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Profile: House Committee on Oversight and Government Reform

House Committee on Oversight and Government Reform was a participant or observer in the following events:

Eight agents from the Bureau of Alcohol, Tobacco and Firearms (BATF) take up surveillance on the Branch Davidian compound just outside of Waco, Texas, after compiling evidence of illegal gun caches and child abuse among the community (see November 1992 - January 1993). The agents assume undercover identities as students at Texas State Technical Institute and rent a ramshackle house directly across from the front driveway leading into the Davidian property. One of the agents pretends to be interested in the Davidians’ religious teachings in order to gain access to the compound itself. [House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996]
Weapons Observed - The agents who manage to gain access to the compound find a large cache of semi-automatic weapons, including AK-47’s, AR-15’s, M-16’s, 9-millimeter handguns, Israeli assault rifles, and others. [New York Times, 3/27/1993]
Undercover Identities Compromised - Many of the Davidians believe the men to be federal agents, correctly surmising that they are too old and too affluent to be college students. The 1995 House investigation of the Davidian debacle (see August 2, 1996) will determine that “a series of mistakes” by the agents alerts the Davidians to their true identities; a 1996 House committee report will find, “At least some of the breaches of security were so serious, and obvious, that they should have been recognized as such by [B]ATF, and become the basis for modifying the nature and timing of any subsequent action against [Davidian leader David] Koresh.” Koresh tells his next-door neighbor of his suspicions, and says he believes the “college students” to be federal agents. The agents are told by another neighbor that Koresh suspects them of being undercover agents. On one occasion, some Davidians visit the agents’ house with a six-pack of beer to welcome their new neighbors, but the agents refuse to let them in. One of the agents, Robert Rodriguez, will later testify that “all of [the undercover BATF agents], or myself, knew we were going to have problems. It was just too—too obvious.”
Agents Unprepared with Basic Intelligence - Moreover, the agents’ preparation was so poor that they do not even know what Koresh looks like; their single means of identifying him is an old driver’s license photograph. The House investigation will find that the “lack of such basic and critical intelligence clearly undermined the ability of the undercover operation to fulfill its mission.” [New York Times, 3/6/1993; House Committee on Government Reform and Oversight, 8/2/1996]
Surveillance Fails to Find Evidence of Criminal Activity - The surveillance, including film from cameras peering into the Davidian compound, produces no evidence of criminal activity. What surveillance material that is created—some 900 photographs and other materials—is largely ignored. [House Committee on Government Reform and Oversight, 8/2/1996]
'Grossly Incompetent' - In 1996, the House committee investigation will find that the BATF investigation is “grossly incompetent” (see August 2, 1996). [House Committee on Government Reform and Oversight, 8/2/1996]

Entity Tags: US Bureau of Alcohol, Tobacco, Firearms and Explosives, Robert Rodriguez, House Committee on Oversight and Government Reform, Branch Davidians, David Koresh, Texas State Technical Institute

