When CIA nominee John Brennan faced the Senate Select Committee on So-Called Intelligence on Thursday, countless critical and cutting questions had been prepared by bloggers and journalists. None of them were asked.
Brennan might have been asked why he’d lied about the killing of bin Laden or about the murder by drone program. He had claimed that every target was known, even though he was fully aware that people were being targeted without identifying them (using so-called signature strikes). He had claimed that there were zero collateral deaths, even though independent reports have produced hundreds of names, identities, and photographs, and even though the U.S. Ambassador in Pakistan told a delegation of peace activists that there was a U.S. government count of civilian deaths and he wouldn’t reveal what it was.
Brennan might have been asked how in the world it can be legal, according to a “white paper” leaked on Monday, for a “high official” to order the murder of a human being, American or non-American, without judicial or legislative or public or international oversight — or even with such oversight. He might have been asked if he is one such high official. He might have been asked whether there was a memo to justify the murder of the three Americans thus far known to have been intentionally murdered, since none of them seem to fit the qualifications laid out in the “white paper.” He might have been asked what the procedure would be if two “high officials” disagreed on the desirability of murdering a particular American. He might have been asked what authority would certify that a targeted victim could not be captured rather than killed. He might have been confronted with the rise in hostility toward the U.S. government being generated. He might have been asked about the United Nations investigation of the murder by drone program as criminal.
We Virginians were represented in the hearing room by Senator Mark Warner. He claimed what he called the “honor” of introducing the nominee, and expressed his pride that Brennan lives in Virginia along with much of the “intelligence community.” Warner hyped his effort to create a U.S. Intelligence Professionals Day (which presumably we’ll celebrate silently in our minds), praised Brennan in the vaguest of terms by reading through his resume, declared him ready to be confirmed pre-questioning, and outrageously asserted that Brennan backed “greater transparency” and “adherence to the rule of law.” A major news story in the preceding 24 hours had been the White House’s refusal to tell the public or even the legislature exactly what it was pretending that the law was.
The most informative and valuable portion of the hearing was produced by Toby Blome, Ann Wright, David Barrows, JoAnn Lingle, Alli McCracken, Eve Tetaz, Joan Nicholson, and Jonathan Tucker, who took turns interrupting the proceedings to ask what needed to be asked. The message that some Americans do not favor murdering children abroad was thus communicated to the world. Many others were prepared to add their voices in that room, but Chairwoman Feinstein kicked everyone out except for a handful of Good Americans, and the hearing proceeded with a mostly empty room. The “Intelligence” Committee is of course used to holding hearings in an entirely empty room with the door locked.
Senator Warner’s chance to ask questions, despite having already declared his support, would come later in the hearing. By that point, Warner had to work with not only Brennan’s pathetic written answers to a series of weak questions presented to him prior to the hearing, but all of his answers to other Senators during the hearing up to that point. Remarkably, during the hearing, on more than one occasion, Brennan claimed to have believed (despite voluminous public evidence) that torture was an effective tool. He did not claim to have believed that as a child, or to have believed it 10 years ago. He claimed to have believed it up until last week when he took the time to read part of the Senate committee’s report, as he had been shamed and pressured into doing. He said he was shocked to learn that torture was not an effective tool. Also during the hearing, before Warner’s turn came, Brennan repeatedly refused to call waterboarding torture and claimed that only a lawyer could make that judgment. Note that he was asking to direct an agency involved in torturing people, identifying himself as a non-lawyer, and declaring that only a lawyer could determine what torture was. Brennan also, by the time Warner’s turn came around, had refused to list the nations in which the United States is murdering people. He had also repeatedly confessed to having had “inside control” of the underwear bomber.
When Warner’s 8 minutes began, one might think he would have had something important to ask about. Couldn’t you have thought of SOMETHING if it was you? Even without prior experience on the committee (or law school) might you not have thought of something, ANYTHING, significant to ask about? Wouldn’t you have asked specific detailed questions about past performance, about torture, rendition, warrantless spying, lying, or killing people? Aren’t any of those topics worth touching on?
