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Tuesday, January 06, 2009

What happened to consultation?

We might have suspected that Obama's pledges to consult with Republicans might fall by the wayside. But what about consulting with his own party members? Why wouldn't he have run his nomination of Leon Panetta by the incoming chairwoman of the Senate Intelligence Committee, Senator Feinstein, which must approve that nomination?
The incoming and outgoing chairs of the Senate Select Intelligence Committee signaled concerns about President-elect Barack Obama's choice of Leon E. Panetta to head the CIA, primarily because of Panetta's thin intelligence resume.

"I was not informed about the selection of Leon Panetta. . . . I know nothing about this, other than what I've read," said Dianne Feinstein, D-Calif., who will chair the committee in the 111th Congress, in an e-mailed statement. "My position has consistently been that I believe the agency is best-served by having an intelligence professional in charge at this time."
Senator Rockefeller, the outgoing Democratic chairman of that committee is also sounding lukewarm on the nomination.
Added an aide to John D. Rockefeller IV, D-W.Va., who served as chairman of the committee in the 110th Congress: "I think, based on press reporting if it proves correct, Sen. Rockefeller has some concerns about his selection. Not because he has any concerns about Panetta, whom he thinks very highly of, but because he has no intelligence experience and because he has believed this has always been a position that should be outside of the political realm."
It sounds as candidates with more experience in intelligence were rejected by those who objected to any connection with approving intelligence policies under President Bush.
Aides have said Mr. Obama had originally hoped to select a C.I.A. head with extensive field experience, especially in combating terrorist networks. But his first choice for the job, John O. Brennan, had to withdraw his name amidst criticism over his role in the formation of the C.I.A’s detention and interrogation program after the Sept. 11 attacks.

Members of Mr. Obama’s transition also raised concerns about other candidates, even some Democratic lawmakers with intelligence experience. Representative Jane Harman of California, formerly the senior Democrat on the House Intelligence Committee, was considered for the job, but she was ruled out as a candidate in part because of her early support for some Bush administration programs like the domestic eavesdropping program.
Probably the reason that Jan Harman was nixed is that she didn't speak out against the interrogation procedures that the Bush administration adopted in the fight against terrorism. The Wall Street Journal has an informative article reminding us that top Democrats, including Nancy Pelosi by the way, were fully briefed on the Bush administration's interrogation policies.
Beginning in 2002, Nancy Pelosi and other key Democrats (as well as Republicans) on the House and Senate Intelligence Committees were thoroughly, and repeatedly, briefed on the CIA's covert antiterror interrogation programs. They did nothing to stop such activities, when they weren't fully sanctioning them. If they now decide the tactics they heard about then amount to abuse, then by their own logic they themselves are complicit. Let's review the history the political class would prefer to forget.

According to our sources and media reports we've corroborated, the classified briefings began in the spring of 2002 and dealt with the interrogation of Abu Zubaydah, a high-value al Qaeda operative captured in Pakistan. In succeeding months and years, more than 30 Congressional sessions were specifically devoted to the interrogation program and its methods, including waterboarding and other aggressive techniques designed to squeeze intelligence out of hardened detainees like Zubaydah.

The briefings were first available to the Chairmen and ranking Members of the Intelligence Committees. From 2003 through 2006, that gang of four included Democrats Bob Graham and John D. Rockefeller in the Senate and Jane Harman in the House, as well as Republicans Porter Goss, Peter Hoekstra, Richard Shelby and Pat Roberts. Senior staffers were sometimes present. After September 2006, when President Bush publicly acknowledged the program, the interrogation briefings were opened to the full committees.
It's interesting that, in a time when we're confronted with terrorist threats around the world, Obama would opt for Panetta's managerial experience rather than hold out for someone with experience in intelligence and fighting terrorism. And I wonder how all those people who thought that John McCain was too old to be president feel about a man who will turn 71 in June taking on a very tough and time-consuming job in an entirely new field. I guess 70 really is the new 60!

I suspect that Senator Feinstein was quite miffed about not being consulted which is why she made such a public negative statement that was sure to be quoted in just about every story about the Panetta nomination. The interesting question is why the Obama transition team didn't consult her. Was it because they didn't want to hear her reaction?

I also suspect that, after some tough questioning in his confirmation hearings, the Senate Democrats will vote overwhelmingly to confirm Panetta's nomination. But they'll be sure that President Obama knows that they want him to do a better job of consulting them. Senators are nothing if not firmly protective of their own prerogatives.

9 comments:

tfhr said...

Harman would have been a very good choice. Obama's decision to pick up Panetta to run the CIA is just unfathomable. I HOPE® he will CHANGE® his mind.

As for ADM Blair as DNI, I'm more comfortable with that than the Panetta choice but he is not an intel guy by trade but rather a long time consumer of intel community products. We shall see how it goes but I've never cared much for the DNI concept anyway.

The really good news is that Sandy "SCIF pants" Berger didn't get the nod for an intel job (yet).

The Mighty Quinn said...

Geez, a failed community organizer doesn't know how to work with congress. What a surprise!

toadold said...

One interesting explanation is that the CIA has become so independent that it no longer gives good intelligence, leaks like a colander for domestic political agendas, and drags it feet when given orders by the President no matter which party. So Obama is sending a loyalist to sit on it and perhaps roll some heads. The only problem that I have with that theory is that I have seen anti-Bush syndrome out of the agency but I can't remember any anti-Clinton or other Democrat "disloyalty."??

