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It’s reasonably clear now that between 2002 and the beginning of 2007, congressional oversight of the intelligence community simply went out of business. While there have been signs of life since 2007, they’ve been minimal. Scott Shane writes about recently surfaced evidence that Senator Pat Roberts (R-Kan.) winked at the destruction of waterboarding tapes and stonewalled serious examination of the use of torture techniques by the CIA:
At a closed briefing in 2003, the chairman of the Senate Intelligence Committee raised no objection to a C.I.A. plan to destroy videotapes of brutal interrogations, according to secret documents released Monday. The senator, Pat Roberts, Republican of Kansas, also rejected a proposal to have his committee conduct its own assessment of the agency’s harsh interrogation methods, which included wall-slamming and waterboarding, the documents say.
But Mr. Roberts, through a spokesman, denied having approved the destruction of the videotapes, which is under criminal investigation, and defended his record in overseeing the interrogation program. His assertions were backed by his former staff director on the Intelligence Committee, William D. Duhnke, who said that while the senator had not objected to the tapes’ destruction, he was “in receive mode” and was simply listening to get the facts about the interrogation program, which he was learning about for the first time.
According to a memorandum prepared after the Feb. 4, 2003, briefing by the C.I.A.’s director of Congressional affairs, Stanley M. Moskowitz, Scott Muller, then the agency’s general counsel, explained that the interrogations were reported in detailed agency cables and that officials intended to destroy the videotapes as soon as the agency’s inspector general completed a review of them. “Senator Roberts listened carefully and gave his assent,” the C.I.A. memo says.
The legal maxim is, of course, that “silence implies consent.” It was incumbent on Senator Roberts to raise an objection, either at the hearing or afterwards. He did not do so. Roberts and his committee abdicated their responsibility of oversight.
More from Scott Horton:
No Comment — November 4, 2013, 5:17 pm
An expert panel concludes that the Pentagon and the CIA ordered physicians to violate the Hippocratic Oath
No Comment — August 12, 2013, 7:55 am
How will the Obama Administration handle Edward Snowden’s case in the long term?
No Comment — July 29, 2013, 11:36 am
Is it possible to simply disband the partisan FISA court?
Fleming awoke in the dark and his room felt loose, sloshing so badly he gripped the bed. From his window there was nothing but a hallway, and if he craned his neck, a blown lightbulb swung into view. The room pitched up and down and for a moment he thought he might be sick. The word “hallway” must have a nautical name. Why didn’t they supply a glossary for this cruise? Probably they had, in the welcome packet he’d failed to read. A glossary. A history of the boat, which would be referred to as a ship. Sunny biographies of the captain and crew, who had always dreamed of this life. Lobotomized histories of the islands they’d visit. Who else had sailed this way. Famous suckwads from the past, slicing through this very water on wooden longships.
A welcome packet, the literary genre most likely to succeed in the new millennium. Why not read about a community you don’t belong to, that doesn’t actually exist, a captain and crew who are, in reality, if that isn’t too much of a downer on your vacation, as indifferent to one another as any set of co-employees at an office or bank? Read doctored personal statements from underpaid crew members — because ocean life pays better than money! — who hate their lives but have been forced to buy into the mythology of working on a boat, separated now from loved ones and friends, growing lonelier by the second, even while they wait on you and follow your every order.
Rank of Detroit among major U.S. cities whose residents give the largest portion of their income to charity:
A South Dakota researcher concluded that only scant blood spatter results when chain saws are used to dismember pigs.
Four people were arrested for using a remote-controlled hexacopter to fly two pounds of tobacco to prisoners inside the yard at Calhoun State Prison in Georgia.
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Our congratulations to Alice Munro, winner of the 2013 Nobel Prize for Literature