Showing posts with label Jay Rockefeller. Show all posts
Showing posts with label Jay Rockefeller. Show all posts

February 14, 2008

The House Moves for More Debate on Reconciling Spy Bill, While Republicans Can Keep Walking, by Matt Janovic

"I guess you got to come to the conclusion that there's a threat to America, or not a threat. ...I mean, evidently, some people just don't feel that sense of urgency. I do. And the reason I do is I firmly believe that there are still people out there who would do us harm." --Our ostensible President, George W. Bush, engaging in political theater today.

Washington D.C.--The yelling, squelching, and fear-mongering by the White House and her allies in Congress and the media continues today on the issue of renewal of the Protect America Act, blessedly expiring on Saturday. Will letting it expire make us less safe? No. FISA requires that any president who wishes to conduct a wiretapping operation within the United States must first go to the secret court (already questionable in-itself) and apply for a warrant. But that wasn't good enough for the Bush White House, an fear-ridden administration that has rightly seen enemies everywhere--especially within the continental United States. Could we have a better Valentine's Day gift? Who needs chocolates?


There is no legitimate study that has ever connected the failures surrounding September 11th, 2001 to the requirement for warrants and all the other requirements that must be met to obtain judicial permission for investigative surveillance by the executive branch. Not one. Why would logic stop the president when he's facing legal difficulties? He didn't want the cookies anyway. Today, even the poker-faced Associated Press wrote that, "In a day of high political theater, President Bush said Thursday he'll delay his trip to Africa if necessary to get the House to finish a bill about how the government monitors phone calls and e-mails of suspected terrorists." ("Bush Criticizes Congress on Terror Bill," AP, 02.14.2008) Great, stay in Washington, go ahead, but isn't that endangering all of us by neglecting urgent diplomacy?


Yet, the president and his allies insist we could actually be attacked "in-the-interim" (while they were doing their walk-out, which is just as logical as their own assertions). Never mind that it took the 9/11 hijackers and their backers five-years to plan-and-expedite the attacks, the president--shock-and-awe--is going to do his own hijacking of the diplomatic process again, this time to protect himself and everyone else who was involved with his administration's roving, warrantless wiretapping program from investigation. This is unacceptable, and it's a direct threat to our collective security as a nation. That's nothing new under the Bush administration.


We can safely assume that one of the primary enablers of illegal surveillance by the White House is Senator Jay Rockefeller. Around the time of the New York Times article on the NSA program, Senator Rockefeller produced a sealed copy of a note he sent to Vice President Cheney on his "reservations" about the legality of the program. Sponsoring an amendment that flies-in-the-face of the thrust of the note story suggests the senator's involvement in the program is substantial, especially considering his direct-ties to A.T.& T.


But growing-a-spine could be good for House and Senate Democratic incumbents, and the elephant in the room is that House Democrats are doing exactly what the majority voted them in to do in midterm elections in November of 2006 regarding this issue. The main issue is corruption, something the public has been wearying of for several years. The rest of the incumbents are being given their cue to repent to the public, and the stragglers and wafflers are going to lose if they continue to throw their lot in with the nearly expended Bush White House.
Democrats chairing the Intelligence and Judiciary committees in both Houses are already talking about compromises, Pelosi said, and the House Rules committee has left open the possibility of adopting compromise legislation on Thursday or Friday, before the President's Day weekend break. But Bush says he will veto any bill that does not include amnesty for the telecoms that helped with his five-year warrantless spying program, saying that if Congress does not do so, companies will be reluctant to help in the future. (Wired online, 02.14.2008)
It's a hollow argument, like all the others the administration has foisted on us. We want total power, but we cannot tell the big telecommunications corporations what's important to our national security. This seems confusing when you think of the administration as separate from corporate America--they are not. Again, there are the enablers in the ranks of the Democrats: Senators like Indiana's Evan Bayh, who could lose very big indeed by not being nominated for the post of Vice President. Besides having no personality, it would be for his "up" vote for the Protect America Act and his long-term support of funding for the war in Iraq and Afghanistan.