Timeline Tags: 1993 Branch Davidian Crisis

House Oversight Committee holds public hearings on the Waco debacle.House Oversight Committee holds public hearings on the Waco debacle. [Source: C-SPAN]The House Oversight Committee releases its report on the FBI’s siege and final assault on the Branch Davidian compound in Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993, March 1, 1993, and April 19, 1993). The report was prepared in conjunction with the House Judiciary Committee. The report spans investigative activities undertaken on behalf of the committees by Congressional investigators from April 1995 through May 1996; the committees took almost three months to write the final report. As part of that investigation, the Oversight Committee held 10 days of public hearings (see August 4, 1995). [House Committee on Government Reform and Oversight, 8/2/1996]
Findings - The report makes the following conclusions:
Branch Davidians Responsible for Situation, Deaths - “But for the criminal conduct and aberrational behavior of David Koresh and other Branch Davidians, the tragedies that occurred in Waco would not have occurred,” the report finds. “The ultimate responsibility for the deaths of the Davidians and the four federal law enforcement agents [referring to the federal agents slain in the February 1993 raid] lies with Koresh.” The Davidians set the fires themselves, the report finds. Moreover, the Davidians had time to leave the premises after their cohorts set the fires, and most either chose to stay or were prevented from leaving by their fellows. The 19 Davidians killed by gunfire either shot themselves, the report finds, were shot by their fellows, or were killed by “the remote possibility of accidental discharge from rounds exploding in the fire.”
Treasury Department 'Derelict' in Duties - Treasury Secretary Lloyd Bentsen and Deputy Secretary Roger Altman were “irresponsible” and “derelict in their duties” refusing to meet with the director of the BATF [Bureau of Alcohol, Tobacco and Firearms, sometimes abbreviated ATF] in the month before the February raid, and failing to ask for briefings. Senior Treasury officials “routinely failed” to monitor BATF officials, knew little to nothing of the plans for the raid, and therefore failed to uncover the significant flaws in the plan. When the raid failed, Assistant Treasury Secretary Ronald Noble tried to blame the BATF for the failure, even though Noble and his fellow Treasury officials failed to supervise the BATF’s plans and activities.
BATF 'Grossly Incompetent' - Some of the worst criticism of the report are leveled at the BATF. The report calls the agency’s investigation of the Davidians (see June-July 1992, November 1992 - January 1993, and January 11, 1993 and After) “grossly incompetent” and lacking in “the minimum professionalism expected of a major federal law enforcement agency.” The agents in charge of planning decided to use a “military-style raid” two months before beginning surveillance, undercover, and infiltration efforts. The agency did have probable cause for a search warrant against Koresh and the Davidians (see February 25, 1993), but the affidavit applying for the warrant “contained an incredible number of false statements.” The BATF agents responsible for the affidavit either knew, or should have known, the affidavit was so inaccurate and false. Koresh could easily have been arrested outside the compound, the report finds; the BATF planners “were determined to use a dynamic entry approach,” and thusly “exercised extremely poor judgment, made erroneous assumptions, and ignored the foreseeable perils of their course of action.” BATF agents lied to Defense Department officials about the Davidians’ supposed involvement in drug manufacturing, and by those lies secured Defense Department training without having to reimburse the department, as they should have. The raid plan itself “was poorly conceived, utilized a high risk tactical approach when other tactics could have been successfully used, was drafted and commanded by ATF agents who were less qualified than other available agents, and used agents who were not sufficiently trained for the operation.” Plan security was lax, making it easy for the Davidians to learn about the plan and take precautions. The report singles out BATF raid commanders Philip Chojnacki and Chuck Sarabyn for criticism, noting that they endangered BATF agents’ lives by choosing to go ahead with the raid even though they knew, or should have known, the Davidians had found out about it and were taking defensive action. “This, more than any other factor, led to the deaths of the four ATF agents killed on February 28.” The report is highly critical of Chojnacki’s and Sarabyn’s rehiring after they were fired (see December 23, 1994). The report also cites former BATF Director Stephen Higgins (see July 2, 1995) and former Deputy Director Daniel Hartnett for failing to become involved in the planning.
Justice Department Decision to Approve Final Assault 'Highly Irresponsible' - The report charactizes Attorney General Janet Reno’s approval of the FBI’s plan to end the standoff “premature, wrong… highly irresponsible… [and] seriously negligent” (see April 17-18, 1993). Reno should have known that the plan would put the Davidians’s lives at extreme risk, especially the children inside, and should have been doubly reluctant because of the lack of a serious threat posed by the Davidians to the FBI or to the surrounding community. Reno should have been skeptical of the FBI’s reasons for ending the standoff: negotiations were continuing, the Davidians were not threatening to break out in force, the FBI’s Hostage Rescue Team (HRT) could have gone longer without mandatory rest and retraining, the Davidians’ living conditions had not significantly deteriorated, and there was no reason to believe that children were being abused or mistreated any more than they may have been before the February raid. “The final assault put the children at the greatest risk.” The report calls the plan to use CS riot control gas “fatally flawed.” CS gas is a dangerous substance, and particularly threatening to children, pregnant women, elderly people, and those with respiratory conditions, all of which were represented in the compound. Some of those who died in the fires may have died from exposure to CS gas before the fires consumed them, the report speculates. The Davidians were likely to react violently and not submissively, as the FBI insisted, and the likelihood of armed resistance and mass suicide in response to the CS gas insertion was high. Moreover, the plan had no contingency provisions in case the initial insertion did not provide the desired result. Reno offered her resignation after the April 19 assault; the report says that President Clinton “should have accepted it.” [House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996]
FBI Pushed for Violent Confrontation Instead of Allowing Negotiations to Continue - The FBI was riven by the conflict between two teams with “incompatible methodologies,” the report finds: the HRT, which ultimately controlled the situation, and the negotiators. Senior FBI agent Jeffrey Jamar almost always sided with the HRT’s aggressive approach, but often “allowed the proposals of each team to be implemented simultaneously, working against each other.” The FBI’s chief negotiator on-site, Gary Noesner, told the committee that the dichotomy between the “action-oriented” HRT and the “nonviolent” negotiators is a problem that the FBI routinely experiences; it was not unique to the Davidian standoff. The two teams battled with increasing hostility and anger towards one another as the siege progressed, with the negotiators becoming less and less influential. The negotiators later testified that the pressure tactics used by the HRT against the Davidians undermined their efforts at winning the Davidians’ trust and rendered their efforts ineffective. FBI profiler Peter Smerick (see March 3-4, 1993, March 7-8, 1993, March 9, 1993, March 9, 1993, March 17-18, 1993, August 1993, and 1995) was particularly harsh in his assessment of the tactics of the HRT during the siege; during his interviews with investigators, Smerick said “the FBI commanders were moving too rapidly toward a tactical solution and were not allowing adequate time for negotiations to work.” Smerick told investigators that while the “negotiators were building bonds… the tactical group was undermining everything.… Every time the negotiators were making progress the tactical people would undo it.” The report concludes, “FBI leadership engaged these two strategies in a way that bonded the Davidians together and perpetuated the standoff.” [House Committee on Government Reform and Oversight, 8/2/1996] After March 2, when Koresh and the Davidians broke what some considered to be a promise to come out (see March 2, 1993), Jamar believed nothing Koresh or the others said, and essentially gave up on the idea of a negotiated surrender. Chief negotiator Byron Sage did not share that view, but Jamar and the HRT officials began thinking, and planning, exclusively on a forced end to the standoff, even ignoring evidence that Koresh intended to lead his people out after completing his work on an interpretation of the Biblical Seven Seals (see April 14-15, 1993). Many FBI officials, particularly Jamar, Noesner, and the HRT leadership, became frustrated and impatient with what the report calls “endless dissertations of Branch Davidian beliefs” (see March 15, 1993), to the point where they ignored the assertions from religious experts that the Davidians could be productively negotiated with on a religiously theoretical level (see March 16, 1993). The FBI, the report says, “should have sought and accepted more expert advice on the Branch Davidians and their religious views and been more open-minded to the advice of the FBI’s own experts.” Jamar and the senior FBI officials advising Reno should have known that the reasons they gave to end negotiations and force an ending were groundless; their advice to Reno was, the report says, “wrong and highly irresponsible.” [House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996] However, some charges against the FBI are baseless, the report finds. CS gas would not have built up in any areas of the residence to anything approaching lethal levels. No FBI agents shot at the Davidians or the compound. No agent set any fires, either deliberately or inadvertently. [House Committee on Government Reform and Oversight, 8/2/1996]
Defense Department Bears No Responsibility - The report finds no reason to fault the Defense Department or National Guard, as no DoD nor Guard personnel took an active part in the assault; the Posse Comitatus Act was therefore not violated. No foreign military personnel or foreign nationals took any part in the assault, though “[s]ome foreign military personnel were present near the Davidian residence as observers at the invitation of the FBI.”
Recommendations - The report recommends that:
bullet the Justice Department consider assuming control of the BATF from the Treasury Department;
bullet Waco residents who made the false statements to law enforcement officials included in the original search warrants should be charged with crimes;
bullet federal agents should use caution in using such statements to obtain warrants; the BATF should review and revise its planning to ensure that “its best qualified agents are placed in command and control positions in all operations”;
bullet senior BATF officials “should assert greater command and control over significant operations”;
bullet the BATF should no longer have sole jurisdiction over any drug-related crimes;
bullet Congress should consider enhancing the Posse Comitatus Act to restrain the National Guard from being involved with federal law enforcement actions;
bullet the Defense Department should clarify the grounds upon which law enforcement agencies can apply for its assistance;
bullet the General Accounting Office (GAO) should ensure that the BATF reimburses the Defense Department for the training and assistance it improperly received;
bullet the GAO should investigate Operation Alliance, the organization that acts as a liaison between the military and other federal agencies;
bullet the FBI should revamp its negotiation policies and training to minimize the effects of physical and emotional fatigue on negotiators;
bullet the FBI should take steps to ensure greater understanding of the targets under investigation (the report notes that had the FBI and BATF agents understood more about the Davidians’ religious philosophies, they “could have made better choices in planning to deal with the Branch Davidians” (see March 15, 1993);
bullet the FBI should ensure better training for its lead negotiators;
bullet FBI agents should rely more on outside experts (the reports notes that several religious experts offered their services in helping the agents understand the Davidians, but were either rebuffed or ignored—see March 3, 1993, March 7, 1993, and March 16, 1993);
bullet federal law enforcement agencies should welcome the assistance of other law enforcement agencies, particularly state and local agencies;
bullet the FBI should expand the size of the Hostage Rescue Team (HRT) “so that there are sufficient numbers of team members to participate in an operation and to relieve those involved when necessary”;
bullet the FBI should conduct further examinations on the use of CS gas against children, those with respiratory problems, pregnant women, and the elderly. [House Committee on Government Reform and Oversight, 8/2/1996]
'Perhaps the Greatest Law Enforcement Tragedy in American History' - In a statement appended to the final report, Representative Steven Schiff (R-NM) calls the Davidian raid, standoff, and final assault “perhaps the greatest law enforcement tragedy in American history.” He writes: “It would not be a significant overstatement to describe the Waco operation from the government’s standpoint, as one in which if something could go wrong, it did. The true tragedy is, virtually all of those mistakes could have been avoided.” His statement decries what he calls the increasing “militarization of law enforcement,” recommends that the HRT be scaled back instead of expanded, expresses little confidence in the FLIR (forward-looking infrared radar) videotapes used to determine when and how the fires were started, calls for stringent limitations on the use of CS gas, and blames the FBI for not allowing many of the residents to escape. He accuses the Justice Department of a “breach of ethics” in what he says were its attempts to conceal and withhold evidence from the committee, and to shape its findings. [House Committee on Government Reform and Oversight, 8/2/1996]
Dissenting Views - The investigating committees’ 17 Democrats issue a “dissenting views” addendum that is highly critical of what it calls the Republican majority’s use of “false assumptions and unfounded allegations” to besmirch the reputations of Reno and Bentsen, and the use of those “assumptions and allegations” to press for Reno’s resignation. [House Committee on Government Reform and Oversight, 8/2/1996]

