http://www.tompaine.com/articles/hail_hail_the_gangs_all_here.phpHail, Hail The Gang's All Here
Ray McGovern
February 18, 2005
The appointment of John Negroponte to be director of National Intelligence is the latest evidence that President Bush is strengthening his cabinet's capacity to mislead Congress and trample civil liberties. Ray McGovern, 27-year veteran of the CIA, examines the meaning of the Negroponte appointment and the dark trend it confirms.
Lost in all the hand-wringing about lack of intelligence sharing is the fact that the CIA and the FBI have been kept separate and distinct entities for very good reason—first and foremost, to protect civil liberties. But now, under the intelligence reform legislation, the DNI will have under his aegis not only the entire CIA—whose operatives are skilled at breaking (foreign) law—but also a major part of the FBI, whose agents are carefully trained not to violate constitutional protections or otherwise go beyond the law. (That is why the FBI agents at Guantanamo judged it necessary to report the abuses they saw.)
This is one area that gives cause for serious concern lest, for example, the law enjoining CIA from any domestic investigative or police power be eroded. Those old enough to remember the Vietnam War and operation COINTELPRO have a real-life reminder of what can happen when lines of jurisdiction are blurred and “super-patriots” are given carte blanche to pursue citizen “dissidents”—particularly in time of war.
Aware of these dangers and eager to prevent the creation of the president’s own Gestapo, both the 9/11 Commission and Congress proposed creation of an oversight board to safeguard civil liberties. Nice idea. But by the time the legislation passed last December, the powers and independence of the “Privacy and Civil Liberties Oversight Board” had been so watered down as to be a laughingstock. For example, the Board’s access to information from government agencies requires the approval of the DNI and the attorney general, who can withhold information from the Board for a variety of reasons—among them the familiar “national security interests.” In addition, the Board lacks subpoena power over third parties. Clearly, if the Board does not have unfettered access to information on sensitive law enforcement or intelligence gathering initiatives, the role of the Board (primarily oversight and guidance) becomes window dressing. In short, the Board has been made lame before it could take its first step.
“What the hell do we care; what the hell do we care” is the familiar second line of “Hail, Hail, the Gang’s All Here.” Suffice it to say that, with Chertoff, Abrams and now Negroponte back in town, those concerned to protect civil liberties here at home and to advance them abroad need to care a whole lot.
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Ray McGovern, a CIA analyst from 1963 to 1990, is co-founder of Veteran Intelligence Professionals for Sanity. He chaired National Intelligence Estimates in addition to preparing the president’s Daily Brief.