The milquetoast Bayh is not alone in Congress by any means. Taking the moderate path--which in America means hard-right--isn't going to save these wafflers, and they're likely to regret their votes for the renewal of the PAA. The public will remember this across the political spectrum, and the real electoral showdown is coming sooner rather than later. The majority of the American public will not accept retroactive immunity in any version of the bill.

However, the stakes are much higher, and trials and prison could await co-conspirators like Rockefeller if a wider investigation of the warrantless NSA wiretapping program occurs. Hence the reason for retroactive immunity and its "broad support" in Congress: many of them stand to loses if the lawsuits of the 40 plaintiffs against America's biggest telecommunication companies go through. The outcomes wouldn't even be as important as the revelations that would come out in the trials, and political damage could be acute. For this reason, the American public isn't supposed to know what their own history is.

As Senator Chris Dodd stated before the final vote in the Senate, it would "close the door" on what happened for a very long time. In the spirit of all this today, the president made some evasive statements on the bill and why he felt so compelled that it be passed immediately:
Without this protection, without this liability shield, we may not be able to secure the private sector's cooperation with our intelligence efforts. And that, of course, would put the American people at risk. Now it's the House's turn to act. It is clear that the Senate bill would pass the House with bipartisan support. Republicans and Democrats in the Senate can put partisanship aside, and pass a good bill. There's no reason why the House cannot do the same, and pass the Senate bill immediately. (whitehouse.gov, 02.14.2008)
The president isn't missing-the-point--he's avoiding it on purpose. The fact is, there is already ample-proof to investigate wrongdoing by the White House in so many areas that it's mind-boggling. What's well-known is that the president authorized an illegal wiretapping program expedited by the NSA and the telecoms that did wide-sweeps netting information on millions of Americans. It was all done without warrants. This is illegal, and should be handled by our legal system, not the legislative or executive branches. And what of the Republican "walk-out"?

The nature of the walk-out is being reported in some areas incorrectly: it was staged and urged-on by House Minority Leader John Boehner (R-Oh.-thanks-a-lot, Ohio.) because contempt citations would finally be issued against former Bush aides and counsel for not appearing before Congress regarding the U.S. Attorney firings flush to the 2006 midterms. This sole constitutional standoff has lasted for at least a year. On the walk-out:
Republican leader John Boehner (R-Ohio) is giving a press conference on the Capitol steps right now [Ed.-the original article was posted at 2:02 PM ET], saying that the decision of the House to debate a contempt resolution involving former White House officials instead of taking up the Protect America Act jeopardizes national security. He said the House Republicans would stay in Washington as long as necessary to finish the bill.

Pelosi and the Democratic leadership believe there isn’t enough time to reconcile the differences between the Senate and House versions of the act, which would make adjustments to the Foreign Intelligence Surveillance Act permanent, giving the government more power to monitor phone calls and emails without a court order in certain circumstances. The Democrats want a second extension of the current act to work out the differences. ("FISA Faceoff: Republicans walk out," The Swamp, Baltimore Sun, 02.14.2008)

But never mind that Congress should be given ample time to hammer-out the differences, why not let the courts decide all of this so that we have the normal traditions of our cherished checks and balances restored? And so, the Republicans walked-out, refusing to vote on the contempt citations for former Bush counsel Harriet Miers and former White House Chief of Staff, Joshua Bolten, who the Bush administration is terrified of seeing testify under oath. If the threat is so great to America, why walk-out? Why not stay and attempt to reconcile the bill?

The vote in the House was 223-32 to hold former presidential chief of staff Joshua Bolten and former White House counsel Harriet Miers in contempt for not appearing before Congress. The citations charges Miers with failing to testify and accuses her and Bolten of refusing Congress' demands for documents related to the 2006 firings of at least nine U.S. Attorneys. One of them was Carol Lam, who was likely fired for her successful investigation and conviction of former GOP Representative Randall Cunningham. Both the issues of the contempt citations and inquiries into warrantless surveillance by the Bush administration and her allies are the real issues. They are the genuine domestic threat to our national security. It would be good for America if the GOP did more walk-outs, we might have a reasonable pursuit of happiness for a change...

And so, if "time is wasting," why walk-out, then pronounce that you're going to "stay in Washington to work on the bill"? Could anyone but a Republican make such bizarre, even contradictory statements than that? Yes, Bill Clinton could, and he figures-into the same political culture as the supporters of the Protect America Act. They all want retroactive immunity for the telecommunication companies to preserve a crumbling imperial presidency. Al Gore would vote the same way, as would Hillary Clinton.

