Dianne Feinstein, chair of the Senate鈥檚 Intelligence Committee, lashed out against the CIA on March 11 in a sharply worded 45-minute speech that took other Senators by surprise.
President Barack Obama鈥檚 appointee to head the CIA, John Brennon, issued a denial a few hours after Feinstein鈥檚 speech, virtually charging her with lying.
It is no wonder that her speech was a bombshell. Feinstein has a well-earned reputation of being little more than a shill for the CIA, NSA and other spy agencies over the years.
Her most notorious role in that regard has been her recent vociferous defence of the vast spying on all US citizens and much of the world by the NSA, that was revealed by Edward Snowden.
Feinstein has publicly called Snowden a traitor, demanded that he be captured and brought to trial under the witch-hunting Espionage Act, and said 鈥渋t could well be鈥 that Snowden was a paid Russian spy.
The committee she heads, which is supposed to oversee the activities of the various spy agencies, has also approved the CIA鈥檚 infamous drone strikes and the FBI鈥檚 use of the Patriot Act to undermine civil liberties.
Feinstein's conflict with the CIA concerns a more narrow issue. This is the agency鈥檚 detention policies in the 鈥渨ar on terror鈥 for eight years under the administration of George W Bush.
These policies included the widespread use of torture, secret prisons, indefinite jailing of people without charges, and 鈥渟pecial rendition鈥 of some prisoners to Assad鈥檚 Syria, Mubarak鈥檚 Egypt and elsewhere for more extreme forms of torture.
The committee prepared a report of about 6300 pages on those activities, which was ready over a year ago. The CIA has blocked the report.
The New York Times editorialised on March 11: 鈥淚t was outrageous enough when two successive presidents [Bush and Obama] papered over the Central Intelligence Agency鈥檚 history of illegal detention, rendition, torture and fruitless harsh interrogation of terrorism suspects.
鈥淣ow 鈥 Senator Dianne Feinstein, has provided stark and convincing evidence that the CIA may have committed crimes to prevent the exposure of interrogations that she said were 鈥榝ar different and far more harsh鈥 than anything the agency had described to Congress.鈥
Feinstein accused the CIA of withholding information from the committee about the treatment of prisoners and deleting about 900 pages from computers the committee was using.
She also accused it of trying to intimidate the committee by urging the FBI to bring charges against it for the 鈥渃rime鈥 of finding incriminating CIA documents that the CIA said were to be kept secret from the committee for reasons of 鈥渘ational security鈥.
Feinstein said an internal review by the CIA鈥檚 own inspector general came to the same conclusions as the committee鈥檚 staff report. It was the committee鈥檚 discovery of this internal review that the CIA said was a crime. The CIA accused the committee of hacking CIA computers to find it.
The CIA's attorney who is charging the committee had previously been the lawyer for the CIA's Counter Terrorism Center the section of the spy agency running its detention and torture program.
The NYT surmises that this was Robert Eatinger, the CIA鈥檚 deputy general counsel. Eatinger was one of two lawyers who, in 2005, approved the destruction of videotapes showing brutal interrogations of prisoners by the CIA.
It was not until 2007 that the CIA鈥檚 destruction of those videotapes became known. That was the reason the Senate Intelligence Committee began its investigation, culminating years later in its report.
If these charges and counter-charges seem confusing, that is only a reflection of the Kafkaesque labyrinth of the government's vast trove of "classified" material that it does not want the world to see its dirty laundry.
The committee found the CIA lied when it said the torture produced useful intelligence. Feinstein said this was also the conclusion of the internal CIA report.
Feinstein strongly suggested the CIA鈥檚 obstruction of the committee鈥檚 report was a violation of the separation of powers under the US Constitution and of the Fourth Amendment in the Bill of Rights.
The Fourth Amendment states: 鈥淭he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.鈥
We are left with the spectacle of Feinstein approving the violation of the Fourth Amendment rights of every US citizen by the NSA, while denouncing the CIA when it comes to her rights.
Feinstein is a leading Democrat. Her charges against the CIA reflect a rift in the Democratic Party.
Senate leader Harry Reid, also a Democrat, has entered the fray on Feinstein鈥檚 side. Reid opened an investigation into what he called the CIA鈥檚 鈥渁bsurd claims鈥 that the committee鈥檚 staff had hacked into the agency鈥檚 network.
The rift also pits these Democrats against the Democratic White House, which is responsible for the CIA.
The NYT noted: 鈥淭he lingering fog about the CIA detentions is a result of Mr. Obama鈥檚 decision when he took office to conduct no investigation of them.鈥
A March 12 editorial in the British Financial Times elaborated: 鈥淥n reaching office, U.S. President Barack Obama said 鈥榳e need to look forward not backwards鈥 on the Bush administration鈥檚 torture program.
鈥淎s a result, there have been no prosecutions on his watch. But the past keeps reaching out to grab him.鈥
Obama reacted to Feinstein鈥檚 charges by reluctantly 鈥渦rging鈥 the committee鈥檚 report be declassified and published. He could declassify it himself immediately, but wants the CIA to have more time to censor the most damning parts of it.
At the same time, the White House is protecting the CIA from the serious charges Feinstein has levelled of its constitutional violations.
Eric Holder, the attorney-general heading up the Department of Justice, has ruled out any investigation of Feinstein鈥檚 charges.
The likely upshot is that some version of the report will eventually be declassified, no doubt censored. But no prosecutions of CIA or Bush administration officials will ensue.
The issue will be declared 鈥渙ver鈥, and the administration will once again 鈥渓ook forward not backwards鈥.
Just as is happening with the NSA revelations, the huge national security state will remain intact, if increasingly discredited.
[Barry Sheppard was a long-time leader of the US Socialist Workers Party and the Fourth International. He recounts his experience in the SWP in a two-volume book, The Party 鈥 the Socialist Workers Party 1960-1988, available from . Read .]
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