Entity Tags: Gary Noesner, US Department of the Treasury, US Department of Defense, Branch Davidians, Clinton administration, Dan Hartnett, Federal Bureau of Investigation, FBI Hostage Rescue Team, David Koresh, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Steven Schiff, Charles Sarabyn, Ronald Noble, Janet Reno, Stephen Higgins, House Committee on Oversight and Government Reform, General Accounting Office, Lloyd Bentsen, Jeffrey Jamar, Operation Alliance, Peter Smerick, Roger Altman, Philip Chojnacki

Timeline Tags: 1993 Branch Davidian Crisis

David Bossie.David Bossie. [Source: C-SPAN]David Bossie, an investigator for Representative Dan Burton (R-IN), is fired from his position. Bossie recently leaked transcripts of prison conversations featuring former Clinton administration official Webster Hubbell, who will be convicted of defrauding clients and sentenced to prison in 2004. Bossie fraudulently edited the transcripts to have Hubbell imply that First Lady Hillary Clinton broke the law while the two worked together in an Arkansas law firm. Bossie cut out portions of Hubbell’s conversations exonerating her from any wrongdoing, and sometimes rewrote Hubbell’s words entirely. In response to the controversy, House Speaker Newt Gingrich (R-GA) says of Burton and the House Committee on Oversight and Government Reform, “I’m embarrassed for you, I’m embarrassed for myself, and I’m embarrassed for the [House Republican] conference at the circus that went on at your committee.” (In late April, Burton had called President Clinton a “scumbag,” further embarrassing Gingrich and the Republican leadership.) Bossie came to Burton’s staff from Citizens United (CU), which he joined in 1994 and soon rose to become director of government relations and communications. In 1988, as a member of Floyd Brown’s Presidential Victory Committee (PVC), Bossie helped produce the infamous Willie Horton ad (see September 21 - October 4, 1988). In 1992, as executive director of the PVC, Bossie oversaw the release of a fundraising letter accusing then-presidential candidate Bill Clinton of having an affair with an Arkansas woman, for use in an ad that falsely suggested it was the product of President Bush’s re-election campaign. Then-President Bush accused the PVC of engaging in “filthy campaign tactics,” and his son and campaign aide George W. Bush sent a letter asking donors not to give to the organization. Bossie has encouraged Burton to open an investigation into the suicide of Clinton administration aide Vince Foster (alleging that Foster was murdered as part of some unspecified White House plot, or perhaps an Israeli intelligence “black op”). While an aide to Senator Lauch Faircloth (R-NC), Bossie was found to have tried to intimidate a federal judge during a Whitewater-related investigation. Bossie has earned a reputation as a “Whitewater stalker,” combing Arkansas for “evidence” of crimes by the Clintons, and repeatedly making false and lurid allegations against the president and/or his wife. For a year, Bossie has promised that Burton’s committee would soon produce evidence of Chinese espionage and White House collusion, but any evidence of such a scandal has never been produced. A former lawyer for the Oversight Committee, John Rowley, has called Bossie’s actions “unrelenting self-promoti[on]” and challenged Bossie’s competence. Bossie says his transcripts were accurate (though the tapes of Hubbell’s conversations prove he is wrong), and blames committee Democrats for the controversy. [WorldNetDaily, 5/7/1998; Salon, 5/7/1998; Media Matters, 5/11/2004] WorldNetDaily reporter David Bresnahan writes that according to his sources, Bossie “was either extremely incompetent or was intentionally trying to sabotage” Burton’s investigations into the Clinton administration. Bresnahan also says that Burton allowed Bossie to resign instead of firing him, as other media sources report. [WorldNetDaily, 5/7/1998]

Entity Tags: Floyd Brown, David Bresnahan, Dan Burton, Clinton administration, Citizens United, William Jefferson (“Bill”) Clinton, Webster Hubbell, Presidential Victory Committee, David Bossie, House Committee on Oversight and Government Reform, John Rowley, Hillary Clinton, Newt Gingrich, George W. Bush, Vince Foster

Timeline Tags: Civil Liberties

Copies of FBI infrared surveillance tapes taken during the first hours of the FBI assault against the Branch Davidian compound near Waco, Texas (see April 19, 1993), clearly show repeated bursts of rhythmic flashes from agents’ positions and from the compound; two experts hired by the surviving Davidians say the flashes must be gunfire. A third expert retained by the House Government Reform Committee, Carlos Ghigliotti, an expert in thermal imaging and videotape analysis, says he, too, believes the flashes to be gunfire. “The gunfire from the ground is there, without a doubt,” he says. FBI officials have long maintained that no agent fired a shot during either the 51-day standoff or during the final assault. Michael Caddell, the lead lawyer for the Davidians in their lawsuit against the government (see April 1995), says he has shown the tapes and the expert analysis to John Danforth, the former senator who is leading a government investigation into the FBI’s actions during the siege and the assault (see September 7-8, 1999). Caddell says his two experts are former Defense Department surveillance analysts. One of Caddell’s two experts also says the FBI’s infrared videotapes that have been released to the public, Congress, and the courts may have been altered. “There’s so much editing on this tape, it’s ridiculous,” says Steve Cain, an audio and video analysis expert who has worked with the Secret Service and the Internal Revenue Service. Cain says his analysis is preliminary because he has not been granted access to the original tapes. But, he says, the tapes appear to have been erased. There are significant erasures during the 80-minute period before the compound began burning. Cain says: “It’s just like the 18-minute gap on the Watergate tape. That was erased six times by Rose Mary Woods (see November 21, 1973). That’s why we’re trying to get to the originals.” Cain also says that he believes images were inserted into the videotapes, perhaps from different video cameras. Caddell says, “I think at this point, it’s clear that the whole investigation, and particularly the fire investigation, was garbage in-garbage out.” The videotapes were used in a 1993 Treasury Department review of the siege (see Late September - October 1993) and as evidence in a 1994 criminal trial against some of the surviving Davidians (see January-February 1994), both of which concluded that the Davidians themselves set the fires that consumed the compound. [Associated Press, 10/6/1999; Dallas Morning News, 10/7/1999]

Entity Tags: John C. Danforth, Branch Davidians, Carlos Ghigliotti, House Committee on Oversight and Government Reform, Steve Cain, Michael Caddell, Federal Bureau of Investigation

Timeline Tags: 1993 Branch Davidian Crisis

Representative Henry Waxman (D-CA), the ranking member of the House Oversight Committee, writes a letter to committee chairman Tom Davis (D-VA), asking that the committee open an investigation into the Plame Wilson identity leak. Davis will not respond to Waxman’s letter. [Waxman, 12/2005]

Entity Tags: Henry A. Waxman, Tom Davis, House Committee on Oversight and Government Reform

Timeline Tags: Niger Uranium and Plame Outing

Representative Henry Waxman (D-CA), the ranking member of the House Oversight Committee, writes a letter to committee chairman Tom Davis (R-VA), asking that the committee open an investigation into the Plame Wilson identity leak. Waxman’s letter will not receive a response. Davis has already ignored one such request (see September 29, 2003). [Waxman, 12/2005]

