Senate Session on Security Erupts in Spying
Debate
NY Times
By SCOTT SHANE
February 3, 2006
WASHINGTON, Feb. 2 — Senate Democrats on Thursday angrily accused the
Bush administration of mounting a public relations campaign to defend the
National Security Agency's domestic surveillance program while withholding
details of the secret eavesdropping from Congressional oversight
committees.
An annual hearing on national security threats, led for the first time by
John D. Negroponte, director of national intelligence, was overtaken by
acrimonious partisan debate about the program. In response to the Democrats'
complaints, Republicans and top administration intelligence officials said the
real problem was leaks about N.S.A. eavesdropping and other classified
matters.
Senator John D. Rockefeller IV of West Virginia, the Senate Intelligence
Committee's ranking Democrat, compared the administration's public disclosures
of limited information about the N.S.A. program in the six weeks since it was
first disclosed to what he described as a similarly misleading use of
intelligence before the war in Iraq.
"I am deeply troubled by what I see as the administration's continued effort
to selectively release intelligence information that supports its policy or
political agenda while withholding equally pertinent information that does not
do that," Mr. Rockefeller said.
Another Democrat, Senator Dianne Feinstein of California, said the
administration had engaged in "consistent stonewalling" to prevent the
Intelligence and Judiciary Committees from carrying out their oversight duties.
Senator Carl Levin of Michigan, suggested the administration's public accounts
of the eavesdropping program were contradictory, noting that President Bush had
described the agency's interception, without court warrants, of "a few"
messages, while Michael Chertoff, the homeland security secretary, had referred
to "thousands" of messages.
But none of the Republicans on the panel joined the Democrats in their
criticism. And in a statement issued later, Senator Pat Roberts, the Kansas
Republican who is chairman of the committee, accused Mr. Rockefeller and other
Democrats of derailing the discussion about security threats with their
concerns about the eavesdropping program.
"I am concerned that some of my Democrat colleagues used this unique public
forum to make clear that they believe the gravest threat we face is not Osama
bin Laden and Al Qaeda, but rather the president of the United States," Mr.
Roberts said. "There is no doubt in my mind there are marching orders to the
minority members of this committee to question and attack, at every
opportunity, the president, the vice president, the secretary of state,
attorney general and now members of our intelligence agencies."
At the four-hour hearing, Mr. Negroponte and other senior intelligence
officials made clear that the decision to limit briefings on the eavesdropping
program to just eight members of Congress — the leaders of the Senate and
House and the heads of the Intelligence Committees from both parties —
had been made by President Bush and Vice President Dick Cheney. He also
objected to the Democrats' characterization of the program.
"This was not about domestic surveillance," Mr. Negroponte said. "It was
about dealing with the terrorist threat in the most agile and effective way
possible."
While the Senate Judiciary Committee has scheduled a public hearing next
week to explore legal issues surrounding the N.S.A. program, the entire Senate
Intelligence Committee has not yet been briefed on it. Mr. Roberts tried to
head off the Democratic attack by announcing that the panel would be briefed in
closed session on the program on Feb. 9 by Attorney General Alberto R. Gonzales
and Gen. Michael V. Hayden, principal deputy director of national intelligence.
In addition, he said, the committee would hold a closed business session on
Feb. 16 to discuss whether to hold further hearings or open an inquiry into the
program, as Mr. Rockefeller has urged.
Mr. Roberts and other Republicans said that the most serious issue was the
unauthorized leak of sensitive information on intelligence.
Porter J. Goss, the C.I.A. director, concurred, asserting that leaks had
done "very severe" damage to national security and declared that the leakers
would be found.
"I've called in the F.B.I., the Department of Justice," Mr. Goss said. "It
is my aim and it is my hope that we will witness a grand jury investigation
with reporters present, being asked to reveal who is leaking this
information."
Mr. Negroponte's recitation of a 25-page prepared text on threats to the
nation, including Al Qaeda as well as nuclear weapons programs of Iran and
North Korea, contained few surprises. He called terrorism the "pre-eminent
threat" and warned of the consequences of failure in the effort to create a
stable Iraq.
"We assess that should the jihadists thwart the Iraqis' efforts to establish
a stable political and security environment, they could secure an operational
base in Iraq and inspire sympathizers elsewhere to move beyond rhetoric to
attempt attacks against neighboring Middle Eastern nations, Europe, and even
the United States," said Mr. Negroponte, a former ambassador to Iraq.
But as soon as senators were permitted to question Mr. Negroponte and other
spy chiefs who flanked him, an emotional debate ensued over the conduct of the
intelligence agencies and the proper degree of public and Congressional
knowledge of their activities.
President Bush approved the eavesdropping without warrants shortly after the
2001 terrorist attacks, but since the program's existence was revealed in
December by The New York Times, some legal experts and members of Congress have
asserted that it violates the Foreign Intelligence Surveillance Act.
In a pointed exchange, Senator Russell D. Feingold, Democrat of Wisconsin,
asked Mr. Negroponte whether there were any other "intelligence collection"
programs that had not been revealed to the full Intelligence Committees.
Mr. Negroponte replied, "Senator, I don't know if I can comment on that in
open session."
In other action on national security, the Senate voted 95 to 1 on Thursday
night for a second five-week extension of the antiterrorism law known as the
USA Patriot Act. The extension, which was approved by the House on Wednesday,
now goes to President Bush to be signed into law. It gives negotiators until
March 10 to work out a deal.
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