More on the Congress-CIA spying fight

Over at the New Yorker, Amy Davidson fills us in on the details of the fight between Senate Intelligence Committee chair Diane Feinstein and CIA director John Brennan. It shows how the CIA infiltrated the computers of the intelligence committee staffers and messed around with their documents.

This all goes back to the first years after September 11th. The C.I.A. tortured detainees in secret prisons. It also videotaped many of those sessions. Those records should have been handed over, or at least preserved, under the terms of certain court orders. Instead, in November, 2005, a C.I.A. official named Jose Rodriguez had ninety-two videotapes physically destroyed. “Nobody wanted to make a decision that needed to be made,” he told me when I interviewed him in 2012. (He also said, “I really resent you using the word ‘torture’ time and time again.”)

Feinstein, in her speech, said that the C.I.A.’s “troubling” destruction of the tapes put the current story in motion. Michael Hayden, then director of the C.I.A., had offered the committee cables that he said were just as descriptive as the tapes. “The resulting staff report was chilling,” Feinstein said. The committee voted to begin a broader review. The terms were worked out in 2009, and staff members were given an off-site facility with electronic files, on computers supposedly segregated from the C.I.A.’s network, that added up to 6.2 million pages—”without any index, without any organizational structure. It was a true document dump,” Feinstein said. In the years that followed, staff members turned that jumble into a six-thousand-page report, still classified, on the C.I.A.’s detention practices. By all accounts, it is damning.

But, Feinstein said, odd things happened during the course of the committee members’ work. Documents the C.I.A had released to them would suddenly disappear from the main electronic database, as though someone had had second thoughts—and they knew they weren’t imagining it, “Gaslight”-style, because, in some cases, they’d printed out hard copies or saved the digital version locally. When they first noticed this, in 2010, Feinstein objected and was apologized to, “and that, as far as I was concerned, put the incidents aside.” Then, after the report was completed, the staff members noticed that at some point hundreds of pages of documents known as the “Panetta review” had also, Feinstein said, been “removed by the C.I.A.”

Brennan and the CIA seems to be sneering at Feinstein and the Congress, practically daring them to take him on and accusing them of stealing the “Panetta review” (an internal review commissioned by then-CIA director Leon Panetta) from the CIA and thus possibly committing a criminal act. Brennan seems to feel that he has president Obama’s support.

John Brennan was at the C.I.A. when it used torture. During President Obama’s first term, he was in the White House, and got the President’s trust. In his confirmation hearings, he suggested that he had learned something from the Senate report; as director, he has tried to discredit it. Obama had made a decision early on not to pursue prosecutions of C.I.A. officials for torture and other crimes. He gave them a bye. Feinstein herself has been a prominent defender of the intelligence community, notably with regard to the N.S.A.’s domestic surveillance and collection of telephone records. It is bafflingly clumsy of the Agency to have so alienated her.

This arrogance on Brennan’s part may not be a smart move since he is alienating one of his most loyal supporters in Congress.

Will Feinstein keep maintaining her new watchdog role? Or will she be persuaded to go back to being a lapdog?


  1. astrosmashley says

    This is good stuff, and I wouldn’t be surprised to find out that the nature of this ‘reveal’ (and I’ll wager subsequent ones as well) was somewhat planned by Greenwald and co. The same thing happened when Merkle discovered that she was being surveilled by the US. If anything is going to cause change with the NSA it will be because those who believed themselves to be immune from its prying eyes will be made to feel the same vulnerabilty and violation the rest of us average schmucks feel already.

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