Spying, Lying, and Saying No
by
Tom Engelhardt
and Thomas Powers
by Tom Engelhardt and
Thomas Powers
On the day
that Ayman
al-Zawahiri appeared in his nine thousandth video from
assumedly the remarkably technologized wilds of the Afghan-Pakistan
border region, mocking President Bush for a botched Predator-drone
missile attempt on his life, another article caught my eye. In a
piece in the Los Angeles Times, headlined CIA
Expands Use of Drones in Terror War, Josh Meyer reported: "Despite
protests from other countries, the United States is expanding a
top-secret effort to kill suspected terrorists with drone-fired
missiles as it pursues an increasingly decentralized Al Qaeda, U.S.
officials say." These high-tech, long-distance "targeted killings"
from the air they used to be called "assassinations" and
Chris
Dickey of Newsweek files them away under the rubric of
"boys with toys" turn out, like acts of torture, to be staggeringly
counterproductive. This particular one, which reportedly killed
a number of women and children, shook the regime of Pakistani military
strong man and U.S. ally Pervez Musharraf.
Like National
Security Agency warrantless spying on U.S. citizens, the waterboarding
of captives, and so many other actions of this administration, such
assassination attempts rely on the shakiest and most dubious of
legal findings produced more or less out of thin air. In fact, thanks
to a recent Newsweek investigative piece, Palace
Revolt by Daniel Klaidman, Stuart Taylor Jr. and Evan Thomas,
we know a good deal more about just how thin that air was. As they
report, with the President, Vice President, Secretary of Defense
Donald Rumsfeld, and CIA director George Tenet convinced that the
9/11 attacks "and the threat of more and worse to come were
perfect justification for unleashing the CIA and other long-blunted
weapons in the national security arsenal," all that was needed was
"legal cover, so [the CIA] wouldn't be left holding the bag if things
went wrong."
Here's where
what we now know as the "unitary
executive theory," the idea of an unfettered presidency in which
George Bush would be commander-in-chief not just of the military
but of all us, came into play. As the three reporters describe the
process, David Addington, then the Vice President's legal counsel
(now his chief of staff), fearing opposition within the bureaucracy,
"came up with a perfect solution: cut virtually everyone else out."
Thus, a legal cabal supported the Rumsfeld/Cheney "cabal"
former Colin Powell Chief of Staff Lawrence Wilkerson has written
about so vehemently.
In this way,
a wide-ranging legal justification for the President's right to
do whatever he cared to do as long as we were "at
war" burst from the fevered brows of a few top officials and
a small group of administration lawyers. From the point of view
of my own fevered brow, a single institutional law seems to apply
to the administration's subsequent efforts: Always expand. All programs
involving the secret powers of the president to torture,
imprison, create prison networks globally, assassinate, spy on citizens
and others, or generally involve the military in civilian life
started from modest seeds and simply grew and grew without bounds
or even any particular relationship to their efficacy. Take the
Pentagon's three-year-old Counterintelligence Field Activity or
CIFA.
Initially a small office charged with "protecting military facilities
and personnel," it now has nine directorates, a staff of 1,000,
a large secret budget, and a full-scale secret spying program, code-named
Talon, that reported as a "national security threat" ten peace activists
"who
handed out peanut butter and jelly sandwiches outside Halliburton's
headquarters in Houston in June 2004." The same could be said of
CIA secret prisons, NSA
domestic spying operations, or the new U.S. Northern Command
that the administration set up in 2002.
Thomas Powers,
author of Intelligence
Wars: American Secret History from Hitler to al-Qaeda, explores
the meaning of the recent NSA spying scandal below in fascinating
detail and the abject failure of Congress (or the American public)
to rein in this administration. As he writes trenchantly, "In public
life as in kindergarten, the all-important word is no." It's clear
that the expansion of secret (and not so secret) "war time" powers
offered proved a heady, addictive experience for top officials of
this administration. (Where's Nancy Reagan and her "just say no"
program when we need them most?) Powers' superb essay will be running
in the February 23 issue of the New
York Review of Books just now heading toward the newsstands.
It appears here as an on-line exclusive thanks to the kindness of
that magazine's editors. ~ Tom
The Biggest
Secret
By Thomas Powers
A
Review of State
of War: The Secret History of the CIA and the Bush Administration
by James Risen.
