Speaking in reference to revelations that the CIA searched computers being used by Senate staffers, and removed documents those staffers had received from the CIA detailing its post-9/11 torture program, Senate Intelligence Committee Chairman Dianne Feinstein said:
I have grave concerns that the CIA’s search may well have violated the separation of powers principles embodied in the United States Constitution, including the Speech and Debate Clause. It may have undermined the constitutional framework essential to effective congressional oversight of intelligence activities.
[CIA actions] may also have violated the Fourth Amendment, the Computer Fraud and Abuse Act, as well as Executive Order 12333, which prohibits the CIA from conducting domestic searches or surveillance.
We will bypass for now the hypocrisy of Feinstein complaining that her own Fourth Amendment rights were trod upon, given that she has until now enthusiastically supported the government’s rape of our own rights through unwarranted surveillance. There are bigger fish to fry this round.
As almost a side note, it is very clear now that there are things in those deleted CIA files that the CIA and the White House are willing to go to extraordinary lengths to hide. Recall that the CIA destroyed without punishment or sanction video tapes of the torture sessions.
Feinstein said “The interrogations and the conditions of confinement at the CIA detentions sites were far different and far more harsh than the way the CIA had described them to us” and emphasized that her committee’s report would detail “the horrible details of the CIA program that never, never, never should have existed.”
It is likely the files the CIA pulled out of the Senate’s hands would reveal two presidents have lied to the world about the torture program, and that horrors beyond what we know were committed in our names. What did they do to other humans?
But we are past the question of torture. What is happening here is a Constitutional crisis. If Feinstein does not have CIA Director Brennan up before her Senate committee immediately, and if she does not call for his resignation and if the president remains silent (“We need to allow Justice to complete its investigation”) then we have witnessed the essential elements of a coup; at the very least, the collapse of the third of the government charged with oversight of the executive.
That oversight– those Constitutional checks and balances– are the difference between a democracy and a monarchy. They are what contains executive power and makes it responsible to the People. But like Jenga, pull out the important one and the whole thing falls.
A Last Question
The only question remaining then is whether the president is part of the coup, or another victim of it. Is he in charge, or are the intelligence agencies? We may have an answer soon. CIA Director Brennan said:
If I did something wrong, I will go to the president and I will explain to him what I did and what the findings were. And he is the one who can ask me to stay or to go.
So far, the White House response has been to ignore the challenge:
President Obama has “great confidence” in Brennan, Carney said during his daily briefing. He added that if there has been any “inappropriate activity,” the president “would want to get to the bottom of it.”
Carney added later Obama administration lawyers were told about the CIA’s intentions to have the Department of Justice investigate Senate staffers for potentially stealing classified documents they sought to hold on to after the CIA tried to delete them but did not approve or weigh in on the agency’s decision. One must ask: why the f*ck not?
Brennan has challenged the president to act. What the president does will tell us much about the future of our democracy. As radio host Guillermo Jimenez has said, “On this Grand Chessboard, it is We the People who are now in check. It’s our move.”
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