July 10, 2009

Secret Program Fuels CIA-Congress Dispute

Washington Post: Democrats Accuse Agency of Pattern of Withholding Information From Lawmakers

  • Seven Democratic members of the House Intelligence Committee sent a letter to Leon Panetta, above, on June 26 asking that in light of his disclosure he revise a statement he made in May to CIA employees that it was not CIA policy or practice to mislead Congress.

    Seven Democratic members of the House Intelligence Committee sent a letter to Leon Panetta, above, on June 26 asking that in light of his disclosure he revise a statement he made in May to CIA employees that it was not CIA policy or practice to mislead Congress.  (AP Photo)

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(Washington Post)  This story was written by Paul Kane and Ben Pershing.

Four months after he was sworn in, CIA Director Leon E. Panetta learned of an intelligence program that had been hidden from Congress since 2001, a revelation that prompted him to immediately cancel the initiative and schedule a pair of closed-door meeting on Capitol Hill.

The next day, June 24, Panetta informed the House and Senate intelligence committees of the program and the action he had taken, according to Democratic and Republican members of the panels.

The incident has reignited a long-running dispute between congressional Democrats and the CIA, with some calling it part of a broader pattern of the agency withholding information from Congress. Some Republicans, meanwhile, privately questioned whether Panetta -- who has stood with CIA officers in a dispute with House Speaker Nancy Pelosi (D-Calif.) -- was looking to score points with House Democrats.

The program remains classified, and those knowledgeable about it would describe it only vaguely yesterday. Several current and former administration officials called it an "on-again, off-again" attempt to create a new intelligence capability and said it was related to the collection of information on suspected terrorists that was instituted after the Sept. 11, 2001, attacks.

Congressional Republicans said no briefing about the program was required because it was not a major tool used against al-Qaeda and other terrorist groups. They accused Democrats of using the matter to divert attention away from Pelosi's accusation that CIA officials intentionally misled her in 2002 about the agency's interrogations of suspected terrorists.

But Democrats waved away such claims and said they may open a congressional investigation of the concealment of the program.

"Instructions were given not to brief Congress," Dianne Feinstein (D-Calif.), chairman of the Senate intelligence committee, said in an interview.

Small details of the Panetta briefing emerged earlier this week when Democrats from the House intelligence committee leaked letters that had been privately sent to the CIA director and the bipartisan House leadership. The CIA declined to comment yesterday, pointing to the statement it made Wednesday after six Democrats sent their letter to Panetta accusing the CIA of having "concealed significant actions."

"This agency and this director believe it is vital to keep the Congress fully and currently informed. Director Panetta's actions back that up. As the letter from these six representatives notes, it was the CIA itself that took the initiative to notify the oversight committees," agency spokesman George Little said.

Current and former administration officials familiar with the program said it was not directly related to previously disclosed high-priority programs such as detainee interrogations or the warrantless surveillance of suspected terrorists on U.S. soil. It was a intelligence-collection activity run by the CIA's Counterterrorism Center, officials said. It was not a covert action, which by law would have required a presidential finding and a report to Congress.

However, another intelligence official said that the program was "sensitive" and should have been briefed to the committees, and that lawmakers had been told they had been fully informed on collection activities.

CIA officials brought the program to Panetta's attention, and when he realized it potentially conflicted with what the committees had been told, he immediately went to Capitol Hill, according to officials who discussed classified material on the condition of anonymity.

Panetta has initiated an internal review of the program.

Democrats this week cited the incident as a reason for approving a provision they have added to a bill, now under consideration, that would authorize intelligence activities for 2010 but forbid the administration from limiting briefings only to top congressional leaders and the four top lawmakers on the House and Senate committees.

The Obama White House, as the Bush administration previously had, has threatened to veto the intelligence authorization bill if that provision is attached, citing existing laws allowing the executive branch to conduct intelligence matters while limiting some highly sensitive information. House Democrats said yesterday they are negotiating a compromise to the standoff.
Reactions to the Panetta briefing split along partisan lines.

Republicans said Democrats were trying to find other instances of the CIA's misleading Congress to back up Pelosi's claim.

"They were looking for some political theater," said Rep. Mike Rogers (R-Mich.), a member of the intelligence panel. He said Panetta came into the meeting "with his hair on fire" but, after a question-and-answer session, the issue seemed less serious.

