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Three former CIA agents, Brent Cavan, Jim Marcinkowski, and Larry Johnson, and one current CIA official who declines to be identified, prepare a joint statement for the Senate Intelligence Committee. Because of problems with travel arrangements, Marcinkowski appears alone.
'You Are a Traitor and You Are Our Enemy' - In a closed session, Marcinkowski delivers their statement, which reads in part: “We acknowledge our obligation to protect each other and the intelligence community and the information we used to do our jobs. We are speaking out because someone in the Bush administration seemingly does not understand this, although they signed the same oaths of allegiance and confidentiality that we did. Many of us have moved on into the private sector, where this agency aspect of our lives means little, but we have not forgotten our initial oaths to support the Constitution, our government, and to protect the secrets we learned and to protect each other. We still have friends who serve. We protect them literally by keeping our mouths shut unless we are speaking amongst ourselves. We understand what this bond or the lack of it means. Clearly some in the Bush administration do not understand the requirement to protect and shield national security assets. Based on published information we can only conclude that partisan politics by people in the Bush administration overrode the moral and legal obligations to protect clandestine officers and security assets. Beyond supporting Mrs. Wilson with our moral support and prayers we want to send a clear message to the political operatives responsible for this. You are a traitor and you are our enemy. You should lose your job and probably should go to jail for blowing the cover of a clandestine intelligence officer. You have set a sickening precedent. You have warned all US intelligence officers that you may be compromised if you are providing information the White House does not like.… Politicians must not politicize the intelligence community. President Bush has been a decisive leader in the war on terrorism, at least initially. What about decisiveness now? Where is the accountability he promised us in the wake of Clinton administration scandals? We find it hard to believe the president lacks the wherewithal to get to bottom of this travesty. It is up to the president to restore the bonds of trust with the intelligence community that have been shattered by this tawdry incident.”
Questions from Senators - One committee member, Chuck Hagel (R-NE), asks Marcinkowski if he believes the White House can investigate itself, a reference to the White House’s promise to conduct a thorough internal investigation (see March 16, 2007). Marcinkowski replies that if the attorney general is trying to intimidate federal judges, it is unlikely that he can be trusted to conduct such an investigation. Another senator, Christopher “Kit” Bond (R-MO), challenges Marcinkowski, demanding that he cease attacking “my friend” Attorney General John Ashcroft. According to Marcinkowski’s later recollection, “A total food fight ensued,” with committee member Dianne Feinstein (D-CA) accusing Bond of trying to intimidate a witness.
Immediate Classification - A few minutes after the hearing concludes, Marcinkowski learns that the entire hearing has been declared secret by committee chairman Pat Roberts (R-KS). Marcinkowski, who is scheduled to testify again before a Democrats-only hearing the next day, is incensed. He believes that Roberts deliberately scheduled the full committee hearing to come before the Democratic hearing, so he can classify Marcinkowski’s testimony and prevent him from testifying publicly in support of Plame Wilson. Marcinkowski decides to appear before the Democratic hearing anyway. He calls a Democratic staffer and says, “You call Roberts’s office and you tell him I said that he can go straight to hell.” Marcinkowski anticipates being arrested as soon as his testimony before the Democratic committee members, not knowing that Roberts has no authority to classify anything.
