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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:
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Freddie Gray’s relatives arrived for the trial in the afternoon, after the prep-school kids had left. By their dress, they seemed to have just gotten off work in the medical and clerical fields. The family did not appear at ease in the courtroom. They winced and dropped their heads as William Porter and his fellow officer Zachary Novak testified to opening the doors of their police van last April and finding Freddie paralyzed, unresponsive, with mucus pooling at his mouth and nose. Four women and one man mournfully listened as the officers described needing to get gloves before they could touch him.
The first of six Baltimore police officers to be brought before the court for their treatment of Freddie Gray, a black twenty-five-year-old whose death in their custody was the immediate cause of the city’s uprising last spring, William Porter is young, black, and on trial. Here in this courtroom, in this city, in this nation, race and the future seem so intertwined as to be the same thing.
Minimum number of cats fitted with high-tech listening equipment in a 1967 CIA project:
Zoologists suggested that apes and humans share an ancestor who laughed.
A former prison in Philadelphia that has served as a horror-movie set was being prepared as a detention center for protesters arrested at the upcoming Democratic National Convention, and presumptive Republican presidential nominee Donald Trump fired his campaign manager.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”