CIA: We Only Spied On Senate Intelligence Committee Because They Took Classified Documents That Prove We’re Liars
By Mike Masnick | Techdirt | March 7, 2014
Earlier this week, we wrote about the accusations that the CIA was spying on Senate staffers on the Senate Intelligence Committee as they were working on a massive $40 million, 6,300-page report condemning the CIA’s torture program. The DOJ is apparently already investigating if the CIA violated computer hacking laws in spying on the Senate Intelligence Committee computers. The issue revolved around a draft of an internal review by the CIA, which apparently corroborates many of the Senate report’s findings — but which the CIA did not hand over to the Senate. This internal report not only supports the Senate report’s findings, but also shows that the CIA has been lying in response to questions about the terror program.
In response to all of this, it appears that the CIA is attempting, weakly, to spin this as being the Senate staffers’ fault, arguing that the real breach was the fact that the Senate staffers somehow broke the rules in obtaining that internal review. CIA boss John Brennan’s statement hints at the fact that he thinks the real problem was with the way the staffers acted, suggesting that an investigation would fault “the legislative” branch (the Senate) rather than the executive (the CIA).
In his statement on Wednesday Brennan hit back in unusually strong terms. “I am deeply dismayed that some members of the Senate have decided to make spurious allegations about CIA actions that are wholly unsupported by the facts,” Brennan said.
“I am very confident that the appropriate authorities reviewing this matter will determine where wrongdoing, if any, occurred in either the executive branch or legislative branch,” Brennan continued, raising a suggestion that the Senate committee itself might have acted improperly.
A further report detailed what he’s talking about. Reporters at McClatchy have revealed that the Senate staffers working on this came across the document, printed it out, and simply walked out of the CIA and over to the Senate with it, and the CIA is furious about that. Then, in a moment of pure stupidity, the CIA appears to have confronted the Senate Intelligence Committee about all of this… directly revealing that they were spying on the Committee staffers.
Several months after the CIA submitted its official response to the committee report, aides discovered in the database of top-secret documents at CIA headquarters a draft of an internal review ordered by former CIA Director Leon Panetta of the materials released to the panel, said the knowledgeable person.
They determined that it showed that the CIA leadership disputed report findings that they knew were corroborated by the so-called Panetta review, said the knowledgeable person.
The aides printed the material, walked out of CIA headquarters with it and took it to Capitol Hill, said the knowledgeable person.
“All this goes back to what is the technical structure here,” said the U.S. official who confirmed the unauthorized removal. “If I was a Senate staffer and I was given access to documents on the system, I would have a laptop that’s cleared. I would be allowed to look at these documents. But with these sorts of things, there’s generally an agreement that you can’t download or take them.”
The CIA discovered the security breach and brought it to the committee’s attention in January, leading to a determination that the agency recorded the staffers’ use of the computers in the high-security research room, and then confirmed the breach by reviewing the usage data, said the knowledgeable person.
There are many more details in the McClatchy report, which I highly recommend reading. And, yes, perhaps there’s an argument that Senate staffers weren’t supposed to take such documents, but the CIA trying to spin this by saying it was those staffers who were engaged in “wrongdoing” is almost certainly going to fall flat with Congress. After all, the intelligence committee is charged with oversight of the CIA, not the other way around. “You stole the documents we were hiding from you which proved we were lying, so we spied on you to find out how you did that” is not, exactly, the kind of argument that too many people are going to find compelling.
Still, the latest is that the CIA has successfully convinced the DOJ to have the FBI kick off an investigation of the Senate staffers, rather than of the CIA breaking the law and spying on their overseers.
Of course, the CIA may still have one advantage on its side: there are still some in Congress who are so supportive of the intelligence community itself that even they will make excuses for the CIA spying on their own staff. At least that seems to be the response from Senate Intelligence vice chair Senator Saxby Chambliss, one of the most ardent defenders of the intelligence community he’s supposed to be watching over. When asked about all of this, he seemed to be a lot more concerned about the staffers supposedly taking “classified” documents than about the CIA spying on those staffers:
“I have no comment. You should talk to those folks that are giving away classified information and get their opinion,” Intelligence Committee Vice Chairman Saxby Chambliss (R-Ga.) said when asked about the alleged intrusions.
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Rep. Alan Grayson: I Learn Much More About The NSA From The Press Than From Intelligence Briefings
By Mike Masnick | Techdirt | October 28, 2013
Rep. Alan Grayson has been among the most outspoken members of Congress about the NSA’s surveillance efforts, and his latest is an op-ed in the Guardian, in which he notes that Congressional “oversight” is really Congressional “overlook,” and that he learns much more about the NSA from the press than from the House intelligence briefings:
Despite being a member of Congress possessing security clearance, I’ve learned far more about government spying on me and my fellow citizens from reading media reports than I have from “intelligence” briefings. If the vote on the Amash-Conyers amendment is any indication, my colleagues feel the same way. In fact, one long-serving conservative Republican told me that he doesn’t attend such briefings anymore, because, “they always lie”.
