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To: Sully- who wrote (75)11/18/2003 4:38:30 AM
From: Sully-  Respond to of 35834
 
Memo splits Intelligence Committee

November 17, 2003

BY ROBERT NOVAK SUN-TIMES COLUMNIST

Partisan animosity that has brought operations of the Senate Select Committee on Intelligence to a standstill reached new depths on Nov. 5. The committee's Democratic vice chairman, Sen. Jay Rockefeller of West Virginia, went on Lou Dobbs' CNN program to say flatly he had not ordered the staff memorandum outlining a confrontational election year strategy on Iraq.

The Republican chairman, Sen. Pat Roberts of Kansas, was startled. He told his staff that Rockefeller told him he personally ordered aides to give him ''options'' -- an order that produced the infamous memo. To the plain-spoken ex-Marine, trust had been breached. His committee will conduct no hearings until some Democrat -- preferably Rockefeller -- disavows the memo's contents. That is not about to happen.

Neither Roberts nor Rockefeller is a natural partisan brawler, and each would prefer amiable cooperation in overseeing the nation's intelligence agencies. But Rockefeller is pressured by a Senate Democratic caucus that, facing slim chances of regaining majority status any time soon, insists on undermining President Bush's decision to go to war in Iraq. Roberts is unable to follow his normal inclinations to make peace.

The memo setting forth a political strategy for Intelligence Committee Democrats cannot be written off, as Democratic senators try to do, as the work of one possibly errant staffer. It represents dominant political thinking inside the committee by Michigan's Sen. Carl Levin, one of the more partisan members of the U.S. Senate.

Roberts informed nonpartisan staffers that Rockefeller had informed him he had requested ''options.'' The memo's only option actually was a plan for Democrats to ''castigate'' their Republican colleagues and ''pull the trigger'' on a 2004 independent investigation of politicized intelligence.

That is why Roberts was so disturbed by Rockefeller's Nov. 5 interview. Dobbs: ''Did you order the drafting of this memo?'' Rockefeller: ''No, I didn't.'' Dobbs: ''Do you know who did?'' Rockefeller: ''No, I mean it wasn't ordered.'' To Roberts, that effective repudiation of their private conversation ended the Intelligence Committee's tenure as a politics-free haven.

Storm clouds first appeared during the 2001-2002 interregnum of a Democratic majority when Sen. Bob Graham of Florida became chairman. He proposed that the Intelligence Committee staff for the first time be divided evenly, into majority and minority staffs. He failed. Otherwise, however, he was given a free hand by his Republican vice chairman.

After Republicans regained Senate control in the 2002 elections and term limits imposed new leadership on the Intelligence Committee, Senate Democratic Leader Tom Daschle insisted on an end to nonpartisanship. As the new vice chairman, Rockefeller followed the party line by demanding half the staff, which was the real cause for delayed reorganization of the Senate under GOP leadership.

On a personal basis, Roberts gets along well with Rockefeller (and bonded with him on a trip to Iraq earlier in the year). He likes the multimillionaire scion of the famous Republican family, describing Rockefeller's high-flown pronouncements as ''ethereal.'' But their relationship now is strained to the breaking point.

The partisan tone among the committee's Democrats has been sounded by Levin and his lieutenant, Sen. Richard Durbin of Illinois. Levin set the line on "Fox News Sunday" on Nov. 9: ''Did the administration, knowing what they knew, with daily briefings, exaggerate the intelligence [about Iraq]? The chairman of this committee and the Republicans refuse to look at the administration's use of exaggeration of intelligence.''

The point Levin wants to pursue is that intelligence professionals were pressured by Bush officials to distort their findings. The committee's nonpartisan staff has come up with no such information and has had no such complaints from whistleblowers in the intelligence community. Democratic demands to leap over the staff produced the memo that has laid waste the Senate Intelligence Committee.

suntimes.com



To: Sully- who wrote (75)11/18/2003 8:09:36 PM
From: Sully-  Respond to of 35834
 
America is at war.

We are at war against the network of international terrorists who committed the mass murders of 9/11. We are at war against the survivors of Saddam Hussein's regime, and against the remnants of the Taliban in Afghanistan. Americans have died, and continue to die in this struggle.

The leadership of the Democratic Party is also at war.
However, their war is against President George W. Bush. And this war is the highest priority of Democratic decision-makers -- even within the traditionally nonpartisan Senate Select Committee on Intelligence.

On November 5, 2003, Americans were given an unprecedented look inside the Democrats' war, when Fox News published an astoundingly revealing memorandum from within the Senate Select Committee on Intelligence, describing how Democrats on the Committee intend to use their positions, influence, and access to information - not to help win the war on terror, or to protect American citizens - but to undermine the Bush Administration. The memo describes their agreement to launch an "independent investigation" as a means to that end, timed to coincide with the 2004 presidential campaign.