It's also likely that Barack Obama would have voted for this version of the bill if he wasn't running for the office of President of the United States. This why they avoided the actual vote on the bill in the Senate. Interestingly, so did Lindsay Graham. Nonetheless, the pressure against these measures from the public is real, and it's not going away anytime soon. They hold little popular support at all. Lack of popular support hasn't stopped the GOP yet, and so only the courts can do this job.

A word-of-advice to the Republicans who walked-out today: keep walking, and don't look back. Many of your aren't by not seeking reelection, and we're getting ready out here to hammer the next brew of corrupt candidates. You're finally serving the public interest for once in your lives by leaving office.

The Republican walk-out is all just a ruse, bad political dinner theater to deflect any solid inquiries into the Bush administration's crimes. It should be obvious now that a number of co-conspirators in the warrantless surveillance program reside in Congress, and a few of them are Democrats on powerful committees. The inaction towards the Bush administration should come as no surprise in this context.

Criminals aren't known to investigate and arrest themselves. Next-time-around--if there is one--candidates Obama and Clinton should vote on such questionable legislation as the PAA so that we know where they really stand. What do they have to hide? One could imagine that it's a lot. Being a registered Democrat doesn't mean you trust the people in Washington, or take them at their word. It's time to deliver, or leave office. Retroactive immunity isn't delivering, and their will be a price-to-pay, and it will be a big one.

Wired magazine's blog on the walk-out: http://blog.wired.com/27bstroke6/2008/02/democrats-confr.html

"Bush Criticizes Congress on Terror Bill," 02.14.2008:

February 12, 2008

PHONE ACTIVISM ALERT!! CALL THE HOUSE OF REPRESENTATIVE!!

We’re not done yet. FireDogLake has a petition to pressure the House to stand firm behind the RESTORE act.

Dear Virginia,

Call Senator Reid and your pwn senators and demand they stand up to President Bush.

What is wrong with our Senate leadership?

Three times now, DFA members like you and me have made phone calls demanding Senators stand up to the Bush administration and pass a FISA bill without granting immunity to telecommunication companies who spied on innocent Americans.

Each time, Washington insiders predicted that we would fail to stop it. And because of you, each time the insiders were wrong.

But President Bush is determined to get telecom immunity passed before he leaves office because he knows the lawsuits against AT&T and Verizon are America's last chance to hold the Bush administration accountable for spying on you. He's even promised to veto any FISA reform bill that doesn't let his cronies off the hook.

How many Americans will die in Iraq while the Senate spends another worthless day fighting over a flawed bill that only the President and his friends want passed? How many children will continue to go without health insurance because the Senate is too busy helping AT&T instead of fighting to expand S-CHIP or provide health care for all?

Why is a "get out of jail free" card for Verizon more important than stopping global warming?

It's time to take FISA reform off the table until America elects a new President next November. Senate Majority Leader Harry Reid could end this once and for all -- today.

Call Senator Reid right now and demand: No new FISA reforms while President Bush is still in office.

Democratic Majority Leader
Senator Harry Reid
(202) 224-3542

Suggested Script:
"Take telecom immunity off the table. Pull the FISA reform bill and extend current law until President Bush leaves office. The U.S. Senate has more important work to get done than figure out how to let AT&T get away with spying on Americans."

Please report your call here:
www.DemocracyforAmerica.com/reportfisacalls

Wait! Don't stop there. Contact your senators too! They need to know where you stand. Senator Reid is more likely to stand strong if your senator stands with him. Please call your senators now:

Senate Switchboard
(202) 224-3121

Don't forget to report how your calls went here:
www.DemocracyforAmerica.com/reportfisacalls

Washington insiders say we can't stop this bill. Maybe they are right, but we've heard it before. Let's see what they are saying after you and I and our progressive community make thousands of calls today.

We will stand up to President Bush today. Together, we'll demand the Senate follows our lead.