Pat Patterson said...

I suspect that there are aspects to the so-called Imperial Presidency that the incoming Administration now sees just as desirable to possess as to campaign against. I agree with tfhr on the suitability of Rep. Harman even though I lived in her district and voted against her in her first congressional campaign.

But the majority of Democrats in the party, outside her very conservative district, hate her with a passion and have tried several times to unseat her in the primaries. Plus she's richer than Croesus and Sen. Feinstein.

I had forgotten about Amb. Berger but I do remember that one of his defenses was that he had a date and was using the documents to enhance his reputation but was a little unclear as to where in his pants they should have been added.

bruce said...

Don't forget how the left and the media have been making hay for Years now about bush appointing "good job brownie" to a post he wasn't qualified for. Now, the a.p. is trying to help obama sell the selection.
It's not like we couldn't have anticipated this kind of stuff.

eaglewingz08 said...

The delicious part is that Feinstein doesn't even recognize her own hypocrisy and irony, or that of her party in nominating and electing a thoroughly unqualified individual to run the Executive Branch, not just one department. If Obama is qualified to run the gov't, then Feinstein can't have qualms about some inexperienced yo yo running the intelligence branch. Inexperience is as inexperience does. You sold the crap sandwich, and this is what you're stuck with.

mark said...

Biden acknowledged the mistake of not informing Feinstein.

One of the problems that led to 9/11 (besides ignoring the warnings) was a failure of agencies to work together. Hopefully Panetta can help change that.

Panetta is competent and against torture. Naturally he would be criticized here.

tfhr said...

mark,

Etiquette amongst the President-elect's staff and the Chair of the Senate Intelligence Committee just does not matter to me. It is a non-issue for politicos to bat around but the choice for Director of the CIA is not a game.

You’re certainly right to attribute some of the intelligence failings surrounding 9-11 to the inability of intel agencies to collaborate amongst themselves and with law enforcement counterparts. Do you know who Jamie Gorelick is and what she has done in her career? It will suffice to say that her lack of experience in the ways of intelligence and finance has made her a pivotal figure in the two most devastating failures in those arenas in the last half century, though I understand that the Clintons viewed her as a very “competent” lawyer*. Please do read up on Ms.Gorelick’s storied career and be sure to read about “Gorelick’s Wall” when you want to learn more about the “failure of agencies to work together”. (*You might find it interesting that she was part of Duke's legal defense team during the lacrosse scandal.)

The DNI was an invention created to overcome both the politicization of the CIA and the lack of collaboration within the intelligence community. As far as I’m concerned it is not the answer and has really just larded on another layer of bureaucracy and expense instead of addressing real issues that allowed 9-11. A lightweight like George Tenant should never have been put in place as the Director of Central Intelligence. As the DCI Tenant was the embodiment of the diminished role the agency had inside the Clinton Administration’s decision cycle and he should certainly not have been retained by Bush. By the way, while I’m thinking of your comments regarding Bush and “ignoring warnings”, I have to say that it is just so much spittle from you unless you can say with certainty which “warnings” were actionable. And while you’re at it, please do tell why you think that one undeveloped PDB mention of AQ acting within the United States provided the certitude needed to head off the attack the following month while more than a decade of reporting on Iraqi WMD programs by our intel agencies and our allies should not have been trusted? Flawless intelligence does not exist.

One reason our intelligence has been so lacking at times, in addition to the tremendous contributions of Ms. Gorelick and her bosses, is that our human intelligence capacity, once the CIA’s forte, was gutted by the hand of Senator Frank Church, his committee, and Jimmy Carter, with the help of Stansfield Turner, an outsider who’s resume resembles ADM Blair, today’s presumptive DNI. Our country eschewed the dirty business of HUMINT and became far too reliant on allied HUMINT services (see SAVAK and Jimmy Carter and the Shah’s big surprise) to supplement our ill-advised concentration on technical intelligence. Having politicians “fix” what was “wrong” with the CIA back in the 1970s brought us to 9-11 but we had many warnings along the way. In other words, you need to know what is broken before you attempt to fix it.

You may recall that during the Clinton administration a small private plane deliberately crashed into the Whitehouse. A deranged man piloted the single engine aircraft into the President’s home but fortunately harmed nobody other than himself. The joke around the beltway was that Brent Scowcroft was actually the pilot and had taken the extreme measure to see the President since the latter, incredibly, did not take briefings from the CIA. I don’t know if Leon Panetta, Clinton’s chief of staff, approved of or suggested that the CIA Director be excludeded nor do I know if he is well versed on intel architecture, tradecraft, collection system strengths and vulnerabilities or any of the myriad considerations that make up the complex functions of the agency he will be expected to lead but he ought to be. I’m absolutely certain that the position he has been nominated for does not lend itself to on the job training when we are in the midst of a war.

One final point for you to consider is that the ranking Democrats in the House and Senate Intelligence committees were pre-briefed regarding interrogation techniques. Moreover, Bill Clinton started the practice of rendition. If you want to toss around claims about torture, make sure that you have those folks stand next to you when you’re preening before the mirror.

Skay said...

"One of the problems that led to 9/11 (besides ignoring the warnings) was a failure of agencies to work together. Hopefully Panetta can help change that."


Jamie Gorelick -former Deputy Attorney General under Bill Clinton- established a pre-Patriot Act "wall" that prevented the foreign intelligence and criminal investigative communities from collaborating.

Panetta was a member of the administration that was responsible for the lack of communication.