Entity Tags: House Committee on Oversight and Government Reform, Tom Davis, Henry A. Waxman

Timeline Tags: Niger Uranium and Plame Outing

Representative Henry Waxman (D-CA), the ranking member of the House Oversight Committee, writes a letter to committee chairman Tom Davis (D-VA), asking that the committee open an investigation into the Plame Wilson identity leak. Waxman’s letter will not receive a response. Davis has already ignored two similar letters from Waxman (see September 29, 2003 and October 8, 2003). [Waxman, 12/2005]

Entity Tags: Tom Davis, Henry A. Waxman, House Committee on Oversight and Government Reform

Timeline Tags: Niger Uranium and Plame Outing

Representative Henry Waxman (D-CA), the ranking member of the House Oversight Committee, writes a letter to committee chairman Tom Davis (R-VA), asking that the committee open an investigation into the Plame Wilson identity leak. Waxman’s letter will not receive a response. Davis has already ignored three similar letters from Waxman (see September 29, 2003, October 8, 2003, and December 11, 2003). [Waxman, 12/2005]

Entity Tags: House Committee on Oversight and Government Reform, Tom Davis, Henry A. Waxman

Timeline Tags: Niger Uranium and Plame Outing

Representative Henry Waxman (D-CA), the ranking member of the House Oversight Committee, writes a letter to committee chairman Tom Davis (D-VA), asking that the committee open an investigation into the Valerie Plame Wilson identity leak. Waxman’s letter will not receive a response. Davis has already ignored five similar letters from Waxman (see September 29, 2003, October 8, 2003, December 11, 2003, July 11, 2005, and October 28, 2005). [Waxman, 12/2005]

Entity Tags: Henry A. Waxman, Tom Davis, House Committee on Oversight and Government Reform

Timeline Tags: Niger Uranium and Plame Outing

Representative Henry Waxman (D-CA), the ranking minority member of the House Oversight Committee, writes a letter to President Bush requesting a “full accounting” of two events that raise the question of whether the White House engaged in what Waxman calls “a systematic abuse of the national security classification process for political purposes.” Waxman is referring to recent press reports that Bush, through Vice President Dick Cheney, authorized former White House official Lewis Libby to leak classified information to reporters “in order to blunt criticism from former ambassador Joe Wilson about your improper use of intelligence in the run-up to war” (see April 5, 2006). He is also referring to recent allegations that Bush and his administration officials failed to alert the public that months before the March 2003 invasion of Iraq, they knew that claims of Iraqi nuclear weapons were likely false. Waxman asks for a full accounting of these matters, and for the declassification of the President’s Summary of the October 2002 National Intelligence Estimate (see October 1, 2002). [House Committee on Oversight and Government Reform, 4/6/2006] It is unclear whether Waxman ever receives a reply to his letter.

Entity Tags: Henry A. Waxman, George W. Bush, House Committee on Oversight and Government Reform, Richard (“Dick”) Cheney, Joseph C. Wilson, Bush administration (43)

Timeline Tags: Civil Liberties, Niger Uranium and Plame Outing

James Knodell.James Knodell. [Source: CommonDreams (.org)]White House Director of Security James Knodell testifies to the House Oversight Committee that the White House never investigated the possible involvement of White House officials in exposing Valerie Plame Wilson’s identity. [Think Progress, 3/16/2007; Editor & Publisher, 3/18/2007; Nation, 3/19/2007] Knodell says he is aware of no such internal investigation or report from anyone in the White House: “I have no knowledge of any investigation in my office.” The White House Office of Security would be the lawful body to conduct such an investigation. Knodell testifies only after the White House dropped its resistance to his appearing before the committee, which had threatened to subpoena the White House for Knodell’s testimony. Representative Henry Waxman (D-CA) says that President Bush had promised a full internal probe (see September 30, 2003 and September 30, 2003), and Knodell again states he knows of no such probe. He adds that he has never talked to Bush, Vice President Dick Cheney, political strategist Karl Rove, or anyone in the White House about the Plame Wilson leak. His knowledge of the affair, he says, comes from “the press.” He tells the committee that those who had participated in the leaking of classified information are required by law to own up to this, but he is not aware that anyone, including Rove, had done that. Representative Elijah Cummings (D-MD) calls the failure of the White House to mount an internal investigation “shocking,” and says that Knodell’s office’s failure to mount such a probe constitutes a “breach within a breach.” Eleanor Holmes Norton (D-DC) calls it a “dereliction of duty.” Knodell promises to “review this with senior management.” He attempts to assert that since a criminal investigation was launched, no such internal probe was needed, but committee Democrats challenge his statement, saying that the criminal probe is narrowly focused, began only after months of inaction and stonewalling by the White House, and is required by law regardless of whatever other investigations are underway. Waxman asks, “[T]here was an obligation for the White House to investigate whether classified information was being leaked inappropriately, wasn’t there?” to which Knodell replies, “If that was the case, yes.” Committee Democrats also note that anyone who leaked information about classified information is required by law to have their security clearances denied, and ask Knodell why Rove still has such clearance. [Think Progress, 3/16/2007; Editor & Publisher, 3/18/2007]

Entity Tags: House Committee on Oversight and Government Reform, Eleanor Holmes Norton, Bush administration (43), Elijah Cummings, Henry A. Waxman, Richard (“Dick”) Cheney, White House Office of Security, Karl C. Rove, Valerie Plame Wilson, James Knodell, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