Voting with the Republicans were the following eighteen Democrats (again, rough count):

Bayh, Inouye, Johnson, Landrieu, McCaskill, Ben Nelson, Bill Nelson, Stabenow, Feinstein, Kohl, Pryor, Rockefeller, Salazar, Carper, Mikulski, Conrad, Webb, and Lincoln. Joe Lieberman also voted against stripping retroactive immunity.


Nays TRAITORS TO THE US CONSTITUTION

Alexander (R-TN) Allard (R-CO) Barrasso (R-WY) Bayh (D-IN) Bennett (R-UT)
Bond (R-MO) Brownback (R-KS) Bunning (R-KY) Burr (R-NC) Carper (D-DE)
Chambliss (R-GA) Coburn (R-OK) Cochran (R-MS) Coleman (R-MN)
Collins (R-ME) Conrad (D-ND) Corker (R-TN) Cornyn (R-TX) Craig (R-ID)
Crapo (R-ID) DeMint (R-SC) Dole (R-NC) Domenici (R-NM)
Ensign (R-NV) Enzi (R-WY) Feinstein (D-CA) Grassley (R-IA) Gregg (R-NH)
Hagel (R-NE) Hatch (R-UT) Hutchison (R-TX) Inhofe (R-OK)
Inouye (D-HI) Isakson (R-GA) Johnson (D-SD) Kohl (D-WI) Kyl (R-AZ)
Landrieu (D-LA) Lieberman (ID-CT) Lincoln (D-AR) Lugar (R-IN)
Martinez (R-FL) McCain (R-AZ) McCaskill (D-MO) McConnell (R-KY)
Mikulski (D-MD) Murkowski (R-AK) Nelson (D-FL) Nelson (D-NE)
Pryor (D-AR) Roberts (R-KS) Rockefeller (D-WV) Salazar (D-CO)
Sessions (R-AL) Shelby (R-AL) Smith (R-OR) Snowe (R-ME)
Specter (R-PA) Stabenow (D-MI) Stevens (R-AK) Sununu (R-NH)
Thune (R-SD) Vitter (R-LA) Voinovich (R-OH) Warner (R-VA)
Webb (D-VA) Wicker (R-MS)

American readers, if your senator is on this list, would you please let them know how you intend to vote when they are up for re-election? Thank you.

Senate Protects Telecom Immunity in Spy Bill


Washington Post Staff Writers
Tuesday, February 12, 2008; 2:53 PM

The Senate voted today to preserve retroactive immunity from lawsuits for telecommunications companies that cooperated with a government eavesdropping program, decisively rejecting an amendment that would have stripped the provision from a bill to modernize an electronic surveillance law.

Senators voted 67 to 31 to shelve the amendment offered by Sens. Christopher J. Dodd (D-Conn.) and Russell Feingold (D-Wis.). A filibuster-proof 60 votes had been needed for the amendment to move forward.

The vote represented a victory for the Bush administration and a number of telecommunications companies -- including AT&T and Sprint Nextel -- that face dozens of lawsuits from customers seeking billions of dollars in damages.

Approval of the amendment would have exposed the companies to privacy lawsuits for helping the administration monitor the calls of suspected terrorists without warrants from a special court following the Sept. 11, 2001, attacks.

The amendment was one of a series the Senate is considering today to modify legislation that would extend the government's authority to carry out electronic surveillance against targets outside the United States.

President Bush has called on Congress to rapidly renew the surveillance authority granted to the federal government in the Protect America Act approved last year. But he has vowed to veto any bill that does not shield the companies that helped the government carry out the warrantless wiretapping program he ordered after the Sept. 11 attacks.

About 40 lawsuits have been filed against U.S. telecommunications companies by plaintiffs who alleged that the firms' actions violated wiretapping and privacy laws.

Immunity from such lawsuits must also be approved by the House, which does not provide such protection in its version of the bill.

The Senate bill is aimed at modernizing the Foreign Intelligence Surveillance Act of 1978. The Protect America Act last year gave the government expanded authority to carry out surveillance, but its provisions expired Feb. 1. Congress and Bush agreed to an extension that runs out Friday.

In debate on the Senate floor before the vote, Dodd said it was a bad precedent to grant retroactive immunity to telecommunications companies, and he urged senators to "allow the courts to do their job."