The purpose of a real investigation, of course, is to gather information, analyze it, and arrive at a conclusion. But the memo makes it clear that the Democrats on the Intelligence Committee have already reached their conclusions. This "investigation" is a sham, intended purely to support and publicize their political agenda.

By signing onto this scheme, the Democratic members of the Senate Committee on Intelligence have abused their positions, undercut American troops and agents in the field, and violated their oaths of office.

This must not stand.

intelmemo.com



To: Sully- who wrote (75)11/18/2003 8:11:52 PM
From: Sully-  Respond to of 35834
 
By law, all Senators-elect must take the following oath to support and defend the Constitution:

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

intelmemo.com



To: Sully- who wrote (75)11/18/2003 8:13:34 PM
From: Sully-  Respond to of 35834
 
<font size=5>If what has happened here is not treason, it is its first cousin. The ones responsible - be they staff or elected or both - should be dealt with quickly and severely sending a lesson to all that this kind of action will not be tolerated, ignored or excused. Heads should roll! -- Senator Zell Miller

The Select Committee on Intelligence was established to be nonpartisan in nature, in which Congress could perform critical oversight of the intelligence activities of the United States. This nonpartisan environment was, and is, a crucial feature. -- Senator Saxby Chambliss.

This strategy memo lays bare what we've started to see for some time: an orchestrated effort by Democrats at a time of war to improperly use an intelligence investigation as a weapon against President Bush. -- Senator Jon Kyl

The sequence of steps proposed in this partisan battle plan for the committee itself is without question intended to sow doubt, to abuse the fairness of the committee chairman, Senator Pat Roberts, to undermine the standing of the Commander in Chief at a time of war, and to launch a partisan investigation through next year to continue into the elections. -- Senator Bill Frist
<font size=3>
Doesn't the minority have a right, in the secret confines of the Intelligence Committee room, to have pieces of paper there that aren't going to be pilfered by the majority? -- Senator Harry Reid

Some people on the other side have said this is just an options memo tossed up for review. I have been around here for a few years, and a staff person on his or her own doesn't write a memo saying: We have carefully reviewed our options under the rules and we believe we have identified the best approach. Our plan is as follows. -- Senator Kit Bond

Our committee staff of the Select Committee on Intelligence has the complete knowledge of the most significant, serious secrets of this country. They have to be above reproach. -- Senator Jon Kyl

I was stunned by this memo, shocked by this memo. We have a 30- year history in the Intelligence Committee of nonpartisan activity, dating clear back from the Frank Church days. And what this memo has done is really poisoned the well. -- Senator Pat Roberts

Has it been created, or is it really a rift? There are created rifts and there are rifts, and I'm not sure which category this falls into. -- Senator Jay Rockefeller

What has occurred in the Intelligence Committee was not a simple misunderstanding over policy or a mild disagreement about philosophy or oversight responsibilities. Far from it. What occurred was a direct assault on the heart of what makes the Intelligence Committee a unique and credible and respected entity in behalf of our national security. -- Senator Pat Roberts

The information that is spoken of in the Intelligence Committee, the memos, letters, and other information that is in the Intelligence Committee, has to remain secret. That wasn't done in this instance. -- Senator Harry Reid
<font size=4>
Democrats had the audacity to suggest the Senate investigate how these attack plans might have been obtained - the equivalent of offenders blaming the cops because they got caught. This effort at spin control is patently absurd in any event, since by Senator Rockefeller's own admission, this strategy memo was not an official committee document and certainly contained no intelligence information. -- Senator Jon Kyl
<font size=3>
The memo clearly reflects staff frustration with the conduct of the investigation and the difficulties of obtaining information from the administration. -- Senator Jay Rockefeller
<font size=4>
It is time for Senate Republicans to recognize that the Pat Leahys and the Jay Rockefellers, the Barbara Boxers and the Carl Levins are not there to help the Republicans advance the national security interests of the United States. -- Hugh Hewitt

In our political system, Congressional oversight of our intelligence agencies is arguably necessary, sometimes even useful. But for that to be true it has to be mature oversight conducted by grownups, and not by political hacks willing to put election advantage above the vital needs of intelligence. -- Editor, Wall Street Journal

The Democrats who sit on one of the most sensitive and important bodies in our government have apparently decided that gathering, assessing and analyzing intelligence is less important than booting this president from office. -- Oliver North

The Democratic memo reveals that much of what the media has been focusing on for the past six months has been a set-up job. The staff and Democratic members of the Senate Intelligence Committee have been selling story after story (think the Niger yellowcake and "imminent" threat controversies). Out of whole cloth, they have contrived an ambiguous but ominous speculation about the Bush administration's sinister motives for invading Iraq. Now, through this one memo, they have been revealed as nothing short of cynical political operatives. And the reporters who ran with their hints are revealed as breathless and easily manipulated amateurs. -- Hugh Hewitt

