NATIONAL SECURITY
Bush's Secret Spy Programs

When Congress passed the FISA Amendments Act of 2008 last year, it mandated that the inspectors general of the different branches of the intelligence community that participated in President Bush's surveillance operations, known as the President's Surveillance Program, conduct a comprehensive review of the program. On Friday, the inspectors general released their report, confirming that the Bush administration carried out "unprecedented," massive surveillance activities that stretched beyond the warrantless wiretapping program that had previously been revealed. Soon after the New York Times reported on the existence of a warrantless wiretapping program in 2005, Bush described the effort as his "Terrorist Surveillance Program." But the IG report makes clear that the term describes only one aspect of the overall surveillance program. In 2007, former deputy attorney general James Comey's testimony before Congress implied that "other programs exist for domestic spying" outside warrantless wiretapping, the existence of which then-attorney general Alberto Gonzales acknowledged in 2007. In constructing the legal rationale for the "Other Intelligence Activities," Office of Legal Counsel (OLC) lawyer John Yoo "did not accurately describe the scope" of the activities, which led former attorney general John Ashcroft to give "his legal authorization to the program for the first two and a half years based on a 'misimpression' of what activities the N.S.A. was actually conducting." The report found that the administration's "extraordinary and inappropriate" secrecy around the program not only allowed it to be built upon flawed legal arguments, but also "undermined its effectiveness as a terrorism-fighting tool."

'MISLEADING' CONGRESS: Rep. Jane Harman (D-CA), a former ranking member on the House Intelligence Committee, told the Associated Press that "she was shocked to learn of the existence of other classified programs beyond the warrantless wiretapping." Harman said that when she asked Gonzales two years ago if the government was conducting any other undisclosed intelligence activities, he denied it. "He looked me in the eye and said 'no,'" said Harman. Indeed, the report found that Gonzales walked right up to the line of lying to Congress by providing "confusing, inaccurate" statements about the National Security Agency's surveillance activities to lawmakers in 2007. The Justice Department Inspector General concluded that while Gonzales "did not intend to mislead Congress," his testimony "had the effect of misleading those who were not knowledgeable about the program." In an interview with the AP, however, former CIA director Michael Hayden insisted that "that top members of Congress were kept well-informed all along the way." "One of the points I had in every one of the briefings was to make sure they understood the scope of our activity 'They've got to know this is bigger than a bread box,' I said," said Hayden.

DETRIMENTAL SECRECY: As the New York Times' Eric Lichtblau and James Risen note, "the report found that the secrecy surrounding the program may have limited its effectiveness." At the CIA, "so few working-level officers were allowed to know about the program that the agency often did not make full use of the leads the wiretapping generated." The FBI found that "the exceptionally compartmented nature of the program" frustrated agents who were assigned to follow-up on its tips. Knowledge of the program was so closely held, according to the report, that a top aide to Vice President Cheney, David Addington, could personally decide who in the administration was "read into" the classified program. For the early years of the program, Yoo was the only OLC lawyer "read into" the program, which meant that he was the sole lawyer in the department analyzing the legality of the program. According to the report, senior Justice Department officials "criticized the assignment of a single OLC attorney to draft the legal rationale for the program. These officials noted that OLC traditionally adheres to a rigorous peer review process for all legal memoranda it issues." Yoo's boss at the time, Jay Bybee, told the DOJ IG that he was "surprised" and "a little disappointed" to learn that Yoo worked on the program without his knowledge. Neither Bybee nor Gonzales could explain how Yoo became responsible for analyzing the legality of the program. Because the inspectors general "lacked the authority to compel testimony," five former Bush administration officials -- Ashcroft, Yoo, George Tenet, Andrew Card, and Addington -- refused to be questioned.

CHENEY'S 'DIRECT ORDERS': One day after the IG report was released, the New York Times revealed another example of the Bush administration's efforts to keep Congress in the dark about the intelligence communities activities. Last week, seven House Democrats on the Intelligence Committee released a letter revealing that CIA Director Leon Panetta had "recently testified to Congress that the agency concealed information and misled lawmakers repeatedly since 2001" about an unidentified CIA operation that was an "on-again, off-again" effort until Panetta stopped it in June. The Times reported on Saturday that Cheney gave "direct orders" for the program to be concealed from Congress. Yesterday, an intelligence official hinted to the Washington Times that the program "involved assassinations overseas but declined to provide further details." The Wall Street Journal reports this morning that the now-terminated initiative "was an attempt to carry out a 2001 presidential authorization to capture or kill al Qaeda operatives." The WSJ also reports that in 2001, the CIA "examined the subject of targeted assassinations of al Qaeda leaders," but "it appears that those discussions tapered off within six months" and it "isn't clear whether they were an early part of the CIA initiative that Mr. Panetta stopped." Congressional Democrats are now calling for the program and the lack of congressional notification to be investigated. "The executive branch of government cannot create programs like these programs and keep Congress in the dark," said Sen. Dick Durbin (D-IL). Though some Republicans acknowledge that it's "wrong if somebody told the CIA not to inform the appropriate members of Congress," several GOP lawmakers have sought to defend Cheney and resist an investigation.