Democratic Hearing - Marcinkowski, joined by Johnson and former CIA counterterrorism chief Vincent Cannistraro, testifies before the committee’s Democrats. The last question is from Senate Minority Leader Tom Daschle (D-SD), who has this question whispered to him by ranking member John D. Rockefeller (D-WV). Rockefeller says: “I would like to ask Mr. Marcinkowski, who is an attorney, one more question. Do you think the White House can investigate itself?” After the hearing, Rockefeller grabs Marcinkowski’s hand and asks, “What did you think of the food fight yesterday?” (Cavan et al. 7/18/2005; Wilson 2007, pp. 382-386)
Missouri Governor Matt Blunt (R-MO) awards a no-bid contract to Tracy Graves, the wife of US Attorney Todd Graves (see October 11, 2001), to manage a motor vehicle license office near Kansas City. In Missouri, license agents are independent contractors who receive a portion of the fees their offices collect. On March 1, Cory Dillon, the executive director of the Missouri Democratic Party, urges Attorney General Alberto Gonzales to fire Graves based on his wife’s acceptance of the contract. Dillon points out that in addition to Tracy Graves, her brother and two staff members from the office of Representative Sam Graves (R-MO), Todd Graves’s brother, have also been awarded similar contracts. The Kansas City Star reports on Dillon’s letter to Gonzales on March 2, and the day after runs an editorial accusing Todd Graves of a “clear conflict of interest” if he is ever led to investigate the Blunt administration. Gonzales’s chief of staff, Kyle Sampson, refers the matter to Chuck Rosenberg, the chief of staff to Deputy Attorney General Paul McNulty. Sampson’s March 16 email to Rosenberg indicates that the White House is interested in the matter, and has asked, ”(1) whether we have looked into the allegations made against Graves… and (2) what our conclusion is, i.e., whether we are comfortable that he doesn’t have any legal or ethical issues.” The matter is referred by Associate Deputy Attorney General David Margolis to the Executive Office for US Attorneys (EOUSA), which in turn refers the matter to the Office of the Inspector General (OIG). That office, after reviewing the matter and consulting with Margolis, decides not to open an investigation. On April 8, Margolis informs Graves that he has “determined that there is no existing conflict of interest that requires further action at this time.” Graves will tell Justice Department investigators probing the 2006 US Attorney purge (see September 29, 2008) that he himself had brought the Dillon complaint to the attention of EOUSA Director Mary Beth Buchanan after reading about it on the Internet. He considers the allegations groundless. He will say that at no time did anyone in the Justice Department ever raise any questions concerning the propriety of his wife’s contract, or allege that her contract put his position as US Attorney in jeopardy. And, he will state, no Justice Department official ever raised concerns with him about his performance (see March 2002). However, Principal Assistant Deputy Attorney General William Mercer will later recall Sampson voicing “real concerns” about the contract because, Mercer will say, Sampson feels it does not reflect well on the US Attorney’s office. Margolis will speculate that this issue is what prompts Sampson to put Graves on the list of US Attorneys he feels should be fired (see January 1-9, 2006), though he will say he cannot be sure because he never spoke to Sampson about it. Sampson does not express any such concerns in his email to Rosenberg. When investigators ask Sampson about the matter, he will claim memory loss, saying he has no recollection of being involved in any way with Graves’s firing. As the investigators will write, “Sampson also did not express any consternation about the license fee contract matter to us during his interview, and he essentially disclaimed any responsibility for requesting Graves’s resignation.” (US Department of Justice, Office of the Inspector General 9/29/2008) During this time, the legal counsel for Senator Christopher “Kit” Bond (R-MO), Jack Bartling, will issue repeated demands to the White House that Graves be fired, in part because of Tracy Graves’s contract but largely because of conflicts between the offices of Bond and Sam Graves (see Spring 2005).
Jack Bartling, the legal counsel for Senator Christopher “Kit” Bond (R-MO), calls the White House Counsel’s Office (WHCO) several times to demand that the US Attorney for the Western District of Missouri, Todd Graves (see October 11, 2001), be fired. Graves’s single performance review by the Justice Department was excellent (see March 2002), and Bartling’s complaints are not performance-related. Bartling speaks to associate White House counsel Grant Dixton on numerous occasions demanding that Graves be fired. Bartling will speak to Justice Department investigators looking into the 2006 US Attorney purge (see September 29, 2008), and will say that Bond had nothing to do with his efforts to get Graves fired; instead, Bartling will characterize the problem as a “staff issue” being handled by himself and Bond’s chief of staff. Bartling will claim to have never discussed the matter with Bond, as it would have been beneath Bond’s position as “undisputed leader of the Republican congressional delegation in Missouri” to become involved in such a matter. Bartling will say that the demands for Graves’s removal are actually sparked by discord between the staffs of Bond and US Representative Sam Graves (R-MO), Todd Graves’s brother. Representative Graves’s office does “not run business” in a manner the Bond’s staff finds acceptable. Bartling will say that they asked Todd Graves to try to control his brother, but the US Attorney chose not to become involved in the dispute. Bartling will say he raises the issue of Todd Graves’s wife accepting a no-bid contract from Governor Roy Blunt (R-MO) that he says poses a potential conflict of interest for Graves (see February - April 2005). Dixton is the only person in the WHCO who will cooperate with the Justice Department investigation, and he will confirm speaking to Bartling about Graves. According to Dixton, Bartling wants to see Graves removed when Graves’s term of office expires in October 2005. Dixton will say that he cannot recall clearly, but he likely brought the matter to the attention of Kyle Sampson, the deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005), and to deputy White House counsel William Kelley. Dixton, however, will say that he only spoke to Bartling once, and does not remember speaking to Bartling about Graves’s wife. The Justice Department investigators will determine that Bartling likely spoke to associate White House counsel Richard Klingler as well as Dixton, but Klingler will refuse to cooperate with the investigation. (US Department of Justice, Office of the Inspector General 9/29/2008) The matter will be referred to the Justice Department (see Summer - Fall 2005).