For the most part, influential newspapers like the New York Times, Washington Post, Chicago Tribune and Los Angeles Times buried stories on the memo deep inside their pages. It's hard to imagine that these newspapers would have been so nonchalant had someone uncovered a Republican plot to use an intelligence inquiry to help win a presidential election. Why, that's the stuff of which Pulitzer Prizes are made. -- Linda Chavez

If those people are still in the room handling intelligence given to us by other nations so that they can undermine our commander in chief, that misuse of intelligence is unacceptable. -- Senator Bill Frist

This is one of those committees that you should never, ever have anything politicized because you're dealing with the lives of our soldiers and our citizens. -- Senator Zell Miller

There is nothing a terrorist likes better than seeing discord, disharmony, and political infighting among the people they are trying to terrorize. -- Senator Kit Bond
<font size=3>
intelmemo.com



To: Sully- who wrote (75)11/18/2003 8:25:18 PM
From: Sully-  Respond to of 35834
 
A Panel Above Politics

By Pat Roberts
Thursday, November 13, 2003; Page A31

The Senate Select Committee on Intelligence is conducting a comprehensive review of prewar intelligence on Saddam Hussein's weapons of mass destruction programs and his ties to terrorist groups. We are evaluating the quantity and quality of intelligence as well as the reasonableness of the judgments reached by the intelligence community.

We are also focusing on whether anyone was pressured to tailor or change his or her analysis to conform to a specific policy goal. Finally, we intend to conclude whether the intelligence community's judgments were correct, after David Kay completes his search for weapons of mass destruction in Iraq.

Committee staff members have reviewed thousands of pages of documents and interviewed more than 100 analysts and experts. It is probably the most comprehensive review of intelligence since the creation of the committee in 1976. Notwithstanding this monumental effort, Democrats have been calling for an expansion of the committee's review to include the "use" of intelligence by Bush administration policymakers.

While this sounds reasonable on the surface, it conceals a more nefarious intent. A memo written by the committee's Democratic staff, revealed in the press last week, makes clear that the minority's goal is to prejudge and use the committee's review and what the memo describes as "vague notions regarding the use of intelligence" to "castigate" the Republican members of the committee and conduct a partisan attack on the president. I will not allow this to happen.

As chairman, I must ensure that the intelligence committee conducts its oversight in a responsible, nonpartisan manner. While the committee was set up to be as immune from political pressures as possible, it requires member discipline to preserve that heritage. If we give in to the temptation to exploit our good offices for political gain, we cannot expect our intelligence professionals to entrust us with our nation's most sensitive information. You can be sure that foreign intelligence services will stop cooperating with our intelligence agencies the first time they see their secrets appear in our media.

Despite the strong request of Senate Majority Leader Bill Frist (R-Tenn.), to date not one Democrat, save Sen. Zell Miller of Georgia, has publicly repudiated the attack plan laid out in the memorandum. I can reach only one conclusion from this silence: that they have decided to put partisanship ahead of our nation's security in this matter.

What if there had not been such a memo? Should the committee then be looking at the administration's "use" of intelligence? The threshold question for the committee should be whether our intelligence agencies produced reasonable and accurate analysis, not how that intelligence was used by policymakers.

There is no doubt how the intelligence was used. It was used by President Bill Clinton to insist on weapons inspections and to launch Operation Desert Fox when inspectors were compelled to leave because Hussein refused to cooperate. It was used by President Clinton and President Bush to keep Hussein in a box by enforcing the northern and southern "no-fly" zones. It was used by the United Nations to pass resolution after resolution insisting that Hussein disarm. Ultimately it was used by this administration and this Congress to present a case to the world that Hussein had to be disarmed once and for all.

There are no secrets here -- nothing to review. Intelligence information was used publicly, and it will not take a Senate committee to evaluate whether that information was accurately portrayed by public officials.

The committee's review is examining whether the intelligence community's assessments were accurate and justified based on the intelligence available at the time. When our review is complete, we will present our judgments to Congress and the public, which can then decide for themselves whether the intelligence was accurately represented by government officials.

My predecessors had the wisdom and foresight to create a committee intended to be above partisan politics so it could be an effective and credible watchdog. It is now apparent that the Democrats planned to undermine the integrity of the committee by conducting a partisan attack, which threatens to destroy the credibility of an institution that has served the U.S. Senate and the nation well for nearly 30 years. I oppose them and for this I make no apologies.

The writer, a Republican senator from Kansas, is chairman of the Senate Select Committee on Intelligence.