1
The challenges
posed to American democracy by secrecy and by unchecked presidential
power are the two great themes running through the history of the
Iraq war. How long the war will last, who will "win," and what it
will do to the political landscape of the Middle East will not be
obvious for years to come, but the answers to those questions cannot
alter the character of what happened at the outset. Put plainly,
the President decided to attack Iraq, he brushed caution and objection
aside, and Congress, the press, and the people, with very few exceptions,
stepped back out of the way and let him do it.
Explaining
this fact is not going to be easy. Commentators often now refer
to President Bush's decision to invade Iraq as "a war of choice,"
which means that it was not provoked. The usual word for an unprovoked
attack is aggression. Why did Americans elected representatives
and plain citizens alike accede so readily to this act of
aggression, and why did they question the President's arguments
for war so feebly? The whole business is painfully awkward to consider,
but it will not go away. If the Constitution forbids a president
anything it forbids war on his say-so, and if it insists on anything
it insists that presidents are not above the law. In plain terms
this means that presidents cannot enact laws on their own, or ignore
laws that have been enacted by Congress.
The Foreign
Intelligence Surveillance Act of 1978 is such a law; it was enacted
to end years of routine wiretapping of American citizens who had
attracted official attention by opposing the war in Vietnam. The
express purpose of the act was to limit what presidents could ask
intelligence organizations to do. But for limits on presidential
power to have meaning Congress and the courts must have the fortitude
to say no when they think no is the answer.
In public
life as in kindergarten, the all-important word is no. We are living
with the consequences of the inability to say no to the President's
war of choice with Iraq, and we shall soon see how the Congress
and the courts will respond to the latest challenge from the White
House the claim by President Bush that he has the right to
ignore FISA's prohibition of government intrusion on the private
communications of Americans without a court order, and his repeated
statements that he intends to go right on doing it.
Nobody was
supposed to know that FISA had been brushed aside. The fact that
the National Security Agency (NSA), America's largest intelligence
organization, had been turned loose to intercept the faxes, e-mails,
and phone conversations of Americans with blanket permission by
the President remained secret until the New York Times reporters
James Risen and Eric Lichtblau learned over a year ago that it was
happening. An early version of the story was apparently submitted
to the Times' editors in October 2004, when it might have
affected the outcome of the presidential election. But the Times,
for reasons it has not clearly explained, withheld the story until
mid-December 2005 when the newspaper's publisher and executive editor
Arthur Sulzberger Jr. and Bill Keller met with President
Bush in the Oval Office to hear his objections before going ahead.
Even then certain details were withheld.
What James
Risen learned in the course of his reporting can be found in his
newly published book State
of War: The Secret History of the CIA and the Bush Administration,
a wide-ranging investigation of the role of intelligence in the
origins and the conduct of the war in Iraq. Risen contributes much
new material to our knowledge of recent intelligence history. He
reports in detail, for example, on claims that CIA analysts quit
fighting over exaggerated reports of Iraqi weapons of mass destruction
as word spread in the corridors at Langley that the President had
decided to go to war no matter what the evidence said; that the
Saudi government seized and then got rid of tell-tale bank records
of Abu Zubaydah, the most important al-Qaeda figure to be captured
since September 11; and that "a handful of the most important al
Qaeda detainees" have been sent for interrogation to a secret prison
codenamed "Bright Light." One CIA specialist in counterterror operations
told Risen, "The word is that once you get sent to Bright Light,
you never come back."
Digging out
intelligence history is a slow process, resisted by officials at
every step of the way, and Risen's work will be often quoted in
future accounts of the Iraq war. But nothing else in Risen's book
rivals the NSA story in importance, revealing that the President
not only authorized the NSA to eavesdrop on Americans without seeking
court orders, but to listen in a new way, by intercepting a large
volume of communications among categories of people, and then analyzing
or "mining" the data in those calls for suspicious patterns that
might offer "potential evidence of terrorist activity."
