Category: Congress

He Could Always Read the Report from the Well of the Senate

Ron Widen (D-)R) is looking at using Congressional authority to declassify the CIA torture report:

A senior Senate Democrat is firing a warning shot at the White House against stalling the release of a report about the past use of torture by the U.S. intelligence community.

Sen. Ron Wyden is talking with his colleagues about the possibility of using a seldom-invoked procedure to declassify an Intelligence Committee report on the use of torture in the event the White House does not move ahead quickly.

Speaking with reporters on a variety of subjects Thursday, the Oregon Democrat referred to the Senate’s “Resolution 400″ — the Abraham A. Ribicoff-sponsored resolution that established the Intelligence Committee back in 1976.

Wyden said he was discussing invoking the resolution “in order to move this along if we have to, through the committee process, to get it declassified.”

………

Bringing up Senate Resolution 400 in conversations this week is a reminder from Wyden that the legislative branch would have recourse in the event the Obama administration stonewalls the release, a point made clear in the Senate manual:

“The select committee may, subject to the provisions of this section, disclose publicly any information in the possession of such committee after a determination by such committee that the public interest would be served by such disclosure. Whenever committee action is required to disclose any information under this section, the committee shall meet to vote on the matter within five days after any member of the committee requests such a vote. No member of the select committee shall disclose any information, the disclosure of which requires a committee vote, prior to a vote by the committee on the question of the disclosure of such information or after such vote except in accordance with this section.”

Of course he would actually have to get a majority vote in the Senate Intelligence Committee, which is pretty unlikely, which is why I think that invoking the Constitutionally granted Congressional immunity might be the way to go, though this would almost certainly get Wyden tossed of the Intel Committee.

Cell Phone Unlocking Legal Again

Following on the Senate’s lead, the House has passed a bill re-legalizing the abilities of consumers to unlock cell phones:

This afternoon, the House passed S. 517, the Unlocking Consumer Choice and Wireless Competition Act, under unanimous consent. The bill allows consumers to “unlock” their cell phones so they can take a phone with them from one service provider to another. The bill already passed in the Senate, and will now make its way to the President’s desk for signing.

The following can be attributed to Laura Moy, Staff Attorney at Public Knowledge:

“This important legislation responds to hundreds of thousands of Americans who signed petitions, called, and wrote to government leaders asking for the right to unlock devices they legally own.

“We are particularly grateful to Mr. Goodlatte, Mr. Conyers, and Ms. Lofgren for their work on this important issue and their willingness to find a compromise that works for their constituencies, as well as for the wireless industry and public interest groups like ours.

“This bill ensures that consumers will be able to do what they rightfully expect to be able to do with phones they have purchased: use them on whatever network they like. It protects consumers who unlock their devices from possible criminal and civil liability under an overreaching copyright law known as the Digital Millennium Copyright Act (DMCA), which was designed to protect copyright but has had enormous unintended consequences.

“Not only will this legislation deliver on consumers’ expectations that they can use devices they own the way they see fit, but it will have other positive effects as well. It will make it easier for consumers to switch from one provider to another, improving competition in the wireless market; it will improve the availability of free and low-cost secondhand phones for consumers who cannot afford to purchase new devices; and it will keep millions of devices out of landfills.

“This is also an important first step toward reforming the DMCA, which goes far beyond its original intent to protect copyright. Ms. Lofgren has introduced a bill that would go beyond phone unlocking to allow Americans to break any digital lock as long as they’re not violating copyright. This could apply to consumer products that all Americans use, ranging from cars to tractors to hearing aids. We hope the House will take up the Lofgren bill soon.”

The Library of Congress decided that unlocking cell phones should become illegal under the DMCA, and people’s heads exploded, because they were being told that they could not unlock cell phones that THEY owned.

BTW, the Lofgren bill that is mentioned would change Section 1201 of the DMCA by making it it only applies to attempted piracy, and not to people doing things unlocking their own phone:

New legislation sponsored by Zoe Lofgren (D-CA), Thomas Massie (R-KY), Anna Eshoo (D-CA), and Jared Polis (D-CO) takes a broader approach to the issue. In addition to explicitly legalizing cell phone unlocking, the Unlocking Technology Act of 2013 also modifies the DMCA to make clear that unlocking copy-protected content is only illegal if it’s done in order to “facilitate the infringement of a copyright.” If a circumvention technology is “primarily designed or produced for the purpose of facilitating noninfringing uses,” that would not be a violation of copyright.

For example, Lofgren’s bill would likely make it legal for consumers to rip DVDs for personal use in much the same way they’ve long ripped CDs. It would remove legal impediments to making versions of copyrighted works that are accessible to blind users. And it would ensure that car owners have the freedom to service their vehicles without running afoul of copyright law.

Here is hoping that the rent seekers of the IP debate don’t win.

Well Played

Have you heard the feud in the Senate between Senators Begich (D-AK) and McKiskill (D-MO)?

The language has gotten quite heated:

Sen. Mark Begich (D-AK), one of the more vulnerable Democrats in this fall’s midterm elections, was unusually harsh last week when he criticized his fellow Democrat, Sen. Claire McCaskill (D-MO), for scrutinizing the federal contracts of Alaska Native Corporations despite his “repeated attempts to reason with her.”

It was an uncharacteristically abrasive tone for Begich to strike with another Democrat. But in the context of his re-election race, it makes more sense. His campaign’s message has focused on Alaskan issues — like energy and fishing policy — and battling another Democrat is never a bad look for a Democrat in a otherwise red state.

Now a follow-up letter sent by Begich on Tuesday and the accompanying statement from McCaskill suggests that McCaskill, while legitimately pursuing an issue that she’s studied for six years, is also content to let Begich score a few political points at home.

Both sides win: McCaskill assumes the oversight role that the former state auditor relishes, and Begich gets to publicly fight on behalf of a popular program back home.

………

McCaskill’s office had previously declined to respond to Begich’s public rebuke. But asked by TPM about the letter, McCaskill called her colleague a “problem” in a prepared statement. Though, to Alaska’s voters, he might not sound like much of a problem at all.

“I’ve fought for six years to change the law in regard to Alaska Native Corporations,” she said in the statement. “There has consistently been one problem—Mark Begich. He single-handedly protects Alaska and the ANCs.”

McKaskill and Begich both win.

Begich gets points at home for fighting his own party for a program that benefits Alaskans, and McKaskill gets to present a facade of fiscal probity.

I believe that this called “Political Kabuki”.

I Think that the Worm is Turning on IP

Ten years ago, 90% of the population did not know what a patent troll was, and now popular effort sinks the nomination of a patent troll supporter to run the USPTO:

The Obama Administration has changed its mind over a plan to name pharmaceutical executive Phil Johnson as head of the U.S. Patent and Trademark Office, according to multiple sources. The reversal is a victory for the technology industry and other proponents of patent reform.

The plan to appoint Johnson surfaced in late June, and was met with outrage on social media, where critics claimed the choice reflected hypocrisy on the part of President Obama, who had called for fixes to the patent system in his January State of the Union address.

Johnson, a longtime attorney for Johnson & Johnson, was a controversial nominee in part because he helped lead opposition to a bipartisan bill, which died in May, that would have made it easier for companies to challenge bad patents and to seek legal fees from so-called “patent trolls.” He has also publicly scorned previous attempts to reform the patent system.

News of the White House’s decision to backtrack on the appointment came via a person close to the Administration, and was confirmed by several industry sources. The final decision to pull the plug may have occurred after Senator Chuck Schumer (D-NY) vocally declared his opposition to Johnson. Schumer, who was one of the authors of the failed reform bill, has regularly blasted the harm the current patent system is inflicting on start-ups and young companies.

