Lawmakers Push Probe into Secret CIA Plan

Some Democrats Say Failure to Inform Congress Violated Intelligence Oversight Laws, Possibly on Cheney's Request

(CBS/AP)  Congressional demands for an investigation are growing over new disclosures that a secret CIA program to capture or kill al Qaeda leaders was concealed from the U.S. Congress for eight years, perhaps at the behest of former Vice President Dick Cheney.

The program, which never got off the ground and remains shrouded in mystery, was designed to target leaders of the terrorism network at close range, rather than with air strikes that risked civilian casualties, government officials with knowledge of the operation said Monday.

The officials spoke on the condition of anonymity because they were not authorized to discuss it publicly. The program was canceled last month by CIA Director Leon Panetta shortly after he himself first learned of it.

Some Democratic lawmakers suggested the failure to notify the congressional intelligence committees violated the oversight laws, which require the intelligence community to keep Congress informed of its activities.

Cheney's direct involvement is fueling calls for an investigation, reports CBS News correspondent Nancy Cordes.

The leader of the House, Speaker Nancy Pelosi, said that House and Senate intelligence committees should "take whatever actions they believe are necessary to get more information on the subject," including whether Cheney played a direct role in proposing the secret program and withholding information from Congress.

Sen. Russ Feingold, a Democrat, joining the ranks of those calling for a thorough investigation, said, "Individuals who ordered that Congress be kept in the dark should be held accountable." Feingold said he had "deep concerns about the program itself," adding that he had written to President Barack Obama to ask for the probe.

Sen. Dianne Feinstein, a Democrat and the head of the Senate Intelligence Committee, has said that being kept in the dark by the CIA broke the law and "should never, ever happen again." But defenders of Cheney suggested that no laws were broken because the counterterrorism program never got beyond the talking stage.

"It's probably skirting the law," said CBS News legal analyst Andrew Cohen. "The question is what you do with that. And I don't think that there is going to be any will on Congress to prosecute him."

However, the issue might come down to whether any tax dollars were spent on the planning - and thus subject to congressional scrutiny.

It presented a delicate dilemma for the Obama administration, which so far has steered clear of joining congressional calls for thoroughly investigating controversial intelligence-community actions under President George W. Bush and Cheney and prosecuting those who broke the law.

Robert Gibbs, Mr. Obama's spokesman, continued on this careful path on Monday, saying Panetta was reviewing how keeping the information from congressional intelligence leaders "came to pass and I think that's wise."

"The president believes that Congress should always be briefed fully and in a timely manner in accordance with the law. Those are his beliefs as it relates to any of these programs," Gibbs said.

As to a related controversy, reports that Attorney General Eric Holder may be leaning toward having a criminal prosecutor look into whether U.S. interrogators tortured terror suspects, Gibbs repeated Mr. Obama's earlier statement that "our efforts are better focused looking forward than looking back."

Gibbs said the president as well as the attorney general and others in the administration "all agree that anyone who followed the law, that was acting in the good faith of the guidance that they were provided within the four corners of the law, will not and should not be prosecuted."

Panetta canceled the CIA program on June 23 after learning of its existence, its failure to yield results, and the fact that Congress had been unaware of it since its inception soon after the Sept. 11, 2001, terror attacks, according to one official with direct knowledge of the plan.

That official said Bush authorized killing al Qaeda leaders and that Congress was made aware of that. However, the official said, Panetta also told members of Congress that, according to notes that he had been given on the early months of the program, Cheney directed the CIA not to inform Congress of the specifics of the secret program.

Panetta told the committees there was no indication that there was anything illegal or inappropriate about the effort itself, the official said.

CIA directors since 2001 agreed with Cheney's decision not to inform Congress because the highly classified operation, described as "sporadic" and "embryonic," never managed to turn up the intelligence needed to carry out a kill and was not considered a covert operation, according to a former intelligence official. That official also was not authorized to discuss the program and spoke on condition of anonymity.

Congress has a right to know everything the CIA does, but the president can by law limit those told about covert operations to just the top four members of the House and Senate from the two parties and the senior members of the intelligence committees. Democrats on the House Intelligence Committee are pushing for a legal provision that would require the president to brief both committees in their entirety more often, but the White House has threatened to veto the move.

Most attempts to kill al Qaeda's leaders, believed to be hiding in Pakistan's troubled western border region, use armed drone aircraft because it is difficult terrain controlled by sometimes hostile tribes. But those strikes have sometimes killed and injured innocent civilians and caused outrage in Pakistan.

The government official said the CIA effort was meant to avoid such collateral damage.

[abbe91]

Why would Cheney "order" CIA not to disclose plans to kill AlQaeda operatives to Congress ? This is easier to sell than waterboarding, after all. Especially, if it was just considered and not implemented and there was no need to tell Congress anyway ? What could be the reason to specifically order them to keep it secret ? Why did Cheney have to be involved in this ? Either this is completely stupid or there is something else.
These "assassination plans" look like a smokescreen to me.

