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Mar 06 2014

CIA May Have Spied on Its Overseers

In an article from McCaltchy, it was revealed that the Central Intelligence Agency may have been spying on Senate Select Committee on Intelligence members as they investigated the agency’s involvement and cover up of torture, rendition, and black op prisons. The allegation that the CIA hacked the computers used by committee staffers preparing the 6300 page report has led to the CIA’s Inspector General to request the Justice Department to open an investigation of the SIA’s actions which may have been a violation of an agreement between the committee and the agency.

In question now is whether any part of the committee’s report, which took some four years to compose and cost $40 million, will ever see the light of day.

The report details how the CIA misled the Bush administration and Congress about the use of interrogation techniques that many experts consider torture, according to public statements by committee members. It also shows, members have said, how the techniques didn’t provide the intelligence that led the CIA to the hideout in Pakistan where Osama bin Laden was killed in a 2011 raid by Navy SEALs.

The committee determined earlier this year that the CIA monitored computers – in possible violation of an agreement against doing so – that the agency had provided to intelligence committee staff in a secure room at CIA headquarters that the agency insisted they use to review millions of pages of top-secret reports, cables and other documents, according to people with knowledge.

Sen. Ron Wyden, D-Oregon, a panel member, apparently was referring to the monitoring when he asked CIA Director John Brennan at a Jan. 29 hearing if provisions of the Federal Computer Fraud and Abuse Act “apply to the CIA? Seems to me that’s a yes or no answer.”

Brennan replied that he’d have to get back to Wyden after looking into “what the act actually calls for and it’s applicability to CIA’s authorities.”

At the New York Times, Mark Mazzetti reports:

The origins of the current dispute date back more than a year, when the committee completed its work on a 6,000-page report about the Bush administration’s detention and interrogation program. People who have read the study said it is a withering indictment of the program and details many instances when C.I.A. officials misled Congress, the White House and the public about the value of the agency’s brutal interrogation methods, including waterboarding.

The report has yet to be declassified, but last June, John O. Brennan, the C.I.A. director, responded to the Senate report with a 122-page rebuttal challenging specific facts in the report as well as the investigation’s overarching conclusion – that the agency’s interrogation methods yielded little valuable intelligence.

Then, in December, Mr. Udall revealed that the Intelligence Committee had become aware of an internal C.I.A. study that he said was “consistent with the Intelligence Committee’s report” and “conflicts with the official C.I.A. response to the committee’s report.”

It appears that Mr. Udall’s revelation is what set off the current fight, with C.I.A. officials accusing the Intelligence Committee of learning about the internal review by gaining unauthorized access to agency databases.

Marcy Wheeler explained the lead up to these new revelations:

In January, Ron Wyden and Mark Udall suggested that CIA was hacking into US computers.

   Wyden asked (43;04) John Brennan whether the federal Computer Fraud and Abuse Act applied to the CIA.

       

Wyden: Does the federal Computer Fraud and Abuse Act apply to the CIA?

       Brennan: I would have to look into what that act actually calls for and its applicability to CIA’s authorities. I’ll be happy to get back to you, Senator, on that.

       Wyden: How long would that take?

       Brennan: I’ll be happy to get back to you as soon as possible but certainly no longer than-

       Wyden: A week?

       Brennan: I think that I could get that back to you, yes.

   Minutes later, Mark Udall raised EO 12333′s limits on CIA’s spying domestically (48:30).

     

Udall: I want to be able to reassure the American people that the CIA and the Director understand the limits of its authorities. We are all aware of Executive Order 12333. That order prohibits the CIA from engaging in domestic spying and searches of US citizens within our borders. Can you assure the Committee that the CIA does not conduct such domestic spying and searches?

       Brennan: I can assure the Committee that the CIA follows the letter and spirit of the law in terms of what CIA’s authorities are, in terms of its responsibilities to collect intelligence that will keep this country safe. Yes Senator, I do.

The NYT’s notes that it appears the spying began after the committee members accessed documents that the CIA didn’t want them to see. The next question should be, how did the CIA know what documents were accessed if they weren’t already monitoring the members? What were in those documents that the CIA didn’t want to be seen?

One of the questions that Sen. Udall asked Brennan was if the Computers Crimes and Abuse Act (18 USC § 1030) applied to the CIA. This was part of Brennan’s response

The answer is the statute does apply. The Act, however, does not expressly prohibit any lawfully authorized investigative, protective, or intelligence activity , , , of an intelligence agency of the United States,

It appears not only did the CIA violate the Computer Fraud and Abuse Act, the National Securities Act and EO 12333 but Brennan lied about it to the Senate Intelligence Committee. Why does he still have his job?

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