© 2003 The Washington Post Company

washingtonpost.com



To: Sully- who wrote (75)11/18/2003 8:26:23 PM
From: Sully-  Respond to of 35834
 
The Media and the Memo
By Hugh Hewitt
Weekly Standard | November 13, 2003


SEAN HANNITY'S big scoop is not generating the headlines it ought to. The memo Hannity obtained and made public that details the plans by Democratic staff on the Senate Intelligence Committee to politicize the committee's investigations in the service of partisan politics far overshadows in importance Secretary of Defense Don Rumsfeld's memo pushing the Pentagon to think about the hard problems ahead in the war on terrorism, but it has received significantly less attention than the Rumsfeld memo did.

Why?

Three reasons could account for the disparity in treatment:

The most obvious explanation is that elite media is populated by left-leaning reporters and editors not inclined to throw spotlights on a memo the contents of which Democratic senator Zell Miller has called the "first cousin of treason."

A second explanation focuses on the fact that Hannity--a radio and television guy, not a print fellow--got the scoop, and newspapers hate being upstaged by talking heads.

The third theory is the most plausible: The Democratic memo reveals that much of what the media has been focusing on for the past six months has been a set-up job. The staff and Democratic members of the Senate Intelligence Committee have been selling story after story (think the Niger yellowcake and "imminent" threat controversies). Out of whole cloth, they have contrived an ambiguous but ominous speculation about the Bush administration's sinister motives for invading Iraq. Now, through this one memo, they have been revealed as nothing short of cynical political operatives. And the reporters who ran with their hints are revealed as breathless and easily manipulated amateurs.

The media has to ignore the memo because to focus on it would be to focus on their own gullibility.

There is no escaping the hard fact that the Democratic staff embraced the "verdict first, trial later" approach to oversight. They were on a mission to undermine the president and his administration, no matter what the intelligence showed or will show, and the senators did nothing to reign in their out-of-control staff.

The committee's Democratic members are discredited, as are their previous and future attacks on the president. When it comes to the national security, the statements of Democratic senators simply cannot be trusted. The proof is in the memo.


--------------------------------------------------------------------------------
Hugh Hewitt is the host of The Hugh Hewitt Show, a nationally syndicated radio talkshow, and a contributing writer for The Weekly Standard.
frontpagemag.com



To: Sully- who wrote (75)11/18/2003 8:31:29 PM
From: Sully-  Respond to of 35834
 
Media Bias and Arrogance – A Tale of Two Scandals

Bernard Goldberg says the disparity in the mainstream media’s treatment of two recent Washington dustups clearly demonstrates his point about media "Bias"
(discussed in his first book) and "Arrogance" (outlined in his current best seller). And Sen. Zell Miller, D-Ga., accuses his party of "goose-stepping" toward electoral disaster.

Goldberg’s comments came in an exclusive interview with NewsMax at the National Press Club’s annual Book Fair in Washington.

When the Democrats thought they had finally snared the Bush administration in an uproar over a leak to columnist Robert Novak about the identity of a mere policy analyst at the CIA, the networks trumpeted the story every hour on the hour for several days.

Even with all of that ballyhoo, the story has petered out, as the administration has launched an investigation.

Contrast that with the media treatment of a leaked memo written by a Democrat staffer on the Senate Intelligence Committee dealing with the far more serious allegation that Democrats on the committee have crafted a master plan to use intelligence information available to the supposedly "nonpartisan" panel to undercut the commander in chief during a time of war. All this while American men and women are putting their lives on the line.

That story was prominently covered by NewsMax.com, the Washington Times, Fox News, radio talk show host Sean Hannity (who broke the story) and a few other conservative outlets, but was barely touched by the big networks or major metropolitan dailies.

"Since most journalists – nobody would argue with this – are liberal, they see things through a liberal prism,” the former CBS correspondent told NewsMax’s Wes Vernon.

"If Bob Novak, a conservative, did anything controversial, they’re going to go after him, and they’re going to make an issue of it," he said.

"If a Democratic senator from West Virginia [Jay Rockefeller, who reportedly authorized the staff memo] was involved in something, they see it in a totally different context."

The media elite "live in an elite bubble," according to Goldberg, "and inside this bubble, just about everybody agrees with everybody else on just about everything."

What is needed is "more people in there with different points of view" so that the very question raised by NewsMax would be addressed by them. "There’s nobody to ask the question that you just asked me," the author added.

Later that same evening, just a few blocks away, Sen. Zell Miller, D-Ga., chided his fellow Democrats for marching in a "goose step" on issues ranging from filibustering judges to national security to the Rockefeller-authorized memo.

At a book party celebrating his best seller "A National Party No More," the senator noted that Democrat leaders have all but written off the South. If party chairman Terry McAuliffe or House Minority Leader Nancy Pelosi were to travel down South and try to sell the people there on the national party’s leadership positions, the results "would be a disaster," he opined.