"This is the
biggest secret I know about," one official told Risen. The eavesdropping
effort is technically known as a "special access program" (SAP),
which means that its existence and the information it collects are
both tightly held. Within the government, Risen tells us, witting
officials referred to it simply as "the program," and even the legal
opinions justifying it are classified. Risen traces the origins
of the program back to the brief war that overthrew the Taliban
government in Afghanistan and resulted in the capture of many al-Qaeda
suspects along with their cell phones and computers. These suspects
had been calling and e-mailing people throughout the world, many
of whom, inevitably, were in the United States, raising understandable
fears of new terrorist attacks. But according to Risen, the NSA
does not limit itself to monitoring numbers provided by the CIA
from captured al-Qaeda phone books, targets for which there is some
degree of "probable cause" to think they might be terrorist-connected.
Those phone numbers provide only the jumping-off point for the program.
The NSA has since broadened its effort by establishing "its own
internal checklist" to pinpoint phone numbers and addresses of interest,
and it is likely that the items on the list are checked off by a
computer program in a nanosecond, not by analysts exercising deliberate
judgment.
How big is
the target list? At any given moment, Risen believes, the NSA may
be "eavesdropping on as many as five hundred people in the United
States...." But his number of five hundred should not be interpreted
as an outer limit. The actual volume of intercepted calls is almost
certainly a very great deal larger, going beyond communications
between known, named persons. Modern eavesdropping seldom mirrors
the classic wiretap of yesteryear when FBI agents with earphones
might record hundreds of hours of a Mafia chief chatting with his
underboss in New York's Little Italy. The idea now is to see if
anyone on the phone in New York or New Jersey sounds in any way
like a Mafia chief. A dinner of linguine with clams in a known Mafia
hangout could be enough to warrant a further look. The al-Qaeda
phone book numbers were the crack in the door; follow-up targets
are simply numbers or e-mail addresses, leading to other numbers
and e-mail addresses, all plucked from the torrents of traffic transmitted
by the switching systems of the major American telecommunications
companies, which daily handle two billion phone calls and perhaps
ten times as many e-mail messages. What Risen discovered, in short,
was a program best described as "big."
2
Under existing
law the NSA should have sought permission from the secret FISA court
in Washington before listening in on the communications of any "US
persons" basically, American corporations, citizens, and
others lawfully inside the United States who had turned up
in al-Qaeda phone books and directories. The law makes provision
for emergencies: if investigators feel they don't have time for
legal rigmarole they can act first and then seek permission within
the following three days. This was not done. President Bush insisted
on New Year's Day that "This is a limited program... it's limited
to calls from outside the United States to calls within the United
States. But they are of known numbers of known al-Qaeda members
or affiliates." But it seems clear that the NSA program quickly
spilled beyond its original limits; the real reason for ignoring
the FISA courts is probably a savvy guess that the courts would
not approve what the administration wants to do.
Listening
to specific persons was only part of it, and not the greater part.
What Risen learned, which has been backed up by other press accounts
in recent weeks, is that the counterterror investigators from the
beginning wanted to cast the net wide to listen to all the
people in the al-Qaeda phone books, and then broaden their search
to the still wider circle of people the phone book names were in
touch with, and go on to check out all their contacts as well. If
the first generation of targets numbered a hundred, let's say, and
each of them had been talking to a hundred people in a second generation
of targets, then even a third generation search could easily sweep
up a million people. You can see why investigators desperate to
prevent any repetition of the attacks of September 11 would have
favored this rapid and wide casting of the net, but that sort of
industrial-scale fishing expedition is exactly what the FISA courts
were established to prevent.
In the days
after the Risen-Lichtblau story first appeared President Bush, Attorney
General Alberto Gonzales, the head of the NSA at the beginning of
the program, General Michael Hayden, and others all defended the
program as urgent, successful, justified by acts of Congress and
the President's powers under the constitution, sharply limited in
scope, approved by members of Congress who had been briefed on the
program, and carefully managed to protect the civil liberties and
other rights of Americans.
"The whole
key here is agility," said General Hayden.
"What we're
trying to do is learn of communications, back and forth, from within
the United States to overseas members of al-Qaeda," said Gonzales.
"That's what this program is about. This is not about wiretapping
everybody. This is about a very concentrated, very limited program
focused on gaining information about our enemy."
"Dealing with
al-Qaeda is not simply a matter of law enforcement," President Bush
said in a press conference on December 19.