[imnho]

If it was only a study then why did Chaney tell the CIA not to inform the people who were charge with oversight? The CIA does studies all the time to deterine if the benfits of an operation exceed the liabilites. Congress gets interested when money is spent and/or people get put in harms way. At that point the law gives the CIA no choice in the matter. Its a non issuse if it was just a study. Its a serious breach in the law if the spent money,put people in harms way or did something that compromised National Security. At that point someones professional head needs to roll.

[ikeziskash]

It must be nice being a Democrat and knowing that ABC, CBS, MSNBC will push your views even on phoney outrage over a "controversial" plan that was about killing members of al Qaeda...

[chonder2]

Yes, you are correct. He has worked very hard to earn that hate.

[chonder2]

YES,WE...are in power now! Stand back all you Repub evil dooers. We are going instill all OUR values through out the land! Anyone that dosen't agree is the enemy and must be against... (Wave the flag)America, Our soldiers, mom & apple pie, baseball, fishing,....corporate influence throught government, complete deregulation of everything,tax cuts for the wealthy,deleting all social programs,invading other countries... Hey wait, I sound like...like...OH NO! AHHHHHHHHHHHHHHHHHHHHH!!!!

[Mortarman29]

The end of America is near.

[chonder2]

Yes,you are quite right. It feels GREAT!

[curiously1]

What probe do you need, gentlemen?! The CIA was doing its job. Is that "probe" enough for you?

[txlakeside]

HANG CHENEY! Treasonous bast@ard! He has always claimed he is above the "law"! After Nixon and the Reagan era Iran-Contra fiasco you would think the republiCONS would wise up! Dumb as dirt arrogant neoCONS need to be reminded of the "checks and balances" again! To constantly be spouting off their constitutional rights they sure seem quite when one of their own greedy evil folks go against it! Do-nothing, arrogant, greedy, dumb as dirt bast@rds!

[chonder2]

I suggest a CAVITY probe for Mr Cheezy.

[pjk12354]

For somebody who avoided military service in Viet Nam due to a variety of draft deferrments..........it kind of explains what Cheney did as Vice President.........this country needs to purge this turd.

[chonder2]

sooo, what are you trying to say?

[vinnyb5]

So lets get this straight. The CIA was planning on killing top al qaeda leaders and the democrats (and liberals on this board) have a problem with that ???? Ever wonder why Americans never trust you guys to keep us safe.

Perhaps the people who gave the order to shoot down Yamamoto (after intelligence told our forces that he would be flying to an undisclosed location) should be tried for war crimes as well.

Either you liberals will understand that we are in a FRIGGIN WAR against people who want to kill us or you wont!!!!!!!!!

[Mortarman29]

Thats the problem Banned. Liberals have no idea who the real enemy is.

[maghop]

mr.man!! you are the true meaning of ignorance! you should may be apply for palin's press secretary with the banter you produce. can you see russia from your house too>

[Mortarman29]

Who said they could see Russia from their house?

[cs4466]

One small step for mankind, one giant step for Bush & Cheney (towards the Hague).

[maistir]

This whole business is a crock of very stinky cheese.

Congress was fully briefed on the presidential finding of 2001. Everyone on the planet knew that the US was out to capture or kill al Qaida leaders. This proposed plan, which never became an operation, suggested up-close assassination rather than bombings in order to avoid so much collateral damage. But the plan was dumped for reasons unknown.

If anything, Congress misled itself by asking about "operations" that were ongoing.

[prometheus21]

"However, the issue might come down to whether any tax dollars were spent on the planning - and thus subject to congressional scrutiny."

Once again, this is an ascertian by CBS and the American Propagandist -- this is not a quote by the report, it is the reporter -- an alleged self-described advocate of a free press -- who is TELLING the readers of this story that "the issue might come down to whether any tax dollars were spent on the planning".

Let me tell you that (1) ALL activities of the executive branch of government EXCEPT lobbying activities to INTENTIONALLY DIVERT or DIRECT taxpayer dollars, are ACTUALLY PAID FOR THROUGH TAXPAYER DOLLARS, or TAX-PAYER DEBT SPENDING -- no exceptions that of which I'm aware, or that the "journalist" and/or "reporter" of this will share with the reader (2) Congressional scrutiny IS NOT AT ALL, WHATSOFREAKINGEVER LIMITED to executive branch activities that are in a "planning" stage.

Read your Constitution and EXPECT LYING AND/OR GROSSLY UNINFORMED, BUT HIGHLY, HIGHLY, HIGHLY SELF-CONFIDENT AND ARROGANT "journalists" who have ABSOLUTELY NO INHIBITION to fabricate or LIE or MIS-INFORM, to have NO CLUE, but lots of Andrew Cohen-like understanding of the law when it comes to telling you ANYTHING.

[prometheus21]

On top of this, we're talking about the activities of an executive branch that is no longer in office. What law exactly would anybody be referring to that would prevent scrutiny of a former administration by a current Congress -- particularly if there is no action taken by a current administration to prevent this?

[quapawsix]

This is all very entertaining Congress will thump their chests and raise their fists in outrageous indignation and the Media mongers will speculate and give their bias opinions and all for your viewing pleasure. Right, Can't wait to see how the Media shifts the cattle's attention to the next entertainers scandal.

