Why Porter Goss Is SO Panicky-He KNOW'S Bushco Broke Laws

[kpete]

The Bush Administration Did Not Give Legally-Required Prior Notification to Congress
By: emptywheel Saturday April 25, 2009 7:34 am

Extraordinary Circumstances

If the President determines that it is necessary, in order to meet rare, extraordinary circumstances, to delay notification until after the initiation of a special activity, the DCI, or head of such other Executive department, agency, or entity authorized to conduct a special activity, shall delay notification consistent with section 501(b) at the direction of the President. Unless the President otherwise directs, not later than two working days after the President signs a Finding or associated MON, if any, the Intelligence Comittees shall be notified in accordance with established procedures. In all such cases, notification shall include the reasons for not giving prior notice to the Intelligence Committees. In the event the President directs that notification to Congress be delayed beyond two working days after presidential authorization of a special activity as provided herein, the grounds for such delay shall be memorialized in writing and shall be re-evaluated by the NSPG not less frequently than every ten (10) days.

We know from the SSCI Torture Narrative that this notification did not happen until after they were done waterboarding Abu Zubaydah.


.....................

The report that George Tenet demanded and finally got a policy document supporting torture in 2003 supports the notion that Bush never issued a finding (or MON) laying out the torture techniques to be used until 2003. While Congress had been informed, it appears that it never got the formal documentation--with Bush's signature--required by law until long after the torture program began.

Now, Bush will undoubtedly claim that these were "extraordinary circumstances" that required this much secrecy. But there is one problem with that (and it may explain why Porter Goss is so panicky). The President has to, by law, memorialize why he's not telling Congress about CIA's activities.

In the event the President directs that notification to Congress be delayed beyond two working days after presidential authorization of a special activity as provided herein, the grounds for such delay shall be memorialized in writing and shall be re-evaluated by the NSPG not less frequently than every ten (10) days.

If this memorialization doesn't exist, Bush still broke the law.

This is Iran-Contra territory--the Administration conducting covert ops without proper notification to Congress. Now, given Sy Hersh's report that Dick Cheney convened a "lessons learned" meeting at about the same time Bush issued the MON giving CIA the authority to interrogate on September 17, 2001, I'm sure PapaDick believes he's found some way around the laws requiring Congressional authorization.

But from the record produced so far, it appears the Administration broke the law in an effort to avoid leaving a legal paper trail of their support for torture.

more at:
http://emptywheel.firedoglake.com/2009/04/25/the-bush-administration-did-not-give-prior-notification-to-congress/

[shraby]

1. All I can say is w00t! As usual, they are on the ball at

firedoglake.

[babylonsister]

2. Goss' op-ed in the WaPo today-very defensive...

http://www.washingtonpost.com/wp-dyn/content/article/2009/04/24/AR2009042403339.html

[Voice for Peace]

6. "We can't have a secret intelligence service if we keep giving away all the secrets."

"Americans have to decide now." OK Porter, we've decided. It's a nobrainer.

[Spazito]

13. Evidence of his inability to recognize his own irationality...

"The days of fortress America are gone. We are the world's superpower. We can sit on our hands or we can become engaged to improve global human conditions."

This being said in a column about the need to torture.

Amazing, simply amazing.

[Piewhacket]

21. Goss is a big part of the problem. The simple response is this...

Profound misjudgment. Dereliction of duty. Criminal culpability.
You had no authority to authorize or to run a torture program.

A real and strong intelligence community does not need torture, and if
that is all you know of intelligence, Porter you incompetent twit, then
you have failed your country , your services will never again be called,
may you rot in jail like the animal you are.

As for your op ed "confession", Porter, I'd be laughing my ass off at
your clownish incompetence if the whole thing weren't just so unbelievably serious.

[formercia]

3. They knew they were breaking the law prior to Iran-Contra.

The mining of the harbors in Nicaragua program began in the Fall of 1981. It was disguised as an arms interdiction program to prevent the smuggling of arms into El Salvador by mining the waterways inside El Salvadorian waters that the alleged smugglers used. When I found out the true intent of the operation, I notified my superiors at a meeting, in the presence of a group of paramilitary officers (OTS/SAD) that their operation was a violation of International Law and "When Congress finds out about this, they are going to cut our balls off."

They knew they were breaking the law from day one. Management knew they would never get authorization, let alone funding if their true intent were known.

