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Context of 'May 1-10, 2007: Senators Object to CIA’s Interrogation Tactics'

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Retired AT&T technician Mark Klein (see December 15-31, 2005 and July 7, 2009), working with a civil liberties group and a reporter to expose the collusion of AT&T and the National Security Agency in pushing the government’s illegal surveillance program (see Early January 2006 and January 23, 2006 and After), contacts the office of Senator Dianne Feinstein (D-CA) at the advice of Electronic Frontier Foundation lawyer Kevin Bankston. Klein talks to Feinstein’s chief attorney in Washington, DC, Steven Cash. Klein will later write: “I instinctively recoiled at the thought of trying to approach her as my memory of her record told me she was no friend of civil liberties, though she plays one on TV. My instinct was not wrong.” After an initial discussion with Cash, Klein emails him his packet of documentation (see December 31, 2005). On the afternoon of February 3, Cash calls Klein and says he is very interested in his story, though Feinstein’s staff rates the probability of the NSA performing illegal acts at somewhere around “50-50,” according to Klein. Cash promises to get back in touch with Klein on February 6, but fails to do so. Neither Klein nor his attorneys (see Early January 2006) are able to talk to anyone on Feinstein’s staff from here on. Klein later writes: “The silent message was unmistakable: the senator did not want to sully her political skirts by having contact with a whistleblower. And this was a foretaste of her behavior and voting for the next two and a half years. At every turn, she was there pushing for immunity for the telecom companies in the Senate Intelligence and Judiciary Committees; peddling her toothless restatement of the ‘exclusive means’ clause of FISA [the Foreign Intelligence Surveillance Act—see 1978] as a substitute for any confrontation with the president over ongoing illegal NSA spying; ushering former NSA Director Michael Hayden through his nomination for CIA director; and backing Michael Mukasey as a clone replacement for the resigning Attorney General [Alberto] Gonzales. Moreover, this ultimately turned out to be the attitude of virtually the entire Democratic Party leadership, not to mention the Republicans.” Klein will explain that FISA’s “exclusive means” clause states that FISA should be the “exclusive means” for the federal government to conduct surveillance. Congress’s duty under the law was, Klein will state, to enforce the law against President Bush, “who openly flouted the law.” Instead, Klein will claim, Feinstein uses the “exclusive means” clause to protect the Bush administration and the telecom firms. [Klein, 2009, pp. 57-60]

Entity Tags: Electronic Frontier Foundation, AT&T, Dianne Feinstein, Mark Klein, National Security Agency, Steven Cash, Kevin Bankston

Timeline Tags: Civil Liberties

Russell Feingold.Russell Feingold. [Source: Flickr.com]Four senators—Russell Feingold (D-WI), Dianne Feinstein (D-CA), Chuck Hagel (R-NE), and Ron Wyden (D-OR)—send letters objecting to the CIA’s use of waterboarding and other extreme methods of interrogation against terrorism suspects after receiving a briefing from CIA Director Michael Hayden on the subject. Though lawmakers are bound by secrecy oaths from revealing the nature of the classified briefings on secret interrogation subjects, in November 2007, Feingold will breach that oath, complaining that the Bush administration is mischaracterizing the level of Congressional support for what administration officials call “enhanced interrogation tactics” (see November 7, 2007). [Washington Post, 12/9/2007]

Entity Tags: Ron Wyden, Chuck Hagel, Russell D. Feingold, Central Intelligence Agency, Dianne Feinstein, Michael Hayden, Bush administration (43)

Timeline Tags: Torture of US Captives

President-elect Barack Obama orders two days of secret briefings with the CIA on interrogation policies and procedures. He sends his chief counsel, Gregory Craig; his nominated National Security Adviser, James Jones; foreign policy adviser Denis McDonough; former senators David Boren (D-OK) and Chuck Hagel (R-NE); and former CIA general counsel Jeffrey H. Smith to Langley. They meet with CIA Director Michael Hayden, his deputy Stephen Kappes, and about 20 senior CIA officials, who brief Obama’s team on the agency’s counterterrorism and rendition programs. In the briefings, Hayden and his colleagues argue for the preservation of the agency’s secret prison and torture programs. Hayden acknowledges that the agency stopped using the secret prisons in 2006, and says that agency operatives stopped using waterboarding as an interrogation method in 2003. He wants the CIA to retain its option to use other “harsh methods” as needed. During the briefings, CIA officials acknowledge that some foreign intelligence agencies have begun withholding information about suspected terrorists from the agency for fear that they might become implicated in the eventual torture of those suspects. As Boren and Smith will later recall, the group is not convinced that whatever useful intelligence those methods may have garnered warrants keeping them as an option. “They said that they had produced valuable intelligence,” Smith will recall. “We took them at their word.” However, the group decides that “whatever utility it had at the outset… the secret prisons and enhanced techniques were no longer playing a useful role—the costs outweighed the gains.” Those costs include the palpable damage to America’s identity and values, and the lost credibility and prestige among many of its closest allies. Boren will later call attending the briefings “one of the most deeply disturbing experiences I have had.… I wanted to take a bath when I heard it. I was ashamed of it.” He believes that “fear was used to justify the use of techniques that violate our values and weaken our intelligence,” and that the agency did not prove those methods “are particularly effective at getting the truth.” [Washington Post, 4/24/2009]

Entity Tags: Greg Craig, Central Intelligence Agency, Barack Obama, Chuck Hagel, Denis McDonough, James L. Jones, Stephen Kappes, David Boren, Jeffrey H. Smith, Michael Hayden

Timeline Tags: Torture of US Captives

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