It would have literally inconceivable that someone like Johnson would have been shot down by a bunch of people objecting to the legal fine points of the purpose of IP.

While IP protections have their place, are a form of rent seeking, and for a just and prosperous society, it behooves us to minimize the level of rent seeking to the absolute minimum level to encourage artistic and technological production (Article I, Section 8, Clause 8 of the United States Constitution).

This is baby steps, but if it is the start of a trend, it constitute a seismic shift from the (completely ahistorical, United States industry was built on IP appropriation) view that ever more expansive protections to IP are essential to economic well being.

Now if only we can convince the US Trade Rep to chill out.

Who Says That Irony is Dead?

Remember the now debunked story about Senator Bob Menendez and a Dominican Prostitute from Tucker Carlson’s so-called news site Daily Caller?

Well, it turns out that they were not making it all up. The Daily Caller was used as a stooge for an intelligence operation carried out by Cuba:

Sen. Robert Menendez is asking the Justice Department to pursue evidence obtained by U.S. investigators that the Cuban government concocted an elaborate plot to smear him with allegations that he cavorted with underage prostitutes, according to people familiar with the discussions.

In a letter sent to Justice Department officials, the senator’s attorney asserts that the plot was timed to derail the ­political rise of Menendez (D-N.J.), one of Washington’s most ardent critics of the Castro regime. At the time, Menendez was running for reelection and was preparing to assume the powerful chairmanship of the Senate Foreign Relations Committee.

According to a former U.S. official with firsthand knowledge of government intelligence, the CIA had obtained credible evidence, including Internet protocol addresses, linking Cuban agents to the prostitution claims and to efforts to plant the story in U.S. and Latin American media.

The alleged Cuba connection was laid out in an intelligence report provided last year to U.S. government officials and sent by secure cable to the FBI’s counterintelligence division, according to the former official and a second person with close ties to Menendez who had been briefed on the matter.

The intelligence information indicated that operatives from Cuba’s Directorate of Intelligence helped create a fake tipster using the name “Pete Williams,” according to the former official. The tipster told FBI agents and others he had information about Menendez participating in poolside sex parties with underage prostitutes while vacationing at the Dominican Republic home of Salomon Melgen, a wealthy eye doctor, donor and friend of the senator.

A spokesman for the Cuban Interests Section in Washington, which functions as the island’s U.S. diplomatic outpost, did not respond to requests for comment.

The allegations against Menendez erupted in public in November 2012, when the Daily Caller, a conservative Web site, quoted two Dominican women claiming Menendez had paid them for sex.

The FBI investigated the prostitution claims but was unable to corroborate them. Last year, three Dominican women who had initially claimed to reporters that they had been paid to have sex with Menendez recanted their story.

BTW, the inestimable Charlie Pierce notes some additional irony here.

You noticed the name of the source that misled Tucker Carlson and His Evil Minions?

Well, the name Pete Williams has a history:

And, it appears that the Cuban spooks may well have a more finely honed sense of humor than we previously have noticed. Once upon a time, a long time ago, there was a senator from New Jersey named Harrison Williams.Senator Williams was a Democrat of decent instincts,but he also was something of a grab-it-all and, one day, a phony Arab sheikh in the employ of the FBI dropped in on him with some money the sheikh said he’d like to share in exchange for Williams’s help in buying the output of a defunct titanium mine. This bit of American Hustle landed forced Williams to resign from the Senate and landed him in the federal sneezer for three years.

As it happens, because his given name was Harrison Arlington Williams, Jr., his friends all called the senator, “Pete.”

“Pete Williams.”

Well-played, Cuban spies. Very well-played indeed.

I think that I can authoritatively state that the schadenfreude drought is officially over.

Yes, Please Put the Democratic Party on the Right Side in the Battle Against Cable Company F%$#ery

House Democrats just submitted a bill to enforce net neutrality:

A group of Democrats in Congress have drafted a bill to bar the FCC from allowing “fast lane” prioritization deals.

Dubbed the “Online Competition and Consumer Choice Act,” the legislation would call on the FCC to ban carriers from making the paid prioritization deals in which content providers pay service providers to receive better connection speeds. Additionally, the bill would block service providers from prioritizing their own services.

“Americans are speaking loud and clear – they want an internet that is a platform for free expression and innovation, where the best ideas and services can reach consumers based on merit rather than based on a financial relationship with a broadband provider,” Senator Patrick Leahy (D-VT) said when announcing the bill.

“The Online Competition and Consumer Choice Act would protect consumers and support a free and open internet,” Leahy said.

The bill is being presented in the Senate and House by Leahy and congresswoman Doris Matsui (D-CA), and is being cosponsored by senator Al Franken (D-MN), congressman Henry Waxman (D-CA), and congresswoman Anna Eshoo(D-CA).

I don’t think that it can survive a Republican filibuster in the Senate, and it would never even get to the floor in the house, but this is no longer an obscure technical issue.

Thanks to John Oliver, this issue has a name, “Cable Company F%$#ery,” and everyone knows what that means.

They won’t get the legislation in this Congress, but it is an election winner.

I’m just hoping that if this ever makes it to be a vote, the Dems won’t water this down.

Because the IRS Cannot Make Campaign Donations, I Guess

A few years back, there was an experiment with allowing private contractors to go after people who owed taxes.

It was a failure, with abusive behavior, indifferent record keeping, higher costs, and lower performance, but the private debt collectors can make campaign donations, so the Senate is looking to bring back this clusterf%$#:

The Internal Revenue Service would be required to turn over millions of unpaid tax bills to private debt collectors under a measure before the Senate, reviving a program that has previously led to complaints of harassment and has not saved taxpayers money.

The provision was tucked into a larger bill, aimed at renewing an array of expired tax breaks, at the request of Sen. Charles E. Schumer (D-N.Y.), whose state is home to two of the four private collection agencies that stand to benefit from the proposal.

It requires all “inactive tax receivables” to be assigned to private debt collectors if the IRS cannot locate the person who owes the money or if IRS agents are unable to make contact within a year.

Some taxpayers would be spared the barrage of notices and phone calls, including innocent spouses, military members deployed to combat zones and people “identified as being deceased.”

But bereaved relatives could find themselves under siege for unpaid estate taxes under the proposal. So could people who incur a tax debt under the new Affordable Care Act — either because they owe a penalty for not buying health insurance or because the government was too generous in estimating the size of their health-care tax subsidy.

As the measure arrived on the Senate floor this week, Nina E. Olson, the nation’s taxpayer advocate, wrote a long letter to lawmakers, urging them to withdraw the proposal.

“Outsourcing the collection of federal tax debts is a bad idea,” she wrote. “It disproportionately impacts low-income and other vulnerable taxpayers, and despite two attempts [in the past] at making it work, the program has lost money both times, undermining the sole rationale for its existence.”

Moreover, “if debt collectors come to be seen as the public face” of President Obama’s health-care program, Olson wrote, “I am concerned that could make the IRS’s job” of administering the new health-insurance program “more difficult.”

But it’s back, like a bad penny.

Do you know why it is back? Because Schumer wants some local firms to to make money off the taxpayers, “$1.2 billion would be paid to the private debt collectors, potentially showering fresh cash on two companies based in Upstate New York: ConServe, of Fairport, and Pioneer Credit Recovery, of Arcade.”

To quote Declan Patrick Macmanus, “I used to be disgusted, now I try to be amused.”