The complaints against US Attorney Todd Graves of Missouri from Jack Bartling, the legal counsel for Senator Christopher Bond (R-MO—see Spring 2005), make their way to the Justice Department. Bartling, who later cooperates with the Justice Department investigators looking into the 2006 US Attorney purge (see September 29, 2008), says he understood from his conversations with officials in the White House Counsel’s Office that the matter is now in the hands of the Justice Department. Moreover, Bartling goes to Washington to interview for a position in the Office of the Deputy Attorney General in the fall of 2005, and during the interview process speaks to Michael Elston, the chief of staff to Deputy Attorney General Paul McNulty. Elston asks Bartling if Bond is still interested in removing Graves from his position. Elston will also speak to the investigators, and will tell them that he learned that Graves had lost Bond’s support from Bond’s staff, and not from someone in the Justice Department. Elston will also say that he did not discuss with Bartling the reasons why Graves should be fired, but he knows enough about the discord between the Bond staff and the staff of US Representative Sam Graves (R-MO), Todd Graves’s brother, to make some assumptions about the reason for the request. Elston will say he does not bring the matter to the attention of McNulty or anyone else in the department. (US Department of Justice, Office of the Inspector General 9/29/2008)
Former NSA Director Michael Hayden, testifying as part of his nomination hearings to head the CIA, denies that the NSA has engaged in illegal surveillance operations against US citizens, after allegations by former Qwest CEO Joe Nacchio that he met with NSA officials well before the 9/11 attacks and discussed such a surveillance program. Nacchio refused to cooperate with the NSA, and he says that his telecommunications firm suffered retaliation as a result of his refusal (see February 27, 2001). Other telecom firms such as BellSouth, AT&T, and Verizon did cooperate (see February 2001 and Beyond). Court documents show that Nacchio balked at cooperating with the NSA after learning that the agency wanted Qwest’s phone records of the firm’s customers, but had no warrants or approval from the Foreign Intelligence Surveillance Court, which oversees all US intelligence agencies’ surveillance operations.
Denial - Hayden denies that the NSA has broken the law, and that it has complied with its oversight responsibilities. “Everything that the agency has done has been lawful,” he says. “It’s been briefed to the appropriate members of Congress. The only purpose of the agency’s activities is to preserve the security and the liberty of the American people. And I think we’ve done that.” Nacchio says the NSA continued to make similar requests of Qwest until he left the firm in June 2002. The court documents are part of Nacchio’s trial on numerous counts of insider trading.
Political Reaction - The White House and Senate Republicans are generally supportive of Hayden while Senate Democrats have mixed feelings. One who questions Hayden’s credibility is Ron Wyden (D-OR) of the Senate Intelligence Committee, who says, “The American people have got to know that when the person who heads the CIA makes a statement that they are getting the full picture.” In contrast, Kit Bond (R-MO), a member of the select panel allowed access to classified information on the warrantless surveillance program, says, “The president’s program uses information collected from phone companies,” but only the telephone number called and the caller’s number. Conversations, says Bond, are not recorded. President Bush says that the NSA wiretapping program is not “mining or trolling through the personal lives of millions of innocent Americans.”