Many of us worry that Congressional Intelligence Committees are more loyal to the “intelligence community” that they are tasked with policing, than to the Constitution. And the House Intelligence Committee isn’t doing anything to assuage our concerns.
We’ve covered in detail how House Intelligence chair Mike Rogers had blocked other Reps. from learning information about the spying program, refusing to answer questions or provide more access to certain Congressional Reps, as well as generally making sure that curious Reps can’t find out the answers to their questions. Grayson goes into more detail:
I’ve requested classified information, and further meetings with NSA officials. The House Intelligence Committee has refused to provide either. Supporters of the NSA’s vast ubiquitous domestic spying operation assure the public that members of Congress can be briefed on these activities whenever they want. Senator Saxby Chambliss says all a member of Congress needs to do is ask for information, and he’ll get it. Well I did ask, and the House Intelligence Committee said “no”, repeatedly. And virtually every other member not on the Intelligence Committee gets the same treatment.
Recently, a member of the House Intelligence Committee was asked at a town hall meeting, by his constituents, why my requests for more information about these programs were being denied. This member argued that I don’t have the necessary level of clearance to obtain access for classified information. That doesn’t make any sense; every member is given the same level of clearance. There is no legal justification for imparting secret knowledge about the NSA’s domestic surveillance activities only to the 20 members of the House Intelligence Committee. Moreover, how can the remaining 415 of us do our job properly, when we’re kept in the dark – or worse, misinformed?
This is even more important than just a few concerned Congressional Reps. Just recently, we wrote about the FISA Court’s defense of its latest renewal on the bulk metadata collection of phone records under Section 215 of the Patriot Act. A very key piece of that decision had to do with the FISA Court’s belief that Congress was well-informed about the programs when it voted to renew Section 215 — thus, arguing that Congress approves of such things. Grayson’s comments (along with those of many other House Representatives — not to mention the 207 Reps who voted for the Amash Amendment against such bulk collection) suggest that the FISA Court is simply wrong on this, but doesn’t seem to care enough to find out the truth.
Feinstein’s Senate Committee Defends NSA Phone Surveillance, Pushes Bill to Retain It
By Noel Brinkerhoff | AllGov | September 28, 2013
Senator Dianne Feinstein
Members of the Senate Intelligence Committee made it clear this week that they see no reason to halt the National Security Agency’s controversial program that collects records of Americans’ phone calls.
Led by the panel’s chair, Senator Dianne Feinstein (D-California), a majority of the committee indicated during a hearing on Thursday that they want the NSA to keep using the once-secret program, but under certain conditions.
Feinstein and the committee’s top Republican, Senator Saxby Chambliss of Georgia, plan to draft new legislation by next week that would require the NSA to file public reports on the calling log database.
The bill would also mandate that the agency reduce the number of years that it stores the database’s contents. Currently, the NSA says that it stores the records for five years.
In addition, Feinstein wants the Senate to have confirmation authority over new NSA directors.
At the same time, the Democratic lawmaker is willing to broaden the agency’s power to wiretap without court approval a foreigner’s cellphone for at least one week when that person travels to the United States.
Another provision would demand that the NSA send lists of the phone numbers it searches, along with explanations for doing so, to the Foreign Intelligence Surveillance Court for review.
Critics of the NSA’s domestic surveillance have called for ending the phone-records program altogether. These advocates include two members of the Senate Intelligence Committee, Democrats Ron Wyden of Oregon and Mark Udall of Colorado, who have introduced a tougher reform bill.
But it appears unlikely Wyden’s bill will get past Feinstein’s committee, since Feinstein says the call log program is legal and “necessary for our nation’s security,” according to The New York Times.
To Learn More:
Senators Push to Preserve N.S.A. Phone Surveillance (by Charlie Savage, New York Times)
Feinstein Outlines NSA Changes (by Brendan Sasso and Kate Tummarello, The Hill)
“Independent Experts” Reviewing NSA Spying Have Ties to Intelligence Community (by Noel Brinkerhoff and Danny Biederman, AllGov)
Left and Right Unite to Sue NSA over Telephone Records Surveillance (by Matt Bewig, AllGov)
Related articles
- Political Moves: How Dianne Feinstein Cut Off One Of The Few Attempts At Actual Oversight By Senate Intelligence Committee (alethonews.wordpress.com)
- Feinstein’s NSA ‘reform’ bill would expand snooping powers (EndtheLie.com)
- Dianne Feinstein Accidentally Confirms That NSA Tapped The Internet Backbone (blacklistednews.com)