The Onion to Shut Down and Lay off All Staff

In a joint press conference today, editor Cole Bolton and CEO Steve Hannah have announced that The Onion will be ceasing publication immediately immediately, with all staff made redundant, and all assets put up for sale.

Bolton, shaking his head sadly, announced that following the in response to the declaration by the campaign for former Massachusetts Senator Scott Brown for New Hampshire (this time) Senate that his opponent is, “A Senator from Massachusetts,” said that satire has been rendered obsolete by reality.

“I knew that it would be John Sununu who would destroy us,” said Bolton, the now former editor. “His continuous innovation in the area of unintentional self parody have always threatened us with obsolescence, and now he has finally made us completely irrelevant.”

John Sununu’s statement introducing Scott Brown at a campaign rally left the staff dumbstruck, with many in tears, even before the announced layoffs.

“We just gotta remind people that he’s coming back to his roots,” former New Hampshire Gov. John H. Sununu told me after the Portsmouth rally. Sununu, in case you have forgotten, was one of Romney’s most ubiquitous and delightfully crotchety fsurrogates during the presidential campaign in 2012. In true Sununu fashion, he not only defended Brown’s alleged Live Free or Die bona fides; he’s gone on the attack. To him, it is Shaheen, not Brown, who’s the real outsider.

“She votes with Elizabeth Warren. She votes with [Massachusetts Democratic Sen. Ed] Markey. She is the third senator from Massachusetts,” Sununu told supporters at the Portsmouth rally before introducing Brown. “Scott’s happiest days as a young man were in New Hampshire. … So it’s going to be great to have a senator that was born virtually in the state of New Hampshire. Jean Shaheen, by the way, was born in Missouri!”

Did you catch how Sununu cleverly described Brown as “virtually” born in New Hampshire? He was actually born in Maine, which for Brown’s campaign is close enough for government work and has the great advantage of being closer than Missouri and not being Massachusetts. It is also rather audacious to paint Shaheen as a “senator from Massachusetts,” since Brown quite literally was, and very much wanted to remain, a senator from Massachusetts.

In related news, the General Manager and Editor-In-Chief of The Onion‘s AV Club, Josh Modell has announced, “I got nothing,” that they will shut down their studio, and cease producing satirical films, and simply re-broadcast cable news stories.

If Any of General Michael Hayden’s Subordinates Have Stories About His Treatment of Women, I Would Love to Talk to You

Because, in response to the Senate Intelligence Committee’s decision to release their torture report, his response can best be summed up as, “Women be crazy,” which is a whole new level or repulsiveness by senior staff of our state security apparatus:

Former CIA and National Security Agency director Michael Hayden suggested Sunday that Senate Intelligence Committee Chairwoman Dianne Feinstein (D-Calif.) might have compromised the objectivity of a report on CIA interrogation techniques because she personally wants to change them.

On “Fox News Sunday,” Hayden cited comments Feinstein made last month in which she said declassifying the report would “ensure that an un-American, brutal program of detention and interrogation will never again be considered or permitted.”

Hayden suggested Feinstein feels too strongly about the issue on an “emotional” level.

“That sentence — that motivation for the report — may show deep, emotional feeling on the part of the senator, but I don’t think it leads you to an objective report,” Hayden said.

(emphasis mine)

Seriously, does anyone anywhere who cannot see this as a blatantly sexist attack?

What was it like for women under his command?  I’m thinking “boss from hell.”

It Now Gets Real for the Torturers

The Senate Intelligence Committee just voted to release the torture report:

The Senate Intelligence Committee has voted to release parts of a hotly contested, secret report that harshly criticizes CIA terror interrogations after 9/11, and the White House said it would instruct intelligence officials to cooperate fully.

The result sets the stage for what could be the fullest public accounting of the Bush administration’s record when it comes to waterboarding and other “enhanced interrogation techniques.” The panel voted 11-3 Thursday to order the declassification of almost 500 pages of the 6,300-page review, which concludes the harsh methods employed at CIA-run prisons overseas were excessively cruel and ineffective in producing valuable intelligence.

Even some Republicans who agree with the spy agency that the findings are inaccurate voted in favor of declassification, saying it was important for the country to move on.

“The purpose of this review was to uncover the facts behind the secret program and the results, I think, were shocking,” Sen. Dianne Feinstein, D-Calif., the committee chairwoman, said. “The report exposes brutality that stands in sharp contrast to our values as a nation. It chronicles a stain on our history that must never be allowed to happen again. This is not what Americans do.”

The intelligence committee and the CIA are embroiled in a bitter dispute related to the three-year study. Senators accuse the agency of spying on their investigation and deleting files. The CIA says Senate staffers illegally accessed information. The Justice Department is reviewing competing criminal referrals.

As a result of Thursday’s vote, the CIA will start scanning the report’s contents for any passages that could compromise national security. That has led to fears in the committee that a recalcitrant CIA might sanitize key elements of their investigation, and demands for President Barack Obama to ensure large parts of the report aren’t blacked out.

Obama, said Sen. Mark Udall, D-Colo., should “hold onto the redaction pen himself.”

The CIA’s strategy at this point is delay and obfuscate while leaking furiously to malign the report.

If I were a Senator, I remember that if it takes too long, reading the high points of the report on the floor of the Senate is a constitutionally protected activity.

Maybe Because They do not Want to be Revealed as Sociopathic Sadists?

This would explain why the CIA has consistently lied about both the effectiveness and the extent of its torture program:

A report by the Senate Intelligence Committee concludes that the CIA misled the government and the public about aspects of its brutal interrogation program for years — concealing details about the severity of its methods, overstating the significance of plots and prisoners, and taking credit for critical pieces of intelligence that detainees had in fact surrendered before they were subjected to harsh techniques.

The report, built around detailed chronologies of dozens of CIA detainees, documents a long-standing pattern of unsubstantiated claims as agency officials sought permission to use — and later tried to defend — excruciating interrogation methods that yielded little, if any, significant intelligence, according to U.S. officials who have reviewed the document.

“The CIA described [its program] repeatedly both to the Department of Justice and eventually to Congress as getting unique, otherwise unobtainable intelligence that helped disrupt terrorist plots and save thousands of lives,” said one U.S. official briefed on the report. “Was that actually true? The answer is no.”

Current and former U.S. officials who described the report spoke on the condition of anonymity because of the sensitivity of the issue and because the document remains classified. The 6,300-page report includes what officials described as damning new disclosures about a sprawling network of secret detention facilities, or “black sites,” that was dismantled by President Obama in 2009.

Classified files reviewed by committee investigators reveal internal divisions over the interrogation program, officials said, including one case in which CIA employees left the agency’s secret prison in Thailand after becoming disturbed by the brutal measures being employed there. The report also cites cases in which officials at CIA headquarters demanded the continued use of harsh interrogation techniques even after analysts were convinced that prisoners had no more information to give.

(emphasis mine)

Also, the techniques used were far worse than previously revealed.

We now understand why the CIA has bee pushing back against the Senate Intelligence Committee. 

It’s one thing to argue that it was a necessary evil that yielded results, it’s another that the policies were prosecuted out of nothing more than a sadistic need to prove how macho they are.

Truth be told, I am not surprised.  This sort of narcissistic cruelty is something that I would expect to have originated from the mind of one Richard Bruce Cheney.

The problem is that for the entire Bush-Cheney years, being a sadistic torturer, or at least pretending to be one, was the only way for advancement in the CIA, and Obama has done nothing to clean house since then.

This means that the upper echelons of the CIA need to cover up this at all cost, or they will be sidelined.