You cannot ignore a third of the country "and call yourself a national party," he told the crowded hotel ballroom just one block from the White House.

Miller was introduced by former Rep. Jack Kemp, R-N.Y., who praised the senator’s support of President Bush’s tax cuts.

Comparing them to the tax cuts of Democrat President Kennedy in the ’60s, Kemp – the 1996 GOP vice presidential candidate – intoned, "I’m a Republican, but I revere John F. Kennedy."

Miller said the current Democrat presidential hopefuls are less like Kennedy and more like George McGovern and Walter Mondale, each of whom carried just one state in 1972 and 1984, respectively.

newsmax.com



To: Sully- who wrote (75)11/18/2003 8:35:48 PM
From: Sully-  Respond to of 35834
 
TITLE: POLITICIZING THE SENATE INTELLIGENCE COMMITTEE

CONGRESSIONAL RECORD -- SENATE CONGRESSIONAL RECORD -- SENATE

SPEAKER: Mr. FRIST; Mr. WARNER; Mr. BOND; Mr. CHAMBLISS; Mr. ROBERTS; Mr. KYL; Mr. REID

Mr. FRIST . Mr. President, I want to spend the next several minutes commenting on a matter that I regard, as majority leader of this body, to be one that is very serious. As is the case with a number of my colleagues, in fact, most of the U.S. Senators, we have been given the opportunity to reflect on the publication of a very disturbing internal memorandum, a memorandum that lays out a blatant, partisan strategy to use the Senate Intelligence Committee to politically wound the President of the United States.

That is unacceptable. There is really no other way to read this memo. I am deeply disappointed that anyone -- that anyone --would have a plan to so politicize the Intelligence Committee of the U.S. Senate, to render it incapable of meeting its responsibilities to this institution, to the U.S. Senate, and, indeed, to the American people.

Moreover -- I had hesitated to come to the floor to address this directly, but now is the time to do that -- the response by those behind this memo has been miserably inadequate, has been disappointing, and has been disturbing.

We are at a time of peril in our Nation's history. As our intelligence agencies and our Armed Forces in the Middle East are at war against our mortal enemies, those responsible for this memo appear to be -- and anybody can read this memo. It is available now. The copy I have here is actually on the FOXNews Web site. But if you read it, those responsible for this memo appear to be more focused on winning the White House for their party than on winning the war against terror.

Those priorities are wrong. They are dead wrong.

As majority leader of the U.S. Senate, as one responsible for preserving the integrity of this institution and the direction of this institution, it is incumbent upon me to make sure we address this matter properly, appropriately, and adequately.

In the aftermath of the war in Iraq, the failure thus far to find deployed weapons of mass destruction is a legitimate matter for inquiry by this body, this institution, for our colleagues. After all, for nearly 10 years -- throughout the 8-year tenure of President Clinton and the first 2 years of President Bush -- the U.S. Congress and the White House were given a steady flow of information by the intelligence community that suggested such weapons did exist.

In fact, it was this information that precipitated, in 1998, the U.S. military attack Operation Desert Fox, ordered by President Clinton at that time, and, in part, Operation Iraqi Freedom, ordered by President Bush in 2003.

Thus, if there is incomplete or imprecise information that had been provided to President Clinton or President Bush and the U.S. Congress over a 10-year period, the intelligence community should be asked to explain. That is what the Intelligence Committee is expected to do; it is really charged by this body to do; and that is exactly -- that is exactly -- what Senator Roberts, chairman of the Intelligence Committee, set out to do.

Last spring, Senator Roberts, as chairman of the Intelligence Committee, made a commitment, jointly with Senator Rockefeller, to conduct a thorough review of U.S. intelligence on the existence of and the threat posed by Iraq's weapons of mass destruction programs.

The review was also intended to cover Iraq's ties to terrorist groups, Saddam Hussein's threat to stability and security in the region, and his violations of human rights, including the demonstrated actual use of weapons of mass destruction; namely, chemical weapons against his own people.

The review was intended to examine the quantity of information, the quality of U.S. intelligence, the objectivity, the independence, the accuracy of the judgments reached by the intelligence community, whether or not those judgments were properly disseminated to policymakers in the executive branch, as well as to this body and the Congress, and whether any influence was brought to bear on anyone to shape the analysis to support policy objectives.

