The Senate and Phase Two Posted by Derek Chollet

Today an unusual thing happened in the U.S. Senate.  The normally well-scripted body, known for Senators inserting “colloquies” into the Congressional Record as though the debates really happened, went off the rails.  The Senate Democrats interrupted normal business and, without forewarning the Republicans, called a rare closed session to discuss intelligence in Iraq, sending the press into a frenzy.  Good for them.

The dispute in question is the so-called “Phase Two” of the Senate Intelligence Committee’s (or SSCI, pronounced in Hill-speak as “sissy”) investigation of intelligence about Iraq’s WMD programs.  “Phase One” of the Committee’s work was completed and released in July 2004, which focused on the collection and analysis of that intelligence.  At the time, the Democrats tried mightily to get the Committee investigators to turn to the more interesting questions – how policymakers in the White House actually used the intelligence they were given, or whether they knowingly manipulated it when presenting the case for war.  The Republicans on the Committee, led by their Chairman, Senator Pat Roberts of Kansas, pushed back, promising to pursue these issues down the road.  The Democrats knew that this slow-walking was a way to kill the effort, and have tried to pressure the other side to act ever since.

Last week’s Libby indictment provided the pretext they needed.  As Steve Clemons notes, this move was gutsy and important.  Roberts was flushed out (he certainly has been hearing from his Kansas constituents about Iraq, and my guess is that they are not happy), and announced that next week the SSCI will work continuously to “finish” Phase Two, which he claims they have been working on all along.  This is news to the SSCI’s ranking Democrat, Jay Rockefeller, who today placed his relaxed demeanor aside and put on a tough performance.  Is the logjam broken?  Who knows – as the timeline pasted below attests, the Democrats have been trying to get Roberts to move on this for years, to no avail.  As the 9-11 Commission report accurately put it, the Congressional oversight on intelligence is “dysfunctional.”  So we’ll see.

Iraq Intelligence Investigation Timeline

Attached is a chronology prepared by Democratic staff of the Senate Intelligence Committee about Democratic efforts to address the Administration’s misuse of intelligence.

For more than two years, Senate Democrats have pressed Republicans to address the misuse of intelligence.  At every turn, Republicans have blocked efforts to investigate how intelligence was used in the run-up to the war in Iraq.  Below details the long record established by Democrats to investigate this matter.

March 14, 2003 – Senator Rockefeller sent a letter to Director Mueller requesting an investigation into the origin of the Niger documents.

May 23, 2003 – Senators Roberts and Rockefeller sent a letter to the CIA and State Department Inspectors General to review issues related to the Niger documents.

June 2, 2003 – Senator Rockefeller issued a press release endorsing a statement made of the previous weekend by Senator Warner calling for a joint SSCI/SASC investigation.

June 4, 2003 – Senator Rockefeller issued a press release saying he would push for an investigation.  Senator Roberts issued a press release saying calls for an investigation are premature.

June 10, 2003 – Senator Rockefeller sent a letter to Senator Roberts asking for an investigation.

June 11, 2003 – All Committee Democrats signed a letter to Senator Roberts asking for a meeting of the Committee to discuss the question of authorizing an inquiry into the intelligence that formed the basis for going to war.

June 11, 2003 – Senator Roberts issued a press release saying this is routine committee oversight, and that criticism of the intelligence community is unwarranted.  Senator Rockefeller issued a press release calling the ongoing review inadequate.

June 20, 2003 – Senators Roberts and Rockefeller issued a joint press release laying out the scope of the inquiry.

August 13, 2003 – Senator Rockefeller sent a letter to Senator Roberts making 14 points about the investigation, asking to expand the inquiry to address the “use of intelligence by policy makers” and asking for several other actions.

September 9, 2003 – After press reports quoting Senator Roberts as saying the investigation was almost over, Senator Rockefeller sent a letter to Senator Roberts urging him not to rush to complete the investigation prematurely.

October 29, 2003 – Senators Roberts and Rockefeller sent a letter to Director Tenet expressing in strong terms that he should provide documents that have been requested and make individuals available.

October 30, 2003 – Senators Roberts and Rockefeller sent letters to Secretaries Rumsfeld and Powell, and National Security Advisor Rice expressing in strong terms that they should provide documents that have been requested and make individuals available.

October 31, 2003 – Senator Rockefeller sent a letter to Director Tenet asking for documents related to the interaction between intelligence and policy makers, including the documents from the Vice President’s office related to the Powell speech.

November 2, 2003 – Senator Roberts made statements during a joint television appearance with Senator Rockefeller claiming that the White house would provide all documents they jointly requested.

December 5, 2003 – Senator Rockefeller sent a letter to National Security Advisor Rice asking for her help getting documents and access to individuals.

January 22, 2004 – Senator Rockefeller sent a letter to Director Tenet asking for compliance with the Oct. 31 request for documents.

February 12, 2004 – Senators Roberts and Rockefeller issued a joint press release announcing the Committee’s unanimous approval of the expansion of the Iraq review, to include use of intelligence in the form of public statements, and listing other aspects of what became Phase II.

March 23, 2004 – Senator Rockefeller sent yet another letter to Director Tenet asking for compliance with the Oct. 31 request for documents.

June 17, 2004 – Senators Roberts and Rockefeller joint press release announcing the unanimous approval of the report.

July 16, 2004 – Committee Democrats sent a letter to Bush asking for the one page summary of the NIE prepared for Bush.  The Committee staff had been allowed to review it but could not take notes and the Committee was never given a copy.

February 3, 2005 – Senator Rockefeller sent a letter to Senator Roberts outlining Committee priorities for the coming year and encouraging completion of Phase II.

August 5, 2005 – Senator Rockefeller sent a letter to Senator Roberts expressing concern over the lack of progress on Phase II and calling for a draft to be presented to the Committee at a business meeting in September.

September 29, 2005 – All Committee Democrats joined in additional views to the annual Intelligence Authorization Bill criticizing the lack of progress on Phase II.

Comments

[John Penta]

I wouldn't mind the idea of proper closed sessions on stuff like, say, treaties, or armed services oversight.

...But this one just seems obnoxious. Was anything said in closed session that couldn't be said in open session? It's going to be a 1, maybe 2 day story. We all know that.

[J Thomas]

I doubt that anything was said that would compromise US military security.

Likely there was frank sincere discussion including things from both sides that would not have been said in public.

[John Penta]

Like what? How do we even know that?

Hey, so long as the journal of the session is sealed, they can "revise and extend" their remarks, and nobody would know.

So what proof do we have of even that?

[J Thomas]

John Penta, you wouldn't insist that diplomatic negotiations in wartime be public, would you?

Is this so much different?

[LYNNE KRINGLER]

It is now Jan 28, 2006. What is happening?

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