Torture comes home, nu?

I am Not Sure If It’s That He’s Got Brains or Balls

In the end, it does not matter.

Senator Mark Begich has decided to ignore the inside the beltway consensus, and campaign on expanding Social Security:

Senator Mark Begich of Alaska is embroiled in one of the toughest reelection fights in the country. His solution, in part: To campaign on a proposal that’s far outside the mainstream of what appears to constitute respectable Beltway discourse on entitlements.

That would be the idea of expanding Social Security benefits, rather than cutting them.

Senator Begich is one of a small but growing group of Democratic lawmakers who support the idea of lifting or changing the payroll tax cap, so higher earners pay more, while adopting a new measure for inflation that would increase benefits for all seniors. This is in contrast to the “Chained CPI” proposal that would use an index leading to a benefits cut, which Obama has championed. The idea behind expanding benefits is that large percentages of seniors’ income goes to costs that have risen faster than inflation, like medical care and housing.

Dems have been perhaps overly willing to get drawn on to GOP austerity turf by debating spending cuts. But Begich makes a startling suggestion: Talking about expanding Social Security benefits is good politics for Dems.

It’s also good policy.

Pete Peterson has spent hundreds of millions of dollars to sell the lie that real men cut grandma’s pension, and the bought and paid courtier class inside the Beltway function as his amplifier.

To quote Dwight David Eisenhower:

Should any political party attempt to abolish social security, unemployment insurance, and eliminate labor laws and farm programs, you would not hear of that party again in our political history. There is a tiny splinter group, of course, that believes you can do these things. Among them are H. L. Hunt (you possibly know his background), a few other Texas oil millionaires, and an occasional politician or business man from other areas. Their number is negligible and they are stupid.

The mania in DC for cutting Social Security is just plain nuts, and the more Democrats who get that, the better.

Barack Obama, What’s Your F%$#ing Problem?

OK, we now know that the CIA is accused of spying on and breaking into Congressional computers. We also know, thanks to Dan Froomkin, that John Brennan wrote a letter admitting that they hacked into the Senate staffers’ computers:

Brennan, in his own remarks after Feinstein’s speech on Tuesday, vaguely ridiculed allegations of CIA “hacking” and said that “when the facts come out on this, I think a lot of people who are claiming that there has been this tremendous sort of spying and monitoring and hacking will be proved wrong.” But nothing he said actually disputed Feinstein’s version of events.

And as Michael Masnick reported for Techdirt, a January 27 letter to Feinstein that Brennan  sent out to CIA staff on Tuesday actually confirmed the search, though Brennan described it — and the need for it — in the context of concern about a security breach:

Because we were concerned that there may be a breach or vulnerability in the system for housing highly classified documents, CIA conducted a limited review to determine whether these files were located on the SSCI [Senate Select Committee on Intelligence] side of the CIA network and reviewed audit data to determine whether anyone had accessed the files, which would have been unauthorized.

And he said he wasn’t done. “Only completion of the security review will answer how SSCI staff came into possession of the documents,” he wrote, saying that he had only “temporarily” suspended further action until getting Feinstein’s consent.

The “breach” in question concerned the committee staff’s possession of an internal CIA review of the materials the agency had previously turned over to Feinstein’s committee during the course of the four-year congressional investigation into the Bush-era torture practices.

What is Barack Obama’s response?  Abuses by the CIA are someone else’s problem:

Barack Obama sought to distance the White House from the fierce dispute between top senators and the Central Intelligence Agency on Wednesday, claiming it would be inappropriate for his administration to become involved the clash over an investigation into the use of torture in post-9/11 interrogations.

In the president’s first remarks about the dispute since Dianne Feinstein, the chairwoman of the Senate intelligence accused the CIA of a cover-up and intimidation directed at her staff, Obama said it was not a matter for the White House to “wade into at this point”.

This is something that you don’t “wade into at this point”?  Seriously?  How can this not be a matter that you need to “wade into at this point”?

You are the HMFIC.*  Do your F%$#ing job, and take charge!

The chief counsel of the CIA’s review of the Senate report is a subject of the investigation whose name is mentioned 1600 times.

This person also attempted to intimidate Senate staffers by filing a bogus criminal complaint.

And the head of the CIA, John Brennan is saying that everything is hunky-dory.

You are F%$#ing President of the F%$#ing United States of F%$#ing America.  How the F%$ is this not your F%$#ing job?

I don’t care how F%$#ing awsome you F%$#ing think you F%$#ing are, your mere existence does not constitute the “Hope” or the “Change” that have figured so prominently in your messaging.

Why the f%$# did you run to be President if you somehow don’t think that this this is not your f%$#ing job?

*Head Mother F%$#er In Charge.

We Now Get the Chance to See How Much Corruption Barack Obama will Tolerate in the State Security Apparatus

We have know that the President tolerated it when Director of National Intelligence James Clapper blatantly and unashamedly lied to Congress, but this is a much bigger deal.

Dianne Feinstein* just took to the floor of the Senate and accused the CIA of obstructing a senate investigation and attempting to intimidate the Senate Intelligence Committee Staff:

The chairwoman of the Senate intelligence committee, Dianne Feinstein, on Tuesday accused the Central Intelligence Agency of a catalogue of cover-ups, intimidation and smears aimed at investigators probing its role in an “un-American and brutal” programme of post-9/11 detention and interrogation.

In a bombshell statement on the floor of the US Senate, Feinstein, normally an administration loyalist, accused the CIA of potentially violating the US constitution and of criminal activity in its attempts to obstruct her committee’s investigations into the agency’s use of torture. She described the crisis as a “defining moment” for political oversight of the US intelligence service.

Her unprecedented public assault on the CIA represented an intensification of the row between the committee and the agency over a still-secret report on the torture of terrorist suspects after 9/11.

Feinstein, who said she was making her statement “reluctantly”, confirmed recent reports that CIA officials had been accused of monitoring computer networks used by Senate staff investigators. Going further than previously, she referred openly to recent attempts by the CIA to remove documents from the network detailing evidence of torture that would incriminate intelligence officers.

She also alleged that anonymous CIA officials were effectively conducting a smear campaign in the media to discredit and “intimidate” Senate staff by suggesting they had hacked into the agency’s computers to obtain a separate, critical internal report on the detention and interrogation programme.

While it is tempting to focus on the obvious irony of Feinstein’s outrage in the face of her previous full throated support of intellligence excesses, as Edward Snowden does, this is a much bigger issue.

If what Feinstein alleges is true, and I am inclined to believe it because it is a statement against her normal interests, which is as a CIA fanboi, it lends credibility.

Going over her speech, here is what she presents:

  • The Senate Intelligence Committee demanded that all relevant documents be turned over to them so that they might be able to investigate the CIA’s torture program.
  • The CIA balked, and so the committee and then CIA Director Leon Panetta negotiated an arrangement whereby the staff would access these documents at a CIA secured facility.  Here is the relevant quote:

Per an exchange of letters in 2009, then-Vice Chairman Bond, then-Director Panetta, and I agreed in an exchange of letters that the CIA was to provide a “stand-alone computer system” with a “network drive” “segregated from CIA networks” for the committee that would only be accessed by information technology personnel at the CIA—who would “not be permitted to” “share information from the system with other [CIA] personnel, except as otherwise authorized by the committee.”

