Watch this play.
WaPo:
A "very damning" report by the Defense Department's inspector general depicts a Pentagon that purposely manipulated intelligence in an effort to link Saddam Hussein to al-Qaida in the runup to the U.S. invasion of Iraq, says the chairman of the Senate Armed Services Committee....
The investigation by acting inspector general Thomas F. Gimble found that prewar intelligence work at the Pentagon, including a contention that the CIA had underplayed the likelihood of an al-Qaida connection, was inappropriate but not illegal.....
Feith called "bizarre" the inspector general's conclusion that some intelligence activities by the Office of Special Plans, which was created while Feith served as the undersecretary of defense for policy the top policy position under Defense Secretary Donald H. Rumsfeld were inappropriate but not unauthorized.
"Clearly, the inspector general's office was willing to challenge the policy office and even stretch some points to be able to criticize it," Feith said, adding that he felt this amounted to subjective "quibbling" by the IG.
It should be obvious what Feith's motive is, especially with the Libby trial looming in the background. His primary interest, of course, is that the activities of his OSP be deemed at least not unlawful. And he's managed to get the IG's cooperation on that score. But he wants more than that. He wants to scotch their designation of his activities as inappropriate even if not unauthorized.
But what does that mean? Or more importantly, what's the difference between what it means and what Feith and the rest of the "administration" want you to think it means?
When this "administration" makes an argument that its activities were legal because they were "not unauthorized," you need to be thinking of how Attorney General Alberto Gonzales regards the nexus between legality and authorization.
Back in February 2006, Gonzales clashed (in)famously with Sen. Russ Feingold, in a hearing before the Senate Judiciary committee. In Feingold's own discussion of the hearing, he told us:
I reminded the Attorney General about his testimonyduring his confirmation hearings in January 2005, when I asked him [18.4MB video file] whether the President had the power to authorize warrantless wiretaps in violation of the criminal law. We didn't know it then, but the President had authorized the NSA program three years before, when the Attorney General was White House Counsel. At his confirmation hearing, the Attorney General first tried to dismiss my question as "hypothetical" before stating "it's not the policy or the agenda of this President to authorize actions that would be in contravention of our criminal statutes." Yesterday, he tried to claim [25.6MB video file] that he had told the truth at that hearing, bringing the parsing of words to new lows. I think it is clear that the Attorney General misled the Committee and the public not only about the NSA wiretapping program but about his views on presidential power.
But I don't think it was parsing. I think it was misleading, but not parsing. Here's how I saw it:
Not only is he saying that no law can be passed that infringes upon the president's "inherent authority," he is saying that he told the truth in his confirmation hearings because he believes the surveillance programs do not violate the law because they cannot violate the law.
That's why he regarded Senator Feingold's question as a hypothetical. Because it was and is his assumption that no program initiated by the president in furtherance of the national security could be in violation of the law.
That is, it is a resurrection of the infamous Nixon doctrine, revealed in Nixon's 1977 interview with David Frost:
Frost: "So ... what ... you're saying is that there are certain situations ... where the president can decide that it's in the best interests of the nation or something, and do something illegal."
Nixon: "Well, when the president does it that means that it is not illegal."
Frost: " By definition."
Nixon: "Exactly, exactly. If the president, for example, approves something because of the national security ... then the president's decision in that instance is one that enables those who carry it out to carry it out without violating a law."
The "administration's" gambit here is that we'll all fall back on the presumption that the government is "entitled" to this kind of deference. Either that the "Commander in Chief" can get away with certain methods of circumventing the law, and that if he "breaks" it, it's really not breaking it, precisely because he's the president. Or failing that, they hope at the very least that we'll accept their view that the sort of "not illegal" activities which Feith pursued at the behest of the "administration" ought to be beyond the reach of the criminal law, because otherwise we're "criminalizing politics."
At bottom, though, this report makes clear that the "administration's" presumption rests on the willingness of the American people to believe that the purposeful dismantling and circumvention of our legal and authorized intelligence channels -- up to and including the outing of critical undercover non-proliferation agents and the insanely dishonest selling of a war that turned out to be the worst foreign policy disaster in American history -- is "just politics."
It's time we all asked ourselves a question I posed early in the Plame investigation:
What I'm asking is, what's bigger? The lies the administration used to convince the country to go to war? Or the lie that the administration only fought the intelligence community after the fact, to cover its tracks when caught?
Is the administration covering up the lengths to which it went to prevent the exposure of its mistaken reliance on bad intelligence? Or is the administration covering up the lengths to which it went to promote intelligence developed by its own, parallel intelligence structure, a plan which required the simultaneous undermining and the destruction of the credibility of the country's established (read: authorized and legitimate) intelligence structure, which refused to give them what they wanted?
The answer to that question is the difference between "just politics," and "we're not kidding when we whisper the word 'treason.'"