Scope of Program - A senior government official given permission to speak anonymously about the program says that while the NSA has access to records of almost all domestic phone calls, the records are used solely to trace regular contacts of “known bad guys.” The NSA needs access to the entirety of citizens’ phone communications, the official says, but it isn’t “interested in the vast majority of them.” (Associated Press 5/12/2006; O'Neil and Lichtblau 5/12/2006; CBS News 5/12/2006)
A bipartisan group of senators headed by Ron Wyden (D-OR) and Kit Bond (R-MI) campaign to force the CIA to release the executive summary of a report by its inspector general about some aspects of its performance before 9/11. Wyden says, “It’s amazing the efforts the administration is going to stonewall this,” adding that he is considering linking acceptance of President Bush’s nominations for national security positions to the report’s release. Wyden also says that the report is not being kept secret for national security reasons, but merely to protect individuals from embarrassment. Apparently, some of the officials criticized in the report are still in “senior government positions.” The idea of releasing the executive summary is twice approved by the Senate before being made law in August 2007 (see August 8, 2007). (Associated Press 5/18/2007)
Senator Christopher “Kit” Bond (R-MO), the ranking member of the Senate Intelligence Committee, demands that former CIA official Valerie Plame Wilson explain what he calls “differences” in her various accounts of how her husband, Joseph Wilson, was sent to Niger in 2002 to investigate claims that Iraq was attempting to secretly buy uranium from that nation (see February 21, 2002-March 4, 2002 and July 6, 2003). Plame’s differing versions have furthered “misinformation” about the origins of the case that roiled official Washington beginning in July 2003, Bond says. A recently released CIA memo from February 2002 said Plame Wilson “suggested” her husband for the trip. Bond says this is at odds with Plame Wilson’s March 2007 testimony before Congress, where she said a CIA colleague first suggested her husband for the trip (see March 16, 2007). In Bond’s version of events, Plame Wilson has told three different versions of events: in 2003 or 2004, she told the CIA’s Inspector General that she suggested Wilson; in 2004, she told committee staffers that she wasn’t sure if she had suggested Wilson (see July 9, 2004); in her March testimony before the House Oversight and Government Reform Committee, she said that a colleague had first suggested Wilson for the trip. A spokeswoman for Senator John D. Rockefeller (D-WV), the committee chairman, says she is not sure whether Rockefeller is interested in having committee investigators interview Plame Wilson, but Bond says he has asked the CIA for permission to re-interview her. Melanie Sloan, the attorney representing Plame Wilson, says her client has “always been very consistent that she is not the person responsible for sending Joe Wilson” to Africa. Instead, Sloan says, trying to impugn Plame Wilson’s truthfulness is an attempt to draw attention from the “real wrong here—a White House that outed a covert operative and undermined national security.” (Willig 5/30/2007) The Senate Intelligence Committee did report that Plame Wilson recommended Wilson for the trip, but that report was based on somewhat inaccurate information provided in a State Department memo; both in her March 2007 testimony and her book Fair Game, Plame Wilson recalls that a young records officer first suggested that Wilson be sent (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005).
President Bush signs the controversial Protect America Act (PAA) into law. The bill, which drastically modifies the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978), was sponsored by two Senate Republicans, Mitch McConnell (R-KY) and Christopher Bond (R-MO), but written by the Bush administration’s intelligence advisers. (US Senate 8/5/2007; Nakashima and Warrick 8/5/2007) It passed both houses of Congress with little debate and no hearings (see August 1-4, 2007). “This more or less legalizes the NSA [domestic surveillance] program,” says Kate Martin, director of the Center for National Security Studies. (Risen 8/6/2007) Slate’s Patrick Radden Keefe adds ominously, “The Foreign Intelligence Surveillance Act is now dead, and it’s never coming back.” (Keefe 8/6/2007) The PAA expires in six months, the only real concession Congressional Democrats were able to secure. Though the Bush administration and its allies in Congress insist that the law gives the government “the essential tools it needs” to conduct necessary surveillance of foreign-based terrorists while protecting Americans’ civil liberties, many Democrats and civil liberties organizations say the bill allows the government to wiretap US residents in communication with overseas parties without judiciary or Congressional oversight. Bush calls the bill “a temporary, narrowly focused statute to deal with the most immediate shortcomings in the law” that needs to be expanded and made permanent by subsequent legislation. The administration says that the lack of judiciary oversight in the new law will be adequately covered by “internal bureaucratic controls” at the National Security Agency. (Associated Press 8/5/2007; Nakashima and Warrick 8/5/2007)
Reining in FISA - The PAA allows FISA to return “to its original focus on protecting the rights of Americans, while not acting as an obstacle to conducting foreign intelligence surveillance on foreign targets located overseas.” Before the PAA, the White House says, FISA created unnecessary obstacles in allowing US intelligence to “gain real-time information about the intent of our enemies overseas,” and “diverted scarce resources that would be better spent safeguarding the civil liberties of people in the United States, not foreign terrorists who wish to do us harm.” The PAA no longer requires the government to obtain FISA warrants to monitor “foreign intelligence targets located in foreign countries” who are contacting, or being contacted by, US citizens inside US borders. FISA will continue to review the procedures used by US intelligence officials in monitoring US citizens and foreign contacts by having the attorney general inform the FISA Court of the procedures used by the intelligence community to determine surveillance targets are outside the United States.”