Arguing against the amendment, Sen. Christopher S. Bond (R-Mo.) said that permitting lawsuits against the companies would lead to public disclosure of vital intelligence-gathering methods and would discourage the private sector from cooperating with the government in the future. He said the companies facing lawsuits had acted "in good faith," and he called the immunity provision "an essential part of this bill."

Seventeen Democrats and one independent joined 49 Republicans in voting against the Dodd-Feingold amendment. Among those voting with the majority was Sen. John McCain (R-Ariz.), the leading candidate for the GOP presidential nomination. Sen. Barack Obama (D-Ill.), who is battling for the Democratic nomination, voted in favor of the amendment. His chief rival, Sen. Hillary Rodham Clinton (D-N.Y.), did not vote.

Civil liberties groups denounced the Senate's action.

"When companies break the law, they should be held accountable by our government -- not given a multimillion-dollar favor," said Caroline Fredrickson, director of the American Civil Liberties Union's Washington Legislative Office. "The millions of Americans who are telecom customers deserve to know that their phone conversations are private."

In a statement, she charged that telecommunications companies "illegally turned over private customer call information to the government." But instead of "having faith in the U.S. court system to fairly handle these cases," she said, the Senate opted to "give the telecom providers a get-out-of-jail-free card."

The Senate today also rejected two other amendments aimed at diluting the immunity provision. One would have allowed the lawsuits to go forward but would have made the federal government--not the telecommunications companies--the defendant in those cases. The measure, co-sponsored by Sens. Arlen Specter (R-Pa.) and Sheldon Whitehouse (D-R.I.), was rejected 68 to 30.

The other rejected amendment, sponsored by Sen. Dianne Feinstein (D-Calif.), would have authorized the secret FISA court, which oversees federal surveillance of foreign intelligence and terrorism suspects inside the United States, to decide whether a company could be sued for providing customers' records to the government.

It was defeated by a vote of 57 to 41.

Kathy's US Politics Blog

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Should Congress Provide Blanket Immunity For Wiretaps?

About Poll
Should Congress Give TeleCom Firms Immunity From Lawsuits Resulting From Bush White House Warrantless Wiretaps?
Yes, of course
No, absolutely not
Maybe
Current Results
Telecom Immunity: It's Up To The House Now

If you believe in the Constitution ... if you believe that White House actions require more than "make it so" commands to be judged legal under the Constitution ... then you need to contact your US Representative. Now. (Note: most of the readers of USP oppose telecom immunity -- see the poll.)

Political expediency is the name of the day; President Bush threatens to veto any FISA (Foreign Intelligence Surveillance Act) legislation that does not contain immunity for telecommunications firms that performed warantless wiretaps at Administration behest.

So Democrats in the Senate capitulate: today 18 Democrats joined the 49 Senate Republicans to keep the telecom immunity provision in FISA . Who were they? Bayh, Carper, Conrad, Feinstein, Inouye, Johnson, Kohl, Landrieu, Lincoln, McCaskill, Mikulski, Ben Nelson, Bill Nelson, Pryor, Rockefeller, Salazar, Stabenow and Webb. Clinton did not vote; Obama voted against amnesty. (See details on 12 key senators.)

Coupled with last week's admission by the Department of Justice that there will be no investigation of the waterboarding of Gitmo prisoners because the DOJ had ruled the practice "legal" at the time, Americans who believe in the rule of law should be up in arms. Glenn Greenwald details the damage:

January 25, 2008

Question what you are told . FISA and the President

Statement by the President

WASHINGTON--(BUSINESS WIRE)--

Last August, Congress passed the Protect America Act, which updated our foreign intelligence surveillance law to adapt to today’s technology and to meet today’s threats. This bipartisan legislation has aided our efforts to monitor the communications of terrorists and other foreign intelligence targets.

Unfortunately, Congress set this legislation to expire on February 1st. That is just 8 days from today – yet the threat from al Qaeda will not expire in 8 days.

If Congress does not act quickly, our national security professionals will not be able to count on critical tools they need to protect our Nation, and our ability to respond quickly to new threats and circumstances will be weakened. That means it will become harder to figure out what our enemies are doing to recruit terrorists and infiltrate them into our country.

