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Jul 9 2009, 5:49 pm

What Did The CIA Hide From Congress?

Because the executive branch retains a stranglehold on regulations about the disclosure of classified information, there are very few ways for member of Congress who learn about objectionable, classified programs to reveal their discomfort. They can write a classified letter. They can risk prosecution by revealing the information publicly. Or they can do what a gaggle of House Democrats did yesterday: band together, suggest that the CIA misled them about a specific program, and wait for journalists to uncover the details. 

In some ways, this last route is a reasonable accommodation of competing interests. If Congress believes the CIA's program is or was illegal and unethical, the single way to ensure that the program -- or the values that informed the program -- never surfaces again is to utilize public pressure, or the threat of public pressure. Transparency often conflicts with efficiency.

It's inevitable, now, that we'll soon be provided with a fairly full accounting of the covert program that director Leon Panetta discovered, stopped, and brought to Congress's attention. All the major intellireporters are on the trail. There are plenty of former IC folks who are willing to hint about the details, provided they're asked the right questions.

I don't know what the program is. No one I asked would shed any light on it.  From the reports of others, though, and from guesswork derived from a knowledge of what the CIA is chartered to do (provide exclusive political intelligence (that can only be clandestinely obtained) to our political leaders about major developments), I can come up with a few possibilities.

1. We know the program had nothing to do with the terrorist interrogation program or with extraordinary rendition. We know that it was primarily a CIA program, which means that it probably did not have anything to do with Sy Hersh's "executive assassination" ring disclosures, which relate to special access programs of the Department of Defense's Joint Special Operations Command.   (Basically, if the CIA wants to kill someone, it requires a finding of Congress. The Bush administration believed that the DoD could kidnap or kill suspected terrorists under the president's inherent authority.)

2. The program was not primarily a technical collection program, but it  may have involved the use of technology to collect information from human sources.

3. Newsweek's sources seem to suggest that the program was related to the war on terrorism, but it might simply have  been informed by the CIA's other war on terrorism programs. That is, perhaps the CIA borrowed controversial techniques and applied them to another main target, like, say, China, or Israel (yes), or Pakistan or Afghanistan or India or Venezuela.

4. What type of program would be acceptable to President Bush and objectionable to President Obama? 

One can guess: perhaps the CIA found a way to covertly place information implicating Hamid Karzai's brother in various drug-related offenses in the foreign media.....perhaps the CIA was covertly providing funds to an opposition candidate in Afghanistan or Pakistan in a way that was bound to be discovered by the regime we officially support.   Perhaps the CIA created a front company to process, say, the encryption keys that Israeli's Air Force uses to protect communications. (Israel manufacturers this stuff endogenously, but you can be sure that the American government wants to know everything it possibly can about Israeli Air Force strategy vis-a-vis Iran.)   Perhaps the program involved sabotage in a country like Syria, which the U.S. is currently trying to court.  Perhaps it involved the planting of covert communications devices on unwitting international scholars who travel to North Korea.

The mind wanders.

What's clear is that Democrats on the committee were sufficiently outraged by the disclosure to make public the fact that something was disclosed.  This may be the only way to hold the CIA accountable in an era where the executive branch refuses to relax briefing procedures.  It may be irresponsible and jeopardize ongoing operations. It may be related to the CIA v. Pelosi grudge match.  Soon enough, we'll have our answers.

Comments (17)

Mitch Guthman

I don't think you are correct that this is the only way to hold the CIA accountable.

Personally, I think the best way for Congress to hold the CIA accountable is by simply holding them accountable. They have complete power over that agency (budget, personnel, which activities shall be proscribed,etc). Congress can order any CIA employee fired, forbid any activity and enforce its will in many ways, including removing the DCI from office. Or even removing his boss, the President from office.

If laws have been broken, they can call upon the Attorney General to enforce those laws and remove him from office if he does not. Until the Cold War, Congress was considered at least a "co-equal" branch of government.

Moreover, you are incorrect in saying that a Member of Congress could be prosecuted for revealing this information. All Members have absolute immunity for anything said on the floor of Congress. Article I, Section 6, Clause 1, of the U.S. Constitution states in part, "for any Speech or Debate in either House, [senators and representatives] shall not be questioned in any other place."