Warner framed his first question as a rambling, time-swallowing speech. His question was: how can we be sure the CIA director is well informed? The general vague answer he got to this line of questioning matched the generality and vagueness of the question. If Mark Warner is afraid a CIA director might be uninformed, why not ask Brennan if he knows significant facts? Why not ask him how many people have been killed and where? Why not ask him how many are on the list to be killed? Why not ask him what the criteria are for getting on the list? Why not ask how young the youngest person on the kill list is? Why not express any concern that an “informed high official” might be killing people with the same level of “intelligence” that put so many people into Guantanamo who have since been exonerated of any guilt?
Instead Mark Warner turned to vague questions about the federal budget. Brennan’s response included hyping the extensive “intelligence” efforts within the “defense” department. Wow, what an opening! The Pentagon is not supposed to be doing the “intelligence” work. Everyone knows how disastrously the Pentagon violated that rule in the lead up to the invasion of Iraq. Surely Warner would jump at this bait.
Warner instead moved on to asking Brennan, as many of his colleagues had already, how exactly Brennan would conduct himself in answering questions from the committee if, after he was confirmed, they were to actually ask him any questions.
By the time Warner might have had a second turn to question the witness, Warner was nowhere to be seen.
He will however be seen at the University of Virginia on Monday and if you sign up you can attend. Maybe YOU can think of something to ask HIM. If you need ideas for what to ask and how, or just want to attend as a group, you should get together with a concerned citizen who’s planning to attend by emailing shepherd@digitalelite.com
Caricature by DonkeyHotey licensed under Creative Commons




17 Comments

Thank y ofou for a powerful and eloquent comment of the kind that your name suggests. Having read this “White Paper,”
I would say that it is an all too good example of an impeachable offense: subversion of the Constitution. Essentially it returns to the powers of the old Privy Council in England to conduct torture “unofficially” with racks and assorted tools of the trade even while the common law prohibited such methods.
Some of the 20th-century historical texts take an apologist attitude: “Back then, they didn’t have modern law enforcement agencies and techniques for gathering and analyzing evidence, so torture was a reasonable substitute.” Even back then, of course, some people recognized that torture was mainly calculated to make people confess to whatever the torturer might want to hear, including acts of witchcraft.
A grim part of the Obama Administration policy is that “infeasibility of capture” may, in practice, mean political inconvenience in negotiating issues regarding the detention of actual or supposed “terrorists” at Guantanamo or elsewhere. So the policy seems premised on the idea that targeted murders will be less politically costly than the detention of suspects and the possible operation of due process of law.
Your lament about the less than adequate representation of the people of Virginia could apply to many other regions also. Thank you for continuing our struggle!
… good takes and need to be seen and said thoughts DS … stay with it.
Commended.
Recommended.
I truly appreciate this summary, by the way, since I didn’t see any of the hearing and was wondering what happened. Great to read in conjunction with Marcy’s post on DiFi’s turn:
http://www.emptywheel.net/2013/02/07/one-of-just-four-overseers-on-drone-targeting-believes-first-amendment-protected-activities-merit-execution/
Yes Obama has outdone Dubya in the impeachable offenses category
A lot of us keep trying to convince folks of that, Dave Swanson. ;) Including Dave Lindorff, which I’m sure you’ve seen.
Rec’d.
Thank you very much, David Swanson!
“Chairwoman Feinstein kicked everyone out except for a handful of Good Americans, and the hearing proceeded with a mostly empty room. “
That was what I guessed, watching c-span, that large numbers of people did get up in support of the protests and file out of the room. While very clearly, in spite of Feinstein’s command that the room be emptied and screened audience members permitted back in other than Code Pink protesters, here and there people simply remained in their seats. Then, the hearing continued, not waiting for any returnees, and we were not allowed to see in the time I was watching, how few people actually remained, trained not to gasp or shudder at the farce that was continuing. (It takes a village.)