Last fall, the Senate Intelligence Committee completed its work on a bipartisan bill to modernize our foreign intelligence surveillance law. I commend Senators Rockefeller and Bond, the Committee’s Chairman and Vice Chairman, for leading the effort to complete work on this bill.

The Senate Intelligence Committee’s bill contains many provisions that our intelligence officials say they need to protect our country. The bill would maintain the vital flow of intelligence on terrorist threats. It would protect the freedoms of Americans while making sure we do not extend those same protections to terrorists overseas. And it would provide liability protection to companies now facing billion dollar lawsuits only because they are believed to have assisted in efforts to defend our Nation following the Nine-Eleven attacks.

This bill still needs some changes, but I am optimistic that with goodwill on both sides we can make those changes quickly. So I ask Congressional leaders to follow the course set by their colleagues on the Senate Intelligence Committee, bring this legislation to a prompt vote in both houses, and send me a bill that I can sign before the Protect America Act expires on February 1st.

Congress’ action – or lack of action – on this important issue will directly affect our ability to keep Americans safe.


And what Americans are those Mr. President? You have now killed more American citizens in Iraq (not even counting in Afghanistan) as you pursue your INSANITY, never talking to anyone who disagrees with you.

You feel threatened? Then get a shrink .. you are totally nuts and have undone the US Constitution.

And thanks so much Jay Rockefeller. History will remember you, too!!

When does the insantity stop??

December 09, 2007

waterboarding; the CONgress gets defensive. Pelosi KNEW

Coupla things: One is remember that the ever-lovely Ms. Harmon is the the one bringing you HR 1955, the WOOOOOOOOOONderful bill proposing thought crimes. Obviously, obviously some political hay is being reaped here by making Pelosi look bad - as Ms. Harmon was the one blocked as House Leader by Pelosi.

Two, torture is torture. Rationalizing war crimes as Oh! we was SCARED! dont' cut it. It is a WAR CRIME, and what's more it just is not NOT NICE. The US government's little puppet John Yoo has admitted they can do virtually anything to anyone on executive order short of killing them while torturing - it's okay though if they die later from the torture (harsh interrogation! give me a friggin break.) And CONgress knew this, the knew all about unitary executive, they knew all about Rumsfield's direct directives and they knew the Geneva conventions. God, I have such little patience with all these friggin operators and COLLABORATORS.

Since September 11th was gone, then justifying fear (as it wasn't done DURING 9/11 but after) someone, just someone, could have proposed having saner headz, but I guess that is expecting too much from these dunderheads and those intent at making America so fearsome, so loathsome, no despicable act done in "the name of the AMERICAN PEOPLE at taxpayer expense" could possibly be overlooked. Keep funding away, CONgress! Make sure the torturers can keep up the "good work".

All the politics are just so baffling as America goes down in flames. And it could get less than figurative and get real literal soon if the political gaming doesn't stop soon.

And as I've advised, do keep your eyes peeled on the moves of Jay Rockefeller as CONgress gets more and more scared as the days tick by .. Oh, he'll be right in there stirring up the pot to come out as the HERO!


Hill Briefed on Waterboarding in 2002

In Meetings, Spy Panels' Chiefs Did Not Protest, Officials Say

Washington Post Staff Writers

In September 2002, four members of Congress met in secret for a first look at a unique CIA program designed to wring vital information from reticent terrorism suspects in U.S. custody. For more than an hour, the bipartisan group, which included current House Speaker Nancy Pelosi (D-Calif.), was given a virtual tour of the CIA's overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk.

Among the techniques described, said two officials present, was waterboarding, a practice that years later would be condemned as torture by Democrats and some Republicans on Capitol Hill. But on that day, no objections were raised. Instead, at least two lawmakers in the room asked the CIA to push harder, two U.S. officials said.

"CIA Director Michael V. Hayden said in an interview two months ago that he had informed congressional overseers of
" all="" aspects="" of="" the="" detention="" and="" interrogation="" align="top" border="0" height="190" width="110" />

"The briefer was specifically asked if the methods were tough enough," said a U.S. official who witnessed the exchange.

Congressional leaders from both parties would later seize on waterboarding as a symbol of the worst excesses of the Bush administration's counterterrorism effort. The CIA last week admitted that videotape of an interrogation of one of the waterboarded detainees was destroyed in 2005 against the advice of Justice Department and White House officials, provoking allegations that its actions were illegal and the destruction was a coverup.

