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Reprinted from Consortium News
"CIA may revamp how it is organized" announced a front-page Washington Post headline leading into an article based on remarks by unnamed "U.S intelligence officials" to the Post's Greg Miller. The anonymous officials were authorized to share some of the contents of a Sept. 24 letter from CIA Director John Brennan to CIA staff, in which Brennan says, "The time has come to take a fresh look at how we are organized as an agency."
On Brennan's orders, senior agency officials were put to work on what Miller reported would be "among the most ambitious [reorganizations] in CIA history." But Miller's sources emphasized that the activity was in its preliminary stages and that no final decisions had been made; the proposed changes might be scaled back or even discarded.
A New York Times article on Friday by Mark Mazzetti and Carl Hulse described a Donnybrook at the White House on Thursday, with Senate Democrats accusing White House Chief of Staff Denis McDonough of acquiescing in CIA attempts to redact the report so thoroughly that its conclusions would be undermined.
The Democratic members of the Senate intelligence Committee are said to be in high dungeon. But some may have mixed feelings about release of the report because it would surely reflect poorly on their own failures as congressional "overseers" of the CIA.
Recent press reporting would have us believe that the main bone of contention revolves around if and how to use pseudonyms of CIA officers involved in torture, though that seems implausible since there are obvious workarounds to that concern. In past cases, for instance the Iran-Contra report, numbers were used to conceal actual identities of entities that were deemed to need protection.
Ex-CIA General Counsel Spilled the Beans
Hat tip to the New Yorker's Jane Mayer, who took the trouble to read the play-by-play of testimony to the Senate Intelligence Committee by former CIA General Counsel (2009-2013) Stephen W. Preston, nominated (and now confirmed) to be general counsel at the Department of Defense.
Under questioning by Sen. Mark Udall, D-Colorado, Preston admitted outright that, contrary to the CIA's insistence that it did not actively impede congressional oversight of its detention and interrogation program, "briefings to the committee included inaccurate information related to aspects of the program of express interest to Members."
That "inaccurate information" apparently is thoroughly documented in the Senate Intelligence Committee report, which, largely because of the CIA's imaginative foot-dragging, cost taxpayers $40 million. Udall has revealed that the report (which includes 35,000 footnotes) contains a very long section titled "C.I.A. Representations on the C.I.A. Interrogation Program and the Effectiveness of the C.I.A.'s Enhanced Interrogation Techniques to Congress."
Preston also acknowledged that the CIA inadequately informed the Justice Department on interrogation and detention. He said, "CIA's efforts fell well short of our current practices when it comes to providing information relevant to [the Office of Legal Counsel]'s legal analysis."
As Katherine Hawkins, the senior investigator for last April's bipartisan, independent report by the Constitution Project's Task Force on Detainee Treatment, noted in an Oct. 18, 2013 posting, the memos from acting OLC chief, Steven Bradbury, relied very heavily on now-discredited CIA claims that "enhanced interrogation" saved lives, and that the sessions were carefully monitored by medical and psychological personnel to ensure that detainees' suffering would not rise to the level of torture.
There's more. According to the Constitution Project's Hawkins, Udall complained -- and Preston admitted -- that, in providing the materials requested by the committee, "the CIA removed several thousand CIA documents that the agency thought could be subjected to executive privilege claims by the President, without any decision by [Barack] Obama to invoke the privilege."
Worse still for the CIA, the Senate Intelligence Committee report apparently destroys the agency's argument justifying torture on the grounds that there was no other way to acquire the needed information save through brutalization. In his answers to Udall, Preston concedes that, contrary to what the agency has argued, it can and has been established that legal methods of interrogation would have yielded the same intelligence.
Sen. Udall has been persistent in trying to elicit the truth about CIA torture, but has failed. Now that he has lost his Senate seat in the November elections, he has the opportunity to do what Sen. Feinstein is too afraid to do -- invoke a senator's Constitutional right to immunity by taking advantage of the "speech or debate clause" to read the torture report findings into the record, a tactic used most famously by Sen. Mike Gravel in 1971 when he publicly read portions of the Pentagon Papers.
Sen. Udall has said he would consider doing something along those lines with the torture report, and that is precisely what is needed at this point. It remains to be seen whether Udall will rise to the occasion or yield to the fear of ostracism from the Establishment.