"It
requires defending the country against an enemy that declared war
against the United States.... So, consistent with US law and the
Constitution, I authorized the interception of international communications
of people with known links to al-Qaeda and related terrorist organizations....
Leaders in the United States Congress have been briefed more than
a dozen times on this program.... I've reauthorized this program
more than 30 times since the September the 11th attacks, and I intend
to do so for so long as... the nation faces the continuing threat...."
The President's
carefully worded statement casts a troubling new light on his insistence
that we are fighting a "war on terror" and that he is a "wartime
president." Constitutional lawyers have long argued about the limits
of presidential or executive power, but all agree that the limits
are more elastic in wartime, and it is increasingly evident that
the Bush administration has treated this distinction as a barn door.
The shock caused by the revelation of the NSA program is not centered
on concern for the civil liberties of al-Qaeda terrorists but on
the scale, still unknown, of the eavesdropping authorized by the
President; on his refusal to use the courts or seek any change in
the governing laws; and on his blanket claim that Article Two of
the Constitution gives him, as president and commander in chief
of the armed forces, both the responsibility for defending the country
and "the authority necessary to fulfill it."
Even some
Republican leaders find this broad claim troubling. Senator Arlen
Specter, chairman of the Senate's Judiciary Committee, has announced
that he will hold hearings on the NSA program. "I am skeptical of
the attorney general's citation of authority, but I am prepared
to listen," he said in December. "You can't have the administration
and a select number of members [of Congress, those briefed by the
White House] alter the law. It can't be done."
In an interview
with Fox News on January 19, Vice President Dick Cheney said such
briefings "have occurred at least a dozen times. I presided over
most of them." One of those briefings, possibly the first, was held
in Vice President Cheney's office on July 17, 2003, four months
after the American invasion of Iraq and a year after the NSA program
began. Present were Representatives Jane Harman and Porter Goss,
now the director of the CIA; and Senators Pat Roberts and John D.
Rockefeller. Briefing them were Goss's predecessor at the CIA, George
Tenet, and General Hayden of the NSA. There has been no published
account of what the members of Congress were told about the nature,
rationale, justification, and scale of the program. They were neither
permitted to take notes nor to discuss what they heard with any
other persons. Far from feeling that the administration had fulfilled
its obligations under existing law, Senator Rockefeller handwrote
a brief letter to Cheney the same day
"to
reiterate my concern regarding the sensitive intelligence issues
we discussed today.... Clearly, the activities we discussed raise
profound oversight issues.... Given the security restrictions associated
with this information, and my inability to consult staff or counsel
on my own, I feel unable to fully evaluate, much less endorse these
activities. As I reflected on the meeting today, and the future
we face, John Poindexter's TIA project sprung to mind, exacerbating
my concern...."
TIA stands
for Total Information Awareness, an intelligence program conceived
in the Pentagon's Defense Advanced Research Projects Agency (DARPA)
in the year following the attacks of September 11. It was designed
to collect and exploit digital records of all kinds from private
and public compilers of information phone records, bank records,
credit card records, police records, medical records, travel records
basically everything that is recorded about individuals.
Running the program was John Poindexter, a former Navy admiral and
national security advisor under President Reagan who had been indicted
and convicted on seven felony charges during the Iran-contra investigation
in the early 1990s, convictions later overturned on appeal. When
the New York Times first published a description of TIA in
December 2002, the fact that Poindexter was running it proved a
fatal debility, and in September 2003 Congress killed funding for
the Pentagon's Information Awareness Office.
But Poindexter's
retirement and the end of the IAO did not extinguish official hopes
for "data-mining," a computer-intensive approach to finding meaning
in apparently random patterns. This, in fact, is basically what
the NSA has always done collect communications from targets
of interest and attack them with "tools," which are basically computer
programs that seek patterns in apparently random letter and number
groups. Data-mining seeks patterns in random actions buying,
selling, check-writing, getting on planes, and so on rather
than in the numbers and letters that make up codes. Data-mining
is not a way to find out what persons of interest have been up to;
it is a way to identify persons of interest among the general population
persons, in short, who have not been detected doing anything
that might convince a judge on the FISA court to issue a warrant
for surveillance. Checking out US persons contacted by al-Qaeda
would have raised no red flags with FISA judges; the larger and
more significant part of the program uncovered by James Risen
the part which the administration did not want to describe to the
FISA court or to members of Congress who could have amended the
law; the part, in fact, which the administration still hopes to
keep secret and continue is the use of data-mining techniques
by the NSA to do what Congress refused to allow Poindexter and the
Pentagon to do. And that is to generate large numbers of names
not dozens, thousands for the FBI to investigate.
