A counterintelligence program that was kept secret from Congress for years seems like the sort of activity that should have been disclosed to select intelligence committee lawmakers.
Though the program remains highly classified and apparently was never fully operational, it’s still deeply troubling to consider that the Bush administration’s Central Intelligence Agency may have, at the direction of former Vice President Dick Cheney, illegally or improperly kept Congress in the dark.
However, we don’t think, given what is publicly known, there is enough justification for this program to be the catalyst for a wide-ranging exhumation of several different Bush-era national security policies.
If Congress were to engage in such an inquiry, more would have to be known about this particular program, and there should be a compelling public policy purpose served by delving, en masse, into a smorgasbord of national security issues.
The initiative, first disclosed by The New York Times, was kept secret for eight years. The Wall Street Journal later reported the aim of the program, which was not fully operational, was to kill al-Qaeda members.
The National Security Act of 1947 requires the president to ensure congressional intelligence committees are kept fully apprised of U.S. intelligence activities, including anticipated activities. But the law leaves wiggle room by allowing that such disclosures should be done, to the extent possible, with regard for protection from unauthorized disclosure.
When CIA director Leon Panetta found out about the program last month, he quashed the effort and briefed congressional intelligence committees about it the next day in separate, classified meetings.
Though little is publicly known about the program, that Panetta immediately went to lawmakers suggests it was an important initiative.Furthermore, Cheney, if he indeed ordered that it not be disclosed to Congress, likely would not be involved in something of minor significance.
By Monday afternoon, news broke that the House Intelligence Committee was planning an investigation into assertions the CIA hid the covert program from lawmakers.
We think those intelligence committee members ought to get to the bottom of whether they were treated in accordance with the law where this program is concerned. The dustup is the latest incident in a longstanding conflict between the legislative and administrative branches over how much the White House must tell Congress about intelligence operations.
However, the revelations have been embraced by lawmakers who want to investigate the former administration on a number of fronts, including interrogation techniques and warrantless wiretapping.
President Obama has been hesitant about engaging in such a wide-ranging investigation of Bush-era programs, and for good reason. The damage already has been done, and it would divert attention from his own agenda. It also would widen the partisan divides he has tried to bridge.
It wouldn’t be surprising to find out the former administration, with its expansionist views of presidential power, improperly or perhaps illegally withheld information from Congress. But at this point, we believe the matter ought to be addressed separately, in the right forum, and not lumped in with other disputes Congress has had with the White House.