The problem isn't that Congress lacks authority. Congress clearly has the power; what is lacks is the balls.

James Bond (Replying to: Mitch Guthman)

How naive can one be? Congress has NEVER been a "co-equal" branch, never will be either. If you think real hard you will realize why this is true! So true that Congress has no balls, they too busy spending all my money to find a pair!!LOL Point taken well.

No comment on the original article... I have no idea what the program is/was.

But I do know that the lunatic using the name "Mitch Guthman," a popular name associated with nutjob comments on left-wing blogs, is - let's be kind - "unfamiliar with the law and Constitution" when it comes to the actual relationship between Congress and the CIA.

His strange suggestions include: "Congress can order any CIA employee fired." False, and a shockingly fascistic suggestion. A century's worth of civil-service and other protections actually apply to intelligence community personnel as well, and appropriately so.

Also, he/she opines that "If laws have been broken, they can call upon the Attorney General to enforce those laws and remove him from office if he does not." Only if they would like a Constitutional crisis on their hands for overreaching far beyond their actual powers.

It's "thinking" like this that has led us to the hyper-politicized, uncivil, and unproductive state our nation is in. Nutjobs of the left and the right, please voluntarily turn off your computers for a few months and read a book or two.... Thank you.


It has been clear [to me, anyway] that the CIA can do many things that preclude/elude oversight by any entity or branch of the federal government. The examples are numerous: the Glomar Explorer and Project Jennifer, Operation Phoenix, the overthrow and assassination of Allende.

Other CIA ops not so well known include the infiltration of the NYT, WaPo, and other influential newspapers designed to do what the CIA is supposed to do. Its job is to shape public opinion, misinform, disinform, act as an "agent provocateur, kill, spy, etc. What did happen to Colby, anyway? And then there is "Operation Tailwind," and Peter Arnett.

Of course the CIA will cover their operations from congress, or the president when "someone" decides to do so. The flow of information up, and the flow of instructions down meet in the deepest, darkest eddys that is the work of fiction. Sure the mind wanders. But when you take a very close look at CIA ops over the past fifty years or so, it's is not a picture that gives one confidence in anyone having oversight of the CIA, especially some pissants in the House of Representatives.

FORAC (Replying to: Marc Adin)

I have some insight into this.

Full disclosure: I’m former DoD. I’ve spent far too much time in East Africa, A-stan, et al

This is, in my opinion, three things:
- a domestic intelligence gathering operation inside the US (read: mosques)
- intentional circumvention/lack of cooperation with FBI and DoJ
- targeted killings/renditions/partnerships with gangs (MS-13, biker gangs) to actually carry out the assassinations.

If you live in the Northern Virginia area, you’ll understand why this is feasible. There have been multiple cases of theft and home robberies with no fingerprints, no sign of forced entry, no sign of brute force period.

The agency conducted domestic surveillance of mosques in key areas (Chicago, Boston, New Jersey, California, Colorado, DC area) and then outsourced the assassinations to criminal gangs indigenous to the US. The purpose was two-fold: one, they could circumvent the ban on domestic use of the CIA, amd, because of the secrecy afforded to them, no one would be the wiser. (it was compartmentalized and probably stuffed into a SAP, google Special Access Program, it’s above TS).

Two, by outsourcing the killings to bikers, Mexican gangs, etc they wash their hands of any knowledge or culpability. “What assassinations? The CIA does not carry out assassinations in the United States or anywhere else.”

And they’d be telling the truth: THEY don’t. They pay or train other people to do it. The Taliban is a perfect example of them successfully training people to function as a lethal force, and then it bites the CIA in the ass and jeopardizes US foreign policy.

James Bond (Replying to: FORAC)

CIA should start assassinations without hesitation, creepy dudes in Iran, Venezuela, a short insane dude in N. Korea... Just think how peaceful the world would become. How about terminally ill patients to carry out the hit, they could set a trust up for their families, loved ones, dog, cat, alumni org.
I am in the Middle East there are a lot of prospects for 170 gr. of hot lead in my favorite cal. of 7.62mm. I love ‘dem apples!!! Training the Taliban was a stupid idea in hind sight. In the end the Taliban will lose and we will thank the CIA for there part in their demise.