[bigsk8fan]

all war criminals should be tried, and put in prison if convicted. it does not matter that they might be an american pres or vicepres. waterboarding was and is torture. congress must be told about cia activities. laws must be obeyed. this is exactly why americans overwhelmingly voted for barack obama and the democrats. enough is enough of republican treachery.

[mswolfestock]

Exactly!

[realityzone]

woodjd42, agreed. The state of texASS should be devoid of our Country, especially since they promote their "Lone Star" ******** anyway.

[woodjd42]

by joule18 July 14, 2009 5:00 AM EDT
Plans are made all the time. The time to brief Congress is when the plan is ready to be carried out. Besides, those nuts can't keep their mouths shut and are a threat to our national security.


The real threat to our national security was bush/chaney. They have put us in so much paril I am not sure if we can ever recover.

[joule18]

Plans are made all the time. The time to brief Congress is when the plan is ready to be carried out. Besides, those nuts can't keep their mouths shut and are a threat to our national security.

[rharrin1]

Do you mean like outing a CIA operative?

[skyk-2009]

WRONG! The LAW is perfectly CLEAR on this and has been around since the 40's. Any action or INTENDED action is to be given to congress.

[realityzone]

Cheney's far too smart to ever get nailed by Congress.

[skyk-2009]

Didn't someone in the Nixon Administration say something like this? LOL

[fedup12]

He was always able to come up with new and ever more creative excuses to keep his lily white axx out of the military. He had to be somewhat creative there.

[nextgenman09]

Cheney, who worshiped at Nixon's feet, needs prison time.

[skyk-2009]

It is clear that he is a coward and thought he was above the law.

[rednomo]

A History Lesson from the "Do as I say" Party

Bush WH Statement Condemning Torture - After His Own Torture Program Began
By Logan Murphy Monday Jul 13, 2009

Since Attorney General Eric Holder is considering appointing a prosecutor to investigate the Bush/Cheney torture regime, I thought it might be helpful to post this statement released by George Bush himself back in June of 2003. Perhaps it might serve as motivation for both President Obama and Attorney General Holder. President Bush himself called for the prosecution of those who torture, so why hesitate to hold him accountable? (see bold text below)

Keep this in mind as you read it -- Abu Zubaydah had already been waterboarded over 80 times in August of 2002 and Kalid Sheik Muhammed was waterboarded some 183 times in March of 2003 and we still don't know the full extent of their torture program.

Statement by the President
United Nations International Day in Support of Victims of Torture

Today, on the United Nations International Day in Support of Victims of Torture, the United States declares its strong solidarity with torture victims across the world. Torture anywhere is an affront to human dignity everywhere. We are committed to building a world where human rights are respected and protected by the rule of law.

Freedom from torture is an inalienable human right. The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment, ratified by the United States and more than 130 other countries since 1984, forbids governments from deliberately inflicting severe physical or mental pain or suffering on those within their custody or control. Yet torture continues to be practiced around the world by rogue regimes whose cruel methods match their determination to crush the human spirit. Beating, burning, rape, and electric shock are some of the grisly tools such regimes use to terrorize their own citizens. These despicable crimes cannot be tolerated by a world committed to justice.

Notorious human rights abusers, including, among others, Burma, Cuba, North Korea, Iran, and Zimbabwe, have long sought to shield their abuses from the eyes of the world by staging elaborate deceptions and denying access to international human rights monitors. Until recently, Saddam Hussein used similar means to hide the crimes of his regime. With Iraq's liberation, the world is only now learning the enormity of the dictator's three decades of victimization of the Iraqi people. Across the country, evidence of Baathist atrocities is mounting, including scores of mass graves containing the remains of thousands of men, women, and children and torture chambers hidden inside palaces and ministries. The most compelling evidence of all lies in the stories told by torture survivors, who are recounting a vast array of sadistic acts perpetrated against the innocent. Their testimony reminds us of their great courage in outlasting one of history's most brutal regimes, and it reminds us that similar cruelties are taking place behind the closed doors of other prison states.

The United States is committed to the world-wide elimination of torture and we are leading this fight by example. I call on all governments to join with the United States and the community of law-abiding nations in prohibiting, investigating, and prosecuting all acts of torture and in undertaking to prevent other cruel and unusual punishment. I call on all nations to speak out against torture in all its forms and to make ending torture an essential part of their diplomacy. I further urge governments to join America and others in supporting torture victims' treatment centers, contributing to the UN Fund for the Victims of Torture, and supporting the efforts of non-governmental organizations to end torture and assist its victims.

No people, no matter where they reside, should have to live in fear of their own government. Nowhere should the midnight knock foreshadow a nightmare of state-commissioned crime. The suffering of torture victims must end, and the United States calls on all governments to assume this great mission.

[bajajohn1]

Look back at at the Iran-Contra affair and you will note many similarities. Check out the issue on U-Tube. Assassination squads, etc., guns for hostages, profiteering, secret armies, just amazing.