Valerie Plame Wilson testifies before the House Oversight Committee.Valerie Plame Wilson testifies before the House Oversight Committee. [Source: Life]The House Oversight Committee holds a hearing about the ramifications of the Lewis Libby guilty verdict (see March 6, 2007) and the outing of former covert CIA agent Valerie Plame Wilson (see July 14, 2003). Plame Wilson is the star witness, and for the first time publicly discusses the leak and her former status as a covert agent. As earlier revealed by authors Michael Isikoff and David Corn in their book Hubris, Plame Wilson was the covert operations chief for the Joint Task Force on Iraq (JTFI), a section of the CIA’s Counterproliferation Division (CPD), which itself is part of the agency’s clandestine operations directorate. Indeed, as Libby special prosecutor Patrick Fitzgerald has already stated, the fact of her employment with the CIA was itself classified information (see October 28, 2005). [Wilson, 2007, pp. 299; Think Progress, 3/16/2007; Nation, 3/19/2007]
Republican Attempts to Close Hearing Fail - Tom Davis (R-VA), the committee’s ranking Republican, attempts to close Plame Wilson’s testimony to the public on the grounds that her statements might threaten national security. “It would be with great reluctance, but we have to protect confidential information,” he says. Politico reporter John Bresnahan describes Davis as “clearly unhappy that the hearing is taking place at all, so his threat has to be viewed in that context.” Davis goes on to say: “We are mining something that has been thoroughly looked into. There are so many other areas where [Congressional] oversight needs to be conducted instead of the Plame thing.” The hearing will remain open to the public. [Politico, 3/14/2007]
Pre-Testimony Jitters - In her book Fair Game, Plame Wilson recalls the jitters she experiences in the hours leading up to her appearance before the committee. She had tried, in the days before the hearing, “to think of every possible question the committee could throw at me.… I had to be sharp to avoid giving any information that the CIA would deem sensitive or classified. It was a minefield.” She is relieved to learn that CIA Director Michael Hayden has met with committee staffers and, she will write, “explicitly approved the use of the term ‘covert’ in describing my cover status.” She will write that though she still cannot confirm the length of her service with the CIA, she can “at least counter those who had suggested over the last few years that I was no more than a ‘glorified secretary’” (see Fall 1985, Fall 1989, Fall 1992 - 1996, and April 2001 and After). [Wilson, 2007, pp. 299]
CIA Confirmed Plame Wilson's Covert Status - Before Plame Wilson testifies, committee chairman Henry Waxman (D-CA) reads a statement saying that she had been a “covert” officer” who had “served at various times overseas” and “worked on the prevention of the development and use of weapons of mass destruction against the United States.” Waxman notes that the CIA had cleared this statement. And during subsequent questioning, committee member Elijah Cummings (D-MD) reports that Hayden had told him, “Ms. Wilson was covert.” [Nation, 3/16/2007; Think Progress, 3/16/2007; FireDogLake, 3/16/2007; Christy Hardin Smith, 3/16/2007]
Confirms Her Status in CPD - Plame Wilson testifies that she is still bound by secrecy oaths and cannot reveal many of the specifics of her CIA career. However, she testifies, “I served the United States of America loyally and to the best of my ability as a covert operations officer for the Central Intelligence Agency.” She says, “In the run-up to the war with Iraq, I worked in the Counterproliferation Division of the CIA, still as a covert officer whose affiliation with the CIA was classified.” She also notes that she helped to “manage and run secret worldwide operations.” Prior to the Iraq war, she testifies, she had “raced to discover intelligence” on Iraq’s weapons of mass destruction. “While I helped to manage and run secret worldwide operations against this WMD target from CIA headquarters in Washington, I also traveled to foreign countries on secret missions to find vital intelligence.” Those trips had occurred within the last five years, she says, contradicting arguments that she had not functioned as a covert agent within the last five years and therefore those who revealed her identity could not be held legally accountable (see February 18, 2007). “Covert operations officers, when they rotate back for temporary assignment in Washington, are still covert,” she says. Furthermore, far from her identity as a CIA agent being “common knowledge on the Georgetown cocktail circuit,” as some have alleged (see September 30, 2003, July 12, 2004, and March 16, 2007), she testifies that she can “count on one hand” the number of people outside the agency who knew of her CIA status before her outing by White House officials. “But, all of my efforts on behalf of the national security of the United States, all of my training, and all of the value of my years service were abruptly ended when my name and identity were exposed irresponsibly.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007; Mother Jones, 3/16/2007] During this portion of testimony, Davis repeats an assertion that neither President Bush nor Vice President Dick Cheney were aware of Plame Wilson’s covert status during the time of her exposure. [FireDogLake, 3/16/2007]
'They Should Have Been Diligent in Protecting Me and Other CIA Officers' - Plame Wilson testifies that, as the Libby trial progressed, she was “shocked and dismayed by the evidence that emerged. My name and identity were carelessly and recklessly abused by senior government officials in both the White House and the State Department. All of them understood that I worked for the CIA, and having signed oaths to protect national security secrets, they should have been diligent in protecting me and every CIA officer.” Many agents in CPD are covert, she says, and thusly, officials such as Cheney and Libby, who knew she worked in that division, should have been careful in spreading information about her.
'Grave' Damage to National Security - Plame Wilson says she cannot be specific about what kind of damage was done by her identity being revealed (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006); the CIA did perform a damage assessment, but did not share the results with her, and that assessment is classified (see Before September 16, 2003). “But the concept is obvious,” she says. “Not only have breaches of national security endangered CIA officers, it has jeopardized and even destroyed entire networks of foreign agents who in turn risked their own lives and those of their families—to provide the United States with needed intelligence. Lives are literally at stake. Every single one of my former CIA colleagues, from my fellow covert officers, to analysts, to technical operations officers, to even the secretaries, understands the vulnerability of our officers and recognizes that the travesty of what happened to me, could happen to them. We in the CIA always know that we might be exposed and threatened by foreign enemies. It was a terrible irony that administration officials were the ones who destroyed my cover… for purely political motives.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007] She refuses to speculate as to the intentions of White House deputy chief of staff Karl Rove in exposing her identity (see July 10, 2005). [FireDogLake, 3/16/2007]
Politicization of Intelligence Dangerous, Counterproductive - Plame Wilson decries the increasingly partisan politicization of intelligence gathering and presentation under the Bush regime, saying: “The tradecraft of intelligence is not a product of speculation. I feel passionately as an intelligence professional about the creeping, insidious politicizing of our intelligence process. All intelligence professionals are dedicated to the ideal that they would rather be fired on the spot than distort the facts to fit a political view—any political view—or any ideology.… [I]njecting partisanship or ideology into the equation makes effective and accurate intelligence that much more difficult to develop. Politics and ideology must be stripped completely from our intelligence services, or the consequences will be even more severe than they have been and our country placed in even greater danger. It is imperative for any president to be able to make decisions based on intelligence that is unbiased.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007]
No Role in Deciding to Send Husband to Niger - Plame Wilson discusses the persistent rumors that she dispatched her husband, former ambassador Joseph Wilson, to Niger to investigate claims that Iraq had attempted to purchase uranium from that country (see February 21, 2002-March 4, 2002). Such rumors imply that Wilson was unqualified for the mission, and was sent by his wife for reasons having to do with partisan politics and nepotism (see July 9, 2004). Plame Wilson testifies that she had no authority to send her husband anywhere under CIA auspices, that it was a co-worker’s suggestion, not hers, to send her husband (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005), and that her participation was limited to writing a note outlining her husband’s qualifications for such a fact-finding mission (see Fall 1999 and February 13, 2002). She testifies that a colleague had been misquoted in an earlier Senate Intelligence Committee report in saying that she proposed her husband for the trip, and that this colleague was not permitted to correct the record. [FireDogLake, 3/16/2007; Nation, 3/16/2007; Nation, 3/19/2007]
Further Investigation Warranted - After Plame Wilson concludes her testimony, Waxman declares: “We need an investigation. This is not about Scooter Libby and not just about Valerie Plame Wilson.” Journalist David Corn concurs: “Waxman was right in that the Libby trial did not answer all the questions about the leak affair, especially those about the roles of Bush administration officials other than Libby. How did Cheney learn of Valerie Wilson’s employment at the Counterproliferation Division and what did he do with that information? How did Karl Rove learn of her CIA connection? How did Rove manage to keep his job after the White House declared anyone involved in the leak would be fired?… What did Bush know about Cheney’s and Rove’s actions? What did Bush do in response to the disclosure that Rove had leaked and had falsely claimed to White House press secretary Scott McClellan that he wasn’t involved in the leak?” Republican committee members are less sanguine about the prospect of such an investigation, with Davis noting that special prosecutor Patrick Fitzgerald had already conducted an investigation of the leak. Corn writes: “Not all wrongdoing in Washington is criminal. Valerie Wilson’s presence at the hearing was a reminder that White House officials (beyond Libby) engaged in improper conduct (which possibly threatened national security) and lied about it—while their comrades in the commentariat spinned away to distort the public debate.” [Nation, 3/16/2007; Nation, 3/19/2007]

