Cheney under fire on secret terror project - Congress ‘kept in dark’ on CIA programme/Feinstein Says Law May Have Been Broken

Cheney under fire on secret terror project - Congress ‘kept in dark’ on CIA programme
By Sarah O’Connor in Washington
Copyright The Financial Times Limited 2009
Published: July 12 2009 21:36 | Last updated: July 12 2009 21:36
http://www.ft.com/cms/s/0/b386a0c8-6f21-11de-9109-00144feabdc0.html


Democratic senators on Sunday called for an investigation into reports that Dick Cheney, the former vice-president, instructed the Central Intelligence Agency not to tell Congress about a secret counter-terrorism programme.

Dianne Feinstein, chairman of the Senate intelligence committee, said on Fox news on Sunday that Congress “should have been told” about the CIA programme and that the vice-president should not be above the law.

Ms Feinstein confirmed reports over the weekend that Leon Panetta, CIA director, cancelled the project after learning about it and briefed Congress on it two weeks ago. “He was told that the vice-president had ordered that the programme not be briefed to the Congress,” she said.

According to reports, the secret project started eight years ago after the terrorist attacks on the US but never became operational.

Democratic figures were quick to voice their outrage. “The executive branch of government cannot create programmes like these . . .  and keep Congress in the dark,” said Dick Durbin, the majority Senate whip, on ABC television.

“It has to be done in an appropriate way so it doesn’t jeopardise our national security, but to have a massive programme that is concealed from the leaders in Congress is not only inappropriate; it could be illegal.”

Patrick Leahy, chairman of the Senate judiciary committee, said: “I think it’s impossible to just leave it lay when you have something like this. It’s either true or it’s not true . . .  nobody in this country is above the law.”

Republicans tried to play down the affair and defend Mr Cheney, who could not be reached for comment. “The president and the vice-president are the two people who have responsibility, ultimately, for the national security of the country. It is not out of the ordinary for the vice-president to be involved in an issue like this,” said Jon Kyl, minority whip in the Senate. “Let’s don’t jump to conclusions is what I’m saying.”

Mr Cheney advocated using harsh interrogation methods such as waterboarding on terrorism suspects and, since leaving office, has become a fierce critic of Barack Obama’s security policies. Some Republicans suggested on Sunday that Democrats were using the reports to demonise Mr Cheney over the interrogation affair, whilst bolstering Nancy Pelosi, House speaker, who has said the CIA had not briefed her fully on its interrogation methods.

Separate reports on Sunday said Eric Holder, the attorney general, was considering appointing a criminal prosecutor to investigate interrogation techniques used by the CIA during the presidency of George W. Bush.

The prosecutor would investigate interrogators who went beyond the advice of the justice department, while those that stayed within the department’s guidance would not be prosecuted, the reports said.



Feinstein Says Law May Have Been Broken
By MARIA NEWMAN
Copyright by The New York Times
Published: July 12, 2009
http://www.nytimes.com/2009/07/13/us/politics/13cheney.html?th&emc=th


Senator Dianne Feinstein, the chairwoman of the Senate Intelligence Committee, said on Sunday that the Bush administration may have broken the law if the Central Intelligence Agency concealed a covert spy program from Congress.

The New York Times reported on Sunday that the agency’s current director, Leon E. Panetta, had told the Senate and House intelligence committees that the C.I.A. withheld the information about a secret counterterrorism program on direct orders from then Vice President Dick Cheney.

The Times said that according to two people with direct knowledge of the matter, Panetta ended the program when he first learned of its existence from subordinates on June 23 and briefed the two intelligence committees about it in separate closed sessions the next day.

Ms. Feinstein, a Democrat of California, said on “Fox News Sunday” that Mr. Panetta had told senators last month about Mr. Cheney ordering that the program not be disclosed to Congress.

If Congress were kept in the dark, she said on Fox News Sunday, “that’s something that should never, ever happen again.”

Senator Richard Durbin of Illinois, a Democrat, said that “absolutely” warranted an investigation.

“The executive branch cannot create programs like this one and keep Congress in the dark,” he said on ABC’s “This Week.” “To give the president unbridled authority goes way beyond the United States Constitution.”

But Senator John S. McCain said he did not know enough about Mr. Cheney’s involvement to say whether laws had been broken.

“The vice president, I think, should obviously be heard from if the accusations are leveled in his direction,” he said on NBC’s “Meet the Press.” “I think it’s, frankly, too early for me to reach any conclusion.

Jon Kyl, like Mr. McCain a Republican from Arizona, also said that it’s too soon to say whether an investigation needs to take place.

“What if it’s a top-secret program?” he asked. “Let’s not jump to conclusions.”

He added: “Look, the president and the vice president are the two people who have responsibility, ultimately, for the national security of the country. It is not out of the ordinary for the vice president to be involved in an issue like this.”