No Comment — February 24, 2010, 12:20 pm

Roberts’s Idea of Oversight

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.

Share
Single Page

More from Scott Horton:

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.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

November 2014

Stop Hillary!

= Subscribers only.
Sign in here.
Subscribe here.

How the Islamic State was Won

= Subscribers only.
Sign in here.
Subscribe here.

Cage Wars

= Subscribers only.
Sign in here.
Subscribe here.

Everyday Grace

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Stop Hillary!·

= Subscribers only.
Sign in here.
Subscribe here.

"What Hillary will deliver, then, is more of the same. And that shouldn’t surprise us."
Photograph by Joe Raedle
Article
Cage Wars·

= Subscribers only.
Sign in here.
Subscribe here.

"In the 1970s, “Chickens’ Lib” was a handful of women in flower-print dresses holding signs, but in the past decade farm hens have become almost a national preoccupation."
Photograph by Adam Dickerson/Big Dutchman USA, courtesy Vande Bunte Farms
Article
Paradise Lost·

= Subscribers only.
Sign in here.
Subscribe here.

"Suffering Sappho! Here we still are, marching right into yet another century with our glass ceilings, unequal pay, unresolved work and child-care balance, and still marrying, forever marrying, men."
Illustration by Anthony Lister
Article
Off the Land·

= Subscribers only.
Sign in here.
Subscribe here.

"Nearly half the reservation lives below the poverty line, with unemployment as high as 60 percent, little to no infrastructure, few entitlements, a safety net that never was, no industry to speak of, and a housing crisis that has been dire not for five years but since the reservation’s founding in 1855."
Illustration by Stan Fellows
Post
Introducing the November 2014 Issue·

= Subscribers only.
Sign in here.
Subscribe here.

Doug Henwood on stopping Hillary Clinton, fighters and potential recruits discuss the rise of the Islamic State, the inevitability of factory farming, and more

Cover photo by Reuters/Jonathan Ernst

Average number of days an oiled seabird survives in the wild after cleaning and release:

6

Epilepsy drugs can extend the life of worms by 50 percent.

A deaf dog belonging to a deaf owner was shot and killed in Alabama, and an Indiana dog’s skin troubles were found to be caused by an allergy to humans. “It’s just not his fault,” said the owner of Lucky Dog Retreat.

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

HARPER’S FINEST

In Praise of Idleness

By

I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today