I offer you a simple set of facts: under the Bush administration, the CIA set up a program that indisputably contained torture techniques; in due course, the Senate Intelligence Committee investigated the program in order to get some clarity as to its intent, its techniques, its authorization and its results; as the Committee was doing its work, the CIA hacked its computers in order to craft its own defense and suss out what the Committee had discovered. When Senator Feinstein publicly accused the CIA of this grotesque interference in its affairs, and assault on the constitutional separation of powers, the CIA chief, John Brennan said:
As far as the allegations of, you know, CIA hacking into, you know, Senate computers, nothing could be further from the truth. I mean, we wouldn’t do that. I mean, that’s—that’s just beyond the—you know, the scope of reason in terms of what we would do.
At the time I wrote: “Either Brennan or Feinstein isn’t telling the truth. ” We now know it was Brennan who wasn’t telling the truth, as the CIA itself has now acknowledged in its own internal report that it did exactly that – something “beyond the scope of reason”. Indeed it is beyond the scope of reason. It was also beyond the scope of reason that the CIA would import the torture and brain-washing techniques of Communist China in order to glean intelligence from captured enemy combatants. And yet they did that as well. But the attempt to obstruct justice by hacking into the Senate’s computers adds something else to the original crime. Let’s recall what DiFi said back in March:
Here’s her conclusion:
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. … The CIA’s search may also have violated the Fourth Amendment, the Computer Fraud and Abuse Act as well as Executive Order 120003, which prohibits the CIA from conducting domestic searches or surveillance.
This is not a minor matter – it is a hugely important matter in terms of the constitution and the rule of law. We’re talking here about crimes and deception. How are we supposed to believe another word that comes out of Brennan’s mouth? And how desperate must the CIA have been to cover up its crimes that it took this extraordinary step of spying on the Senate that oversees it?
I submit that either Brennan knew nothing of what was going on and had no grip on his own agency; or he knew full well and was brazenly lying in public. In either case, under his watch, the CIA tried to subvert a critical Congressional report on its own criminal history.
Brennan owes the nation an explanation for his own actions. Why did he put out a false cover story? Was he bamboozled by his own squad? Was he trying to stonewall?
The CIA conducts much of its business in secrecy; and most of Congress’ vetting of the CIA likewise occurs out of public view. Effective oversight requires trust and cooperation between the two—and there must be that trust and cooperation for the public to have confidence that the oversight system works. But there also has to be public trust in those who lead the CIA. Brennan’s initial public statements about this scandal severely undermine his credibility. He owes the public a full accounting. If he remains in the job, President Barack Obama will owe the public an explanation for why he retained an intelligence chief who misled the public about CIA misconduct.
(Photo: Central Intelligence Agency Director John Brennan takes questions from the audience after addressing the Council on Foreign Relations in in Washington, DC on March 11, 2014. Brennan denied accusations by U.S. senators who claim the CIA conducted unauthorized searches of computers used by Senate Select Committee on Intelligence staff members in an effort to learn how the committee gained access to the agency’s own 2009 internal review of its detention and interrogation program, undermining Congress oversight of the spy agency. By Chip Somodevilla/Getty Images.)