Under the Radar

TORTURE -- HOLDER LEANS TOWARD APPOINTING CRIMINAL PROSECUTOR: In April, President Obama revised his position on whether to appoint a special prosecutor to investigate the Bush administration's use of torture. After initially stating "that we need to look forward as opposed to looking backwards," Obama said "that is going to be more of a decision for the Attorney General within the parameters of various laws, and I don't want to prejudge that." Over the weekend, Newsweek's Daniel Klaidman reported that Attorney General Eric Holder "is now leaning toward appointing a prosecutor to investigate the Bush administration's brutal interrogation practices," though a final decision has yet to be made. The Washington Post followed up on that story with sources saying that any investigation "would apply only to activities by interrogators, working in bad faith, that fell outside the 'four corners' of the legal memos." Top administration aides have previously expressed concern that an investigation "might spawn partisan debates that could overtake Obama's ambitious legislative agenda." If the Post report is accurate, the investigation would not include high-level policymakers who authorized the torture tactics and provided the legal framework for America's torture regime. Salon's Glenn Greenwald writes that an investigation that fails to hold Bush administration officials accountable would be, in effect, the worst of both worlds, because it would "bolster the principal instrument of executive lawlessness -- the Beltway orthodoxy that any time a President can find a low-level DOJ functionary to authorize what he wants to do, then it is, by definition, 'legal' and he's immune from prosecution when he does it, no matter how blatantly criminal it is." A final decision is expected "within the next few weeks."

Think Fast

The Senate Judiciary Committee begins Supreme Court confirmation hearings for Judge Sonia Sotomayor today. President Obama called Sotomayor from the Oval Office "this morning to wish her good luck as she completed preparations for her confirmation hearing," the White House said. The Wonk Room will be live-blogging.

The Wall Street Journal reports that the CIA program concealed from Congress was a secret plan to kill or capture al-Qaida operatives. The targeted assassinations project "hadn't become fully operational at the time Mr. Panetta ended it."

Gen. Stanley McChrystal, the top U.S. commander in charge of forces in Afghanistan, said he "won't be deterred by administration statements that he cannot have more U.S. troops." In an interview with McClatchy, he said, "If I change my calculus based on what I think economic or political things are, then they are not benefiting from an absolutely untainted recommendation from me."

Ambassador Chris Hill, the top U.S. diplomatic envoy to Iraq, "escaped unharmed from a roadside bomb that targeted his convoy in a southern province, the U.S. Embassy said Sunday." A roadside bomb exploded as an embassy convoy was driving through Thiqar province. No embassy personnel were hurt in the attack.

President Obama's health care agenda is unlikely to be completed by Congress before the White House's August deadline. But Sen. Kent Conrad (D-ND) expressed confidence that the Finance Committee will approve legislation by early August. Health and Human Services Secretary Kathleen Sebelius also said "she remains optimistic" that Congress will send legislation to the White House before the year ends.

President Obama has speeches planned this week in New York and Michigan, in which he will try to calm anxiety over the health care debate. "My biggest job is to explain to the American people why this is so important and give them confidence that we can do better than we're doing right now," Obama said.

After a week of national condemnation, a suburban Philadelphia swim club "has invited children from a largely minority day-care center to come back after a June reversal that fueled allegations of racism against the club." In a "hastily called Sunday afternoon meeting," club members "voted overwhelmingly to try to work things out with the day-care center."

According to new studies of jobless data, "unemployment among blacks in New York City has increased much faster than for whites, and the gap appears to be widening at an accelerating pace." By the end of March, there were about 80,000 more unemployed blacks than whites.

President Obama is holding a day-long summit at the White House today to help his administration start writing a national policy on urban areas. "Obama in February created a White House Office of Urban Affairs, which has mostly remained out of public sight. Now, former Bronx New York Borough President Adolfo Carrion plans to take a prominent role as the office's director."

And finally: Small Business Administration (SBA) staffers noticed that their Internet connections had "slowed dramatically" last Tuesday -- coincidentally, at the same time as the Michael Jackson funeral. In response, SBA officials "sent out a notice that everyone’s streaming video capacity was being disabled for the afternoon because so many people were watching [streaming video of] the funeral."

Blog Watch

President Obama gave a historic speech in Ghana that both conservatives and progressives could love.

The Israel Project recommends stoking 9/11 immigration fears in "right to return" talking points.

Washington Post reporter Ceci Connolly was the "play" in the paper's pay-to-play dinner.

The IG report confirms that Congress needs to "beef up its oversight concerning how the Obama Administration is implementing the FISA Amendments Act of 2008."

New York Times columnist David Brooks has a highly selective "dignity code."

Former Bush "domestic policy czar" Karl Rove now rips czars as a "giant expansion of presidential power."

Bracing for a week of "Latina woman" idiocy from the press.

Yglesias pitches a story for the next Star Trek film: The Wrath of Inhofe.

Daily Grill

"I suspect, by the way...many Republicans may end up voting for Judge Sotomayor. I don't think anyone has made a determination at this point one way the other how they are going to vote."
-- Former Bush counselor Ed Gillespie, 7/13/09, CNN

VERSUS

"I do not plan to vote for her."
-- Sen. Pat Roberts (R-KS), 5/28/09

AND

"U.S. Sen. Jim Inhofe said Wednesday he will vote against confirming the Supreme Court nomination of U.S. Circuit Court Judge Sonia Sotomayor. 'That was a foregone conclusion,' the Oklahoma Republican said."
-- Tulsa World, 6/18/09

AND

"I cannot support her nomination. I will vote 'no' when it comes before the full Senate."
-- Sen. Sam Brownback (R-KS), 6/24/09