Allows Third Parties to Assist in Surveillance, Grants Immunity - The PAA also allows the director of national intelligence and the attorney general to secure the cooperation of “third parties,” particularly telecommunications firms and phone carriers, to “provide the information, facilities, and assistance necessary to conduct surveillance of foreign intelligence targets located overseas.” It provides these firms with immunity from any civil lawsuits engendered by such cooperation.
Short Term Legislation - The White House says that Congress must pass further legislation to give telecommunications firms permanent and retroactive immunity against civil lawsuits arising from their cooperation with the government’s domestic surveillance program. (White House 8/6/2006)
Temporary Suspension of the Constitution? - Representative Rush Holt (D-NJ), a member of the House Intelligence Committee, says: “I’m not comfortable suspending the Constitution even temporarily. The countries we detest around the world are the ones that spy on their own people. Usually they say they do it for the sake of public safety and security.” (Nakashima and Warrick 8/5/2007)
Congressional legislation forces the CIA to declassify and release the executive summary of its inspector general’s report into some of its pre-9/11 failings. The legislation follows a long campaign by senators (see Spring-Summer 2007) and victims’ relatives (see June 18, 2007), and orders the CIA to release the summary within 30 days, together with a classified annex for Congress explaining the report’s redactions. The report was completed in 2004 (see June-November 2004), and rewritten in 2005 (see January 7, 2005), but was then not released (see October 10, 2005). Senator Ron Wyden (D-OR) says, “All I can say is that it’s an extraordinarily important, independent assessment, written with a specific purpose to learn how we can improve our security.” Senator Kit Bond (R-MI) points out that “this should have been declassified a long time ago.” (Fessenden 8/8/2007) The report is released two weeks later (see August 21, 2007).
George W. Bush, apparently taken somewhat aback by the US intelligence community’s findings released on December 3, 2007, that Iran halted its work on a nuclear bomb four years ago (see December 3, 2007), claims that he only learned about the findings on November 28. The intelligence community’s National Intelligence Estimate (NIE) has been in production for some 18 months. According to National Security Adviser Stephen Hadley, both Bush and Vice President Dick Cheney were first given initial briefings in either August or September. (White House 11/28/2007; Linzer and Warrick 12/4/2007) Bush tells reporters he wasn’t even aware of the evidence showing Iran had halted its nuclear program, “I was made aware of the NIE last week. In August, I think it was [Director of National Intelligence] Mike McConnell [who] came in and said, ‘We have some new information.’ He didn’t tell me what the information was. He did tell me it was going to take a while to analyze.… And it wasn’t until last week that I was briefed on the NIE that is now public.” A clearly incredulous reporter follows up by asking, “I understand what you’re saying about when you were informed about the NIE. Are you saying at no point while the rhetoric was escalating, as World War III was making it into conversation—at no point, nobody from your intelligence team or your administration was saying, ‘Maybe you want to back it down a little bit?’” Bush answers, “No—I’ve never—nobody ever told me that.” (CNN 12/4/2007) From Hadley’s words, the date that Bush knew of the NIE findings may be much earlier. Hadley tells reporters attempting to pin him down on the exact date when Bush was told of the findings, “[W]hen was the president notified that there was new information available? We’ll try and get you a precise answer. As I say, it was, in my recollection, is in the last few months. Whether that’s October—August-September, we’ll try and get you an answer for that.” All told, Hadley says that Bush was told of the findings within “the last few months” five different times during the press conference. (Think Progress 12/3/2007) By December 5, the White House will begin refusing to answer the question at all. White House spokesman Tony Fratto will tell reporters, “I don’t have anything on that.… I can’t give you more detail on what Director McConnell said to the President.” (White House 12/5/2007)
Bush Either 'Lying' or 'Stupid' - Many find Bush’s claim hard to accept. Senate Intelligence Committee chairman Jay Rockefeller (D-WV) notes that he and ranking committee member Kit Bond (R-MO) received a briefing on the NIE’s intelligence “several months ago,” and says, “I was really struck when the president said that he only got the final judgments on Tuesday.” He cannot imagine that he and Bond received information months in advance of Bush. Rockefeller says he “can’t believe” that McConnell’s indication of new information didn’t prevent Bush from “talking about a nuclear holocaust.” (Lehrer 12/4/2007) Former National Security Council official Flynt Leverett says the White House is probably being dishonest about what Bush knew and when he knew it. “I can’t imagine that McConnell… would tell the president about this and not tell him what the information actually said,” Leverett observes. (CNN 12/5/2007) Senator Jack Reed (D-RI) says, “What’s shocking today is that apparently he knew about this estimate a month or more before he made those statements. I don’t think that shows a responsible use of intelligence.” (Morgan 12/5/2007) And MSNBC talk show host Joe Scarborough, a former Republican Congressman, says flatly, “We are left with only two options here. Either the President of the United States is lying to the American people about what happened during that meeting, or the President of the United States is stupid.” (MSNBC 12/5/2007)
Cheney Not Hampered by Lack of Intelligence - If Bush was indeed ignorant of the intelligence findings, as he asserts, it is not likely that his vice president labored under the same lack of information, judging from the fact that Cheney’s office has been involved in trying to suppress the NIE for over a year (see October 2006).