Yet long before "waterboarding" entered the public discourse, the CIA gave key legislative overseers about 30 private briefings, some of which included descriptions of that technique and other harsh interrogation methods, according to interviews with multiple U.S. officials with firsthand knowledge.

With one known exception, no formal objections were raised by the lawmakers briefed about the harsh methods during the two years in which waterboarding was employed, from 2002 to 2003, said Democrats and Republicans with direct knowledge of the matter. The lawmakers who held oversight roles during the period included Pelosi and Rep. Jane Harman (D-Calif.) and Sens. Bob Graham (D-Fla.) and John D. Rockefeller IV (D-W.Va.), as well as Rep. Porter J. Goss (R-Fla.) and Sen. Pat Roberts (R-Kan).

Individual lawmakers' recollections of the early briefings varied dramatically, but officials present during the meetings described the reaction as mostly quiet acquiescence, if not outright support. "Among those being briefed, there was a pretty full understanding of what the CIA was doing," said Goss, who chaired the House intelligence committee from 1997 to 2004 and then served as CIA director from 2004 to 2006. "And the reaction in the room was not just approval, but encouragement."


Congressional officials say the groups' ability to challenge the practices was hampered by strict rules of secrecy that prohibited them from being able to take notes or consult legal experts or members of their own staffs. And while various officials have described the briefings as detailed and graphic, it is unclear precisely what members were told about waterboarding and how it is conducted. Several officials familiar with the briefings also recalled that the meetings were marked by an atmosphere of deep concern about the possibility of an imminent terrorist attack.

"In fairness, the environment was different then because we were closer to Sept. 11 and people were still in a panic,"
said one U.S. official present during the early briefings.
"But there was no objecting, no hand-wringing. The attitude was,
'We don't care what you do to those guys as long as you get the information you need to protect the American people.' "

Only after information about the practice began to leak in news accounts in 2005 -- by which time the CIA had already abandoned waterboarding -- did doubts about its legality among individual lawmakers evolve into more widespread dissent. The opposition reached a boiling point this past October, when Democratic lawmakers condemned the practice during Michael B. Mukasey's confirmation hearings for attorney general.

GOP lawmakers and Bush administration officials have previously said members of Congress were well informed and were supportive of the CIA's use of harsh interrogation techniques. But the details of who in Congress knew what, and when, about waterboarding -- a form of simulated drowning that is the most extreme and widely condemned interrogation technique -- have not previously been disclosed.

U.S. law requires the CIA to inform Congress of covert activities and allows the briefings to be limited in certain highly sensitive cases to a "Gang of Eight," including the four top congressional leaders of both parties as well as the four senior intelligence committee members. In this case, most briefings about detainee programs were limited to the "Gang of Four," the top Republican and Democrat on the two committees. A few staff members were permitted to attend some of the briefings.

That decision reflected the White House's decision that the "enhanced interrogation" program would be treated as one of the nation's top secrets for fear of warning al-Qaeda members about what they might expect, said U.S. officials familiar with the decision. Critics have since said the administration's motivation was at least partly to hide from view an embarrassing practice that the CIA considered vital but outsiders would almost certainly condemn as abhorrent.

Information about the use of waterboarding nonetheless began to seep out after a furious internal debate among military lawyers and policymakers over its legality and morality. Once it became public, other members of Congress -- beyond the four that interacted regularly with the CIA on its most sensitive activities -- insisted on being briefed on it, and the circle of those in the know widened.

In September 2006, the CIA for the first time briefed all members of the House and Senate intelligence committees, producing some heated exchanges with CIA officials, including Director Michael V. Hayden. The CIA director said during a television interview two months ago that he had informed congressional overseers of "all aspects of the detention and interrogation program." He said the "rich dialogue" with Congress led him to propose a new interrogation program that President Bush formally announced over the summer

"I can't describe that program to you,"
Hayden said.
"But I would suggest to you that it would be wrong to assume that the program of the past is necessarily the program moving forward into the future.
Waterboarding Used on at Least 3


Waterboarding as an interrogation technique has its roots in some of history's worst totalitarian nations, from Nazi Germany and the Spanish Inquisition to North Korea and Iraq. In the United States, the technique was first used five decades ago as a training tool to give U.S. troops a realistic sense of what they could expect if captured by the Soviet Union or the armies of Southeast Asia. The U.S. military has officially regarded the tactic as torture since the Spanish-American War.