Entity Tags: Central Intelligence Agency, House Committee on Oversight and Government Reform, Joint Task Force on Iraq, David Corn, George W. Bush, Henry A. Waxman, Elijah Cummings, Valerie Plame Wilson, Counterproliferation Division, Scott McClellan, Lewis (“Scooter”) Libby, Karl C. Rove, Tom Davis, Michael Hayden, Joseph C. Wilson, John Bresnahan, Richard (“Dick”) Cheney, Michael Isikoff, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Lawyer Victoria Toensing, who, as journalist David Corn will write, has served as “a point-person for the Libby Lobby, denouncing special counsel Patrick Fitzgerald’s investigation of the Plame leak, and deriding his indictment of… Libby” (see February 18, 2007), testifies to the House Oversight Committee about the Valerie Plame Wilson identity leak. Toensing is following testimony from Plame Wilson herself (see March 16, 2007). Contradicting the former CIA agent, Toensing argues that the entire investigation was specious, that—despite all evidence to the contrary (see Fall 1985, Fall 1989, Fall 1992 - 1996, April 2001 and After, and February 18, 2007)—Plame Wilson was never a covert agent and therefore no one could have violated the Intelligence Identities Protection Act (IIPA) in revealing her identity to the press. Toensing even testifies that conservative columnist Robert Novak, who first printed Plame Wilson’s name in his column, didn’t identify her as a covert agent, but that identification was made by Corn in his own column (see July 16, 2003). Corn will call the allegation “a canard that some Republican spinners have been peddling for years, in an attempt to get Novak off the hook while muddying the waters.” Corn will note that once Novak published Plame Wilson’s name, her “cover was destroyed; her career was ruined; her operations and contacts were imperiled to whatever degree they were imperiled.” Corn wrote two days later that her outing was “a potential violation of the law” and that Novak may have violated the IIPA. Corn noted in the article that Plame Wilson’s husband, Joseph Wilson, refused to confirm or deny his wife’s CIA status. Corn’s article raised the possibility that Plame Wilson had been a covert agent, but presented it as mere speculation. He will write, “In the column, I even raised the possibility that Novak had botched the story and that ‘the White House has wrongly branded’ Valerie Wilson ‘as a CIA officer.’ Bottom line: I did not identify her as a ‘covert’ officer or any other kind of CIA official. I merely speculated she was a NOC. That speculation was based on Novak’s column. And given that Novak had already IDed her as a CIA ‘operative on weapons of mass destruction’ (which happened to be a ‘covert’ position within the agency), her cover—whether nonofficial or official—was blown to smithereens by the time I posted my article.” Corn calls Toensing’s allegation “a desperation-driven and misleading act of hairsplitting” designed to deflect responsibility away from Novak and the White House. Therefore, Corn will write, Toensing has lied to Congress. [Christy Hardin Smith, 3/16/2007; Nation, 3/19/2007]
Toensing Lies about IIPA - Corn will note that Toensing is also lying when she insists that no one ever violated “her” law, the IIPA (which Toensing helped write). In her testimony, she says that to be a covert agent under the IIPA, an agent would have to live outside the US. Corn will note that the law makes no such distinction. The two criteria for an agent to be “covert” under the IIPA are: that person’s “identity as such an officer, employee, or member is classified information” and that the officer has to be “serving outside the United States or has within the last five years served outside the United States.” Because Plame Wilson testified earlier in the day that she indeed served overseas as a covert agent within five years of her outing by Novak, she is indeed covered by the IIPA. Corn will write: “Toensing is free to maintain that the law ought to cover only those officers residing overseas as part of a long-term foreign assignment. But that is not what the act says. By stating that the act defines a ‘covert agent’ as an officer residing abroad (as opposed to an officer who had ‘served’ overseas), Toensing misrepresented the law to members of the committee.”
Lying to Congress Is a Crime - Corn will write, “As a lawyer, Toensing is probably aware that knowingly making a false statement to a Congressional committee conducting an investigation or review is a federal crime. (See Title 18, Section 1001 of the US Code.) The punishment is a fine and/or imprisonment of up to five years. To say that I identified Valerie Wilson as a ‘covert’ officer is to make a false statement.” Committee chairman Henry Waxman is apparently unconvinced of Toensing’s honesty; when he concludes Toensing’s session, he says, “Some of the statements you’ve made without any doubt and with great authority I understand may not be accurate, so we’re going to check the information and we’re going to hold the record open to put in other things that might contradict some of what you had to say.” [Nation, 3/19/2007]

Entity Tags: Lewis (“Scooter”) Libby, Henry A. Waxman, David Corn, Bush administration (43), House Committee on Oversight and Government Reform, Joseph C. Wilson, Patrick J. Fitzgerald, Victoria Toensing, Intelligence Identities Protection Act, Robert Novak, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Following the testimony of White House Security Director James Knodell to the House Oversight Committee, in which he admitted that the White House never conducted an internal probe of the Valerie Plame Wilson identity leak (see March 16, 2007), committee chairman Henry Waxman (D-CA) writes a letter to White House chief of staff Joshua Bolten asking why the probe had never been conducted. Waxman notes that “your senior political advisor, Karl Rove, and other senior White House officials were required to report what they knew about the disclosure of Ms. Wilson’s identity, but they did not make any such report to the White House Office of Security; and [t]here has been no suspension of security clearances or any other administrative sanction for Mr. Rove and other White House officials involved in the disclosure.” Waxman observes that the decision not to mount an internal probe, and the decision not to revoke Rove’s security clearances, are “inconsistent with the directives of Executive Order 12958, which you signed in March 2003. Under this executive order, the White House is required to ‘take appropriate and prompt corrective action’ whenever there is a release of classified information. Yet Mr. Knodell could describe no such actions after the disclosure of Ms. Wilson’s identity.” Waxman concludes: “Taken as a whole, the testimony at today’s hearing described breach after breach of national security requirements at the White House. The first breach was the disclosure of Ms. Wilson’s identity. Other breaches included the failure of Mr. Rove and other officials to report their disclosures as required by law, the failure of the White House to initiate the prompt investigation required by the executive order, and the failure of the White House to suspend the security clearances of the implicated officials.” Waxman requests that Bolten provide the committee “with a complete account of the steps that the White House took following the disclosure of Ms. Wilson’s identity (1) to investigate how the leak occurred; (2) to review the security clearances of the White House officials implicated in the leak; (3) to impose administrative or disciplinary sanctions on the officials involved in the leak; and (4) to review and revise existing White House security procedures to prevent future breaches of national security.” [Speaker of the House, 3/16/2007]

Entity Tags: House Committee on Oversight and Government Reform, Bush administration (43), Henry A. Waxman, James Knodell, Joshua Bolten, White House Office of Security, Karl C. Rove, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Rear Admiral Frank Thorp, who falsely told reporters that captured Private Jessica Lynch “fired her weapon” at her captors “until she had no more ammunition” in initial military press briefings (see April 3, 2003), discusses his misleading statements with staffers of the House Oversight Committee, which is investigating the possibility that the US military used the Lynch story as propaganda (see April 24, 2007). Thorp, who was later promoted and became the chief public relations officer for then-Joint Chief Chairman Richard Myers, writes: “As I recall, this was a short interview and media desperately wanted me to confirm the story that was running in the States.… I never said that I had seen any intel or even intimated the same.… I may have said I am familiar with ‘the reports’ meaning the press reports, but as you can see I did not confirm them.… We did have reports of a battle and that a firefight had occurred.… That is what I stated.” Thorp says he does not recall ever seeing any classified battlefield intelligence reports concerning Lynch, and says he does not now remember if his remarks were based on such reports. When asked if he knew at the time that Lynch had, in fact, not gotten off a shot at her attackers, Thorp replies, “I would absolutely never, ever, ever, ever say anything that I knew to not be true.” At the time of the Lynch rescue, the chief public affairs official for CENTCOM briefings was Jim Wilkinson, the director of strategic communications for CENTCOM commander, General Tommy Franks. Wilkinson tells the committee that he was not a source for the media reporting concerning Lynch, and that he didn’t know any details of her capture and rescue: “I still, to this day, don’t know if those details are right or wrong. I just don’t know. I don’t remember seeing any operational report.” Thorp and Wilkinson claim not to know who provided such misleading information to reporters. And neither can explain why initial reports were relatively accurate (see March 23, 2003) but subsequent reports were so suddenly, and so luridly, inaccurate. [Editor & Publisher, 7/14/2008]