[pdxmom]

4. Porter Goss is panicky because he sat in front of the Senate Intelligence

Committee in March 2005, and stated unequivocally in his testimony that "we don't do torture". http://www.msnbc.msn.com/id/7220179/

Cheney wants to release a report dated June 2005 that details what the CIA learned from their torture. Goss is right smack in the middle of this and lied to Congress in the process...not just the American people.

[EFerrari]

12. I've contacted CSPAN to get a copy of the Taguba hearings.

A bunch more liars right there. They all must be sleeping very badly right now.

[NewJeffCT]

38. I hope they are not sleeping well

but, somehow, I don't see Bush having trouble sleeping.

[Oak2004]

42. Sociopathy and Lone Star Beer: the perfect formula for a good night's sleep n/t

[MadMaddie]

16. Was Goss sworn in when he made that testimony?

[pdxmom]

18. From what I read, I couldn't tell if he was sworn in or not, but it's a crime

regardless of being sworn or not.

USC 18, Section 1001

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.

<snip>

(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—
(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.

[driver8]

5. I love to watch these criminals squirm...

They all knew that what they were doing was wrong.

[formercia]

7. They are so fucking arrogant

I've watched these guys operate from the inside. They don't give a fuck about Congress, the Law, US or otherwise. They don't give a fuck about you, your children and their heirs. All they have is their insular right-wing-reactionary agenda, and that's all that matters. They're on a mission from God and fuck the rest of us.

[Hekate]

26. I always find your posts interesting. How long were you inside, if I may ask? nt

[formercia]

28. Just under 4 years.

I would have made a career of it and I had a lot of supporters but I vowed that if they ever mined the harbors, I was gone. Two of us that worked on the project submitted our resignations. They tried to bribe us into silence, offering us our choice of assignments. The other guy gave in but I stood my ground and went to the IG. There was a full-scale revolt over that op. A lot of people left. Casey panicked and gave the program to Ollie North. We all know how that turned out.

They made my life miserable after that. I pissed off people that didn't even know me.

[Hekate]

29. I imagine an experience like that would give you food for thought for a lifetime.

Again, TY for sharing.

Gads, it's now almost 4:30 am where I am. I think I better try to sleep.

Hekate

[formercia]

30. They never let me forget it.

It was a short time on the "inside" but many more times "Out in the cold." The have spent Millions making sure that I would never succeed in life and that I was discredited wherever I went. For the last 25 years, there has been a permanent entourage that has followed me everywhere I went, with dossier in hand, making sure everyone knew that I was an enemy of the State and should be treated accordingly. They even recruited members of my own family to engage in acts of provocation against me. They were willing to destroy my family to get to me. One of my sisters committed suicide, in part because of her guilt in having taken part.

This is one of the ways that the troops are kept in line. They make an example of anyone who dissents.

Thank you for listening.

[EFerrari]

41. Nicaragua.

You've also made a lot of people happy that don't even know you.

[formercia]

43. That's what keeps me going.

I think of all the innocent civilians that didn't die. Just like the 'Domino Theory' in Vietnam, the WMDs in Iraq and the Sandinistas in Nicaragua and the FMLN in El Salvador, the reich-wing hate propaganda was a lie.

:hi:

[chill_wind]

8. Connect the dots. The timing of the exposure of the Harman story.

A major story update about a Dem scandal Stein says he just had laying around and never got around to..... (until after Pres Obama said I'm getting out of AG Holder's way of whatever he feels he has to do about investigations and prosecutions.) Nothing special about the timing by me or my editor, Ho Hum..

Goss trying to fuel the media grist of Dem culpability in intel briefings: Oh yeah, we were briefed -- and "some" wondered and worried whether we were going far enough... message: just maybe they need to think twice about where they're going with all the rest of this...

Probably a whole truckload of file boxes of unanswered letters of inquiry from Henry Waxman to him and Chairman Roberts both, back in the day...

[kentuck]

10. Yep...

Good guess. He would do such a thing.

[seemslikeadream]

11. Why did Porter Goss finger Jane Harman?

http://blogs.jta.org/politics/article/2009/04/24/1004622/why-did-porter-goss-finger-jane-harman


But there's even more fascinating stuff buried in the story: It looks as if the decision to target Harman was initiated by her old nemesis Goss, the Intel committee chairman who had gone on to the top CIA job.