Representative Peter Hoekstra (R-MI) pens a blistering op-ed for the conservative National Review that accuses House Democrats of allowing the Protect America Act to expire (PAA—see February 16, 2008) and thereby endangering the country by leaving it unprotected against terrorist attacks. This is the same argument President Bush and Republicans have advanced in recent days in favor of continued warrantless wiretapping (see February 23, 2008). Hoekstra calls the Democrats’ action “unprecedented irresponsibility.” The “burdensome paperwork, government lawyers, and court orders” that implementing wiretaps will now engender, Hoekstra writes, “could mean the difference in stopping a terrorist plot or saving the life of an American soldier.” Hoekstra quickly turns to another key agenda for reauthorizing the PAA—providing retroactive immunity from lawsuits for American telecommunications firms. He echoes the arguments of Bush and other officials such as Attorney General Michael Mukasey and Director of National Intelligence Mike McConnell (see February 22, 2008) by writing that without such immunity, “these companies obviously will be reluctant to cooperate with the government in the future.” But Hoekstra takes the argument even farther, equating the Democrats’ refusal to reauthorize the PAA with their support from trial lawyers, who “have contributed more $1.5 million to Democrat coffers.” He then says that US intelligence agents will suffer because, he asserts, “many of [them] have been forced to take out professional liability insurance to protect them from the actions of the Democratic Congress.” Hoekstra claims that Democrats consistently favor working to investigate global warming over protecting the nation. (Hoekstra 2/25/2008) Hoekstra continues the attack the next day with a piece in the Wall Street Journal co-authored with his House colleague Lamar Smith (R-TX) and his Senate colleague Christopher “Kit” Bond (R-MO). The three open this column with the rhetorical question, “Are Americans as safe today as they were before Congress allowed the Protect America Act to expire on Feb. 16?” and answer it with much the same arguments that Hoekstra advanced the day before. “We are less safe today and will remain so until Congress clears up the legal uncertainty for companies that assist in collecting intelligence for the government—and until it gives explicit permission to our intelligence agencies to intercept, without a warrant, foreign communications that pass through the US,” they claim. They also echo the claim asserted by McConnell and Mukasey that the nation’s intelligence community has lost valuable intelligence because of the lapse in legislation—without acknowledging that McConnell and Mukasey withdrew that claim within hours (see February 23, 2008). (Bond, Hoekstra, and Smith 2/26/2008)
Senate Democrats and Republicans spar over the just-released Senate Intelligence Committee report about the Bush administration’s use of intelligence in the run-up to war with Iraq (see June 5, 2008). However, no Democrat pushes for criminal charges against any White House officials, and administration officials dismiss the report as “old news.” Committee chairman John D. Rockefeller (D-WV) says of the report: “The tragic fact is, on issues of war and peace, which should require the most meticulous and the most precise adherence to the truth, the administration was too often careless with its words, including in some cases making presentations that were not substantiated by the available intelligence—or worse, directly contradicted by the available intelligence. The administration went well beyond what the intelligence community knew and what it believed.” Rockefeller says pushing for criminal charges would be pointless and would completely shut down already-strained relations between Congress and the White House. “It would mean nothing else, whether it’s clean air or FISA, would get done,” he says. “It’s like pressing for impeachment. It’s a grand act with only five or six months to go. It’s a futile act and it’s a wrong act, because we do have business to do.” Interestingly, Rockefeller acknowledges that charges should be brought, saying: “Should it be done in the wide sweep of history? Yes. Should it be done by us, now? No.” Senator Sheldon Whitehouse (D-RI) says, “It rots the very fiber of democracy when our government is put to these uses.” White House press secretary Dana Perino says that the report actually vindicates the administration in some areas, and in others merely rehashes old claims that the administration has already acknowledged and “taken measures to fix.” Republican committee member Christopher “Kit” Bond (R-MO) calls the report “political theater… that makes partisan points but isn’t grounded in fact,” and adds: “I don’t know why they’re trying to run against the Bush administration. Maybe they think it’s good. But