Thus, that was the initial charge and what, in fact, has occurred over the past 5 months. The Intelligence Committee staff has reviewed thousands of documents. It has interviewed over 100 individuals, including private citizens and analysts and senior officials with the Central Intelligence Agency, with the National Security Council, with the Defense Intelligence Agency, with the State Department's Bureau of Intelligence and Research, and even the United Nations. [*S14255]

It is indisputable the chairman of that Intelligence Committee, Senator Roberts, has complied in good faith with the nonpartisan -- the nonpartisan -- commitment which he made to his Democratic colleagues. Most recently, this nonpartisan commitment was manifest, once again, in a series of very direct, no-nonsense letters directed to the administration, demanding the immediate production of documents and interviews necessary to move the Iraq review forward.

Senator Rockefeller, himself, formally recognized, on the floor of the Senate, the fundamental good work performed thus far when, on November 5, he stated on this floor, and I quote:

I have been vocal in my appreciation of the absolutely excellent job done to date by the staff on the aspects of the investigation they have been asked to perform, which is reviewing the prewar Iraqi intelligence. They have done a superb job, absolutely superb job.

The words of Senator Rockefeller.

The chairman of the committee, Senator Roberts, has acted with the utmost attention to that nonpartisan tradition of this critically important Intelligence Committee. That nonpartisan tradition -- and it is unusual to have nonpartisan traditions in this body -- but it has always been preserved, for good reason, in that Intelligence Committee.

The tradition is reflected in the committee's founding resolution, S. Res. 400, enacted in 1976, as a result of nationwide concerns at that time about intelligence activities in earlier years. The committee's nonpartisan tradition has been carefully cultivated and respected over time, over all these years, by its members. The tradition is part and parcel of the committee's rules, which extend the prerogatives of the minority, that are not found in any other committee in this body.

For a quarter century there has been a consensus in the Senate that the committee's nonpartisan tradition must be carefully safeguarded. Nothing less is acceptable. Why? Because this committee deals with information that is unique, that is privileged information, because of the dangerous and sensitive nature of the subject matter for which the Intelligence Committee, this committee, has unique oversight.

I come to the floor because that critical tradition has now been willfully attacked.

How can I say that? By this memo. You read the memo. The Senate Select Committee on Intelligence has been harmed by a blatant partisan attack. I have no earthly idea who wrote this memo. I do know why. I don't know who it was intended for, but I do know why. If you read the memo, you can look. It is a sequence of steps spelled out. The sequence of steps proposed in this partisan battle plan for the committee itself is without question intended to sow doubt, to abuse the fairness of the committee chairman, Senator Pat Roberts, to undermine the standing of the Commander in Chief at a time of war, and to launch a partisan investigation through next year to continue into the elections.

The memo lays clear that over the past several months there has been a partisan design at work "to pull along the majority." According to the memo, the good will, the sense of fairness, the nonpartisan approach of the chairman of the committee, Senator Roberts, is still seen as providing ample "opportunity to usefully collaborate" in attacking the President of the United States. That is an abuse of the chairman of that very committee. This whole idea of leading that chairman or the committee along is simply unacceptable and out of the spirit of this committee. Again, it is something we simply cannot tolerate.

Finally, in the memo the author proposes that once the committee can be duped no longer, a partisan core of Senators can "pull the trigger" on another investigation.

The Senate Select Committee on Intelligence simply cannot function. Worse than that, it cannot fulfill its purpose for us without a complete understanding of what is at work in this matter. I thought it would come forward over the last 48 hours, but it simply has not. That is unacceptable.

Thus I suggest we take the following three steps. First, I don't know who wrote this memo, but as majority leader of the Senate, I do ask the author or authors to step forward, to identify himself or herself or, if there are several people, to stand up with that information for the full Senate. We would be much better equipped to understand the level of intent behind this partisan strategy as well as the depth of the problem within the committee itself.

It is necessary to know who the memo was intended to go to, who was to receive that memo. It was obviously written as a strategy. Who was that memo to be delivered to? Was it intended for political purposes beyond what is permitted in the Senate rules? Second, it is reasonable to expect, I think -- in fact, I know -- that the author or authors and the designated recipient or recipients disavow once and for all this partisan attack in its entirety. It is hard to believe this disavowal has not come forward given what is at stake. The Senate cannot permit a committee chairman with the integrity of Senator Pat Roberts to be subjected to such abuse. The Senate as an institution should not permit a committee upon which all of us are so dependent -- because of its privileged status with access to information, we are dependent on that committee to make decisions -- to be so misused or potentially misused for partisan purposes.

Third, I expect there to be a personal apology to the chairman of the Intelligence Committee, Senator Roberts, for the manipulative tone and the injurious content of this document. Senator Roberts is one of this body's most distinguished Members. He is a friend. He is a trustedcolleague. He served in this body for 7 years, rising to that position of trust as chairman of one of the Senate's most respected, most important, most critical committees, especially at this time of war. Senator Roberts, with his straight-talking manner, has the complete trust of colleagues on both sides of the aisle. He served this Nation in uniform, in the Marine Corps, in the House of Representatives. His integrity is unimpeachable. He is doing an outstanding job as chairman of the Intelligence Committee.

