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| subject: | Re: Absolute power |
From: "Gary Britt"
Where does that self serving CYA letter say that she retracts her
statements that the NSA leaks were VERY HARMFUL to the country?
Gary
"Rich Gauszka" wrote in message
news:43c7241b{at}w3.nls.net...
>
> "Gary Britt" wrote in message
> news:43c71993{at}w3.nls.net...
> > Well such strong Bushies as Democrat and ranking member of the House
> > Intelligence Committee, Jane Harmon, widely and highly regarded in
> > intelligence matters stated for the record just a few days ago that the
> > NSA
> > leak was VERY HARMFUL to the country.
> >
> > Others not in a position to know are of course free to blather on about
> > how
> > such claims of harm are "hollow".
> >
> > There was obviously great harm, but the criminal statutes applicable to
> > this
> > series of crimes doesn't require harm. Its a crime even when there is
no
> > harm.
> >
> > Gary
> >
> >
>
> Try Jane Harmon's website instead of powerline
>
> "now believe that the practice of briefing only certain Members of the
> intelligence committees violates the specific requirements of the National
> Security Act of 1947."
>
> http://www.house.gov/harman/press/releases/2006/0104PR_nsaprogram.html
>
> January 4, 2006
>
> The President of the United States
> The White House
> Washington, DC 20500
>
> Dear Mr. President:
>
> On December 17, 2005, six members of the House Permanent Select Committee
on
> Intelligence requested a briefing for the full Committee concerning
certain
> publicly-reported activities of the National Security Agency. As you know,
> since 2003, I have been a member of the so-called Gang of Eight - which
> includes the Speaker and Minority Leader of the House, the Majority and
> Minority Leaders of the Senate and the Chairmen and Ranking Members of the
> congressional intelligence committees. As a member of the Gang of Eight, I
> have received periodic briefings on highly classified programs. However,
> with respect to the NSA program that you have disclosed, I have reviewed
the
> law and now believe that the practice of briefing only certain Members of
> the intelligence committees violates the specific requirements of the
> National Security Act of 1947.
>
> The National Security Act requires that "The President shall ensure that
the
> congressional intelligence committees are kept fully and currently
informed
> of the intelligence activities of the United States . . . ." 50 U.S.C. $
> 413(a)(1). The Act makes clear that the requirement to keep the committees
> informed may not be evaded on the grounds that "providing the information
to
> the congressional intelligence committees would constitute the
unauthorized
> disclosure of classified information." 50 U.S.C. $ 413(e).
>
> The Act provides for one exception to the President's duty to keep all
> committee Members fully and currently informed of intelligence activities.
> In the context of a covert action, the President may, if he concludes that
> "it is essential . . . to meet extraordinary circumstances affecting vital
> interests of the United States," limit notification to the Gang of Eight.
50
> U.S.C. $ 413b(c)(2). That procedure applies by the terms of the statute to
> covert actions, not intelligence collection activities.
>
> For all intelligence activities that are not covert actions, the Executive
> Branch's duty is clear: the "heads of all . . . entities involved in
> intelligence activities shall . . . keep the congressional intelligence
> committees fully and currently informed of all intelligence activities."
50
> U.S.C. $ 413a(a)(1) (emphasis added).
>
> The NSA program does not qualify as a "covert action." That term is
defined
> in the National Security Act as "activities of the United States
Government
> to influence political, economic, or military conditions abroad, where it
is
> intended that the role of the United States Government will not be
> apparent." 50 U.S.C. $ 413b(e). Covert actions, pursuant to the statute,
do
> not include "activities the primary purpose of which is to acquire
> intelligence . . . ." 50 U.S.C. $ 413b(e)(1).
>
> As a general matter, Gang of Eight briefings do not provide for effective
> oversight. Members of the Gang of Eight cannot take notes, seek the advice
> of their counsel, or even discuss the issues raised with their committee
> colleagues. It is precisely for this reason that the law requires
briefings
> for the full committee. As you know, both congressional intelligence
> committees are select committees, formed of Members who hold the highest
> security clearances and have a proven ability to safeguard classified
> information. They were formed to be a select subset of the Congress, which
> could provide oversight on behalf of their colleagues who do not sit on
the
> intelligence committees.
>
> I urge you to reconsider your position. In my view, failure to provide
> briefings to the full congressional intelligence committees is a
continuing
> violation of the National Security Act.
>
> Sincerely,
>
> Jane Harman
> Member of Congress
>
>
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