Entity Tags: James R. Wilkinson, Frank Thorp, House Committee on Oversight and Government Reform, US Central Command, Jessica Lynch, Thomas Franks, Richard B. Myers

Timeline Tags: Domestic Propaganda

Jessica Lynch testifies before the House Oversight Committee.Jessica Lynch testifies before the House Oversight Committee. [Source: Shawn Thew / epa / Corbis]The House Oversight Committee holds a hearing focusing on misleading and false information provided to the press following the death of Army Ranger Pat Tillman in Afghanistan, and the capture and rescue of Army Private Jessica Lynch in Iraq (see March 23, 2003, April 1, 2003, and June 17, 2003).The committee focuses on how and why misinformation on the two incidents was disseminated, by whom, and if anyone in the Bush administration has been, or will be, held accountable. Lynch testifies that she is there to address “misinformation from the battlefield,” and notes, “Quite frankly, it is something that I have been doing since I returned from Iraq.” Lynch says that while she was being transported out of Iraq to a hospital in Germany: “tales of great heroism were being told. My parent’s home in Wirt County was under siege of the media all repeating the story of the little girl Rambo from the hills who went down fighting. It was not true. I have repeatedly said, when asked, that if the stories about me helped inspire our troops and rally a nation, then perhaps there was some good. However, I am still confused as to why they chose to lie and tried to make me a legend when the real heroics of my fellow soldiers that day were, in fact, legendary. People like Lori Piestewa and First Sergeant Dowdy who picked up fellow soldiers in harms way. Or people like Patrick Miller and Sergeant Donald Walters who actually fought until the very end. The bottom line is the American people are capable of determining their own ideals for heroes and they don’t need to be told elaborate tales.” She concludes: “I had the good fortune and opportunity to come home and I told the truth. Many other soldiers, like Pat Tillman, do not have the opportunity. The truth of war is not always easy to hear but it is always more heroic than the hype.” [House Committee on Oversight and Government Reform, 4/27/2007; House Committee on Oversight and Government Reform, 4/27/2007 pdf file]

Entity Tags: Jessica Lynch, Donald Walters, Bush administration (43), House Committee on Oversight and Government Reform, Robert Dowdy, US Department of Defense, Pat Tillman, Patrick Miller, Lori Piestewa

Timeline Tags: Domestic Propaganda

J. William Leonard, the director of the Information Security Oversight Office (ISOO) of the National Archives, testifies before the House Oversight Committee that David Addington, the chief of staff for Vice President Dick Cheney, attempted to eliminate ISOO in retaliation for its request that Cheney’s office report its classification activities (see 2003 and January 9, 2007). Since 2003, Cheney’s office has said that it is not required to follow a brace of executive orders mandating annual disclosure of information about its classification activities to the ISOO. According to Leonard, Addington tried to have the executive orders rewritten to abolish the ISOO and to exempt the Office of the Vice President (OVP) from oversight. Leonard says that those proposed changes were rejected. [Henry A. Waxman, 6/21/2007 pdf file; New York Times, 6/22/2007; Newsweek, 12/27/2007]

Entity Tags: Information Security Oversight Office, David S. Addington, House Committee on Oversight and Government Reform, J. William Leonard, National Archives and Records Administration, Office of the Vice President

Timeline Tags: Civil Liberties

House Democratic Caucus chairman Rahm Emanuel (D-IL) says that if Vice President Dick Cheney does not accept that his office is an “entity within the executive branch,” then taxpayers should not finance his executive expenses. Cheney has refused to comply with executive branch rules governing disclosure of classification procedures by claiming that the vice president is part of the legislative branch as well as the executive (see 2003). Cheney needs to make up his mind one way or the other, Emanuel says, and live with the consequences. Cheney spokeswoman Lea Ann McBride retorts that Emanuel “can either deal with the serious issues facing our country or create more partisan politics.” In response to a letter from Henry Waxman (D-CA), chairman of the House Oversight Committee, that charges Cheney with refusing to obey a 2003 executive order requiring that all executive offices detail the number of documents they classify or declassify (see June 21, 2007), President Bush has already said that reporting requirements do not cover either his office or Cheney’s. And McBride says that because of Bush’s decision, the question of whether the office is part of the executive or the legislative branch is irrelevant. “The executive order’s intent is to treat the vice president like the president, rather than like an agency” within the executive branch, McBride says. Many Democrats disagree. Senator Dianne Feinstein (D-CA) calls Cheney’s position “the height of arrogance,” and says Emanuel’s proposal “might not be a bad idea.” [USA Today, 6/24/2007]

Entity Tags: Richard (“Dick”) Cheney, Rahm Emanuel, House Committee on Oversight and Government Reform, George W. Bush, Dianne Feinstein, Henry A. Waxman, Lea Anne McBride

Timeline Tags: Civil Liberties

Henry Waxman (D-CA), chairman of the House Oversight Committee, disputes Vice President Dick Cheney’s assertion that he is not strictly part of the executive branch (see 2003). The dispute relates to reporting of document classification—Cheney argues his office does not have to report on its classification activities, partly because it is not a fully-fledged member fo the executive branch. In a letter to White House counsel Fred Fielding, Waxman also criticizes the administration’s handling of classified information and security issues. White House staffers regularly block inspections by security officials checking for compliance with security rules, Waxman writes, but also regularly ignore security breaches reported by the Secret Service and CIA, and mismanage the White House Security Office for political reasons. And President Bush’s top political adviser, Karl Rove, recently had his security clearance renewed even though it was prohibited under guidelines signed by Bush. Rove is believed to have leaked classified information in the outing of CIA agent Valerie Plame Wilson. [CBS News, 6/27/2007]

Entity Tags: House Committee on Oversight and Government Reform, Central Intelligence Agency, Fred F. Fielding, Henry A. Waxman, Karl C. Rove, Valerie Plame Wilson, George W. Bush, White House Security Office, Richard (“Dick”) Cheney, US Secret Service

