Fix is in, commission doesn't appear to have any subpoena power

[59millionmorons]

More great reporting from Josh Marshall

The commission doesn't appear to have any subpoena power, only the right to "full and complete access to information relevant to its mission as described in section 2 of this order."

If I read this right -- and needless to say I'm no lawyer, notwithstanding that summer in grad school I wasted prepping for the LSAT -- what's 'relevant' is at the discretion of the department heads of the various executive branch agencies.

And if you read the "mission" as defined in the order it seems narrowly framed as looking at pre-war CIA analyses (actually the whole Intelligence Community) and how they stack up against what Kay's guys found on the ground after the war.

Anything the White House did with those CIA analyses, any fisticuffs between the Veep's office and the CIA, anything stovepiped through Doug Feith's operation at the Pentagon, anything that made its way from Chalabi's mumbo-jumbocrats to the the president's speechwriters -- that's all beyond their brief.



http://talkingpointsmemo.com/

[Enough is Enough]

1. Independent Commission

It is time all citizens write to their congressmen to push for an INDEPENDENT Commission to investigate BOTH the administration and the intelligence community (although I firmly believe the fault lies with the administration). So, everybody, contact Congress and push to get a TRUE investigation. DO NOT LET THE ADMINISTRATION OFF THE HOOK!:mad:

[Eric J in MN]

3. If you write, flatter them regarding Congressional power.

Congress should have the power to appoint people to this commission.

Congress should have the power to find the truth by authorizing the commission to issue subpoenas.

etc.

[ComerPerro]

5. hi

:hi:

not so sound condescending, but who exactly would push for this? The Repblican controlled congress?

ON EDIT: I don't mean to be rude (well, I do sometimes, but not in this case). I am just really pissed about this mess, and I see you are as well.

[Enough is Enough]

7. I may have rose colored glasses on

But, it is Congress that can initiate a special investigation and if they receive enough letters, etc, they will know this will not go away! We can all sit back and just gripe about it, OR we can at least try to do something! Clinton didn't ask for an investigation, so why should Bush not be called out?

Unless we TRY, nothing will happen and the status quo will remain!

[newyawker99]

8. Hi Enough is Enough!!

Welcome to DU!! :toast:

[F.Gordon]

2. And it will take a Year!!!

A few good DUers could slap this thing out in a week!

A little add-on to your post.......

Sec. 5. Access to Information. (a) To carry out this order, the Commission shall have full and complete access to information relevant to its mission as described in section 2 of this order and in the possession, custody, or control of any executive department or agency to the maximum extent permitted by law and consistent with Executive Order 12958 of April 17, 1995, as amended. Heads of departments and agencies shall promptly furnish such information to the Commission upon request. The Attorney General and the Director of Central Intelligence shall ensure the expeditious processing of all appropriate security clearances necessary for the members of the Commission to fulfill their functions.

Executive Order 12958;
Sec. 1.4. Classification Authority. (a) The authority to classify information originally may be exercised only by:
(1) the President;
(2) agency heads and officials designated by the President in the Federal Register; or
(3) United States Government officials delegated this authority pursuant to paragraph (c)

(c):

(c) Delegation of original classification authority.

(1) Delegations of original classification authority shall be limited to the minimum required to administer this order. Agency heads are responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority.
(2) "Top Secret" original classification authority may be delegated only by the President or by an agency head or official designated pursuant to paragraph (a)(2), above.

(3) "Secret" or "Confidential" original classification authority may be delegated only by the President; an agency head or official designated pursuant to paragraph (a)(2), above; or the senior agency official, provided that official has been delegated "Top Secret" original classification authority by the agency head.

(4) Each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided in this order. Each delegation shall identify the official by name or position title.


So, Bush* determines what information can or can not be released to the commission. Seems "fair and balanced" to me.
:shrug:

[ComerPerro]

6. Fair and blanced like a Fox

Or a Faux...

[xxqqqzme]

4. Bill Maher

obseved squatter gave the intel commission a year to make something up - like the year he needs to make up for being AWOL - the audience loved it!