  • Unsurprisingly, the CIA provided the documents without any sort of index or any search facility, though one was later added at Senate requests
  • It was this computer system that the CIA searched, in contravention of their agreement.
  • The CIA also insisted on additional multiple level levels of review that were not a part of the agreement.
  • When the staff found something relevant, they would save it to disk at the securely located computer, or print it out.
  • The staff found that documents that they had flagged as important were disappearing.
  • The CIA denied this, then blamed the IT staffers, and finally claimed that this was ordered by the White House, who denied this, and ordered the CIA to cooperate, “The matter was resolved with a renewed commitment from the White House Counsel, and the CIA, that there would be no further unauthorized access to the committee’s network or removal of access to CIA documents already provided to the committee.
  • In 2010, the staff found a draft of the “Internal Panetta Review,” an internal review that Panetta commissioned by on torture that demolished the official CIA response to the (as yet unreleased) Senate report.  It specifically contradicted the official report in a number of ways, most notably:
    • The practices were far more brutal that officially revealed.
    • There was no meaningful intelligence derived from torture
  • Because of the importance of the document, it mirrored the Senate Committee conclusions, the staff printed it out for safe keeping, and placed it in the secure safe in the Senate Intelligence Committee Offices.  This was done in accordance with the document handling procedures agreed between the CIA and Intel Committee.
  • The CIA then disappeared the Panetta report from the Senate staffers computers.
  • The CIA has still refused to supply the Panetta Review to the Senate.
  • On January 15, 2014, “CIA personnel had conducted a “search”—that was John Brennan’s word—of the committee computers at the offsite facility. This search involved not only a search of documents provided to the committee by the CIA, but also a search of the ”stand alone” and “walled-off” committee network drive containing the committee’s own internal work product and communications.”
    • Note that even if this does not qualify as obstructing a Congressional investigation (I think that it does), it is a violation of the law for the CIA to conduct surveillance in the US   If they needed to search the computers (assuming that Congressional immunity does not apply) they would have to go the the FBI. (Which they must have hated)
  • The CIA has refused to provide additional details on the scope of the search, which, “May also have violated the Fourth Amendment, the Computer Fraud and Abuse Act, as well as Executive Order 12333, which prohibits the CIA from conducting domestic searches or surveillance.”
  • The CIA’s Inspector General looked at the searches done by the CIA, and concluded that they needed to be investigated criminally, and made a referral to the DoJ.
  • In response, the acting general counsel of the CIA made a criminal referral of the Senate staffers to the DOJ.

Here is the money quote:

I should note that for most, if not all, of the CIA’s Detention and Interrogation Program, the now acting general counsel was a lawyer in the CIA’s Counterterrorism Center—the unit within which the CIA managed and carried out this program. From mid-2004 until the official termination of the detention and interrogation program in January 2009, he was the unit’s chief lawyer. He is mentioned by name more than 1,600 times in our study.

And now this individual is sending a crimes report to the Department of Justice on the actions of congressional staff—the same congressional staff who researched and drafted a report that details how CIA officers—including the acting general counsel himself—provided inaccurate information to the Department of Justice about the program.

(emphasis mine)

While Feinstein does not mention the counsel’s name, it is public knowledge that the CIA’s acting general counsel is Robert Eatinger, who among other things, Authorized the Destruction of the CIA Torture Tapes Against the Instructions of the Bush White House and the Director of National Intelligence.

The White House response is a a statement of, “Great Confidence,” in CIA director John Brennan.  So Obama wants to keep this guy.

As I have said before, the worst constitutional law professor ever.

I expect further stonewalling on the part of both the CIA and the Obama administration.

What should happen is that Eatinger should be placed on leave, and his security clearance should be suspended, but I imagine that he will continue to do damage to the Constitution of the United States, and then he will retire with a full pension.

*Full disclosure, my great grandfather, Harry Goldman, and her grandfather, Sam Goldman were brothers.

Full speech follows:

Statement on Intel Committee’s CIA Detention, Interrogation Report

Washington—Senate Intelligence Committee Chairman Dianne Feinstein (D-Calif.) today spoke on the Senate floor regarding the committee’s study on the CIA Detention and Interrogation Program:

“Over the past week, there have been numerous press articles written about the Intelligence Committee’s oversight review of the Detention and Interrogation Program of the CIA, specifically press attention has focused on the CIA’s intrusion and search of the Senate Select Committee’s computers as well as the committee’s acquisition of a certain internal CIA document known as the Panetta Review.

I rise today to set the record straight and to provide a full accounting of the facts and history.

Let me say up front that I come to the Senate Floor reluctantly. Since January 15, 2014, when I was informed of the CIA’s search of this committee’s network, I have been trying to resolve this dispute in a discreet and respectful way. I have not commented in response to media requests for additional information on this matter. However, the increasing amount of inaccurate information circulating now cannot be allowed to stand unanswered.

The origin of this study: The CIA’s detention and interrogation program began operations in 2002, though it was not until September 2006, that Members of the Intelligence Committee, other than the Chairman and Vice Chairman, were briefed. In fact, we were briefed by then-CIA Director Hayden only hours before President Bush disclosed the program to the public.

A little more than a year later, on December 6, 2007, a New York Times article revealed the troubling fact that the CIA had destroyed videotapes of some of the CIA’s first interrogations using so-called “enhanced techniques.” We learned that this destruction was over the objections of President Bush’s White House Counsel and the Director of National Intelligence.

After we read about the tapes’ destruction in the newspapers, Director Hayden briefed the Senate Intelligence Committee. He assured us that this was not destruction of evidence, as detailed records of the interrogations existed on paper in the form of CIA operational cables describing the detention conditions and the day-to-day CIA interrogations.

The CIA director stated that these cables were “a more than adequate representation” of what would have been on the destroyed tapes. Director Hayden offered at that time, during Senator Jay Rockefeller’s chairmanship of the committee, to allow Members or staff to review these sensitive CIA operational cables given that the videotapes had been destroyed.

Chairman Rockefeller sent two of his committee staffers out to the CIA on nights and weekends to review thousands of these cables, which took many months. By the time the two staffers completed their review into the CIA’s early interrogations in early 2009, I had become chairman of the committee and President Obama had been sworn into office.

The resulting staff report was chilling. The interrogations and the conditions of confinement at the CIA detention sites were far different and far more harsh than the way the CIA had described them to us. As result of the staff’s initial report, I proposed, and then-Vice Chairman Bond agreed, and the committee overwhelmingly approved, that the committee conduct an expansive and full review of CIA’s detention and interrogation program.

On March 5, 2009, the committee voted 14-1 to initiate a comprehensive review of the CIA Detention and Interrogation Program. Immediately, we sent a request for documents to all relevant executive branch agencies, chiefly among them the CIA.

The committee’s preference was for the CIA to turn over all responsive documents to the committee’s office, as had been done in previous committee investigations.

Director Panetta proposed an alternative arrangement: to provide literally millions of pages of operational cables, internal emails, memos, and other documents pursuant to the committee’s document requests at a secure location in Northern Virginia. We agreed, but insisted on several conditions and protections to ensure the integrity of this congressional investigation.

Per an exchange of letters in 2009, then-Vice Chairman Bond, then-Director Panetta, and I agreed in an exchange of letters that the CIA was to provide a “stand-alone computer system” with a “network drive” “segregated from CIA networks” for the committee that would only be accessed by information technology personnel at the CIA—who would “not be permitted to” “share information from the system with other [CIA] personnel, except as otherwise authorized by the committee.”

It was this computer network that, notwithstanding our agreement with Director Panetta, was searched by the CIA this past January, and once before which I will later describe.

