Sen. Dianne Feinstein (D-Calif.), the chair of the Senate intelligence committee, kicked off a Washington kerfuffle with significant constitutional implications when she took to the Senate floor on Tuesday to accuse the CIA of spying on her committee's investigation into its controversial interrogation and detention program. As pro-CIA partisans and the agency's overseers on Capitol Hill squared off for a DC turf battle -- with finger-pointing in both directions -- lost in the hubbub was a basic and troubling fact: Feinstein had contended that this all began because, years ago, the spies of Langley had severely misled the legislators responsible for overseeing the intelligence agencies.
At the start of her speech, Feinstein laid out the back story, and her account is a tale of a major CIA abuse. The CIA's detention and interrogation (a.k.a. torture) program began in 2002. For its first four years, the CIA only told the chairman and vice-chairman of the Senate intelligence committee about the program, keeping the rest of the panel in the dark. In September 2006, hours before President George W. Bush was to disclose the program to the public, then CIA Director Michael Hayden informed the rest of the committee. This piece of history shows the limits of congressional oversight. If only two members of the committee were informed, it meant that the panel could not provide full oversight of this program. But keeping secrets from legislators -- even members of the intelligence committee -- is not that unusual, and the story gets worse.
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