Yesterday on Countdown, Congresswoman Jane Harman boldly stated that the Director of National Intelligence Mike McConnell lied to Congress by claiming that there was an imminent threat against the Capital in order to pass the new FISA Law last month. But just as we've seen so many times before, the truth was far from obvious. In fact it was (deliberately?) buried beneath layer after layer of security and only after digging through these layers did Harman find that "the informant wasn't considered credible" by the very analysts that McConnel had sited.
If the informant wasn't credible why was McConnell spreading an unsubstantiated rumor around the halls of Congress?
To steal their power, that's why.
The day before Harman's appearance (which isn't yet available via transcript or video), Olbermann discussed her revelations with Bruce Fein.
Congresswoman Harman made her charge at a forum on the Foreign Intelligence Surveillance Act, FISA, conducted in Washington by the Center For American Progress. She says that on August 2nd, hours before lawmakers were to leave for a month long recess, word of specific intelligence led to increased security around the Capitol. Republican Congressman Zach Wamp of Tennessee said at the time, quote, the leaders of the committees of jurisdiction have been briefed on threats to the Capitol."
And in urging Congress to give Mr. Bush the extra spying powers he wanted, Senator Trent Lott said on that date that, quote, "the disaster could be on our doorstep." Congresswoman Harman said the unreliability of the so-called intelligence about the attack on the Capitol before the 9/11 anniversary was only made clear the very day lawmakers approved the temporary expansion of Bush‘s spy powers. "That specific intelligence claim, it turned out, was bogus," said Representative Harman. "The intelligence agencies knew that."
She added that the administration was guilty of a "Rovian strategy of using terrorism as a wedge political issue." Talk about the nexus of politics and terror.
After Judge Ann Digg Taylor struck down the Administration circumvention of the FISA Law as being both unconstitutional and illegal, the Bushies managed to actually scare up a single FISA judge (whom many suspect may have been the ulta-neo-conservative John D. Bates) who was willing to authorize the program under FISA. Yet just a few months later the veritable rubber-stamp court had ruled twice against the Bush Administration program forcing them to seek a warrant for each and every wiretap.
To which of course the Administration cried and screamed "foul" at the top of their lungs like a NBA Coach in the Playoffs!
In May, a judge on the same court went further, telling the administration flatly that the law's wording required the government to get a warrant whenever a fixed wire is involved.
The rulings — which were not disclosed publicly until the congressional debate this month — represented an unusual rift between the court and the U.S. intelligence community. They led top intelligence officials to conclude, a senior official said, that "you can’t tell what this court is going to do" and helped provoke the White House to insist that Congress essentially strip the court of any jurisdiction over U.S. surveillance of communications between foreigners.
"All of a sudden, the world flipped upside down," said a senior administration official familiar with the rulings.
So naturally their solution is simply to remove the umpire and instead have the HOME TEAM make all the calls. Yeah, that's certain to ensure a fair and "just" result. And they did it by trying to scare the bejeezus out of Congress by claiming they were about be attacked at the Capital. Their own lives were supposedly "on the line."
Yeah, sure.
More from Harman's via Thinkprogress.
"I think [Congress] made a mistake," Harman said of Congress’s passage of FISA changes shortly before the August recess. Highlighting the need to rein in the recent unchecked expansion of power, Harman issued a challenge to her colleagues in Congress:
Congress must act. Congress is on trial here. I think we did the wrong thing in August. We have to correct it this fall.
Watch it:
Harman urged the need to restore "the 4th Amendment to the Constitution, which prevents searches and seizures of Americans without probable cause."
We've seen this strategery so many times before. This is how the Iraq War was started in the first place, when Congress was given a National Intelligence whose classified section included a vigourous dissent on the veracity of the Niger Uranium and Aluminum Tube claims.
Who would've expected that you could trust what Colin Powell would say before the U.N.? Who could have predicted that each and every allegation would turn out to be bogus - and that long before his presentation there was ample information providing doubt (such the fact that al-Libi and Curveball couldn't be trust) which were known to analyst at the Defense Intelligence Agency and field CIA people such as Tyler Drumheller but where either bullheadedly ignored or deliberally hidden by those at the head of the Administration.
Yet again with General Petreaus we've seen the exact same Powell strategy replayed, the facts that fit their view of the world are those they Administration lackeys like Petreaus - impervious to criticism (or common frickin sense) in his finest Military dress green - spout pseudo "fact" after "fact" to make the case for doing exactly what they're going to be doing anyway. It doesn't matter what the GAO, the most recent NIE and the Congressional Research Service says - just like it didn't matter what Tyler Drumheller tried to tell Deputy DCI McLaughlin about Curveball.
But it matters to Jane Harman, she's done here what she should have done. Dig hard until you find the facts.
Unfortunately Harman's efforts were too little and too late at the time, Congress did shift the ability to decided "fair and foul" from the independant court judicial referees to the Department of Justice's Home Team Lawyers - at least for the next six months.
Yet McConnell is already back before Congress with his hand out for more power, claiming that simply discussing FISA in public could Kill Americans (even after he was caught in yet another lie when he claimed that the new law helped stop the recent german terrorist plot), still playing the fear card like some magic ace of spades that can trump anything, even fact and reality.
It's high time that we stopped letting these cheap confidence artists get away with it and finally call "Bullshit" on that noise as Harman has done. Maybe we should let her know we appreciate her efforts?
Phone Numbers to Office of Jane Harman:
Washington
Phone: (202) 225 8220
Fax: (202) 226 7290
El Segundo
2321 E. Rosecrans Avenue, Suite 3270
El Segundo, CA 90245
Phone: (310) 643 3636
Fax: (310) 643 6445
Send Jane Harman an Email through her Site.
(In full disclosure, I am not a constituant of Ms. Harman's but her El Segundo Offices are literally right down the street from my home just about 4 miles away)
Update: Harman's appearance on Countdown.Vyan
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