unfortunately it denigrates the process of intelligence collection, analysis and oversight and that’s why it’s a very shabby example of how partisan politics can be misused in the intelligence community.” Former counterterrorism chief Richard Clarke says there must be some accountability: “I just don’t think we can let these people back into polite society and give them jobs on university boards and corporate boards and just let them pretend that nothing ever happened when there are 4,000 Americans dead and 25,000 Americans grievously wounded, and they’ll carry those wounds and suffer all the rest of their lives.” Progressive commentator Arianna Huffington calls the report “a direct rebuke to the administration’s continued claims that it was the intelligence that was faulty, and that Bush and Co. were simply presenting what the CIA had given them.… The report doesn’t use the word, but we all know what it’s called when someone presents something as fact that’s directly contradicted by the evidence. A lie. Not a mistake. A lie.” (Rushing 6/5/2008; Huffington 6/9/2008)
Many media figures repeat a disputed claim by the Pentagon that 61 former Guantanamo detainees are again engaged in terrorist activities (see January 13-14, 2009), without noting that the figure is being challenged. The argument is being used to criticize President Obama’s announced plans to close the Guantanamo detention facility within a year (see January 22, 2009). Liberal media watchdog organization Media Matters documents a number of media outlets promulgating the claim. On Fox News, host Sean Hannity tells a guest, “But we know… 61 Gitmo detainees that have already been released, according to the Pentagon, went right back to the battlefield with their fanaticism.” On CNN, neoconservative guest Clifford May tells host Campbell Brown: “Many hundreds have been released. About 60 of them—a little more than that—have returned to the battlefield.” Brown fails to challenge the claim. Nor does MSNBC’s Chris Matthews challenge a similar assertion from Senator Christopher Bond (R-MO), who says, “we know already that more than 60 of the people who have been released have been killing our troops, our Americans and civilians on the battlefield.” (Media Matters 1/23/2009) The Boston Globe reports, “Pentagon statistics show that of the hundreds of detainees that have been released from Guantanamo since it opened in early 2002, at least 61 have returned to terrorist activities.” (Williams and Bender 1/22/2009) The Los Angeles Times reports, “The Pentagon has said that 61 former detainees have taken up arms against the US or its allies after being released from the military prison in Cuba.” (Los Angeles Times 1/23/2009) The San Francisco Chronicle reports, “Republicans also claimed that 61 detainees already released have been ‘found back on the battlefield.’” (Lochhead 1/23/2009) And an ABC News article repeats House Minority Leader John Boehner’s (R-OH) statement, “Do we release them back into the battlefield, like some 61 detainees that have been released we know are back on the battlefield?” ABC does not report that the claim is disputed. (Tapper, Crawford-Greenburg, and Khan 1/22/2009)
Three Senate Republicans—Minority Leader Mitch McConnell (R-KY), former presidential candidate John McCain (R-AZ), and Christopher “Kit” Bond (R-MO)—hold a “Health Care Reform Forum” at Children’s Mercy Hospital in Kansas City. The event is closed to the public. The attendees were invited either by the senators or the hospital administration. McConnell tells the audience that he believes it is time to “step back and start over” on health care reform. McConnell and McCain intend to take part in two more health care forums, in Charlotte, North Carolina, and Hialeah, Florida, but both events will also be closed to the public. Senator Claire McCaskill (D-MO), who has taken part in several contentious town hall audiences (see July 27, 2009 and August 11, 2009), criticizes the Republican senators for not allowing citizens to take part in the discussions, saying: “I’m disappointed that the Republican leader of the Senate is coming to Kansas City on Monday and participating in a forum, but they’re not opening it up to the public. It’s invitation-only. I think it might be helpful for the leadership in the Republican Party to have some of the experiences I’ve had over the last week, where some of the meetings are wildly in favor of reform, and other meetings are wildly against it. I think having that pulse is important, and I think the Republican leader would benefit from that.” (Terkel 8/31/2009; Funk 8/31/2009)
