That last
recommendation seems to stem from
one of the findings from the report
that “CIA impeded effective White
House oversight and
decision-making.”
The report supported
that claim with some interesting
details: “no CIA officer, up to and
including CIA Directors George Tenet
and Porter Goss, briefed the
president on the specific CIA
enhanced interrogation techniques
before April 2006,” the summary
findings claimed. Secretary of State
Colin Powell and Secretary of
Defense Donald Rumsfeld, “both
principals on the National Security
Council – were not briefed on
program specifics until September
2003,” it added, in part because
Powell would have “blown his stack”
had he learned CIA was using
torture. CIA even gave inaccurate
information at a July 29, 2003,
Principals Committee meeting where
Bush’s top aides reauthorized
torture.
These
details would seem to support the
case that the the White House and
NSC were letting CIA run wild
torturing people. Until you note
that the summary language makes it
clear the White House itself decided
to keep the torture program hidden
from Powell. Or you read the fine
print that describes how White House
counsel Alberto Gonzales first
eliminated any mention of
waterboarding from talking points
that would be used to brief the
president. Then someone — the report
doesn’t say who — informed “‘Dr.
Rice … that there would be no
briefing of the President on this
matter,’ but that [CIA Director
George Tenet] had policy approval to
employ the CIA’s enhanced
interrogation techniques.” That is,
some select members of the Cabinet
and the president may have been
insulated from briefings on the
specifics of the torture (though in
his memoir, President Bush disputes
even this claim), but that was all
driven by White House decisions to
keep them in the dark.
Moreover, the
story the Torture Report presents of
a White House entirely insulated
from the gruesome details of torture
rests on the Senate Intelligence
Committee’s own willingness to
remain in the dark.
During the course
of the study, CIA withheld (or stole
back) 9,000 documents they said
involved White House equities.
Feinstein’s committee never demanded
the CIA turn over those documents,
nor even requested the White House
formally invoke executive privilege
over them. In other words, the
Senate Intelligence Committee
allowed itself to remain ignorant
about just how ignorant the White
House and NSC really were about
torture.
The Senate
report did not even cite from the Department
of Justice’s Office of Professional
Responsibility’s report on John
Yoo’s role in authorizing torture,
which showed he consulted with
Alberto Gonzales and Vice President
Cheney counsel David Addington at
key moments when writing the torture
memos (something that the House
Judiciary Committee had questioned
both Yoo and Addington about in
2008). Addington’s appearance at
that hearing was notable for the discussion of
whether the Office of the Vice
President was a “barnacle branch” of
government immune from congressional
oversight. “Congress lacks the
constitutional power to regulate by
a law what a Vice President
communicates in the performance of
the Vice President’s official
duties,” Addington presented in
a letter to the committee. But he
did at least show up and dodge
questions about his role in torture.
All jokes
about barnacle branches aside, the
Bush White House’s unwillingness to
provide — and the Senate
Intelligence Committee’s failure to
obtain — more information about
White House involvement in torture
illustrates the problem with
Feinstein’s recommendation (after
she lost most of her power to force
the issue) that the White House
exercise more oversight over covert
operations. Covert operations in
general — and covert
operations authorized by the
Presidential Authorization used for
torture in particular – are
about deniability. After 9/11, CIA
worked together with the White House
to craft a programmatic “Finding”
authorizing a range of
counterterrorism policies that would
give CIA significant flexibility in
implementing those policies, while
giving the White House enhanced
deniability about their conduct.
The White House
used that “finding” not just to
authorize torture, but also to
authorize CIA’s drone-killing of top
al-Qaida officials, a policy Obama
expanded. While public reports have claimed that
drone strikes were micromanaged by
Obama’s NSC — more particularly, by
current CIA Director John Brennan —
they still suffered from some of the
same problems of accountability that
torture did, especially false claims
about results. That happened under
Feinstein’s tenure at the
Intelligence Committee.
So while it’s nice
to recommend — after losing the
ability to force the issue — that
the president make sure his White
House exercises more oversight over
covert operations, decades of
history, and Sen. Feinstein’s own
tenure as Intelligence Committee
chair, suggest that’s not the way it
works. So long as the president
is permitted to demand vast powers
to authorize covert operations with
whatever oversight it deigns
to accept from the Intelligence
Committee, we will continue to have
botched, ill-considered and
egregious covert ops. That’s the
nature of barely checked executive
power.
Which means
Feinstein’s recommendations may
serve to accurately assess the
symptoms of what went wrong with
torture — and many other covert
operations — but do little to
address the underlying power
structures that will permit such
atrocities from happening in the
future.