No Comment — July 15, 2007, 9:00 am

The Curious Case of the Dog That Did Not Bark

As literature’s most famous private detective, Sherlock Holmes, reminds us in the Silver Blaze, in evaluating a complex pattern of facts, we must consider not only the established facts but also things which should have happened but did not. As the curious case of the dog in the stables that did not bark.

And today the Washington Post brings us another installment in the Silver Blaze/Bush Administration series:

An independent oversight board created to identify intelligence abuses after the CIA scandals of the 1970s did not send any reports to the attorney general of legal violations during the first 5 1/2 years of the Bush administration’s counterterrorism effort, the Justice Department has told Congress. Although the FBI told the board of a few hundred legal or rules violations by its agents after the Sept. 11, 2001, attacks, the board did not identify which of them were indeed legal violations. This spring, it forwarded reports of violations in 2006, officials said.

The President’s Intelligence Oversight Board — the principal civilian watchdog of the intelligence community — is obligated under a 26-year-old executive order to tell the attorney general and the president about any intelligence activities it believes “may be unlawful.” The board was vacant for the first two years of the Bush administration. The FBI sent copies of its violation reports directly to Attorney General Alberto R. Gonzales. But the board’s mandate is to provide independent oversight, so the absence of such communications has prompted critics to question whether the board was doing its job.

“It’s now apparent that the IOB was not actively employed in the early part of the administration. And it was a crucial period when its counsel would seem to have been needed the most,” said Anthony Harrington, who served as the board’s chairman for most of the Clinton administration. “The White House counsel’s office and the attorney general should have known and been concerned if they did not detect an active and effective IOB,” Harrington said.

I put it to you—as my British barrister friends like to say—that there is an alternative and completely encompassing explanation for the IOB’s silence. If it were to report, it would be giving an account of a crime spree without modern precedent, certainly vastly greater than anything that occurred under the Nixon Administration and was exposed by the Church Committee and its report. And there is another key distinction. Rather than being a crime spree by a few rogue agents, under the Bush Administration the criminal conduct has been guided and pressed from the top down—often over the resistance of career professionals. Dick Cheney and his chief of staff, David Addington, and the nation’s supposed chief law enforcement officer, Alberto Gonzales, have been in the thick of the conspiracy from the start. This is the story that silence tells.

Share
Single Page

More from Scott Horton:

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

March 2016

Bird in a Cage

= Subscribers only.
Sign in here.
Subscribe here.

The Hidden Rivers of Brooklyn

= Subscribers only.
Sign in here.
Subscribe here.

Save Our Public Universities

= Subscribers only.
Sign in here.
Subscribe here.

The Rogue Agency

= Subscribers only.
Sign in here.
Subscribe here.

Mad Magazines

= Subscribers only.
Sign in here.
Subscribe here.

Killer Bunny in the Sky

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Save Our Public Universities·

= Subscribers only.
Sign in here.
Subscribe here.

“Whether and how we educate people is still a direct reflection of the degree of freedom we expect them to have, or want them to have.”
Photograph (crop) by Thomas Allen
Article
New Movies·

= Subscribers only.
Sign in here.
Subscribe here.

The Force Awakens criticizes American imperialism while also celebrating the revolutionary spirit that founded this country. When the movie needs to bridge the two points of view, it shifts to aerial combat, a default setting that mirrors the war on terror all too well.”
Still © Lucasfilm
Article
Isn’t It Romantic?·

= Subscribers only.
Sign in here.
Subscribe here.

“He had paid for much of her schooling, something he cannot help but mention, since the aftermath of any failed relationship brings an ungenerous and impossible impulse to claw back one’s misspent resources.”
Illustration by Shonagh Rae
Article
The Trouble with Iowa·

= Subscribers only.
Sign in here.
Subscribe here.

“It seems to defy reason that this anachronistic farm state — a demographic outlier, with no major cities and just 3 million people, nine out of ten of them white — should play such an outsized role in American politics.”
Photograph (detail) © Justin Sullivan/Getty Images
Article
Rule, Britannica·

= Subscribers only.
Sign in here.
Subscribe here.

“This is the strange magic of an arrangement of all the world’s knowledge in alphabetical order: any search for anything passes through things that have nothing in common with it but an initial letter.”
Artwork by Brian Dettmer. Courtesy the artist and P.P.O.W., New York City.

Number of people who attended the World Grits Festival, held in St. George, South Carolina, last spring:

60,000

The brown bears of Greece continued chewing through telephone poles.

In Peru, a 51-year-old activist became the first former sex worker to run for the national legislature. “I’m going to put order,” she said, “in that big brothel which is Congress.”

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Two Christmas Mornings of the Great War

By

Civilization masks us with a screen, from ourselves and from one another, with thin depth of unreality. We habitually live — do we not? — in a world self-created, half established, of false values arbitrarily upheld, largely inspired by misconception, misapprehension, wrong perspective, and defective proportion, misapplication.

Subscribe Today