White House official Van Jones, the Obama administration’s special advisor for environmental jobs, resigns after a barrage of criticism from conservative critics and Republican officials. Jones is an author, community organizer, and “green jobs” expert from the San Francisco area; before his resignation, he was in charge of a small White House program advocating for jobs in energy-efficient industries. Indications are that Jones was asked by White House officials to resign, in part because administration officials wanted to “move beyond” the criticism of him as Obama prepares to address Congress on the subject of health care reform (see September 9, 2009). In 2004, Jones signed a petition asking for an investigation into whether the Bush administration had allowed the 9/11 terrorist attacks in order to provide a pretext for war in the Middle East, though he has always said he does not support the so-called “truther” movement that features allegations of Bush officials’ involvement in the 9/11 attacks. Shortly before joining the administration, Jones used the term “_ssholes” to characterize Republicans. He is a public supporter of Mumia Abu-Jamal, convicted of murdering a Philadelphia police officer. Conservatives have termed him a “radical Communist” for his affiliation with some left-wing protest movements. The New York Times calls the controversy around Jones a “significant distraction” to Obama’s health care agenda. Critics have attacked Jones specifically as well as administration officials such as him, sometimes called “czars,” who are appointed to positions of some influence in the White House without having to be approved by Congress. White House officials say that they were unaware of Jones’s more controversial statements and positions because his position was not considered senior enough to warrant complete vetting. Press secretary Robert Gibbs says that Obama does not endorse Jones’s views and did not hesitate to accept his resignation: “Well, what Van Jones decided was that the agenda of this president was bigger than any one individual. The president thanks Van Jones for his service in the first eight months, helping to coordinate renewable energy jobs and lay the foundation for our future economic growth.” (Broder 9/6/2009; Barbash and Siegel 9/7/2009) The online news site Politico writes: “Jones’ departure from the position is the first real scalp claimed by the Republican right, which stoked much of the criticism of Jones.… Jones’ controversial statements fit snugly into the narrative woven by some conservative critics of Obama as a dangerous leftist, a critique that goes back to the campaign and was based as much on his past work as a community organizer and associations with the likes of the Rev. Jeremiah Wright and William Ayers as on his policies. Jones’ roots in radical politics, and a spate of newly surfaced links Saturday documenting his advocacy for convicted cop killer and former Black Panther Mumia Abu Jamal—a death row prisoner who many in the activist left view as an unjustly convicted political prisoner—threatened to play into that narrative.” (Barbash and Siegel 9/7/2009) One of Jones’s loudest critics was Fox News’s Glenn Beck, who has repeatedly targeted Jones on his show since July 2009. Beck regularly calls Jones a “Communist-anarchist radical.” Some speculate that Beck began attacking Jones because an organization co-founded by Jones, Color of Change, began a movement to force Beck’s resignation after Beck called Obama a “racist” (see July 28-29, 2009). The influential conservative news blog World Net Daily (WND) has attacked Jones since at least April 2009, calling him “an admitted radical communist and black nationalist leader” who “sees [the] environment as [a] racial issue.” Beck has used much of WND’s rhetoric in his attacks on Jones. (Klein 4/12/2009; Weigel 9/4/2009; Broder 9/6/2009) In recent days, Representative Mike Pence (R-IN) called on Jones to resign, and Senator Christopher “Kit” Bond (R-MO) called for an investigation into Jones’s appointment, labeling Jones as “erratic and unstable” in a letter to Senator Bernie Sanders (I-VT), the chairman of the Green Jobs and New Economy Subcommittee. Former Democratic National Committee chairman Howard Dean defends Jones, saying he was being penalized for not realizing what the petition he signed in 2004 was: “This guy’s a Yale-educated lawyer. He’s a best-selling author about his specialty. I think he was brought down, and I think it’s too bad. Washington’s a tough place that way, and I think it’s a loss for the country.” In his resignation letter, Jones writes: “On the eve of historic fights for health care and clean energy, opponents of reform have mounted a vicious smear campaign against me. They are using lies and distortions to distract and divide.” However, he writes, though many have advised him to stay and fight for his position: “I cannot in good conscience ask my colleagues to expend precious time and energy defending or explaining my past. We need all hands on deck, fighting for our future.” (Broder 9/6/2009; Barbash and Siegel 9/7/2009)
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