Intelligence Committee Thwarted Inquiry of
the White House
Washington Post
GOP Angered by Closed Senate Session
By Charles Babington and Dafna Linzer Washington Post Staff Writers Wednesday,
November 2, 2005; Page A01
Democrats forced the Senate into a rare closed-door session yesterday,
infuriating Republicans but extracting from them a promise to speed up an
inquiry into the Bush administration's handling of intelligence about Iraq's
weapons in the run-up to the war.
With no warning in the mid-afternoon, the Senate's top Democrat invoked the
little-used Rule 21, which forced aides to turn off the chamber's cameras and
close its massive doors after evicting all visitors, reporters and most
staffers. Plans to bring in electronic-bug-sniffing dogs were dropped when it
became clear that senators would trade barbs but discuss no classified
information.
Republicans condemned the Democrats' maneuver, which marked the first time
in more than 25 years that one party had insisted on a closed session without
consulting the other party. But within two hours, Republicans appointed a
bipartisan panel to report on the progress of a Senate intelligence committee
report on prewar intelligence, which Democrats say has been delayed for nearly
a year.
"Finally, after months and months and months of begging, cajoling, writing
letters, we're finally going to be able to have phase two of the investigation
regarding how the intelligence was used to lead us into the intractable war in
Iraq," Minority Leader Harry M. Reid (D-Nev.) told reporters, claiming a rare
victory for Democrats in the GOP-controlled Congress.
Beneath the political pyrotechnics was an issue that has infuriated liberals
but flummoxed many of the Democratic lawmakers who voted three years ago to
approve the war: allegations that administration officials exaggerated Iraq's
weapons capabilities and terrorism ties and then resisted inquiries into the
intelligence failures. Friday's indictment of top White House aide I. Lewis
"Scooter" Libby on perjury and obstruction charges gave Democrats a new opening
to demand that more light be shed on these issues, including administration
efforts to discredit a key critic of the prewar claims of Iraq's weapons of
mass destruction.
Democrats were dismayed that President Bush made no apologies after the
indictment and that his naming of a new Supreme Court nominee Monday knocked
the Libby story off many front pages. As he stood on the Senate floor to demand
the closed session -- a motion not subject to a vote under the rule -- Reid
said Libby's grand jury indictment "asserts this administration engaged in
actions that both harmed our national security and are morally repugnant."
The usually unflappable majority leader, Bill Frist (R-Tenn.), was searching
for words to express his outrage to reporters a few minutes later. The Senate
"has been hijacked by the Democratic leadership," he said. "They have no
convictions, they have no principles, they have no ideas." Never before had he
been "slapped in the face with such an affront," he said, adding: "For the next
year and a half, I can't trust Senator Reid."
Frist seemed much calmer when the closed session ended. He agreed to a
six-senator bipartisan task force that will report by Nov. 14 on "the
intelligence committee's progress of the phase two review of the prewar
intelligence and its schedule for completion."
Committee Chairman Pat Roberts (R-Kan.) said the report was nearing
completion anyway, but Democrats disputed that. Committee Vice Chairman John D.
Rockefeller IV (D-W.Va.) began inquiring about the evidence against Iraq one
week before U.S. troops invaded in March 2003. His interest was sparked by
revelations that the Bush administration gave forged documents to U.N. weapons
inspectors to support allegations that Iraq had sought to buy a key ingredient
for nuclear weapons from the West African nation of Niger.
Roberts resisted a full investigation for three months. But in June 2003,
when it became increasingly apparent that no weapons of mass destruction were
being found in Iraq, the committee agreed to look into the intelligence cited
in the administration's case for war. In February 2004, senators agreed to a
second phase that would investigate the Bush administration's use of
intelligence and examine public statements made by key policymakers about the
threat posed by Iraq.
In July 2004, the committee issued the first phase of its bipartisan report,
which found the U.S. intelligence community had assembled a deeply flawed and
exaggerated assessment of Saddam Hussein's weapons capabilities. The second
phase was to focus on the administration's deliberations over the intelligence
or how it was used. Sources familiar with the committee's work said there has
been little examination of these topics to date.
The Defense Department's Office of Special Plans stopped cooperating with
the Senate panel in July of this year. Roberts said key officials hired lawyers
and stopped talking when Rockefeller suggested laws may have been broken. But
Democrats dismissed that as an excuse.
Authority to hold secret Senate sessions is provided in Article 1, Section 5
of the Constitution, and the Continental Congress met behind closed doors. But
the practice has ebbed in recent years. The most recent closed Senate session
was in February 1999 to deliberate President Bill Clinton's impeachment trial,
according to the Congressional Research Service, and that was done through a
bipartisan agreement.
Reid said he was forced to seek the closed session to spur action on the
investigation. "The only way we've been able to get their attention is to spend
3 1/2 hours in a closed session," he said. "It's a slap in the face to the
American people that this investigation has been stymied."
Rockefeller said Democratic requests for information related to the
investigation are routinely denied or ignored, and he suggested that the Senate
Republican leadership was under orders from the Bush administration not to
cooperate.
"Any time the intelligence committee pursued a line of inquiry that brought
us close to the role of the White House in all of this in the use of
intelligence prior to the war, our efforts have been thwarted time and time
again," Rockefeller said. "The very independence of the United States Congress
as a separate and coequal branch of the government has been called into
question."
Staff writer Shailagh Murray contributed to this report.
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