Pelosi and the Torture Briefings
By Scott Horton
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I am very skeptical about the ABC report. Some cautions are in order. First, the report does not say, as has been commented elsewhere, that Pelosi “signed off” on the techniques. An argument is being made that her silence can be taken to imply consent. That legal maxim works in some circumstances, but not in this one, particularly because the ground rules of these intelligence briefings require the silence of those who are briefed. That in my mind is a major issue that emerges from the torture controversy: is it appropriate to gag Congressional leaders this way?
Second, some figures in the CIA are now attempting to fight off calls for a probe into the Bush Program. Critics of such an effort have long seen the fact that Democratic Congressional leaders were briefed about the program as an Achilles heel. Use it to embarrass the Democratic leadership, they think, and any probe will be shut down. So it’s suspicious when the two prime figures in the briefing group, Jane Harman and Nancy Pelosi, suddenly become the targets of mysterious leaks sourced from the CIA or figures close to it. Extreme skepticism is warranted.
Third, is the CIA note any more authoritative than Pelosi’s recollections, or the recollections of others who were there? No. In fact, you can count on it that both sides will have self-serving recollections. And there’s a line in that CIA memo that ABC failed to share with its readers when it first posted, but that Marcy Wheeler highlights in an insightful post this morning, namely that the memo is based on:
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notes that summarized the best recollections of those individuals. In the end, you and the Committee will have to determine whether this information is an accurate summary of what actually happened.Got that? Do you think that CIA briefers might go back to Langley and write up–long after the fact–a memo that reflects things they had in mind but did not in fact mention in the briefing? I’d call that human nature. And perhaps enhanced a bit now by a need to be able to say “gotcha” to Congressional leaders who are pushing for a probe.
more at:
http://www.harpers.org/archive/2009/05/hbc-90004933kp: i do not KNOW what to think of any of this anymore...........