But only with the fulfillment of the three steps I outlined -- No. 1, who wrote it and who was the intended recipient; No. 2, a total disavowal of the writing of this and, more importantly, the intent of this memo; and No. 3, an apology to the chairman -- will it be possible for this important committee to resume its work in an effective manner, in a bipartisan manner, a manner that is deserving of the confidence of 100 Members in the Senate as well as the confidence of the executive branch.

In light of this partisan attack, Chairman Roberts and I have taken the opportunity to discuss the scope of the unfinished work on the review of the prewar intelligence in Iraq. It is our view that the committee's review is nearly complete. Together we have called upon the administration to provide the remaining requested materials. We have jointly determined that the committee can and will complete its review this year.

To the authors of this memo, there will be no more pulling along and no more useful collaboration on partisan schemes, borrowing from the malicious intent of this memo.

This must be addressed forthrightly. I call upon my colleagues to pay attention to this memo. It is something we can resolve and we must resolve over the coming days.

<<rest @>>

intelmemo.com



To: Sully- who wrote (75)12/15/2003 7:46:28 PM
From: Sully-  Respond to of 35834
 
Leaked memo sparks cries of news media bias

By Charles Hurt
THE WASHINGTON TIMES
<font size=4>
Republicans say there is a double standard in the way the press has covered the story about internal Democratic memos that revealed the coziness between liberal interest groups and Democrats on the Senate Judiciary Committee.

While many newspaper and broadcast journalists have done stories about how the memos wound up in the Wall Street Journal and The Washington Times, few have covered the content of the memos.

In addition to providing a glimpse into how special interest groups exert influence in the judicial nominations process, the memos also point to something more sinister, sources who have read the documents say.

One memo, written by two staffers of Sen. Edward M. Kennedy, Massachusetts Democrat, outlines a strategy for stalling one of President Bush's nominees to the 6th Circuit U.S. Court of Appeals until after the panel had ruled on the landmark University of Michigan affirmative action case. The staffers endorse the plan and explain the concerns that a Bush nominee on that panel might vote against the affirmative action case.

The nomination of Judge Julia S. Gibbons was held up until after the 6th Circuit ruled 5-4 in support of affirmative action.

Tim Graham, a journalism expert for the conservative Media Research Center, blames a liberal bias by reporters and editors for the dearth of stories about the content of the memos.

"Leaks which make liberals look bad aren't as interesting or newsworthy to liberal reporters as leaks that make the Bush administration look bad," he said.
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Many Judiciary Committee Republicans recalled this
summer when a cache of internal documents purloined from
the Republican Attorneys General Association wound up in
the hands of Democrats on the committee. After being
leaked to the Washington Post, the paper published an
extensive story — one that was later corrected — based on
the documents. Barely mentioned were the furious calls by
Republicans that an investigation be made into how the
documents were obtained.

Some Democrats on the committee defended the woman who
took the documents as "a whistleblower." In the case of
the leaked judiciary memos, Democrats have demanded an
extensive investigation.
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"There's a more fundamental issue here," said Joe Shoemaker, spokesman for Sen. Richard J. Durbin, Illinois Democrat and member of the Judiciary Committee. "There's a serious breach of security with regards to the Senate computer system."

Now it appears the memos may have been improperly downloaded from a Senate computer network, and Democrats worry that confidential information about nominees gleaned from background checks could be vulnerable as well.
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Some Republicans see the same double standard between the judiciary memos and the stories earlier this year that led to former Senate Majority Leader Trent Lott, Mississippi Republican, resigning his leadership post after he suggested America would be better off if former Sen. Strom Thurmond had been elected president in 1948 when he ran as a segregationist.

They point to a memo written by a Durbin staffer that provides an evaluation of a number of Bush nominees from the perspective of "civil rights leaders." One of those nominees is District attorney Miguel Estrada, who withdrew his nomination to the U.S. Circuit Court of Appeals for the District of Columbia after an eight-month Democrat-led filibuster.

"I'm surprised that the media has not picked up on the fact that Sen. Durbin opposed Miguel Estrada because he is Hispanic," said Tom Fitton, president of Judicial Watch who has read the memos. "That to me is a big story."

"Trent Lott was knocked out of office for much less," Mr. Fitton said. "His remarks, however incorrect, didn't touch directly on race. Sen. Durbin's do."

Mr. Shoemaker called the comment "spurious" and "race-baiting," pointing out that Mr. Durbin has enjoyed many endorsements from the Hispanic community and recommended a Hispanic nominee that President Clinton named to the Illinois federal bench.