In addition to demanding that the documents produced for the committee be reviewed at a CIA facility, the CIA also insisted on conducting a multi-layered review of every responsive document before providing the document to the committee. This was to ensure the CIA did not mistakenly provide documents unrelated to the CIA’s Detention and Interrogation Program or provide documents that the president could potentially claim to be covered by executive privilege.

While we viewed this as unnecessary and raised concerns that it would delay our investigation, the CIA hired a team of outside contractors—who otherwise would not have had access to these sensitive documents—to read, multiple times, each of the 6.2 million pages of documents produced, before providing them to fully-cleared committee staff conducting the committee’s oversight work. This proved to be a slow and very expensive process.

The CIA started making documents available electronically to the committee staff at the CIA leased facility in mid-2009. The number of pages ran quickly to the thousands, tens of thousands, the hundreds of thousands, and then into the millions. The documents that were provided came without any index, without organizational structure. It was a true “document dump” that our committee staff had to go through and make sense of.

In order to piece together the story of the CIA’s detention and interrogation program, the committee staff did two things that will be important as I go on:

First, they asked the CIA to provide an electronic search tool so they could locate specific relevant documents for their search among the CIA-produced documents—just like you would use a search tool on the Internet to locate information.

Second, when the staff found a document that was particularly important or that might be referenced in our final report, they would often print it or make a copy of the file on their computer so they could easily find it again. There are thousands of such documents in the committee’s secure spaces at the CIA facility.

Now, prior removal of documents by CIA. In early 2010, the CIA was continuing to provide documents, and the committee staff was gaining familiarity with the information it had already received.

In May of 2010, the committee staff noticed that [certain] documents that had been provided for the committee’s review were no longer accessible. Staff approached the CIA personnel at the offsite location, who initially denied that documents had been removed. CIA personnel then blamed information technology personnel, who were almost all contractors, for removing the documents themselves without direction or authority. And then the CIA stated that the removal of the documents was ordered by the White House. When the committee approached the White House, the White House denied giving the CIA any such order.

After a series of meetings, I learned that on two occasions, CIA personnel electronically removed committee access to CIA documents after providing them to the committee. This included roughly 870 documents or pages of documents that were removed in February 2010, and secondly roughly another 50 were removed in mid-May 2010.

This was done without the knowledge or approval of committee members or staff, and in violation of our written agreements. Further, this type of behavior would not have been possible had the CIA allowed the committee to conduct the review of documents here in the Senate. In short, this was the exact sort of CIA interference in our investigation that we sought to avoid at the outset.

I went up to the White House to raise this issue with the then-White House Counsel, in May 2010. He recognized the severity of the situation, and the grave implications of Executive Branch personnel interfering with an official congressional investigation. The matter was resolved with a renewed commitment from the White House Counsel, and the CIA, that there would be no further unauthorized access to the committee’s network or removal of access to CIA documents already provided to the committee.

On May 17, 2010, the CIA’s then-director of congressional affairs apologized on behalf of the CIA for removing the documents. And that, as far as I was concerned, put the incident aside.

This event was separate from the documents provided that were part of the “Internal Panetta Review,” which occurred later and which I will describe next.

At some point in 2010, committee staff searching the documents that had been made available found draft versions of what is now called the “Internal Panetta Review.”

We believe these documents were written by CIA personnel to summarize and analyze the materials that had been provided to the committee for its review. The Panetta review documents were no more highly classified than other information we had received for our investigation—in fact, the documents appeared to be based on the same information already provided to the committee.

What was unique and interesting about the internal documents was not their classification level, but rather their analysis and acknowledgement of significant CIA wrongdoing.

To be clear, the committee staff did not “hack” into CIA computers to obtain these documents as has been suggested in the press. The documents were identified using the search tool provided by the CIA to search the documents provided to the committee.

We have no way to determine who made the Internal Panetta Review documents available to the committee. Further, we don’t know whether the documents were provided intentionally by the CIA, unintentionally by the CIA, or intentionally by a whistle-blower.

In fact, we know that over the years—on multiple occasions—the staff have asked the CIA about documents made available for our investigation. At times, the CIA has simply been unaware that these specific documents were provided to the committee. And while this is alarming, it is also important to note that more than 6.2 million pages of documents have been provided. This is simply a massive amount of records.

As I described earlier, as part of its standard process for reviewing records, the committee staff printed copies of the Internal Panetta Review and made electronic copies of the committee’s computers at the facility.

The staff did not rely on these Internal Panetta Review documents when drafting the final 6,300-page committee study. But it was significant that the Internal Panetta Review had documented at least some of the very same troubling matters already uncovered by the committee staff – which is not surprising, in that they were looking at the same information.

There is a claim in the press and elsewhere that the markings on these documents should have caused the staff to stop reading them and turn them over to the CIA. I reject that claim completely.

As with many other documents provided to the committee at the CIA facility, some of the Internal Panetta Review documents—some—contained markings indicating that they were “deliberative” and/or “privileged.” This was not especially noteworthy to staff. In fact, CIA has provided thousands of internal documents, to include CIA legal guidance and talking points prepared for the CIA director, some of which were marked as being deliberative or privileged.

Moreover, the CIA has officially provided such documents to the committee here in the Senate. In fact, the CIA’s official June 27, 2013, response to the committee study, which Director Brennan delivered to me personally, is labeled “Deliberative Process Privileged Document.”

We have discussed this with the Senate Legal Counsel who has confirmed that Congress does not recognize these claims of privilege when it comes to documents provided to Congress for our oversight duties.

These were documents provided by the executive branch pursuant to an authorized congressional oversight investigation. So we believe we had every right to review and keep the documents.

There are also claims in the press that the Internal Panetta Review documents, having been created in 2009 and 2010, were outside the date range of the committee’s document request or the terms of the committee study. This too is inaccurate.

The committee’s document requests were not limited in time. In fact, as I have previously announced, the committee study includes significant information on the May 2011 Osama bin Laden operation, which obviously postdated the detention and interrogation program.

At some time after the committee staff identified and reviewed the Internal Panetta Review documents, access to the vast majority of them was removed by the CIA. We believe this happened in 2010 but we have no way of knowing the specifics. Nor do we know why the documents were removed. The staff was focused on reviewing the tens of thousands of new documents that continued to arrive on a regular basis.

Our work continued until December 2012, when the Intelligence Committee approved a 6,300-page committee study of the CIA’s Detention and Interrogation Program and sent the report to the executive branch for comment. The CIA provided its response to the study on June 27, 2013.

As CIA Director Brennan has stated, the CIA officially agrees with some of our study. But, as has been reported, the CIA disagrees and disputes important parts of it. And this is important: Some of these important parts that the CIA now disputes in our committee study are clearly acknowledged in the CIA’s own Internal Panetta Review.

To say the least, this is puzzling. How can the CIA’s official response to our study stand factually in conflict with its own Internal Review?

Now, after noting the disparity between the official CIA response to the committee study and the Internal Panetta Review, the committee staff securely transported a printed portion of the draft Internal Panetta Review from the committee’s secure room at the CIA-leased facility to the secure committee spaces in the Hart Senate Office Building.

And let me be clear about this: I mentioned earlier the exchange of letters that Senator Bond and I had with Director Panetta in 2009 over the handling of information for this review. The letters set out a process whereby the committee would provide specific CIA documents to CIA reviewers before bringing them back to our secure offices here on Capitol Hill.

The CIA review was designed specifically to make sure that committee documents available to all staff and members did not include certain kinds of information, most importantly the true names of non-supervisory CIA personnel and the names of specific countries in which the CIA operated detention sites.

We had agreed up front that our report didn’t need to include this information, and so we agreed to redact it from materials leaving the CIA’s facility.