Timeline Tags: Civil Liberties

The White House refuses to allow special prosecutor Patrick Fitzgerald to turn over key documents from his investigation into the Valerie Plame Wilson identity leak to Congress, as requested by House Oversight Committee chairman Henry Waxman (D-CA) since June 2007 and revealed by Waxman today. Waxman has repeatedly requested reports of interviews by President Bush, Vice President Dick Cheney, and five top White House aides—White House political strategist Karl Rove, former press secretary Scott McClellan, former chief of staff Andrew Card, National Security Adviser Stephen Hadley, and former communications director Dan Bartlett. Waxman has also requested transcripts and other documents relevant to these officials’ testimony. According to Waxman, Fitzgerald is willing to turn over the documents to the committee, but cannot gain White House permission to do so. Waxman appeals to newly appointed Attorney General Michael Mukasey to overrule the White House and release the documents. “I hope you will not accede to the White House objections,” Waxman writes to Mukasey. “During the Clinton administration, your predecessor, Janet Reno, made an independent judgment and provided numerous FBI interview reports to the committee, including reports of interviews with President Clinton, Vice President Gore, and three White House chiefs of staff. I have been informed that Attorney General Reno neither sought nor obtained White House consent before providing these interview records to the committee. I believe the Justice Department should exercise the same independence in this case.… There is no legitimate basis for the withholding of these documents. Mr. Fitzgerald has apparently determined that these documents can be produced to the committee without infringing on his prosecutorial independence or violating the rules of grand jury secrecy. As records of statements made by White House officials to federal investigators, outside the framework of presidential decision-making, the documents could not be subject to a valid claim of executive privilege.” Mukasey will not accede to Waxman’s request. Many believe that even though Fitzgerald only managed to convict one White House official as a result of his investigation (see March 6, 2007), he compiled evidence that indicates others, including Cheney, were involved in leaking Plame Wilson’s CIA status. Fitzgerald has indicated that his investigation into other White House officials was drastically hindered by Libby’s repeated lies under oath (see 9:00 a.m. February 20, 2007 and May 25, 2007). Fitzgerald has declined to testify before Waxman’s committee, citing rules that prohibit him from revealing grand jury proceedings, and noting that prosecutors “traditionally refrain from commenting outside of the judicial process on the actions of persons not charged with criminal offenses.” [Washington Post, 12/3/2007] Waxman will continue, without success, to request the information (see June 3, 2008), though the White House will release heavily redacted transcripts of Libby’s grand jury testimony in the summer of 2008. [Murray Waas, 12/23/2008]

Entity Tags: George W. Bush, Stephen J. Hadley, Valerie Plame Wilson, Andrew Card, Dan Bartlett, Richard (“Dick”) Cheney, Scott McClellan, Michael Mukasey, Henry A. Waxman, House Committee on Oversight and Government Reform, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Janet Reno, Bush administration (43), Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

Several inquiries are launched into the destruction by the CIA of videotapes showing detainee interrogations.
bullet The Justice Department begins a preliminary inquiry. It writes to the CIA’s top lawyer, John Rizzo, noting he has undertaken to ensure all currently existing records are preserved. [Associated Press, 12/8/2007]
bullet The CIA’s Inspector General begins an inquiry. One of the questions it will address is whether the destruction was obstruction of justice. [Associated Press, 12/11/2007] However, some Democratic lawmakers raise questions about the propriety of inquiries run by the Justice Department, as its lawyers offered advice about the tapes, and the CIA Inspector General, who reviewed the tapes before they were destroyed. [Washington Post, 12/15/2007]
bullet The House Intelligence Committee starts an inquiry. Committee chairman Silvestre Reyes says it is planning a “broad review” of the CIA’s detention and interrogation program, but adds, “I’m not looking for scapegoats.” [International Herald Tribune, 12/8/2007] The committee requests all cables, memos and e-mails related to the videotapes, as well as legal advice given to CIA officials before the tapes were destroyed. [New York Times, 12/15/2007]
bullet The Senate Intelligence Committee also begins an inquiry. [FindLaw, 12/14/2007]
bullet The House Judiciary Committee sends letters to CIA Director Michael Hayden and Attorney General Michael Mukasey asking whether the Justice Department provided the CIA with legal advice. [Associated Press, 12/7/2007]
bullet The House Committee on Oversight and Government Reform investigates whether the Federal Records Act has been violated. [FindLaw, 12/14/2007]
bullet There is a debate in a court case involving 11 Guantanamo detainees about whether the tapes were subject to a preservation order issued by the judge in that case (see December 14, 2007).

Entity Tags: House Intelligence Committee, House Committee on Oversight and Government Reform, Senate Intelligence Committee, House Judiciary Committee, Silvestre Reyes, US Department of Justice

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Paul Hodes.Paul Hodes. [Source: Washington Post]US Representative Paul Hodes (D-NH) asks Congress to investigate how the Pentagon may have improperly influenced so-called “military analysts” to give inaccurate information to the press (see Early 2002 and Beyond). [Associated Press, 4/25/2008] In a letter to Representative John Tierney (D-MA), the chairman of the House Oversight and Government Reform Subcommittee on National Security and Foreign Affairs, Hodes asks for hearings on the program as recently revealed by the New York Times (see April 20, 2008). “If these reports are true,” Hodes writes, “it is unacceptable that the Bush administration would attempt to manipulate the public with false propaganda on matters of war and our national security.” He adds: “A hearing also could examine whether some of these analysts were given military contracts with the Defense Department in exchange for reading Bush administration talking points on the public airwaves. The issue at stake here is the public’s right to the truth about our security, our military, and what their government is doing.” [US House of Representatives, 4/24/2008] The House will pass an amendment prohibiting the Pentagon from conducting propaganda operations and requiring the General Accounting Office (GAO) to investigate the program (see May 22, 2008).

Entity Tags: New York Times, US Department of Defense, House Committee on Oversight and Government Reform, Paul Hodes, John Tierney

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Henry Waxman (D-CA), the chairman of the House Oversight Committee, writes to Attorney General Michael Mukasey requesting access to the transcripts of interviews by President Bush and Vice President Cheney regarding the “outing” of CIA agent Valerie Plame Wilson (see Shortly after February 13, 2002). The interviews were conducted as part of the investigation of former Vice Presidential Chief of Staff Lewis “Scooter” Libby by special prosecutor Patrick Fitzgerald. Waxman notes that he made a similar request in December 2007 which has gone unfulfilled (see December 3, 2007). Waxman wants the reports from Bush and Cheney’s interviews, and the unredacted reports from the interviews with Libby, former White House Deputy Chief of Staff Karl Rove, former White House press secretary Scott McClellan, former National Security Adviser Condoleezza Rice, former White House aide Cathie Martin, “and other senior White House officials.” Information revealed by McClellan in conjuction with his new book What Happened, including McClellan’s statement that Bush and Cheney “directed me to go out there and exonerate Scooter Libby,” and his assertion that “Rove, Libby, and possibly Vice President Cheney… allowed me, even encouraged me, to repeat a lie,” adds to evidence from Libby’s interviews that Cheney may have been the source of the information that Wilson worked for the CIA. For Cheney to leak Wilson’s identity, and to then direct McClellan to mislead the public, “would be a major breach of trust,” Waxman writes. He adds that no argument can be made for withholding the documents on the basis of executive privilege, and notes that in 1997 and 1998, the Oversight Committee demanded and received FBI interviews with then-President Clinton and then-Vice President Gore without even consulting the White House. [US House of Representatives, 6/3/2008; TPM Muckraker, 6/3/2008]

Entity Tags: William Jefferson (“Bill”) Clinton, Karl C. Rove, Richard (“Dick”) Cheney, George W. Bush, Henry A. Waxman, Condoleezza Rice, Albert Arnold (“Al”) Gore, Jr., Catherine (“Cathie”) Martin, Scott McClellan, House Committee on Oversight and Government Reform, Lewis (“Scooter”) Libby, Michael Mukasey

Timeline Tags: Civil Liberties, Niger Uranium and Plame Outing

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