"That particular program never quite got there. It was turned off," Rogers said.

But House Democrats, who have unanimously backed the speaker's assertions, exited the briefing ready to investigate.

"The full committee was stunned," said Rep. Anna G. Eshoo (Calif.).
Rep. Silvestre Reyes (Tex.), chairman of the House intelligence committee, called Panetta "a stand-up guy."

Eshoo said the intelligence panels should investigate how and why the program was concealed from Congress. Rep. Rush D. Holt (N.J.) suggested "a major commission" or other entity to conduct a much broader investigation of intelligence practices. "A lot of people are trying to turn this into an inside-the-Beltway political matter," Holt said, emphasizing that the dispute goes to the heart of the intelligence committees' oversight function.

President Obama has rejected calls from Democrats, led by Pelosi, to create a "truth commission" to investigate allegations of misconduct by Bush administration officials. The White House says such a body would foment a partisan battle.

Republicans have also opposed a commission but have supported an investigation by a special House panel to examine Pelosi's claims in May that CIA officials misled her about interrogations. They have accused the speaker of demeaning the nation's spies.

"I've worked closely with our intelligence professionals, and they are that -- professionals. And I do not believe that the CIA lied to Congress. I'm still waiting for Speaker Pelosi to either put up the facts or retract her statement and apologize," House Minority Leader John A. Boehner (Ohio) told reporters yesterday.

Staff writers Walter Pincus, Michael D. Shear and Joby Warrick and staff researcher Julie Tate contributed to this report.



By Paul Kane and Ben Pershing
© 2009 The Washington Post. All rights reserved.

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Add a Comment See all 12 Comments
by OregonJames July 13, 2009 7:47 AM EDT
I have been hearing tidbits about an investigation pertaining to an Afghan sheik that worked for the CIA, and the killings of more than 2,000 prisoners. Could it be that Bush and Cheney ordered or were involved in the killings of these prisoners held by this CIA contractor? Could this be the cover-up that people are speaking of?

I wonder why CBS is so quiet in reporting on this story?
Reply to this comment
by Illuminated1 July 12, 2009 5:32 PM EDT
Well I guess Pelosi can send Bohner a summons instead of an apology....
Reply to this comment
by toldyouso29 July 10, 2009 11:29 PM EDT
Here's the rule: All Americans should assume that they have been tapped whether they have questionable ties to anything or anyone or not. This is because more than likely the goal of tapping was not just terrorism but getting financial advantages and all the data was mined under the guise of tapping.

With this in mind, when on your cell phone or a land line whether at your own home or at other people's house--say nothing that you could not bear repeated in public and do not want the world to know. if you do that--chances are you will never say anything incriminating nor will you say anything you have to be ashamed of later.

Treat every conversation as if some identity theft stranger is listening--they just might be.
Reply to this comment
by 6591Hou July 10, 2009 4:40 PM EDT
Technically the story doesn't say that it was unauthorized, only that it was undisclosed - apparently people from both the last and the current administration knew about it...so natural curiosity begs the questions "what did it do that was so sensitive that knowledge of it had to be so compartmentalized?" "was it successful?" "who authorized it?" - if it was that sensitive, successful, and authorized, then whoever leaked it is guilty of a crime.
Reply to this comment
by stn_sage July 10, 2009 5:21 AM EDT
First, I congratulate Mr. Panetta for doing his job! When he found out about this secret, unauthorized program--- he shut it down! I don't care WHAT his reasons for doing it were! The point is: it WAS the correct thing to do!

Second, that the Republicans can think of nothing but questioning Mr. Panetta's leadership---for nothing less than---DOING his job, speaks volumes for the fact they are content to see the CIA operate outside of the LAW! WHICH, they have clearly demonstrated in their own actions over the last eight to twelve years!

Third, the CIA seems like a highly dysfunctional organization, but if the agents assigned to that department are not prepared to act within the law as a general rule---with 'possible' occasional exceptions---maybe it's time the CIA is shutdown and any meaningful activities they were tasked with, are given to someone else!