Mitch Guthman

Eric,

I do not wish to engage in personalities so I will simply expand upon my previous point which may have been unclear to you because of a lack of clarity in my writing:

The CIA is not, in fact, an executive agency but rather an independent executive agency reporting to the President. It was created under the National Security Act of 1947, which provided for significant Congressional oversight, including the right to approve certain high-level appointments. Specifically, CIA is accountable to the American people through the intelligence oversight committees of the Congress. The authority of Congress over the CIA's activities is at least as substantial as I indicated in my original comments and there is a very body of scholarly writing on this subject which supports my position.

Moreover, Congress has already acted to forbid certain activities of the CIA. This was the topic of the original post. My point was simply that Congress can compel obedience with existing or future laws by threat of criminal prosecution (and removal of any officers who fail to carry out their duty to faithfully enforce the law). Surely this power of Congress cannot be disputed. Yes, if Congress uses it power, this might bring about a “constitutional crisis” but if Congress does not act to protect its own power then the Constitution is equally imperiled anyway, if not more so.

As an aside, I believe you are mistaken about the degree of protection which CIA employees have under Title 5. My understanding is that CIA employees are not part of the regular civil service but rather are part of what is called the “excepted civil service” and are afforded essentially no protections against being fired. (See, 5 U.S.C §2103). In any event, they are as obliged as anyone else to obey the laws even if they think those laws ill advised. So there is no question of Congressional power; only of ways and means.

Finally, I admit that I’m not a scholar of Constitutional Law. Neither was I a particularly distinguished practitioner in that field. But I did read The Federalist Papers and was strongly influenced by the writings of those men who were themselves great scholars and highly distinguished.

I believe that James Madison was right in thinking that a system of checks and balances within government is at the very core of our republican system. In The Federalist, No. 51, he made it clear that while "[a] dependence on the people is, no doubt, the primary control of government” a system of checks and balances within the government was essential to guard against the founding fathers’ greatest fear, namely, the accumulation of tyrannical power in a single branch of government. As Madison put it: "Ambition must be made to counteract ambition."

Our Constitution is largely organized around this single principle. The protection of republican values (by which I mean, a government based on consent and established to protect the rights of life, liberty and the pursuit of happiness) was understood by the Founding Fathers to be dependent upon the proper functioning of the system of checks and balances. As Madison understood, the rights of the people are best protected by the structural and procedural safeguards created in the Constitution.

The values embodied in our Constitution are not, in any sense, consistent with either kingship or a “constitutional dictatorship”. To shy away from the defense of the fundamental principles of republicanism in order to avoid a “constitutional crisis” is absurd.

As I stated above, this is probably a domestic intel gathering program, coupled with a pinch of rendition and a dash of targeted, extra-judicial killing.

It is also important to note the distinction in terms of the "flavors" of assassinations/extra-judicial killings.

- JSOC is a conglomerate of the most skilled, most seasoned shooters DoD has to offer. They also have an in-house intel capability. But they are not mercenaries, nor do they torture. They are just very good at finding and killing people; most are former Army Rangers, et al. They have anywhere from 10-15 years trigger time. Some of them have been deployed non-stop since October 2001, so imagine the skill they have amassed now. They do not have malicious intent. Unlike...

- the CIA's paramilitary arm, and most importantly, the IC's (independent contractors) it finances to do the most dirty of the dirty stuff. The National Clandestine Service has a paramilitary arm that is made up of uniformed, actual CIA employees who draw a government paycheck and are bound by CIA rules and regulations. These are the people who spoke up about waterboarding and refused to use it (knowing they would be breaking the rules).

- The CIA's IC's (independent contractors) are STILL accountable to no one, because they are paid via front companies or cutouts, and thus are not subject to CIA rules and regulations. CIA employees - even the operations officers in the Clandestine Service, the ones running around foreign countries, and spying - are your typical worker. They don't want to be fired. THEY are the source of the opposition to waterboarding, the leaks around the 2004 election vis a vis Bush in an attempt to make him look bad, etc. It's the contractors and former military types that do the really dirty/nasty stuff, not CIA rank and file.

We may also find that Predator UAVs where employed for use in the US immediately after 9/11. But that is another post for another day.