Initiated. As in, he apparently had the idea himself. As in, he apparently hated her guts.

Piecing this doozy together requires jumping from the lede in the NYT story, way way down. But look:

WASHINGTON — The director of the Central Intelligence Agency concluded in late 2005 that a conversation picked up on a government wiretap was serious enough to require notifying Congressional leaders that Representative Jane Harman, Democrat of California, could become enmeshed in an investigation into Israeli influence in Washington, former government officials said Thursday.

Now skip 9 grafs:

Former officials said that Mr. Goss had first seen the transcripts of Ms. Harman’s phone conversations in late 2005, when the government was renewing its requests to a special court to wiretap the calls of the Israeli operative, whom they would not identify. Ms. Harman was not the target of the eavesdropping but her conversations were picked up because she spoke with the Israeli agent.

Note the operative verbs: Lede: It was Goss who "concluded" that the tap required more action. He drew this conclusion not because Harman's alleged involvement was raised with him, but during a periodic review of material supposedly incriminating an entirely different person. Tenth graf: The review is when the transcripts were "first seen" by Goss. As in, no one had bothered to bring it to Goss' attention before. Maybe because it wasn't all that.

Or:

[chill_wind]

14. Thanks. Interesting stuff indeed- and they are taking a lot of stuff apart

elsewhere at emptywheel right now as well:

Friday:

http://emptywheel.firedoglake.com/2009/04/24/is-the-harman-story-an-attempt-to-silence-her-about-torture/

Saturday:

http://emptywheel.firedoglake.com/2009/04/25/porter-goss-attacks-on-pelosi-and-harman-but-admits-cia-broke-the-law/

[Hekate]

27. When will we on the Dem side learn not to take ANYthing at face value from the other side?

It still shocks me how many here are willing to believe, as soon as it is published, something scandalous or dirty about a Democratic politician if it emanates from the Repubs, from the RW, from the Neocons, or from the Bushites and their moles.

And nearly every single time, upon further digging, it turns out not to be quite as advertised.

Thanks for your post.

Hekate

[NNN0LHI]

33. Not just believe it. They start posting about it like it is a fact

Sad state of affairs.

Don

[cascadiance]

37. Also makes you wonder what the feds were grilling Dusty Foggo on the last couple of weeks...

... before they carted him off to prison.

From: http://emptywheel.firedoglake.com/2009/04/02/what-does-dusty-foggo-know-about-the-torture-tapes/

What Does Dusty Foggo Know about the Torture Tapes?
By: emptywheel Thursday April 2, 2009 10:22 am

The AP caught something rather curious.

Dusty Foggo, heading off to prison for his role in schemes involving Brent Wilkes, has a date to talk with John Durham, who is investigating the torture tape destruction, and because of that date, he'll get to put off reporting to prison for a week.

...

I think CIA managed to create plausible deniability among its lawyers. But that may not be true of Goss.

And if, for some reason, the close or not so close former Goss associate (remember, there were questions of whether Goss attended Dusty's poker games) Dusty Foggo wanted to cause some trouble--and maybe ease his own transition into prison--I can imagine that that might be of interest to John Durham.

Now, Foggo's testimony may have nothing to do with Porter Goss' role in the torture tape destruction. But he was in a position that might mean he knows things about the torture tape destruction, and the CIA surely didn't do any favors for Foggo as he headed to jail.

Dusty Foggo was likely a crony of Goss's and I believe was doing the Watergate gambling parties earlier with he, Duke Cunningham, and the hookers of Hookergate...

[seemslikeadream]

9. Thanks

:hi:

[Olney Blue]

15. He is slack-jawed.

[lib2DaBone]

17. FWIW..Porter Goss is the ultimate sniveling bureaucrat lackey.....

[Solly Mack]

19. K&R

[autorank]

20. There was a lot of that in the Third Reich k*r

Bush can run but he can't hide. This was entirely his fault.

[Amonester]

22. K&R n/t

[leftstreet]

23. K&R

[Harmonika]

24. Cheneydaughter steps in? Why?

Who the hell is Liz Cheney?

Why did they not just blow the dust off the family lesbian and put her to work on this project?

[Norquist Nemesis]

25. The man with the answers is SCOOTER!!!!

I can't figure out why the media has not dared to say this guy's name! Scooter was right hand man to Cheney until January 2006!!!! Scooter has nothing to fear from Bush or Cheney at this point, and Cheney let him take the fall!