Finally, I hope Mr. Panetta will continue to take any necessary actions designed to improve the operations of the CIA! The public appreciates it, even if GOP politicians DON"T!
Reply to this comment
by abbe91 July 10, 2009 5:27 AM EDT
Fully agree.
It seems wrong to see criticism from people who think that outing a CIA front working on WMD proliferation (Brewster-Jennings) was not treason.
by nextgenman09 July 10, 2009 4:49 AM EDT
Big surprise. It was the Cheney Administration, remember? President Cheney was trying to return to the Days of his Messiah Nixon when it wasn't illegal if the President did it and the Constitution was an impediment to a Royal Presidency.
Reply to this comment
by babooph July 10, 2009 12:35 AM EDT
Interesting "secret " agents -the US public & senators know very little,but overseas,the tennis ballboys & maids know who they are & what they are doing.They are seemingly secret from those that pay for them.Is that odd to anyone else ?
Reply to this comment
by bajajohn1 July 10, 2009 12:27 AM EDT
Sounds pretty much like the secret program shown in a movie of all things, The Bourne Identity. Amazing how real life imitates art.
Reply to this comment
by hermitdave July 9, 2009 11:52 PM EDT
Good point but the military industrial complex is alive and well. The latest to join this exclusive band of GREED was the world press. Since the American people were busy with the wonders of high technology they never noticed the new government controlled coverage of WAR. It was obvious that the television coverage of the Vietnam war for the military industrial complex caused the average American to start asking just why their evening news was showing American soldiers with real blood and their sons and daughters loaded on helicopters on their way to recover maimed or die. Something had to be done to stop this kind of NEWS coverage. CEO'S of major media were called to a meeting. Told of course that they would still stay rich, but under new rules. Thus was born the new era of Hollywood staged reporting. This started with the first Gulf war under a Bush. Suddenly the evening television news consisted of a General on a stage with a MAP and a stick, telling everyone that the war was just going great. Then some cool video footage of stealth bombers ALA old WW-2 war movies, lots of noise, and fire and destruction. But ZERO blood on any soldiers uniform. Americans just ate it up. No protest like those hippie NAM people. Just good old fantasy victory over the evil doers. By the time father Bushes kid took over and started not one but two CRUSADES, the managed news media had even added a new act to the con game. Ollie North and the embedded reporter scam. So not only did you get to watch on TV the progress of SHOCK & AWE you got to see reports by Ollie that no CRUSADERS even had a stubbed toe. and all the guys around Ollie and the TANK had clean uniforms with NO blood. For sure most Americans paid no attention to IKE and deserve what ever happens because of only one thing. STUPIDITY
Reply to this comment
by toldyouso29 July 9, 2009 11:28 PM EDT
The program remains classified, and those knowledgeable about it would describe it only vaguely yesterday. Several current and former administration officials called it an "on-again, off-again" attempt to create a new intelligence capability and said it was related to the collection of information on suspected terrorists that was instituted after the Sept. 11, 2001, attacks.

Congressional Republicans said no briefing about the program was required because it was not a major tool used against al-Qaeda and other terrorist groups. They accused Democrats of using the matter to divert attention away from Pelosi's accusation that CIA officials intentionally misled her in 2002 about the agency's interrogations of suspected terrorists.

But Democrats waved away such claims and said they may open a congressional investigation of the concealment of the program.

"Instructions were given not to brief Congress," Dianne Feinstein (D-Calif.), chairman of the Senate intelligence committee, said in an interview."


Hmmmmm see the Bourne conspiracy, supremacy and ultimatum--looks like we not only had a Rogue Presidency with Bush but a Rogue Administration also. Evil is never static.
Reply to this comment
by pensacola8-2009 July 9, 2009 10:49 PM EDT
President Eisenhaur signed an executive order upon leaving office that gaave the NSA independance from the legislative and executive branch. It also restricted the disclosure of the NSA budget to only a few committee members of the Senate and House. This was done to fight the COLD WAR.

He warned "Beware of the powerful influence of the defense industrial complex" and then signed the order.

The COLD WAR is over. We don't need the NSA as it exists today. We don't need classified budgets. We don't need more intelligence errors costing the US taxpayers trillions for wars that are not justified!!

Don't you get it? The NSA must be scaled down to the pre-1947 mission and budgets must be declassified. The COLD WAR is OVER!!!!!
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