John Poindexter
and Total Information Awareness were one bell that rang loudly in
the mind of Senator Rockefeller after his briefing in Cheney's office.
It is probable that another has rung since the testimony
of John Bolton during his confirmation hearings last summer to be
U.S. ambassador to the UN, when he said that on ten occasions he
had formally asked the NSA to identify the "U.S. persons" who had
been party to, or perhaps only mentioned in, communications intercepted
by the agency and included in reports distributed to others in the
government. The fight over the administration's refusal to identify
the nineteen persons who aroused Bolton's curiosity in those ten
communications was one reason President Bush abandoned efforts to
force a Senate vote and instead made an interim appointment of Bolton
to the UN post while Congress was in recess. But the argument while
it continued jarred loose additional information about the scale
of NSA activity for example, the State Department's admission
that Bolton's colleagues had made over four hundred requests for
the identities of U.S. persons in NSA reports; that the NSA had
been asked as many as 3,500 times by other agencies to fill in the
names of U.S. persons, and that the total number of names provided
to other agencies was greater than 10,000.
Who are these
people? Some of them were probably included in a database of 1,519
"suspicious incidents" compiled by the Pentagon's Counterintelligence
Field Activity, an office charged with defending military bases,
according to a report broadcast by NBC a few days before the original
New York Times story on the NSA program. On examination,
the Pentagon's "suspicious incidents" were simply public protests
of the sort watched, photographed, investigated, and wiretapped
during the Vietnam War under the program that led to the enactment
of FISA twenty-five years ago. At that time the Pentagon's database
had ballooned to 18,000 names.
Of the numerous
questions facing investigators for the Judiciary Committee the easy
ones will concern the legality of the program. It was patently illegal
under FISA and the only argument for letting the President get away
with ignoring FISA is that he is prepared to make a fight of it.
No committee headed by Republicans will do more than chide him on
the law. The questions hardest to answer will be what the NSA actually
did, and whether it served any useful purpose. A recent New York
Times story contradicts the President's claim that the NSA program
was "limited... to known al-Qaeda members or affiliates." Citing
anonymous FBI officials, the Times claimed that the NSA flooded
the bureau with "thousands" of names per month to check out for
possible terrorist connections. Far from being a "vital tool," as
described by President Bush, the program was a distracting time
waster that sent harried FBI agents down an endless series of blind
alleys chasing will-o'-the-wisp terrorists who turned out to be
schoolteachers. And far from saving "thousands of lives," as claimed
by Vice President Dick Cheney in December 2005, the NSA program
never led investigators to a genuine terrorist not already under
suspicion, nor did it help them to expose any dangerous plots. So
why did the administration continue this lumbering effort for three
years? Outsiders sometimes find it tempting to dismiss such wheel-spinning
as bureaucratic silliness, but I believe that the Judiciary Committee
will find, if it is willing to persist, that within the large pointless
program there exists a small, sharply focused program that delivers
something the White House really wants. This it will never confess
willingly.
3
Over the next
few months the White House will be fighting a two-front war to preserve
its secrets one against the Judiciary Committee, as just
described, and a second against the Senate Intelligence Committee,
which has committed itself to a renewed effort to investigate the
administration's drum-beating for war with Iraq by citing scary
reports of Saddam Hussein's weapons of mass destruction reports
that were virtually all wrong, and in some cases were little short
of fabricated.
The committee's
chairman, Senator Pat Roberts, promised before the 2004 presidential
election that "phase two" of its investigation would address the
administration's actual use of the intelligence it received, flawed
as it was. This was something of a minefield. On their face, many
statements by Bush, Cheney, National Security Advisor Condoleezza
Rice, and Secretary of Defense Donald Rumsfeld appeared to go well
beyond even the exaggerated claims made by the CIA. After Bush won
a second term the Republican Roberts not surprisingly dropped "phase
two," saying he no longer saw the point. But in November Senator
Harry Reid, a Democrat on the Senate Intelligence Committee, revived
phase two when he invoked a rarely used parliamentary rule to call
for a secret session of the Senate to discuss new evidence suggesting
that substantial doubts about WMD intelligence had been suppressed
before the war.