GalenLW (Replying to: FORAC)

Two things FORAC, just FYI - take it as you will.

First: DoD does maintain capacity similar too the ICs (not referring to JSOC here), though not really relevant to this conversation (I assume).

Second: The intel wing of JSOC has been previously investigated concerning EIT (read: torture), the investigation gained no traction because military investigators ran into the chain of command issue over who JSOC reports to(1) and because personnel refused to positively identify themselves(2) (which goes back to point one, military investigators may have recommended disciplinary action over point two but to my knowledge it was never taken). NAMA ring any bells?

circleglider

Why is it that even the mention of an allegedly improper CIA operation brings out the usual gang of left- and right-wingnuts, conspiracy theorists too familiar with military jargon, and self-righteous journalists whose minds can't stop wandering?

Congress does in fact have substantial power over the CIA. To suggest that leaking classified information is their only recourse when confronted with objectionable behavior is childish at best, and treasonable at worst.

The principled action to take would be to resign from the Intelligence Committee, citing an inability to perform one's duties within the constraints of the law. That would certainly stir-up a hornet's nest, since no member of Congress ever voluntarily relinquishes power these days.

I don't have detailed information or comments like some of the very informative comments posted. But I can offer the view of one, probably typical, non-hysterical, college-educated American.

Along with the Wall Street financial "industry" people who caused the current crisis and, according to reports, are "too big to prosecute," Abu Grab, a second (remember Vietnam?) war launched on the basis of impeachable lies for which no one will ever be punished, New York policemen being acquitted by a judge after they fired 50 shots into an unarmed man in his car, the fact that we are "protected" by an FDA that gets its "research" money from the industry it "supervises," and numerous other examples of a government gone bad -- summarized by the observation that we live in an oligarchy rather than a democratic republic -- our votes become toilet paper when they are thwarted by the well-connected and their lobbies, one can conclude that:

Our government has lost the right to any respect from us, the people. Its police are the armed guards of an order imposed on us, disguised with increasing ineffectiveness by our pointless electoral system. It's "rules" are shaped by the oligarchy and violated at will whenever the powerful wish. Our civil liberties and privacy are repeatedly violated and we have no recourse -- somehow Congress and the President always fails to stop them. Or themselves, should I say?

We live in an early-stage failed state. Its economy is morphing into a two-tier system where the lower end people -- most of the population, our once legendary middle class -- cannot rise easily, where education, the great leveler, is too expensive. The middle class is being transformed into a hereditary third-world style mass, as it is being forced to pay the economic price for the crimes and incompetence of the financial "industry" and our "government" -- an increasingly hereditary ruling class.

Forget the consumer-driven economy, the "ownership society." Everyone is tapped out. The credit companies are tightening up, and if the government prints enough money, many will be ruined by inflation.

Like many, I have nothing but contempt for our government and its sham laws. They are a shell game. As this economic crisis deepens, more people will reach the same conclusion. Obama was our last hope, and it's now clear that he's on board with the Big Money Boys.

All of this is social tinder. And history is throwing matches around.

The outcome? Who can tell?

Possibilities include an authoritarian state like Iran's with the Money Gods in control rather than mullahs, (it will still call itself democratic, as they do) social disintegration and conflict between social classes and ethnic groups -- the victims attacking each other because they cannot effectively strike their rulers -- or something like Mexico -- a corrupt, incompetent pseudo-state where thugs exercise authority in parallel with the "officials."

Will an army composed primarily of those who entered service to escape poverty restore order? We'll see, probably.

Concerned (Replying to: denisarvay)

I must say, you have summed up all of my thoughts perfectly. I am a college educated, former Naval Officer and I think it is sad that I feel as though people are blind to all that is happening in our country and outside our country lead by what you call the Money Gods. It is quite simple to see how out of control our country is with just looking at a few parts of our government and how things operate. The Federal Reserve, an entity that anyone that is curious about soon comes to understand how powerful and scary it is and is in fact beholden to no one. The CIA, this is the perfect example, the CIA has been carrying out science fiction like operations for decades and yet no one ever does anything to change it. It is funny to me that Obama stated he would bring about change and people, including myself, thought he meant he would bring the power back to the people somehow. In fact he meant he would finish off the people once and for all. Give more power to the corporations that run our company (what's that you took wild gambles and and are no longer solvent, we will come up with a new term, too big to fail and bail you out with the "people's money"). Our country is going down a very scary road very fast and it leads me more than anything to want to find a new home.

