Executive Branch
Did Cheney Break the Law by Hiding CIA Program from Congress?
Posted Jul 13, 2009 6:12 AM CST
By Debra Cassens Weiss
A report this weekend says former Vice President Dick Cheney told the CIA to withhold information from Congress about a secret counterterrorism program, raising questions about whether such an order violates the law.
Two unidentified sources told the New York Times that the new CIA director, Leon Panetta, has halted the program and has told congressional intelligence committees that they were not previously told of the program because of orders by Cheney.
Sen. Dianne Feinstein, D-Calif., chairwoman of the Senate Intelligence Committee, told FOX News Sunday that, if the report is true, the Bush administration may have broken the law, FOX News reports. The New York Times also covered the comments in a separate story.
The amended National Security Act of 1947 says the president should keep the intelligence committees “fully and currently informed of the intelligence activities of the United States, including any significant anticipated intelligence activity,” the Times says.
But the law is not absolute: It provides that briefings should be done “to the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters.”
The law also allows for more limited disclosure—to the leaders of both houses of Congress and the heads of the intelligence committees—for CIA covert programs.

Comments
B. McLeod
Jul 13, 2009 6:22 AM CST
What? He hid a pogrom? Oh, “program.” (Constitution and law thingies kept getting in his way).
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pedro
Jul 13, 2009 7:07 AM CST
I don’t know but i can’t wait for the next president in 2012 to investigate the war crimes committed by Obama and members of his staff.
Pakistan has never attacked the US, yet Obama has been sending more drones into Pakistan than Bush did.
Obama and his cronies will one day have to answer for the all assanation and murders they committed on inocent women and children.
Obama is a war criminal.
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B. McLeod
Jul 13, 2009 7:45 AM CST
Maybe the drones are just another instance of the CIA continuing to follow Dick Cheney’s orders, without telling the CIA Director, or the President, or Congress.
I wonder if they’re still running any secret programs for Nixon.
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J.D.
Jul 13, 2009 7:49 AM CST
Considering Sen. Dick Durbin was referring to American service men and women as “Nazis” from the Senate floor during wartime, it’s no surprise the CIA and White House only wanted to disclose what was absolutely necessary to disclose.
The only sentence that matters: Briefings should be done “to the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters.”
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E.P.
Jul 13, 2009 8:11 AM CST
Obama is a war criminal?
Since when?The President is sending drones into Pakistan to kill Al-Queda how in the world does that make him a war Criminal?
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pedro
Jul 13, 2009 10:07 AM CST
EP - Obama has killed inocent women and children in Pakistan! Their blood is on Obama’s hands. What law justifies Obama attacking villiages in Pakistan?
Why doesn’t Obama bomb saudia arabia, egypt, the united states, iran, etc? They have Al-Queda there too?
What gives Obama the right to pick and chose which women and children he will kill today?
What gives any American president the right to bomb another country without first declaring war?
Has Obama declared war on Pakistan?
When is Obama going to declare war on Pakistan?
Obama is a war criminal!
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Abraham Ben Judea
Jul 13, 2009 3:02 PM CST
I tried to give a link to Pedro as to how the Drones adquire the targets. How ever this moderator thought the link is spam. Bad Doggie Bad, No supper for you.
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Chris
Jul 13, 2009 10:00 PM CST
From what little we know of this program, it never actually did anything. It planned for missions to kill Al Quaeda leaders, but never actually did so. If that’s the case, than this may not meed the definition of “Covert Action” in 50 USC 413b(e), because there was never any sort of action or activity, merely planning for an action or activity which was never carried out.
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B. McLeod
Jul 15, 2009 12:00 AM CST
But isn’t suspicion of “planning” (without actually doing) enough to waterboard or beat the Hell out someone, or try them for federal crimes?
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B. McLeod
Jul 15, 2009 12:03 AM CST
Or kidnap them and send them to foreign countries, to be tortured into confessing their wrongful thoughts? Since Dick Cheney believes in all these things, shouldn’t he benefit from them equally?
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Dan Francis
Jul 15, 2009 7:39 PM CST
It is obvious that former VP Cheney did break the 1947 law that says clearly: “... National Security Act of 1947 says the president shall keep the intelligence committees “fully and currently informed of the intelligence activities of the United States, including any significant anticipated intelligence activity.”
Sen. Whitehouse and many others say Cheney did break the law, but since there is no enforcement mechanism in place (in that law) that he will not be prosecuted.
I am not a lawyer, but I am not stupid, either. How can that be? Slick lawyers I guess - that’s why so many are in congress and government today… to keep what (not honesty) in place. This is a sickening set of ciircumstances that only John Yoo can appreciate.
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B. McLeod
Jul 17, 2009 1:50 AM CST
We should, perhaps, revive the ancient Greek democratic rite of ostracism. Here, we have a Dick who seems to be ambitious, power hungry, merciless, ruthless, dishonest, blood thirsty, sociopathic and perhaps, even traitorous. Should he not be hurrried forth from our borders? Perhaps to Brazil or Switzerland, where, I imagine, he might find a few old friends.
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