The CIA obtained a confidential email to Congress about alleged whistleblower retaliation related to the Senate’s classified report on the agency’s harsh interrogation program, triggering fears that the CIA has been intercepting the communications of officials who handle whistleblower cases. The CIA got hold of the legally protected email and other unspecified communications between whistleblower officials and lawmakers this spring, people familiar with the matter told McClatchy. It’s unclear how the agency obtained the material.
At the time, the CIA was embroiled in a furious behind-the-scenes battle with the Senate Intelligence Committee over the panel’s investigation of the agency’s interrogation program, including accusations that the CIA illegally monitored computers used in the five-year probe. The CIA has denied the charges. The email controversy points to holes in the intelligence community’s whistleblower protection systems and raises fresh questions about the extent to which intelligence agencies can elude congressional oversight. The email related to allegations that the agency’s inspector general, David Buckley, failed to properly investigate CIA retaliation against an agency official who cooperated in the committee’s probe, said the knowledgeable people, who asked not to be further identified because of the sensitivity of the matter.
Today's CIA employees have witnessed torturing colleagues in the agency get away with their crimes. They've watched Kiriakou go to jail after objecting to torture. Now, in the unlikely event that they weren't previously aware of it, they've been put on notice that if they engage in whistleblowing through internal channels, during the course of a Senate investigation into past illegal behavior by the CIA,
even then the protections theoretically owed them are little more than an illusion.
...
As Marcy Wheeler persuasively
argues, the CIA gains significant leverage over the executive branch every time it breaks the law together:
- Torture was authorized by a Presidential Finding—a fact Obama has already gone to extraordinary lengths to hide
- CIA has implied that its actions got sanction from that Finding, not the shoddy OLC memos or even the limits placed in those memos, and so the only measure of legality is President Bush’s (and the Presidency generally) continued approval of them
- CIA helped the (Obama) White House withhold documents implicating the White House from the Senate
Wheeler adds, "This is, I imagine, how Presidential Findings are supposed to work: by implicating both parties in outright crimes, it builds mutual complicity. And Obama’s claimed opposition to torture doesn’t offer him an out, because within days of his inauguration, CIA was killing civilians in Presidentially authorized drone strikes that clearly violate international law." Obama is similarly implicated in spying that violates the Fourth Amendment. When illegal behavior is endorsed by the president himself, when there is no penalty for blatantly lying to Congress about that behavior, how can internal channels prompt reform?