Yes, A Call From A Member’s Office Was
Intercepted
By
Former Rep. Dennis Kucinich (D-Ohio)
March 22, 2017 "Information
Clearing House"
- "The
Hill"
-
An
open letter to members of Congress
Dear Colleague,
I
have evidence that a telephone
conversation, which took place in my
congressional office in the spring of
2011, regarding an issue before the
Congress of an urgent matter of
international importance, was
intercepted.
I
had been working to stop an illegal
attack on Libya, without congressional
authorization, using the War Powers Act
to force a debate and a decision in the
Congress to end U.S. involvement there.
After having witnessed the destruction
of Iraq based on misinformation and
lies, I was determined to try to stop
America from getting mired in another
foreign policy quagmire.
The conversation with Saif al-Islam
Gadhafi, son of Libyan leader Moammar
Gadhafi, occurred after consulting with
attorneys in the House General Counsel’s
office who assured me that under Article
I, Section 6 of the Constitution, a
conversation with a foreign leader was
permitted, pursuant to the right of
members of Congress to gather
information.
Gadhafi reached out to me after repeated
calls he made to the White House and to
the State Department were spurned. His
government did not understand why it was
being attacked since it had reached an
agreement with the Bush administration
and that those attempting to overturn
his government were, in fact, a criminal
element.
Saif, concerned about being hit by a
drone attack, used a one-time only
“burner” phone to contact my office. If
the call was nevertheless picked off in
Libya, I have been told by several
intelligence sources that once it is
determined that a member of Congress is
involved in a conversation, the
interception is to be discontinued.
In
this case, a tape of the conversation
was leaked to the Washington Times in
2015. Investigative reporters for the
Times played the tape for me. I
authenticated it.
In
May of 2012, unaware that any
surveillance had taken place, I sent
routine Freedom of Information Act (FOIA)
requests to all intelligence agencies. A
reply from the director of national
intelligence (DNI) received three years
later proves that office was actively
attempting to defeat the bipartisan
effort aimed at stopping an attack on
Libya.
According to information from the FOIA
response, the DNI used resources to
lobby against the legislation,
contacting members of the House Armed
Services Committee and the House Foreign
Affairs Committee.
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The DNI’s involvement succeeded in
delaying the legislation. The Republican
leadership brought forth a substitute,
which passed, and scuttled our efforts
to stop the war.
The office of the director of national
intelligence had a stake in the outcome
since the Libya attack was justified, in
part, based on intelligence the agency
provided the executive branch. What
makes this egregious is that the Libyan
attack turned out to be the unmitigated
disaster, which I and other members
predicted.
Our ambassador to Libya and three other
Americans defending his compound were
killed and the black flag of al Qaeda
soon flew over the municipal building in
Benghazi. It turned out that no credible
intelligence existed which justified the
attack on Libya. The full responsibility
and failure was squarely with the Obama
administration and the intelligence
agencies.
Five years since my FOIA requests, a
number of agencies, including the DNI,
have yet to fully respond. One
submission to the CIA, still not
answered, was delayed three years
because the agency misspelled my name.
Members of Congress are entitled to know
the extent to which the executive branch
covertly tracks their activities, and
the manner and methods used. In this
regard it is important to remember that
the CIA admitted to hacking the
computers of the Senate Intelligence
Committee.
Agencies engage in interminable delays
in producing information so as to
interfere with congressional action,
frustrate congressional oversight and
mislead members of Congress.
I
would advise my former colleagues to be
aware that their phone conversations,
while protected by the Constitution, may
not be protected from intelligence
agencies’ covert practices.
It
would be wise to FOIA all intel agencies
to see who has been watching, or
listening in.
Considering the disaster of Iraq and
Libya, and the failure of the intel
agencies, Congress must reassert its
Constitutional authority over matters of
war, insist on its prerogatives as a
co-equal branch of government and demand
accountability on foreign policy. There
should be severe penalties for the top
executives of any intel agency found
spying on Congress.
The sanctity of the Constitution, the
independence of Congress and the freedom
of the American people are at stake.
Kucinich served in Congress from 1997 to
2013.
©2017 Capitol Hill Publishing Corp.