With the 4th of July "Independence Day" recently I came to realize that it is simply a day for americans to blow things up with fireworks and drink. Oh and say, God Bless America. Our founding fathers would be sickened by what we have become.

James Bond (Replying to: Concerned)

Brilliant!!

The CIA is an agency that should be eliminated. They have a record of one failure after another is all they have to fall back on. It is part rogue, part incompetent.

James Bond (Replying to: mg66)

McFly anybody home??????? That about says it all, no wait, people who think the CIA should eliminated are right just like Obama is qualified to be president of the most powerful nation on earth. Where is Glen Beck when you need him? At least we haven't had to bail them out with a stimulus plan!


Marc, your theories are WAY down on the plausibility list. None of them rises to the level of anything remotely problematic. Objectionable yes, but not so problematic that they would provoke obstruction of reporting to the oversight committees. Think bigger and more troubling. These were measures dreamed up in the aftermath of 9/11, when the scale of terrorist cell operations was unknown. It could have been abroad -- or it could have been domestic, since at that time, the FBI was not going to do any domestic dirty work, and NORTHCOM had not yet been stood up.

Why you say it wasn't a technical collection program is not clear to me, though it is clear that there was a HUMINT component, since Hoekstra mentioned "training." FORAC's postulated hit squads operation is an entirely plausible candidate. There was, after all, talk in the immediate aftermath of 9/11 of Presidential authorization for a foreign intel service to conduct assassination operations on domestic turf -- i.e., Mossad.

Sheer speculation could also suggest devices to physically "track" profiled individuals throughout the USA.

As Rep. Rush Holt said about the protests, “We wouldn’t be doing this over a trivial matter.” Hoekstra are at pains to play it down, using language suggesting the program "never got off the ground" -- not language suggesting it wasn't a big deal from a Constitutional perspective.

I think people should understand the possible of significance of what will probably leak out now that we are a mere 6 months into the Obama Presidency.

- SAP's are ostensibly above TOP SECRET/SCI. When you hear someone (or a movie, or a novel) say TOP SECRET/CODEWORD, that is accurate. Without disclosing classified information, I'll explain the process.

You have CONFIDENTIAL, SECRET and TOP SECRET information. SECRET and TOP SECRET information can be and is often given a SCI, or "Sensitive Compartmentalized Information" caveat. Further beyond that are SAP's, or "Special Access Programs".

The following were what they are indicated to be:

- NSA domestic wiretapping: TOP SECRET/SAP
- JSOC/CIA/FBI task forces in Iraq, Afghanistan: TOP SECRET/SAP
- JSOC units themselves: SECRET, TOP SECRET
- US Air Force Predator and Reapers (not CIA owned): TOP SECRET
- Where Predators/Reapers/other UAVs are based: SECRET, TOP SECRET
- aircraft carrier movements and troop movements: SECRET
- sub movements/bomber movements: TOP SECRET, TOP SECRET/SCI
- Most NORTHCOM operations: SECRET, TOP SECRET
- Rendition using DoD aircraft on loan to CIA: probably TOP SECRET/SCI
- DIA operations overlooked or mistaken to be CIA: TOP SECRET/SAP
(remember, it was DIA that identified Atta before 9/11)

In the past, SAP's have been use to abuse their intended purpose
(keeping highly classified programs like the B-2 bomber secret and known to a handful of people) and instead to compartmentalize troubling or questionable activities and prevent them from being discovered. (at least to Congress or future Administrations, I don't disagree with anything that has been instituted so far)

To put this in perspective, consider that the only SAP to be exposed so far is the domestic NSA wiretapping program and mere rumors of JSOC task forces (which are very real but details are intentionally scarce, even on JWICS/SIPR networks)

In plain English? Everything that has come out so far has been TOP SECRET and SECRET information, leaked on purpose.

The SAP's are (rightfully so) where all the really nasty stuff is.
Is it good for the country? Some of these programs ARE necessary. B

When they come out (which they never should) America will be shocked.