Martin Heinrich was making his debut and his performance was shocking. He actually invited Brennan to come to New Mexico – oh yes, please, we would so love to have you – not! And like a mechanical doll he went back to a question about torture (which was mindlessly played over and over on the local news, lookey lookey.)
Very much recommended.
Thanks, DS, and BTW you were great on al-Jazeera’s Inside Story the other night.
I especially agree with you on the value produced by Toby Blome et al.; as I said yesterday (@ 5 here), I think their protest was the only legitimate part of the affair.
John Brennan appears to be suffering from dementia. In his speeches and testimony he seems to assert counterfactual fantasies that are easily checked and refuted, e.g., that there have been no civilian casualties of our drone program and that Bin Laden put up a firefight and used one of his wives as a human shield. Why would anyone who has such a tenuous grip on reality in charge of a national intelligence program? Does he have dirt on Obama that would upset Michelle?
Currently, John Brennan is Barack Obama’s “counterterrorism czar,” which is a very interesting title. When we send a missile to block another missile, preventing it from hitting its target, we call it an “antimissile,” not a “countermissile.” The prefix “counter” generally means something done in the opposite direction, as in “counterattack” or “counterpunch.” So, technically “counterterrorism” would mean terrorism in the opposite direction.
Just to be clear:
And, anyone who has been paying attention knows that that is exactly how our drone program, of which Brennan has been a key architect, is being conducted, with attacks against weddings, funerals, and double-tap strikes against rescuers (a characteristic terrorist tactic).
So, now, Barack Obama wants to put a terrorist in charge of the CIA. Personally, I don’t think that’s such a good idea. In fact, I don’t think giving the Nobel Peace Prize to Obama, and I recommend that the Nobel Committee consider rescinding it.
This all goes back to the coup of 2000 election and the overthrow of the US Constitution, now in the dustbins of history.
Thank you, David.
Another gag reflex-triggering Obama nominee.
He has been described as Obama’s “go to guy,” too.
On the bright side, 2012 was the first election of my life in which I did not vote Democrat and I liked voting Green so much that I can barely wait until the next election.
Hopefully in 2014 Warner will be leaving the Senate. He’s a huge disappointment of a Senator and one of the wonderful Senate members that believes that Burger King workers should forgo retirement so that Mark’s friends don’t have to pay more for the wars that were started under W and continued under this admin.
Mark Warner encapsulates in his empty suit all that is wrong
with the modern Democratic Party.
Love it or leave it. As some of us have …
Senator Feinstein seemed pretty upset about Mr. Brennan being treated so rudely by those mean old protestors, but she should be grateful they didnt ask any questions about her husband Richard C. Blum’s war profiteering:
“Blum currently holds over 111,000 shares of stock in URS Corporation, which is now one of the top defense contractors in the United States. Blum is an acting director of URS, which bought EG&G, a leading provider of technical services and management to the U.S. military, from The Carlyle Group in 2002. Carlyle’s trusty advisers, past and present, include former President George H.W. Bush, James Baker, and ex-SEC Commissioner Arthur Levitt, among other prominent neoconservatives and Washington power brokers.
URS and Blum have since banked on the Iraq war, scoring a phat $600 million contract through EG&G. As a result, URS has seen its stock price more than triple since the war began in March 2003. Blum has cashed in over $2 million on this venture alone and another $100 million for his investment firm.
Above holdings are from 2006, and Blum has changed his investment strategies since then. Even so, 2003-2006 was a peak period for cashing in on the “war on terror.”
http://www.antiwar.com/frank/?articleid=8618
David, I think we need to take the long view here. After all, Brennan isn’t the first public official to be shocked by things he should ostensibly have known about.
The difference between the success of this nomination of the same man for the same job from four years ago and now is like viewing the apparent motion of a fixed landmark as the bad ground you’ve built your house on slides inexorably toward a precipice.
“Random, time-swallowing” speeches are what your senior Senator is best at, though. Always has been. It’s his speciality.
Book Salon up with Sam Pizzigati’s The Rich Don’t Always Win: The Forgotten Triumph over Plutocracy that Created the American Middle Class hosted by John Cavanagh