and later Rep. Harman, Sen. Jay Rockefeller (D-WV) and Sen. Pat Roberts (R-KS), had been briefed on CIA waterboarding back in 2002 and 2003. "Among those being briefed, there was a pretty full understanding of what the CIA was doing," Goss told the Washington Post. "And the reaction in the room was not just approval, but encouragement."

Who was the lone lawmaker the article identified as objecting to the program?

Jane Harman.

The story is plausible not just because Porter Goss–both a former Congressman and former DCI–might fit as one of the sources for all the intelligence reporters covering this story. But also because we know Porter Goss was doing a masterful job working the press to distract from his role in the torture tape destruction (that’s what his on-the-record interview was all about). Read more →

The CIA Directors Protecting Themselves

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The AP reports that along with John Deutsch and Michael Hayden, George Tenet and Porter Goss have criticized Obama’s release of the torture memos.

Of course Tenet and Goss would criticize Obama’s decision. Both of them are personally implicated by revelations in the memos.

As I noted (as did William Ockham–I stole his transcription), the May 30, 2005 memo makes it clear that people at CIA Headquarters ordered Abu Zubaydah to be waterboarded additional time(s)–for the 83rd time, perhaps?–even after interrogators working with him directly believed he was complying with their demands.

This is not to say that the interrogation program has worked perfectly. According to the IG Report, the CIA, at least initially, could not always distinguish detainees who had information but were successfully resisting interrogation from those who did not actually have the information. See IG report at 83-85. On at least one occasion, this may have resulted in what might be deemed in retrospect to have been the unnecessary use of enhanced techniques. On that occasion, although the on-scene interrogation team judged Zubaydah to be compliant, elements with CIA Headquarters still believed he was withholding information. [Redaction of more than one full line] See id, at 84. At the direction of CIA Headquarters interrogators, therefore used the waterboard one more time on Zubaydah. [Redaction of ~3/4 of a line] See id, at 84-85.

We can’t pin this on Tenet directly, though we do know Bush was pressuring Tenet at the time to deliver some kind of intelligence that would substantiate Bush’s public assertions that Abu Zubaydah was important within the Al Qaeda ranks.

"I said he was important," Bush reportedly told Tenet at one of their daily meetings. "You’re not going to let me lose face on this, are you?" "No sir, Mr. President," Tenet replied. Bush "was fixated on how to get Zubaydah to tell us the truth,"

And in any case, we know that the one time when even the CIA agrees Abu Zubaydah was waterboarded "needlessly," it was done on the order of CIA headquarters under Tenet’s leadership.

Also as I noted, the May 10, 2005 "Techniques" memo reveals that Abu Zubaydah’s interrogator far exceeding OLC guidlines on how to administer waterboarding. 

The IG Report noted that in some cases the waterboard was used with far greater frequency than initially indicated, see IG Report at 5, 44, 46, 103-04, and also that it was used in a different manner. See id. at 37 ("[T]he waterboard technique  … was different from the technique described in the DoJ opinion and used in the SERE training. Read more →

What Does Dusty Foggo Know about the Torture Tapes?

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The AP caught something rather curious.

Dusty Foggo, heading off to prison for his role in schemes involving Brent Wilkes, has a date to talk with John Durham, who is investigating the torture tape destruction, and because of that date, he’ll get to put off reporting to prison for a week.

Mr. Foggo seeks this brief continuance because he has agreed to be interviewed by Special Prosecutor John H. Durham concerning the destruction of videotaped evidence by the Central Intelligence Agency. The interview is scheduled to be held in Washington, D.C. on April 8, 2009. However, Mr. Foggo is currently scheduled to report to USP McCreary in Pine Knot, Kentucky on April 7, 2009.

[snip]

Special Prosecutor Durham has consulted with the government and has informed counsel for Mr. Foggo that the prosecution team has no objection to the proposed continuance.

I find this curious for a few reasons. 

First, Durham was reportedly almost done with his inquiry, having determined that he could not bring charges. Yet here he is just now interviewing the third-ranking CIA guy during the period the tapes were destroyed.

More interestingly, Foggo would likely badly like to get revenge on some of the people who allowed him to face criminal charges, whether in the Bush Administration or CIA or former CIA witnesses. 

Just as one hypothetical, Porter Goss claimed to know nothing about Foggo’s problematic past (including his counter-intelligence problems). Yet, as Laura Rozen has reported, that was a lie.

A former US intelligence source thought that Brent "nine fingers" Bassett was the Goss staffer who recommended the hire of Foggo as ExDir.

He said that Goss lied in his testimony, that he was not aware about the problems with Foggo when he hired him for executive director. He said that a major fight had broken out between Goss staffer Patrick Murray and then associate deputy director of operations Michael Sulick about the Foggo hiring. "Murray told ADDO/Counterintelligence Mary Margaret that if Dusty’s background got out to the press, they would know who to come looking for. Mary Margaret tried to warn them that Dusty Foggo had a problematic counterintelligence file. Sulick defended Mary Margaret. Goss told [deputy director of operations Steve] Kappes he had to fire Sulick." After that, Kappes and Sulick quit. "Goss bears major responsibility here," the former intelligence official says. It was finally the "White House that demanded that Goss fire Dusty and he refused." Read more →

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.

Shorter Rizzo to Rodriguez: Well, If You’re Not Going to Testify, I Will Screw You

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Remember how I suggested that this passage from Pincus’ love letter to Bob Bennett and his client Jose Rodriguez might be targeted to (among others) Porter Goss and John Rizzo?

"In 2003 the leadership of intelligence committees were told about the CIA’s intent to destroy the tapes. In 2005, CIA lawyers again advised the National Clandestine Service that they had the authority to destroy the tapes and it was legal to do so. It is unfortunate," Bennett continued, "that under the pressure of a Congressional and criminal investigation, history is now being revised, and some people are running for cover."

Well, here’s what Rizzo had to say to that.

 "I told the truth," Rizzo said in a brief appearance before reporters.

Which doesn’t sound like it was all too helpful for Rodriguez’ little story. Read more →