Keeping with the spirit of the agreements, the portion of the Internal Panetta Review at the Hart Building in our safe has been redacted. It does not contain names of non-supervisory CIA personnel or information identifying detention site locations. In other words, our staff did just what the CIA personnel would have done had they reviewed the document.

There are several reasons why the draft summary of the Panetta Review was brought to our secure spaces at the Hart Building.

Let me list them:

The significance of the Internal Review given disparities between it and the June 2013 CIA response to the committee study. The Internal Panetta Review summary now at the secure committee office in the Hart Building is an especially significant document as it corroborates critical information in the committee’s 6,300-page Study that the CIA’s official response either objects to, denies, minimizes, or ignores.

Unlike the official response, these Panetta Review documents were in agreement with the committee’s findings. That’s what makes them so significant and important to protect.

When the Internal Panetta Review documents disappeared from the committee’s computer system, this suggested once again that the CIA had removed documents already provided to the committee, in violation of CIA agreements and White House assurances that the CIA would cease such activities.

As I have detailed, the CIA has previously withheld and destroyed information about its Detention and Interrogation Program, including its decision in 2005 to destroy interrogation videotapes over the objections of the Bush White House and the Director of National Intelligence. Based on the information described above, there was a need to preserve and protect the Internal Panetta Review in the committee’s own secure spaces.

Now, the Relocation of the Internal Panetta Review was lawful and handled in a manner consistent with its classification. No law prevents the relocation of a document in the committee’s possession from a CIA facility to secure committee offices on Capitol Hill. As I mentioned before, the document was handled and transported in a manner consistent with its classification, redacted appropriately, and it remains secured—with restricted access—in committee spaces.

In late 2013, I requested in writing that the CIA provide a final and complete version of the Internal Panetta Review to the committee, as opposed to the partial document the committee currently possesses.

In December, during an open committee hearing, Senator Mark Udall echoed this request. In early January 2014, the CIA informed the committee it would not provide the Internal Panetta Review to the committee, citing the deliberative nature of the document.

Shortly thereafter, on January 15, 2014, CIA Director Brennan requested an emergency meeting to inform me and Vice Chairman Chambliss that without prior notification or approval, CIA personnel had conducted a “search”—that was John Brennan’s word—of the committee computers at the offsite facility. This search involved not only a search of documents provided to the committee by the CIA, but also a search of the ”stand alone” and “walled-off” committee network drive containing the committee’s own internal work product and communications.

According to Brennan, the computer search was conducted in response to indications that some members of the committee staff might already have had access to the Internal Panetta Review. The CIA did not ask the committee or its staff if the committee had access to the Internal Review, or how we obtained it.

Instead, the CIA just went and searched the committee’s computers. The CIA has still not asked the committee any questions about how the committee acquired the Panetta Review. In place of asking any questions, the CIA’s unauthorized search of the committee computers was followed by an allegation—which we have now seen repeated anonymously in the press—that the committee staff had somehow obtained the document through unauthorized or criminal means, perhaps to include hacking into the CIA’s computer network.

As I have described, this is not true. The document was made available to the staff at the offsite facility, and it was located using a CIA-provided search tool running a query of the information provided to the committee pursuant to its investigation.

Director Brennan stated that the CIA’s search had determined that the committee staff had copies of the Internal Panetta Review on the committee’s “staff shared drive” and had accessed them numerous times. He indicated at the meeting that he was going to order further “forensic” investigation of the committee network to learn more about activities of the committee’s oversight staff.

Two days after the meeting, on January 17, I wrote a letter to Director Brennan objecting to any further CIA investigation due to the separation of powers constitutional issues that the search raised. I followed this with a second letter on January 23 to the director, asking 12 specific questions about the CIA’s actions—questions that the CIA has refused to answer.

Some of the questions in my letter related to the full scope of the CIA’s search of our computer network. Other questions related to who had authorized and conducted the search, and what legal basis the CIA claimed gave it authority to conduct the search. Again, the CIA has not provided answers to any of my questions.

My letter also laid out my concern about the legal and constitutional implications of the CIA’s actions. Based on what Director Brennan has informed us, I have grave concerns that the CIA’s search may well have violated the separation of powers principles embodied in the United States Constitution, including the Speech and Debate clause. It may have undermined the constitutional framework essential to effective congressional oversight of intelligence activities or any other government function.

I have asked for an apology and a recognition that this CIA search of computers used by its oversight committee was inappropriate. I have received neither.

Besides the constitutional implications, the CIA’s search may also have violated the Fourth Amendment, the Computer Fraud and Abuse Act, as well as Executive Order 12333, which prohibits the CIA from conducting domestic searches or surveillance.

Days after the meeting with Director Brennan, the CIA inspector general, David Buckley, learned of the CIA search and began an investigation into CIA’s activities. I have been informed that Mr. Buckley has referred the matter to the Department of Justice given the possibility of a criminal violation by CIA personnel.

Let me note: because the CIA has refused to answer the questions in my January 23 letter, and the CIA inspector general review is ongoing, I have limited information about exactly what the CIA did in conducting its search.

Weeks later, I was also told that after the inspector general referred the CIA’s activities to the Department of Justice, the acting general counsel of the CIA filed a crimes report with the Department of Justice concerning the committee staff’s actions. I have not been provided the specifics of these allegations or been told whether the department has initiated a criminal investigation based on the allegations of the CIA’s acting general counsel.

As I mentioned before, our staff involved in this matter have the appropriate clearances, handled this sensitive material according to established procedures and practice to protect classified information, and were provided access to the Panetta Review by the CIA itself. As a result, there is no legitimate reason to allege to the Justice Department that Senate staff may have committed a crime. I view the acting general counsel’s referral as a potential effort to intimidate this staff—and I am not taking it lightly.

I should note that for most, if not all, of the CIA’s Detention and Interrogation Program, the now acting general counsel was a lawyer in the CIA’s Counterterrorism Center—the unit within which the CIA managed and carried out this program. From mid-2004 until the official termination of the detention and interrogation program in January 2009, he was the unit’s chief lawyer. He is mentioned by name more than 1,600 times in our study.

And now this individual is sending a crimes report to the Department of Justice on the actions of congressional staff—the same congressional staff who researched and drafted a report that details how CIA officers—including the acting general counsel himself—provided inaccurate information to the Department of Justice about the program.

Mr. President, let me say this. All Senators rely on their staff to be their eyes and ears and to carry out our duties. The staff members of the Intelligence Committee are dedicated professionals who are motivated to do what is best for our nation.

The staff members who have been working on this study and this report have devoted years of their lives to it—wading through the horrible details of a CIA program that never, never, never should have existed. They have worked long hours and produced a report unprecedented in its comprehensive attention to detail in the history of the Senate.

They are now being threatened with legal jeopardy, just as the final revisions to the report are being made so that parts of it can be declassified and released to the American people.

Mr. President, I felt that I needed to come to the floor today, to correct the public record and to give the American people the facts about what the dedicated committee staff have been working so hard for the last several years as part of the committee’s investigation.

I also want to reiterate to my colleagues my desire to have all updates to the committee report completed this month and approved for declassification. We’re not going to stop. I intend to move to have the findings, conclusions and the executive summary of the report sent to the president for declassification and release to the American people. The White House has indicated publicly and to me personally that it supports declassification and release.

If the Senate can declassify this report, we will be able to ensure that an un-American, brutal program of detention and interrogation will never again be considered or permitted.