Risen found
evidence of that, too. Included in his book is a new account of
a pre-war CIA program conceived by the agency's assistant director
for intelligence collection, Charles Allen, to send Iraqi-Americans
to Baghdad to ask scientist-relatives about WMDs. A chief target
of the new program was Iraq's effort to develop nuclear weapons,
the subject of intense ongoing scrutiny after a son-in-law of Saddam
Hussein defected in mid-1995 to Amman, Jordan, where he described
WMD programs to UN officials. Sawsan Alhaddad, a woman doctor working
and living in Cleveland, was one of about thirty Iraqis dispatched
to Baghdad under this program in late summer 2002. When she returned
in September she told CIA debriefers in a Virginia hotel room that
her brother, an electrical engineer who had joined the Iraqi nuclear
program in the early 1980s, had insisted the nuclear weapons program
was dead, shut down years earlier. The other Iraqis all said the
same thing only months before the US invasion of Iraq in March 2003,
but their reports were bottled up in the CIA.
The agency,
it turns out, had heard the same thing from many sources, including
Hussein's defector son-in-law, General Hussein Kamal, who was fool
enough to return to Baghdad, where he was executed. But before leaving,
Kamal told the UN that Iraq's WMD program, larger and more advanced
than the CIA had believed before the first Gulf War in 1991, had
been closed down
"after
visits of [UN] inspection teams. You have important role in Iraq
with this. You should not underestimate yourself. You are very effective
in Iraq.... All chemical weapons were destroyed. I ordered destruction
of all chemical weapons. All weapons biological, chemical,
missile, nuclear were destroyed.... In the nuclear area, there were
no weapons. Missile and chemical weapons were real weapons. Our
main worry was Iran and they were [intended for use] against them."
Kamal's report,
like Sawsan Alhaddad's and many others, were never cited in the
October 2002 National Intelligence Estimate used to convince Congress
to vote for war. The pattern is clear; evidence of Iraqi WMDs, however
flimsy, was treated like scripture while information contradicting
that evidence, however clear, was bottled up and never left the
building. On three separate occasions, for example, in mid-2001,
mid-2002, and January 2003, just before the war, the CIA asked the
French for their evaluation of the now-infamous reports that Iraq
was trying to buy "yellowcake" uranium ore from Niger. According
to the Los Angeles Times of December 11, 2005, the French
intelligence chief at the time, Alain Chouet, said that the answer
was the same in each instance nothing to it.
The French
were in a position to know; uranium ore in Niger was all mined by
French companies. In mid-2002 the French even told the CIA that
the Italian documents reporting the purchase were forgeries, something
the CIA did not even attempt to examine on its own for another year;
and a few months later, "at about the same time as the State of
the Union address" when the President cited the yellowcake as alarming
evidence of Saddam Hussein's nuclear ambitions, the Italians also
told the Americans that the documents were forgeries. In similar
fashion, claims that Iraq was providing al-Qaeda with training in
the use of poison gases, cited by Secretary of State Colin Powell
at the UN in February 2003, were also contradicted by reports the
CIA had but chose to ignore.
In public
debate it is customary at this point to ask, in a voice of amazed
horror: How could this have happened? Are these intelligence professionals
all community college dropouts? Have they forgotten everything they
learned in spy school? My own view is that inconvenient evidence
that angers policymakers and threatens careers cannot be pushed
under the rug by intelligence officers unless they are fully aware
of each step in the series they know it is evidence, they
know it is inconvenient, they know it will anger policymakers, they
know their careers will be threatened, and they know they are pushing
evidence in the direction of a rug.