In general, the technique involves strapping a prisoner to a board or other flat surface, and then raising his feet above the level of his head. A cloth is then placed over the subject's mouth and nose, and water is poured over his face to make the prisoner believe he is drowning.

U.S. officials knowledgeable about the CIA's use of the technique say it was used on three individuals -- Khalid Sheikh Mohammed, the alleged mastermind of the Sept. 11, 2001, terrorist attacks; Zayn Abidin Muhammed Hussein Abu Zubaida, a senior al-Qaeda member and Osama bin Laden associate captured in Pakistan in March 2002; and a third detainee who has not been publicly identified.

Abu Zubaida, the first of the "high-value" detainees in CIA custody, was subjected to harsh interrogation methods beginning in spring 2002 after he refused to cooperate with questioners, the officials said. CIA briefers gave the four intelligence committee members limited information about Abu Zubaida's detention in spring 2002, but offered a more detailed account of its interrogation practices in September of that year, said officials with direct knowledge of the briefings.

The CIA provided another briefing the following month, and then about 28 additional briefings over five years, said three U.S. officials with firsthand knowledge of the meetings. During these sessions, the agency provided information about the techniques it was using as well as the information it collected.

Lawmakers have varied recollections about the topics covered in the briefings.

Graham said he has no memory of ever being told about waterboarding or other harsh tactics. Graham left the Senate intelligence committee in January 2003, and was replaced by Rockefeller.

"Personally, I was unaware of it, so I couldn't object,"
Graham said in an interview. He said he now believes the techniques constituted torture and were illegal.

Pelosi declined to comment directly on her reaction to the classified briefings. But a congressional source familiar with Pelosi's position on the matter said the California lawmaker did recall discussions about enhanced interrogation. The source said Pelosi recalls that techniques described by the CIA were still in the planning stage -- they had been designed and cleared with agency lawyers but not yet put in practice -- and acknowledged that Pelosi did not raise objections at the time.

Harman, who replaced Pelosi as the committee's top Democrat in January 2003, disclosed Friday that she filed a classified letter to the CIA in February of that year as an official protest about the interrogation program. Harman said she had been prevented from publicly discussing the letter or the CIA's program because of strict rules of secrecy.

"When you serve on intelligence committee you sign a second oath -- one of secrecy,"
she said.
"I was briefed, but the information was closely held to just the Gang of Four. I was not free to disclose anything."

Roberts declined to comment on his participation in the briefings. Rockefeller also declined to talk about the briefings, but the West Virginia Democrat's public statements show him leading the push in 2005 for expanded congressional oversight and an investigation of CIA interrogation practices.
"I proposed without success, both in committee and on the Senate floor, that the committee undertake an investigation of the CIA's detention and interrogation activities,"
Rockefeller said in a statement Friday.

Sen. John McCain (R-Ariz.), a former Vietnam War prisoner who is seeking the GOP presidential nomination, took an early interest in the program even though he was not a member of the intelligence committee, and spoke out against waterboarding in private conversations with White House officials in late 2005 before denouncing it publicly.

In May 2007, four months after Democrats regained control of Congress and well after the CIA had forsworn further waterboarding, four senators submitted written objections to the CIA's use of that tactic and other, still unspecified "enhanced" techniques in two classified letters to Hayden last spring, shortly after receiving a classified hearing on the topic. One letter was sent on May 1 by Sen. Russell Feingold (D-Wis.). A similar letter was sent May 10 by a bipartisan group of three senators: Dianne Feinstein (D-Calif.), Chuck Hagel (R-Neb.) and Ron Wyden (D-Ore.).

In a rare public statement last month that broached the subject of his classified objections, Feingold complained about administration claims of congressional support, saying that it was "not the case" that lawmakers briefed on the CIA's program "have approved it or consented to it."

Staff writers Josh White and Walter Pincus and staff researcher Julie Tate contributed to this report.


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