But Mr. President, the recent actions that I have just laid out make this a defining moment for the oversight of our Intelligence Community. How Congress responds and how this is resolved will show whether the Intelligence Committee can be effective in monitoring and investigating our nation’s intelligence activities, or whether our work can be thwarted by those we oversee.

I believe it is critical that the committee and the Senate reaffirm our oversight role and our independence under the Constitution of the United States.”

That’s Mighty White of You

After much consideration, the CIA has admitted that it is supposed to follow the law:

The CIA has confirmed that it is obliged to follow a federal law barring the collection of financial information and hacking into government data networks.

But neither the agency nor its Senate overseers will say what, if any, current, recent or desired activities the law prohibits the CIA from performing – particularly since a section of the law explicitly carves out an exception for “lawfully authorized” intelligence activities.

The murky episode, arising from a public Senate hearing on intelligence last week, illustrates what observers call the frustrations inherent in getting even basic information about secret agencies into public view, a difficulty recently to the fore over whistleblower Edward Snowden’s revelations about the National Security Agency (NSA) and its surveillance partners.

Last Wednesday, in a brief exchange at the hearing, Senator Ron Wyden, an Oregon Democrat, asked CIA director John Brennan if the agency is subject to the Computer Fraud and Abuse Act, a three-decade-old law intended to protect computer systems, like those of financial and government networks, from unauthorized access.

Brennan demurred, citing the need to check on the legal complexities posed by Wyden’s question, and pledged to give the senator an answer within a week.

The answer, agency spokesman Dean Boyd told the Guardian, is: “Yes, the statute applies to CIA.”

That was about a month ago.

Well, today, we discovered what this was all about.

It turns out that the CIA was spying on the Congressional investigation of ……… wait for it ……… the CIA:

The CIA Inspector General’s Office has asked the Justice Department to investigate allegations of malfeasance at the spy agency in connection with a yet-to-be released Senate Intelligence Committee report into the CIA’s secret detention and interrogation program, McClatchy has learned.

The criminal referral may be related to what several knowledgeable people said was CIA monitoring of computers used by Senate aides to prepare the study. The monitoring may have violated an agreement between the committee and the agency.

The development marks an unprecedented breakdown in relations between the CIA and its congressional overseers amid an extraordinary closed-door battle over the 6,300-page report on the agency’s use of waterboarding and harsh interrogation techniques on suspected terrorists held in secret overseas prisons. The report is said to be a searing indictment of the program. The CIA has disputed some of the reports findings.

………

The committee determined earlier this year that the CIA monitored computers – in possible violation of an agreement against doing so – that the agency had provided to intelligence committee staff in a secure room at CIA headquarters that the agency insisted they use to review millions of pages of top-secret reports, cables and other documents, according to people with knowledge.

Sen. Ron Wyden, D-Oregon, a panel member, apparently was referring to the monitoring when he asked CIA Director John Brennan at a Jan. 29 hearing if provisions of the Federal Computer Fraud and Abuse Act “apply to the CIA? Seems to me that’s a yes or no answer.”

Brennan replied that he’d have to get back to Wyden after looking into “what the act actually calls for and it’s applicability to CIA’s authorities.”

The law makes it a criminal act for someone to intentionally access a computer without authorization or to go beyond what they’re allowed to access.

You know, even if they did not violate the Computer Fraud and Abuse Act, this was a conspiracy to obstruct a Congressional investigation, so go directly to jail, do not pass go, do not collect $200.

What’s more, it appears that Barack Obama knew of, and thus at least tacitly approved the CIA spying on Congress:

A leading US senator has said that President Obama knew of an “unprecedented action” taken by the CIA against the Senate intelligence committee, which has apparently prompted an inspector general’s inquiry at Langley.

………

Udall, a Colorado Democrat and one of the CIA’s leading pursuers on the committee, appeared to reference that surreptitious spying on Congress, which Udall said undermined democratic principles.

As you are aware, the CIA has recently taken unprecedented action against the committee in relation to the internal CIA review and I find these actions to be incredibly troubling for the Committee’s oversight powers and for our democracy,” Udall wrote to Obama on Tuesday.

Independent observers were unaware of a precedent for the CIA spying on the congressional committees established in the 1970s to check abuses by the intelligence agencies.

“In the worst case, it would be a subversion of independent oversight, and a violation of separation of powers,” said Steven Aftergood, an intelligence analyst at the Federation of American Scientists. “It’s potentially very serious.”

(emphasis mine)

Not even Richard Nixon had the stones to use government agencies spy on the Congressional committees that were investigate him.

Worst Constitutional Law Professor ever.

John Adams is Spinning in His Grave

The Senate has defeated the appointment of Debo Adegbile’s appointment as head of the DoJ’s Civil Rights division because he defended a black man accused of murdering a cop:

Senate Democrats on Wednesday rejected President Obama’s nominee to lead the Justice Department’s Civil Rights Division in an embarrassing rebuke of the president on the choice of a key legal adviser and one that left senior White House officials “furious” with members of their own party.

The nominee, Debo P. Adegbile, was litigation director of the NAACP Legal Defense and Educational Fund when it represented Mumia Abu-Jamal on an appeal of his death sentence for killing a Philadelphia police officer decades ago. He could not overcome a campaign by Republicans, conservative activists and law enforcement organizations still infuriated by the murder of the officer, Daniel Faulkner.

But it was the votes of seven Democratic senators to reject Mr. Adegbile that doomed the nomination despite what White House officials described as a sustained closed-door effort by Mr. Obama and his top aides to save the nomination. The president personally appealed to Senate Democrats at a recent caucus meeting and made several calls to Democratic senators in the last week, officials said. Vice President Joseph R. Biden Jr. and Denis R. McDonough, the White House chief of staff, continued making calls Tuesday night and Wednesday morning.

I’m not blaming the Republicans here. They would oppose the appointment of Pope Francis to head the Office of Faith Based outreach.

Additionally, I can understand why they oppose Adegbile’s record of strong protection of civil rights, particularly voting rights.

After all, if there is a defining characteristic of the Republican party in the ‘Teens, it is that they want to stop n***ers from voting.

I do blame the 7 Democrats, who seem to find that the idea of a black man getting competent counsel is somehow a bad thing, and I do blame the various elements in law enforcement who seem to think that being a good lawyer should be a crime.

This is is evil, runs counter to the constitution, and hundreds of years of British jurisprudence before that.

It is a sacred duty for the defendant to have competent legal counsel. That is why John Adams defended the British soldiers who shot the demonstrators at the Boston Massacre.

If you have a problem with this, you should not be a lawyer, a legislator, or a cop.

Anyone involved in this effort, and the cowards who folded to it, are unAmerican, and need to have no further role in our public discourse.

It Now Sucks Even More to be Mitch McConnell

Because the latest polling from the right leaning Rasmussen polls has him tied with Democrat Alison Lundergan Grimes:

Senate Minority Leader Mitch McConnell (R-KY) is tied with his Democratic opponent, Alison Lundergan Grimes, at 42 percent each in a new poll by conservative-leaning firm Rasmussen Reports.

Six percent preferred neither of them, and 10 percent were undecided, according to the survey, which was released Monday.

Rasmussen’s polls came under fire during the 2010 and 2012 election cycles for regularly overstating the standing of Republican candidates.

Note that undecideds tend to break for the challenger. (Happy dance!!)

If I were a Democratic political consultant right now, I would be using these numbers to push Matt Bevin, the teabagger running against McConnell in the primary.

What McConnell has going for him, both in the primary and the general, is the sense of inevitability that he intends to convey.

Drive a stake through its heart.