James Risen
is not willing to go so far. His book is filled with evidence supporting
this interpretation, but he seems reluctant to embrace it. "[Paul]
Wolfowitz personally complained to Tenet about the CIA's analytical
work on Iraq and al-Qaeda," Risen says in discussing the use of
intelligence to justify the war. Can we be in doubt why Wolfowitz
complained, or why the agency assured Powell that Iraq was training
al-Qaeda, scout's honor? When CIA officers told Tenet the war would
be a mistake, Risen notes, "he would just come back from the White
House and say they are going to do it." Risen sums up Tenet's attitude
thus: "War with Iraq was inevitable, and it was time for the CIA
to do its part." That seems clear enough; surely Risen means that
the agency's part was to help beat the drum for war. But then Risen
swings back, like a man facing snakes on one side and alligators
on the other. Why was the information reported by Sawsan Alhaddad
and the other Iraqis bottled up at the agency? "Petty turf battles
and tunnel vision of the agency's officials" is Risen's first answer.
In the next sentence he braces up, then wilts again:
"...Doubts
were stifled because of the enormous pressure that officials at
the CIA...felt to support the administration. CIA director George
Tenet and his senior lieutenants became so...fearful of creating
a rift with the White House, that they created a climate within
the CIA in which warnings that the available evidence on Iraqi WMD
was weak were either ignored or censored. Tenet and his senior aides
may not have meant to foster that sort of work environment
and perhaps did not even realize they were doing it...."
What can Risen
be thinking? How could they not realize they were doing it? They
were running the place.
Paul Wolfowitz,
the undersecretary of defense, was not the only official to let
the CIA know what he wanted to hear. Rumsfeld set up a special office
in the Pentagon to "re-look" the intelligence on Iraqi WMDs and
then urged Tenet to listen to its findings. Vice President Cheney
crossed the Potomac more than once to ask questions the same
questions, over and over. John Bolton tried to fire resistant analysts
in the State Department's intelligence shop and at the CIA; they
kept their jobs, but who could fail to get the message? Robert Hutchings,
a former chief of the National Intelligence Council, the group that
wrote the October 2002 NIE, described Bolton's way of mining intelligence
reports to come up with the administration's version of the world.
"He took isolated facts and made much more to build a case than
the intelligence warranted," he said. "It was a sort of cherry-picking
of little factoids and little isolated bits that were drawn out
to present the starkest-possible case."
These were
not intellectual exercises; Bolton needed custom-built intelligence
to support the administration's policies. "When policy officials
came back repeatedly to push the same kind of judgments, and push
the intelligence community to confirm a particular set of judgments,"
Hutchings said, "it does have the effect of politicizing intelligence,
because the so-called ‘correct answer' becomes all too clear." Has
the Senate Intelligence Committee got the fortitude to accept the
implications of these facts and many others just like them?
The
systematic exaggeration of intelligence before the invasion of Iraq
and the flouting of FISA both required, and got, a degree of resolution
in the White House that has few precedents in American history.
The President has gotten away with it so far because he leaves no
middle ground cut him some slack, or prepare to fight to
the death. The fact that he enjoys a Republican majority in both
houses of Congress gives him a margin of comfort, but I suspect
that Democratic majorities would be just as reluctant, in the end,
to call him on either count. Americans were ready enough to believe
that one president might lie about a sexual affair; but they balk
at concluding that his successor would pressure others to lie, and
even would utter a few whoppers himself, so he could take the country
to war.
Risen
helps to explain how it was done, but lets it go at that. In his
Fox News interview Vice President Cheney did not give an inch on
the necessity of the NSA spying or of the war itself. "When we look
back on this, ten years hence," he insisted, "we will [see that
we] have fundamentally changed the course of history in that part
of the world." A decade down the road we'll know if Cheney is right
or wrong, and if the change is the one we wanted. The question now
is whether the President could do it all again take the country
to war, and scrap restraints on spying, just as he pleases. The
answer is yes, unless Congress and the courts can say no.
This article
appears in the February 23 issue of the New
York Review of Books.
February
1, 2006
Tom
Engelhardt [send him mail]
is editor of TomDispatch.com,
a project of the Nation
Institute. He
is the author of several books, including The
Last Days of Publishing: A Novel and The
End of Victory Culture. Thomas Powers is a frequent contributor
to the New
York Review of Books and is the author of Intelligence
Wars: American Secret History from Hitler to al-Qaeda; The
Man Who Kept the Secrets; and Heisenberg's
War.
Copyright
© 2006 Thomas Powers
Tom
Engelhardt Archives
|