Scooter knows about Plame, enery meetings, ISG (Iraq Study Group), communiques on torture "techniques", 2004 election discrepancies (Ohio!), what "the Intelligence Community" knew (or didn'), who was wiretapped without warrants and how it was done, etc., etc., etc.!!!!!!! Scooter was the go-to guy for Cheney and his ties go back as deputy under secretary of defense for policy in Bush I administration!

They need to talk to Scooter! He knows where the bones are buried.

[WinkyDink]

32. Would a man who conjured a bear's raping a captive girl know anything about torture?

[olegramps]

35. He sounds like the prefect candidate for Water Boarding.

He not only has the all the info, but probably would agree that it isn't torture.

[The Wizard]

36. "Scooter has nothing to fear from Bush or Cheney at this point,"

You're kidding right?
The world's biggest criminal cartel would have him snuffed faster than a one legged man at an ass kicking contest.

[WinkyDink]

31. The missing e-mails.

[Xipe Totec]

34. If he was still President, we could impeach him,

But what is the penalty for breaking this law at this time?

I am asking out of ignorance on this issue; I truly don't know.

[seafan]

39. Porter "It's Just One of Those Mysteries" Goss is flailing and clawing at quicksand.

Isn't it rich, seeing the very same people who, for the past eight years, have used secrecy, deception, outright fabrication and political maneuvering to run a global torture network against alleged terrorists, desperately scribbling guilt-laced op-eds in 'newspapers of record', now that their monstrous crimes have been exposed for shocked and furious Americans to see?



Porter Goss, in a defensive screed in yesterday's Washington Post, ironically titled "Security Before Politics":

Since leaving my post as CIA director almost three years ago, I have remained largely silent on the public stage. I am speaking out now because I feel our government has crossed the red line between properly protecting our national security and trying to gain partisan political advantage.

.....

A disturbing epidemic of amnesia seems to be plaguing my former colleagues on Capitol Hill. After the Sept. 11, 2001, attacks, members of the committees charged with overseeing our nation's intelligence services had no higher priority than stopping al-Qaeda. In the fall of 2002, while I was chairman of the House intelligence committee, senior members of Congress were briefed on the CIA's "High Value Terrorist Program," including the development of "enhanced interrogation techniques" and what those techniques were. This was not a one-time briefing but an ongoing subject with lots of back and forth between those members and the briefers.

Today, I am slack-jawed to read that members claim to have not understood that the techniques on which they were briefed were to actually be employed; or that specific techniques such as "waterboarding" were never mentioned. It must be hard for most Americans of common sense to imagine how a member of Congress can forget being told about the interrogations of Sept. 11 mastermind Khalid Sheik Mohammed. In that case, though, perhaps it is not amnesia but political expedience.

.....

I do not recall a single objection from my colleagues. They did not vote to stop authorizing CIA funding. And for those who now reveal filed "memorandums for the record" suggesting concern, real concern should have been expressed immediately -- to the committee chairs, the briefers, the House speaker or minority leader, the CIA director or the president's national security adviser -- and not quietly filed away in case the day came when the political winds shifted. And shifted they have.

Circuses are not new in Washington, and I can see preparations being made for tents from the Capitol straight down Pennsylvania Avenue. The CIA has been pulled into the center ring before. The result this time will be the same: a hollowed-out service of diminished capabilities

.....

The days of fortress America are gone. We are the world's superpower. We can sit on our hands or we can become engaged to improve global human conditions. The bottom line is that we cannot succeed unless we have good intelligence. Trading security for partisan political popularity will ensure that our secrets are not secret and that our intelligence is destined to fail us.

Porter Goss MUST be scrutinized aggressively. It's no longer just 'one of those mysteries.', December 25, 2007


C.I.A. Director Goss Resigns, May 5, 2006






And I'm STILL scratching my head over this one:

Goss among former members appointed to ethics office, July 24, 2008


Care to explain your thinking, Madam Speaker?



This is dirty.

[Piewhacket]

40. Dirty you say? Sure, but not JUST a "global torture network".

Perhaps there is a much larger picture to see.
Not just incompetent and venally stupid criminals.

For while I'm not sure anymore that republicans are human,
I'm still not prepared to concede they are actually all stupid.
Torture was for a purpose, part of the bigger mosaic.
But what is made pretty clear by now is: "intelligence" had
nothing at all to do with it.