"Lott made those remarks and Durbin didn't make these," he said, noting that it was a memo written by a staff member.
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washtimes.com



To: Sully- who wrote (75)3/5/2004 5:34:58 PM
From: Sully-  Respond to of 35834
 
Message 19884735



To: Sully- who wrote (75)3/11/2004 4:10:37 PM
From: Sully-  Read Replies (1) | Respond to of 35834
 
What Wrongdoing?

Hate to say it, but: There is no there there.

By Manuel Miranda

Washington never ceases to amuse. Sen. Patrick Leahy (D., Vt.), himself no stranger to leaking, is furious that Democrat staff memos on politicizing judicial confirmations were read and disclosed. The fact that Republicans (including myself) read Democrats' documents on an open server to which they had an affirmative grant of access does not stop his histrionics.

Just as amusing, the Washington Post ran two recent editorials indignant that Republicans had read and leaked the Democratic memos. But <font size=4>where was the media sanctimony when, during the Clarence Thomas nomination battle, the Post took illegal possession of the Anita Hill documents, or in other cases of unethical conduct that have embarrassed Republicans?

Unlike the Democratic judiciary memos, the Anita Hill documents were "classified"; their disclosure was a crime. In contrast, the Democratic memos currently under discussion were neither "classified" nor "confidential" under the Senate's own rules. In addition, functionally, the computer server literally "served" them to Republican staffers; no hacking, no stealing.

In fact, the Code of Ethics for Government Service states that it is a government employee's duty to "expose corruption wherever discovered." This is a whistleblower provision that eliminates any doubt as to the ethical obligations of Senate employees who read documentation of wrongdoing. How would corruption be otherwise discovered?
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Do government wrongdoers usually call in their staff to witness or proofread their wrongdoing? Of course not. Corruption will always be discovered through the inadvertence of the wrongdoer. Congress has given every government employee free agency.

Democrats need to be reminded of other things in this "Memogate-less" scandal as well, and the first GOP senator who does will be due wide applause. First, Democrats should get a refresher course in the doctrine of unclean hands — that even an aggrieved party should "not be heard to complain" if their own hands are dirty. This principle would be well applied by Republicans to the political kabuki dance that we call the Senate Judiciary Committee. It will take one GOP senator to remind the American people, in a loud voice, of the stream of indignities and abuses that Democrats have introduced into the confirmation process.

This includes heinous acts, such as painting Charles Pickering as a racist and blocking Miguel Estrada because, as one Democrat memo put it, "he is Latino," as well as the abuse of the Constitution itself through the misuse of the filibuster to prevent honest up or down votes.

Next, Democrats need to stop carping about their invidious documents. Most children come to understand shame at an early age. Rather than showing embarrassment, Senate Democrats seem fixated on taking down the names of everyone who might have seen them with their pants down.
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As for Republicans, they need to read Senate Rule 29.5 and its legislative history. That rule says what is okay to leak to the Post and what is not. It was expanded after Democrats unlawfully leaked the Anita Hill documents. Former Democratic Majority Leader George Mitchell laid out its limited purpose "to protect the privacy and other interests of individuals and organizations who provide information or are the subject of inquiry." Mitchell defined "confidential" as "information received in closed session, information obtained in the confidential phases of investigations, and classified national security information." The rule's expansion did not protect confidences of individual senators, or the party caucuses.

In short, the Senate protects official business, but not the illicit activity that the Democrat memos display. Such partisan collusion is not the official business of the United States Senate and is therefore not protected.

Democrats think so too. In late 2001, Sen. Ted Kennedy's (D., Mass.) counsel got hold of a Republican strategy memo. She promptly distributed it, and then denied doing so. Her colleagues leaked it to newspapers. She then wrote talking points for Kennedy saying: "There was no impropriety, as the information [distributed] was not confidential or privileged." Similarly, in January, Beryl Howell, former counsel to Senator Leahy, told the Boston Globe that it was probably true that the disclosed memos were not "confidential" under Senate rules.
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So why the fuss over the leaking of the Democrats' documents? Given the legal access, the only mistake Republican staffers made when discovering the judiciary documents was not making copies and holding a press conference. No law can protect evidence of wrongdoing. Senators cannot protect themselves from the scrutiny of the American people. A recent Supreme Court ruling suggests that each document claimed to be private might need separate examination and be weighed against the public interest in its disclosure.

Senator Mitchell said it best in 1992 when adopting the Senate's confidentiality rule. It is, he said, "the fundamental policy of the Senate to favor openness and public access to information."

If they can't be shamed, Democrats should at least quit complaining, lest the American people suspect that politicians who protest so bitterly about having their documents read are people with something to hide.

Actually, it's too late.

Manuel Miranda is former counsel to Senate Majority Leader Bill Frist and Judiciary Committee Chairman Orrin Hatch.

nationalreview.com